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2010 08.02 City Council Work Session Agenda
pGH 11.0 4101, of Apache Juncon Home of the Super vition Mountain 4P/2D'0 APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, August 2, 2010 7:00 PM AGENDA 1 CALL TO ORDER. 2. ROLL CALL. 3 PRESENTATION AND DISCUSSION ON THE 2010 CENSUS. Al Macias, Regional Partnership Specialist, of the United States Census will provide the status of Census efforts in Apache Junction 4. PRESENTATION AND DISCUSSION ON THE FISCAL YEAR(FY)2010-2011 COUNCIL WORK PLAN Staff will present details of the draft FY 2010-2011 Council Work Plan 5. PRESENTATION AND DISCUSSION ON TOURISM BROCHURE Staff has been working on developing a regional tourism brochure in conjunction with the Chamber of Commerce with input from a citizens' group If approved,the brochure would be distributed at the Apache Junction Chamber of Commerce Visitor's Center and other various valley locations including hotels and RV parks 6. PRESENTATION AND DISCUSSION ON ORDINANCE NO. 1366,AMENDING AND CORRECTING A SCRIVENOR'S ERROR IN ORDINANCE NO. 1332 AS PASSED AND ADOPTED ON JANUARY 20,2009 PERTAINING TO APACHE .•► JUNCTION CITY CODE,CHAPTER 4,FEES,ARTICLE 4-8,MUNICIPAL COURT FEE SCHEDULE,SUBSECTION 4-8 (E),MUNICIPAL COURT ENHANCEMENT FUND; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. Ordinance No 1332 was adopted on January 20, 2009 as a means of updating and amending the Municipal Court Fee Schedule,to offset rising technology costs and to standardize the Court's fee schedule with a bond schedule being adopted by county and state courts. At the time Ordinance No 1332 was written,it was staff's intent to place the court enhancement fee on each charge rather than on each case as currently required under Ordinance No 1332 Ordinance No 1366 corrects this error and establishes that court enhancement fees shall be imposed on each charge 7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-16,EXTINGUISHMENT OF FEDERALLY PATENTED ROADWAY EASEMENT ON ROUNDUP STREET BETWEEN ACACIA ROAD AND STARR ROAD. Proposed Resolution No 10-16 would extinguish the federally patented roadway easement on Roundup Street between Acacia Road and Starr Road The applicant and adjacent property owners are all in agreement of this proposed extinguishment and would like the use of the additional 33 feet for setbacks 8 DISCUSSION ON PROPOSED SOUTHWEST SLURRY SEAL AGREEMENT FOR THE STREET MAINTENANCE SLURRY SEALING OF OLD WEST HIGHWAY IN AN AMOUNT NOT TO EXCEED$237,538.00. This agreement with Southwest Slurry Seal will set the conditiona and prices for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60 Highway for$215,944 00 with a 10%contingency of$21,594 00 for a total amount not to exceed$237,538 00 9. PRESENTATION AND DISCUSSIONI+N THE GREATER PHOENIX ECONOMIMCOUNCIL(GPEC) AGREEMENT FOR ECONOMIC DEVELOPMENT RVICES AND REAPPOINTMENT OF C. 1CILMEMBER SERDY AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS The City of Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007 and renewed its membership in 2008 and 2009 The contract provides for national and international business recruitment services and targeted marketing, research,competitive analysis and prospect management for commercial/industrial-type prospects within the city limits This would be a continuation of those services through 2011 Councilmember Serdy was appointed as the city representative to the GPEC Board of Directors 10. PRESENTATION AND DISCUSSION ON RESOLUTION NUMBER 10-25 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR ROUND 18 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FUNDING FOR ENHANCEMENTS TO NORTH APACHE TRAIL. During the June 17,2010 Work Session,the city council selected the North Apache Trail (Apache Trail to Idaho Road)for submission as tt City's"local"project for Round 18 funding Resolution 10-25 is a mandated part of that application and is consistent with the direction given to staff by the city council 11. PRESENTATION AND DISCUSSION ON RESOLUTION NUMBER 10-26 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR ROUND 18 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FUNDING FOR ENHANCEMENTS TO INTERSECTION OF STATE ROUTE 88 AND OLD WEST HIGHWAY During the June 1,2010 City Council meeting,the council selected the intersection of State Route 88(Idaho Road)and Old West Highway for submission as the city's state project for Round 18 funding Since that time,it has been determined that the project does not meet the criterion of a state project Staff has therefore recommended that the project be submitted as a local project Applicants in local projects are responsible for a cash match and any cost overruns in the project Resolution 10-26 is a mandated part of the application Resolution Number 10-26 authorizes the submission of the application for a local project 12. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-28,AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 10-107-I WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE), AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION. Through the American Recovery and Reinvestment Act(ARRA),the City is currently constructing a road improvement project on Ironwood Drive from U.S. 60 to 16th Avenue(Phase I of the Project) Additional ARRA funds are available for construction of another segment of the Project(from 16th Avenue to Broadway Avenue (Phase II of the Project)due to lower-than-estimated costs in other ARRA-funded regional construction projects Resolution No 10-28 authorizes the City to enter into Intergovernmental Agreement 10-107-I which allows for completion of Phase II of thr?""` Project using the unobligated funds 13. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 10-29,AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 09-127-I,AMENDMENT ONE,WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO ALLOW TRANSFER OF UNUSED CITY MATCHING FUNDS FROM IRONWOOD DRIVE RECONSTRUCTION PROJECT PHASE I(FROM U.S.60 TO 16TH AVENUE)TO PHASE II(FROM 16TH AVENUE TO BROADWAY AVENUE);AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION. With the use of federal grant money pursuant to the American Recovery and Reinvestment Act of 2009(ARRA),the City began construction of a road improvement project on Ironwood Drive between U S 60 to 16th Avenue(Phase I of the Project) Due to lower than expected bids for the Project,the City's matching funds in the amount of$265,000.00 are not needed and are available to help pay for portions of Phase II, which includes construction and design costs from 16th Avenue to Broadway Avenue segment Resolution No 10-29 allows the unused funds to be used in Phase II of the Project 14 PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 10-31,AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. Grants are available through the Arizona Department of Transportation Highway Safety Improvement Program(HSIP)to retrofit selected street signage along 16th Avenue, Delaware Drive and connecting side street intersections Resolution No 10-31 authorizes the city to enter into the attached intergovernmental agreement with the State for the HSIP funds in an amount not to exceed$44,850.00 15. PRESENTATION AND DISC ION ON DRAFT ORDINANCE 1365 REG, DING AMENDMENTS TO THE CARGO CONTAINER REGULATIO Staff will present for council consideration proposed changes to the cargo container regulations regarding the definition of cargo containers and the appeal process 16. PRESENTATION AND DISCUSSION ON PROPOSED CITY CODE AMENDMENTS CASE AM-3-10,TO ALLOW THE PLACEMENT OF PERMANENT HOSPITAL SIGNS IN THE RIGHT-OF-WAY. A new hospital in the city has applied to place their permanent monument sign in the city's right-of-way The Zoning Ordinance,Article 21 Sign Code,Volume I,and Chapter 13 of the City Code,prohibits the placement of permanent private signs in the right-of-way. Staff seeks comment and direction or consensus from council on their desire for staff to proceed with amendments to the city code to allow hospital signs(and hospital signs only)to be located in the public right-of-way 17 ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m, excluding holidays If any person with a disability needs any type of accommodation,pleasg notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time l^ 0,CHE oft. .... 041, - CJ f�� o A ache Junction 2 f .0 Home of the Superstition Mountains PIZott Ej Print TO: City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE 2010 CENSUS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Al Macias, Regional Partnership Specialist, of the United States Census will provide the status of Census efforts in Apache Junction FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and Discussion of Census 2010 Update by Al Macias, Partnership Specialist, US Census ATTACHMENTS: Click to download No Attachments Available Alma, IOW L,dly ot. ache Juntiton Home qf the Supex:itition Mountains 4Przotok Print TO. City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Organizational Development TITLE OF AGENDA ITEM• PRESENTATION AND DISCUSSION ON THE FISCAL YEAR (FY) 2010-2011 COUNCIL WORK PLAN. ACTION REQUESTED- Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION Staff will present details of the draft FY 2010-2011 Council Work Plan FISCAL IMPACT Fiscal Expenditure Required Beyond Budget (explain) OPTIONS /ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ FY 2010-2011 Council Work Plan CITY COUNCIL WORK PLAN FISCAL YEAR 2010/11 DEVELOPMENT OF COMMUNITY City General Plan A comprehensive update to our General Plan will address 11 plan elements and provide an inclusive public participation process currently underway Staff anticipates bringing the Plan forward to City Council for approval in October 2010 Downtown Implementation Plan Upon receiving the G&G Consulting downtown recommendations,.,Council will have the opportunity to adopt those recommendations If adopted,city staff will bring forward various downtown projects for implementation, some projects will be able to be completed in-house while others will need to go through the regular bid process Projects will likely include,but are not limited to Plaza Drive,Apache Trail Median, Decorative Lighting at Focal Point Intersections, Construction drawings for N Apache Trail, North West corner Apache Trail/North Apache Trail,Branding Program, Painting of light fixtures and traffic signals along Apache Trail& Idaho, and installation downtown directional signs Rural Character Plan Development of a policy or plan to establish certain standards and/or criteria to protect our rural and western heritage within the City's low density residential zoning area. Staff anticipates bringing forward to City Council in the third quarter of FY 2010=11. Affordable Housing St is Plan The proposed 2010-11 Gen4 I Plan identifies the need to address and adopt an affordable housing strategy for it :,; his stry Id. ch, identify, and recommend city policy, programs, and regulatio5 4 d exp ualitydable housing in the city. This plan will be drafted in- house. X Portal's Development Agreement d Entitlement Staff is expecting that the developer;'of Portal's will be officially submitting their application for master plan and development agreemedtapproval to the P&Z in late summer or early fall Staff intends to bring forward to the City C©` rjcl for a work session and approval in the third quarter FY 2010-11 Update of Development Fee Ordinance With the assistance from the city's development fee consultant, staff will reevaluate and update current the development fee ordinance including the fee structure and ordinance language. Owl 4 Review/Adopt 2006 International Property Maintenance Code The proposed 2010 General Plan identifies and recommends that the city adopt the 2006 International Property Maintenance Code, which provides a more thorough and comprehensive program for property maintenance than our current property maintenance ordinance. This new code introduces standards that will address safe site egress, hazardous structural conditions, and sanitary health hazards. Begin Comprehensive Zoning Code Update The proposed 2010 General Plan identifies and recommends a comprehensive update to the city's zoning code The city's zoning code has not been comprehensively updated since 1985 This has resulted in a present day patchwork of zoning amendments that are difficult for both staff and the public to comprehend, interpret, and administer. It is time for the city to redraft the zoning code to contemporary code standards which will improve access and understanding of these very important regulations. This project will likely take more than one year and will be drafted in-house. School District IGA Update Due to the economy, the school district is having difficulty upholding their end of an existing IGA relating to facility use and maintenance This project would involve significant staff work by'the district and city. The City Council and School Board would ultimately approve odifications to the IGA COMMUNITY INFRASTRUCTURE Street and Transportation Strategic Plan *As,. , At an August Work Session, staff wilypresent ancrdiscuss with City Council present strategic planning efforts for the next five to to , ears e City's tra; ortation network. Akti Street Maintenance Plg At an August Work Session, staff will present and discuss with City Council the planned street maintenance and construction ppjects for the FY 09/10. Engineering Standards and Public Works Fees Presentation/discussion for consideration of updates to the existing Engineering Guidelines and PW fees. Intersection Improvements IGA -Meridian Dr/Southern Ave Presentation/discussion for consideration of entering an IGA with Maricopa County for improvements to the Meridian Dr and Southern Ave intersection Award of bid-landscape maintenance contract Slurry Seal of Old West Highway Discussion and consideration of award for street maintenance work to the Old West Highway consisting of the slurry seal treatment from Idaho Rd to Goldfield Rd 2 Alk Signage Status/Update Presentation/discussion regarding various sign designs and installations. Signs would include ADOT US 60 vicinity signs/monuments and downtown economic development signage through G & G recommendations. Arizona Department of Transportation IGA Presentation/discussion of needed IGA with ADOT for maintenance of recently installed Emergency Aa. Vehicle Preemption (EVP)systems in ADOT traffic signals located within Apache Junction Apache Junction Fire District IGA Presentation/discussion of recommended changes and updates to existing IGA between the City of AJ and the Fire District. New addition to IGA would include the maintenance of EVP on ADOT signals outside the City of Apache Junction but within the AJFD by PW forces. PUBLIC SAFETY vs . Fireworks-Guidelines and Model Ordinance A As the result of the passage of HB2246 in the 2010 logislatkr session, the sale of certain kinds of fireworks will be legal in the state effective December 1, 2010 The legislation includes provisions allowing cities and towns flexibility to regulate the use of fireworks within your municipal boundaries. In October 2010 the Apache Junction Fire District will bring,forward recommendations for a city ordinance to the City Council Towing RFP Council has expressed interest in improving and streamlining the current vehicle towing process for Police related matter This discussion will,include"the possibility of going through the Request for Proposal process to select one vendor'through bid process THE CITY:..INTERNAL ISSUES .�. .a- Adoption of updated City Code, Volume I City staff has been AQrking with a third party to recodify the city code. In addition, the code will be available online for the public 457 Plan Loan Provisions Some City Employees have expressed interest in being able access funds in their 457 deferred compensation accounts. A resolution approved by Council is required to implement this change. Investment Debt Management Policy The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy Doing such will assist city staff in the management of our fiduciary duties. 3 41 ECONOMIC DEVELOPMENT Economic Development Strategic Plan Staff will build upon the extensive EDAPT work already done and look to integrate items emerging from the Downtown Implementation Strategy (CDBG-grant). If Council adopts the recommended plan, it will be incorporated as an appendix of the City's updated General Plan which will eventually be submitted to Apache Junction voters for approval in 2011 Infill Incentive District Clarification Following G & G's final report and recommendation submittal, Council may provide direction to staff to update various aspects of the Infill Incentive district GPEC Contract Each year Council considers renewing Apache Junction's membership/contract for services with the Greater Phoenix Economic Council (GPEC). Funding,of the GPEC contract renewal is included in the tentative FY2010-2011 city budget that Council adopted on Tuesday,July 6, 2010.' City Sponsored Business Park Direction to staff/grant submittal for a feasibility study for a City Sponsored Business Park There is potential for this project to be a joint effort between Development Service and potentially CAAG for a Rural Development grant., 4 Ap ACH ro �.. GO of Apache Junction Home of the Superstition Mountains 'Q1ZCNF aj Print TO. City Manager's Office FROM: Patrick Brenner, Community Relations Manager DATE: August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON TOURISM BROCHURE ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff has been working on developing a regional tourism brochure in conjunction with the Chamber of Commerce with input from a citizens'group If approved, the brochure would be distributed at the Apache Junction Visitor's Center and other various valley locations including hotels and RV parks FISCAL IMPACT: Fiscal Expenditure Required Beyond Budget(explain) OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available O� ACHE- City of Apache Junction Home of the Super:i7rtion Mountains 4Przoto' g Print TO. City Manager's Office FROM: James Hazel, Presiding Magistrate DATE. August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area• Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON ORDINANCE NO. 1366, AMENDING AND CORRECTING A SCRIVENOR'S ERROR IN ORDINANCE NO 1332 AS PASSED AND ADOPTED ON THE JANUARY 20, 2009 PERTAINING TO APACHE JUNCTION CITY CODE, CHAPTER 4, FEES, ARTICLE 4-8, MUNICIPAL COURT FEE SCHEDULE, SUBSECTION 4-8(E), MUNICIPAL COURT ENHANCEMENT FUND, REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Ordinance No 1332 was adopted on January 20, 2009 as a means of updating and amending the Municipal Court Fee Schedule, to offset rising technology costs and to standardize the Court's fee schedule with a bond schedule being adopted by county and state courts At the time Ordinance No 1332 was written, it was staff's intent to place the court enhancement fee on each charge rather than on each case as currently outlined in Ordinance No 1332 , and to impose the court enhancement fee on a per-case basis would be extremely difficult in situations where there are multiple charges. Ordinance No 1366 corrects this error and establishes that court enhancement fees shall be imposed on each charge FISCAL IMPACT: Budgetary Approval Not Required OPTIONS_/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Draft Ordinance No.1366 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM j Py AC Hg 2 r= City Z of Apache Junction thf Home of e Super:ctition Mountains g Print TO. City Manager's Office FROM: Giao Pham, P.E. City Engineer DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-16, EXTINGUISHMENT OF ROADWAY EASEMENT ON ROUNDUP STREET BETWEEN ACACIA ROAD AND STARR ROAD. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Proposed Resolution No 10-16 would grant extinguishment of the roadway easement on Roundup Street between Acacia Road and Starr Road. The applicant and adjacent property owners are all in agreement of this proposed extinguishment and would like the use of the additional 33 feet for setbacks FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion of proposed Resolution No. 10-16. ATTACHMENTS: Click to download 0 Memo to Council ri Resolution No 10-16 A 11'.CH Si`' IP Public Works Department zcay Ate thvii.A441. Home of the Superstition Mountains +: RJZOA' Date July 7, 2010 To Honorable Mayor and Members of the City Council Through George Hoffman, City Manager David Fern, Public Works Director From Giao Pham P E , City Engineer Subject Extinguishment of Federally Patented Easement on Roundup St Between Acacia Rd and Starr Rd Proposed Resolution No 10-16 Federally Patented Easements (FPEs) are the primary means whereby property is accessed by our citizens in the northeast areas of Apache Junction FPEs were established as a means to allow large parcels of land to be split while maintaining public access to the newly formed lots This region consists of the properties that were developed through lot split, rather than subdivisions. FPEs are typically a total of 66 feet in width (that is 33 feet across the frontage of each property adjacent to the FPE) Roundup St between Acacia Rd and Starr Rd has never been opened or maintained by the City for public use The roadway is classified as a local roadway In addition,the FPE does not maintain access to any landlocked properties and adequate access to public rights-of-way would be available Area transportation would not be adversely affected Mr. Mike Weber filed an application for the extinguishment on Roundup St between Acacia Rd and Starr Rd. The application included a support petition signed by Leslie Judd, Thomas Swanson and Margo Dejaynes, the adjacent property owner's, who also desire the extinguishment. The property owners desire the use of the 33 feet for setbacks and feel that additional roads are unnecessary in that area 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480)982-8005 n i L April 6, 2010 City of Apache Junction Engineering Dept. 575 E Baseline Ave Apache Junction, AZ 85219 RE: Easement Abandonment To Whom It May Concern, The owners of the properties for the attached application are in agreement to the reasons of abandoning the road easement on their properties Safety concerns make it the wish of the owners to make capital improvements to increase protection from criminal elements With the possibility of removal of these improvements if a road ever was built makes little sense for us to make these investments We feel it's in the best interest of the City for its residents to feel safe in their homes and on their property We pay property taxes on all of our land but do not really have full use of all of our land. One owner is planning an addition to the house but cannot do what they want because of setback requirements to the easement. We believe the neighborhood has plenty of traffic access and really does not need a needless road for the City to build and maintain. We meet all of the Guidelines for Roadway Abandonment as set forth by the City and feel this application should be favorably considered Thank you for your consideration l A /0 - ate APPLICATION FOR ROADWAY ABANDONMENT/ RIGHT-OF-WAY EASEMEN XTINGUISHMENT'1 Name of Applicant(s) kt I L - W -g-.. Mailing Address PO B V K t i c/ A--"AC 1-0''-cr v-D,AkL PSr t-- Phone# 'go'(o'{'? -0 0 5 5- Tax Parcel # /b0''r3-�"- 00-5 C Location of Right-of-Way Abandonmen /Right-of-Way Easement Extinguishm_en� RocaiJbuP 5 ' 6 S 1_' �� s r-.�2 L>> s - ii ttk, Uwe do hereby certify that Uwe am/are the owner/s of property that will be directly affected by this application, and Uwe do hereby execute this application. • it4f..-&.//e- /6- Applicant Signature Applicant Signature State of A( a)t4 h- ) The Foregoing Instrument was Acknowledged before AI � )ss. me this 7ft day of i4i Q,( _,20� County of "V,l N,� L ) by ' (k6 U. - 17e12_ My Commis ion Expires. `A. k r(� .41 �iZaj3 Notary Public � � NOTARY PUBLIC STATE OF ARIZONA �� ')' ' Marloupa County '�7 THERYN K. HANIEN My Commission Expires 04130113 Page 4 of 5 ROADWAY ABANDONMENT /RIGHT-OF-WAY EASEMENT TINGUISHMENTSUPPORT PETITION Name of Applicant (s) ✓1//' - ZA-7 a Mailing 8vX /1434 A-�Ael �L fZ -z`tz,,0( g.c( ( Address Phone# qd26 -IQ —002:5-`a Tax Parcel # /p° Location of Abandonmen tinguishme ✓i° fek-CIACAGk All property owners owning property abutting the proposed roadway abandonment/right-of-way easement extinguishment must be contacted. Signatures representing 100% of the frontage on all sides of the proposed roadway abandonment/right-of-way easement extinguishment must be in support of this action,prior to submittal to the application to the Public Works Department for processing I,THE UNDERSIGNED PROPERTY OWNER, WILL BE DIRECTLY AFFECTED BY THE PROPOSED ROADWAY ABANDONMENT/RIGHT-OF-WAY EASEMENT EXTINGUISHMENT. I SUPPORT THIS ACTION PRINT NAME S NATURE MAILING ADDRESS TELEPHONE# PARCEL# L 5 o t>" '11V9 csA. 1 � % a. �� i 4 ? /ors 40HAS SrvAYasorY ,-{41,2b ���A'�t��S � �� 1CJ -i•Vc,(4,..14)-1 / po" a _: • ;. •wy y-- 100 02z-D et L i<)7 q tV . Acctl.it- I 'C _ ina 100 62-LC. Page 5 of 5 es es RESOLUTION NO 10-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON ROUNDUP STREET FROM ACACIA ROAD TO STARR ROAD AND DESCRIBED IN EXTINGUISHMENT CASE EX-10-02 ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT OR FUTURE PUBLIC RIGHTS- 0111 OF-WAY WHEREAS, the City upon incorporation became the holder of easements as described in Docket 398 Page 41, Docket 928 Page 583, for public roadway purposes over certain parcels of real property described in Exhibit A and depicted in Exhibit B; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (G) , on April 7, 2010, the fee simple owners of the property, Mike Weber, "Owner" , filed an application, included a support petition signed by the adjacent property owners, Leslie Judd, Thomas Swanson and Margo Dejaynes, with the Apache Junction Public Works Department to extinguish the roadway easements; and WHEREAS, such easements may be extinguished by local municipal governments pursuant to A.R.S. § 9-500-24 and 28-9214, and WHEREAS, on April 7, 2010, the Owner also paid the required non-refundable filing fee in application for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) , and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (I) , the Director of Public Works on April 20, 2010, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the City Engineer, the Apache Junction Fire District, as well as all affected public utility providers; and WHEREAS, no opposition was received from Salt River Project, Southwest Gas, Arizona Water Company, and Superstition Mountain Community Facilities District to the extinguishment request . No response was received from Qwest Communications, and WHEREAS, the Public Works Director, the City Engineer, the Public Safety Department, the Development Services Department and the Fire District recommended extinguishment of the roadway easement; and RESOLUTION NO. 10-16 PAGE 1 OF 3 1 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and WHEREAS, the City Engineer has determined that the easements in question because of their locations and typography, have no or de minimus public value NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS 1) The City Council of the City of Apache Junction, Arizona finds that the roadway easements described and depicted in Exhibits A and B are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes and have no or de minimus public value. 2) The above-described easements are hereby extinguished for public roadway and right-of-way purposes. 3) Nothing in this approval extinguishes the utility easement interests of any public utility agencies/entities PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010 eN ( RESOLUTION NO. 10-16 PAGE 2 OF 3 "IN ens ATTEST KATHLEEN CONNELLY City Clerk 1 1 APPROVED AS TO FORM RICHARD J STERN j City Attorney 1 f 1 1 1 (t t 1 1 1 1 I 1 { RESOLUTION NO 10-16 PAGE 3 OF 3 EXHIBIT A PARCEL 1 (Adjacent to 100-27-022D) The South thirty-three feet (33' ) of the South half of the West half of the South half of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPT the West thirty-three feet (33' ) THEREOF. PARCEL 2 (Adjacent to 100-27-022C) The South thirty-three feet (33' ) of the South half of the Southeast quarter of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. EXCEPT the East thirty-three feet (33' ) THEREOF. PARCEL 3 (Adjacent to 100-27-025C) The North thirty-three feet (33' ) of the North half of the Northeast quarter of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. e EXCEPT the East thirty-three feet (33' ) THEREOF PARCEL 4 (Adjacent to 100-27-025F) The North thirty-three feet (33' ) of the North half of the Northwest quarter of the Northeast quarter of the Southwest quarterquarterSection of the Southeast of Sect o 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPT the west thirty-three feet (33' ) THEREOF i I EXHIBIT "B" I i - 1 - _ 1 _ _ L 1 I I I • ____ __] - SHIPROCK- _ - STREET - — a - - - - — € I I I0 1Q al I °r ° 1 I I- _ _ _ MANZANITA + - STREET _ °- Th3' j - - - - - - 33' T i , , I 22D 22C I +_t33 I "1 •1 li I — — STREET _ I A _ f - - - - 66 1 25F 250 33 11 1 1 1 - - _ _ L ,....... I _ MOCKINGBIRD STREET - - f ,.., U ,_ Q 0 11 I 11 I 11 I I I - - - - i I I - - - - 1 i 1 I 2 6 B SURROUNDING PARCELS —-— ROAD CENTERLINE i �%1 PROPOSED H EXTINGUISHMENT z I I I [ I I I Adak Asa tphCH do °k • {: ` City of Junction Horne of the Superstition Mountains 4 P/20Nt* Ej Print TO. City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM: DISCUSSION ON ENTERING INTO CONTRACT WITH SOUTHWEST SLURRY SEAL FOR THE STREET MAINTENANCE SLURRY SEALING OF OLD WEST HIGHWAY IN AN AMOUNT NOT TO EXCEED $237,538 00 ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Discussion on proposed agreement with Southwest Slurry Seal for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60 Highway for$215,944 00 with a 10%contingency of$21,594.00 for a total amount not to exceed $237,538 00 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion ATTACHMENTS: Click to download D Southwest Slurry Seal Memo D Southwest Slurry Seal Agreement P ACN ✓ O.4 ti Public Works Department R� City of Apache ,_ttatior Junction Home of the Superstition Mountains JEW Date. July 21, 2010 To Mayor and Members of City Council Thru. George Hoffman, City Manager David Fern, Public Works Director From Shane Kiesow, Public Works Director Subject Consideration of Contract with Southwest Slurry Seal Staff respectfully requests City Council to give consideration to entering into a contract with Southwest Slurry Seal for the street maintenance slurry sealing of Old West Highway from Idaho Road to Goldfield Road/US 60. The work will be through Pinal County cooperative contracts#40194, #44003, and #44004 for$215,944.00 with a 10% contingency of$21,594.00 for a total not to exceed amount of$237,538.00. Staff offers this proposed work and contract for discussion at Council Work Session with possible approval on the following Regular Session consent agenda to allow time for this work to occur before the Pinal County contract expires October 6, 2010 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT PW # 2010-12 THIS AGREEMENT made and entered into by and between the CITY ON OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and Southwest Slurry Seal, Inc , an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A Contractor asserts its willingness, ability and qualifications to provide the work and service called for in Pinal County contract Numbers 40194, 44003, and 44004 . B City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such services C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol . I, Chapter 3, Administration, Article 3-7, Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows. 1 PROJECT DESCRIPTION: Contractor shall do and perform ON or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in Pinal County Contract Numbers 40194, 44003, 44004, and Southwest Slurry Seal Inc estimate dated May 14, 2010 including, but not limited to. A Application of Type II Polymer Modified Slurry Seal to Old West Highway, Idaho Rd (Hwy 88) to Hwy 60 ROW. B. Approximate square yards of road to be treated, 132, 425 C Traffic control including local off-duty Apache Junction sworn Police Officers as required by the Apache Junction Public Works and Public Safety Directors' 2. PAYMENTS & COMPLETION. The contract sum shall be the total amount payable by the City to the Contractor in the amount of two hundred fifteen thousand nine hundred and forty-four dollars ($215, 944 . 00) for the performance of the work under the contract documents except for changes authorized by properly executed change orders . All contracts will be operable for their 1 oemok full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City Upon notice that the work is ready for final inspection or acceptance, City representative shall promptly cause to be made an inspection When 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 their knowledge, information and belief and 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 No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees 3. CONTRACT TERM. Contractor hereby fixes the time for completing the said work by October 6, 2010 This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the 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 and insure under the requisite laws and regulations for 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. es 5. INSPECTIONS AND QUALITY OF WORK• Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents without requirement of Change Order or any additional charge or cost to City whatsoever 6. WARRANTY: Contractor shall guarantee the work against defective workmanship or materials for a period of one 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 construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance Within 2 0.1 one year from the date of final acceptance due to faults in workmanship or materials, the 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, Contractor shall provide or secure from the appropriate sub-contractor 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 period mentioned above 7 . TAXES. Contractor shall pay all license, sales, 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, governmental 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 Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain •any required business tax license 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 3 eiN the work required by the contract documents Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document 10 SUPERINTENDENT Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to the City before work is performed 11 PROGRESS SCHEDULE. Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule Said progress schedule shall be maintained and updated during the project Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12 . INDEMNIFICATIONS: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) , relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 13. SUBCONTRACTORS. All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract . Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City 14 . GOVERNING 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 terms 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 reasonable attorney fees to be determined by the court in such action 4 Amk 15 INSURANCE Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement Contractor' s insurance shall be primary insurance as respect to 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 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 services . 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- insured 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, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. 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 5 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 Insurance Service Office, Inc Policy Form CG 00011-93 or any replacement 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 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, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract 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 General Liability insurance. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit . In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by 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 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 the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City 6 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) 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 the contract authorizing a change in the work or an adjustment in the contract sum or the contract time A change order signed by Contractor indicates his agreement therewith City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents . 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 assign the contract or sublet it as a whole without the written consent of the other, nor shall the 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 LABOR & MATERIAL PAYMENT BOND• City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms 7 ems ems which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY• Contractor and/or its subcontractors shall be solely responsible for job safety at all times 22. 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 ems 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 23 TIME IS OF THE ESSENCE. Contractor shall carry the work forward expeditiously. If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by City or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine Any claim for delay or extension of time shall be made to the City representative within the same work day, otherwise said claim shall be waived by Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of damages for delay by either party under the provisions of the contract documents . 24 TERMINATION BY CONTRACTOR• Contractor may terminate this Agreement if City as not paid any undisputed amount due after forty-five (45) days of not being paid such sums after being notified by City. 25. 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, believes Contractor has failed to meet the requirements of 26. 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 27 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 8 Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement 28 SEVERABILITY- If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected 29. CONFLICT OF INTEREST: The provisions of A R S § 38- 511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 30 COMPLIANCE WITH FEDERAL AND STATE LAWS The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989,the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws The following is only applicable to construction contracts . The Contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees" Under the provisions of A.R S § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty Contractor agrees to assist the City in regard to any random verifications performed Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and 9 ems ems Nationality Act and the E-Verify requirements prescribed by A R.S § 23-214, Subsection A The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "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 10 /1141 /1 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2010 . Contractor. By• Title. CITY OF APACHE JUNCTION an Arizona municipal corporation By. John S Insalaco Title. City Mayor ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM. Richard J. Stern City Attorney 11 ems CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT. PW# 2010-12 The certifies that the following insurance policies have been issued on behalf of NAME OF INSURED ADDRESS OF INSURED Type of Policy Effect Expire Limits of Insurance Number Date Date ^, Liability 1 Workman's $100, 000 Each Accident, Compensation $100, 000 Each Disease, $500, 000 Disease Policy Limit 2. Commercial $1, 000, 000 Each General Occurrence, $2, 000, 000 Liability Products/Completed Operations Aggregate; $2, 000, 000 General Aggregate Limit 3 Contractual $1, 000, 000 Each Bodily Injury & Occurrence Property Damage 4 . Automobile $1, 000, 000 Each Bodily Injury & Occurrence Property_Damacf It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties Aldan Date. Countersigned by Title SUBSCRIBED AND SWORN TO before me this day of 2010 by as Insurer Notary Public My Commission Expires: 12 8( �q AC H��G y�o Ci 1 ©_f'Apache Junction Home of the .ruper:stition Mountains 4Rtzolos a,Print TO. City Manager's Office FROM: Stephen Filipowicz, Economic Development Director DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON CONTRACT RENEWAL WITH THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) FOR ECONOMIC DEVELOPMENT SERVICES AND REAPPOINTMENT OF COUNCILMEMBER SERDY AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS. ACTION REQUESTED: Presentation and Discussion DISCUSSION /BACKGROUND INFORMATION: The City of Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007 and renewed its membership in 2008 and 2009. The City contracts with GPEC to provide national and international business recruitment services and targeted marketing, research, competitive analysis and prospect management for commercial/industrial-type (i e non-retail) prospects. Councilmember Serdy was appointed as the city representative to the GPEC Board of Directors. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download 0 Staff Report GPEC FY10-11 Agreement 0 GPEC Community Benefits Report L ,t z) City of.Apache Junction Home of the Superstition Mountains Economic Development(Diiision DATE July 13, 2009 MEMORANDUM TO. Honorable Mayor and City Council MEMORANDUM THROUGH George Hoffman, City Manager MEMORANDUM FROM. Steve Filipowicz, Econ Dev Dir SUBJECT: Greater Phoenix Economic Council (GPEC) Contract Renewal FY 2010-2011 —Staff Report It is time once again for Council to consider renewing Apache Junction's membership/contract for services with the Greater Phoenix Economic Council (GPEC) for FY 2010-2011. Again this year in recognition of the severe constraints all GPEC communities are facing the amount has been reduced from $20,671 00 to $18,469.00. For AJ this represents a reduction of$2,202.00 from last year's (FY 2009- 2010) contracted amount Funding of the GPEC contract renewal in the amount of $18,469 00 is included in the tentative FY2010-2011 city budget that Council adopted on Tuesday, July 6, 2010. Interestingly, GPEC has gradually shifted from a 50%-50% public-private funding balance to an approximately 60%-40% private-public formula This past year staff submitted qualified candidate site submittals on three GPEC leads* Projects, Global, Chalkboard and Test, and GPEC helped facilitate a staff training workshop in November 2009, and participated in our Economic Development Forum#2 in April 2010. GPEC provides each member community a "Return On Investment" (RO1) calculation based on regional modeling formulas and is attached separately GPEC estimates a three year RIO trend for Apache Junction of 4 1 for each dollar invest by our city in GPEC. Apache Junction joined GPEC in July 2007. Below is an excerpt from the staff memo of May 2007 when the matter was then being considered In our efforts to implement Council's guidance to be more aggressive in our economic development activities on behalf of Apache Junction, and building upon our efforts to put a team in place to do this day to day, the single most important step I can identify to you and Council is to pursue membership in the Greater Phoenix Economic Council (GPEC) Doing so tells the valley, and the world, that Apache Junction is serious about economic development, and is prepared to make the commitment of time, staff and funding necessary to compete successfully in this market Investment in GPEC is a long term proposition In the case of Surprise, it was something like eight or more years before a GPEC `deal" actually located within their city limits. However, through area economic impact modeling, the elected officials and staff were able to see the positive impact of other GPEC leads locating nearby Voice(480)982-8002 • FAX (480)982-7018 • TDD(480)983-0095 • www.ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 p ,...., GPEC/Possible Membership Page 2 Staff respectfully recommends renewing the contract with GPEC for FY 2010-2011 and re- designating a Council member to the GPEC Board of Directors ... AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION City Contract No. The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal corporation(the "City"),has approved participation m 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, 2010 - June 30, 2011 NOW, THEREFORE, in consideration of the mutual promises contained herein, the CITY and GPEC agree as follows. I. 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: 1 GPEC's primary role is image building, marketing and new business attraction for the Greater Phoenix region. 2 Retention and expansion of existing businesses is primarily a local issue. 3. GPEC can add value to retention and expansion of existing businesses through regional support and research on key retention and expansion projects 1 4. GPEC has a responsibility to advise the City when an existing company contacts GPEC regarding a retention or expansion issue D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention 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 Action 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 in the 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 Action Plan will be revised to reflect any agreed upon changes to the 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 Action Plan In the event of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control, these ow\ 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 to the City discussing in detail its progress in implementing the 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, 2010 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 2 es e"S such events or(u) 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 in the City. 3 The City shall provide an official economic development representative to represent the City on the EDDT, which advises GPEC's President and CEO. 4. The City shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with GPEC's staff, the use of shared data systems, land and building data bases and private sector real estate industry interfaces 5. The City shall use its best efforts to respond to special requests by GPEC for particularized information about the City within three business days after the receipt of such request 6. In order to enable GPEC to be more sensitive to the City's /1 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"). 3 1 eiN B. RECOGNITION OF GPEC: The City agrees to recognize GPEC as the City's officially designated regional economic development organization for marketing the Greater Phoenix region III. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s) of the City shall be entitled to participate in GPEC's marketing events provided that such participation shall not be at GPEC's expense When requested and appropnate, 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 B. COMPENSATION ( 1 The City agrees to pay $18,469.00 for services to be provided by GPEC pursuant to the Agreement dunng the fiscal year ending on June 30, 2011, as set forth in this Agreement This amount is based on approximately $0.5752 per capita applied to that portion of the City's population outside of Mancopa County plus approximately $0.3897 per capita applied to that portion of the City's population within Mancopa County, based upon the 2009 Maricopa Association of Governments ("MAG")population estimate,which listed the City as having a population of 37,588 in Pinal County and 276 in Mancopa County and includes a 15% rate reduction to FY2010- 2011 compensation. 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 dunng 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 2 Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the City Council pursuant to the required budget process of the City; 3. Nothing herein shall preclude the City from contracting separately with GPEC for services to be provided in addition to those to be provided hereunder, upon terms and conditions to be negotiated by the City and GPEC, and 4 GPEC shall submit invoices for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the City with the audit required pursuant to paragraph I E above no later than December 31, 2010, no payments shall be made hereunder until the 4 /11 City receives the audit report Invoices and monthly activity reports, substantially in the form of Exhibit D ("Reporting Mechanism for Contract Fulfillment") attached hereto,are to be submitted to the address listed under paragraph IV P C. COOPERATION: 1 The parties acknowledge that GPEC is a cooperative organization eiN effort between GPEC and the City Accordingly, the City and GPEC covenant and agree to work together in a productive and harmonious working relationship, to cooperate in furthering GPEC's goals for the 2010-2011 fiscal year 2 The City agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY 2011-2012 contract 3 The City agrees to work with GPEC during the FY2010-2011 program year to develop a revised public sector funding plan, including a regional allocation formula for FY2011-2012, 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. eiN B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC recognizes the provisions of the City Code of the City of Apache Junction which require and demand that no payment be made to any contractor as long as there is any outstanding obligation due to the City, and directs that any such obligation be offset against payment due to GPEC. C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation pursuant to this Agreement Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and no effect. D. INDEPENDENT CONTRACTOR;No AGENCY: Nothing contained in this Agreement creates any partnership,joint venture or agency relationship between the City and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of City. City shall have the right to control GPEC only insofar as 5 I, to the results of GPEC's services rendered pursuant to this Agreement. GPEC shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, GPEC shall indemnify, defend, hold, protect and save harmless ^ the City and any and all of its Council members, officers and employees from and against any and all actions, suits, proceedings, claims and demands, loss, hens, 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 writing of the existence of any claim, demand or other matter to which GPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for '1\ 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 right of GPEC to proceed under this Agreement upon one (1) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by GPEC, or any agent or representative of GPEC, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract, provided that the existence of the facts upon which the City makes such findings shall be an issue and may be reviewed 6 in any competent court. In the event of such termination, the City shall be entitled to pursue all legal and equitable remedies against GPEC available to the City H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows 1. GPEC will not discnminate against any employee or applicant for employment because of race, color, religion, gender, sexual 01 orientation, national origin, age or disability. GPEC shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, national origin, age or disability. Such action shall include, but not be limited to, the following- employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship GPEC agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause 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 origin, 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 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 verify such compliance. 1. GPEC warrants to the City that, to the extent applicable under A.R S §41-4401, GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A R S §23-214(A). GPEC 7 eiN acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract The City retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty /N 2 The City may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty. 3 The City will not consider GPEC or any of its subconsultants who work on this Agreement in material breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA § 1324(a) and (b) of the Federal Immigration and Nationality Act and the e-venfy requirements prescribed by Arizona Revised Statutes § 23-214(A) 4 The provisions of this Section I must be included in any contract GPEC enters into with any and all of its subconsultants who provide services under this Agreement or any subcontract to provide services under this 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 /'1 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 period 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 period and diligently and continuously prosecute the same to completion within 90 calendar days or such longer period as the City may approve in writing The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed 8 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 Pinal, State of Arizona, or in the Federal District Court in the District of Arizona In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. M. APPLICABLE LAW. Any and all disputes 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 Arizona, Pinal County N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by an Arizona court of competent jurisdiction. O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate and make them available for audit by City personnel upon request P. NOTICES. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed, three (3) days after the notice is deposited in the United States mail addressed as follows 9 elk 0.11 If to City George Hoffman City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Phone. (480)474-5066 Fax (480) 474-5110 If to GPEC. Barry Broome President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix, Arizona 85004-4469 Phone. (602) 256-7700 FAX (602) 256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J), all parties hereto acknowledge that this Agreement is subject to cancellation by the City pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 10 PS R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member,official or employee of the City will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to GPEC or successor,or on any obligation under the terms of this Agreement No member, official or employee of GPEC will be personally liable to the City, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the City or successor, or on any obligation under the terms of this Agreement S. No WAIVER. Except as otherwise expressly provided in this Agreement, anyof its rights or remedies as 1 byanypartyin any failure or delay asserting g to any default, will not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies T. SEVERABILITY. If any provision of this Agreement shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law, provided that the fundamental purposes of this Agreement are not defeated by such severability. U. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text V. No THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights, whether as a third-party beneficiary or otherwise,by reason of any provision of this Agreement. W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original This Agreement, including twelve (12) pages of text and the below-listed exhibits which are incorporated herein by this reference,constitutes the entire understanding and agreement of the parties. Exhibit A- GPEC Action Plan Exhibit B - GPEC Performance Measures Exhibit C-Targeted Industries Exhibit D - Reporting Mechanism for Contract Fulfillment Exhibit E- Insurance Requirements This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof 11 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 IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of , 2010. + City of Apache Junction, an Arizona municipal corporation By. John S. Insalaco, Mayor ATTEST. By Kathy Connelly, City Clerk APPROVED AS TO FORM By Richard J Stern, City Attorney GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By. Barry Broome, President & Chief Executive Officer 12 EXHIBIT A xs1 k a v , a�tj'1 40 V� GPEC FY2011 ACTION PLAN GREATER PHOENIX ECONOMIC COUNCIL ) ) k ftgl*FINWV:, Its ,, , 0 '` 2 EXECUTIVE SUMMARY 7 BUSINESS DEVELOPMENT ` GPEC STAKEHOLDERS 8 COMPETITVENESS r3 5 FYsi METRICS 9 MARKETING ) 6 FYII BUDGET 10 STAKEHOLDER ENGAGEMENT' LEADING THE WAY What to Expect the -'i 8 g Pages FYio MILESTONES PROGRESS WE'VE MADE IN THE LAST YEAR-SELECT ACHIEVEMENTS ) AND KEY BENCHMARKS ESTABLISHED. FYII ACTION ITEMS SAMPLE OF ACTIVITIES THAT WILL PURSUE JOBS,INCREASE COMPETITIVENESS. OAS, LEADERSHIP ROLE HOW STAKEHOLDERS CAN HELP FULFILL OUTCOMES AND RESULTS til/ill' ..``�Sv'�� HELPS THESE FYII METRICS Qv CONNECTING ACTIVITIES TO OVERALL PERFORMANCE GOALS GREATER PHOENIX ECONOMIC COUNCIL 602256.770o WWW.GPEC.ORG twitter @GPEC O•jtv`-.00 • Keys to Shaping .,,: Economic Recovery and Job-Creation in . Current State Back to Basics Arizona Like many states still beset with a Broadening our expertise to include BUSINESS DEVELOPMENT budget deficit,Arizona faces the research-based analysis that leads • Create and maintain high-quality challenge of resolving its fiscal to the creation Modernized enterprise zone jobs and investment through industry problems for a fourth consecutive year. of economic A statewide program will shift Attract quality diversification r~ Additionally,Arizona is undergoing development Arizona's competitive ranking from widespread attention by national businesses to the • Proactively pursue the best projects 9th to 3rd in the Mountain West policies has been Greater Phoenix and international media as a result a natural and that meet community and regional and help retain current Arizona region from objectives of the illegal immigration debate and around the world, complementary based companies frequently an unfulfilling legislative session that and advocate addition to recruited by other states. leaves Arizona without a recovery plan. and champion our business COMPETITIVENESS foundational attraction outfit, • Establish targeted,sound economic Incentives for high-wage jobs Although state leaders and policy- efforts to improve satisfying the development programs that enhance Smart incentives will attract makers made some progress in the region's overall mission of regional and state competitiveness high-impact companies resulting championing economic development competitiveness. GPEC. in the creation of quality jobs for • Guide new strategic business Arizonans. programs and supporting solar industry opportunities through geographic development in Arizona, much work Realizing our dual role as a thought and industry trend analyses Reduced corporate income tax still remains to improve Arizona's leader and facilitator to quality job policy for base Industries perception and create quality jobs(see creation has been evolutionary and one Keys to Shaping Economic Recovery that we will continue to refine in order MARKETING Responsible corporate income tax • Market strengths and assets using reductions will enhance Arizona's and Job-Creation in Arizona). to meet the needs of the communities new, non-traditional tools business climate. we serve. Driving Change • Communicate,educate and inform The Greater Phoenix Economic Council Pursuing Jobs, increasing State economic plan development plan (GPEC)has been a credible resource stakeholders,policy-makers, A statewide plan is critical to Competitiveness citizens and media of key economic Arizona's long-term economic for Arizona's leaders,demonstrating For that reason,GPEC will maintain g p e development issues fut ••• ability to compete our aptitude for providing fact-based, current priorities into Fiscal Year 2011, for jobs o - , age. data-driven information to increasing taking a solutions-oriented approach statewide competitiveness to garner real,measurable outcomes In the theme of pursuing jobs and Over the last year, it is within this competency that GPEC has shown real increasing competitiveness,GPEC is both stain true to our purpose and staying p p effectiveness, helping to shape policy getting back to basics and programs that advance economic development in Arizona GREATER PHOENIX ECONOMIC COUNCIL 60z.256.77oo WWW.GPEC.ORG twitter @GPEC "}`"- ► i3 ) ) I x. a �� .,, . MARICOPA COUNTY SCOTTSDALE AVONDALE FOUNTAIN HILLS PHOENIX GILBERT GOODYEAR QUEEN CREEK MESA TEMPE BUCKEYE TOLLESON GLENDALE PEORIA MARICOPA WICKENBURG CHANDLER SURPRISE APACHE JUNCTION AAA ARIZONA D.L WITHERS CONSTRUCTION KTAR SRP APS THE DIAL CORPORATION/A HENKEL MARICOPA COMMUNITY COLLEGES STIRLING ENERGY SYSTEMS ALLIANCE BANK COMPANY MARACAY HOMES UNIVERSITY Of PHOENIX ARIZONA CARDINALS DMB ASSOCIATES MAYO CLINIC USAA THE ARIZONA REPUBLIC/GANNETT ERNST&YOUNG MIDFIRST BANK US AIRWAYS FOUNDATION FREEPORT-MCMORAN COPPER&GOLD NAJAFI COMPANIES VERIZON WIRELESS ARIZONA STATE UNIVERSITY HENSLEY NATIONAL BANK OF ARIZONA WASTE MANAGEMENT AT&T MOBILITY HINES PETSMART WELLS FARGO ARIZONA BANNER HEALTH HUMANA PHOENIX SUNS WESTCOR CHASE JOBING.COM ST JOSEPH'S HOSPITAL AND MEDICAL CENTER COX COMMUNICATIONS KAET-CHANNEL 8 SOLARCITY ABRAXIS BIOSCIENCE COE&VAN LOO CONSULTANTS KITCHELL CORPORATION SCF ARIZONA AETNA COLLIERS INTERNATIONAL KLUTZNICK COMPANY SINDEL TECHNOLOGY SOLUTIONS ARIZONA DIAMONDBACKS COMPASS BANK LEO A DALY SMITHGROUP AUSTIN COMMERCIAL COSTAR GROUP LEWIS AND ROCA SNELL&WILMER BANK OF ARIZONA DELOITTE M&I BANK SOUTHWEST AIRLINES BLUECROSS BLUESHIELD OF AZ EL DORADO HOLDINGS MCCARTHY BUILDING COMPANIES SUN HEALTH PROPERTIES BRUCE A BODNER COMPANY ENSEMBLE DEVMAN OF ARIZONA MOHAVE SUN POWER SUNDT CONSTRUCTION CANCER TREATMENT CENTERS OF AMERICA GAMMAGE&BURNHAM MORTENSON CONSTRUCTION UPS CAPITAL COMMERCIAL INVESTMENTS HOWARD S.WRIGHT CONSTRUCTORS PAYPAL WEALTHTRUST ARIZONA CASSIDY TURLEY/BRE COMMERCIAL IE DUNN CONSTRUCTION PHOENIX CHILDREN'S HOSPITAL CB RICHARD ELLIS JOHN C LINCOLN HOSPITAL RENAISSANCE COMPANIES "`GREATER PHOENIX ECONOMIC COUNCIL 6o2.256.770o WWW.GPEC.ORG Twiner@GPEC ., ets I 4co,., `,..1)::;:z,.,-.,r..,i. e,_,„, k,d qy AIA VISTA TECH THE ELLMAN COMPANIES MCSHANE DEVELOPMENT COMPANY SOS STAFFING AVNET FENNEMORE CRAIG MSS TECHNOLOGIES SOUTHWEST GAS CORPORATION BRIDGERS&PAXTON CONSULTING ENGINEERS FERVOR CREATIVE NOVA HOME LOANS SQUIRE,SANDERS&DEMPSEY BRYAN CAVE GOOOMANS INTERIOR STRUCTURES ON Q FINANCIAL SUMCO PHOENIX CORPORATION CAPITAL GROUP COMPANIES GRANT THORNTON OPEN DOORS TARGET COMMERCIAL INTERIORS CLEAR CHANNEL OUTDOOR INTEL CORPORATION OSBORN MALEDON UNIVERSITY OF ARIZONA-COLLEGE OF COLD STONE CREAMERY IABIL THE PLAZA COMPANIES PHARMACY COVANCE IENNINGS,STROUSS&SALMON PURVIS UNIVITA CUSHMAN&WAKEFIELD KELLY SERVICES QUARLES&BRADY WEST VALLEY NATIONAL BANK DEUTSCH ARCHITECTURE GROUP KPMG RISC WIST OFFICE PRODUCTS COMPANY DIBBLE ENGINEERING LANDMARK PROPERTY RYLEY CARLOCK&APPLEWHITE DPR CONSTRUCTION MARSH SCOTTSDALE HEALTHCARE THE AMERICAN INSTITUTE OF ARCHITECTS DE RITO PARTNERS IRGENS DEVELOPMENT PLANT SOLUTIONS ADOLFSON&PETERSON CONSTRUCTION DIRCKS CORPORATE RELOCATION LAND ADVISORS CORPORATION SKYSONG,THE ASU SCOTTSDALE APPLIED ECONOMICS MANAGEMENT SERVICES MERIDIAN BANK INNOVATION CENTER ARIZONA OFFICE TECHNOLOGIES GALLAGHER&KENNEDY NORTHERN TRUST BANK SUNSTATE EQUIPMENT COMPANY BDM CONSULTING GREENBERG TRAURIG THE ORCUTT/WINSLOW PARTNERSHIP WI MALONEY PLUMBING I CAREFREE PARTNERS HOLDER CONSTRUCTION PERINI BUILDING COMPANY GREATER PHOENIX ECONOMIC COUNCIL 6o2.256.770o WWW.GPEC.ORG miner @GPEC "" { Threshold Target Stretch ) 4avroll 4.:4.4-!Prnitet $128.4M $142.7M $157M 2,475 2,75o 3,025 968 1,075 1,183 $51,554 $56,709 $62,380 8 10 12 187 208 229 16 20 24 iota! keAco f;n: Piacements 30M 33M 36M 7 o° 7 3° 7 6* ompetftiPositian Progress *. meet or Llreed C; sh Reserve TargeI 98% 100% 102% °BASED ON A SCALE OF I TO 10 °°AS DETERMINED BY GPEC's EXECUTIVE COMMITTEE GREATER PHOENIX ECONOMIC COUNCIL 602.256,77°o WWWGPEC.ORG ,wit ter @GPEC i • For Fiscal Year July 1, 2010 - June 30, 2011 - i t. a► Revenues FY09-10 Budget FY09-10 Forecast* %of total FY10-11 %of total Variance** Change Public Funds $ 1.976,855 $ 2 039,741 44 4% $ 1,905,340 42.6% $ (134 401) -6.6% Private Funds 2,525 000 2 545125 55 4% 2 562.700 57.3% 17.575 0.7% Other Income 5.000 8,729 0 2% 8 000 0.2% } Total Revenues $ 4,506,855 $ 4,593,595 100.0% $ 4,476,040 100.0% $ (117,555) -2.6% Operating Expenditures Business Development $ 1 266 392 $ 1 154 092 25.1% $ 1.282,148 28.6% $ 128 056 11.1% Marketing $ 555.228 $ 504.828 110% $ 533 216 11.9% $ 28,388 5.6% Research&Strate& $ 555 788 $ 555 788 12.1% $ 625,801 14.0% $ 70,013 12.6% External Relations $ 727,344 $ 738,247 16.1% $ 826,916 18.5% $ 88 669 12.0% Resource Management $ 1,270,847 $ 1 263,883 27 5% $ 1.212.920 27.1% $ (50 963) -4 0% Facilities $ 532.852 $ 485 000 10 6% $ 490 052 10.9% $ 5,052 1.0% Expenses $ 4,908,451 S 4,701,838 102.4% S 4,971,053 111.1% $ 269,215 5.7% Netkroome/(Loss) $ (401,596) $ (108,243) -2.4% $ (495,013) -11,1% $ (386,770) 357.3% Less. Fixed Assets (50 000) - 0 0% (25,000) -0.6% (25 000) Add' Free Rent* 341,852 186,114 41% 146 142 3.3% (39,972) -21.5% Add Depreciation 110,000 110,000 2 4% 96 000 2.1% (14,000) -12 7% Net Cash Movement-Operations 256 187,871 4.1% (277,871) -6.2% S (465,741) -247.9% Net change in cash reserves $ 256 $ 187,871 S (277,871) $ (465,741) -247.9% Notes 'Forecasted results as of March 31 2010 '"Variance FY08-09 budget vs FY07-08 actual GREATER PHOENIX ECONOMIC COUNCIL 602.256.770o WWW.GPEC.ORG rwirrer @GPEC 3 11 '�J, e� • • Create and maintain high-quality jobs and investment through industry diversification ' • 4- \ON • Proactively pursue the best projects that meet community , e l and regional objectives l FY10 l lil -53tone' FY11 Action Items Leadership Role a$., Amplify international strategy (continued) Leadership Councils and CBC 1 By Q3 of the fiscal year,GPEC's For two years,international prospects national selectors.Led by the Community • Leverage professional body of work I pipeline swelled with larger deals have outperformed annual target goals Building Consortium(CBC),this referral to provide competitor-market that would help recoup jobs-goals A dedicated international professional source will be integral in our direct- intelligence from FY09.Comprising a third of and high-level advisory board will selling efforts and a mandatory sales • Connect GPEC with high-level GPEC's locates,strong renewable ensure a plan to attract foreign direct channel in our California approach decision-makers,corporate real project activity also gave GPEC a lift. investment from China,Germany and estate executives Spain,and seek new opportunities Open doors to Fortune companies in Calgary and Vancouver Emerging Explore new ways to approach corporate • Host prospects and site-selectors Armed with the new Renewable regions in Brazil, India and the Middle real estate executives and chief-level during in-market visits and Energy Tax Incentive Program,GPEC East will also be vetted.Arizona holds decision-makers of Fortune 500 and ExecuTours solidified several solar investments promise in becoming a gateway for 1000 firms.Ranked by gross revenues including China-based Suntech China's U.S.investment. and high-growth measures,these Economic Development --one of the world's largest solar companies are ideal candidates for Directors Team cell manufacturers--building its Perfect California headquarter/regional campus • Facilitate prospect introductions first U S manufacturing presence in Maintaining the position that Arizona discussions. to mayors,city council and local Goodyear is a natural partner to the Golden industry leaders where appropriate State,GPEC will sharpen our pitch Continue pursuit of solar and and deploy complementarymarketingnext-generation technologies Expanded travel into the Bay area, Continue capitalizing on solar while Helps These FY11 Metrics p y and media tactics to cultivate existing Orange County, Inland Empire, and generate new prospects.Also leveraging research to capture emerging • Pipeline of qualified prospects LA and San Diego to at least two key to the mix is GPEC's participation technologies--those that will define • Total number of jobs created times per month,and refined sales in the Arizona Sun Corridor initiative the next wave of business opportunities. • Number of high-wage jobs created channels to uncover targeted with Tucson,Yuma and Flagstaff This Narrow health care,biomedical targets • Average high-wage salary business opportunities statewide approach adds to GPEC's • P- •enerated Couple market strengths,innovative 1 La;nce d u£1l y3r,9 , y.{: current California efforts. assets and world-class leadership,with • sfaction with Systematized an effective,outbound Revisit site-selectors focus-group outcomes to develop a busin ion callingeffort to increase lead-andconcentrated life sciences strategy In the last two years,this group has prospect-generation in key industry represented about 14%of prospective The health care leadership council will areas.and set appointments in help guide a plan that includes companies in GPEC's pipeline(versus advance of sales missions,trade 17%-20%in years prior). Economic device/diagnostic,research support shows and conferences. stabilization in 2011 will lead to a and specialty health care. higher percentage of prospects from GREATER PHOENIX ECONOMIC COUNCIL 6o2256.770o WWW.GPEC.ORG twiner @GPEC e0 • Establish targeted, sound economic development programs that R , ,•v enhance regional and state competitiveness .N,), • Guide new strategic business opportunities through geographic % � and industry trend analyses F FY10 Milestone s. FY11 Action Items Leadership Role Advance comprehensive Jobs program (continued) Leadership Councils,CBC GPEC proposed a modernized, GPEC will again pursue a job-recovery technology will be key to defining an and Economic Development fiscally responsible and competitive program in the next legislative session, innovation-driven economy.GPEC will Directors Team Enterprise Zone program Adopted building on select economic development partner with universities,entrepreneurs • Leverage professional body of work in the broader Arizona Job Recovery tools that were presented in FY10 and communities to create a regional to provide competitor-market Act(House Bill 2250),it gained strategy that enhances and accelerates intelligence t traction in the legislature.Although Validate target Industries commercialization. Almost a decade has passed since • Offer in-house resources to help a jobs recovery package was not supplement GPEC research and realized,GPEC has a solid framework GPEC commissioned IBM to identify Continue advancing competitiveness strategy activities to present to policy makers moving target industries for the region The Slow economic recovery is intensifying forward. complexities of recent economic trends inter-state competition for investments • Serve as advisors and reviewing body and emergence of the renewable and quality jobs.GPEC will continue in target-industry refinement Solar star e. +sr ;`M, industry warrant further validation tracking best practices,crafting smart . Champion a job-recovery program Not only was Arizona's Renewable of existing and new target industry economic development programs and among state policy-makers Energy Tax Incentive Program clusters.Such refinements will educating state policy-makers with the (formerly Senate Bill 1403)signed help guide strategic and immediate goal of advancing a diversified and in FY10,but also more renewable business attraction opportunities. sustainable regional economy. incentive policies were passed this legislative session that will benefit Open up international markets Drive solar market development Helps These FY11 Metrics companies and residential and In support of a stronger international The level of demand for solar energy business development effort,GPEC in Arizona signals to the industry our . pipeline of qualified prospects E commercial consumers of solar, g will build,evaluate and leverage new market potential both as a technology • Pipeline of international prospects ..,•2, 3..., market intelligence on opportunity- leader and consumer.Arizona's • Total number of jobs created After 10 years,GPEC returned to rich targets such as China and other Renewable Energy Standard(RES)has • Number of high-wage jobs created the nation's capitol to meet with recognized foreign direct investment one of the most aggressive solar carve- • high-wage salary Arizona's Congressional delegation, regions outs in the country.Commercial and .° 7... tition progress bringing attention to key areas residential demand for solar energy 1 : affecting Greater Phoenix Among Pursue emerging technologies are exceeding expectations GPEC will ,* them:F-35 training at Luke Air New technologies in renewable energy, continue to support progressive solar Force Base,federal regulations for life sciences, high-tech manufacturing demand policies financial lending,infrastructure and information communication r'. for solar deployment and positive promotion of Arizona with media GREATER PHOENIX ECONOMIC COUNCIL 6o2256.77oo WWWGPEC.ORG twiner @GPEC ) ) _f �*{k� • Market strengths and assets using new, non-traditional tools �raVklit fr ` '. • Communicate, educate and inform stakeholders, policy-makers, • citizens and media of key economic development issues. I FY10 Milestones FY11 Action Items Leadership Role IOpportunity Greater Brand Greater Phoenix (continued) Marketing Committee,Leadership ) _# 1,4''; - Greater Phoenix faces key challenges have tailored messages and specific Councils and CBC Launched as a new communications in maintaining a clear identity amid data that help position Greater Phoenix • Guide brand-development process medium promoting positive regional a difficult economy and negative as a leader within each vertical industry. (Marketing Committee) news,OGP generates original story real estate,lending and cultural • Offer in-house resources to help content and is well-received among perceptions.Tasked with marketing Host more familiarization tours the business and public-sector the region to attract quality companies, Recent ExecuTours have resulted supplement GPEC media and OGP community InSite is a web-based GPEC must lead a brand-creation in new prospect activity and helped activities GIS tool designed to market process that ensures Greater Phoenix influence location/investment • Host prospects and site-selectors commercial real estate that is unique, is relevant to our target audience and decisions in the region.GPEC will during in-market visits and value-based or shovel-ready To stays true to our value proposition continue to target chief-level executives ExecuTours date,225 properties are listed among competitor markets. and national site-selection consultants through increased,face-to-face Reaching t1.1(4 ,-SI ,off miii:..< Fine tune OGP and gpec.org relationship-building.With four events GPEC's proactive approach to local Better define each website's intended planned between October and April, and national media capitalized on audience and super-serve content in GPEC's ExecuTours will provide an a more viral news landscape. In engaging,interactive ways.OGP and impactful,customized experience for addition, much of GPEC's efforts gpec.org will incorporate rich media, key decision-makers while helping have enjoyed national appeal.As aggressive Search Engine Marketing to solidify business development Helps These FY11 Metrics a result,GPEC's earned media and Optimization strategies,and clear transactions program hit a record number in calls-to-action,helping pave the way to • Pipeline of qualified prospects total reach of editorial placements, stronger,longer-term relationships and BIg Apple media tour • Pipeline of international prospects with initiated stories about the a larger body of brand loyalists. Conduct an outbound media tour in • Stakeholder satisfaction with region and state circulating to well New York City,building on progress business attraction over 215 million readers/viewers. Go in-depth with microsites made during the Washington, D C • - .f editorial placements i Create a series of industry-specific, executive mission.The main objective Si._ -4;°r- s , k..;t: '1 4_' . 7'.r:_ stand-alone mini websites for use will be to counter the prevalence of Key outcomes:increased prospect as a marketing tool by business negative Arizona stories by conveying activity,site-selector support for development. Designed for easy-use by positive news about the region and economic development tools in site-selectors and chief-level executives state to prominent national and Arizona,and greater awareness of with built-in trackability,microsites will international media outlets. the region and GPEC's efforts to improve our business climate GREATER PHOENIX ECONOMIC COUNCIL 602256.77oo WWWGPEC.ORG twitter@GPEC f:4,4,""' i .1fisp. The active involvement by GPEC stakeholders carves a path for ., .. ,fi- our region and state to become world-class and extraordinary. �µ { -0 Stakeholder support enables GPEC to pursue economic .0 t opportunities while allowing investors to participate in key economic =1 development activities. ;* Board of Directors Executive Committee Leadership Councils* Ambassadors* Provides effective oversight of the Acts on behalf of the Board of Directors, Guide CEO on key initiatives,leverage Leverage broad range of professional organization and helps shape GPEC's advising on strategic direction and professional expertise and connections backgrounds to provide assistance influence as a regional thought leader overall performance of annual goals to further business development and in the areas of regional business- competitiveness efforts,and support climate improvement and business Board Committees implementation of programs development activities. Evaluate progress on audit and financial responsibilities;monitor board Community Building Consortium* appointments and compensation of Applies collective commercial real CEO and staff,serve as estate experience to help capture sounding board for business development opportunities marketing activities. and increase the region's transactional capabilities. Economic Development Directors Team Advises CEO and staff on local economic development trends,offers insight on pulse of city/town council and partners with GPEC to finalize location decisions ) *Eligibility determined by investment level or strategic appointment GREATER PHOENIX ECONOMIC COUNCIL 6o2.256.7700 WWWGPEC.ORG twirrer @GPEC ) ) n EXHIBIT B GPEC PERFORMANCE MEASURES FY 2010-2011 Specific performance targets as established by the GPEC Executive Committee and Board of Directors. 1. Payroll Generated $128.4M 2. Total Number of Jobs Created 2,475 3. Total Number of High-Wage Jobs 968 4. Average High-Wage Salary $51,554 5. Emerging Tech Assists 8 6. Number of Qualified Prospects 187 7. Number of Qualified International Prospects 16 8. Total Reach of Editorial Placements/Exposures 30M GPEC continues to target high-wage industries (advanced business services, aerospace, life sciences, renewable energy,high-tech/IT) Page 1 of 7 EXHIBIT C TARGETED INDUSTRIES FY2010-2011 GPEC and our member communities have identified targeted industries on a local and regional level, incorporating these industries into a regional economic development plan. For fiscal year 2010-2011, GPEC continues to target high-wage industries(advanced business services,aerospace,life sciences,renewable energy,high-tech/IT) Member communities will target the following Apache Junction Business services, environmental technologies research and manufacturing, standard and advanced manufacturing, regional and corporate centers, medical institutions, mining support facilities, resort/tounst-oriented development, filmmaking(location shooting) Avondale Advanced Business services,renewable energies,BIO/life sciences,advanced manufacturing,high-tech/information technology,recreation,sports,tourism Buckeye Advanced business services (insurance and financial services), bioscience (medical devices and pharmaceuticals), high tech(data center and services),environmental technology/sustainability,standard manufacturing,medical and educational institutions,transportation/distnbution Chandler Advanced Business Services, corporate/regional headquarters, high-tech electronics and software development, aerospace/aviation and advanced materials,biosciences and sustainability Fountain Hills Advanced business services,life science,high-tech/IT,renewable energy,post-secondary institutions,tourism Gilbert Advanced financial/business 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 diagnosis),corporate/regional headquarters,sustainability(environmental),advanced matenal/plastics Glendale Aviation/aerospace, software development, sports and entertainment, high-tech consultants; research and /^ development, defense, financial services and insurance headquarters; resorts, healthcare and medical services, engineering and architectural Goodyear Advance financial/business services,high-tech electronics and software development,aerospace/aviation,advanced materials, biosciences (treatment, medical diagnostics, research) and senior industries, food, fiber and natural products,transportation/distribution,standard manufacturing;environmental technology,sustatnability Maricopa(City) Business services and software, high-tech electronics, aerospace and advanced materials, agrt-bio, transportation/distnbution,standard manufacturing,environmental technology Maricopa County Food,fiber and natural products,transportation/distribution,standard manufacturing,environmental technology Mesa Primary Target Industries Healthcare, Education, Aerospace and Tourism Secondary target industries Advanced business services,regional and corporate centers,environmental technology, research&development,bioscience,sustainability Page 2 of 7 /111 elmS Peoria Business services; information technology, healthcare technology and advanced medical services, educational institutions,standard manufacturing,environmental technology Phoenix Business services and software,high-tech electronics,aerospace/aviation,advanced materials,bioscience and senior industries, food, fiber and natural products, transportation/distribution, advanced manufacturing, standard manufacturing,environmental,sustainability Queen Creek Aerospace and aviation, health and wellness, advanced financial/business services, arts, culture and experience, education Scottsdale Advanced business services (financial services), bioscience (research, drug development, treatment, medical products),high-tech/software,sustainability(environmental),corporate/regional headquarters Surprise Environmental technology, advanced medical services, biotech, education and healthcare, transportation and distribution Tempe Advanced business services(financial services), high tech/software(R&D,data center and services),high-tech/next generation electronics, aerospace R&D/aviation, bioscience (research, drug development, treatment, medical diagnostics), corporate/regional headquarters, sustainability (environmental), advanced matenals/plastics, senior industries Tolleson Aerospace and advanced materials, food, fiber and natural products, transportation/distribution, standard manufacturing,environmental technology,sustainability Wickenburg Transportation/ distribution, standard manufacturing, environmental technology, food, fiber & natural products, advanced business services Page 3 of 7 EXHIBIT D FY 2010-2011 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month, Year OIN Business Attraction Performance Metrics: GPEC Progress Towards Goals Annual Contract Actual Goal %of Targeted Opportunities Goal YTD YTD Goal YTD PAYROLL GENERATED(MILLIONS) NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS AVERAGE HIGH WAGE SALARY EMERGING TECHNOLOGY ASSISTS QUALIFIED PROSPECTS INTERNATIONAL PROSPECTS TOTAL REACH OF EDITORIAL PLACEMENTS GPEC continues to target high-wage industries (advanced business services, aerospace, life sciences, renewable energy,high-tech/IT) KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES Page 4 of 7 /,, 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 categories set forth below with limits of liability in amounts acceptable to the City 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed 10/93 or any replacements thereof) General Aggregate/per Project Products-Completed Operations Aggregate Personal& Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability - Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 12/93 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers'Compensation Statutory Employers'Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page 5 of 7 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions. 1. Commercial General Liability a The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of. activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC, and automobiles owned, leased, hired or borrowed by GPEC b GPEC's insurance shall include broad form contractual liability coverage. c. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement d. GPEC's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents, employees and volunteers Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability f. Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement g. The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the City 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be Page 6 of 7 n suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been sent to City at the address provided herein for the giving of notice Such notice shall be by certified mail, return receipt requested E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" /1\ rating of not less than A-.VII. City in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice. City's Agreement/Agreement number, GPEC's name and description of the 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 7 of 7 • Investing in GPEC I City of Apache Junction Community Benefits Report The Greater Phoenix Economic Council (GPEC) is a performance-driven, public-private partnership GPEC partners with the City of Apache Junction, Maricopa County, 17 other communities and 140 private-sector investors to promote the region's competitive position and attract quality jobs that enable strategic economic growth and provide increased tax revenue for Apache Junction. Apache Junction Revenue Return (3-year trend): 4:1 GPEC and our partners help Apache Junction Investment increase the quality and Funding Request for FY11: $18,469 quantity of transactions in the (MAG 2009 Population—with 15%reduction in funding) region by: Current Funding for FY10: $20,671 • Marketing industry- (MAG 2008 Population—with 5%reduction in funding) specific business cases to showcase our competitive advantages. • Expanding prospecting Driven Results activities in California and other domestic markets. The City of Apache Junction benefits from site location projects and GPEC activities that occur across the region. • Securing international • Economic development projects create value by generating public investment. and private revenues. • Commute patterns and retail studies show that employees of • Capturing opportunities in 'locates' live and spend their incomes in all Greater Phoenix emerging technology communities Thus,when a company selects a Greater Phoenix around solar and location, all communities benefit with increased tax revenues. healthcare. • 106 jobs region-wide' for Apache Junction residents from GPEC- assisted locates • Connecting prospects with local R&D expertise. • Addressing gaps in the market such as Return on Investment(3-year trend) speculative buildings, technology parks and • $4 of direct revenue2 for every$1 invested. accelerators,and venture capital. • $9 of total revenue3 for every$1 invested. • $4.3 million in new consumer spending' generated by employed Apache Junction residents. An addition of$4 created by multiplier This report summarizes the effects, results in total consumer spending of$8.3 million. significant benefits and return on investment GPEC delivers • $256,795 in new Apache Junction direct revenues'(boosted to to the City of Apache Junction $298,912 when including related multiplier effects of$555,707). and this region. 'Revenue estimates are from the Greater Phoenix Consensus Impact Model.In 1999,GPEC and our members developed the region's first-ever consensus-based revenue and economic Impact model Based on nationally accepted multiplier data provided by IMPLAN,the model is customized to calculate economic and revenue benefits for GPEC's members and the State of Arizona 2lncludes property,sales and utility taxes,as wet as state-shared and other local revenues 3lncludes direct revenues plus those generated by related supplier and consumer jobs GREATER PHOENIX ECONOMIC COUNCIL Regional Results Summary FY10* FY09 5 Year Total Payroll Generated $77.9M $60.4M $852.6M Jobs 2,134 1,300 18,595 High-wage Jobs 472 869 11,391 Average Salary $36,504 $46,442 $45,850 Qualified Prospects 163 198 853 Earned Media Reach 331 6M 92 9M 486 2M Assisted Locates 13 15 96 Capital Investment $114 2M $1359 9M $5.5B *Through April 2010 Targeted Opportunities Apache Junction advances GPEC's mission of attracting quality companies to the region by: • Responding to 'E-Track'prospect requests • Participating in prospect community visits • Hosting ExecuTours,tailored events for high-level decision- makers. • Prospecting at trade shows,conferences and sales missions to expand the project pipeline Competitive Intelligence GPEC offers Apache Junction access to unique tools and expertise • Comprehensive demographic, labor, targeted industry information and marketing assistance. • CoStar real estate database • MetroComp operating cost-comparison software for 50 markets • Community Building Consortium • Greater Phoenix Consensus Impact Model analysis. • Community Partnership Program. Community Leadership .�. Leadership is critical to ensuring the success of your community, GPEC and the region's economic vitality Engagement Opportunity Apache Junction Involvement GPEC Board of Directors Jeff Serdy Economic Development Directors Team(EDDT) Steve Filipowicz GPEC Next Operating as a more comprehensive and innovative practice,GPEC Next pursues opportunities with greatest potential for the region through deeper collaboration with our stakeholders,communities and partners By integrating international attraction and an emerging technologies focus with GPEC's core domestic competency, we will satisfy the market's needs for a stronger,better, proactive regional economic development organization.GPEC Next will achieve a thorough understanding of our competitiveness, realize a streamlined,direct-selling approach to competitor and global markets,and make dynamic improvements to the region's business climate O4 ppliCH ✓Zr .••. "� G o City of Junction Home o�f the .Superstition Mountains 4Rfzoo'.. a Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE• August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NUMBER 10-25 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR ROUND 18 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FUNDING FOR ENHANCEMENTS TO NORTH APACHE TRAIL. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: During the June 17, 2010 Work Session, the city council selected the North Apache Trail (Apache Trail to Idaho Road) project for submission as the City's "local"project for Round 18 funding Resolution 10-25 is a mandated part of that application and is consistent with the direction given to staff by the city council. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends that the City Council review and discuss Resolution Number 10-25 ATTACHMENTS: Click to download D Staff Report D Resolution Number 10-25 D Site Plan 6 Gazebo Site Plan THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING - . SECTION UNDER ITEM / L P ',CHF✓� G • C ty of Apache Junction � z Home of the .S uper:sfitron Mountains • a Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NUMBER 10-26 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR ROUND 18 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FUNDING FOR ENHANCEMENTS TO INTERSECTION OF STATE ROUTE 88 AND OLD WEST HIGHWAY ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: During the June 1, 2010 City Council meeting, the council selected the intersection of State Route 88 (Idaho Road) and Old West Highway project for submission as the city's state project for Round 18 funding Since that time, it has been determined that the project does not meet the criterion of a state project Staff has recommended that the project be submitted as a local project Applicants in local projects are responsible for a cash match and any cost overruns in the project Resolution 10-26 is a mandated part of the application Resolution Number 10-26 authorizes the submission of the project application as a local project FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Resolution 10-26 is a federally mandated component of the grant application However, Council may decide not to approve the Resolution because of the stipulations attached to local projects. ATTACHMENTS: Click to download D Staff Report ❑ Resolution Number 10-26 0 Project Site Plan THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM i' Ok PphCN.FJGti , o GOof_Apache Junction 0 2 Home of the .S uper:strtron A l orrntcrrn.s g Print TO: City Manager's Office FROM: David Fern, Public Works Director DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 10-28, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 10-107-I WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR PHASE II OF THE IRONWOOD DRIVE RECONSTRUCTION PROJECT (FROM 16TH AVENUE TO BROADWAY AVENUE): AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Through the American Recovery and Reinvestment Act (ARRA), the City is currently constructing a road improvement project on Ironwood Drive from U.S. 60 to 16th Avenue (Phase I of the Project). Additional ARRA funds are available for construction of another segment of the Project (from 16th Avenue to Broadway Avenue (Phase II of the Project) due to lower-than- estimated costs in other ARRA-funded construction. Resolution No. 10-28 authorizes the City to enter into Intergovernmental Agreement 10-107-I which allows for completion of Phase II of the Project using the unobligated funds FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENT: Click to download 0 Staff Report 0 Resolution No. 10-28 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM c PgACH f 0( Gyn a Ci 'y of Apache Junction U Z t-lotne of the Super:li t/on A 1 orrirtatns 4QfzoN* g Print TO: City Manager's Office FROM: David Fern, Public Works Director DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 10-29, AUTHORIZING THE CITY TO ENTER INTO INTERGOVERNMENTAL AGREEMENT 09-127-I, AMENDMENT ONE, WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO ALLOW TRANSFER OF UNUSED CITY MATCHING FUNDS FROM IRONWOOD DRIVE RECONSTRUCTION PROJECT PHASE I (FROM U.S. 60 TO 16TH AVENUE) TO PHASE II (FROM 16TH AVENUE TO BROADWAY AVENUE); AND AUTHORIZING AND DIRECTING STAFF TO TAKE ALL STEPS NECESSARY TO CARRY OUT THE PURPOSE AND INTENT OF THE RESOLUTION. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION. With the use of federal grant money pursuant to the American Recovery and Reinvestment Act of 2009 (ARRA), the City began construction of a road improvement project on Ironwood Drive between U.S. 60 to 16th Avenue (Phase I of the Project) Due to lower than expected bids for the Project, the City's matching funds in the amount of $265,000.00 are not needed and are available to help pay for portions of Phase II, which includes construction and design costs from 16th Avenue to Broadway Avenue segment Resolution No 10-29 allows the unused funds to be used in Phase II of the Project. ^ FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Staff Report 0 Resolution No. 10-29 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM /0 tyACHE 4,0 " �=Z City of Apathe junction Home of`the Super chtion Mountains 8 Print TO: City Manager's Office FROM. Heather Hodgman, Public Works Management Assistant DATE: August 2, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 10-31, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: Grants are available through the Arizona Department of Transportation Highway Safety Improvement Program (HSIP) to retrofit selected street signage along 16th Avenue, Delaware Drive and connecting side street intersections Resolution No 10-31 authorizes the city to enter into the attached intergovernmental agreement with the State for the HSIP funds in an amount not to exceed $44,850 00 FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion. ATTACHMENTS: Click to download 0 HSIP Staff Memo 0 Resolution No 10-31 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM /1 Ok PpAGME JG,yL' a o City of Apache junction Home of`the Superstition Mountains a Print TO. City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON DRAFT ORDINANCE 1365 REGARDING AMENDMENTS TO THE CARGO CONTAINER REGULATIONS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: The city council will review and discuss proposed changes to the cargo container regulations regarding the definition of cargo containers and the process for appeal. FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion only. ATTACHMENTS: Click to download 0 Cover Memo 0 Draft Ordinance PQpCH City of Apache Junction 4 oP Development Services Department To. Mayor and City Council From Brad Steinke, Director of Development Services Date: June 29,2010 RE. Presentation and Discussion of Cargo Container Ordinance Amendments Amendment to Definition of Cargo Container Several months ago, the council directed staff to amend the cargo container regulations to remove the use of semi-trailers as cargo containers. Staff is returning with a draft ordinance that redefines the definition of cargo containers to prohibit the use of semi-trailers and other similar non-cargo container contraptions. The proposed ordinance amendment clarifies that the definition of cargo containers does not include, and therefore does not allow, a semi-truck trailer in any form (intact, dissected, with or without wheels), railroad car (with or without wheels), mobile or manufactured home, park model, recreational vehicle, or bus, to be used as a cargo container(see attached draft ordinance 1365) Removal of Board of Adjustment Option In addition to the Council directed change discussed above, the City Attorney would like to take this opportunity to amend the cargo container ordinance to remove the Board of Adjustment (BOA) option for property owners seeking relief from the terms of the ordinance The City Attorney has indicated that the BOA process is reserved for zoning code related matters, and since the cargo container regulations are not part of the zoning code, the BOA should not be .r involved As you can see from the attached strike-thru version of the draft ordinance, there are multiple sections of the existing ordinance where the BOA language would be removed. As a result of this ordinance change, qualifying appeals to the cargo container ordinance would be directed to the Appellant Hearing Officer(i.e,the City Manager or his/her designee). Staff Comment This draft ordinance is being presented to the council for presentation and discussion only at the August 2nd meeting Pending council input, the ordinance will then be scheduled for public hearing and possible action at the August 17th meeting. 300 E Superstition Boulevard •Apache Junction,AZ 85219 • Ph (480)474-5082 • Fax(480)474-5102 ORDINANCE NO. 1365 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 9, HEALTH AND SANITATION, ARTICLE 9-1 PROPERTY MAINTENANCE STANDARDS, SECTION 9-1-5, CARGO CONTAINERS; REPEALING ,,,,k. ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, on June 7, 1988, the City Council passed and adopted Ordinance No. 630, regulating cargo containers within the City of Apache Junction, whereby only three were allowed and all others were declared illegal; and WHEREAS, on February 19, 2008, Ordinance No. 630 was repealed and Ordinance No. 1302 was enacted by the City Council to allow cargo containers within the City limits under certain criteria; and WHEREAS, in the practical application of Ordinance No. 1302, the definition of "cargo container" was identified by staff as insufficient when applied to a unique set of circumstances; and WHEREAS, the appellate procedure set forth in Ordinance No. 1302 also had some practical challenges . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS . r SECTION I IN GENERAL That the Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Article 9-1 Property Maintenance Standards, Section 9-1-5, Cargo Containers, hereby is amended as follows: A) Section 9-1-5. 2 shall be amended to read as follows. 2 Definition of Cargo Container: "Cargo Container" (also known as "cargo pod, " "shipping container, " "mobile-mini, " "storage container") means a portable, reusable and prefabricated vessel no larger than nine feet (9' ) tall, ten feet (10' ) wide, and forty feet (40' ) long, without an axle or wheels, ORDINANCE NO. 1365 PAGE 1 OF 4 which was originally: 1) designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; and/or 2) designed for or capable of being mounted or moved on a rail car or being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. This definition does not include, and therefore does not allow, a semi-truck trailer in any form (intact, dissected, with or without wheels) , railroad car (with or without wheels) , mobile or manufactured home, park model, recreational vehicle, or bus, to be used as a cargo container. B) Section 9-1-5 . 3 (c) shall be amended to read as follows . c) They are used for permanent storage as long as they are located to the side or rear of the principal residential structure when physically and practically possible, and must be setback from a neighboring property line in accordance with the zoning district' s minimum accessory building setback. Containers shall not be located between the principal residential structure and the public street. C) Section 9-1-5. 4 (g) shall be amended to read as follows: g) Permanent cargo containers shall be located to the rear or side of the principal building so that their presence is minimized from public view and from neighboring properties . The unit user shall obtain approval from the Development Services Director or his/her designee to properly locate the container. �• D) Section 9-1-5. 6 shall be amended to read as follows: 6. Appeal, Enforcement and Abatement: Any aggrieved applicant shall have the right to appeal the Development Services Director' s denial or conditional approval to the City Manager or his or her appointed designee thereof (hereinafter the "Appellate Hearing Officer") within ten (10) business days after receiving written notice of a denial/conditional approval . Appeal requests shall be limited only to the application of the criteria under which the Director has discretion, including: type and/or size of container (s) , set-up, location on property, purpose of ORDINANCE NO. 1365 PAGE 2 OF 4 container, establishment of a primary use on property, color selection, screening criteria, plant selection and additional permits required. The required minimum lot size of 1 .25 acres for residential property placements is not an issue the Director has discretion to act upon and therefore failure to meet this standard lot size requirement as required by the Council is not appealable. Failure to appeal to the City eiN Manager or appointed designee on all other issues waives all administrative rights and remedies . The Appellate Hearing Officer must hold a hearing within ten (10) business days and shall decide such matter and notify the applicant of such decision within ten (10) business days thereafter. This decision shall be final and binding, subject only to the judicial appeal process pursuant to A.R.S . § 12-901 et seq. Furthermore, if the applicant fails to comply with the conditions of the permit and/or those set by the Appellate Hearing Officer and maintains, uses or stores a cargo container in violation of such conditions and/or in violation of this ordinance, the applicant is subject to the Property Maintenance Standards civil and criminal penalties and abatement provisions under Apache Junction City Code Section 9-1-4 . E) Section 9-1-5 . 9 shall be amended to read as follows . 9 . Building Permit Applicability: The building permit exemption provisions under Apache Junction City Code, Chapter 7, Building, Article 7-1 Building and Technical Codes, Section 7-1-2 "Uniform Administrative Code" (1997 Edition) , Chapter 3 Permits and Inspections, Section 301 .2 . 1 (1) Building Permits, apply to cargo containers with square footage up to the maximum square feet for the cargo container dimensions set forth in definitional subsection (2) of this ordinance. However, a building permit shall be required if any such units are structurally combined with or affixed to a regulated building structure as determined by the Building Official . SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed SECTION III PROVIDING FOR SEVERABILITY ORDINANCE NO. 1365 PAGE 3 OF 4 If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 9, Health and Sanitation, Article 9-1 Property Maintenance Standards, Section 9-1-4, Enforcement and Abatement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 SIGNED AND ATTESTED TO THIS DAY OF , 2010. JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD JOEL STERN City Attorney ORDINANCE NO. 1365 PAGE 4 OF 4 ya Cqy of A ache junction =f _fu Home qf the Superstition Mountains :zoo* a Print TO: City Manager's Office FROM Rudy Esquivias, Senior Planner/Zoning Administrator DATE: August 2,2010 Agenda Type : Work Session Agenda Council Priority Focus Area. Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED TEXT AMENDMENTS CASE AM-3-10, TO ALLOW THE PLACEMENT OF PERMANENT HOSPITAL SIGNS IN THE RIGHT-OF-WAY. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: A new hospital in the city has applied to place their permanent monument sign in the city's right-of-way The Zoning Ordinance, Article 21 Sign Code, prohibits the placement of permanent private signs in the right-of-way. Staff seeks comment and direction or consensus from council on their desire for staff to proceed with amendments to the Zoning Ordinance and the city code to allow hospital signs (and hospital signs only) to be located in the public right-of-way FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: Discussion and consensus. ATTACHMENTS: Click to download D AM-3-10 Work Session Staff Report and Graphic � ACkFJ City of Apache Junction 4R, oNP Development Services Department DATE: August 2, 2010 MEMO TO: Honorable Mayor and City Council Members THROUGH: George Hoffman, City Manager Brad Steinke, Director of Development Services Fred Baker, Planning Manager FROM: Rudy Esquivias, Senior Planner/Zoning Admin SUBJECT: August 2, 2010 - City Council Work Session Discussion Item: Proposed Text Amendments to Zoning Ordinance and City Code to Allow Hospital Signs to be Located in the City Right-of-Way Summary The Arizona Regional Medical Center (aka Apache Junction Hospital) has submitted an application to construct a new monument sign within the Southern Avenue road right-of-way easement area fronting their property located at 2050 W. Southern Avenue (see attached sign plan) . The city' s sign regulations, however, do not allow permanent private signs to be located in the right-of-way. Therefore, the city cannot approve the applicant' s request. As you may be aware, the city' s right-of-way is normally .► reserved for public improvements such as roadway, sidewalk, utility, drainage, street-lighting, landscaping, and official traffic and pedestrian movement signals and public signs . Private permanent signs are typically prohibited in road rights- of-way due to visibility, public safety, and liability issues. The Arizona Regional Medical Center argues that their existing monument sign is set back too far and is not clearly visible to customers seeking medical attention. Accordingly, they would like to encroach within the Southern Avenue public right-of-way easement area and construct a new monument sign within 6 feet of the sidewalk. Proposal While city staff is concerned about the public safety, visibility, and precedent issues with allowing private signs in the right-of-way, we have identified the following options that would allow the hospital, or any future hospital, a sign in the right-of-way if desired by the council• 1 Temporary Encroachment Permit. The Public Works Department would issue a temporary encroachment permit that would allow the hospital to construct their monument sign in the right-of-way easement subject to, among other things, liability indemnification; appropriate surety for sign removal should the city need the right-of-way for future road expansion, and term limit 2 Sign Code Amendment. The city council will review and possibly approve a sign code amendment that would allow hospitals (and only hospitals) to locate their signs within the right-of-way. This sign code amendment would have to specifically provide that hospitals would be the only private land use allowed signage in the right-of-way. Accordingly, the definition of "hospital" would need to be closely defined to prevent proliferation of related uses (e g , medical clinics, radiology offices, out-patient surgical offices, etc. ) . 3. Extinguish Temporary Encroachment Permit. If the council approves the sign code amendment discussed above and the hospital is issued their sign permit, the Public Works Department can extinguish the temporary encroachment easement and the hospital sign would have legal permanent OmN status Ultimately, there will be many issues to resolve, including possible easement conflicts with utility providers, liability and indemnification considerations for both the owner and the city, and relocation responsibilities related to future right- of-way improvements . Request Staff is requesting council discussion regarding the concept of allowing hospital signs in the right-of-way If their appears to be consensus to support such signage, staff will move ahead with drafting the appropriate code amendments for Planning and Zoning Commission review and recommendation, and then final council review and action. C �M dicai '+ 1111 Chest Pain Center I <` EMERGENCY � -. 2050 $10,365 Price includes permit,tax and install Sign consists of an approximately 16"deep, extruded aluminum, double-faced,cabinet sign internally illuminated with high-output fluorescent lamps and electronic ballast. Masonry by others. THIS ARTWORK HAS BEEN CREATED BY CRY SIGNS,LLC.,TO ASSIST YOU IN VISUALIZING OUR PROPOSAL Arizona Regional mil(�ONO,.� PROJECT e.� .o �ooO woo«µ .R»',LAYOUT DATE Or CLIENT. FILE. Medical Center 480-9ee-6552 PHONE. FAX: 1879 E.APACHE"MAIL APACHE JUNCTION,AL APPROVED. DATE