HomeMy WebLinkAbout2015 06.15 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location
City Council Chambers
at City Hall
A enda 300 E Superstition Blvd
g Apache Junction,AZ
85119
City Council Work Session
www aicity net
Ph (480)982-8002
Monday,June 15,2015 7 00 PM City Council Chambers
A. CALL TO ORDER
B ROLL CALL
C. AGENDA ITEMS
1. Presentation and discussion with Chris Camacho and Mary
Hebert from the Greater Phoenix Economic Council (GPEC)
regarding the proposed renewal of contract for economic
development services in an amount of$21,609 00 and
appointment of a member of the council as the City of Apache
Junction representative to the GPEC Board of Directors
2 Presentation and discussion on the Request for Qualifications for
the Operation of a Local Visitor Information Center Staff will
discuss the bid, opened on May 6, 2015, for the operation of a
local visitors center. Two bids were received and staff will be
prepared to present the review committee's recommendation for
award of the bid.
3. Presentation and discussion on Ordinance No 1414, amending
•� the Apache Junction City Code, Vol. 1, by repealing Chapter 6,
Animals, and adopting by reference a new Chapter 6, Animals
4. Presentation and discussion on Ordinance No 1416, amending
the Apache Junction City Code, Vol 1, Chapter 4, Fees, Article
4-3, Animal Control Fee Schedule
5 Presentation and discussion on 2014 Street Condition Report
Staff will present information on the status of the city's streets,
current service level objectives and funding
6. Presentation and discussion on planned street work for Fiscal
Year (FY) 2015-2016 Public Works staff will present the planned
FY 2015-2016 Street Maintenance Plan including elements which
influence and change the plan
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City Council Work Session Agenda June 16,2016
7 Presentation and discussion on the award of contract to Ace
Asphalt for street maintenance crack seal work in various
locations in partial fulfillment of Fiscal Year 2015-2016 Street
Maintenance Plan. The work would be through Mohave
cooperative contract#14Y-ACE-0317 for$226,180 06 with a ten
percent contingency of$22,618 00 with a total not to exceed the
amount of$248,798 06
8. Discussion on intergovernmental agreement with Arizona
Department of Revenue (ADOR) for uniform administration of
transaction privilege (sales)tax The current intergovernmental
agreement with the state will end June 30, 2015 This new and
amended agreement is intended to provide us with certain
information and assurances needed to track our sales tax
payments when ADOR takes over tax licensing and collections.
9. Presentation and discussion of the city's Communication Plan
Staff will provide an overview of the proposed modifications to the
Communication Plan that will improve upon and streamline the
various communications distributed to residents and community
stakeholders This item is identified in the Fiscal Year 2014-2015
Council Work Plan
10 Presentation and discussion on draft Resolution No. 15-19,
formally expressing the mayor and city council's commitment to
advance diversity in the organization and community
11. Presentation and discussion on Resolution No 15-24, authorizing
execution and adoption of the second amendment to the City of
Apache Junction Flexible Benefit Plan The proposed
amendment would add a vision component to the benefit plan
12. Presentation and discussion on the Legislative Work Plan for
Fiscal Year 2014-2015 and Fiscal Year 2015-2016
D. ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be
obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office
located at
300 East Superstition Boulevard,Apache Junction, AZ
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet
Apache Junction,AZ 85119
Agenda Item No 7
File ID- 15-182
Sponsor- E'Lan Vallender Agenda Date-6/15/2015
Index- Economic Development In Control City Council Work Session
r•.
Presentation and discussion with Chris Camacho and Mary Hebert from the Greater
Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for
economic development services in an amount of$21,609 00 and appointment of a
member of the council as the City of Apache Junction representative to the GPEC Board
of Directors
The City of Apache Junction joined Greater Phoenix Economic Council (GPEC) in 2007
and has consistently renewed its membership each year as a member community
contracting for economic development services, including national and international
business recruitment services and targeted marketing, research, competitive analysis and
prospect management for commercial/industrial-type (i a non-retail) prospects within city
limits This is a renewal of the contract for those services for another year The total
contract amount for this year's renewal is $21,609 00 which is based on a standardized
population-driven formula In addition, the city seeks appointment of a member of the
council as the city's representative to the board.
Attachments:
AURA,
City of Apache Junction,Arizona Page 1 Printed on 611012015
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Economic Deveropment Department
DATE June 3, 2015
MEMORANDUM TO The Honorable Mayor& City Councilmembers
MEMORANDUM THRU Bryant Powell, Assistant City Manager
Janine Solley, Economic Development Administrator
MEMORANDUM FROM: Elan Vallender, Economic Development Specialist
SUBJECT Greater Phoenix Economic Council (GPEC) contract
Renewal FY15/16
Since Apache Junction joined the Greater Phoenix Economic Council (GPEC) in 2007
we have benefited from a number of services the organization provides its community
members. These include, access to a staff research section, an annual multi-million
dollar marketing campaign and direct marketing to site selection consultants and target
industry prospects, as well as the traditional qualified 'lead generation' and prospect
management activity
In this past fiscal year, GPEC continued their REIT/Developer strategy to assist
communities with limited existing inventory, continued to provide educational and
industry intelligence opportunities through their Ambassador program, and remain
committed to advocating for sound economic development practices in the State of
Arizona
AJ-GPEC 'Return-On-Investment calculates an 11:1 ROI when viewed over time Our
participation in and association with GPEC likewise opens doors for staff to interact with
other ED-peers and site selection professionals that it would be extremely difficult if not
impossible for staff to do on our own
This year's GPEC renewal is in the amount of $21,609 00 (based on $0.5752 per capita
for Pinal County population of 37,339, and $0.4397 per capita for Maricopa County
population of 300) Staff once again respectfully recommends approval
Voice (480)982-8002 Fax(480)982-7018 TDD(480)983-0095 www ajcity net
300 E. Superstition Boulevard, Apache Junction,AZ 85119
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal
corporation (the"City"), has approved participation in and support of the regional economic
development program of the GREATER PHOENIX ECONOMIC COUNCIL("GPEC"), an
Arizona non-profit corporation. The purpose of this agreement("Agreement") is to set forth the
00%� regional economic development program that GPEC agrees to undertake,the support that the
City agrees to provide,the respective roles of GPEC and the City and the payments of the City to
GPEC for the fiscal year July 1,2015 -June 30, 2016
NOW,THEREFORE,in consideration of the mutual promises contained herein, the CITY and
GPEC agree as follows
I. RESPONSIBILITIES OF GPEC
A. MISSION. GPEC works to attract quality businesses to the Greater Phoenix Region from
around the world,and advocate and champion foundational effects to improve the
region's competitiveness.
B. GOALS GPEC is guided by and strategically focused on two specific long-range goals
1 Marketing the region to generate qualified business/industry prospects in targeted
economic clusters
2. Leveraging public and private allies and resources to locate qualified prospects,
improve overall competitiveness,and sustain organizational vitality
C. RETENTION AND EXPANSION POLICY:
l GPEC's primary role is developing the Greater Phoenix region's market
intelligence strategy for high wage,base industry clusters in coordination with
representatives of GPEC member communities
2 Retention and expansion of existing businesses within GPEC member
communities is primarily a local issue
3. GPEC will support its member communities' efforts to retain and expand
existing businesses through coordinating regional support and providing research
on key retention and expansion projects.
4 GPEC will advise its member communities when an existing company contacts
GPEC regarding a retention or expansion issue,subject to any legal or
contractual non-disclosure obligations
D. ACTION PLAN AND BUDGET: In accordance with the Mission,Goals and Retention and
Expansion Policy set forth above and subject to the availability of adequate funding,
GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of
Directors,a copy of which has been delivered to the City,receipt of which is hereby
acknowledged. A summary of the Action Plan is attached hereto as Exhibit A("GPEC
Action Plan") The City shall be informed of any changes in the adopted GPEC Action
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Plan which will materially affect or alter the priorities established therein Such
notification will be in writing and will be made prior to implementation of such changes.
Notwithstanding the foregoing,the City acknowledges and agrees that GPEC may,in its
reasonable judgment in accordance with its own practices and procedures,substitute,
change,reschedule,cancel or defer certain events or activities described in the GPEC
Action Plan as required by a result of changing market conditions, funding availability,
unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC
shall solicit the input of the City on the formulation of future marketing strategies and
advertisements The GPEC Action Plan will be revised to reflect any agreed upon
changes to the GPEC Action Plan
E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC's
Executive Committee and Board of Directors,are attached hereto as Exhibit B("GPEC
Performance Measures")and shall be used to evaluate and report progress on GPEC's
implementation of the GPEC Action Plan. In the event of changing market conditions,
funding availability,unforeseen expenses or other circumstances beyond GPEC's
reasonable control,these performance targets may be revised with the City's prior written
approval,or with the prior written approval of a majority of the designated members of
GPEC's Economic Development Directors Team("EDDT"). GPEC will provide
monthly reports on the 15''of each month to the City discussing in detail its progress in
implementing the GPEC Action Plan as well as reporting the numerical results for each
performance measurement set forth in Exhibit B GPEC shall provide a copy of its
annual external audit for the preceding fiscal year to the City no later than December 31,
2015
In the case of any benchmark which is not met,GPEC will meet with the EDDT
to provide an explanation of the relevant factors and circumstances and discuss the
approach to be taken in order to achieve the target(s) Failure to meet a performance
target will not,by itself,constitute an event of default hereunder unless GPEC (1)fails to
inform the City of such events,or(n)fails to meet with EDDT to present a plan for
improving its performance during the balance of the term of the Agreement
H. RESPONSIBILITIES OF THE CITY
A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to GPEC's
economic development efforts as follows
1 The City shall respond to leads or prospects referred by GPEC in a professional
manner within the time frame specified by the lead or prospect if the City desires
to compete and if the lead is appropriate for the City When available,the City
agrees to provide its response in the format developed jointly by EDDT and
GPEC
2 The Cityshall provide appropriate local hospitality,tours and briefings for
prospects visiting sites in the City.
3 The City shall provide an official economic development representative to
represent the City on the EDDT,which advises GPEC's President and CEO
4 The City shall cooperate in the implementation of GPEC/EDDT process
improvement recommendations including the use of common presentation
formats,exchange of information on prospects with GPEC's staff,the use of
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shared data systems,land and building data bases and private sector real estate
industry interfaces
5 The City shall use its best efforts to respond to special requests by GPEC for
particularized information about the City within three business days after the
receipt of such request
6 In order to enable GPEC to be more sensitive to the City's requirements,the City
shall,at its sole option,deliver to GPEC copies of any City approved economic
development strategies,work plan,programs and evaluation criteria GPEC shall
not disclose the same to the other participants in GPEC or their representatives
7 The City shall utilize its best good faith efforts to cause an economic
development professional representing the City to attend all marketing events and
other functions to which the City has committed itself.
8 The City agrees to work with GPEC to improve the City's competitiveness and
market readiness to support the growth and expansion of the targeted industries
as identified for the City in Exhibit C("Targeted Industries").
B. RECOGNITION OF GPEC: The City recognizes GPEC as a regional economic
development organization for marketing the Greater Phoenix region. Nothing in this
agreement however prohibits the City from contracting with other regional economic
development marketing providers for similar services
III ADDITIONAL AGREEMENTS OF THE PARTIES:
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s)of the City shall be entitled to participate in GPEC's
marketing events provided that such participation shall not be at GPEC's expense When
requested and appropriate,GPEC will use its best efforts to provide technical assistance
and support to City economic development staff for business location prospects identified
and qualified by the City and assist the City with presentations to the prospect in the City
or their corporate location
B. COMPENSATION:
1 The City agrees to pay$21,609.00 for services to be provided by GPEC pursuant
to the Agreement during the fiscal year ending on June 30,2016,as set forth in
this Agreement. This amount is based on approximately$0 5752 per capita
applied to that portion of the City's population outside of Mancopa County plus
$0.4397 per capita applied to that portion of the City's population within
Mancopa County,based upon the 2014 Office of Employment and Population
Statistics,Arizona Department of Administration population estimate,which
listed the City as having a population of 37,339 in Pinal County and 300 in
Mancopa County. The payment by the City may,upon the mutual and
discretionary approval of the board of directors of GPEC and the City Council,
be increased or decreased from time to time during the term hereof in accordance
with the increases or decreases of general application in the per capita payments
to GPEC by other municipalities which support GPEC.
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2 Funding of this Agreement shall be subject to the annual appropriations of funds
for this activity by the City Council pursuant to the required budget process of
the City
3. Nothing herein shall preclude the City from contracting separately with GPEC
for services to be provided in addition to those to be provided hereunder,upon
terms and conditions to be negotiated by the City and GPEC
4. GPEC shall submit invoices for payment on an annual basis The foregoing
notwithstanding,if GPEC has not provided the City with the audit required
pursuant to paragraph I(E)above no later than December 31,2015,no payments
shall be made hereunder until the City receives the audit report and is provided at
least a 30 calendar day review and approval period Invoices and monthly
activity reports, substantially in the form of Exhibit D("Reporting Mechanism
for Contract Fulfillment")attached hereto,are to be submitted to the address
listed under paragraph IV(P)
C. COOPERATION:
1. The purpose of this agreement("Agreement")is to set forth the regional
economic development program that GPEC agrees to undertake,the support that
the City agrees to provide,the respective roles of GPEC and the City and the
payments of the City to GPEC for the fiscal year 2015-2016
2 The parties acknowledge that GPEC is a cooperative organization effort among
GPEC and its member communities Accordingly,the City and GPEC covenant
and agree to work together in a productive and harmonious manner,to cooperate
in furthering GPEC's goals for the 2015-2016 fiscal year. The City and GPEC
further covenant and agree to comply with the Regional Cooperation Protocol,
attached hereto as Exhibit F,in all material respects
3 The City agrees to work with GPEC,as necessary or appropriate,to revise the
performance measures,and/or benchmarks,and/or goals for the FY 2016-2017
contract.
4 The City agrees to work with GPEC during the FY2015-2016 program year to
develop a revised public sector funding plan,including a regional allocation
formula for FY2016-2017,if determined to be necessary or appropriate
IV. GENERAL PROVISIONS
A. COVENANT AGAINST CONTINGENT FEES- GPEC warrants that no person or selling
agent has been employed or retained to solicit or secure this contract upon an agreement
or understanding for a commission,percentage,brokerage,or contingent fee For a
breach or violation of this warranty,the City shall have the right to terminate this
Agreement without liability or,in its discretion,to deduct the commission,brokerage or
contingent fee from its payment to GPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION:GPEC acknowledges that no payment shall
be made to any contractor as long as there is any outstanding obligation due to the City,
and any such obligation shall be offset against payment due to GPEC
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C. ASSIGNMENT PROHIBITED:No party to this agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of any
right or obligation pursuant to this Agreement shall be void and have no effect.
D. INDEPENDENT CONTRACTOR;NO AGENCY:Nothing contained in this Agreement
creates any partnership,joint venture or agency relationship between the City and GPEC
At all times during the tern of this Agreement,GPEC shall be an independent contractor
and shall not be an employee of City City shall have the right to control GPEC only
insofar as to the results of GPEC's services rendered pursuant to this Agreement GPEC
/y shall have no authority,express or implied,to act on behalf of City in any capacity
whatsoever as an agent GPEC shall have no authority,express or implied,pursuant to
this Agreement to bind City to any obligation whatsoever
E. INDEMNIFICATION AND HOLD HARMLESS- Dunng the term of this Contract,GPEC
shall indemnify,defend,hold,protect and save harmless the City and any and all of its
Council members,officers and employees from and against any and all actions,suits,
proceedings,claims and demands,loss,liens,costs,expense and liability of any kind and
nature whatsoever,for injury to or death of persons,or damage to property,including
property owned by City brought,made,filed against,imposed upon or sustained by the
City,its officers,or employees in and ansing from or attributable to or caused directly or
indirectly by the negligence,wrongful acts,omissions or from operations conducted by
GPEC,its directors,officers,agents or employees acting on behalf of GPEC and with
GPEC's knowledge and consent.
Any party entitled to indemnity shall notify GPEC in wnting of the existence of
any claim,demand or other matter to which GPEC's indemnification obligations would
apply,and shall give to GPEC a reasonable opportunity to defend the same at its own
expense and with counsel reasonably satisfactory to the indemnified party
Nothing in this Subsection E shall be deemed to provide indemnification to any
indemnified party with respect to any liabilities ansing from the fraud,negligence,
omissions or willful misconduct of such indemnified party
F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement,at
^ GPEC's own cost and expense,insurance against claims for injuries to persons or
damages to property which may anse from or in connection with this Agreement by
GPEC,its agents,representatives,employees or contractors,in accordance with the
Insurance Requirements set forth in Exhibit E("Insurance Requirements"),attached
hereto. The City acknowledges that it has received and reviewed evidence of GPEC's
insurance coverage in effect as of the execution of this Agreement
G GRATUITIES. The City may,by wntten notice to GPEC,terminate the right of GPEC to
proceed under this Agreement upon one(1)calendar day notice,if it is found that
gratuities in the form of entertainment,gifts,or otherwise were offered or given by
GPEC,or any agent or representative of GPEC,to any officer or employee of the City
with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending,or the making of any determinations with respect to the
performance of such contract;provided that the existence of the facts upon which the
City makes such findings shall be an issue and may be reviewed in any competent court.
In the event of such termination,the City shall be entitled to pursue all legal and
equitable remedies against GPEC available to the City
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H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement,
GPEC agrees as follows:
1. GPEC will not discriminate against any employee or applicant for employment
because of race,color,religion,gender,sexual orientation,national origin,age or
disability GPEC shall take affirmative action to ensure that applicants are
employed,and that employees are treated during employment without regard to
their race,color,religion,gender,sexual orientation,national origin,age or
disability Such action shall include,but not be limited to,the following
employment,upgrading,demotion or transfer,recruitment or recruitment
advertising,layoff or termination,rates of pay or other forms of compensation,
and selection for training,including apprenticeship GPEC agrees to post in
conspicuous places,available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrnnmation clause
2 GPEC will,in all solicitations or advertisements for employees place by or on
behalf of GPEC, state that all qualified applicants will receive consideration for
employment without regard to race,color,religion,gender,sexual orientation,
national origin,age or disability.
3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement,provided that the foregoing provisions
shall not apply to Agreements or subcontracts for standard commercial supplies
or new materials
4 Upon request by the City,GPEC shall provide City with information and data
concerning action taken and results obtained in regard to GPEC's Equal
Employment Opportunity efforts performed during the term of this Agreement.
Such reports shall be accomplished upon forms furnished by the City or in such
other format as the City shall prescribe
I COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC
understands and acknowledges the applicability of the American with Disabilities Act,
the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of
1989 and agrees to comply therewith in performing under any resultant agreement and to
permit City inspection of its records to verify such compliance.
1 GPEC warrants to the City that,to the extent applicable under A R S §41-4401,
GPEC is in compliance with all Federal Immigration laws and regulations that
relate to its employees and with the E-Verify Program under A.R.S. §23-214(A).
GPEC acknowledges that a breach of this warranty by GPEC or any
subconsultants providing services under this Agreement is a material breach of
this Agreement subject to penalties up to and including termination of this
Agreement or any applicable subcontract The City retains the legal right to
inspect the papers of any employee of GPEC or any subconsultant who works on
this Agreement to ensure compliance with this warranty.
2. The City may conduct random verification of the employment records of GPEC
and any of its subconsultants who work on this Agreement to ensure compliance
with this warranty.
3 The City will not consider GPEC or any of its subconsultants who work on this
Agreement in material breach of the foregoing warranty if GPEC and such
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subconsultants establish that they have complied with the employment
verification provisions prescribed by 8 USCA§ 1324(a)and(b)of the Federal
Immigration and Nationality Act and the e-venfy requirements prescribed by
Arizona Revised Statutes §23-214(A)
4. The provisions of this Section I must be included in any contract GPEC enters
into with any and all of its subconsultants who provide services under this
Agreement or any subcontract to provide services under this Agreement. As
used in this Section I"services"are defined as furnishing labor,time or effort in
P, the State of Arizona by a contractor or subcontractor Services include
construction or maintenance of any structure,building or transportation facility
or improvement to real property
5 Pursuant to A R S §§35-391 06 and 35-393-06,GPEC hereby certifies to the
City that GPEC does not have"scrutinized"business operations,as defined in
A R S §§35-391 and 35-393,in either Sudan or Iran
J. TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail
to duly perform,observe or comply with any covenant,condition or agreement on its part
under this Agreement and such failure continues for a period of 30 calendar days(or such
shorter period as may be expressly provided herein)after the date on which written notice
requiring the failure to be remedied shall have been given to GPEC by the City,provided,
however,that if such performance,observation or compliance requires work to be done,
action to be taken or conditions to be remedied which,by their nature,cannot reasonably
be accomplished within 30 calendar days,no event of default shall be deemed to have
occurred or to exist if,and so long as,GPEC shall commence such action within that
period and diligently and continuously prosecute the same to completion within 90
calendar days or such longer period as the City may approve in writing The foregoing
notwithstanding,in the event of circumstances which render GPEC incapable of
providing the services required to be performed hereunder,including,but not limited to,
insolvency or an award of monetary damages against GPEC in excess of its available
insurance coverage and assets,the City may immediately and without further notice
terminate this Agreement
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS.GPEC's
performance hereunder shall be in material compliance with all applicable federal,state
and local health,environmental,and safety laws,regulations,standards,and ordinances
in effect during the performance of this Agreement
L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this
Agreement must be filed in the county of Pinal, State of Arizona,or in the Federal
District Court in the District of Arizona In any legal action,the prevailing party in such
action will be entitled to reimbursement by the other party for all costs and expenses of
such action,including reasonable attorneys'fees as may be fixed by the Court.
M. APPLICABLE LAw. Any and all disputes ansing under any Agreement to be awarded
hereunder or out of the proposals herein called for,which cannot be administratively
resolved,shall be tried according to the laws of the State of Arizona,and GPEC shall
agree that the venue for any such action shall be in the State of Arizona,Pinal County
N. CONTINUATION DURING DISPUTES. GPEC agrees that,notwithstanding the existence of
any dispute between the parties,each party shall continue to perform the obligations
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required of it during the continuation of any such dispute,unless enjoined or prohibited
by an Arizona court of competent jurisdiction
O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate
and make them available for audit by City personnel upon request
P. NOTICES. Any notice,consent or other communication required or permitted under this
Agreement shall be to writing and shall be deemed received at the time it is personally
delivered,on the day it is sent by facsimile transmission,on the second day after its
deposit with any commercial air couner or express service or,if mailed,three(3)
business days after the notice is deposited in the United States mail addressed as follows
If to City Bryant Powell
Assistant City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction,AZ 85119
Phone (480)474-5092
Fax (480)474-5110
If to GPEC: Chris Camacho
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix,Arizona 85004-4469
Phone (602)256-7700
FAX: (602)256-7744
Any time period stated in a notice shall be computed from the time the notice is
deemed received Either party may change its mailing address or the person to receive
notice by notifying the other party as provided in this paragraph
Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J), all
parties hereto acknowledge that this Agreement is subject to cancellation by the City
pursuant to the provisions of Section 38-511,Arizona Revised Statutes ^
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member,official or employee of
the City will be personally liable to GPEC,or any successor in interest,in the event of
any default or breach by the City or for any amount which may become due to GPEC or
successor,or on any obligation under the terns of this Agreement. No member, official
or employee of GPEC will be personally liable to the City,or any successor in interest,in
the event of any default or breach by the GPEC or for any amount which may become
due to the City or successor,or on any obligation under the terms of this Agreement
S. SEVERABILITY. City and Consultant each believe that the execution,delivery and
performance of this Agreement are in compliance with all applicable laws. However,in
the unlikely event that any provision of this Agreement is declared void or unenforceable
(or is construed as requiring City to do any act in violation of any applicable laws,
including any constitutional provision,law,regulation,or City Code), such provision
shall be deemed severed from this Agreement and this Agreement shall otherwise remain
in full force and effect;provided that this Agreement shall retroactively be deemed
reformed to the extent reasonably possible in such a manner so that the reformed
agreement(and any related agreements effective as of the same date)provide essentially
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the same rights and benefits(economic and otherwise)to the Parties as if such severance
and reformation were not required Unless prohibited by applicable laws,the Parties
further shall perform all acts and execute,acknowledge and/or deliver all amendments,
instruments and consents necessary to accomplish and to give effect to the purposes of
this Agreement,as reformed.
T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not
to be used to construe or limit the text.
U. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or
entity shall have any rights,whether as a third-party beneficiary or otherwise,by reason
of any provision of this Agreement
V. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three(3)duplicate originals,each of which is deemed to be an original.
This Agreement,including ten(10)pages of text and the below-listed exhibits which are
incorporated herein by this reference,constitutes the entire understanding and agreement
of the parties
Exhibit A-GPEC Action Plan
Exhibit B-GPEC Performance Measures
Exhibit C-Targeted Industries
Exhibit D-Reporting Mechanism for Contract Fulfillment
Exhibit E-Insurance Requirements
Exhibit F—Regional Cooperation Protocol
This Agreement integrates all of the terms and conditions mentioned herein or
incidental hereto,and supersedes all negotiations or previous agreements between the
parties with respect to all or any part of the subject matter hereof
Except as otherwise expressly provided in this Agreement,any failure or delay
by any party in asserting any of its rights or remedies as to any default,will not operate as
a waiver of any default,or of any such rights or remedies,or deprive any such party of its
right to institute and maintain any actions or proceedings which it may deem necessary to
protect,assert or enforce any such rights or remedies.
^' All waivers of the provisions of this Agreement must be in writing and signed by
the appropriate authorities of the City or GPEC,and all amendments hereto must be in
writing and signed by the appropriate authorities of the parties hereto
[SIGNATURES APPEAR ON FOLLOWING PAGES]
Page 9 of 11
IN WITNESS WHEREOF, the parties hereto have executed the Agreement this
day of , 2015
City of Apache Junction, an Arizona municipal
corporation
By
John S Insalaco, Mayor
ATTEST
By
Kathy Connelly,City Clerk
APPROVED AS TO FORM-
By
Richard J Stern, City Attorney
STATE OF ARIZONA )
) ss
COUNTY OF Pinal )
On this day of , 2015, before me, the undersigned Notary Public, personally
appeared who acknowledged himself to be the of
, an Arizona corporation, that he, as such officer, being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by himself as such officer. In witness whereof, I hereunto
set my hand and official seal
Notary Public '^
My commission expires-
Page 10 of 11
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By-
Chris Camacho, President& Chief Executive Officer
STATE OF ARIZONA )
ss
COUNTY OF MARICOPA )
On this day of , 2015,before me,the undersigned Notary Public,personally
appeared ,who acknowledged himself to be the of
, an Arizona corporation, that he, as such officer,being
authorized so to do, executed the foregoing instrument for the purposes therein contained,by
signing the name of the corporation by himself as such officer. In witness whereof, I hereunto
set my hand and official seal
Notary Public
My commission expires•
i
Pa a 11 i g of 11
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++7�_ GPEC MISSION
Attract quality businesses to the Greater Phoenix region
from around the world, and advocate and champion
- - foundational efforts to improve the region's competitiveness.
-
` mom _
- �.. =Y - EXECUTIVE S U MMARY
Through a true public-private partnership,the Greater Phoenix Economic Council(GPEC)
' - continues to lead the nation as a best-in-class economic development organization The
-- collaborative results of regionalism combined with cutting-edge analytics positions GPEC to
T_ engineer the future of the Greater Phoenix economy in unprecedented ways The launch of the
Competitiveness Council will bring new voices to the table to join the conversation in shaping
the future economy.In-depth market analysis and digital marketing tactics will shed light on
-' the value and desirability of the market.And sophisticated market Intelligence will continue
to highlight the region's strengths and promote our communities Going into fiscal year 2016,
.01 GPEC's pipeline is stronger than ever,its marketing and communications efforts are elevating the
regional brand,and new leadership has invigorated the organization and the community with new
direction and aspirational goals We are excited for the next era of GPEC,and invite you to join us
- as we architect the future of Greater Phoenix
-
_ tsIHAT 10 EXPEG1 IN IHE FOLLDVVI14G PAGES
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FY15 MILESTONES FY16 ACTION ITEMS DRIVES THESE
-~ Momentum gained in Sample of activities that
- g FY16 METRICS
the last year—select adhere to afive-year vision Shows relationship
`- achievements and key and result in progress between action items and
-
benchmarks annual performance goals
2 FY 2016 ACTION PLAN
P11Z RM�"ff
STRATEGIC PILLAR
As approved by GPEC's Board of Directors in FY11,these strategic pillars will guide the -
organization's fiscal year activities,and by 2016,lead to the following vision statements
STRATEGIC PILLAR BY 2016 �.
GPEC's market Intelligence model will be best-in- AWN;, w4al - F-
Market Intelligence •, - _
class. -
d
Next Generation GPEC will elevate Greater Phoenix as a leading center
of emerging technologies - —
... •� ._ ';-ae�u - ,mow
GPEC will maintain its reputation as a credible,
Attraction
respectable and "go to"organization -
International GPEC's foreign direct investment approach will be a .
y
national best practice
GPEC will successfully define Greater Phoenix as °°=
Regional Brand a region that is forward-thinking,innovative and
business-friendly
GPEC will be the nation's premier agency and leader
GPEC Brand in the economic development realm In Arizona,GPEC ' -
14
will be the principal leadership organization ,-- "'`'`
Capital Markets/ GPEC will develop a science and technology-based
Venture Formation fund that will drive regional innovation activity.
FY 2016 ACTION PLAN 3
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METRIC THRESHOLD TARGET STRETCH
f
PAYROLL $205.48 M $226.03 M $248.63 M
• __ GENERATED
- ------ NUMBER OF JOBS 4,794 5,273 5,801
HIGH-WAGE JOBS 2,493 2,742 3,016
•
- AVERAGE
3 HIGH-WAGE $51,574 $57,304 $63,034
_ Y SALARY
- QUALIFIED PROSPECTS 210 231 254
- QUALIFIED
-- INTERNATIONAL 37 41 45
PROSPECTS
EMERGING
7E TECH ASSISTS
10 12 14
REACH OF
EDITORIAL 275 M 302 M 332 M
PLACEMENTS
4 FY 2016 ACTION PLAN
a
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BUDGETI
JULY 1, 2015 -JUNE 30, 2016
FY 2015 FY 2016 FY 2015
REVENUES FORECAST %OF TOTAL BUDGET %OF TOTAL BUDGET CHANGE CHANGE r
Public Funds $2,244,000 40 9% $2,271,100 40 6% $2,246,500 $24,600 1 1%
Private Funds 2,400,000 43 7% 2,600,000 46 5% 2,550,000 50,000 2 0%
New Pledge Revenue 225,000 4 1% 250,000 4 5% 250,000 - 0 0%
In-Kind Pledges 59,000 1 1% 77,000 14% 59,400 17,600 29.6%
Events&Programs 221,000 4 0% 150,000 2.7% 165,000 (15,000) (9.1%)
s
Sponsorships 86,000 16% 25,000 0.4% 100,000 (75,000) (75 0%)
Grant Income 250,000 4 6% 212,900 3 8% - 212,900 100.0%
Other 7,000 01% 2,500 00% 3,300 (800) (24.2%)
Total Revenues $5,492,000 100 0% $5,588,500 100.0% $5,374,200 $214,300 4.0% '
'OPERATINGi
Business Development 419,000 8.2% 416,400 7.7% 434,200 (17,800) (41%)
r
Marketing 209,000 41% 304,100 5 6% 258,500 45,600 17 6%
r
Research&Strategy 265,000 5 2% 283,000 5 2% 265,100 17,900 6 8%
r
External Relations 84,000 16% 95,200 1.8% 94,400 800 0 8%
Resource Management 200,000 3 9% 240,900 4.5% 199,700 41,200 20 6%
Personnel 2,976,000 58 3% 3,230,400 59 9% 3,295,100 (64,700) (2.0%)
Facilities 441,000 8 6% 454,900 8 4% 447,400 7,500 1 7% .:
In-Kind 59,000 12% 77,000 14% 59,400 17,600 29 6%
r
r
Events&Programs 251,000 3 6% 140,000 2 6% 205,000 (65,000) (31.7%) r
r
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Total Operartmg Expenditures 4,904,000 961% 5,241,900 97.2% 5,258,800 (16,900) -0 3%
NON-OPERATING EXPEi '
Grant Expenses 200,000 3 9% 152,500 2 8% 152,500 100.0% '
Total Expenses $5,104,000 100.0% $5,394,400 100 0% $5,258,800 $135,600 2 6%
r
Net Gain(Loss) $388,000 $194,100 $115,400 $78,700
Less Capital Expenditures (14,000) (95,000) (10,000) (85,000)
Amortization of Deferred Rent (58,000) (63,600) (57,700) (5,900)
Amortization of Capital Leases (15,000) (10,500) - (10,500)
Add.Depreciation 37,000 50,300 31,000 19,300
Changes from Operating Activities (358,000) 12,400 (6,600) 19,000
Net Cash Flows (20,000) 87,700 72,100 15,600
r
Beginning Cash 1,785,000 1,765,000 1,685,000 80,000 r
Ending Cash $1,765,000 $1,852,700 $1,757,100 $95,600
FY 2016 ACTION PLAN 5
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CREATE AND MAINTAIN HIGH-QUALITY JOBS AND INVESTMENT
- through targeted, direct selling
PROACTIVELY PURSUE THE BEST PROJECTS
_..""
.` _ IMMM that meet community and regional objectives
--LL--
_ _ . FY 15 M I L E S T 0 N E S
PJ SEEK INVESTMENT L HOST NATIONAL AND
TO ACCELERATE DEVELOPMENT INTERNATIONAL ROAD SHOWS
AND COMMUNITY PLANNING
�r,,,,� •••_ C': _- _ GPEC successfully hosted road shows in San
PEconomicFrancisco,San Jose and Washington,DC
Working together,G EC s
"" "'�-• " "` •` Led b mayors and count su
......
Development Directors Team and the y y y pervlsors,GPEC
Community Building Consortium Identified key convened key executives to demonstrate the
. a assets in the region for investment promotion investment and supply chain opportunities
t g p available in Greater Phoenix
through a REIT/develo er task force GPEC's
business development team targeted and ,[PLACE A RAZOR-SHARP FOCUS
- 0° attended conferences with leaders in national
real estate and development Building ON CALIFORNIA
_ a network of development influencers, The business development team led more
' GPEC Integrated development executives than twenty missions into California,targeting
__ ydrand capital managers into the standard high growth technology companies,advanced
sales mission process which includes site manufacturing operations and logistics users
selection consultants,tenant representative The sales missions were part of an aggressive
brokers and corporate real estate executives strategy to bolster direct lead-generation
promoting the assets of the region through engagement with key multipliers and
industry executives California expansions
4 remain a top source of prospects for GPEC
6 FY 2016 ACTION PLAN ` k'
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_
16 ACTION I T E M S
,
ACTION ITEM -+ IMPLEMENTATION PLAN
DRIVES THESE
................................................................................................................................ ....................... .. FYI METRICS
Accelerate California California continues to generate the majority of prospects.As such,
Technology,Corporate GPEC will target advanced manufacturing,distribution and technology pipeline of qualified
Headquarters and companies,as well as key multipliers,REITs,venture capitalists and prospects
Manufacturing corporate real estate executives in California,through strategic marketing
Opportunities efforts and direct engagement with companies with California corporate
headquarters Pipeline of qualified
International prospects ;
Following the success of road shows in Silicon Valley,Vancouver,and San Total number of jobs
Host National Francisco,GPEC will execute three missions with major events,to be led by created
_
and International -♦ the region's mayors and Mancopa County Supervisors.Supported by GPEC
Road Shows Investors,the organization will convene key executives and multipliers and Payroll generated
demonstrate the regional value proposition to targeted Industry leaders
........ .. ........ ...... Average high-wage
Following successful missions Into Toronto,GPEC will expand Its efforts in salary
the Ontario Province while evaluating additional opportunities in Eastern
Expand FOI Activities Canada.In addition,the UK is predicted to be the fastest growing economy
in Canada and Enhance Number of high-wage
Efforts in the United of the G7,and Its economic growth,along with Its strong financial services Lobs created i
Kingdom and Western —+ and technology sectors,make it an ideal target for FY16 efforts Both the
Europe and Support UK and Western Europe will be approached through conferences and sales
missions,leveraging U.S.-based relationships that have been built over the Stakeholder satisfaction
Efforts in Mexico last two fiscal years GPEC will continue to support state and city's efforts to with business attraction
strengthen relationships and commerce between Arizona and Mexico ;
Last year,GPEC identified and began to profile the top 100 employers in SUPPORTS THESE
the Greater Phoenix region,not headquartered in Arizona This year,GPEC STRATEGIC PILLARS -_
Progress will accelerate efforts to profile these companies and continue establishing
Corporate 100relationships between local community leadership and companies' national Attraction
Programam leadership in order to mitigate potential contraction,as well as identify
areas of opportunity for new growth and expansion. International
By expanding its visitation program with site selection consultants and Regional Brand
Solidify Reputation multipliers(e g.,law firms,financial institutions),GPEC will continue
as Best-in-Class to solidify its reputation as a best-in-class economic development GPEC Brand
Economic Development organization In addition,top site selection consultants will evaluate the
Organization services provided by GPEC's business development team,including the
use of advanced labor analytics and cost analysis tools,relative to other
market leaders nationally.
Z
FY 2016 ACTION PLAN 7
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COMPETITIVENESS
low
V r.
V GUIDE NEW,STRATEGIC BUSINESS OPPORTUNITIES
, - through geographic and industry trend analyses
EVALUATE TARGETED, SOUND ECONOMIC DEVELOPMENT PROGRAMS
that enhance regional and state competitiveness
� = FY 15 M I LESTO N ES
f tr•
.... �'I LAUNCH VELOCITY C� CONVENE EXECUTIVE (FISSION
Velocity has launched with an Interim Board TO �NASHINGTON D C
„ of Directors led by regional business and civic In May.GPFC led a mission of more than 50
r leaders With guidance from the advisory executives,mayors and county supervisors
� -- r. committee,the Velocity Board began the from around the state to Washington,DC
ti = process of forming an independent 50](c)3 for the organvation's biennial mission to
and developing a communication strategy the nation's capitol Focusing on workforce
» :.
—` lie
development,entrepreneurship and
11 " v EXECUTE GLOBAL CITIES INITIATIVE
" > innovation, international investment and
Through participation in the Brookings'Global trade and aerospace and defense,GPEC met
Cities Initiative,the region's export plan was with the state s congressional delegation and
created The plan will be operationalized influential leaders to discuss the region's
with the assistance from the Arizona Small competitiveness
Business Association Among the first
steps in the implementation will be grant
as development and fundraising, marketing and
communication, and creation of Metro Phoenix
Export Alliance
8 1 FY 2016 ACTION PLAN " ��
3 6
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DRIVES THESE
F Y 1 6 A C T 1 0 N I T E M S FYI METRICS
Pipeline of qualified
ACTION ITEM -► IMPLEMENTATION PLAN
prospects
................................................. .......... ................................. ............. . . ... . .. .... .... ................ ;
Operationalize Executives of key regional industries will convene and use data analysis Average high-wage
a Council on —+ and best practices to make policy recommendations that will lead to an salary
Competitiveness improvement in the region's competitive position.
... ..... .. .... . .... Emerging technology
GPEC will continue to evolve the Community Partnership Program, assists
Elevate Communitybroadening the scope to holistic economic development approaches In FY16,
_+ GPEC will work closely with the economic development directors and civic Competitive position s
Partnership Program leadership,engaging and reinforcing regionalism as an effective framework progress
for achieving economic prosperity for all communities.
GPEC will look to the density of economic activity in the region,with the aim SUPPORTS THESE
of analyzing current concentrations and existing assets to profile"High- STRATEGIC PILLARS
Launch High-Impact Impact Districts"and their surrounding areas GPEC will collaborate with
Districts Strategy MAG and communities on data analytics,which will support marketing, Market Intelligence
strategic planning and policy development around growing these districts
Next Generation ;
GPEC will build on the proven market intelligence model,which focuses
on expanding industry analysis and the Corporate 100 program.Update Attraction
Perfect Market the aerospace and defense analysis and assess the continuing impact of
Intelligence Platform sequestration on the industry GPEC will formalize its market Intelligence International =_
strategy as a regional business retention and expansion model in
collaboration with the chambers and other organizations Regional Brand
GPEC will continue to engage and support successful implementation of GPEC Brand
Support Velocity Velocity,which includes operations and governance,the launch of early- '
Implementation stage projects,and communications and outreach. Capital Markets/
Venture Formation
s
s
FY 2016 ACTION PLAN 9
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seal".%... � i�'" �-• Y
r - _ INK
MARKET AND PROMOTE THE REGION'S STRENGTHS AND ASSETS
innew markets using non-traditional tools
CONTINUE TO POSITION GPEC AS A RELIABLE RESOURCE
t _ r for stakeholders, policy-makers,citizens and media on key economic development Issues
L�?*Lb --ic
- FY 15 MILESTONES
EZ'TARGETED LEAD-GENERATION EZISUPPORT SUPER BOWL XLIX
.� FOR BUSINESS DEVELOPMENT Targeting the C-Suite of global companies,
g g P GPEC supported the Super Bowl Host
A beta-test of a digital lead- en campaign AP P
was executed,allowing GPFC to analyze the Committee and Arizona Commerce Authority
-- •-; .� behavior of leads to determine what they are to host 60 top executives to the region during
�,•�- trying to identify,how they search, and their Super Bowl XLIX The four-day program
preferred method of interaction The results showcased business,innovation and lifestyle
_.
led to new leads,prospects and locates A opportunities that exist in Greater Phoenix
—" - California microsite plan was developed and and facilitated dialogue among the region's
will be launched in FY16 CEOs and community leaders with key
. � executives from major brand enterprises
5?PROMOTE COUNTY COMPETES
Partnering with Mancopa County,GPEC
developed a content-specific marketing
1 „ presence to raise awareness among clients on
_ n the County's proactive and rapid willingness
.:. to meet business needs The website is being
marketed to site selections consultants, key
, _.._._ industry executives and serves as a resource
k for active GPEC clients
10 FY 2016 ACTION PLAN
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FY 16 ACTION ITEMS
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ACTION ITEM -+ IMPLEMENTATION PLAN
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GPEC will use strategically-created content and messaging to elevate the
Create a Microsite regional brand in California markets Content will Influence prospects at key DRIVES THESE
for California points in their expansion plans,ultimately fueling leads Into GPEC's pipeline FYI 6 METRICS '
and directing them to our California microsite with highly-targeted content.
i
Pipeline of qualified
GPEC will host leading print and broadcast media,Inviting them to tour prospects
Host In-bound the Greater Phoenix region The purpose of these tours will be to showcase
--► the pro-business climate that exists in Arizona,as well as to promote the
National Media Tour Pipeline of international
community vibrancy,diversity and economic character of GPEC's member
prospects
communities '
Total reach of editorial '
GPEC will develop regular content on economic development and related placements
Scale Digital industry topics through various social media platforms.The content will
Media Strategy be further disseminated through digital ambassadors to promote GPEC SUPPORTS THESE
as a thought leader in economic development.The strategy is designed to STRATEGIC PILLARS
dramatically extend GPEC's media reach.
Attraction '
GPEC will create a digital warehouse of GPEC collateral and data to better
Construct a _+ facilitate business development efforts.The repository will serve as an Regional Brand "
Digital Warehouse evolving library to ensure that marketing materials and other key information
are current,and easily accessible from any device. GPEC Brand
The design and content of GPEC's website will be updated to better
Enhance GPEC's showcase the organization's advanced analytics capabilities and the region's
Website with -4 overall value proposition The site will be more responsive,take advantage
Smart Integration of user-experience best practices and interface with an enhanced customer ;
relationship management software,allowing the organization to better
identify and track leads for business attraction
i
i
FY 2016 ACTION PLAN 11
Y y�
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. �. LEADERSHIP COUNCILS
J AN D ADVISORY
-_ The collective professional expertise of GPEC's councils and advisory groups
helps shape the or anization's key initiatives leverages connections to further
p p g Y g
- business development and competitiveness efforts, and supports Implementation
of programs.
COMPETITIVENESS COUNCIL* HEALTHCARE
Executives of key regional Industries will LEADERSHIP COUNCIL
convene and use data analysis and best Works to advance a healthcare initiative for
practices to make policy recommendations the region and establish Greater Phoenix as
that will lead to an Improvement in the a center of excellence anchored by innovative
region's competitive position. assets and world-class leadership.
-, COMMUNITY BUILDING INTERNATIONAL
CONSORTIUM* LEADERSHIP COUNCIL*
— Applies collective commercial real estate Advises on the direction and Implementation
experience to help capture business of GPEC's foreign direct Investment efforts,
development opportunities and increase the and provides guidance to Increase program
region's transactional capabilities. Impacts.
.�
ECONOMIC DEVELOPMENT MAYORS AND SUPERVISORS
_ — DIRECTORS TEAM COUNCIL
Advises CEO and staff on local economic Convenes mayors of GPEC's municipalities
_-�,� development trends,offers Insight on pulse and County supervisors for regular updates
of city/town council and partners with GPEC on strategic initiatives
to finalize location decisions
RESOURCE DEVELOPMENT
GPEC NEXT LEADERSHIP COUNCIL* COMMITTEE
- - -� Ensures the organization operates in a Guides resource development efforts and
model that is innovative,integrated and executes fundraising strategies to ensure
proactive sustainabdity of GPEC's programs and
services.
Eligibility determined by investment level or strategic appointment
12 i FY 2016 ACTION PLAN
y — -
0 V E R N A C E n
BOARD OF DIRECTORS EXECUTIVE COMMITTEE
Provides effective oversight of the Acts on behalf of the Board of Directors,
organization and helps shape GPEC's advising on strategic direction and overall _. .. —,
influence as a regional thought leader. performance of annual goals. _-.
BOARD - LEVEL COMMITTEES
PERFORMANCE COMMITTEE AUDIT COMMITTEE
Evaluates the performance of the organization Assesses internal controls and oversees }--~ -
and the President&CEO. auditors and the annual audit. 1.--
NOMINATING COMMITTEE FINANCE COMMITTEE
Serves to nominate the At-large Directors and Sets financial objectives for the organization --77
j
Board officers,and recommends candidates and recommends the annual budgets as part �. rr
to the board for approval,based on of the Action Plan
nominations received from mayors of member
communities — „�;, i <.
A M B A S S A D 0 R S --Alum
' .
At the foundation of GPEC's engagement activity are Ambassadors, whose broad t -
range of professional backgrounds lend critical assistance to regional business-
climate improvement and business development efforts. _n �--
_.�
AMBASSADORS AMBASSADOR
Help communicate,educate and inform STEERING COMMITTEE '= -
stakeholders,policy-makers,citizens Advises on strategic direction of
and media about key regional economic Ambassadors Program;designs activities �.
development Issues. relevant to and in support of GPEC's
CERTIFIED AMBASSADORS mission,serves as a sounding board ' µ ,
for emerging initiatives and supports
Ambassadors who have satisfied program Implementation of programs
criteria,qualifying them to serve as an
extension of the GPEC team Certified
Ambassadors are given unique opportunities
to interface more closely with GPEC's -
staff and board on program initiatives and
mission-critical efforts
FY 2016 ACTION PLAN 13
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Avg a
KEHOLDERS
AS OF APRIL 15,2015
_ _ . M E MB E R C 0 1101M J N I T I E S
` = Mancopa County Gila Bend Queen Creek
Apache Junction Gilbert Scottsdale
Avondale Glendale Surprise
Buckeye Goodyear Tempe
Casa Grande Mancopa Tolleson
Chandler Mesa Wickenburg
El Mirage Peoria Youngtown
_ m Fountain Hills Phoenix
_ r
. . - P L A T I N U M
MORS.
�-==Y _ Alliance Bank of Arizona Cox Communications Mayo Clinic
' '- American Airlines D.L Withers Construction MidFirst Bank
Apollo Education Group Dignity Health National Bank of Arizona
APS DMB Associates Parkway Properties
Arizona Cardinals Ernst&Young Phoenix Suns
Arizona Diamondbacks Freeport-McMoRan Polsinelli PC
.a, Arizona State University Copper&Gold Quarles&Brady
Bank of America Goodwill of Central Arizona RED Development
Banner Health Grand Canyon University Republic Media
- - BBVA Compass Intel Corporation Squire Sanders
Cancer Treatment Centers Kitchell SRP
of America Maracay Homes Valley Metro
Chase Maricopa Wells Fargo
CopperPoint Mutual Community Colleges
14 fY 2016 ACTION PLAN
0 L
Aetna Green Loop Solutions Snell&Wilmer
BDO Hensley Southwest Airlines
BlueCross BlueShield Hines Southwest Gas Corporation
of Arizona Infusionsoft Sun Health
BMO Harris Bank JE Dunn Construction Sunbelt Holdings
Bryan Cave Jones Lang LaSalle Target Commercial Interiors
Brycon Construction Layton Construction Thunderbird School
Bury Lee and Associates of Global Management
Canyon State Credit Union Lewis Roca Rothgerber Transwestern Commercial
CBRE Liberty Property Trust Services
Celgene Corporation M+W Group Tratt Properties
Centuryl-ink Macerich TriWest Healthcare Alliance g
Chanen Development Co. The McShane Companies TruPath
Colliers International Meritage Homes U.S.Bank
Crescent Crown Distributing Mortenson Construction University of Arizona
Cushman&Wakefield Nationwide Realty Investors USAA
Daedalus Real Estate Northern Trust ViaWest Group .
Advisors Okland Construction Ware Malcomb - �_ -
Delcitte Opus Development Company Waste Management
DTZ Phoenix Children's Hospital Weitz Company 's -
- _,�-±-- :=_�iwYn. ---•ram- ---,
El Dorado Holdings Renaissance Companies Wespac Construction -
Empire Southwest Ryan Companies Willmeng Construction T
Gammage&Burnham Saint Holdings Wist Office Products
Gilbane Building Co. Siemens Wood,Patel&Associates
Goodmans Interior Structures Skanska USA Building
Google SmithGroup
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A.T Still University Coe&Van Loo Consultants On Q Financial
AAA Arizona CORE Construction Osborn Maledon V _
Ak-Chin Industrial Park Board Costar Group PHX Architecture 76*
Air Products and Chemicals Deutsch Architecture Group The Plaza Companies _
Arizona Business Bank Dibble Engineering Queen Creek/Landmark Co
Arizona Community Dircks Moving&Logistics Radstad
Foundation DIRTT Resolution Capper Mining
Arizona Office Technologies Fervor Creative St Clair Technologies
Avnet Globe Corporation Sun State Builders
Balfour Beatty Construction Hunt Construction Group Sunstate Equipment — - .—Ago.
Bank of Arizona Jennings,Strouss&Salmon Company
BNSF KTAR Tallwave s
Bristol Global Mobility Kutak Rock Ultimate Staffing Services
Brownstein Hyatt Merit Partners Volo Holdings
Farber Schreck Midwestern University Voit Real Estate Services , —
CBIZ MHM MSS Technologies � - .-�_ w�.
Clark Hill PLC NRG Thermal '
B R O N Z E F7 ; -
The Alter Group Green Card Fund McCarthy Building Companies
Applied Economics Hillwood Newmark Grubb Knight Frank = +
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Butler Design Group HonorHealth Plant Solutions e
Gallagher&Kennedy KPMG Sundt Construction s - -
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Guided Therapy Systems Land Advisors Organization Vermaland 77
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2 N.Central Ave,Suite 2500,Phoenix,AZ 85004 y Ji
Phone 602.256 7700 Fax 602 256 7744
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EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2015-2016
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors
1. Payroll Generated $205.5M
2. Total Number of Jobs Created 4,794
3. Total Number of High-Wage Jobs 2,493
4. Average High-Wage Salary 551,574
5. Emerging Tech Assists 10
6. Number of Qualified Prospects 210
7. Number of Qualified International Prospects 37
8. Total Reach of Editorial Placements/Exposures 275M
GPEC continues to target high-wage industries Advanced Business Services;Advanced Manufacturing,Aerospace
&Aviation,Logistics&E-Commerce,Mission Critical,Emerging Technologies(including CyberSecunty&
Educational IT),Healthcare&Biomedical;Renewable Energies
Page 1 of 1
EXHIBIT C
TARGETED INDUSTRIES
FY2015-2016
GPEC and our member communities have identified targeted industries on a local and regional level,
incorporating these industries into a regional economic development plan For fiscal year 2015-2016,
GPEC will continue its emphasis on the following Advanced Business Services;Advanced
Manufacturing,Aerospace&Aviation;Logistics&E-Commerce,Mission Critical, Emerging
Technologies(including CyberSecunty&Educational IT), Healthcare&Biomedical,Renewable
Energies.
Member communities will target the following:
Apache Junction
Business services; environmental technologies research and manufacturing, standard and advanced
manufacturing,regional and corporate centers;medical institutions and/or associated satellite operations,
mining support facilities,resort/tourist-onented development; filmmaking(location shooting),expanded
retail opportunities
Avondale
Advanced business services/information technology,renewable energies;Bio/medical/life sciences,
manufacturing;higher education/lifelong learning,amateur sports and tourism
Buckeye
Advanced business services,renewable energy,high tech (data center and services),environmental
technology/sustainability, standard manufacturing,medical and educational institutions;
transportation/distribution;small business/incubator, aerospace/aviation
Casa Grande
Aviation/aerospace;biosciences and sustainability,corporate/regional headquarters,healthcare and
medical services, standard manufacturing and transportation and distribution
Chandler
Advanced business services,corporate/regional headquarters,high-tech electronics and software
development, aerospace/aviation and advanced materials,biosciences and sustainability
El Mirage
Business Services; standard and advanced manufacturing, transportation,warehousing/distribution,heavy
industrial,food,fiber,and natural products; aerospace aviation
Fountain Hills
Advanced business services(professional,technical,and scientific services including finance and
insurance),healthcare,medical,bio-life sciences and wellness,medical and educational institutions,arts,
entertainment and recreation;retail
Gila Bend
Clean technology(manufacturing/central station generation/R&D),
warehousing/transportation/distribution,military supply chain;tounsm/hospitality;standard
manufacturing; agriculture/agn-biotechnology, food,fiber and natural products,aerospace/aviation,
heavy industrial
Page l of 3
i
Gilbert
Advanced business services;information communication technology,aerospace/aviation and defense,life
sciences,clean and renewable technology;and related corporate/regional headquarters
Glendale
Advanced business services, aerospace and defense,education;healthcare/medical,
hospitality/entertainment,manufacturing,renewable energy,technology
Goodyear
Advance financial/business services;high-tech electronics and software development; aerospace/aviation,
advanced materials,biosciences(treatment,medical diagnostics,research)and senior industries; food,
fiber and natural products,transportation/distribution, standard manufacturing,environmental technology,
sustainability
Maricopa(City)
High-wage employers(salaries averaging at least 125%of the median wage in Mancopa County)that
generate at least 80%of income from exporting goods and services outside the region
Mesa
Primary Target Industries: Healthcare,education, aerospace/aviation/defense and tounsm/technology
Secondary target industries Advanced business services, standard and advance manufacturing;regional
and corporate centers,research&development,bioscience,medical devices
Peoria
Advanced business services,high technology(data centers,R&D);life sciences and healthcare
technologies;advanced medical services,educational institutions,advanced and standard manufacturing;
clean technologies research and manufacturing, entertainment and tourism
Phoenix
Bio-life sciences; advanced business services,manufacturing, sustainable industries and enterprises;
higher education,world business,trade and FDI; and established/emerging enterprises,healthcare
Queen Creek ^
Aerospace and aviation;health and wellness, arts,culture and experience, education,clean and renewable
energy and water, family/youth&children activity destinations
Scottsdale
Bio-life sciences,advanced business services,technology and innovation(including ICT and
entrepreneurship/emerging enterprises);higher education;hospitality/visitor trade and commerce
Surprise
Energy(emphasis on renewable and firming); sustamability-centric industries,biomedical/medicine,
advanced business services,manufacturing and distribution(emphasis on advanced manufacturing);
education(K-12,and emphasis on higher education),semiconductor/microelectronics,aerospace and
aviation,entrepreneunal/emerging technology
Tempe
Advanced business services(financial services), high tech/software(R&D,data center and services),
high-tech/next generation electronics,aerospace R&D/aviation,bioscience(research,drug development,
treatment,medical diagnostics),corporate/regional headquarters;sustamability(environmental),
advanced matenals/plastics, senior industries,clean tech,renewable energy and manufacturing
Page 2 of 3
Tolleson
Aerospace and advanced materials; food, fiber and natural products, transportation/distribution, standard
manufacturing, environmental technology, sustainability
Wickenburg
Standard manufacturing, transportation& distribution;rail services,mining support facilities, renewable
r energy,healthcare and medical, educational institutions; tourism and filmmaking; expanded retail
operations
Youngtown
Youngtown is in the throes of developing a commerce park. The park will target second-stage small
manufacturers with some related retail and offices
Page 3 of 3
EXHIBIT D
FY 2015-2016
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal %of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
AVERAGE HIGH WAGE SALARY
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
EMERGING TECHNOLOGY ASSISTS
QUALIFIED PROSPECTS
INTERNATIONAL PROSPECTS
TOTAL REACH OF EDITORIAL PLACEMENTS
GPEC continues to target high-wage industries(Advanced Business Services,Advanced Manufacturing,Aerospace
&Aviation,Logistics&E-Commerce, Mission Critical, Emerging Technologies(including CyberSecunty&
Educational IT), Healthcare&Biomedical, Renewable Energies
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
Page 1 of 1
EXHIBIT E
INSURANCE REQUIREMENTS
The City's insurance requirements are minimum requirements for this Agreement and in no
way limit the indemnity covenants contained in this Agreement. The City in no way warrants
that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that
might arse out of this Agreement for GPEC, its agents,representatives, employees or
Contractors and GPEC is free to purchase such additional insurance as may be determined
necessary
A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as
broad as the categories set forth below with limits of liability in amounts acceptable to
the City
1. Commercial General Liability-Occurrence Form
(Form CG 0001, ed. 10/93 or any replacements thereof)
General Aggregate/per Project
Products-Completed Operations Aggregate
Personal&Advertising Injury
Each Occurrence
Fire Damage(Any one fire)
Directors and Officers
Medical Expense(Any one person) Optional
2. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
(Form CA 0001, ed. 12/93 or any replacement thereof)Combined Single Limit
Per Accident for Bodily Injury and Property Damage
3. Workers' Compensation and Employers' Liability
Workers'Compensation Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and approved
by the City If not approved, the City may request that the insurer reduce or eliminate such
self-insured retentions with respect to City, its officers, officials, agents, employees and
volunteers
Pagel of 3
C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the
following provisions•
1. Commercial General Liability
a The City, its officers, officials, agents, employees and volunteers are to be
named as additional insureds with respect to liability ansing out of activities
performed by or on behalf of GPEC, including the City's general supervision of
GPEC; products and completed operations of GPEC; and automobiles owned,
leased,hired or borrowed by GPEC.
b GPEC's insurance shall include broad form contractual liability coverage
c The City, its officers, officials, agents, employees and volunteers shall be
additional insureds to the full limits of liability purchased by GPEC, even if those
limits of liability are in excess of those required by this Agreement.
d. GPEC's insurance coverage shall be primary insurance with respect to
City, its officers, officials, agents, employees and volunteers Any insurance or
self-insurance maintained by City, its officers, officials, employees or volunteers
shall be in excess of GPEC's insurance and shall not contribute to it
e GPEC's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability
f Coverage provided by GPEC shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
g The policies shall contain a waiver of subrogation against City, its
officers, officials, agents, employees and volunteers for losses ansing from work
performed by GPEC for the City.
2. Workers' Compensation and Employers' Liability Coverage. The insurer
shall agree to waive all rights of subrogation against City, its officers, officials,
agents, employees and volunteers for any and all losses ansing from work
performed by the Contractor for the City
D. Notice of Cancellation. Each insurance policy required by the insurance provisions of
this Agreement shall provide the required coverage and shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty(30)calendar
days' prior written notice has been sent to City at the address provided herein for the
giving of notice Such notice shall be by certified mail,return receipt requested
Page 2 of 3
E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
approved unlicensed companies in the State of Arizona and with a "Best's" rating of not
less than A-•VII City in no way warrants that the above required minimum insurer rating
is sufficient to protect GPEC from potential insurer insolvency
F. Verification of Coverage GPEC shall furnish City with Certificates of Insurance
(ACORD form or equivalent approved by City) and with original endorsements effectmg
coverage as required by this Agreement. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf Any policy endorsements that restrict or limit coverage shall be clearly
noted on the Certificate of Insurance
All certificates and endorsements are to be received and approved by City before work
commences Each insurance policy required by this Agreement must be in effect at or
prior to commencement of work under this Agreement and remain in effect for the
duration of the project
All certificates of insurance required by this Agreement shall be sent directly to City at
the address and in the manner provided in this Agreement for the giving of notice City's
Agreement/Agreement number, GPEC's name and description of the Agreement shall be
provided on the Certificates of Insurance City reserves the right to require complete
certified copies of all insurance policies required by this Agreement, at any time
G. Approval During the term of this Agreement, no modification may be made to any of
GPEC's insurance policies which will reduce the nature, scope or limits of coverage
which were in effect and approved by the City prior to execution of this Agreement.
Page 3 of 3
EXHIBIT F
Regional Cooperation Protocol Policy
Greater Phoenix Economic Council and Economic Development Directors Team
The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved
GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is
important that they work together as partners on projects involving the communities which GPEC represents,
regardless of the source of the lead,as follows
1. Demonstrate a commitment to the positive promotion of the Greater Phoenix,specifically,GPEC
member communities,as a globally competitive region
2 Maintain the highest standards of economic development prospect handling,including confidentiality,
without jeopardizing a prospect's trust to secure the probability of a regional locate.Partners agree to
respect the prospect's request for confidentiality but also agree to notify each other as to the existence of
a project with a confidentiality requirement when able and shall make a good-faith effort to involve the
appropriate state,regional or local partners at the earliest possible time
3 Unless otherwise restricted,agree to coordinate through GPEC for any prospect considering a project in
Mancopa County or in any of the communities that GPEC represents,understanding that GPEC is in a
unique position to represent and speak on regional economic development issues and on characteristics
of the region's economy. Likewise,GPEC acknowledges that communities are in the best position to
speak about local incentives and efforts surrounding the local economy
4 For projects that originate with a GPEC member community,GPEC will be available for confidential
research access,topical expertise or as a service provider,to add value to the community in secunng the
project Additionally,GPEC will not a-track the project unless the community lead makes such a
request to do so
5 Provide accurate and timely information in response to specific requests by all prospects.When a client
has narrowed sites to specific GPEC member communities,GPEC will make a good-faith effort to
inform those affected EDDT members first EDDT members agree to provide information solely on
their own community when the information requested is site-specific(i.e.,cost of land,taxes,
development fees,utility availability and cost,zoning process timing,permit timing and local
incentives) When site-specific information related to other GPEC communities is requested,EDDT
members agree to(i)direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects
to contact the affected communities directly,and as a courtesy,contact the affected communities
6 Agree that regardless of the lead source,public locate announcements shall be coordinated among the
company, GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners
(subject to any confidentiality requirements)
7 GPEC and EDDTs will advocate for a robust operating budget for the state economic development
agency,and champion sound statewide economic development programs and policies.
8 Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies
with current operations in another GPEC community
9 Inform GPEC member community when a company visits or physical site visit within that community
will occur Economic Development Directors will be the primary point of contact for the company when
community information is needed
Pagel of 2
10 Agree that the consideration of a future community to GPEC's membership will be brought before
EDDT for discussion in advance of any board consideration EDDT will make a recommendation on the
addition of a new community to GPEC's President and CEO
11 Formalize a process to convene GPEC and Economic Development Directors of GPEC member
communities biannually,and cooperate in the exchange of information and ideas reflecting practices,
procedures and policies relating to prospect handling and regional economic development.
12 Work collectively to maintain a high level of trust and integrity by and between GPEC and the
Economic Development Directors of GPEC member communities,utilizing differing views as an
opportunity to learn
13 When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to
ensure coordination and communication
14. When a PIF is issued by the state economic development agency GPEC will coordinate the region's
response. All PIF submissions will be directed to GPEC's attention and GPEC will assemble the
response and return to the state economic development agency
15. It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization
tour(s)to promote the regional communities GPEC will make every attempt to provide as much
interaction time between the executour guests and EDDTs It is understood EDDTS will inform GPEC
of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office.
16 Partners agree to enter into a mediation process if there is evidence that this Protocol has not been
observed in a material respect or a professional conflict arises that cannot be settled This mediation
process will be convened by the EDDT Chair,who may, at his/her discretion,consult or involve
GPEC's President and CEO in addition to others with topical expertise central to the conflict
Page 2 of 2
.�.
City of Apache Junction, Arizona 300E Superstition
Boulevard
vt` Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 2
File ID- 15-173
Sponsor E'Lan Vallender Agenda Date-6/15/2015
Index. Budgetary Item In Control City Council Work Session
Presentation and discussion on the Request for Qualifications for the Operation of a Local
Visitor Information Center Staff will discuss the bid, opened on May 6, 2015, for the operation
of a local visitors center Two bids were received and staff will be prepared to present the
review committee's recommendation for award of the bid
Attachments-
City of Apache Junction,Arizona Page 1 Printed on 611012015
April 15, 2015
Re Invitation for Request for Qualifications ("RFQ") —Operation of a Local Visitor Information Center
Dear Interested Service Provider
You are invited by the City of Apache Junction to submit an RFQ for the operation of a Local Visitor
Information Center Enclosed are a Scope of Work and a Questionnaire.
Apache Junction is located on the eastern rim of the Phoenix metropolitan area, near the base of the
scenic Superstition Mountains The community is easily accessible by U S 60, the Superstition
Freeway More than 800 retail and service businesses currently operate within the city
In addition to a seasonal influx of local and international tourists, Apache Junction's climate and
proximity to recreational and historical areas draws more than 40,000 winter residents annually While
the exact number of winter residents changes monthly, it is estimated that the population of the City
from mid-October to mid-April increases to nearly 80,000 residents
Selection of a firm will be based on review of the RFQs However, the City reserves the right to
interview the most qualified firms based on the number of submittals and relative credentials Submitted
materials should be brief and concise. Unnecessary marketing information or firm boilerplate is
discouraged The outside of the submittal package shall be labeled "OPERATION OF A LOCAL
VISITOR INFORMATION CENTER" Please include five (5) copies of the submittal, which shall be
accepted in-person at the City Clerk's Office at 300 E. Superstition Blvd , Apache Junction, AZ 85119
until 2 00 p m Wednesday, May 6, 2015. Faxed, e-mailed, or late submittals will not be accepted.
All questions regarding the RFQ should be directed to
Janine Solley, Principal Economic Development Specialist
300 E Superstition Blvd.
Apache Junction, AZ 85119
(480) 474-5076
jsolley@ajcity net
We thank you for your interest in Apache Junction
ncerely, ?
J nine Solley
Principal Economic Development Specialist
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REQUEST FOR QUALIFICATIONS
FOR
OPERATION OF A LOCAL
VISITOR INFORMATION CENTER
r
CITY OF APACHE JUNCTION
300 E. SUPERSTITION BLVD.
APACHE JUNCTION, ARIZONA 85119
APRIL 2015
r-• A-Ak
NOTICE INVITING REQUEST FOR QUALIFICATIONS
FOR
OPERATION OF A LOCAL
VISITOR INFORMATION CENTER
lmnft
The City of Apache Junction, Arizona invites sealed bids for:
OPERATION OF A LOCAL
VISITOR INFORMATION CENTER
Request for Qualification ("RFQ") forms and requirements are available at the City Clerk's office
at 300 E Superstition Blvd., Apache Junction, Arizona 85119, at no charge
Each bidder shall provide such information as may be required by the City as evidence that
he/she is qualified to provide the products or services as required
Each bidder shall utilize the questionnaire in the RFQ as the template for submittal Envelopes
should be sealed and addressed to the City Clerk at the above address. Envelopes should be
marked "OPERATION OF A LOCAL VISITOR INFORMATION CENTER."
Bidder shall mad or deliver five (5) copies of the submittal to the City Clerk's Office, which shall
accept such response until 2:00 PM, Mountain Standard Time,Wednesday, May 6, 2015 at
which time and place the bids will be opened and read as a matter of public information
Any bid received after the closing time will be returned unopened The City of Apache Junction
reserves the right to reject any/all bids received, and to waive technicalities and informalities.
Additional information can be obtained from the City's Economic Development Department, at
(480)474-5076
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KATHLEEN CONNELLY
City Clerk
AdMkk A..
TABLE OF CONTENTS
Introduction Page 4
Overview of Project Page 4
Selection Criteria Page 6
Schedule of Events Page 7
Scope of Work Page 8
Questionnaire Page 9
Sample Professional Services Agreement—Exhibit "A" Page 10
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INTRODUCTION
The City of Apache Junction is soliciting proposals from qualified service providers to operate a
local visitor information center (the"Center") The selected service provider will complete the
contracted scope of work under the general direction and coordination of the City's Economic
Development Department.
OVERVIEW OF THE PROJECT
Background:
Apache Junction sits at the base of the scenic Superstition Mountains, a symbol of its solid ties
to a unique history, heritage and culture, It is a city primed to carve out and claim its distinct
position within the region It is a place where the natural environment is cherished and
preserved, and where arts and culture play a vital role, as well as recreation activities including
horseback riding, mountain biking and hiking Apache Junction takes pride in its diversity and
strives to be a multigenerational, fully-integrated community for residents and visitors alike
Individuality, a spirit of adventure, friendliness, novel experiences and quality of life are the
factors that guide the development and governance of the community.
Apache Junction is located on the eastern rim of the Phoenix metropolitan area The community
is easily accessible by U S 60, the Superstition Freeway. More than 800 retail and service
businesses currently operate within the city A variety of lifestyles are offered in Apache
Junction, including western rural acreage, urban single-family residential neighborhoods, active
adult retirement clusters and mixed-age-group living areas
HIGHWAYS US 60, S.R. 88 INCORPORATED 1978
COUNTY. Pinal County ELEVATION: 1,715
DISTANCE TO PHOENIX 36 miles DISTANCE TO TUCSON 102 miles
The Apache Junction Primary Market Area extends from east Mesa on the west past Gold
Canyon to the east This area of approximately 150 square miles has a year-round population of
more than 150,000 residents Based on 2010 Census reports, the current City population is �^
estimated at 36,181 year-round residents
Apache Junction's climate and proximity to recreational and historical areas is estimated to draw
more than 40,000 winter visitors and retirees annually While the exact number of winter
residents changes monthly, it is estimated that the population of the city from mid-October to
mid-April increases to nearly 80,000 residents.
4
..
Obiective:
The City of Apache Junction is seeking to provide a service to current and prospective residents
and visitors whereby individuals looking for information about the Apache Junction area can
have access to free information and resources through an established and clearly identified
Center Friendly, accurate and area appropriate information will be made available so that the
visitor's expenence is enhanced, local attractions and area attributes highlighted and local
businesses featured
The City of Apache Junction is issuing an RFQ for operation of a Center and expects the
following services to be provided-
• Operation of a Center located within the City limits, consistent with the guidelines
established by the Arizona Office of Tourism ("AOT" ) in the Center Criteria effective
July 1, 2008 or as such new/revised guidelines are published by AOT
• Participation in building a sustainable, local economy in a variety of ways such as
providing referrals to city businesses, encouraging return visits, providing local
information packets and/or brochures, and providing a web presence that positively
promotes the area
• Support of local events that promote the area and by support Shop local/Shop AJ efforts
• Promotion of area cultural, historical and recreational attractions
The initial agreement will be awarded for the time period July 1, 2015 through June 30, 2018
This service is funded from the city's annual General Fund in an amount not to exceed
$10,250 00 per quarter
5
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SELECTION CRITERIA
Selection of a service provider will be based on review of the RFQ responses However, the
City reserves the right to interview the most qualified firms based on the number of submittals
and relative credentials. Submitted materials should be brief and concise. Unnecessary
marketing information or firm boilerplate is discouraged The outside of the submittal package
shall be labeled "OPERATION OFA LOCAL VISITOR INFORMATION CENTER" Five (5)
copies of the submittal via U.S Mail or personal delivery shall be included in the submittal and
shall be accepted at the City Clerk's Department located at 300 E Superstition Blvd , Apache
Junction, AZ 85119 until 2 00 p m. on Wednesday, May 6, 2015 Faxed, e-mailed, or late
submittals will not be accepted
Scoring.
Criteria and scoring of the RFQs will be based on the following
Points
Appropriateness of proposed local venue to house the Center within the
city limits, consistent with the guidelines established by the
Arizona Office of Tourism ("AOT") 35
Demonstration of knowledge of current trends, resources, and services
demanded by Center patrons 25
Ability to provide adequate staffing and hours of operation for the Center 25
Ability to collect data on visitors to the Center 15
Total Possible Points 100
Selection Process:
A committee of at least three (3) staff members shall convene and may include, Economic
Development, City Clerk, and Development Services to evaluate the RFQ submittals
Once the submittals have been scored and the most qualified firms identified, the City may
conduct interviews Based on the interviews, the City may further define the scope for the
proposals through discussions with the selected service provider and enter into a contract in a
form similar to Attachment A The maximum budget for the protect is $10,250 00 per quarter for
36 months, subject to city council funding allocation
Protest Procedures:
Responding parties may initiate a protest in writing pursuant to Apache Junction City Code, Vol
I, Chapter 3, Administrative, Article 3-7 Procurement Code, §3-7-5, Bid Protests This code
provision can be viewed online by going to www amlea aq_I com or by contacting the city clerk's
office for a copy
6
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SCHEDULE OF EVENTS
This RFQ will be governed to the extent possible by the following schedule.
Release of RFQ April 15, 2015
`r` Submittals Due to City Clerk's Office May 6, 2015
Completion of Committee Submittals Review May 14, 2015
Completion of Oral Interviews May 21, 2015
Council Discussion June 1, 2015
Council Award of Contract June 16, 2015
7
� '"
SCOPE OF WORK
The services to be provided to the City by interested parties shall include the following
1. Operation of a Center located within the city limits, consistent with the guidelines
established by the Arizona Office of Tourism ("AOT") in the Center Criteria effective July
1, 2008 or as such new/revised guidelines are published by AOT
2. Provide referrals to licensed businesses located within the city limits and referrals to
area cultural, historical and recreational attractions.
3. Refer prospective business inquiries to the City of Apache Junction, Economic
Development Department.
4 Develop, implement and revise a program to encourage return visits to the community
5 Update and reformulate informational packets issued by the Center to include
information on City-sponsored events
8. Provide Internet-based information on licensed businesses located within the city limits,
as well as information on cultural, historical and recreational attractions occurring or
existing within the city and the area
7 Research and update cost estimates for a video tour of the City of Apache Junction and
area attractions
8 Seek out opportunities to participate in a cooperative marketing program in conjunction
with a regional marketing association, firm, agency or consultant and chambers of
commerce to promote city businesses and the area's cultural, historical and recreational
attractions
9 Actively participate with the City in a "Shop local/Shop AX program designed to help
reduce retail sales leakage
10 Enhance city sales tax revenues through the information and services listed above
11. Submit timely quarterly reports to the City on the above activities and expenditure of
public funds.
12. Report at least annually on performance to Mayor and City Council This report will
consist of an appearance by the consultant's staff and/or board member(s) at a City
Council session (Regular or Work)
8
AdSk ..b�
QUESTIONNAIRE
The questionnaire shall act as the template used for the submittal. The responses should
contain sufficient detail to allow the City to evaluate qualifications, understanding of the project,
and creative approach. The submittal will be judged on quality, not quantity The submittal
shall not exceed 10 single-sided pages (excluding resumes)
The following areas/questions shall be addressed,
1 A brief description of the firm's experience with operating a visitors' center, including
location of where services have been provided and length of time providing those
services
2 A list of key personnel (with resumes) within the firm who would be directly involved
in managing and supporting the operation of a local visitor information center, and
the plan for staffing the Center(including proposed hours of operation).
3 The location of the proposed venue for the Center, and written assurance from a
prospective landlord demonstrating the office space can be secured. In addition,
AOT facility compliance shall be demonstrated.
4 Explanation of the top three services, in order of priority, the firm considers most
critical to tourists and visitors
5. Explanation of the type of data collected from Center traffic and how that data is to
be shared with the City
&. The names, titles and contact information for three (3) individuals who could attest to
the firm's ability to deliver visitor center services
7 Acceptability of attached draft Professional Services Agreement (as reflected in
Attachment A) and any exceptions thereto, and reasons for such exceptions.
End of Questionnaire -
Attachment A Follows
9
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT WITH
This Agreement is made as of the day of 20 (the "Effective
Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal
corporation ("City"), and , an Arizona limited liability
company/corporation, ("Consultant"), both of which may be hereinafter referred to
collectively as the "Parties", for the project entitled Classification and Compensation
Study.
RECITALS
A. City desires to retain a consultant to operate a local visitor information
center and to make payment for the same in accordance with the terms and
conditions set forth in this Agreement, including all attachments and addenda
which are appended hereto by mutual agreement of the Parties.
B. The open market procedures set forth in the Apache Junction City
Code have 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 $ , in accordance with the price sheet set
forth in Exhibit B.
3. CONSULTANT BILLING: Consultant shall bill City on a time and
expense basis in a total amount not to exceed Section 2 above. City shall pay
such billings within thirty (30) calendar days of the date of receipt.
4. TERM/RENEWAL: This Agreement shall be effective beginning on
20 and shall remain in full force and effect until
10
is complete, unless otherwise terminated as set forth herein.
Following the initial term, the Parties may not renew or extend this Agreement.
5. CITY'S STANDARD OF PERFORMANCE: City shall furnish
Consultant with all data, information and other supporting services specified in
Exhibit A.
6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing
the services, Consultant shall exercise the reasonable professional care and
skill customarily exercised by reputable members of Consultant's profession
practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence
and best judgment while exercising its professional skill and expertise.
Consultant shall be responsible for all errors and omissions Consultant commits
in the performance of this Agreement.
7. NOTICES: All notices to the a Party required under this Agreement
shall be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following:
If to City: City of Apache Junction
Janine Solley, Principal Econ Dev Specialist
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Consultant:
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.
11
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 deduct►ble and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Consultant shall be solely responsible for the deductible and/or self retention and City,
at its option, may require Consultant to secure payment of such deductibles or self-
insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit
City reserves the right to request and to receive, within ten (10) working days, certified
copies of any or all of the herein required insurance policies and/or endorsements. City
shall not be obligated, however, to review same or to advise Consultant of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Consultant from,or be deemed a waiver of, City's right to insist on strict fulfillment of
Consultant's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional Liability,
required by this Agreement, shall name City, its agents, officers,officials and
employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
Consultant shall maintain Commercial General Liability insurance with a limit of not less
than $1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a$2,000,000 General Aggregate limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including, but
12
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, 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
13
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 etseq
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.
ProfessionalLiabili
Consultant retained by City to provide the work or service required by this Agreement
will maintain Professional Liability insurance covering acts, errors, mistakes and
omissions arising out of the work or services performed by Consultant, or any person
employed by Consultant, with a limit of not less than $1,000,000 each claim.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Consultant shall furnish
City with Certificates of Insurance, or formal endorsements as required by the
Agreement, issued by Consultant's insurer(s), as evidence that policies providing the
required coverages, conditions and limits required by this Agreement are in full force
and effect. The form of the certificates of insurance and endorsements shall be subject
to the approval of the Apache .function City Attorney's Office, shall comply with the
14
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
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
15
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 ( ) months' written notice. If this
Agreement is terminated, City shall be reimbursed from Consultant the amount
paid for any undelivered and/or unaccepted products or services. Upon
termination, City agrees to pay for all delivered, accepted, and properly invoiced
services that were provided up to the announced Termination Date.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Consultant shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Consultant, its agents, employees, or any tier of Consultant's
subcontractors in the performance of this Agreement. Consultant's duty to
defend, hold harmless and indemnify City, its Special Districts, elected and
appointed officers, officials, agents, and employees shall arise in connection
with any tortious claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or destruction of
16
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 Chapter 8 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.
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
17
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 2748 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, 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.
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
18
Agft I'm,
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.
, an
Arizona limited liability company/corporation
By:
Its:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By. John S. Insalaco
Its: Mayor
ATTEST:
AM.,
Kathleen Connelly, City Clerk
APPROVED AS TO FORM:
By,
R. Joel Stern, City Attorney
19
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)
20
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)
21
EXHIBIT A
SCOPE OF WORK
22
AM*. �•.
EXHIBIT B
FEE SCHEDULE
.1*4
23
DATE June 3, 2015
MEMORANDUM TO, The Honorable Mayor and City Councilmembers
MEMORANDUM THROUGH Bryant Powell, Assistant City Manager
Janine Solley, Economic Development Administrator
MEMORANDUM FROM. Elan Vallender, Economic Development Specialist
SUBJECT. Request for Qualifications ("RFQ")— Operation of a
Local Visitor Information Center Staff Recommendation
On April 15, 2015, an Invitation for Request for Qualifications for the Operation of a Local
Visitor Information Center was released The City is seeking a consultant to provide a
service to current and prospective residents and visitors whereby individuals looking for
information about the Apache Junction area could have access to free information and
resources through a clearly identified center.
The City received two submittals from interested service providers, The Apache Junction
Chamber of Commerce and Visitors Center, and the Superstition Mountains Regional
Business Alliance.
As was outlined in the RFQ, a designated review committee (comprised of four City staff
members) reviewed, scored, convened, discussed, and is respectfully making a
recommendation to Council
To get to this recommendation, each member of the review committee conducted an
independent review and independently scored each submittal based on the scoring criteria
outlined in the RFQ The review committee then met to discuss the scores and proposals
Based on the independent and group review.
• Four of four members awarded their highest scores on the proposal to the Apache
Junction Chamber of Commerce and Visitors Center.
• Out of a possible 100 points, the average score received for.
... ..N
o Apache Junction Chamber of Commerce and Visitors Center = 91
o Superstition Mountains Regional Business Alliance = 58 375
While both submittals had strengths, the committee unanimously found the Apache Junction
Chamber of Commerce had a strong competitive advantage with the following
-� • Holding the existing designation as the Local Visitor Information Center (LVIC) as
per the Arizona Office of Tourism (only one LVIC allowed per community)
• A strong history (over 50 years) of successful visitor center operations and perfect
score evaluations for the existing center in the past 10 years as scored by the
Arizona Office of Tourism
• Clearly met all eligibility requirements for the Arizona Office of Tourism for an
Arizona Destination Marketing Organization
• Location of the facility is in the Core Downtown Zone (as identified in the Downtown
Redevelopment and Implementation Strategy), and as a "destination" for visitors, will
draw more people to the downtown area
• Existing partnerships with tourism based entities/attractions that positively promote
the area
• Access to a pool of 25 existing volunteers to staff a center (seven of which have over
10 years' experience in the visitors' center)
The Apache Junction Chamber of Commerce and Visitors Center submittal did identify two
exceptions to the template Professional Services Agreement One related to designating
how the annual contract amount ($41,000) is paid quarterly. The second for auto insurance
requirements since the Apache Junction Chamber of Commerce and Visitors Center does
not own vehicles, but rather utilize their personal vehicles Staff has no concerns over
either of the exceptions noted.
The RFQ calls for the consultant to sign a Professional Services Agreement with the city to
provide visitor center services
Staff respectfully recommends
• The Apache Junction Chamber of Commerce and Visitors Center be awarded the
bid for the Operation of a Local Visitor Information Center
• The contract be effective July 1, 2015 — June 30, 2018 (3-year contract) with an
annual payment not to exceed $41,000
• The contract be approved on Council's July 6, 2015 Consent Agenda
300ESuperstition
City of Apache Junction, Arizona
Boulevard
Apache Junction,AZ 85119
Agenda Item Cover Sheet
Agenda Item No.3.
rto File ID: 15-194
Sponsor. Thomas Kelly Agenda Date 6/15/2015
Index: In Control. City Council Work Session
Presentation and discussion on Ordinance No 1414, amending the Apache Junction City
Code, Vol 1, by repealing Chapter 6, Animals, and adopting by reference a new Chapter
6, Animals
Over the last 15 months, staff has determined the current animal code under Chapter 6 of
the city code needs revision to address out-of-date language and to reflect actual practices
and procedures The proposed changes include definition corrections and additions,
kennel permit modificaitons and clarifications, due process additions and other pertinent
revisions
Attachments-
City of Apache Junction,Arizona Page i Printed on 611012015
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM 160000
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No 4
File ID: 15-184
Sponsor- Thomas Kelly Agenda Date-6/15/2015
Index- In Control City Council Work Session
Presentation and discussion on Ordinance No 1416, amending the Apache Junction City
Code, Vol 1, Chapter 4, Fees, Article 4-3, Animal Control Fee Schedule
Since the last amendment to the Animal Control Fee Schedule in 2008, the City's Animal
Control Division, also known as the"Paws & Claws Care Center," has continued to
experience increased operation and maintenance expenses which necessitates some
adjustments In addition, there is a need to add a new personal dog kennel permit tier to
allow for the keeping of 9-12 dogs The new fees will address these issues and will correct
clerical irregularities
Attachments.
r►.
City of Apache Junction,Arizona Page 1 Printed on 611012015
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING
SECTION UNDER ITEM 13
300E Superstition
City of Apache Junction, Arizona
Boulevard
C� Apache Junction AZ 85119
,tr
z Agenda Item Cover Sheet
Agenda Item No.5.
File ID: 15-198
Sponsor: Shane Kiesow Agenda Date.6/15/2015
Index- In Control: City Council Work Session
Presentation and discussion on 2014 Street Condition Report Staff will present information on
the status of the city's streets, current service level objectives and funding
Attachments
City of Apache Junction,Arizona Page 1 Printed on 611012015
.� low
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Z4 Agenda Item Cover Sheet Apache Junction AZ 85119
r
• ,✓ Agenda Item No 6
�* File ID 15-199
Sponsor- Shane Kiesow Agenda Date 6/15/2015
Index In Control. City Council Work Session
.tea
Presentation and discussion on planned street work for Fiscal Year(FY)2015-2016 Public
Works staff will present the planned FY 2015-2016 Street Maintenance Plan including
elements which influence and change the plan
Attachments.
City of Apache Junction,Arizona Page 1 Printed on V10/2015
FY 2015-16 Street Maintenance Plan
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ 85119
# Agenda Item No 7
File ID: 15-200
Sponsor- Shane Kiesow Agenda Date-6/15/2015
Index In Control City Council Work Session
Aur
Presentation and discussion on the award of contract to Ace Asphalt for street maintenance
crack seal work in various locations in partial fulfillment of Fiscal Year 2015-2016 Street
Maintenance Plan The work would be through Mohave cooperative contract#14Y-ACE-0317
for$226,180 06 with a ten percent contingency of$22,618 00 with a total not to exceed the
amount of$248,798 06
Attachments
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City of Apache Junction,Arizona Page 1 Printed on 611012015
CITY OF APACHE JUNCTION
MAINTENANCE AGREEMENT
Project No . PW2015- 06
"Crack Sealing Maintenance"
THIS AGREEMENT made and entered into by and between the CITY
OF APACHE JUNCTION ("City") , an Arizona municipal corporation,
and ACE ASPHALT OF ARIZONA, INC, an Arizona corporation,
("Contractor") , sometimes individually known as a "Party" and
collectively referred to as the "Parties
RECITALS
A. Contractor asserts its willingness, ability and
qualifications to provide the completed products, goods
and services (the "Work") called for in Proposal #
Cit1005-22a, Cit1003-0ba, Cit1007-707, Cit1006-753,
Cit1008-309, and Cit1004-639, all dated May 1, 2015 and
Mohave Contract # 14Y-ACE-0317 (the "Contract
Documents") .
B City and Contractor desire to set forth herein their
respective responsibilities and the manner and terms upon
which Contractor shall complete the Work
C. City has complied with the public bidding requirements
under Arizona Revised Statutes Title 34 and Apache
Junction City Code ("A J C C ") , Vol I, Article 3-7,
Procurement Procedure
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and
Contractor agrees to render the Work in accordance with the terms
and conditions set forth as follows
1. PROJECT DESCRIPTION: Contractor shall do and perform
or cause to be done and performed in a good workmanlike manner,
the Work in accordance with and as more fully described in the
Contractor' s estimates dated May 1, 2015, Exhibit A, including,
but not limited to
A. Clean as needed and caulk all major cracks (1/4 inch and
wider) with a hot-applied, rubberized crack sealer,
excluding areas with alligator cracking
Ann ...
B Estimated crack sealer quantity is 11, 150 gallons for
this project Written permission from the City will be
requested by Contractor if quantities are expected to
exceed this amount
C. Provide traffic control for the duration of the project .
�•. D. Streets to be included under this project :
a. Broadway Ave from Meridian Dr. to Idaho Rd.
b Superstition Blvd from Meridian Dr. to Apache Trail
(SR 88)
c Thunderbird Dr area as shown in Exhibit B.
d Ironwood Dr from Apache Trail to Superstition Blvd.
e Southern Ave from Ironwood Dr. to Idaho Rd.
f Ironwood Estates II and Cortez Ranch subdivisions as
shown in Exhibit C
2 . PAYMENTS & COMPLETION: The total amount payable by
the City to the Contractor in the amount not to exceed
$226, 180 . 06 (the "Contract Sum") for the performance of the Work
under the Contract Documents . All contracts will be operable for
their full term at the rates quoted in the initial bid proposal,
unless otherwise extended in writing by the City Once City
finds the Work acceptable under the Contract Documents, City
shall promptly submit for processing a certificate for payment
stating that, to the best of its knowledge, information and
belief on the basis of its observation and inspection, the Work
has been completed in accordance with the terms and conditions of
the Contract Documents and that partial payment or the entire
balance due the Contractor is payable.
3 . CONTRACT TERM: Contractor hereby fixes the time for
completion of said Work as August 31, 2015 . This provision does
not limit the liability of Contractor for actual damages
sustained by City as a result of any breach of contract or
warranty by Contractor. Extensions may be approved at times as
the Parties mutually deem fit.
4 . LABOR AND MATERIALS: Unless otherwise provided in the
Contract Documents, Contractor shall provide, pay for and insure
under the requisite laws and regulations all labor, materials,
equipment, tools and machinery, water, heat, utilities,
transportation, other facilities and services necessary for the
proper execution and completion of the Work, whether temporary or
permanent, and whether or not incorporated or to be incorporated
in the Work
S. INSPECTIONS AND QUALITY OF WORK Contractor understands
and agrees that inspection of the Work performed hereunder will
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occur by City Contractor agrees that City will have the
exclusive right to determine, in its sole discretion, whether the
Work has been performed in accordance with the Contract
Documents . Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract
Documents
6. WARRANTY: Contractor shall guarantee the Work against
defective workmanship or materials for a period of one (1) year
from the date of its final acceptance under the contract,
ordinary wear and tear and unusual abuse or neglect excepted.
Any omission on the part of City to condemn defective Work or
materials at the time of maintenance Work shall not be deemed an
acceptance and Contractor will be required to correct defective
Work or materials at any time before acceptance within one (1)
year from the date of acceptance due to faults in workmanship or
materials, Contractor shall begin making the necessary repairs to
the satisfaction of City within fourteen (14) calendar days of
receipt of written notice from City. Such work shall include the
repair or replacement of other work or materials damaged or
affected by making the above repairs or corrective work all at no
additional cost to City In the case of work materials or
equipment for which warranties are required by the special
provisions of the Contract Documents, Contractor shall provide or
secure from the appropriate subcontractor or supplier such
warranties addressed to and in favor of City and deliver same to
City prior to final acceptance of the Work. Delivery of such
warranties shall not relieve Contractor from any obligation
assumed under any other provision of the contract The
warranties and guarantees provided in this subsection of the
Contract Documents shall be in addition to and not in limitation
of any other warrantees, guarantees or remedies required by law,
and shall survive the expiration of this Agreement for the time '^
period mentioned above
7 . TAXES: Contractor shall pay all license, sales,
transaction privilege, consumer, use and other similar taxes for
the Work or portions thereof provided by Contractor which are
legally enacted at the time bids are received whether or not yet
effective or subsequently applicable due to acts of jurisdictions
or bodies other than City.
8. PERMITS & FEES: Unless otherwise provided in the
Contract Documents, Contractor shall secure and pay for all
permits, government fees, licenses and inspections necessary for
the proper execution and completion of work which are customarily
secured after execution of the contract and which are legally
required. Contractor shall give all notices and comply with all
laws, ordinances, rules, regulations and lawful orders of any
public authority bearing on the performance of the Work.
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Contractor represents and warrants that any license necessary for
Contractor to perform the Work under this Agreement is current
and valid Contractor understands that the activity described
herein constitutes "doing business in the City of Apache
Junction" and Contractor agrees to obtain a business license
pursuant to Chapter 8 of the Apache Junction City Code, Vol . I,
and keep such license current during the term of this Agreement .
.�. Contractor also acknowledges that the tax provision of the Apache
Junction Tax Code, Chapter 8A, may also apply and if so, shall
obtain a privilege license. Any activity by subcontractors
within the corporate city limits will invoke the same business
and privilege license regulations on any subcontractors, and
Contractor ensures its subcontractors will obtain any required
licenses and pay all required taxes . If there are taxable
activities, a business license shall be converted to a privilege
license by the Contractor and any subcontractors through the City
Clerk' s Office .
9 . INDEPENDENT CONTRACTOR: Contractor shall at all times
during Contractor' s performance of the services retain
Contractor' s status as an independent contractor. Contractor' s
employees shall under no circumstances be considered or held to
be employees or agents of City, and City shall have no obligation
to pay or withhold state or federal taxes, or provide workers
compensation or unemployment insurance for or on behalf of them
or Contractor. Contractor shall supervise and direct the
delivery of the materials using its best skill and attention
Except as provided in this Agreement, Contractor shall be solely
responsible for all construction means, methods, techniques,
sequences and procedures, and for coordinating all portions of
the Work required by the Contract Documents Contractor shall be
responsible to City for the acts and omissions of its employees,
.•. subcontractors and their agents and employees and other persons
providing any of the Work.
10. SUPERINTENDENT: Contractor shall employ a competent
project superintendent who shall be in attendance at the project
site during the progress of the Work The superintendent shall
represent and be the community agent of Contractor and
communications given to the superintendent shall be as binding as
if given to Contractor Important communications shall be
confirmed in writing The designated superintendent shall be
designated for each project and communicated to City before the
Work is performed.
11. PROGRESS SCHEDULE: Contractor shall, immediately
after entering into this Agreement, generate an estimated Work
progress schedule, which shall be maintained and updated during
the project . Work may progress during regular City business
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hours only if it is determined by City not to disturb normal
operations.
12 . INDEMNIFICATION: To the fullest extent permitted by
law, Contractor shall defend, indemnify and hold harmless City,
its elected and appointed officers, officials, agents, and
employees from and against any and all liability including but
not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising
from or connected with or alleged to have arisen from or
connected with, relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, the Work or
services of Contractor, its agents, employees, or any tier of
Contractor' s subcontractors in the performance of this Agreement
Contractor' s duty to defend, hold harmless and indemnify City,
any special districts, elected and appointed officers, officials,
agents, and employees shall arise in connection with any tortious
claim, damage, loss or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment, or
destruction of property including loss of use resulting
therefrom, caused by an Contractor' s acts, errors, mistakes,
omissions, work or services in the performance of this Agreement
including any employee of Contractor, any tier of Contractor' s
subcontractor or any other person for whose acts, errors,
mistakes, omissions, work or services Contractor may be legally
liable
13 . SUBCONTRACTORS: All subcontractors chosen by Contractor
will be subject to City' s approval. All subcontractors shall be
identified by Contractor prior to award of contract Contractor
shall make no substitutions for any subcontractor, person or
entity previously selected without the approval of City.
14 . APPLICABLE LAW AND VENUE: The terms and conditions of
this Agreement shall be governed by and interpreted in accordance
with the laws of the State of Arizona. Any action at law or in
equity brought by either Party for the purpose of enforcing a
right or rights provided for in this Agreement, shall be tried in
a court of competent jurisdiction in Pinal County, State of
Arizona. The Parties hereby waive all provisions of law
providing for a change of venue in such proceeding to any other
county In the event either Party shall bring suit to enforce
any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement,
it is mutually agreed that the prevailing Party in such action
shall recover all costs including: all litigation and appeal
expenses, collection expenses, reasonable attorneys' fees,
necessary witness fees and court costs to be determined by the
court in such action.
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15. INSURANCE: Contractor, at its own expense, shall
purchase and maintain the herein stipulated minimum insurance
with companies duly licensed, possessing a current A.M. Best,
Inc Rating of B++6, or approved unlicensed in the State of
Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force
�lk and effect until all Work required to be performed under the
terms of the Agreement is satisfactorily completed and formally
accepted, failure to do so may, at the sole discretion of City,
constitute a material breach of this Agreement.
Contractor' s insurance shall be primary insurance as respects the
City, and any insurance or self-insurance maintained by City
shall not contribute to it.
Any failure to comply with the claim reporting provisions of the
insurance policies or any breach of an insurance policy warranty
shall not affect coverage afforded under the insurance policies
to protect City
The insurance policies, except Workers' Compensation, shall
contain a waiver of transfer rights of recovery (subrogation)
against City, its agents, officers, officials and employees for
any claims arising out of Contractor' s acts, errors, mistakes,
omissions, Work or service.
The insurance policies may provide coverage which contains
deductibles or self-insured retentions Such deductible and/or
self-insured retentions shall not be applicable with respect to
the coverage provided to City under such policies Contractor
shall be solely responsible for the deductible and/or self
.M® retention and City, at its option, may require Contractor to
secure payment of such deductibles or self-insured retentions by
a Surety Bond or an irrevocable and unconditional letter of
credit
City reserves the right to request and to receive, within ten
(10) working days, certified copies of any or all of the herein
required insurance policies and/or endorsements City shall not
be obligated, however, to review same or to advise Contractor of
any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from, or be deemed a waiver
of, City' s right to insist on strict fulfillment of Contractor' s
obligations under this Agreement
The insurance policies, except Workers' Compensation and
Professional Liability, required by this Agreement, shall name
City, its agents, officers, officials and employees as Additional
Insureds
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REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance
with a limit of not less than $1, 000, 000 for each occurrence with
a $2 , 000, 000 Products/Completed Operations Aggregate and a r�
$2 , 000 , 000 General Aggregate limit The policy shall include
coverage for bodily injury, broad form property damage, personal
injury, products and completed operations and blanket contractual
coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which
coverage will be at least as broad as that on Insurance Service
Office, Inc Policy Form No. CG 00011093 , or any replacements
thereof.
Such policy shall contain a severability of interest provision,
and shall not contain a sunset provision or commutation clause,
nor any provision which would serve to limit third party action
over claims.
The Commercial General Liability additional insured endorsement
shall be at least as broad as the Insurance Service Office,
Inc. ' s Additional Insured, Form B, CG 20101185, and shall include
coverage for Contractor' s operations and products and completed
operations.
If required by this Agreement, if Contractor sublets any part of
the Work, Contractor shall purchase and maintain, at all times
during prosecution of the Work, under this Agreement, an Owner
and Contractor' s Protective Liability insurance policy for bodily
injury and property damage, including death, which may arise in ra
the prosecution of Contractor' s Work, under this Agreement
Coverage shall be on an occurrence basis with a limit not less
than $1, 000, 000 per occurrence, and the policy shall be issued by
the same insurance company that issues Contractor' s Commercial
General Liability insurance
Automobile Liability
Contractor shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1, 000, 000 each
occurrence with respect to Contractor' s owned, hired, and non-
owned vehicles assigned to or used in performance of Contractor' s
Work Coverage will be at least as broad as coverage code 1,
NA 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
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hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5, 000, 000 per accident
limits for bodily injury and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover
obligations imposed by federal and state statutes having
.•. jurisdiction of Contractor' s employees engaged in the performance
of the Work; and, Employer' s Liability insurance of not less than
$100, 000 for each accident, $100, 000 disease for each employee,
and $500, 000 disease policy limit
By execution of this Agreement, Contractor certifies as follows :
"I am aware and understand the provisions of A. R. S. § 23-900
et seq. which requires every employer to be insured against
liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of this chapter,
and I will comply with such provisions before commencing the
performance of the Work of this Agreement. "
If Contractor has no employees for whom workers' compensation
insurance is required, Contractor shall submit a declaration or
affidavit to City so stating and covenanting to obtain such
insurance if and when Contractor employs any employees subject to
coverage .
In case any work is subcontracted, Contractor will require
subcontractors to provide Workers' Compensation and Employer' s
Liability insurance to at least the same extent as required of
Contractor.
Certificates of Insurance
Prior to commencing Work or services under this Agreement,
Contractor shall furnish City with Certificates of Insurance, or
formal endorsements as required by the Agreement, issued by
Contractor' s insurer (s) , as evidence that policies providing the
required coverages, conditions and limits required by this
Agreement are in full force and effect The form of the
certificates of insurance and endorsements shall be subject to
the approval of the Apache Junction City Attorney' s Office, shall
comply with the terms of this Agreement, and shall be issued and
delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ, 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 Contractor' s Work
and as evidenced by annual Certificates of Insurance
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If a policy does expire during the life of the Agreement, a
renewal certificate must be sent to City thirty (30) calendar
days prior to the expiration date
All Certificates of Insurance shall be identified with bid serial
number and title. Policies or certificates and completed forms
of City' s Additional Insured Endorsement (or a substantially
equivalent insurance company form acceptable to the City
Attorney) evidencing the coverage required by this section shall
be filed with the City and shall include the City as an
additional insured. The policy or policies shall be in the usual
form of a public liability insurance, but shall also include the
following provision.
"Solely as respects work done by or on behalf of the named
insured for the City of Apache Junction, it is agreed that
the City of Apache Junction and its officers and employees
are added as additional insureds under this policy. "
Insurance required herein shall not expire, be canceled, or
materially changed without thirty (30) calendar days' prior
written notice to City.
16. CHANGE ORDERS- A change order is a written order to
Contractor, approved by the City representative, issued after
execution of this maintenance agreement authorizing a change in
the Work or an adjustment in the maintenance agreement sum or the
maintenance agreement time A change order signed by Contractor
indicates their agreement therewith. City may, without
invalidating this maintenance agreement, order changes in the
Work within the general scope of the maintenance agreement
consisting of additions, deletions or other revisions, the loft•
maintenance agreement sum and the maintenance agreement being
adjusted accordingly All such changes in the Work shall be
authorized by change order and shall be performed under the
applicable conditions of this maintenance agreement The City
representative shall have authority to order minor changes in the
Work not involving an adjustment in the maintenance agreement sum
or extension of maintenance agreement time and not inconsistent
with the intent of this maintenance agreement All such changes
shall be effected by written order and shall be binding upon City
and Contractor
17 . SUCCESSORS & ASSIGNS: City and Contractor each bind
themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners,
successors, assigns and legal representatives of such other Party
in respect to all covenants, agreements and obligations contained
in the contract documents Neither Party to the contract shall
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assign the contract or sublet it as a whole or delegate its
duties thereunder without the written consent of the other, nor
shall Contractor assign any monies due or to become due to or to
become due to it without the previous written consent of City.
18 . WRITTEN NOTICE: Written notice shall be deemed to have
been duly served if delivered in person to the individual or
member of the firm or entity, or to an office of the corporation
for whom it was intended or if delivered at or sent registered or
certified mail, return receipt requested, and first class postage
prepaid to the last business address known to them who gives the
notice.
19 . CLAIMS FOR DAMAGES: Should either Party to the contract
suffer injury or damage to personal property because of any act
or omission of the other Party or of their employees or agents
for whose acts they are legally liable, claims shall be made in
writing to such other parties within a reasonable time after the
first observance of such injury or damages
20 . SAFETY• Contractor and/or its subcontractors shall be
solely responsible for job safety at all times .
21. RIGHTS & REMEDIES: The duties and obligations imposed
by the Contract Documents and the rights and remedies available
hereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or
available by law No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any action or
failure to act constitute an approval of or an acquiescence to
any breaches hereunder except as may be specifically agreed to
ASW in writing
22 . FORCE MAJEURE: Neither City nor Contractor, as the
case may be, shall be considered not to have performed its
obligations under this Agreement in the event of enforced delay
(an "Enforced Delay") due to causes beyond its control and
without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God,
fires, floods, epidemics, pandemics, quarantine, restrictions,
embargoes, labor disputes, and unusually severe weather or the
delays of subcontractors or material men due to such causes, acts
of a public enemy, war, terrorism or act of terror (including but
not limited to bio-terrorism or eco-terrorism) , nuclear
radiation, blockade, insurrection, riot, labor strike or
interruption, extortion, sabotage, or similar occurrence or any
exercise of the power of eminent domain of any governmental body
on behalf of any public entity, or a declaration of moratorium or
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similar hiatus (whether permanent or temporary) by any public
entity directly affecting the obligations under this Agreement
In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors,
subcontractors, vendors or investors desired by Contractor in
connection with the obligations under this Agreement. Contractor
agrees that Contractor alone will bear all risks of delay which
are not Enforced Delay In the event of the occurrence of any
such Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a
period of the Enforced Delay; provided, however, that the Party
seeking the benefit of the provisions of this Section shall,
within thirty (30) calendar days after such Party knows or should
know of any such Enforced Delay, first notify the other Party of
the specific delay in writing and claim the right to an extension
for the period of the Enforced Delay, and provided further that
in no event shall a period of Enforced Delay exceed ninety (90)
calendar days.
23 . TERMINATION:
A TERMINATION BY CITY City shall be permitted to
terminate this Agreement if in the discretion of the Public Works
Director or his or her designee, they believe Contractor has
failed to meet the terms of this Agreement City shall provide
Notice of Termination to Contractor by Certified U S Mail ten
(10) calendar days before such termination takes effect
B TERMINATION BY CONTRACTOR Contractor may terminate
this Agreement if City fails to make payment as agreed upon in
this document Any other termination will be deemed a breach of
contract by Contractor Contractor shall provide Notice of r•
Termination to City by Certified U S Mail ten (10) calendar days
before such termination takes effect
24 RECORDS: Records of Contractor' s labor, payroll and
other costs pertaining to this Agreement shall be kept on a
generally recognized accounting basis and made available to City
for inspection on request . Contractor shall maintain records for
a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that
retention period for examination or audit by City personnel
during regular business hours
25 AMENDMENT It is mutually understood and agreed that
no alteration or variation of the terms and conditions of this
Agreement shall be valid unless made in writing and signed by the
Parties hereto, and that oral understandings or agreements not
incorporated herein shall not be binding on the Parties The
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representatives of the Parties (signatory for Contractor noted
below or his or her designee, and the City Manager, or his or her
designee) ; shall be authorized to execute future amendments or
extensions of this Agreement.
26 SEVERABILITY: City and Contractor each believe that
the execution, delivery and performance of this Agreement are in
Aft. compliance with all applicable laws. However, in the unlikely
event that any provision of this Agreement is declared void or
unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional
provision, law, regulation, or City Code) , such provision shall
be deemed severed from this Agreement and this Agreement shall
otherwise remain in full force. and effect, provided that this
Agreement shall retroactively be deemed reformed to the extent
reasonably possible in such a manner so that the reformed
agreement (and any related agreements effective as of the same
date) provide essentially the same rights and benefits (economic
and otherwise) to the Parties as if such severance and
reformation were not required Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute,
acknowledge and/or deliver all amendments, instruments and
consents necessary to accomplish and to give effect to the
purposes of this Agreement, as reformed
27 . CONFLICT OF INTEREST This Agreement is subject to,
and may be terminated by City in accordance with, the provisions
of A R S § 38-511 .
28. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American
with Disabilities Act, the Immigration Reform and Control Act of
.�.. 1986 and the Drug Free Workplace Act of 1989 to the services
performed under this Agreement
As required by A R S § 41-4401, Contractor hereby warrants its
compliance with all federal immigration laws and regulations that
relate to its employees and A.R.S . § 23-214 (A) Contractor
further warrants that after hiring an employee, Contractor will
verify the employment eligibility of the employee through the E-
Verify program If Contractor uses any subcontractors in
performance of services, subcontractors shall warrant their
compliance with all federal immigration laws and regulations that
relate to its employees and A R S § 23-214 (A) , and
subcontractors shall further warrant that after hiring an
employee, such subcontractor verifies the employment eligibility
of the employee through the E-Verify program. A breach of this
warranty shall be deemed a material breach of the Agreement that
is subject to penalties up to and including termination of this
Agreement . Contractor is subject to a penalty of $100 per day
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for the first violation, $500 per day for the second violation,
and $1, 000 per day for the third violation City at its option
may terminate this Agreement after the third violation
Contractor shall not be deemed in material breach of this
Agreement if the Contractor and/or subcontractors establish
compliance with the employment verification provisions of
Sections 274A and 274D of the federal Immigration and Nationality
Act and the E-Verify requirements contained in A R S § 23- �.
214 (A) City retains the legal right to inspect the papers of
any Contractor or subcontractor employee who works under this
Agreement to ensure that the Contractor or subcontractor is
complying with the warranty. Any inspection will be conducted
after reasonable notice and at reasonable times . If state law is
amended, the Parties may modify this paragraph consistent with
state law.
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.•. ANN.
IN WITNESS WHEREOF the Parties hereto have caused this
Agreement to be signed by their duly authorized representative as
of this day of , 2015 .
Contractor. ACE ASPHALT
By
Title.
City
CITY OF APACHE JUNCTION
an Arizona municipal corporation
By• John S Insalaco
Title Mayor
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Richard J Stern
City Attorney
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Exhibit A (continued)
Proposal 3030 South 7th Street
We're on it. Phoenix,AZ 85040-1163
Phone (602)243-4100
Paving•Concrete•Earthwork
Arizona California Nevada New Mexico Texas wwwaceasphalt.com
Submitted To: Work To Be Performed At: Proposal #Cit1008-309
City of Apache Junction 85219-Apache Junction(street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
Department of Public Works -Mft�
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID.
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal
Prices are valid until 5/31/15
Crack Sealing.Ironwood Cortez Neighborhood $13,793.27
BID SCOPE:
Clean as needed and caulk all major cracks(1/4 Inch and wider)with a hot-applied, rubberized crack sealer,excluding
areas with alligator cracking Estimated crack sealer quantity is 755 gallons
Note-A curing agent will be used to allow traffic to use the streets immediatly after application of the crack seal
Written permission will be requested if quantities are expected to exceed this amount
This estimate Is based on 2 mobilizations Additional trips, if requested require repricing
Exclusions.Traffic control
Arizonn State Materials Surcharge $430.63
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 1 of 3 Cit1008-309
r` ' Proposal City of Apache Junction Cit1008-309
1;�11:LLSI' continued 0May 01,2015
Respectfully Submitted, Subtotal $14,223.90
i�
L_ i _-- Estimated Tax $0 00
Ron Erickson Proposal Total. $14,223 90
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email Ericksonr@aceasphalt.com
NOTE:According to Arizona Law,any purchase order Issued with an aggregate total over$100,000.00 will
need to have a payment and performance bond issued for 100%of the work performed. For additional
information, please contact Mike Jensen at 602-304-4023.
NOTE: When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number- 14Y-ACE-0317,must appear
on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work.
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations
TERMS: NET 30 DAYS AFTER COMPLETION OF WORK
ACCEPTANCE: Ace Asphalt of Arizona, Inc, is authorized to proceed with the work as specified Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 2 of 3 Cit1008-309
Proposal City of Apache Junction Cit1008-309
continued May 01,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
responsibility of Customer
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site.
A water supply source shall be furnished by Customer for Ace's use on this project
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc, which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist Failure to furnish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such Imes
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
disagreement, and pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle tho0o'l-
disputed portion of the invoice
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve
Confidentiality
The information in this document is privileged and confidential No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 3 of 3 Cit1008-309
.•k
Exhibit A
it Proposal 3030 South 7th Street
We're on it. Phoenix,AZ 85040-1163
Phone (602)243-4100
Paving•Concrete•Earthwork
Arizona California Nevada New Mexico Texas www.aceasphalt.com
Submitted To: Work To Be Performed At: Proposal#Cit1005-22a
City of Apache Junction 85219-Apache Junction(street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
�.., Department of Public Works
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID:
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal.
Prices are valid until
Crack Sealing.Broadway Road $43 143.07
BID SCOPE:
Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied, rubberized crack sealer,excluding
areas with alligator cracking Estimated crack sealer quantity is 2,620 gallons
Written permission will be requested if quantities are expected to exceed this amount.
This estimate is based on 5 mobilizations with 2 crews per day Additional trips, if requested require repricing
Traffic Control Broadway Road $5,594.74
Provide the following traffic control per day for crack sealing phase
52 each Small sign 10 SF
52 each Portable Sign Stand
50 each Type 1 Barricade
300 each 28"Traffic Cones
1 each Arrow Board(trailer mount)
104 each Sandbags(full)
12 each Flags on Dowels
2 each Traffic Control Plans(per project)
1 each Mobilization(Per Man Per Truck)
1 each De-Mobilization(Per Man Per Truck)
20 each 1 Man 1 Truck On Site
Arzoan State Materials Surcharge $1,494.37
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 1 of 3 Cit1005-22a
Proposal City of Apache]unction Cit1005-22a
1:11�1;1Si continued May 01,2015
Respectfully Submitted, Subtotal. $50,232.18
Estimated Tax $0 00
Ron Erickson Proposal Total• $50,232 18
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email Ericksonr@aceasphalt.com
NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000 00 will
need to have a payment and performance bond issued for 100%of the work performed For additional
information, please contact Mike 3ensen at 602-304-4023.
NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725 The Mohave contract number: 14Y-ACE-0317,must appear
on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work.
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations.
TERMS: NET 30 DAYS AFTER COMPLETION OF WORK
ACCEPTANCE: Ace Asphalt of Arizona, Inc, is authorized to proceed with the work as specified Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 2 of 3 Cit1005-22a
Proposal City of Apache)unction Cit1005-22a
continued May 01,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid. Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
responsibility of Customer
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site
A water supply source shall be furnished by Customer for Ace's use on this project.
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc, which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist Failure to fumish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such lines
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
,,..� disagreement, and pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle the
disputed portion of the invoice
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve.
Confidentiality
The information in this document is privileged and confidential No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 3 of 3 Cit1005-22a
Exhibit A (continued)
3030 South 7th Street
Phoenix,AZ 85040-1163
We're on it. Proposal
Phone (602)243-4100
Paving•Concrete•Earthwork
Arizona California Nevada New Mexico texas www aceasphalt.com
Submitted To: Work To Be Performed At: Proposal#Cit1004-639
City of Apache Junction 85219-Apache Junction(street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
Department of Public Works .,.
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID-
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal.
Prices are valid until 5/31/15
Crack Sealing-Ironwood Road $32,991 23
BID SCOPE.
Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied, rubberized crack sealer,excluding
areas with alligator cracking Estimated crack sealer quantity is 1,995 gallons
Written permission will be requested if quantities are expected to exceed this amount
This estimate is based on 4 mobilizations with 2 crews per day Additional trips,if requested require repricing
Large Crack Sealing(>2") Ironwood Road $6,847.99
Fill cracks 2 inches and greater totaling up to 980 linear feet with poly patch crack filler and top with standard crack
sealer
Written permission will be requested if quantities are expected to exceed this amount.
This estimate is based on 1 mobilization Additional trips,if requested require repricing
Traffic Control,Ironwood Road $5,297.19
Provide the following traffic control per day for crack sealing phase
68 each Small sign 10 SF
68 each Portable Sign Stand
55 each Type 1 Barricade
325 each 28"Traffic Cones
1 each Arrow Board(trailer mount)
136 each Sandbags(full)
12 each Flags on Dowels
2 each Traffic Control Plans(per project)
1 each Mobilization(Per Man Per Truck)
1 each De-Mobilization(Per Man Per Truck)
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 1 of 4 Cit1004-639
.�
Proposal City of Apache Junction Cit1004-639
. continued May 01,2015
20 each 1 Man 1 Truck On Site
Arizoan State Materials Surcharge $1,297 03
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859
Page 2 of 4 Cit1004-639
Proposal City of Apache)unction Cit1004-639
1 . continued
May 01,2015
Respectfully Submitted, Subtotal $46,433.44
f 1,
tlL rJ ---_ Estimated Tax $0.00
Ron Erickson Proposal Total. $46,433.44
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email Ericksonr@aceasphalt.com �a
NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will
need to have a payment and performance bond issued for 100%of the work performed.For additional
information,please contact Mike Jensen at 602-304-4023.
NOTE:When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725 The Mohave contract number 14Y-ACE-0317,must appear
on your PO Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations.
TERMS NET 30 DAYS AFTER COMPLETION OF WORK.
ACCEPTANCE Ace Asphalt of Arizona, Inc,Is authorized to proceed with the work as specified. Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date AON%►
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 3 of 4 Cit1004-639
Proposal City of Apache)unction Cit1004-639
...continued May 01,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
..Volk, responsibility of Customer
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site
A water supply source shall be furnished by Customer for Ace's use on this project
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc, which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist. Failure to furnish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such lines
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
disagreement, and pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle the
disputed portion of the invoice.
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may propedy be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve
Confidentiality
The information in this document is privileged and confidential No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 4 of 4 Cit1004-639
Exhibit A (continued)
Proposal 3030 South 7th Street
Wr Phoenix,AZ 85040-1163
e re on it. Phone (602)243-4100
Paving-Concrete-Earthwork
Arizona California Nevada New Mexico Texas www.aceasphalt.com
Submitted To: Work To Be Performed At: Proposal #Cit1006-753
City of Apache Junction 85219-Apache Junction(street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
Department of Public Works i.
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID:
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal.
Prices are valid until 5/31/15
Crack Sealing.Southern Road $13,681 91
BID SCOPE:
Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied, rubberized crack sealer,excluding
areas with alligator cracking Estimated crack sealer quantity is 835 gallons
Written permission will be requested if quantities are expected to exceed this amount
This estimate is based on 3 mobilizations Additional trips, if requested require repricing
Traffic Control,Southern Road $2,540.45
Provide the following traffic control per day for crack sealing phase
31 each Small sign 10 SF
31 each Portable Sign Stand
30 each Type 1 Barricade
100 each 28"Traffic Cones
1 each Arrow Board (trader mount)
62 each Sandbags(full)
12 each Flags on Dowels
2 each Traffic Control Plans(per project)
1 each Mobilization(Per Man Per Truck)
1 each De-Mobilization(Per Man Per Truck)
20 each 1 Man 1 Truck On Site
Arizonn State Materials Surcharge $476.26
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 1 of 3 Cit1006-753
Proposal City of Apache Junction Cit1006-753
May 01,2015
continued
Respectfully Submitted, Subtotal $16,698.62
1-11
)I Estimated Tax $0.00
Ron Erickson Proposal Total. $16,698.62
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email Ericksonr@aceasphalt.com
NOTE-According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will
need to have a payment and performance bond issued for 100%of the work performed. For additional
information, please contact Mike Jensen at 602-304-4023.
NOTE: When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc. at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number- 14Y-ACE-0317,must appear
on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work.
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations.
TERMS. NET 30 DAYS AFTER COMPLETION OF WORK
ACCEPTANCE Ace Asphalt of Arizona, Inc, is authorized to proceed with the work as specified. Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 2 of 3 Cit1006-753
Proposal City of Apache Junction Cit1006-753
continued May 01,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
responsibility of Customer AO=►
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site
A water supply source shall be furnished by Customer for Ace's use on this project
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc, which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist Failure to furnish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such lines
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract.
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the
disputed portion of the invoice
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound. From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve
Confidentiality
The information in this document is privileged and confidential. No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 3 of 3 Cit1006-753
.w.. ..•.
Exhibit A (continued)
3030 South 7th Street
We're on it. Proposal Phoenix,AZ 85040-1163
Phone-(602)243-4100
Paving•Concrete•Earthwork
Arizona California Nevada New Mexico Texas www aceasphatt.com
Submitted To: Work To Be Performed At. Proposal #Cit1003-Oba
City of Apache Junction 85219-Apache Junction (street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
�. Department of Public Works
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID:
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal.
Prices are valid until 5/31/15
Crack Sealing-Superstition Blvd $39,448 12
BID SCOPE:
Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied,rubberized crack sealer,excluding
areas with alligator cracking. Estimated crack sealer quantity is 2,375 gallons
Written permission will be requested if quantities are expected to exceed this amount
This estimate is based on 5 mobilizations with 2 crews per day Additional trips, if requested require repricing
Traffic Control Superstition Blvd $5, 774.00
Provide the following traffic control per day for crack sealing phase
68 each Small sign 10 SF
68 each Portable Sign Stand
55 each Type 1 Barricade
325 each 28"Traffic Cones
1 each Arrow Board(trailer mount)
136 each Sandbags(full)
12 each Flags on Dowels
2 each Traffic Control Plans(per project)
1 each Mobilization(Per Man Per Truck)
1 each De-Mobilization(Per Man Per Truck)
20 each 1 Man 1 Truck On Site
Arizona State Materials Surcharge $1,354.63
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 1 of 3 Cit1003-0ba
Proposal City of Apache Junction Cit1003-0ba
continued May 01,2015
Respectfully Submitted, Subtotal. $46,476.75
Estimated Tax $0.00
Ron Erickson Proposal Total $46,476.75
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email Ericksonr@aceasphalt.com
NOTE:According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will
need to have a payment and performance bond issued for 100%of the work performed For additional
information,please contact Mike Jensen at 602-304-4023.
NOTE. When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number: 14Y-ACE-0317,must appear
on your PO Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations.
TERMS: NET 30 DAYS AFTER COMPLETION OF WORK
ACCEPTANCE Ace Asphalt of Arizona,Inc, is authorized to proceed with the work as specified Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 2 of 3 Cit1003-0ba
Proposal City of Apache)unction Cit1003-0ba
1 .' continued May 01,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
�..� responsibility of Customer.
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site
A water supply source shall be furnished by Customer for Ace's use on this project
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc., which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist Failure to furnish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such lines
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced. Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
A-hk disagreement, and pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle the
disputed portion of the invoice
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona. If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve
Confidentiality
The information in this document is privileged and confidential No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 3 of 3 Cit1003-0ba
Exhibit A (continued)
Proposal 3030 South 7th Street
Phoenix,AZ 85040 1163
_N1ll6L11iw Were on it. Phone (602)243-4100
Paving•Concrete•Earthwork
Arizona California Nevado NewMexico Texas www.aceasphalt.com
Submitted To: Work To Be Performed At. Proposal #Cit1007-707
City of Apache Junction 85219-Apache Junction(street work) May 01,2015
Shane Kiesow-(480)474-8516 Unknown&Unknown
575 E Baseline Ave Apache Junction,AZ 85219
Department of Public Works Amok
Apache Junction,AZ 85219
MOHAVE EDUCATIONAL SERVICE CO-OP BID-
CONTRACT NUMBER: 14Y-ACE-0317
SPECIAL NOTE:
The terms and conditions of Mohave Educational Services Co-Op Bid, Contract Number 14Y-ACE-0317 will
prevail over any and all terms and conditions stated in the proposal.
Prices are valid until 5/3 1/15
Crack Sealing-Thunberbird Neighborhood $48,386.43
BID SCOPE.
Clean as needed and caulk all major cracks(1/4 inch and wider)with a hot-applied, rubberized crack sealer,excluding
areas with alligator cracking Estimated crack sealer quantity is 2,570 gallons.
Note A curing agent will be used to allow traffic to use the streets immediatly after application of the crack seal
Written permission will be requested if quantities are expected to exceed this amount
This estimate is based on 8 mobilizations Additional trips,If requested require repricing.
Traffic Control.Thunberbird Neighborhood $2,205.84
Provide the following traffic control per day for crack sealing phase
4 each Mobilization(Per Man Per Truck)
4 each De-Mobilization(Per Man Per Truck)
40 each 1 Man 1 Truck On Site w Arrow board
Note-An Arrowboard directing traffic around crew will be used when crack sealing on the collectors of 4th Ave and
Thunderbird Dr No traffic control will be used on residential streets as result of the application of a curing agent in the
crack sealing process
Arizoan State Materials Surcharge $1,522.90
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C 13
CA 725402,NV 0076024,NM 366859 Page 1 of 3 Cit1007-707
' Proposal City of Apache Junction Cit1007-707
l� L1J;lilSl continued May 01,2015
Respectfully Submitted,
Subtotal. $52,115.17
1�L Estimated Tax $0 00
Ron Erickson Proposal Total- $52,115 17
Account Executive
Phone (602)304-4162
Fax (602)304-4162
Email-Ericksonr@aceasphalt.com
NOTE According to Arizona Law,any purchase order issued with an aggregate total over$100,000.00 will
need to have a payment and performance bond issued for 100%of the work performed. For additional
information,please contact Mike Jensen at 602-304-4023.
NOTE: When you decide to accept this proposal,please make your PO out directly to Ace Asphalt of
Arizona,Inc.,then fax your PO to Mohave Educational Services,Inc.at 928-718-3232 for verification of
pricing and to Ace Asphalt at 602-304-2725.The Mohave contract number: 14Y-ACE-0317,must appear
on your PO.Once Mohave approves the PO for compliance,they will notify Ace Asphalt to proceed with the
Work.
Sales Tax may vary based upon completion time of the project and any tax rate changes made by the
state,city or county regulations.
TERMS- NET 30 DAYS AFTER COMPLETION OF WORK.
ACCEPTANCE: Ace Asphalt of Arizona,Inc, is authorized to proceed with the work as specified. Payment will be made
according to the terms listed above
Authorized Signature Title
Print Name Date
ram,
Legal Property Owner Name Scheduling Contact
Mailing Address Scheduling Contact Phone
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 2 of 3 C11:1007-707
Proposal City of Apache)unction Cit1007-707
continued May Ol,2015
Terms and Conditions
General Conditions
All surfaces to which material is to be applied shall be in a condition that is similar to the time at which the project was bid Customer
shall notify Ace in advance when the site will be ready for the work to be performed, and shall give free and unobstructed access so
that the work to be performed hereunder can be commenced promptly, and that once begun, may be completed without delay.
Customer agrees to pay Ace its reasonable charges for delays caused by Customer Towing of vehicles, if necessary, shall be the
responsibility of Customer law�
Traffic control will be provided by Ace unless otherwise specified It shall become the responsibility of Customer to maintain barricades
and/or closures if required after Ace's personnel leave the site
A water supply source shall be furnished by Customer for Ace's use on this project
Ace does not assume responsibility for any utility lines such as water, electric, sprinkler, etc, which may lie within eighteen inches (18")
of the surface Layouts of locations must be furnished to Ace if such lines are known to exist Failure to furnish information in this
regard will cause Customer to carry responsibility in case of any damage and repairs to such lines
Customer shall be represented by one spokesperson, who shall have the authority to accept work performed, authorize and sign for
any additions or changes desired,and will be available for consultation with Ace's representative
Customer grants permission to Ace to create photos or videos of the site for use in promotion of its business services
Taxes are computed for the locality in which the work is performed at the time the project is invoiced Taxes can be waived, by law,
only upon receipt of an exemption certificate that has been properly executed by responsible party to this contract
Indemnification
Ace maintains adequate insurances and shall indemnify and hold harmless Customer, Owner, and agents and employees of any of
them from any claims, damages, losses and expenses arising out of or resulting from performance of the Work to the extent caused by
the negligent acts or omissions of Ace or anyone for whose acts Ace may be liable.
Warranty
The work proposed herein is covered by a 30 month warranty on workmanship Normal wear and tear, abuse, accidental damage, and
acts of God are excluded
Disputes
If Customer objects to any portion of the work, Customer will so notify Ace within seven (7) calendar days, identify the cause of
disagreement, and pay when due that portion of the invoice not in dispute The parties will immediately make every effort to settle thnm'4
disputed portion of the invoice
The parties hereby agree that, in any legal action arising from this Agreement, venue for the action may properly be placed in the
county of the Ace office that issued this contract The parties acknowledge that they are hereby voluntarily and knowingly relinquishing
and waiving any rights they may have to establishing venue in any other county This Agreement shall be in accordance with and
governed by the laws of the state of Arizona If a court finds that any provision of this Agreement is not valid or should not be
enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced Therefore, a court may enforce
the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable
Our Commitment to the Environment
Ace believes in employing sustainable practices that are both socially responsible and commercially sound From material recycling
strategies to pollution prevention initiatives, we are committed to minimizing our environmental impact while improving the well being
of the communities we serve
Confidentiality
The information in this document is privileged and confidential No part of this document may be reproduced and/or distributed to
anyone other than the recipient listed on this document without written permission from Ace
Contractor's Licenses AZ ROC 090990-A,ROC 166913-C-13
CA 725402,NV 0076024,NM 366859 Page 3 of 3 Cit1007-707
7
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City of Apache Junction Arizona 300 E Superstition
Boulevard
t _ Agenda Item Cover Sheet Apache Junction AZ 85119
f Agenda Item No.8.
t File ID: 15-203
Sponsor Kathy Connelly Agenda Date.6/15/2015
Index Local/State/Federal Statutory Requirement In Control: City Council Work Session
Discussion on Intergovernmental agreement with Arizona Department of Revenue (ADOR)
for uniform administration of transaction privilege (sales) tax The current
intergovernmental agreement with the state will end June 30, 2015 This new and
amended agreement is intended to provide us with certain information and assurances
needed to track our sales tax payments when ADOR takes over tax licensing and
collections
Attachments.
City of Apache Junction,Arizona Page 1 Printed on 611012015
JUNE 3, 2015
MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: GEORGE R HOFFMAN, CITY MANAGER
FROM KATHLEEN CONNELLY, CITY CLERK
SUBJECT INTERGOVERNMENTAL AGREEMENT WITH ARIZONA
DEPARTMENT OF REVENUE RELATED TO UNIFORM
ADMINISTRATION OF THE CITY'S TRANSACTION
PRIVILEGE TAX (WORK SESSION OF JUNE 15, 2015 AND
REGULAR MEETING OF JUNE 16, 2015)
This intergovernmental agreement (IGA) was negotiated with the Arizona Department of
Revenue (ADOR) by city representatives including a finance director, a tax administrator
and two attorneys, along with assistance from the League of Arizona Cities and Towns
Additionally, several attorneys and tax experts from many cities and towns reviewed and
commented on the language during the process, resulting in a document that provides
cities and towns with a certain level of information and assurances.
Local Transaction Privilege Tax (TPT) administration is governed by A R.S. § 42-6001. �-
This statute was recently modified for the purpose of tax simplification with the passage of
House Bill 2111 in 2013 and House Bill 2389 in 2014 This statute now requires the
Arizona Department of Revenue (ADOR) to administer the transaction privilege and use
taxes imposed by all cities and towns and to enter into a new intergovernmental agreement
(IGA) with each city and town to reflect these changes and clearly define the working
relationship between ADOR and Arizona cities and towns.
State administration for the current self-collecting cities is predicated on ADOR having the
capability to provide an electronic means for collecting and distributing detailed taxpayer
information including specific gross receipts and deductions by classification and by
business location This IGA intends to cover all aspects of administration after ADOR
takes over for all cities and it also includes language allowing self-collecting cities to
continue their own tax and license programs until such time that ADOR is able to perform
the administrative functions documented in statute.
Although tax simplification will have the greatest impact on those cities and towns that are
currently self-collecting local taxes, there are also considerable improvements for cities and
towns in the state collection program as a result of simplification, particularly in the form of
receiving much more detailed taxpayer data.
The IGA covers all aspects of local tax administration. First and foremost, the IGA
addresses confidentiality, including the authorized handling of confidential taxpayer
information, expectations for the discreet use of taxpayer data to prevent unauthorized
disclosure and the process we will follow in the event of a disclosure. There is also
clarified and simplified guidance on the use of aggregated taxpayer data for public
reporting and analysis.
The IGA includes clear direction regarding the sharing of general taxpayer license
information, legal interpretations and written guidance, rate and fee tables and any other
pertinent tax information that needs to be shared between the cities and towns and ADOR
Importantly, the IGA identifies exactly which license and tax return data fields must be
provided by ADOR and identifies in detail a series of new reports ADOR will soon provide
to all cities, both of which will serve to greatly expand the data available to the city for
analysis purposes
The first changes related to tax simplification that went into effect were new rules dealing
with auditing which ADOR and the cities began following in January 2015 The IGA
formalizes both the concepts included in statute and the main concepts used in practice by
auditors in the field.
Key factors include a commitment to audit for all jurisdictions whenever any audit is being
done, the continued authority for any city or town to perform an audit of a taxpayer that is
engaged in business only in their town, the general guidance that ADOR will lead all multi-
jurisdictional audits, coupled with the option for ADOR to delegate actual audit
performance to a city or town when circumstances indicate it would be the most efficient
means of completing the audit
The IGA also provides guidance for handling voluntary disclosure by taxpayers, closing
agreements in lieu of litigation and sets up the responsibilities and authorities of both
parties in terms of code or statute interpretations and legal support for protests
Most importantly, the new IGA provides for a formal review process using the new "State
and Local Uniformity Group" made up of four city and four ADOR tax experts who will work
together to iron out any problems or conflicts between the cities and the state.
The terms of this IGA run on an annual basis from July 1, 2015 through June 30, 2016 and
it renews automatically each year. Either party has the right to reopen and renegotiate the
terms according the provisions within the agreement.
RECOMMENDATION: The recommendation of the working group as outlined in this
memo is to approve this intergovernmental agreement between the City of Apache
Junction and the Arizona Department of Revenue regarding the uniform administration,
licensing, collection and auditing of transaction privilege tax, use tax, severance tax,jet fuel
excise and use tax and rental occupancy taxes imposed by the state or cities or towns
City of Apache Junction, Arizona 300 E Superstition
Boulevard
N Agenda Item Cover Sheet Apache Junction AZ 85119
Agenda Item No 9
File ID 15-207
Sponsor: Matt Busby Agenda Date-6/15/2015
Index- In Control City Council Work Session
Presentation and discussion of the city's Communication Plan Staff will provide an overview
of the proposed modifications to the Communication Plan that will improve upon and
streamline the various communications distributed to residents and community stakeholders
This item is identified in the Fiscal Year 2014-2015 Council Work Plan
The city council was presented a draft communication plan during the Work Session on
Monday June 1, 2015 Staff has incorporated city council comments into the draft of the plan
and is returning for further discussion
Attachments*
Oak
City of Apache Junction,Arizona Page 1 Printed on 611012015
Apache Junction Communications Plan
"Public Relations is a strategic communication process that builds mutually beneficial relationships
between organizations and their publics"—Public Relations Society of America
A transparent, open government is key to a fully functioning, effective and responsive
democracy At the core is well-developed communications planning.
The city of Apache Junction's Communications Plan provides a framework for the
organization to establish improved two-way communication, improve stakeholder
relationships and encourage more public engagement in the municipal process.
Constructed to influence all activities that relate to communications within the
organization,the Communications Plan outlines positive and achievable objectives that
will help Apache Junction achieve its mission
All city employees have a role in ensuring the success of the Communications Plan. By
working together to ensure the city's communication strategy is well coordinated and
responsive to the needs of stakeholders,the city will achieve a more informed and
engaged workforce,community and Council.
This Communications Plan is intended to be a collaborative document The development
and implementation of a comprehensive community survey and communications audit is
important to obtaining usable data and analysis for future planning. Doing so will help
shape future communications goals and objectives
The city is mindful of its diverse audience The audience is diverse not Just in terms of
age, but also in terms of access to technology and adoption of technology. This is why the
city will seek to continue to utilize a diverse mix of media delivery platforms including
print and digital From this mix,the city will disperse and gather its information.
1
,...
City Mission
.•.
Provide residents and visitors with the finest municipal services
City Values
Trust
Employees are forthright and honest and always act in a manner that is worthy of the trust
of co-workers and the community. Employees strive to act in accordance with this value.
Respect
Employees respect others by treating them in a professional and courteous manner. City
staff treat customers in the way they would like to be treated while taking into account
the other person's point of view
Accountability
Employees take responsibility for their actions and for the foreseeable results of those
actions by being personally accountable
Openness
Employees openly share information in a professional and timely manner
Efficiency
Employees realize that they have an important obligation to complete work in an
efficient, skillful and ethical manner
Excellence
Employees recognize accomplishments, develop skills and mentor others in a spirit of
continuing excellence Employees are dedicated to making Apache Junction the best
place to live and work
2
Communication Strategy
The Communications Division seeks to enhance the city of Apache Junction's two-way
communications capacity, improve stakeholder relationships and deliver effective
communications programs that help achieve the city's mission.
• Produce and distribute information that is timely, accurate, clear, accessible and
responsive.
• Utilize a full range of communication tools to address each circumstance and public
• Standardize the form and appearance of city communications so the public can easily
recognize information being provided by the city of Apache Junction.
• Work collaboratively across the organization to ensure that information is complete,
factual and timely
• Respect access to information and the privacy rights of residents and employees.
• Find and support opportunities for engagement to inform public policy
• Create a culture of two-way communication and "communications excellence"
practices.
3
...
Audience
The city's 37,130 residents are the primary audience The city collaborates with
community members to enhance safety and create a thrivmg community This definition
may be expanded to include visitors, residents of neighboring communities, or
businesses The audience presents a broad and diverse group of people with different
needs and interests It is necessary to consider a number of subgroups that identify
audiences with similar communication needs.
Primary Stakeholders
Residents Employees
Businesses Volunteers
Apache Junction Unified School District Churches
Superstition Fire and Medical District Civic Organizations
Chamber of Commerce Media
Water and Waste Water Providers Visitors
Waste Collection Companies/Landfill Medical Care Providers
Partners
State of Arizona Arizona State Land Department
Pinal County Bureau of Land Management
Mancopa County Mediacom/CenturyLink
4
,,., .•�,
Key Messages
Apache Junction is a safe and livable community Apache Junction has a modern, highly
trained public safety department
There is a strong sense of community and neighborliness in Apache Junction
Apache Junction has an abundance of outdoor recreational opportunities within minutes
of downtown.
Apache Junction is business friendly and seeks to provide an environment where
businesses can thrive
.mhl.
5
....
GOALS AND OBJECTIVES
GOAL 1 - Communicate internally and externally in a timely, accurate and proactive
manner, so that residents, city employees and the media remain knowledgeable on all
information pertaining to the city.
Objective 1 —Enhance communication planning within the organization.
Tactic 1 —Create a comprehensive style guide for citywide use
Tactic 2 — Streamline communication workflows and planning
Tactic 3—Develop key messages for use across all media platforms
Objective 2 -Improve public awareness of and access to city information.
Tactic 1 - Improve consistency and frequency of key messaging on the website
Tactic 2 - Produce monthly video programming promoting city news, events,
accomplishments and projects.
Tactic 3 - Develop Social Media strategy
Tactic 4 - Develop and distribute relevant press releases.
Tactic 5 - Coordinate and facilitate community meetings
Tactic 6- Research and develop a web based community calendar
Objective 3 - Improve employee knowledge of city information.
Tactic 1—Coordinate and produce Manager's Minute internal videos
Tactic 2 - Survey and review how employees want to receive internal communications.
Tactic 3 - Expand use of city's intranet
6
.•.
...
GOAL 2 -Provide planning and information prior to, during, and following an
emergency.
Objective 1 —Maintain and improve the Communication Division's emergency
preparedness efforts.
Tactic 1 - Update the city's emergency communication plan
Tactic 2 - Disseminate and practice emergency activation plans with appropriate city
staff.
Tactic 3 -Participate in regional emergency preparedness groups and training
Objective 2 —Create emergency planning content that emphasizes planning for an
emergency
Tactic 1 —Write and publish articles/press releases regarding recommended preparedness
planning.
Tactic 2—Create social media content related to preparedness planning
Tactic 3—Produce 3 to 4 short form preparedness planning videos
7
ASh, dmk,
GOAL 3-Provide tools and opportunities for the community to participate with the city
in planning, budget and decision-making processes and encourage the community to
engage in those processes.
Objective 1 —Identify and create appropriate online/mobile opportunities to engage with
residents, while also improving upon traditional methods being utilized
r. Tactic I —Assess effectiveness of current city tools and policies Identify additional tools
and research best practices for possible implementation.
Tactic 2 - Inform residents about how to get involved and stay informed about city
government utilizing public meetings, events, email and online tools
Tactic 3—Redesign the city website with responsive, device neutral design methodology.
Objective Two—Form a communications group to help create and implement updated
communication policies
Tactic I - Identify and invite key members from departments to participate
Tactic 2 - Establish roles, outcomes and purposes of the group and any necessary
subcommittees
Amok
8
City of Apache Junction, Arizona 300 E Superstition
mot, Boulevard
Agenda Item Cover Sheet Apache Junction,AZ 85119
Agenda Item No. 10.
File ID: 15-180
Sponsor:Anna McCray Agenda Date 6/15/2015
Index- In Control:City Council Work Session
Presentation and discussion on draft Resolution No 15-19, formally expressing the mayor and
city council's commitment to advance diversity in the organization and community
Attachments
City of Apache Junction,Arizona Page 1 Printed on 611012015
DATE. June 15, 2015
TO- Honorable Mayor and City Councilmembers
FROM Anna McCray, Management Analyst
THROUGH: Bryant Powell, Assistant City Manager
SUBJECT Draft Resolution No. 15-19— Diversity Pledge
Per Council Direction to Staff at the May 19th Work Session, staff brings forth draft Resolution
No 15-19, pledging the mayor's and city council's commitment to advancing diversity in the
organization and community.
Resolution No 15-19 contains the proposed diversity pledge which is modeled after language
found in One Mesa as council desired
Background
At its March 26, 2015 meeting, the Greater Phoenix Economic Council (GPEC) voted to adopt
the UNITY Pledge in hopes of marketing this region of Arizona as business friendly to a more
inclusive range of potential industry and business development. Several Phoenix area cities and +�
towns have also adopted either the UNITY Pledge or a diversity pledge, have added diversity
divisions to their organizations, and/or hold annual events to celebrate diversity
In light of GPEC adopting the Unity Pledge, a councilmember inquired with city management if
the city council would be interested in doing the same.
At the May 4th City Council Work Session council reviewed and discussed the UNITY Pledge and
an example of a diversity pledge, One Mesa
At the May 19th Council Meeting council directed staff to draft a diversity pledge similar to One
Mesa via a resolution for its consideration.
Attachments:
Draft Resolution No 15-19—Diversity Pledge
One Mesa diversity pledge
lodftk r.
RESOLUTION NO. 15-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, EXPRESSING ITS COMMITMENT
TO ADVANCE DIVERSITY IN THE CITY' S ORGANIZATION AND
COMMUNITY.
Ask
WHEREAS, the City of Apache Junction ("City")
encourages diversity within the organization and community;
and
WHEREAS, the City is committed to fostering,
cultivating and preserving a culture of diversity,
inclusion, fairness, and equality.
WHEREAS, the City recognizes every person has value;
and
WHEREAS, the City respects individuality and what
makes people different from each other creates a stronger
and broader cultured community; and
WHEREAS, the City acknowledges diversity adds to the
overall quality of life in the community in the cultivation
of new ideas, better understandings between residents and
employees, and furthers community spirit
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS
FOLLOWS :
1) Pledge to work together as a community to respect
diversity and inclusion.
2) Declare that a respect for diversity and inclusion are
core values of Apache Junction.
3) To treat all people with dignity.
4) To discourage all forms of prejudice and support a
strong work ethic, living and learning based on mutual
respect and understanding
RESOLUTION NO. 15-19
Page 1 of 2
Aa► 100h4l
5) To respect diversity of all individuals regardless of
their age, color, ethnicity, family or marital status,
gender identity, language, national origin, physical
or mental disability, military or veteran status,
race, religion, sexual orientation, socioeconomic
background or any other personal characteristics .
6) To expand understanding of cultural diversity by
increasing awareness and information as well as
supporting and participating in local and regional
events.
7) To present a united effort from businesses, non-
profits, schools, government and clergy to advance a
safer, more productive and inclusive community.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA THIS _ DAY OF ,
2015 .
SIGNED AND ATTESTED TO THIS DAY OF 2015.
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
RESOLUTION NO. 15-19
Page 2 of 2
r.. Ao*.
City of Mesa . One Mesu .ledge Page 1 of 2
r�r
Respecting Diversity
Mesa's Community Pledge
As a community,we believe every person has worth. We believe diverse communities are vibrant,
interesting and economically robust.
We believe respecting what makes us different from each other creates equality and a stronger
community.
Therefore, as"One Mesa,"we pledge:
• To declare that respecting diversity and inclusion are core values of Mesa
• To treat all people with dignity,to discourage prejudice in all its forms and to strive to
maintain a climate for work,living and learning based on mutual respect and understanding.
• To work together with other members of our community to stamp out intolerance.
• To respect the diversity of all individuals regardless of their age,color, ethnicity,family or
marital status,gender identity or expression,language,national origin,physical or mental
disability,military or veteran status, race, religion, sexual orientation,socioeconomic
background or any other characteristics that make us unique individuals.
• To provide equal opportunities for all in the workplace,housing and hospitality throughout
Mesa
• To present a unified effort from businesses,non-profits,schools,government and clergy to
advance a safer, more productive and inclusive community.
• To expand understanding of cultural diversity by increasing awareness and information as
well as supporting and participating in community events.
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,..
City of Mesa - One Mesa Pledg, Page 2 of 2
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City of Apache Junction, Arizona 300 E Superstition
Boulevard
uI Agenda Item Cover Sheet Apache Junction Az 85119
r Agenda Item No 11
z° File ID: 15-183
Sponsor Liz Riley Agenda Date-6/15/2015
Index- In Control-City Council Work Session
..k,
Presentation and discussion on Resolution No 15-24, authorizing execution and adoption
of the second amendment to the City of Apache Junction Flexible Benefit Plan The
proposed amendment would add a vision component to the benefit plan
The city initially established its Flexible Benefit Plan (the "Plan") in 1999 setting forth the
health and dental Insurance provisions available to its employees The Plan was amended
In 2012 when the city joined the Arizona Metropolitan Trust Insurance pool with multiple
municipalities A second amendment Is now needed to include a vision Insurance
component
Attachments.
City of Apache Junction,Arizona Page 1 Printed on M0/2015
THERE IS ADDITIONAL
INFORMATION ON THIS ITEM
IN THE REGULAR MEETING _
SECTION UNDER ITEM
City of Apache Junction, Arizona 3008o uepersttition
ache Junction,AZ 85119 A
Agenda Item Cover Sheet p
Agenda Item No 12
File ID 15-158
Sponsor- Matt Busby,Anna McCray and Bryant Powell Agenda Date:6/15/2015
Index In Control-City Council Work Session
.a,
Presentation and discussion on the Legislative Work Plan for Fiscal Year 2014-2015 and
Fiscal Year 2015-2016
In recent years the city council has adopted a legislative work plan at the beginning of each
fiscal year to identify priority and focus items that may require legislative action by the council
Staff will present results of the the Fiscal Year 2014-15 Legislative Work Plan and present and
discuss possible changes on how to approach the work plan moving forward
Attachments:
City of Apache Junction,Arizona Page 1 Printed on 611012015
City Council Legislative Work Plan
Fiscal Year 2014-2015
DEVELOPMENT OF COMMUNITY
1. Mobile Home Park Property Tax Issues-NFW I Development Services 1 2"d Quarter
Some city council members expressed interest in discussing changing state law regarding property tax
issues related mobile homes versus stick built homes Current state law requires mobile home owners
to only pay property tax on the land the homes are on,thus shifting more tax burden on the owners
of traditional stick built homes
Status Staff's role is complete until directed otherwise by City Council The concept was submitted to
the League as a possible Resolution idea for the Resolutions committee to consider Complete
2 Lost Dutchman Heights Concept Plan I Development Services 13rd Quarter
There is a possibility that the Arizona State Land Department(ASLD) may wish to proceed ahead
with the City's Planning processes within the next year. Staff will begin reformulation of the previous
land plan draft for future Council review and possible approval as a concept plan prior to ASLD
auction This item was carried forward from the FY 13/14 legislative work plan
Status.The Concept plan was submitted to the ASLD in 2014 and DSD staff met with ASLD Planner
Michelle Green (October 9, 2014) and she indicated that that document is not being advanced by
the ASLD Commissioner With a new Governor,there is a new Commissioner and the City may wish
to open a dialogue with the new Commissioner in the near future Staff is in regular contact with
ASLD staff Complete
3 Landfill Closure Ordinance Amendment I Development Services 1 41'Quarter
City ordinance requires the owner of the landfill to work with the City on a closure plan Amendments
to the ordinance are needed to clarify and define the City's interests regarding the landfill post-
closure This item was carried forward from the FY 13/14 legislative work plan.
Status: Staff has been approached by Republic Services with a proposal to close the landfill through
negotiations and an eventual agreement Staff has prepared a concept master plan with Republic
Services for passive recreational use of the landfill upon closure A closure plan and agreement
could be worked out and presented to the council in 2015 Closure of the landfill is at least 15 years
out and is subject to future economic cycles and Republic's business planning Carryover to FY 15-
16
COMMUNITY INFRASTRUCTURE
4. Storm Water Master Plan I Public Works 10 Quarter
Consideration and possible direction to staff regarding an update of the 2000 Storm Water Master
Plan. Due to recent storm events Public Works staff would like to update an existing study that
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would assist in outlining a systematic approach on addressing drainage and flooding issues within
the City This item was carried forward from the FY 13/14 legislative work plan.
Status:The Storm Water Master Plan is in need of revision/update but funding is not available in the
budget at this time Public Works and Development Services staff continues to work on the Apache
Junction FEMA Risk MAP which is schedule to be completed by February 2016. Public Work and City
Management staff continues to work on the MS-4 compliance issues Carryover to FY 15-16
^►
5 School District Intergovernmental Agreement(IGA) I City Manager I Vt Quarter
The school district has indicated interest in modifying the City/District arrangement relating to
facility use and maintenance This project would involve significant staff work by the district and
city The city council and school board would ultimately approve written modifications This item
was carried forward from the FY 12/13 legislative work plan.
Status Complete
6 Engineering Standards and Public Works Permit Fees I Public Works 1 2"d Quarter
Consideration of updates to the existing engineering guidelines and public works fees This item was
carried forward from the FY 13/14 legislative work plan
Status Public Work staff will be presenting to Council a "draft" of the revised engineering guidelines
by end of summer 2015 Carryover to FY 15-16
7. Public Education Plan for Roads-NEW I Marketing and Communications 11"Quarter
City Council directed staff to bring forward a public education plan regarding roadway conditions and
funding and also short term funding mechanism utilizing a sales tax increment for the Council to
consider
Status Staff developed and implemented a public education plan on roadway conditions and short
... term as well as long term funding needed Staff met with community stakeholders and visited the
business community. Complete
8 Funding Mechanism Roadway Maintenance and Construction-NEW I City Manager 1 2nd Quarter
Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city
streets continue to increase. City Council directed staff to bring forward a public education plan
regarding roadway conditions and funding and also short term funding mechanism utilizing a sales
tax increment for the Council to consider This item was carried forward from the FY 13/14
legislative work plan.
Status Council adopted a new .2%sales tax for dedicated funding for road construction and
maintenance for 10 years that addresses approximately$10 million of the$20 million of need
Ongoing Carryover to FY 15-16
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9 Street and Transportation Strategic Plan I Public Works 13`d Quarter
Develop a strategic five to ten year plan for the city's transportation network This item was carried
forward from the FY 13/14 legislative work plan.
Status: Public Work staff will presenting to Council the upcoming Street Maintenance Plan for FY 15-
16 by end of June This presentation will also touch base with upcoming projects utilizing the 0.2%
sales tax Possibly move to annual items �.•,
10 Dog Park I Parks and Recreation 13rd Quarter
A Prospector Park location and plan for a dog park has already been accepted by city council but no
funding source has been identified. Direct staff to research and identify alternative funding sources
to build this park This item was carried forward from the FY 13/14 legislative work plan
Status. In March, staff met with Final County to discuss the potential of establishing a dog park on
their property This less expensive alternative is currently being considered by the county Carryover
to FY 15-16
PUBLIC SAFETY
11 Pawn Shop Ordinance Change I Public Safety 1 2ndQuarter
Staff is recommending an ordinance change to require pawn shops to utilize an online process to
require that all transactions be available by computer to assist the Police Department in their
investigations This item was carried forward from the FY 13/14 legislative work plan.
Status. Public Safety to continue working with city attorney to finalize for council consideration
Carryover to FY 15-16.
THE CITY-INTERNAL ISSUES
12 Marketing and Communications Plan Update—NEW I Marketing/Communications 131 Quarter .�.
It has been several years since the city's communication strategic plan has been updated The new
Public Information and Marketing Team will revamp the plan and bring forward for input from and
consideration by the City Council.
Status Final draft in works Complete.
13 Broadcast of City Council Meetings—NEW I Marketing/Communications I Vt Quarter
Some members of the city council expressed interest in discussing live broadcast of city council
meetings along with call to the public Staff will bring forward the item on a future council meeting
for discussion
Status: Council voted not to live broadcast meetings, but did reinstate call to the public Complete
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14 Public Safety Personnel Retirement System—NEW I City Manager 1411 Quarter
There are financial concerns for many of the public pension systems around the country Concern
exists for the Public Safety Personnel Retirement System in Arizona. The objective of this Legislative
Work Plan item is to assess the viability of Apache Junction's PSPRS plan and, if needed, develop
alternative strategies to ensure its long term financial viability.
Status Will implement some strategies in FY 2015-16 and will continually monitor and seeks for
ways to ensure long term viability Ongoing Carryover to FY 15-16
15. Expenditure Limitation Alternatives—NEW I City Manager 14"'Quarter
Apache Junction has historically gone to the voters for consideration of an alternative expenditure
limitation Under the law,there is also the possibility of going to the voters to consider a permanent
adjustment to the city's base limit Assess this alternative and possibly develop a schedule and plan
for seeking voter consideration of the issue
Status: Ongoing. Carryover to FY 15-16
16. Youth Council/Commission—NEW I Parks and Rec 1 2^d Quarter
The City has in the past hosted a Youth Council in concert with the local high school. Staff will bring
this item forward to the council for their discussion and consideration
Status. Parks& Recreation Director will be bringing forth information with city council at a Work
Session in summer 2015 Carryover to FY 15-16
17. Mobile Stage Use Policy—NEW I Parks and Rec 1111 Quarter
With the procurement of the Mobile Stage in FY 13/14,staff now needs council input on various
uses of the stage. For example:Will the city rent it out?To whom? How much will we charge?
Status: Mobile stage use policy will be presented to council on June 16. Carryover to FY 15-16.
ir,
18. Parks and Recreation Fee Schedule—NEW I City Manager 1 3`d Quarter
Every several years it is important for the city to take a look at the market rates and fees Staff will
bring forward a recommendation after researching the market for Parks and Rec fees.
Status: Updated fee schedule will be presented to council on June 16. Carryover to FY 15-16
19 Columbus Day Court Closure—NEW I City Magistrate 1 111 Quarter
Staff is seeking resolution of the City Council encouraging the state legislature to pass legislation
that would allow a city council to replace the Columbus Day holiday with the day after Thanksgiving
The reason being the Court will need to be closed again this year to follow state law.
Status Legislation was passed enabling the court to remain open on Columbus Day Complete.
4
20 Education Regarding Condemnation of Property—NEW I City Attorney 115f Quarter
Some members of the city council desire to learn about the legal framework and practice of
condemning of property for public use.
Status City Attorney working on memo to city council Item expected to be brought forth for city
council consideration in summer 2015 Carryover to FY 15-16.
21. City Code Changes—Elections I City Clerk 1 2"d Quarter
Amendments to Apache Junction City Code as may be required to bring city code into compliance
with mandatory consolidated elections This item was carried forward from the FY 13/14 legislative
work plan
Status. City Attorney and City Clerk have discussed possible language League of Arizona Cities and
Towns has provided sample documents that will be used as reference materials for city code changes
Carryover to FY 15-16
22 City Code Changes—Tax Simplification I City Clerk 1 2nd Quarter
Amendments to the Apache Junction City Code as may be required to bring city code into
compliance with state tax simplification legislation This item was carried forward from the FY 13/14
legislative work plan
Status: City code was modified by council allowing for the simplification in the event ADOR
implements the collection on time Still waiting forthe process at the state level to complete Various
committees are working through the tax simplification changes State has not moved forward on tax
simplification and ADOR collection of city taxes Carryover to FY 15-16
23. Tax Code Changes—Tax Simplification I City Clerk 1 2nd Quarter
Amendments to Apache Junction Tax Code as may be required to bring tax code into compliance
with state tax simplification legislation.This item was carried forward from the FY 13/14 legislative
work plan
Status Still waiting for the process at the state level to complete Various committees are working
through the tax simplification changes Deadline for ADOR collection of taxes has been extended to
January 2016. We may know by September 1st if they will be ready for 2016 Carryover to FY 15-16
24 Update Planning and Zoning Administrative Fees I Development Services 131 Quarter
Staff will be researching and recommending an update to the administrative fees for planning and
zoning applications This item was carried forward from the FY 13/14 legislative work plan.
Status. DSD staff prepared a spreadsheet of the city's current fees as well as fees from our peer cities
in the region This information was then sent out to these other communities for input/corrections
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This initial work was presented to the City Manager's Office and the P&Z Commission in March This
item should be finalized in the 1st quarter Carryover to FY 15-16
25 Corporate Sponsorship Program I Revenue Development 115f Quarter
Staff will seek direction from the Council regarding administration and implementation of the
corporate sponsorship program This item was carried forward from the FY 13/14 legislative work
Amok plan
Status: Ongoing to expand the program Staff met to explore inviting landscape companies to
improve/maintain Gold Drive median, Royal Palm median There was no interest.
26 Cable License Agreement I City Manager 1 3'd Quarter
Consideration of a license agreement for cable services provided by Century Link This item was
carried forward from the FY 13/14 legislative work plan
Status Completed
27 Personnel Rules Revision I Human Resources 13'd Quarter
City staff will research and bring forward for council's consideration miscellaneous needed revisions
to certain practices in the Personnel Rules (e g compensatory time conversion).
Status The revision to the City Personnel Rules is not planned until 2016 as it is done approximately
every two (2)years Carryover to FY 15-16
28 Use Tax I City Manager 1 4`h Quarter
Research and possible consideration of amending the city tax code regarding a city use tax.This item
was carried forward from the FY 13/14 legislative work plan.
Status The city manager's proposed FY 2015-2016 budget contains a use tax Staff will be
�► discussing with city council at the time of tentative and final budget adoption Carryover to FY 15-16
for Ordinance for council consideration of adoption
29 Investment Debt Management Policy I Finance 1 2"Quarter
The city's financial advisor has counseled that the city adopt an Investment and Debt Management
Policy Doing such will assist city staff in the management of their fiduciary duties This item was
carried forward from the FY 13/14 legislative work plan
Status- Staff continues to research and develop a draft policy Carryover to FY 15-16
30 Best Value Procurement I City Manager 13'd Quarter
Members of the city council expressed interest in researching and possible consideration of
amending the city purchasing code to allow for awarding bids according to"best value" instead of
strictly lowest bid.This item was carried forward from the FY 13/14 legislative work plan
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Status. Staff will work to get legal review of this topic and in appropriate will bring forward for
council discussion Carryover to FY 15-16.
31 Water District Incorporation I City Manager 1 2nd Quarter
Some members of the city council expressed interest in researching, discussing, and possible
consideration of making the Water District a city owned utility.This item was carried forward from
the FY 13/14 legislative work plan Carryover to FY 15-16 Am%,
32 Sewer District Oversight I City Manager I As Needed
Some members of the city council expressed interest in researching,discussing, and possible
consideration of increasing oversight of the Superstition Mountain Community Facilities District.
This item was carried forward from the FY 13/14 legislative work plan Carryover to FY 15-16
ECONOMIC DEVELOPMENT
33 Food Truck Vendor Regulations-NEW I Economic Development 1 2nd Quarter
As the city seeks to find ways to encourage activity and interest in the downtown,staff has seen many
communities that successfully utilize the trend of food trucks to draw crowds in to experience a
unique culinary activity/festival The current city code is extremely restrictive and outdated in terms
of food truck trends. If food truck events/festivals are desired to be part of future downtown activities,
the code will need to be modified
Status:Staff has a draft ordinance that will be brought to a work session June 2015 Carryover to FY
15-16
34 Special Event Process-NEW I City Manager 1 2"d Quarter
Some members of the city council desire to revisit the special event process A thorough process
was conducted several years ago resulting in a revamping of the process.The current process has
been in place almost 2 years Staff will review the process with the council and seek input and
direction on process.
Status Draft regulations were established by the Communications office in conjunction with refining
the Special Events Process and will soon be brought forward to Council for consideration Carryover
to FY 15-16
35 Downtown Landscaping-NEW I Economic Development 115`Quarter
Resulting from the downtown presentation on May 19, 2014,some members of the city council
desire to discuss adding daytime color to the 100%corner and landscaping the median west
Status: Information was presented to the city council by the focal point group They proposed adding
red barrel cactus to add some color There are currently some "test cacti" planted at the Focal Point
to see how they do and how much color they'll add. Staff will await a councilmember to request a
"Direction to Staff" item to be placed on the agenda at a future meeting Carryover to FY 15-16
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36. Coordination of Economic Development Efforts I Economic Development 1 2nd Quarter
The city has many economic development,tourism, and community outreach resources at its
disposal. Council expressed interest in exploring how we better leverage those resources to gain
interest in visiting and growing the community,with particular interest showcasing the potential of
growth in the Lost Dutchman Heights area They also expressed the desire to understand and
possibly streamline or cross-train city staffs involvement in the different resource areas to provide
for a greater ability to respond to any interested parties This item was carried forward from the FY
13/14 legislative work plan.
Status:With the upcoming city website update,staff is brainstorming how to enhance the community
events calendar to enhance the marketing outreach efforts for events happening in the area that will
draw visitors from out of town In FY 14/15, the city participated in the Arizona Office of Tourism
marketing cooperative and (assuming budget approval) will again in FY 15/16. The Chamber of
Commerce has been a resource by implementing the Shop Local program,encouraging local residents
to support local business by offering a discount card during the slower summer months The City has
also kicked off the very successful Strong Sustainable Communities initiative that launched in the
Smythe neighborhood The notion is to support residential neighborhoods that support the local
business community Staff had also been working with the Superstition Business Owners Group to
enhance awareness of local economic development opportunities. This group currently went into
hibernation Staff continues to be active with the Pinal County Open Space initiative and Friends of
Lost Dutchman State Park Board GPEC's REIT/Developer strategy has provided us an opportunity to
put the Lost Dutchman Heights parcel on their radar in hopes of increasing awareness of this project
through their wide development network.
37 Bicycling I Economic Development 1 4"Quarter
More than $88 million in economic effects is generated each year from out-of-state bicycle
enthusiasts A recent study by ADOT also found that approximately 39,000 in-state and 14,000 out-
of-state participants are involved annually in as many as 250 bicycling events held throughout the
state,solidifying Arizona's major role in bicycle tourism Research and discuss opportunities to
.2aft further the economic benefit to Apache Junction by exploring the actions our community could take
to promote, encourage,and make safer bicycling in and around Apache Junction This item was
carried forward from the FY 13/14 legislative work plan
Status At least within the downtown area, street improvements and reconstructions have begun to
incorporate bike lanes into their design, most notably that added along the Apache Trail. As bicycle
paths/networks continue to connect, there will be future opportunity to host bike events on a safe,
local route Additionally,the city is supporting the development of U S Bicycle Route 90 through the
City. Staff has met with cycling event coordinators in nearby communities to better understand what
needs to be in place to be an attractive venue for these types of events (things we're working
on). Staff is also beginning discussions with CAG on the possibility of developing a bike/ped plan for
the city Complete and Ongoing
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38 Downtown Events I Economic Development I As Needed
Research and discuss opportunities to facilitate bringing additional events into the downtown This
discussion may include creating public space downtown as well as a discussion about improving
lighting downtown This item was carried forward from the FY 13/14 legislative work plan
Status* In December 2014,the city completed the land swap transaction that secured us 3 5 acres in
the core of the downtown Initial conceptual design concepts are underway Much input is being ,.,`
given to the design team so that the design incorporates a number of events the DRIS, council and
community have identified as desirable types of activities in this public space. As the stages of the
space is conducted, appropriate downtown events will be programmed into the space. Ongoing
39 Downtown Policies I Economic Development I As Needed, 41'Quarter
Numerous policies need to be addressed by the city council according to the Downtown
Redevelopment and Implementation Strategy adopted on September 21, 2010, including
1 Business Improvement District—Funding option to continue investments into downtown -
Status Unfortunately,this FY brought the news that the appeals court determined the TIF
district funding would not be available for public improvements There's been no discussion
regarding establishing any new districts to further public infrastructure improvements. Unlike
the allocation of TIF funding into a special account, a BID would require an additional property
assessment Uncertain as to the reception from current businesses/properties Might be a
more appropriate tool for new development
2 Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism—
Status There has been no request to consider implementing a Transient Lodging Tax(new
increment or dedication portion)to support tourism However, FY 14/15 did see a $12,000
general fund investment into tourism and will continue in FY 15/16 assuming the budget is
approved The tourism funding,through the cooperative with the Arizona Office of Tourism,
supported marketing efforts to raise awareness of our area to potential visitors at a national and
international reach.
3 Public Art—Process and funding
Status: Staff has written several grants for art to continue implementing public art features in
the downtown None have been successful. Most art grants prefer to support art programs or
artists. It is difficult to get funding for pre-determined art work Staff is considering the option
of general fund to at least get the pedestals on Old West Highway complete
4 City Toolkit—Update to be reflective of what is actually available
Status A'generic' city toolkit could be considered, however, it seems that what has worked best
for us in terms of development incentives is on a project-by-project basis through a
development agreement We do continue to budget a modest amount for development fee
reimbursements in the ED budget, but any other incentive tool we have is reimbursable,or
made available through state incentives
5. Infill Incentive District—Update to be reflective of actual incentives
Status:Yet to do The 'generic' incentive listing is typically worked through development
agreements
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New FY 15-16 Items submitted.
• Downtown Park / Parks and Rec / Quarter 2
The planning, design and initial phase of construction on the downtown park.
.+%. Fence Permits/Property Surveys I DevelopmentServlces I Quarter 3
Some city councilmembers expressed interest the city require property surveys to eliminate confusion
between parties on location of property lines. Parties could opt to sign a waiver, recognizing the city
offered one and why Staff has expressed, in addition to property surveys,the city may also want to
consider adopting a fence permit process, in which both property owners would be required to sign
off where the abutting property lines were through an affidavit process Both options would require
a city ordinance for code modification.
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ANNUAL LEGISLATIVE ITEMS
• Superstition Vistas I City Manager I As Needed
The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust
land on the eastern edge of Phoenix. City council is interested in actively tracking the progress of
the long term project and providing input to stakeholders at the state,county, and others
Status:The plan is complete and a preferred scenario has been selected City staff actively tracks
and participates with the group and will keep city council members informed.
• Annual Street Maintenance Plan I Public Works 1 111 Quarter
• Preventive Maintenance Street Projects I Public Works 1 2"d Quarter
• Procurement of Fleet/HURF Vehicles I Public Works 1 2nd Quarter
• Annual Building Maintenance Projects I Public Works IAs Needed
• Annual Contract Renewals I Public Works I As Needed
• Emergency Operations Planning and Practice I Marketing and Communications 1 2"d Quarter
Review, practice, and improve the City's planning and preparedness for community
emergencies
Status Staff is working to organize a table top exercise that will include all parties.
• Annual Budget I City Manager 1 4`h Quarter
• League Resolutions I City Manager 1 4`h Quarter
Each year the city council has the opportunity to submit or cosponsor resolutions to the League
of Arizona Cities and Towns Resolutions Committee
• Apache Junction Visitor Center Contract Renewal/Update I Economic Development I Yd Quarter
If not a renewal year when the council reviews and considers the continuation of the visitor
center services,the chamber will provide the council with an update on the services provided at
the visitor's center.
• Greater Phoenix Economic Council(GPEC)Contract I Economic Development 115f Quarter
Annually the city council reviews and considers the city's participation in the GPEC, consider the
return on investment and hear of GPEC's plans for the coming year, prior to making a decision
on contract renewal.
11