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HomeMy WebLinkAbout2012 12.18 City Council Regular Agenda PLEASE FILL OUT A"RE( 3T TO SPEAK"FORM IF YOU WISH TO ADDR' THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING 1 _M (1i•AC fif✓G "�- • City of Apache Junction Home of the Superstition :%'1ouiltainf' �4110N� APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA December 18, 2012 7:00 PM A. CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. B. CONSENT AGENDA. The Council may, at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to,acceptance of agenda, acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting. Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of December 4, 2012. 3 Consideration of proposed Resolution No. 12-41, authorizing the City of Apache Junction to enter into an Arizona Safe Routes to School Program Cycle 6 Intergovernmental Agreement. After three years of successful submittal, award, and completion of grants under the Safe Routes to School program,the city resubmitted for a fourth year The program provides enforcement and education services through the city's Parks and Recreation Department. In August 2012,the city was notified of an award in the amount of$37,537.50 for the AJ Safe and Fit program.On October 29,2012 the city received the agreement.Arizona Department of Transportation (ADOT) requires that the signed agreement be accompanied by a resolution. Due to time constraints held by ADOT,the city was able to place the resolution on the agenda in December. ADOT authorized the city to return the signed agreement prior to having the resolution signed in order to expedite the process. Staff is presenting the Intergovernmental Agreement and Resolution No. 12-41 for ratification. 4 Consideration of approval of contract with H2 Group for the renovations to the Apache Junction Police Department in an amount not to exceed$38,654.00. Council was updated on the progress towards the renovations at the Apache Junction Police Department. This item will authorize the city to enter into a professional services agreement with H2 Group for project management of those renovations. 5. Consideration of agreement between the City of Apache Junction and AJ Town Centre Trust for demolition of former R and S Fence building located at 98 E. 2nd Avenue. The R and S Fence building located at 98 E.2nd Ave,is in a dilapidated state and contributes to slum and blight in downtown Apache Junction. The property is under bankruptcy court control. Pursuant to A.R.S.Title 36,the city may take all actions it deems appropriate to reduce slum and blight including removal of dangerous buildings The city has agreed to enter into a demolition agreement with the bankruptcy trustee to remedy the appearance of the property with the goal of increasing surrounding property values. 6. Consideration of Appointment of Deputy City Magistrates and Magistrate Pro Tern. Consideration of the reappointment of Dale E Collier and Rebecca Standage as deputy city magistrates and Walter Switzer as magistrate pro tern for two year ter 'nding January 15, 2015. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards, presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time None F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance,time and location. G CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City.There shall however be no discussion at this time except for clarification inquiries. 7. MANAGER'S REPORT. a. PRESENTATION AND DISCUSSION ON PINAL COUNTY ECONOMIC DEVELOPMENT EFFORTS BY PINAL COUNTY ECONOMIC DEVELOPMENT MANAGER TIM KANAVEL. Presentation and discussion on the current foundation and focus areas of Pinal County's economic development efforts. Mr. Kanavel will share information regarding the targeted industries identified for the county, available resources (Business Assistance Program, etc.), strengths of the various areas of the county and specifically the northern area of Pinal County, and other information related to enhancing economic development opportunities throughout the county H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak.All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council. 9. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON JANUARY 12, 2013 AT 3301 SOUTH GOLDFIELD ROAD. This for the Disco Fever event fundraiser on January 12, 2013 at Dolce Vita. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None. J. NEW BUSINESS. The Council shall consider any business not yet considered.No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. 10 CONSIDERATION OF AGREEMENT WITH ARIZONA REPUBLIC FOR LEGAL ADVERTISING FOR 2013. State law prohibits use of the local weekly papers because they do not meet the statutory definition of"newspaper". The agreement with the Arizona Republic will allow the city to meet statutory requirements. K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None. L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 11. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY,JANUARY 14,2013. 12. EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY,JANUARY 15, 2013. OTHER MEETINGS IF NECESSARY. M CALL TO PUBLIC. oggli• AM h. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may, at the conclusion 1)respond to criticism by a speaker,2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address.There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7 OOa—6 OOp,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time. CITY COUNCIL REGULAR MEETING DECEMBER 4, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 4, 2012, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/City Engineer Giao Pham Others Present : Corporal Chris Sabo REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 1 OF 11 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO ASSIGN ALL RIGHTS AND OBLIGATIONS OF THE AGREEMENT BETWEEN BURKE' S TOWING AND THE CITY OF APACHE JUNCTION, DATED APRIL 2, 2012, FOR TOWING AND VEHICLE STORAGE SERVICES, TO THE NEW OWNERS OF BURKE' S TOWING; AND THAT WE ACCEPT THE GRANT AGREEMENT IN THE AMOUNT OF $30, 000 AWARDED TO THE CITY BY THE ARIZONA PEACE OFFICERS STANDARDS AND TRAINING BOARD FROM THEIR PEACE OFFICERS TRAINING FUND, TO BE USED IN CONJUNCTION WITH NOT TO EXCEED $10, 000 IN CITY FUNDS FOR ENHANCEMENTS TO THE POLICE TRAINING RANGE; AND THAT WE ACCEPT THE LETTER OF PROPOSAL SUBMITTED BY SKY ENGINEERING DATED OCTOBER 17, 2012 UNDER TCPN CONTRACT #R5153; AND THAT APPROVAL BE GIVEN TO PURCHASE A 2013 FORD EXPLORER FOR THE POLICE DEPARTMENT CRIME INVESTIGATIONS DIVISION FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT #ADSPO 12-016662 IN THE TOTAL AMOUNT OF $36, 653 . 34, INCLUDING ACCESSORIES; AND THAT APPROVAL BE GIVEN FOR AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT/JOINT POWERS AGREEMENT #11-089 BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR SAFETY MEDIAN IMPROVEMENTS ON IDAHO ROAD AND OLD WEST HIGHWAY, AMENDING THE TOTAL DESIGN COST FROM THE ORIGINAL $39, 147 . 00 WITH THE CITY' S OBLIGATION AT $2, 231 . 00 TO AN AMENDED TOTAL DESIGN COST OF $125, 604 . 00 WITH THE CITY' S OBLIGATION TO BE $7, 159. 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDED AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 2 OF 11 ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker announced there will be pet pictures with Santa Claus this Saturday, December 8, at the Paws and Claws Care Center on Baseline. Councilmember Wilson commented they had the Festival of the Superstitions and the Christmas activity and Parade of Lights the past few weekends . They were both well-attended. He Allik received a lot of good feedback from the attendees. He added the city has a new logo which he thinks is very nice, and he modeled a shirt he was wearing with logo on it. Councilmember Evans commented the grass will be laid in front of the stage at Earth Heart Park this Friday. They are calling for volunteers on December 15 to assist in laying a labyrinth. CITY MANAGER' S REPORT City Manager George Hoffman commented on the community' s volunteers assisting Lost Dutchman State Park and read a note from parks and recreation regarding that department' s volunteers and the projects they are working on. Vice Mayor Dietz asked if Lost Dutchman State Park is now operating in the black and bringing in some good money for the state. City Manager George Hoffman commented his understanding is a definitive yes. He then introduced Dr. Barbara Barker of the Arizona Regional Medical Center. Dr. Barbara Barker gave a presentation on the programs available at the city' s hospital . Councilmember Serdy asked her to explain the helipad a little and advise them where the doctors come from or if there is one stationed there. Dr. Barbara Barker stated the helipad is stationed on campus . They use it infrequently for life-saving trips . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 3 OF 11 Councilmember Serdy asked if the helicopter is waiting or do they have to wait for one to come in. Dr. Barbara Barker stated the wait is basically five minutes. If there is an emergency coming in by ambulance, they can alert the helicopter. She commented on the obstetrics training the emergency staff has had. She continued with her presentation. Councilmember Wilson complimented the facilities as his brother had a procedure done last week and received excellent care. .. Dr. Barbara Barker continued with her briefing. Mayor Insalaco thanked her and moved on to the next item. Public Safety Director Jerald Monahan commented on the police department bringing back the bike patrol . He requested Corporal Chris Sabo give a briefing on the patrol . Corporal Chris Sabo gave a briefing on the bike patrol . Vice Mayor Dietz commented he is glad to see the bike patrol back again as it is awesome. They can create a relationship with the public and business owners. Councilmember Waldron commented these are two positive reports for the city. It is awesome to hear about the goodness going on. It makes one feel good about it. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY ,,'IN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY SHOW ON JANUARY 19, 2013 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Ms . Cindy Pierson from the Elks Lodge addressed the council. She stated this is the first REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 4 OF 11 time they have done the Paws 4 Life Car Show. It is the fifth annual event for them but the first one for the Elks. She thinks they needed a bigger venue than what they had previously. They can handle quite a few cars. Mayor Insalaco opened the public hearing on the items . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he or called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR JANUARY 19, 2013, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 21, 2013 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR FEBRUARY 21, 2013, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 5 OF 11 Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS ON FEBRUARY 22-24, 2013 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Ron Knies, chairman of the event, addressed the council . He commented he would try to answer any questions . There were no questions . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Dietz MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR FEBRUARY 22-24, 2013, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF 0."\ LIQUOR LICENSES AND CONTROL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous. The motion carried. APPLICATION FOR A RESTAURANT LIQUOR LICENSE FOR LOTUS GARDEN REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 6 OF 11 CHINESE CUISINE ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Rong Zhao, the applicant, addressed the council . He stated they will be opening a Chinese Amok restaurant. Mayor Insalaco asked him what had taken him so long to open as they have been waiting. Mr. Rong Zhao stated they will hopefully be open by the end of the month or the beginning of January. There was a council consensus that the menu is outstanding. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO. , SERIES 12 LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. silk Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 7 OF 11 r. NEW BUSINESS APACHE JUNCTION POLICE DEPARTMENT RENOVATION PROJECT Assistant City Manager Bryant Powell briefed the council on the item. Public Safety Director Jerald Monahan stated they have already gone over the basis for the renovation. The improvement of the detention area to allow victim access with the judge when initial appearances are taking place is the biggest area. The upgraded emergency center will be in a more secure location. There will be a more professional briefing area and a way to package evidence more professionally. There will also be technological improvements. Assistant City Manager Bryant Powell stated about 500 of the financing for the project, because of the changes in technology, is attributed to police impact fee revenue. Another portion comes from the RICO fund and another $140, 000 is from the court funds . As part of the project another $107, 000 for facility maintenance is coming from the general fund. Mayor Insalaco asked if all the improvements would be downstairs. Assistant City Manager Bryant Powell stated it is all downstairs. Mayor Insalaco commented the carpet upstairs is getting really bad. He asked when that would r� be taken care of. Assistant City Manager Bryant Powell stated this is going to cross two fiscal years . One of the ideas is to bring the project manager on board when they have the next council meeting. The project manager would then work with staff on items like that. Public Safety Director Jerald Monahan stated Shane Kiesow had advised him that the carpet is REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 8 OF 11 on their radar. It should be addressed in the not too distant future. Vice Mayor Dietz asked if they will be expanding the second floor of the building at all in the foreseeable future or are they waiting for some big bucks to do it . Public Safety Director Jerald r•. Monahan stated they are always looking at the operation and looking ahead for three to five years . There will be opportunities for improving the second floor operation, especially in the area of criminal investigations . They have a need to upgrade the forensics unit and the interview rooms with the latest technology. They will look at a combination of requests in the budget, additional RICO monies that may come to them and other grant sources . Our department is active enough where he believes they would be competitive for certain grants . They can show that they can use those monies wisely, responsibly and have an impact on criminal activity. Vice Mayor Dietz commented the history with the grant monies has been phenomenal. Public Safety Director Jerald Monahan stated those are things that will certainly be monitored in the future. They are always looking at how they can improve. Mayor Insalaco closed the item and moved on to the next item. This was a discussion item only with no action to be taken at this time. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, DECEMBER 17, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 9 OF 11 THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, DECEMBER 18, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 58 p.m. Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of November 6, 2012 . 3. Consideration of approval of Burke' s Towing Agreement . 4 . Acceptance of award of grant by the Arizona Peace Officers Standards and Training Board in the amount of $30, 000 . 00 for Range Enhancements. 5. Consideration on the purchase and award of a fleet vehicle for the Police Department through State Contract #ADSPO 12- At••i 016662. 6. Consideration and approval of amendment to the Intergovernmental Agreement/Joint Powers Agreement #11-089 with the Arizona Department of Transportation (ADOT) for Safety Median Improvements on Idaho Road and Old West Hwy. ACCEPTED THIS 18TH DAY OF DECEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF DECEMBER, 2012 . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 10 OF 11 A JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY A•. City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 4th day of December, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 6th day of December, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 2012 PAGE 11 OF 11 go/.CH ^ City of Apache Junction U Home of the Superstition Mountains ',p1Z0Nr Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: December 18, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: Consideration of proposed Resolution No. 12-41, authorizing the City of Apache Junction to enter into an Arizona Safe Routes to School Program Cycle 6 Intergovernmental Agreement. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: After three years of successful submittal, award, and completion of grants under the Safe Routes to School program, the city resubmitted for a fourth year The program provides enforcement and education services through the city's Parks and Recreation Department. In August 2012, the city was notified of an award in the amount of$37,537.50 for the AJ Safe and Fit program On October 29, 2012 the city received the agreement Arizona Department of Transportation (ADOT) requires that the signed agreement be accompanied by a resolution. Due to time constraints held by ADOT, the city was able to place the resolution on the agenda in December. ADOT authorized the city to return the signed agreement prior to having the resolution signed in order to expedite the process. Staff is presenting the Intergovernmental Agreement and Resolution No. 12-41 for ratification. FISCAL IMPACT: Budgetary Approval Not Required uPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION: Staff respectfully recommends that Council approve the Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No. 12-41, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 6 Non-Infrastructure Program. ATTACHMENTS: Click to download L] Staff Report L] Resolution No. 12-41 L3 ADOT IGA c8 ACHE,/' `'r 2 City of Apache Junction Development Services Department MEMORANDUM .. DATE: December 5, 2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Consideration of proposed Resolution No. 12-41, authorizing the City of Apache Junction to enter into an Arizona Safe Routes to School Program Cycle 6 Intergovernmental Agreement REQUEST Staff respectfully requests that the City Council approve an Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation ("ADOT") and Resolution No. 12-41; authorizing the City to enter into an Intergovernmental Agreement(s) for funding under the Safe Routes to School Cycle 6 Non-infrastructure Program. BACKGROUND In 2008, 2009, and 2010, the City of Apache Junction submitted and was awarded grants under the Safe Routes to School Program Cycles 3, 4 and 5 for a program called AJ Safe and Fit. The program provided enforcement and education services through the City's Parks and Recreation Department for Superstition Mountain Elementary School ("SMES"), Four Peaks Elementary School ("FPES")and Desert Shadows Middle School now Cactus Canyon Junior High ("CCJH"). The program is a success, so an additional grant was successfully submitted in 2011 for a fourth year to provide additional educational programs through the City's Parks and Recreation Department. The Intergovernmental Agreement and Resolution No 12-41 authorizes the City to enter into the agreement and complete the project as identified in the grant application. DISCUSSION In August 2012, the City was notified of an award in the amount of$37,537 50 for the AJ Safe and Fit program. On October 29, 2012 the City received the agreement. ADOT requires that the signed agreement be accompanied by a resolution Due to time constraints held by ADOT,the City was able to place the resolution on the agenda in December. ADOT authorized the City to return the signed agreement prior to having the resolution signed in order to expedite the process After review from the City Attorney, staff provided the agreement for the Mayor's signature. The Mayor signed the agreement in November 2012 Staff presented the Intergovernmental Agreement and Resolution No. 12-41 for discussion on December 17, 2012. RECOMMENDATION Staff respectfully recommends that Council approve the Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No. 12-41, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 6 Non-Infrastructure Program. ACTION REQUIRED Council approval of the Resolution and Agreement Attachment 1 Resolution No 12-41 Attachment 2• Intergovernmental Agreement 12-099I 111.11, RESOLUTION NO. 12-41 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL NON-INFRASTRUCTURE GRANT. WHEREAS, the City of Apache Junction, Arizona ("City") , and ,a the Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") allowing City to accept and complete a Safe Routes to School Cycle 6 grant which includes providing educational events and activities at local elementary and middle schools and providing police enforcement; and WHEREAS, the parties have crafted a written agreement, ADOT Project No. : M508301X which sets forth the conditions for such arrangement; and WHEREAS, pursuant to A.R.S . § 11-952 (A) et seq. , public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council approve the Safe Route to Schools Grant Intergovernmental Agreement and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Management staff is authorized to carry out the goals and objectives of the grant, to include fulfilling all administrative and programmatic requirements . RESOLUTION NO. 12-41 PAGE 1 OF 2 Aar it PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012, and SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO. 12-41 PAGE 2 OF 2 ADOT File No • IGA/JPA 12-0991 AG Contract No.. P0012012002501 Project Safe Routes To School Section Apache Junction Federal Project No.: 999-M(068)Z ADOT Project No.: M508301X TIP/STIP No.. FY 11-14 STIP Page 20 Budget Source Item No.: 79413 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2012, pursuant to the Arizona Revised Statutes § 11-951 through § 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the"State" or"ADOT") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as "Parties " I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2. The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 The Safe Routes to School Program (SRTS) was created by the U S Congress as part of a federal transportation bill called SAFETEA-LU This is a one-school-year non-infrastructure project in which the recipient has eighteen (18) to twenty-four (24) months to expend the funds, unless otherwise specified -- 4 The City as a recipient of this SRTS grant must comply with Arizona State Procurement Code for the purchase of materials and/or services 5. The purpose of this Agreement between the State and the City is to allow the State to acquire Federal funds for the implementation of various educational safety programs, hereinafter referred to as the 'Project' The Project will consist of creating user friendly Safe Route maps for four schools within the city limits, purchase mobile speed feedback sign, and hire, on an infrequent basis an off duty police officer to enforce school area traffic laws and reward students for proper bicycle pedestrian behaviors.. The Project has been submitted to the State and Federal Highway Administration (FHWA) for their approval Page 2 IGA/JPA 12-0991 THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State will a Upon execution of this Agreement, be the designated agent for the City, if such project is approved by FHWA and project funds are available. b Review and approve the SRTS application submitted by the City. Verify the City demonstrates the ability to meet the SRTS requirements and provide an environmental review c Within thirty (30) days of receipt of a Progress Payment Report (Exhibit A), reimburse the City for eligible costs incurred not to exceed $37,537.50 Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement d. Will continuously evaluate the City's program based on the regular submittal of evaluation data and the number of participating students Should either of these not be met, the State SRTS Project Coordinator maintains the right to discontinue the award 2. The City will. a Upon execution of this Agreement, designate the State as the authorized agent for the City, if such project is approved by FHWA and project funds are available. b Upon receipt of the State's environmental review and the official SRTS Notice to Proceed, begin SRTS Program and activities. c On a monthly or quarterly basis, complete and submit a Progress Payment Report (Exhibit A), and all documentation necessary for reimbursement of eligible costs incurred not to exceed $37,537.50 Any costs incurred prior to the date of the official SRTS Notice to Proceed will not be eligible for reimbursement d Communicate regularly with the State Safe Routes to School Program coordinator e During the first and last quarter of the school year, conduct surveys of participating classes by using the Student Arrival and Departure Tally (SADT) Sheet (see www.azdot.gov/srts), and enter data into the National Center for Safe Routes To School (NCSRTS) on-line data collection tool at www.saferoutesdata.org. f Submit to State SRTS Program coordinator the cover/front page of your NCSRTS output as verification of your surveys and the page entitled "Evaluation -- Semi-Annual Data" as documentation for reimbursements to be processed Page 3 IGA/JPA 12-0991 g On a semi-annual basis, and along with reimbursement request and data verification, submit a report, not be more than one page in length, of your program's progress. h. Use the funds in a timely manner The State SRTS has the right to discontinue reimbursements if sufficient progress has not been made. i Should the City fail to provide the submittal of evaluation data and the number of participating students on a regular basis, the State SRTS maintains the right to discontinue the award j At Project completion before the final reimbursement request is submitted, complete and submit the Project Close-Out Evaluation Form III. MISCELLANEOUS PROVISIONS 1 This Agreement shall remain in force and effect for one school year from the date of execution, to also include final reimbursement and submittal of final status reports, provided however, that this Agreement, except any provision herein for maintenance, which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project If the federal funding related to this Project is terminated or reduced by the federal government, or if Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this agreement 2 The parties to this Agreement agree that the State of Arizona shall be indemnified and held harmless by the City for the vicarious liability of the State as a result of entering into this Agreement. Each party to this contract is responsible for its own negligence. 3 The cost of work covered by this Agreement is to be borne by FHWA and the City, each in the proportion prescribed or as fixed and determined by FHWA as stipulated in this Agreement. Therefore, the City agrees to furnish and provide the difference between the total cost of the work provided for in this Agreement and the amount of federal aid received 4. The cost of the project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA) 5 The City and State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable. 6. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 7 This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 8. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement. Page 4 IGA/JPA 12-0991 9 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding "Non-Discrimination". 10 Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 11 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 12 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Heather Patel 205 S 17th Avenue, Mail Drop 637E 300 East Superstition Boulevard Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 (480) 474-2635 (602) 712-3132 Fax (480) 982-7010 Fax Arizona Department of Transportation For Financial Matters: Safe Routes To School Program Coordinator Attn Donna Meinerts Attn Brian Fellows 300 East Superstition Blvd. 1615 W Jackson St EM10 Apache Junction, Arizona 85119 Phoenix, AZ 85007 (480) 474-5467 (480) 474-5106 13 The Parties shall comply with the applicable requirements of Arizona Revised Statutes §41-4401 14. Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or § 35-393, as applicable. If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement. 15 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 16 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form Page 5 IGA/JPA 12-0991 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Senior Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 12-0991 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona. acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11- 951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2012 City Attorney opACHF�G rCity o_f'Apache Junction 2 Hoare of the Superstition 7t!ountains 4R1zONh Print TO: City Manager's Office FROM: Jerald Monahan, Police Chief DATE: December 18, 2012 genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of approval of contract with H2 Group for the renovations to the Apache Junction Police Department in an amount not to exceed $38,654 00 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Council was updated on the progress towards the renovations at the Apache Junction Police Department. This item will authorize the city to enter into a professional services agreement with H2 Group for project management of those renovations. FISCAL IMPACT: OPTIONS/ALTERNATIVES: :COMMENDATION: ATTACHMENTS: Click to download CI Professional Services Agreement ❑ Cover Memo PROFESSIONAL SERVICES AGREEMENT WITH H2 GROUP, LLC This Agreement is made as of the day of 2012 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and The H2 Group, LLC, an Arizona [corporation/limited liability company], ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "AJPD Headquarters Renovation Project". RECITALS A. City desires to retain a consultant to assist in project management and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $38,654.00, in accordance with the price sheet set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City monthly on a lump sum basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on December 5, 2012 and shall remain in full force and effect until project completion, unless otherwise terminated as set forth herein. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 1 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Attn: Bryant Powell, ACM 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: The H2 Group, LLC Attn: Jeff Cook 17470 N Pacesetter Way Scottsdale, AZ 85255 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. 2 Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, 3 and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, 4 mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to 5 enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon one (1) months' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 6 with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Consultant ensures its subcontractors will obtain any required business tax license. 14. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 7 As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 18. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) 8 to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. The H2 Group, LLC, an Arizona limited liability company By: Jeffrey Cook Its: Principal CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly, City Clerk 9 APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of [Company Name], an Arizona [corporation/limited liability company]. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 10 odMilk EXHIBIT A SCOPE OF WORK BASIC SERVICES FOR THE EXPANSION OF THE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS The Basic Services of Project Management for the AJPD Headquarters expansion project are to assume the duty of identifying and coordinating administrative activities consistent with applicable laws and regulations,and to manage specific aspects of the project,from its conception to its completion within the limitations established by the Owner The Basic Services consist of the five phases described below 2.0 Pre-Design Phase 2 0 1 Review the Project goals and scope and recommend to Owner a procurement method for design and construction Prepare procurement documents as required by applicable statute and/or procurement regulations Solicit proposals from and assist Owner in selecting, negotiating, and contracting required professional services 2 0 2 Confer with Owner and develop a Project budget document. Project Manager will identify categories of cost including construction cost,consultant fees, building permits, material testing,furnishings,fixtures,equipment,contingencies, escalation and other reserves 2 0 3 Develop a Project Schedule detailing in narrative and graphic form the preconstruction and construction phase tasks, indicating milestones, realistic activity durations, and incorporating Owner's occupancy requirements. 2 1 Design Phase 2.1.1 Schedule and conduct regular meetings with the Architect,and Owner, during the programming,schematic design,design development,and construction document phases of the project Provide recommendations on construction feasibility,availability of materials and labor,time requirements for installation and construction factors related to cost including costs of alternative designs or materials,preliminary budgets, and possible economies 2 1 2 Maintain the Project Schedule so that the Architect's efforts and Owner's activities are coordinated and integrated with preconstruction activities 2.1.3 Review Architect's cost estimate at the end of the schematic design,design development, and construction document phases Prepare comments and recommendations based on estimate review 2 14 Review standards for equipment and materials developed by the Architect Recommend for purchase by Owner long-lead items to ensure their delivery by the required dates. 2 1 5 Develop procedures and assure their incorporation into the contract documents that address the safe, uninterrupted,and continuous occupancy of the AJPD Headquarters throughout construction 2 1 6 Develop and implement a procedure for the review,approval, processing and payment of invoices by the Architect for progress and final payments. 2 1 7 Attend and participate in community and council meetings regarding the Project 2 2 Permit/Bidding Phase 2 2 1 Assist Owner and Architect in obtaining building permits and special permits relating to construction of permanent improvements,excluding any permits required to be obtained by the Contractor,such as permits for inspection,temporary facilities, etc Assist in obtaining approvals from all the authorities having jurisdiction 2.2.2 Assist Owner in receipt of bids, prepare a bid analysis and make recommendations to Owner,with the Architect,for award of bid or rejection of bids. All bids will be evaluated for completeness,full responsiveness and price 2 3 Construction Phase 2 3 1 Establish and implement procedures for coordination within the Construction Team with respect to all aspects of the Project to complete the Project in accordance with Owner's objectives for cost,time and quality. 2 3 2 Conduct progress meetings at which the Construction Team can discuss jointly such matters as procedures, progress, problems and scheduling. 2 3 3 Monitor the Project Schedule as construction progresses. Identify potential variances between scheduled and probable completion dates Review schedule for Work not started or incomplete and recommend to Owner and Contractor adjustments in the schedule to meet the probable completion date. Coordinate recovery schedule requirements with contractor on behalf of Owner. 2 3 4 Assess the adequacy of the Contractors' personnel and equipment and the availability of materials and supplies to meet the schedule Recommend courses of action to Owner when requirements of a Contract are not being met, or when it reasonably appears that the requirements of a Contract may not be met 2 3 5 Develop and implement a system for the preparation, review and processing of Change Orders(or Allowance/Contingency Use Authorizations), recommend necessary or desirable changes to Owner and the Architect, review requests for changes,submit recommendations to Owner and the Architect, and assist in negotiating Change Orders 2.3.6 Develop and implement a procedure for the review,approval, processing and payment of pay applications by Contractor for progress and final payments 2 3 7 Assist Owner in selecting and retaining professional services of a testing laboratory or special consultants, and coordinate these services 2 3 8 Provide regular on-site observation of the Work of Contractors without assuming any of the Architect's or Contractor's legal responsibilities for design and inspection In making such observations, Project Manager will not be required to make exhaustive or continuous inspections to check quality of work,safety precautions in connection with the Project The performance of such services by Project Manager will not relieve the Contactors of their responsibilities for performance of the work and for the safety of persons and property, and for compliance with all federal,state and local statutes, rules, regulations and orders applicable to the conduct of the Work 2.3 9 Direct all questions for interpretation of the documents prepared by the Architect to the Architect and coordinate timely responses 2.3.10 In collaboration with the Architect,establish and implement procedures for expediting the processing and approval of shop drawings and samples 2 3 11 Monitor the Contractor's development of record drawings during construction and arrange for their delivery to Owner at the completion of construction 2 3 12 In collaboration with Owner's maintenance personnel,direct the checkout of utilities, operations systems and equipment for readiness and witness their initial start-up and testing by the Contractor Ensure that Owner's maintenance personnel receive training by the Contractor in the operation of all systems. 2.3.13 Monitor the Contractor's collection and deliver to Owner all specific written manuals, procedures,warranties or guarantees given by others, including all required Contractor guarantees and warranties, subsequent to their review and acceptance by the Architect. 2 3 14 Recommend a procurement strategy for furniture,fixtures, and equipment. Coordinate their procurement,delivery, and installation 2 4 Post Construction Phase 2.4.1 Schedule and coordinate pre-warranty expiration inspection and assist if needed in having warranty corrections performed by Contractors 2.5 Additional Services If requested by Owner, Project Manager will provide the following additional services upon written agreement between Owner and Project Manager, defining the extent of such additional services and the amount and manner in which Project Manager will be compensated for such additional services Compensation for any additional services will be based upon such Mohave Educational Services rates as are applicable to Project Manager's services at the time additional services are authorized. 2 5.1 Investigating,analyzing, or negotiating claims or disputes related to design or construction when such claims or disputes cannot be resolved by discussion and negotiation within the Construction Team. 2 5 2 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding 2.5.3 Consulting on replacement of work damaged by fire or other cause during construction, and furnishing services for the replacement of such work 2.5.4 Services made necessary by the default of a Contractor 2.5.5 Inspections of and services related to the Project after the termination of the Agreement. 2 5 6 Providing any other service not described in this Agreement,or other service not reasonably inferable from this Agreement as part of Basic Services City of Apache Junction Police Department Renovation Project - Preliminary Cost Analysis Ground Floor Renovation Scope Statement: The identified first floor renovation will provide an appropriate setting for the Judge to conduct initial appearance hearings and a state of the art briefing room. The area to be renovated is in the southeast corner of the first floor and includes the current squad room, all adjacent offices, deficiencies in detention storage and restraining, and possibly the evidence areas (up to 2,275 square feet). The budget recommendation assumes a dry renovation (no plumbing). Additional renovation needs identified in the Public Works capital plan and budgeted for in FY13 shall be incorporated to gain modest economies of scale and efficiency. The Public Works projects and associated budgets are as follows and have been incorporated into the budget below: - $70,000 for PD parapet and window repair -$36,000 for re-carpeting -$1,000 for re-painting -$2,000 for "building" UPS by-pass switch Preliminary Construction Cost Projection $ 393,300 Construction 2,275sf @ $110/sf $ 250,250 PW Scope $ 93,000 Contingency 20% $ 50,050 Preliminary Design/FF&E Cost Projection $ 213,575 A/E 18% $ 70,794 PM 6% $ 38,710 FF&E $25/sf $ 56,875 Special Systems $ 77,000 Contingency 12% $ 47,196 Total $ 606,875 Budget Recommendation $ 607,000 September 12, 2012 'l'mEHZ GROUP.Lrc EXHIBIT B FEE SCHEDULE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS RENOVATION PM/CM Project Management Hour Schedule 2612 HNrs 21113 Henn ,STAFF Title 0 N D J F M A M J J A S 0 N D HOURS RATE FEE Jeff Cook Contract Manager-Municipal 6 2 2 2 2 2 2 2 2 2 2 26 $123 25 $ 3,205 Ray DelZotto Senior Project Manager 30 30 30 30 30 30 40 30 30 40 8 328 $106.40 $ 34,899 0 $ - Total Neon 0 0 36 32 32 32 32 32 42 32 32 42 10 0 0 354 $38,104 Expenses Mileage/Communications 50 50 50 50 50 50 50 50 50 50 50 550 $ 550 — 0 $ - MwtMy Invoice $- $- $3,982 $3,489 $3,489 $3,489 $3,489 $3,489 $4,553 $3,489 $3,489 $4,553 $1,148 $- 5- Total Fee $38,654 AJPD Renovation p Prepaarere 2 Pred by H2 Group October 8, 2012 Mr. Bryant Powell,Assistant City Manager 2 Chief Monahan, Chief of Police City of Apache Junction THE H2 GROUP,LLC 300 E Superstition Blvd 17470 North Pacesetter Way Apache Junction,Arizona 85119 Scottsdale,Arizona 85255 Re Project Management Services Proposal—Apache Junction Police Department Renovation Dear Mr Powell and Chief Monahan, Thank you for the opportunity to submit a project management proposal for your proposed Police Headquarters renovation project of approximately 2,275 square feet H2 GROUP is a company that specializes in providing owner representation project management services for Public Owners from initial planning through project completion and move-in Further,H2 GROUP is honored to present our qualifications and proposal to provide the professional project management services required for your renovation project H2 GROUP is a recognized expert in assisting Public Owners in successfully planning, designing, and constructing capital improvements within the regulations established for this process.The H2 GROUP staff proposed for your project includes the following individuals • Contract Manager- Municipal Jeff Cook • Senior Project Manager Ray DelZotto H2 Group is pleased to present Jeff Cook as Contract Manager for your project and Ray DelZotto as your project manager Ray has had the privilege of serving the City of Apache Junction in the same capacity for the following capital improvements • City Hall • Multi-Generational Center • The Library Expansion • Rodeo Grounds Improvements H2 GROUP'S proposal is for full scope project management services as detailed in the attached PM Scope of Services Our proposed total lump sum project fee includes all fixed project expenses, and other services specifically listed in the scope of services section of the proposal The total proposed lump sum fee for the project is $38,654 as detailed in attached project management hour schedule. The proposed fee assumes completion of the project by October 2013 Our attached fee schedule is based on our Mohave approved hourly rates. Our Mohave contract number is 08G-H2G-1208 If our proposal is accepted please issue a purchase order to Mohave in the amount of the proposal Thank you for the opportunity to serve the City of Apache Junction Sincerely, Ray DelZotto,H2 Group Senior Project Manager Attachments: PM Scope of Services .o. Apache junction Police Department Renovation Project Management Scope of Services BASIC SERVICES FOR THE RENOVATION OF THE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS The Basic Services of Project Management for the AJPD Headquarters renovation project are to assume the duty of identifying and coordinating administrative activities consistent with applicable laws and regulations,and to manage specific aspects of the project,from its conception to its completion within the limitations established by the Owner The Basic Services consist of the five phases described below. 2 0 Pre-Design Phase 2 0 1 Review the Project goals and scope and recommend to Owner a procurement method for design and construction. Prepare procurement documents as required by applicable statute and/or procurement regulations. Solicit proposals from and assist Owner in selecting, negotiating,and contracting required professional services 2.0.2 Confer with Owner and develop a Project budget document Project Manager will identify categories of cost including construction cost,consultant fees, building permits, material testing,furnishings,fixtures, equipment,contingencies,escalation and other reserves. 2.0.3 Develop a Project Schedule detailing in narrative and graphic form the preconstruction and construction phase tasks; indicating milestones, realistic activity durations, and incorporating Owner's occupancy requirements 2 1 Design Phase 2 1 1 Schedule and conduct regular meetings with the Architect, and Owner,during the programming,schematic design,design development,and construction document phases of the project Provide recommendations on construction feasibility,availability of materials and labor,time requirements for installation and construction factors related to cost including costs of alternative designs or materials, preliminary budgets, and possible economies. 2 1 2 Maintain the Project Schedule so that the Architect's efforts and Owner's activities are coordinated and integrated with preconstruction activities 2.1.3 Review Architect's cost estimate at the end of the schematic design,design development,and construction document phases Prepare comments and recommendations based on estimate review. 2 1 4 Review standards for equipment and materials developed by the Architect. Recommend for purchase by Owner long-lead items to ensure their delivery by the required dates. 2.1.5 Develop procedures and assure their incorporation into the contract documents that address the safe,uninterrupted, and continuous occupancy of the AJPD Headquarters throughout construction. 2.1.6 Develop and implement a procedure for the review,approval, processing and payment of invoices by the Architect for progress and final payments. 2.1.7 Attend and participate in community and council meetings regarding the Project. September 10,2012 1 Apache Junction Police Department Renovation Project Management Scope of Services 2.2 Permit/Bidding Phase 2.2.1 Assist Owner and Architect in obtaining building permits and special permits relating to construction of permanent improvements,excluding any permits required to be obtained by the Contractor,such as permits for inspection,temporary facilities,etc. Assist in obtaining approvals from all the authorities having jurisdiction 2.2.2 Assist Owner in receipt of bids,prepare a bid analysis and make recommendations to Owner,with the Architect,for award of bid or rejection of bids. All bids will be evaluated for completeness,full responsiveness and price. 2 3 Construction Phase 2.3.1 Establish and implement procedures for coordination within the Construction Team with respect to all aspects of the Project to complete the Project in accordance with Owner's objectives for cost,time and quality 2 3 2 Conduct progress meetings at which the Construction Team can discuss jointly such matters as procedures, progress,problems and scheduling. 2.3.3 Monitor the Project Schedule as construction progresses. Identify potential variances between scheduled and probable completion dates. Review schedule for Work not started or incomplete and recommend to Owner and Contractor adjustments in the schedule to meet the probable completion date. Coordinate recovery schedule requirements with contractor on behalf of Owner. 2.3.4 Assess the adequacy of the Contractors'personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to Owner when requirements of a Contract are not being met, or when it reasonably appears that the requirements of a Contract may not be met. 2.3.5 Develop and implement a system for the preparation, review and processing of Change Orders(or Allowance/Contingency Use Authorizations), recommend necessary or desirable changes to Owner and the Architect, review requests for changes,submit recommendations to Owner and the Architect, and assist in negotiating Change Orders. 2.3.6 Develop and implement a procedure for the review,approval,processing and payment of pay applications by Contractor for progress and final payments. 2.3.7 Assist Owner in selecting and retaining professional services of a testing laboratory or special consultants,and coordinate these services. 2.3.8 Provide regular on-site observation of the Work of Contractors without assuming any of the Architect's or Contractor's legal responsibilities for design and inspection. In making such observations, Project Manager will not be required to make exhaustive or continuous inspections to check quality of work,safety precautions in connection with the Project. The performance of such services by Project Manager will not relieve the Contactors of their responsibilities for performance of the work and for the safety of persons and property,and for compliance with all federal,state and local statutes,rules, regulations and orders applicable to the conduct of the Work. 2 3 9 Direct all questions for interpretation of the documents prepared by the Architect to the Architect and coordinate timely responses. September 10,2012 2 Apache Junction Police Department Renovation Project Management Scope of Services 2 3 10 In collaboration with the Architect, establish and implement procedures for expediting the processing and approval of shop drawings and samples 2.3.11 Monitor the Contractor's development of record drawings during construction and arrange for their delivery to Owner at the completion of construction 2.3.12 In collaboration with Owner's maintenance personnel, direct the checkout of utilities, operations systems and equipment for readiness and witness their initial start-up and testing by the Contractor. Ensure that Owner's maintenance personnel receive training by the Contractor in the operation of all systems 2 3 13 Monitor the Contractor's collection and deliver to Owner all specific written manuals, procedures,warranties or guarantees given by others, including all required Contractor guarantees and warranties, subsequent to their review and acceptance by the Architect. 2.3.14 Recommend a procurement strategy for furniture,fixtures,and equipment. Coordinate their procurement, delivery,and installation. 2 4 Post Construction Phase 2 4 1 Schedule and coordinate pre-warranty expiration inspection and assist if needed in having warranty corrections performed by Contractors. 2 5 Additional Services If requested by Owner, Project Manager will provide the following additional services upon written agreement between Owner and Project Manager,defining the extent of such additional services and the amount and manner in which Project Manager will be compensated for such additional services. Compensation for any additional services will be based upon such Mohave Educational Services rates as are applicable to Project Manager's services at the time additional services are authorized 2.5.1 Investigating, analyzing, or negotiating claims or disputes related to design or construction when such claims or disputes cannot be resolved by discussion and negotiation within the Construction Team. 2 5.2 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding. 2.5.3 Consulting on replacement of work damaged by fire or other cause during construction, and furnishing services for the replacement of such work. 2.5.4 Services made necessary by the default of a Contractor. 2.5.5 Inspections of and services related to the Project after the termination of the Agreement. 2 5 6 Providing any other service not described in this Agreement; or other service not reasonably inferable from this Agreement as part of Basic Services. September 10,2012 3 ____ tyr.CH ✓+ • _. G �- City of Apache junction ° Home of the Super:c/itron Mountains Print TO: City Manager's Office FROM: Bryant Powell, Asst. City Manager DATE: December 18, 2012 ..genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: Consideration of agreement between the City of Apache Junction and AJ Town Centre Trust for demolition of former R and S Fence building located at 98 E 2nd Avenue. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The R and S Fence building located at 98 E. 2nd Ave., is in a dilapidated state and contributes to slum and blight in downtown Apache Junction. The property is under bankruptcy court control. Pursuant to A.R.S. Title 36,the city may take all actions it deems appropriate to reduce slum and blight including removal of dangerous buildings The city has agreed to enter into a demolition agreement with the bankruptcy trustee to remedy the appearance of the property with the goal of increasing surrounding property values. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download O Cover Memo O Agreement U Aerial View of R&S Building PQ ACNF 10 is z City of Apache Junction Home of the Superstition Mountains 4RIZONP DATE DECEMBER 18, 2012 TO: THE HONORABLE MAYOR AND CITY COUNCIL THROUGH GEORGE HOFFMAN,CITY MANAGER FROM• BRYANT POWELL,ASSISTANT CITY MANAGER SUBJECT: R&S FENCE BUILDING LOCATED AT 98 EAST 2ND AVENUE The R&S Fence building located at 98 E. 2nd Ave.,Apache Junction,Arizona, is in a dilapidated state and contributes to slum and blight in downtown Apache Junction The property is under bankruptcy court control. Pursuant to A R S Title 36,the City may take all actions it deems appropriate to reduce slum and blight including removal of dangerous buildings. The City has agreed to enter into a demolition agreement with the Bankruptcy Trustee to remedy the appearance of the property with the goal of increasing surrounding property values. City staff will work on an asbestos abatement Once staff verifies that it is all clear Public Works staff will demolish the building to its foundation. When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 RELEASE, MUTUAL INDEMNIFICATION, AND AUTHORIZATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND AJ TOWN CENTRE LIQUIDATION TRUST FOR DEMOLITION OF FORMER R&S FENCE BUILDING LOCATED AT 98 E. 2ND AVENUE, APACHE JUNCTION, ARIZONA PARCEL NO.. 101-21-052A LEGAL DESCRIPTION: A portion of the Southwest quarter of Section 21, T-1 N, R-8E more particularly described as Lots 52 and 53, APACHE JUNCTION PLAZA, recorded in Book 10 of Maps, Page 41, records of Pinal County Arizona PHYSICAL ADDRESS: 98 E. 2ND AVENUE, APACHE JUNCTION, AZ 85119 2410486 3 RELEASE, MUTUAL INDEMNIFICATION, AND AUTHORIZATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND AJ TOWN CENTRE LIQUIDATION TRUST FOR DEMOLITION OF FORMER R&S FENCE BUILDING LOCATED AT 98 E. 2NO AVENUE, APACHE JUNCTION, ARIZONA This Agreement is entered into as of , 2012, by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter the "City") and AJ TOWN CENTRE LIQUIDATION TRUST, dated October 1, 2012 (hereinafter the "Owner"), both collectively referred to herein as the "Parties". RECITALS A. Owner is the current owner of one or more parcel(s) of land in City's infill incentive and downtown redevelopment areas which purportedly have been the subject of trespassing, vagrancy, and property maintenance calls to City, including the property located at 98 E. 2' Avenue (the "Property"), more fully described and depicted in Exhibits A and B, also commonly known in the community as the former R&S Fence Company building. B. Since approximately 2006, after the R&S Fence Company vacated the Property and it came under the control of AJ Town Centre, LLC, an Arizona limited liability company ("AJ Town Centre"), Owner's predecessor-in-interest, the general condition of the building has deteriorated and become in disrepair. C. On or about May 25, 2010, AJ Town Centre or its agent verbally consented to allow the City's police department ("AJPD") to use the Property (including the structure located thereon) for a SWAT Team exercise, which included the use of explosives. The exercise was intended to allow officers to become accustomed to blast waves, blast pressure and the sight and sound of explosive breaching. Damage to the structure allegedly occurred, but the Parties are not aware of any environmental issues that may have resulted pursuant to said exercise. D. On or about June 2, 2010, AJ Town Centre and one or more affiliated entities filed voluntary petitions for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of Arizona (the "Bankruptcy Court"). ' The Chapter 11 cases are being jointly administered under Case No. 2:10-bk-17310-GBN (the "Chapter 11 Case"). E. In February 2011, the City of Apache Junction Building Official notified AJ Town Centre that the City believed there were serious structural integrity issues associated with the structure on the Property, and advised AJ Town ' AJ Town Centre's bankruptcy case number is 2:10-bk-17314-CGC 2 Centre that it was the City's intent to declare the building a dangerous structure under the 1997 Uniform Code for the Abatement of Dangerous Buildings. F. In July 2011, the Apache Junction Fire District informed City officials it classified the Property as a "hazard". G. Wells Fargo Bank, NA ("Lender") has a secured interest in the Property and, pursuant to such interest, secured the appointment of Robert Burnand of Colliers International to act as receiver ("Receiver") to administer the Property in Pinal County Superior Court, CV2010-02057. H. On or about September 20, 2011, Lender filed in the Chapter 11 Case its Joint Plan for Debtors Dated as of September 20, 2011 (the "Plan"), as modified and amended from time to time. The Bankruptcy Court entered its Order confirming the Plan on September 28, 2012 (the "Confirmation Order"). The Receiver has been approved and authorized to act by the Bankruptcy Court. I. On or about October 1, 2012, Receiver, as trustee, Lender, as beneficiary, and AJ Town Centre (amongst other debtors), as debtors, executed a trust agreement (the "Trust Agreement") for the creation of the Owner trust, which is a liquidation trust intended to receive, hold, manage, invest and/or liquidate certain assets of the debtors in the Chapter 11 case (the "Trust Assets") consistent with the Plan and the Confirmation Order. J. Pursuant to the Trust Agreement, the Property was conveyed to the Trust and is now one of the Trust Assets subject to management and/or liquidation pursuant to and in accordance with the Trust Agreement, Plan and Confirmation Order. K. City and Owner have determined it is in the best interests of the Parties to demolish and remove the structure and debris that now exist on the Property. The City Council finds, by approval of this Agreement, that removal and clean up of the Property is an important public purpose. L. The City Council further finds entering into this Agreement will enhance the development potential of the Property, as well as adjacent properties, and such improvements would allow for elimination of blight and would reduce City's code enforcement and police contacts and heighten the community's general welfare and safety. The value to the City of the permitted AJPD use of the Property (and the releases and indemnities provided for in this Agreement) and the cost of the alleged damage to the structure caused by the City, is not grossly disproportionate to the value to the Owner of the City's undertakings under this Agreement AGREEMENT 3 NOW THEREFORE, in consideration of the foregoing recitals, the terms, covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Accuracy of the Recitals. The Parties hereby acknowledge the accuracy of the Recitals set forth above, which are incorporated herein by this reference and the Exhibits to this Agreement are further incorporated herein by reference. 2. Term: This Agreement shall commence on the date it is approved and duly executed by all of the Parties (the "Effective Date") and shall, except as otherwise provided herein, continue until all obligations of the City have been fully performed by the City and approved by Owner. 3. Owner's Obligations: Owner agrees. a) To authorize City and its officers and agents to enter onto the Property to demolish and remove any structures located thereon, inclusive of any fencing or other security devices. b) That no salvage may be requested nor will any be initiated, upon commencement of demolition and removal. c) That it will not initiate or cause to be initiated against City, or any of its current, past, or future agents, servants, employees, elected officials, appointed representatives, attorneys, fiduciaries, subsidiaries, divisions, successors, assigns, or any person or entity acting by, through, under or in concert in both their personal and corporate capacities, any claim, lawsuit, action, appeal, investigation, or proceeding of any kind pertaining to the City's use of the Property, including but not limited to City's May 25, 2010 SWAT Team exercise. d) Except as otherwise provided herein, to forever waive and release the City, its Mayor and Council, appointed boards and commissions, officials, employees and agents, individually and in their governmental capacity for, from and against any and all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney fees, defense costs or other actions of any kind and nature resulting from the Demolition Activities (as defined below) and from the City's prior use and/or operations on the Property prior to the date of this Agreement including but not limited to City's May 25, 2010 SWAT Team exercise. 4. City's Obligations: City agrees: a) Within a reasonable time prior to February 28, 2013, to (i) properly demolish, clear and remove any buildings or structures now situated on 4 the Property including, but not limited to, any slab foundation related thereto and any fixtures, equipment, pipes, other materials and debris on the Property, (ii) demolish, remove and clear any fencing that now exists on or around the Property; and (iii) properly disconnect, cut off, cap and mark any plumbing or electrical stubs or similar utility improvements on the Property (collectively, the "Demolition Activities"), all at the City's cost and expense. b) To comply with any and all applicable federal and state laws which might in any way relate to such demolition activities on the Property including, but not limited to, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean as amended and in effect from time to time, any federal, state or local statute, ordinance, rule, regulation, standard, restriction, judicial decision, or the judgment or decree of a governmental authority with jurisdiction over the Owner and/or the Property, pertaining to the health, welfare, industrial hygiene, occupational safety or the environment including, but not limited to any laws, statutes, rules, regulations and/or ordinances in any way concerning or governing the presence or handling of any Hazardous Substances on or around the Property. For purposes of this Agreement, the term "Hazardous Substances" shall mean (a) those substances included within any of the definitions of "hazardous substances," "hazardous materials," "toxic substances," or "solid waste" in CERCLA, RCRA, or the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., and in the regulations promulgated pursuant thereto; (b) those substances listed in the United States Department of Transportation Hazardous Materials Table at 49 CFR 172.101 and amendments thereto, or by the U.S. Environmental Protection Agency as hazardous substances in 40 CFR Part 302 and amendments thereto; and (c) all other substances, materials and wastes that are, or that become, regulated under, or that are classified as hazardous or toxic under, any Environmental Law. c) To defend, indemnify and hold harmless Owner for, from and against any and all direct and indirect, known and unknown, obligations, actions, liabilities, judgments, claims, demands, losses, damages and costs, including costs of defense, expenses and fees (including reasonable attorneys' fees and costs) arising from or relating to any claims, actions, demands,judgments and/or orders asserted by any third- parties including, but not limited to, (i) any individuals or agents performing work on behalf of the City, or in any way involved with the City's completion of the Demolition Activities on the Property, and/or (ii) any federal or state governing authorities with jurisdiction over the Property and/or Owner, whether arising directly or indirectly from, or in any way related to or otherwise concerning the City's Demolition Activities on the Property. The provisions of this Section shall survive the completion of such activities and shall continue in full force and effect for 5 a period of five (5) years or the date on which the Owner trust is terminated in accordance with the Plan and Confirmation Order, whichever occurs later. 5. Owner's Representations; Indemnity Obligations: Owner acknowledges that City is expending public funds to demolish the structure located on the Property in reliance of this Agreement and to discharge and release all claims Owner may have against the City in connection with the City's prior use of the Property and/or the structure situated thereon. Owner represents that Owner's representations are true in all material respects as of the date of this Agreement. The transactions contemplated by this Agreement, the execution of this Agreement and Owner's performance hereunder have been duly authorized by all requisite action of Owner or its agents and no other approval or consent is required for this Agreement to be binding upon Owner. As of the date of this Agreement, and other than the Chapter 11 Case pending before the Bankruptcy Court and the Superior Court case in which the Receiver was appointed, Owner knows of no other litigation, proceeding or investigation pending or threatened against or affecting Owner, which could have a material adverse affect on Owner's performance under this Agreement that has not otherwise been disclosed in writing to City. Owner agrees to indemnify, defend and hold harmless the City, its Mayor and Council, appointed boards and commissions, officials, employees and agents, individually and in their governmental capacity for, from and against any and all losses, liability, damages, payments, expenses, costs including reasonable attorneys' fees, defense costs or judgments resulting from any actions, claims, suits or judgments asserted against the City by any third-party alleging, claiming and/or otherwise seeking recovery of alleged losses or damages arising from or related to the City's completion of the Demolition Activities, but only to the extent it is determined that (a) such third-party claimants had an undisclosed interest in the Property as of the date of this Agreement, and (b) Owner did not have the required consent and approval from such third-party claimants to enter into this Agreement with the City. OWNER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE OBLIGATED TO INDEMNIFY THE CITY FOR ANY LOSSES, LIABILITY, DAMAGES, PAYMENTS, EXPENSES, COSTS, ATTORNEYS' FEES, DEFENSE COSTS OR JUDGMENTS RESULTING FROM ANY ACTIONS, CLAIMS, SUITS OR JUDGMENTS ASSERTED AGAINST THE CITY BY ANY THIRD-PARTY OR ANY AGENT OR EMPLOYEE OF THE CITY FOR ANY CLAIMS OR UNDER ANY THEORY THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT OR THE CITY'S PERFORMANCE UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE PLANNING AND PERFORMANCE OF THE DEMOLITION ACTIVITIES. 6. City Representations: City represents and warrants to Owner that (a) the Property is located within the municipal limits of City, (b) the City is a duly organized, validly existing municipal corporation in the State of Arizona, (c) the City has all requisite authority to enter into this Agreement and to perform under 6 the terms. covenants and conditions set forth herein, and (d) the individuals executing this Agreement on behalf of the City have all necessary authority and permission to enter into this Agreement on behalf of the City. 7. Notices and Filings: (a) Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by express or overnight mail or by registered or certified first class United States Mail, postage prepaid, as follows: If to City, to: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119 And to: City Attorney 300 E. Superstition Blvd. Apache Junction, Arizona, 85119 If to Owner, to: AJ Town Centre Liquidation Trust Attn: Robert Burnand 2390 East Camelback Road, Suite 100 Phoenix, Arizona 85016 And to: W. Scott Jenkins, Jr. Ryley Carlock & Applewhite One N. Central Avenue, Suite 1200 Phoenix, Arizona 85004 The Parties may from time to time designate in writing and deliver in a like manner any other such address which they deem necessary without modifying this Agreement. 8. Delivered Status: Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or refusal. 9. General Provisions: (a) Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no wavier by City or Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. (b) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which 7 together shall constitute one and the same instrument The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document. (c) Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (d) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. (e) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. (f) Time of the Essence and Successors/Assignment and Transfer. (i) Time is of the essence in this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties hereof. (ii) Neither party may assign any of its rights or obligations hereunder, except as mutually agreed upon in writing by Owner and City, and subject to the consent and acknowledgement by Lender and Receiver. (g) No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other similar arrangement between Owner and City. Except as provided in the release and indemnity provisions hereof, no term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. (h) Assignments/Transfers. The Parties' rights and obligations under this Agreement shall be non-assignable and non-transferable, without the prior express written consent of the other party, which consent may be given or withheld in reasonable discretion. (i) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the Parties, oral or written, are hereby superseded and merged herein. 8 (j) Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the Parties. (k) Unexcused Delays. Neither City nor Owner, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. Owner agrees that Owner alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. (I) 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 without reference to conflicts of laws principles. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, or to declare the rights of the parties hereunder, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. (m) Severability. City and Owner each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional 9 provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. (n) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the Parties understand and agree that this Agreement is subject to cancellation by City or its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of City, or its departments or agency, is at any time, while the Agreement or any extension or modification thereof, is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. (o) Diminution in Value Waiver. Owner agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Owner, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Owner. Owner, on behalf of it and its successors and assigns, intends to encumber the Property with the following agreements and waivers. Owner agrees and consents to all the conditions imposed by this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Owner may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12-1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Property consistent with this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Owner acknowledges and agrees to the terms and conditions set forth in this Agreement, the zoning, the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Property to equal or exceed the fair market value of the Property in the absence of this Agreement, the zoning the General Plan, applicable laws, and all permits and approvals issued or granted by City in furtherance thereof, and such "land use laws." 10 (p) Bar. Owner understands and acknowledges that the release and covenant not to sue set forth in this Agreement forever bars it from suing or otherwise asserting a claim against City or other released parties on the basis of any event occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim might be based is now known or unknown. Except as expressly provided herein to the contrary, Owner agrees that this Agreement may be pleaded as a complete bar to any action or suit brought against the City with respect to any claim under federal, state, administrative or other law including, but not limited to, any claim relating to removal of the structure from the Property or any other matter referred to in Section 3(b) of this Agreement. IN WITNESS WHEREOF, the undersigned Parties, with all requisite authority, have hereunto set our hands and seals on the date and year first above written. [SIGNATURES OF THE PARTIES ON THE FOLLOWING PAGES] 11 OWNER'S SIGNATURE PAGE TO THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT FOR DEMOLITION OF FORMER R&S FENCE BUILDING OWNER: AJ TOWN CENTRE LIQUIDATION TRUST, dated October 1, 2012 By: Name: Robert Burnand Its: Trustee STATE OF ARIZONA ) ) ss. County of The foregoing was acknowledged before me this day of , 2012, by Robert Burnand, in his capacity as Trustee of the AJ Town Centre Liquidation Trust, dated October 1, 2012, on behalf of the Trust. Notary Public My Commission Expires: (seal) 12 CITY'S SIGNATURE PAGE TO THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT FOR DEMOLITION OF FORMER R&S FENCE BUILDING CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: Richard J. Stern, City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2012, by John S. Insalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires. (seal) 13 EXHIBIT A LEGAL DESCRIPTION A portion of the Southwest quarter of Section 21, T-1 N, R-8E more particularly described as Lots 52 and 53, APACHE JUNCTION PLAZA, recorded in Book 10 of Maps, Page 41, records of Pinal County Arizona 2410486.3 EXHIBIT B AERIAL LOCATION EXHIBIT 2410486.3 EXHIBIT C PHOTOGRAPHS OF 98 E. 2NO AVENUE 4 ',S v''k2r."^ewe 3f °�tP 13 '�•'s-f'" + � t ate. try :�j�... r771. :'StiV "vax ` � ors > Y• 7rN y� 11 {e T �}}� Jam.Y K AZ P „ . _ F ti . Q; 7< � l,I J~ W_' K r} t r �T.__ k I 9}'¢,, - co .v..i, i�. ( ... P� 1 , ; a .11.0, Y rt. """.l i} l r `"Mtn �e}' Y� J `*� � Jii2"Z / # �,'� a,i{�'3h, r • �i M � ; ? i 4kii ti:4 %; 1RXq�rt rg*1�° I V 4NN C - l .0 Rot yk ,r w M `'.s� ,.. F 1�yySvi 1171 �Y�I7l71•y!}M�is�^�a�.' f i,"i?,,,' ,IJ' ;'i �-j } �.. ApiM 1 „,... :1 F r 1 ,. ......„ .0.• .......p..._..- ..... -.` - ,....-_. • , ._ . 111 - . N.. ., , •.___ ..... , I .. '''.•-....,--.... 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' /_ / ONLY . • . 4 ,//,, , • f:*'-'14.-'4,--"- :VP' •'',e‘..217 , / /:./ 4, i..-71`7„..i ;V 4,1-:::,: . /4"/ . .,, . tote T 400,, ,gt,4_, ,,, ).. . ..., --"'-.1104tir...-•• le 4 - -4 ,,,,,e;/ / i rofr.44#' ,..4t, '&.-?°,;-. ,.. ..... "" .•0 Z.l'''..t... ...... ',',, iy-41 r.... ...,. ,.. • : , ":37• ' -. t ,-,- ,, • '- - 1 0 1 7 2C . . . 1 ,...„ '1 iiir 4 . 't k ii ''', ]'.. \ 1, ' . i ) //: / if / , , , . 11' 4 , 7 i ;!- , ; f / . / / ' /, A '-' i , . ,,.. // / j ' ; r • a • �` /j / t b j I 1 "b t >\/ 7(ti t \i;j'• j Aerial View of R&S Fence Building „.. ...,,,, ..... -4 t•t.'. .61"' ,,,4, ''-'. ' ' It'_ ,44, -3 V ,.... '''''''...,,,..................,..„ 1 , .4'4,-, .,„„, . Li- e ii. ,,. •,,.,,., • , , ..,. 1 , .... * S i .,' ,. - it! .. . , , krill .... , k ' ' id.4:,./ ..., ,, .,.., , i . . . * , 4 & i ,' ' • ''',. ,..., * " . , : ...r.,*'.'1 . '', ' .". ,.., , •i. Ai 0* ''"., I i,, V .4.4" . ' . ,,' ' '$ ' 4 . • .i-.... I - . '.. ... ' 14^ c iir - .*:* wow .,. . . 11 .... .., . .., ...„., ,. „. ,. ' ," , • I,, . tialt 1 cy4;;N* 1.; ... 4 ":... e" ,- . 1**-i • . iroill ' *.vt, ' ''' ." .4'*,7 .„. orr:' .. . .. . 7, ... . ..,. _ )1 : , ..., E 2nd Ave . .... .. ,--. . ., .. f.' . .., . . i '.'' • ..= 1 , , s , '7" ' '''''' .,...--..,_ 1 ibikCH Q City of/pache junction Home o/ the .Supet:ctitiort Mountains 4R1zONP Print TO: City Manager's Office FROM: James W. Hazel,Jr. Presiding Magistrate DATE: December 18, 2012 agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of Appointment of Deputy City Magistrates and Magistrate Pro Tern. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Consideration of the reappointment of Dale E. Collier and Rebecca Standage as deputy city magistrates and Walter Switzer as magistrate pro tern for two year terms ending January 15, 2015. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: ATTACHMENTS: Click to download Cl Memo regarding Deputy City Magistrate and Pro Tern Magistrate Appointments APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA 85119 480-982-8250 TO Mayor and City Council FROM James W Hazel, Presiding Magistrate RE Appointment Deputy City Magistrate and Magistrate Pro Tern DATE. December 6, 2012 At the December 18, 2012 meeting, I am requesting the reappointment of deputy magistrates Dale Collier and Rebecca Standage for two-year terms Several years ago the city ordinances were modified to permit the appointment of deputy city magistrate(s). The deputy city magistrate(s) receive a nominal monthly salary ($50/mo ) and are usually the first individuals contacted when a substitute judge is needed. They are also contacted for warrants or emergency police matters if I am not available Judges Dale Collier and Rebecca Standage are recommended for this position They will be completing their terms as deputy city magistrate on January 15, 2013. The judges never accepted the nominal salary I am also requesting Judge Walter Switzer be reappointed as Magistrate Pro Tem. Section 5-1-3 of the City Code provides for the appointment of magistrates pro tern The usual procedure is to appoint these individuals for a two year period Suggested motion: "I move that Dale Collier be appointed as a Deputy City Magistrate for the term of January 16, 2013 through January 15, 2015, and, I further move that Rebecca Standage be appointed as a Deputy City Magistrate for the term of January 16, 2013 through January 15, 2015, and, I further move that Walter Switzer be appointed as Magistrate Pro Tem for the term of January 16, 2013 through January 15, 2015; and, The appointments are to be effective for said term after the execution of their respective Oath of Office." ROLL CALL VOTE NOTES: 1 + AiIlk A3)' ITEM # MEETING F MOTION BY: j SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER BARKER J VICE MAYOR DIETZ CC/UK fUV1EMBERVALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN RESOLUTION NO. 12-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF A SAFE ROUTES TO SCHOOL NON-INFRASTRUCTURE GRANT, AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN H2 GROUP, LLC AND THE CITY OF APACHE JUNCTION FOR RENOVATIONS TO THE POLICE DEPARTMENT BUILDING IN A TOTAL AMOUNT NOT TO EXCEED $38,654.00, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE RELEASE, MUTUAL INDEMNIFICATION AND AUTHORIZATION AGREEMENT BETWEEN AJ TOWN CENTRE LIQUIDATION TRUST AND THE CITY OF APACHE JUNCTION FOR THE DEMOLITION OF THE FORMER .•. R&S FENCE BUILDING LOCATED AT 98 EAST SECOND AVENUE, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT DALE COLLIER AND REBECCA STANDAGE BE REAPPOINTED AS DEPUTY CITY MAGISTRATES FOR THE TERM OF JANUARY 16, 2013 THROUGH JANUARY 15, 2015; THAT WALTER SWITZER BE REAPPOINTED AS MAGISTRATE PRO TEM FOR THE TERM OF JANUARY 16, 2013 THROUGH JANUARY 15, 2015; AND THAT THE APPOINTMENTS BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF THEIR RESPECTIVE OATHS OF OFFICE ?ACHE /a\ OEM Gyps City of Apache Junction z Home 1 the Superstition Mountains LE Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: December 18, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION; ATTACHMENTS: Click to download No Attachments Available *pACifE °r• �� pity of Apache Junction Z Home of the Superstition Mountains Print TO: City Manager's Office FROM: Janine Hanna Solley, Business Advocate DATE: December 18, 2012 igenda Type : Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PINAL COUNTY ECONOMIC DEVELOPMENT EFFORTS BY PINAL COUNTY ECONOMIC DEVELOPMENT MANAGER TIM KANAVEL. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on the current foundation and focus areas of Pinal County's economic development efforts. Mr. Kanavel will share information regarding the targeted industries identified for the county, available resources (Business Assistance Program, etc), strengths of the vanous areas of the county and specifically the northern area of Pinal County, and other information related to enhancing economic development opportunities throughout the county FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION; ATTACHMENTS: Click to download No Attachments Available oink PUBLIC HEARING 00\ 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON JANUARY 12, 2013 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. z uCity of pache Junction pHome of`the Superstition Mountains 4R1zoNP Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 18, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE ON JANUARY 12, 2013 AT 3301 SOUTH GOLDFIELD ROAD ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This for the Disco Fever event fundraiser on January 12, 2013 at Dolce Vita. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT; OPTIONS/ALTERNATIVES: ,ECOMMENDATION; ATTACHMENTS: Click to download ❑ cover memo ❑ application ❑ applicant letter ❑ planning recommendation f.] pd recommendation ❑ fire district recommendation DECEMBER 6, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH. KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR DECEMBER 18, 2012. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE An application for a special event liquor license has been submitted by Ms Elizabeth Ditlevson Garman of Community Alliance Against Family Abuse for a Disco Fever fundraiser on January 12, 2013 at 3301 S. Goldfield, Apache Junction. Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control Due to receiving the application at a late date. there was no department memo sent out and the police department graciously walked the application through the department process to get the needed recommendations. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 '/ Wasrungton 5th Floor ,-'-oenix_ Arizona 85007-233 4 ir302t5-1,_ 5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee - $25 00 per day for 1-10 day events only • A service fee of S25 00 will de chhrued for,II dishonored crocks(A R :a 3 44-e852; NOTE THIS DOCUMENT MUST RE FULLY COMPLETED OR IT WILL SE RETURNED 'LEASE ALLOW 10 BUSINESS DAYS FOR PROCESS!\G 'Application must be approved by local government before submission to Department of Liquor Licenses ajci Control. (Section#20) i f I Name of Organization _k� .t �' ,f. , LI1.?� L" t•� ._. 2 Non-Profit/I R S Tax Exer pt Number D 7/,/ 0 3 e_2 organization is._; !check ore box er•iyl Grantable I-p Fraternal;mutt -fire regular membership and in existence to over 5 ,rear!, 0 Civic 0 Retig at; i Political Party Brit Measure or Campaign Corrimiltl 4 What is the purpose o'tnis event" 54 un site consumption 0 off-site i:.onsumpttart tau..t or, ❑ r;ov, .[ F. �j � 7 a Location of the even ��� �1 / n+ Bess t' a 5^c;, I�riticv (N +_'iy' linty ' Applicant must bed mernber of the qualifying organization and authorip d by an Officer,Director or Ghairperaon or the Organization named in Question*1. (Signature required in section#1t3) n. Applicant . 't' SVYI (C}c1f 1Yl4'1 e 1,Li eD(..� - � 1 CJ = tiirIcta x r,,r�;,,t -7 %s Artpitt:arit i Maalu'g Addre sti �� 1 �`- .... /L t r l '�7" � � 8e Phone Nurrtba rs 4e01 ` a? - �� t l h .742? ti'b 2) - Ci;t«l.)".K ss fi i pCWt.:irt,}B1.fsr Cifs M .bCUr+r,ar r i^.:d'rC.;4 9.Datets)&HOOTS of Evert r;r., h r ar41 r 171 tnr iR nh Pio: s -nr Dale Day Week Hoy from AM of)M inAM.pM Day 1 1'_L9Z - .Je [ "'L _ _ : �' ✓rL� //""34.rn. Day 2 r Diy _. __.. - __-- Day 4 - . Day 5 Day ra _ Day 7 _._ Day 8 Day 9 Day 10 t)%lhh d endhietu* rcquirin;tiix tial e,c aReme+ct ttt noa,pirxrr tali tfld'i 44' pe b t mb er2011 Aim., Aiii 10 Has the applicant been convicted of a felony in the past five years.or had a liquor license revoked-2 ❑YES ® NO (attach explanation if Yes) 11 This organization has been issued a special event license for days this year, including this event (not to exceed 10 days per year) 12 Is the organization using the services of a promoter or other person to manage the event? ❑YES al NO If yes, attach a copy of the agreement 13 List all people and organizations who will receive the proceeds Account for 100%of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL ,,_ EVENT LIQUOR SALES /) �J Name ( �, y1l er1 •try, L1 it i1. fin L' c fF (4 ui�e► cZvn1 �t !7 D�1� �' _y.,._ .w;cye Address ''.: I ;L - l '�\-c k-\ 'll' I\r.\t_ 1 vt l 17\ �. r Name P.,rc°raas2'i Address (Attach additional sheet if necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control bamers if applicable) # Police Fencing # Security personnel 0 Barners 0 t (k'tC VV1I\ Inc Of\ 1c�.1 1'i(1, ` %. �, fc- •V e )t (,'t I_,JC \t, J eN 16 Is there an existing liquor license at the location where the special event is being held? 0 YES El NO If yes.does the existing business agree to suspend their liquor license during the time period.and in the area in which the special event license will be in use? 0 YES 0 NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17 Your licensed premises is that area in which you are authorized to sell, dispense. or serve spintuous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing barricades or other control measures and security positions a eN 1At 844 -,t7 iTtietPGfii F n, ptrir3j Pwca , Nttlia JEREZ . _ Notary Public Arizona !N empty or Ai'1 Z$Y r-� '.J AAartcopa County The •egni :A,nsstrumert,vas acknowledged gore me'-•3 Q My Comm Expires Jul 27,2015 , ab �Ol -Er _ -.E.- -.or • v r:r '.ly ile ‘1,1.(11" THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION 46 '.'J LE 3nk.y V1kUNxyn ta•il �ucc4are tr'at I am ttxr APPLICANT fit:nq:h ,appt;;-ct S ,Prod"..! r.r17,1 •,ttCO to 01-!:.:Stt23': . .. _Y';u aGr. c.atCn aril cite contents art.al stater-er 'irc tfLe ccrru'u and x tk'z, _ \____ ‘------- Stlie ct r4 )0-41cae. Cot,nbi a" 19-2_ - 'two Kim Tl.0 tuecacdng u trumer^t u as 3rk:x,mledg!d before.1n49 sh.s t+ot>WY public Mancoos Covet `0Mil COMMEwalt Jul 27 2015 -1 , mtrtt ,,, 2 7+ 2(2 t4j You must obtain local government approval City,or County MUST recommend event and complete item st20 The local governing bottLmay require additional applications to be completed and submitted 60-days„ to advance of the event Additional Licensing fees may also be required before approval may be granted LOCAL GOVERNING BODY APPROVAL SECTION G"'., I _ s..-Gy Idt,i:i`„P,:'l,J in.;aF @L:1 ni c,E,:i.f .;,i t:,t,uf7 •C,r1 rn'rt gy,K,Al, Tcv.n or Ccunt,' - ::3'C I .PAR T MENti T USE ONLY Ap A try ele,#adte, flame of the .Superstition Mountains. •4• zoN� December 6, 2012 Community Alliance Against Family Abuse Attn Elizabeth Ditlevson Garman P 0 Box 3778 Apache Junction. AZ 85117 Dear Ms Ditlevson Garman. Please be advised that your application fa- a Special Event Liquor License for the Community Alliance Against Family Abuse for January 12, 2013 at 3301 S Goldfield Road has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on December 18, 2012, at 7 00 p m in the City Council Chambers. 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly City Clerk • \,;,:c 148u)982-8O02 •FAX 148(11 982- 0l8 • IUD(480)983-0095 • a,,‘.‘a.ajcity net 1041 F Suptrchttrin l3ouletard. Apache Junction.AZ 85119 Janet Mason From Rudy Esquivias Sent. Wednesday December 05, 2012 4.58 PM To• Janet Mason Cc. Jerald Monahan, Denise Moulson, Brad Steinke Kathy Connelly Subject CAAFA Special Event at Dolce Vita Attachments: AVG Certification txt Jan The Planning Division has no objections to CAAFA holding their one-time special event"disco night' (with liquor)at the Dolce Vita clubhouse facility, like they did last year Please contact me with any questions Ada oenuiviaS Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache .function, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services D rartment• office hours Monday trrot:gh Thursnay from '7 OOam to 6 OOpm closed Fridays and Holidays ) 1 Al kb. ON Ilk j' pOLJCF Apache Junction Police Department, "� Interdepartmental Memo �,: 4RIN)s DATE December 06, 2012 TO Kathleen Connelly, City Clerk FROM Sgt C Allison#50 SUBJECT Special Event liquor License App. For Community Alliance Against Family Abuse (CAAFA)- 3301 S. Goldfield Rd, Apache Jct., AZ 85119 After rep iew•of the application,attached documents and an onsite inspection of the listed site for the request for this event requested by Community Alliance Against Family Abuse tC A lFA),the Apache Junction Police Department recommends approval. aces. c Apache Junction Fire District ,lo Q -- = 565 North Idaho Road. Apache Junction, AZ 85119 I i' Phone(480) 982T4440, Fax(480) 982-0183 °1WOO www ajfire orgMk MEMORANDUM I C) Kathleen Connelly.City Clerk City of Apache Junction Dave Montgomery.Deputy Chief r'Fire Marshal DATE December 5 2012 SUBJECT Special Event Liquor License Ann.for Community Alliance Acainst Famih Abuse (CAAFA)—3301 S.Goldfield Road,Apache Jet,AZ,January 12,2013 The Apache Junction Fire District recommends approval of the above noted application for a special event liquor license for Community Alliance Against Family Abuse (CAAFA) at 3301 S Goldfield Ro.td. Apache Jet, A/ on the date noted The Apache Junction Fire District has revic«ed the documentation and prevention files for this taciiity Our records indicate regular inspections of this facility have found no major hazards and all records indicate current compliance with all local and State fire and life safety requirements Thank you for your notification on this matter Dpin ATTN Application ROLL CALL VOTE NOTES )/\ I ' ITEM # MEETING OF 4y(,),-) MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS t/ COUNCILMEMBER SERDY / COUNCILMEMBER BARKER 1 COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Iftb ITEM NO. 9 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR THE DISCO FEVER FUNDRAISER ON JANUARY 12, 2013, BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL (c1\ oCity of Ache Junction 0 z Home of the Supers/itior2 :1�ounttlins 4R1jQN* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 18, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM; CONSIDERATION OF AGREEMENT WITH ARIZONA REPUBLIC FOR LEGAL ADVERTISING FOR 2013. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: State law prohibits use of the local weekly papers because they do not meet the statutory definition of"newspaper". The agreement with the Arizona Republic will allow the city to meet statutory requirements. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo CI agreement and attachments DECEMBER 5, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK SUBJECT. LEGAL ADVERTISING AGREEMENT (NEW BUSINESS ITEM FOR DECEMBER 18, 2012) State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc (A R.S. § 39-204). The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A R S § 39-201). This statute prohibits the use of our two weekly papers The Mesa Tribune no longer has paid subscribers or paid delivery within the city. The Arizona Republic does meet statutory requirements. The rates are the same as they were in 2011 and 2012. Mesa Republic - to $0.33 per line per day Arizona Republic - to $0 80 per line per day. Attached is a copy of the legal advertising agreement and pertinent sections of state law. Please let me know if you have any questions. Janet Mason From Petty, Ondrea <Opetty@republicnedia corn> Sent: Thursday. November 29 2012 12 32 PM To Janet Mason Cc: Kathy Connelly, Stegman, Chris, Weaver, Tabitha Subject: RE. Legal Advertising Agreement for 1/1/2013 through 12/31/2013 Attachments. Apache Junction- Legal adv agreement 2012-2013 pdf Good Atternoon Janet, Attached is the legal advertising agreement for 2013 Please review, sign and send back the agreemer t once approved by the council As always we enjoy working with you and appreciate your business If you have any questions please let us know Thank you Ondrea Petty Supervisor Legal Advert : Arizona iiustnesc( r.te i :'u izeOJa,ic P tQe 44 7377! r tA24.4 134i; E opetteeirepubiicmedia.com ww:g.a:c,v11 a1. m www pubitcnoticeads.com From: Janet Mason imailto:Imason.c;_ajcity_neti Sent. Wednesday, November 28, 2012 8.37 AM To: Petty, Ondrea Cc: Kathy Connelly Subject: Legal Advertising Agreement for 1/1/2013 through 12/31/2013 Ondrea Could you please draw up the agreement for legal advertising for 2013? I would like to get it on our De:ember 18 agenda, if possible Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction AZ 85119 480-4 7 4 5058 imasonPaicity net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other Legal Advertising Agreement Phoenix Newspapers, Inc , publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2013 - December 31, 2013 Publication ' Zane# ? Zone I Pub Days Agreement_l Distribution Rate Wednesdays Mesa Republic 15 32,357 $ 0.33 Fridays per Line / 'a section of the per Zone Arizona Republic on Wed Fri Sat Zip codes Saturdays covered in Zone 15 I I 1 85215,85205, 85200,85207, ` j *Source 2012 85208,85209 Adjunct Circulation 85212 85120 Estimates 851'9.851'8 Arizona Mancopa Thursdays $ 0.25 / Business County per Line Gazette Sunday • Sunday. 493,244 Monday Arizona Saturday Republic 340,919 Full Run Tuesday Classifieds *$0.80 per Monday- linefper day Friday. Wednesday • 311,062 Thursday 1 Friday PIN ISource ABC Audd Saturday Report 12f2011 •Arizona Republic(Futl Run distribution)Classifieds publication option is available at listed rate only for notices that require tour cOnsecuuve oubiication dates,Purchasing Bid notices or notices requiring immediate publication as mandated by statufe3 >Pricing includes online postings to these public notice web listings(azcentrai coin and PublicNoticeAds corn) All legal notice advertising will be typeset in 5 5 point type at 14 lines per inch Invoicing statements for the account will be at the end of each month based on ad expiration dates Retail ROP position ad rates (open rates) and deadlines, please call for info Retail ROP positions are those that appear in any section outside of the Classified section as a display ad Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices" Two affidavits of publication will be supplied for each notice published. Ail publication requests should be E-mailed to I gal,ad‘ertisine,'d:nnt.com Please reference account# 169202 Contact person(s)for ad placement • Tabitha Weaver, Legal Ad Rep, 602-444-7333 • Legal advertising open line 602-444-7315 City of Apache Junction: Phoenix Newspapers, Inc.. Signed Signed' (Una U re*A--- { Printed Name- Printed Name Ondrea Petty Title Title Supervisor, Arizona Business Gazette Date Date 11/29/2012 City of Apache Junction Deadline Schedule: Publication I Pub Days Ad Submission Deadlines I Ad Submission Deadlines Classified Liner Ads Classified Display Ads Vlesa Wednesdays j = prior Thurs. at Noon = prior Wednesday at 3.00 Amok Republic ?one 15 Fridays = Monday at Noor. = prior Friday at 3 00 Saturdays = Tuesday at 10am = Tuesday at loam Sunday I =Wednesday at Noon =Wednesday at Noon Monday =Wednesday at Noon =prior Wednesday at Noon etrizona Republic =u!! Run Tuesday Friday at Noon =prior Thursday at Noon 7.lassifieds Wednesday Monday at Noon =prior Thursday at Noon f Thursday Tuesday at Noon =prior Friday at Noon Friday =Wednesday at Noon =Monday at Noon Saturday =Thursday at Noon Tuesday at Noon *Holiday and advanced deadlines will me e-mailed. Aok Format Document Page I of I ARS TULE PAGE NEXT DOCIJJEEW PREVIOUS DOCUMENT 39-201 Definitions A. In this chapter, unless the context otherwise requires, "newspaper" means a publication regularly issued for dissemination of news of a general and public character at stated short intervals of time. Such publication shall be from a known office of publication and shall bear dates of issue and be numbered consecutively. It shall not be designed primarily for advertising, free circulation or circulation at nominal rates, but shall have a bona fide list of paying subscribers. B. "Newspaper" shall not include a publication which has not been admitted under ^ federal law as second-class matter in the United States mails for at least one year. OIS http Pwvai..azleg goy'IormatDocument asp7tormat—pant&tnDoc—/ars/39/0020I htm&I ttl 12/6/2012 /11 n 1 ormat Uocument Page 1 of 1 it ARS'IMF.PAGE NEXT DOCUMENT PREVIOUS DOC LAMM"( 39-204 Publication of notice, time; place A. When publication of a notice in a newspaper is directed or authorized by 'aw, it shall be in a newspaper of general circulation printed in English B. If the number of times the notice is to be published is not specified, publication shall be' 1. If in a weekly newspaper, once each week for two consecutive weeks 2 If in a daily newspaper, four consecutive times. C. If the place of Dublication of the notice is not specified, publication shall be: 1 If by a state of-leer, board, or commission, in a newspaper printed and published within the county where the state capital is located 2 If by a county officer, board, or commission, or by any person in a county, in a newspaper printed and published within such county If no such newspaper is printed and published within the county, publication may be made in a newspaper of general circulation in the county which is printed in an adjoining county 3 If by a district, city or town officer, board, or commission, or by any person in a district, city or town, in a newspaper printed and published within the territorial limits thereof If no such newspaper is printed and published within the limits thereof, publication may be made in a newspaper printed and published in the county in which the district, city or town is located. iittp ‘‘\vww.alk:s 120n [ t,rInatllucument asp''inDoc-',rs,39:'00 04 lhtm& I itic= 39&Doc[) I1'6'20I2 Format Document Page I of I RA S TfTLE PAGE PREVIOUS DOCUMENT 39-221. Price for printing; size of type A. The maximum price which shall be paid for public printing and advertising, and for publications required by law, shall be at a rate per column inch, per insertion, charged for legal advertising as shown by the local rate card of the newspaper in which publication is to be made. B. Unless otherwise specifically provided by law, the type used for such publications and legal advertising shall not be larger than the regular body type of the newspaper in which it is published. http aileg gov,FormatDocument asp'inDoc= ars.39 00221 htni& 1 Itle- 39&I)ot_ Fy 12.( 201 ROLL CALL VOTE NOTES: ITEM # c1)\\tA MEETING F �V MOTION BY. � � SECONDED BY -47.)- YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER EVANS COUNCILMEMBER WILSON \\closUNC<IpilEMBER WALDRON COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2013 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2013 THROUGH DECEMBER 31, 2013, (BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT) OR(BE DENIED). ROLL CALL VOTE NOTES: \?!\1(g\ ,&/ ITEM # MEETING OF MOTION BY: A SECONDED BY c:-1A YES NO ABSTAINED COUNCILMEMBER BARKER COUNGULIO'MBER WALDRONJ COUNCILMEMBER WILSON COUNCILMEMBER EVANS i✓ VICE MAYOR DIETZ COUNCILMEMBER SERDY G I MAYOR INSALACO UNANIMJOUS IN FAVOR OPPOSED ABSTAINED TOTAL / ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7:00 P.M. BE HELD ON MONDAY, JANUARY 14, 2013, IN THE CITY COUNCIL ONFERENCE "` ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, JANUARY 15, 2013 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: 1 Y I \Y REG: 1 1 " SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO VICE MAYOR DIETZ I COUNCILMEMBER BARKER COUNCILMEMBER EVANS tJ COUNCILMEMBER SERDY V / COUNCILMEMBER WALDRON J COUNCILMEMBER WILSON TOTAL 19� CITY STAFF I rlIC5 City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director ) t` Brad Steinke �}' Human Resources Director Liz �� )e Riley Assistant to the City Manager ,�t, f. Matt Busby 770,p' ' OTHERS: \tpfrAilf, 'Yt)" 4., Vk" Date: / CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. ((QscLc.J4 o J —37 ORC _ \ � Call to The Public (One Form Per Item Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeso No❑ Only If Necessary CI I am in favor of the proposed Item. o,lam opposed to the proposed Item. 1 )CAN; C.-) 15 1 , '+" Name (Print) ( f No('al 6-ald.44P(A it 7 s) )ci Address City j l Zip Code FO D) r 14on4e oynvc•-t 16c Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. 'onsent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12