HomeMy WebLinkAbout2024 05.20 City Council Work Session Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location:
+� City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd.
\gilONr Apache Junction,AZ
City Council Work Session 85119
apachejunctionaz.gov
Ph:(480)982-8002
Doors are open to the public at least 15 minutes prior to the
posted meeting start time.
Monday, May 20,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 24-424 Presentation and discussion of Case P-23-128-ART, for a proposed
public art mural along the eastern wall of the new multi-family
development known as The Residences at Apache Trail, located on
the southwest corner of Broadway Avenue and Tomahawk Road, with
artist Paige Reesor on behalf of 29th Street Capital.
Sponsors: Erika Hernandez
Attachments: P-23-128-ART Staff Memo 5.20.24.pdf
Recommended Conceptual Mural.pdf
Conceptual Options.pdf
Application Materials.pdf
P-23-128-ART Staff Report 4.3.24.pdf
P-23-128-ART PAC Staff Report 3-11-24.pdf
2. 24-298 Presentation and discussion of Fiscal Year 2024-2025 Health and
Human Services funding recommendations.
Sponsors: Jennifer Pena
Attachments: Staff Memo HHSC 2024-25
Council 80k 90k funding allocation recommendation
Comparison Table
Funding Summary
3. 24-354 Presentation and discussion of Resolution No. 24-18, adopting
budgets and estimates of assessments of the Apache Junction Street
Lighting Improvement Districts for Fiscal Year 2025.
Sponsors: Angelie Hawley
Attachments: RESOLUTION NO. 24-18 FY2024-2025 SLID Budgets
City of Apache Junction,Arizona Page 1 Printed on 511612024
City Council Work Session Agenda May 20,2024
4. 24-431 Presentation and discussion of Resolution No. 24-21, adopting the
budget for Fiscal Year 2024-2025 for Street Lighting Improvement
District No. 2021-02 Coyote Crossing subdivision.
Sponsors: Ted Wolff
Attachments: Council memo Coyote Crossing SLID No. 2021-02
RESOLUTION No. 24-21 Coyote Crossing Budget
5. 24-411 Presentation and discussion of Mears Group, Inc. Broadband
Infrastructure Project using the master agreement for fiber
connections at a cost of$1,151,095.00 to be paid using American
Rescue Plan Act funding.
Sponsors: Doug Wirthgen
Attachments: Mears ARPA Broadband Infrastructure Memo
Signed-MSA(FE)for Mears City of Apache Junction
Proposal-AJ Ironwood Buildout 4.24
WO#3 for Apache Junction- Ironwood Drive Extension--Apac
6. 24-413 Presentation and discussion of Mears, Inc. retroactive approval for
critical fiber project from water district treatment plant on Ironwood
Drive to public works yard and animal control buildings at a cost of
$327,572.00 using American Rescue Plan Act funding.
Sponsors: Doug Wirthgen
Attachments: Mears Duct Handhold Project Retroactive
MEARSCITYOFAJSIGNEDCONSTRUCTIONCONTRACT0503
MEARS Quote AJ Baseline Ironwood (3)
7. 24-415 Presentation and discussion of Resolution No. 24-20, authorizing the
City of Apache Junction to enter into an intergovernmental agreement
with Apache Junction Unified School District#43 for grant-funded
School Resource Officers.
Sponsors: Michael Pooley
Attachments: Memo to City Council- IGA SRO AJUSD
07.19.22 AJUSD#43 SRO Original IGA
RESOLUTION NO. 24-20 AJUSD#43 SRO IGA
8. 24-417 Presentation and discussion of Resolution No. 24-19, allowing the city
to enter into an Intergovernmental Agreement with the East Valley
Critical Incident Response Team.
Sponsors: Michael Pooley
Attachments: Memo to City Council-EVCIRT
Resolution 24-19 IGA for EVCIRT
City of Apache Junction,Arizona Page 2 Printed on 511612024
City Council Work Session Agenda May 20,2024
D. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 3 Printed on 511612024
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
Piz File ID: 24-424
Sponsor: Erika Hernandez Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Case P-23-128-ART, for a proposed public art mural along the
eastern wall of the new multi-family development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and Tomahawk Road, with artist Paige
Reesor on behalf of 29th Street Capital.
City of Apache Junction,Arizona Page 1 Printed on 511612024
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Development Services Department
City Council
WORK SESSION STAFF MEMO
DATE: May 20, 2024
TO: Honorable Mayor and City Council Members
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
In October of 2023, Jeff Curran of 29th Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29th Street
Capital formally applied for the proposed public art mural . A detailed
history of this project can be found in the March 11, 2024, Public
Hearing Staff Report (Exhibit 5) .
On March 11, 2024, Paige Reesor ("Artist") , on behalf of 29th Street
Capital, presented the proposal to the Public Art Commission
("Commission") during a public hearing. The Commission continued the
hearing and asked for revisions to include more of Apache Junction' s
recognizable landscapes, as well as alternate color choices .
PUBLIC ART COMMISSION RECOMMENDATION
One resident spoke in favor of the artist' s ability to create quality
murals. The Commission voted unanimously to recommend approval of the
proposed mural option number five (5) during a public hearing on April
3, 2024 (Planning Staff Report and exhibits attached) .
STAFF RECOMMENDATION
Staff recommends approval of the proposed public art case P-23-128-
ART.
1
Public Art in Private Development Case P-23-128-ART
May 20,2024,City Council Staff Memo
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Development Services Department
Attachments:
- Exhibit 1 : Recommended Conceptual Mural
- Exhibit 2 : Conceptual Options
- Exhibit 3 : Application Materials
- Exhibit 4 : Public Art Commission Staff Report 4-3-2024
- Exhibit 5 : Public Art Commission Staff Report 3-11-2024
2
Public Art in Private Development Case P-23-128-ART
May 20,2024,City Council Staff Memo
Planning and Zoning Recommended Option
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The Residences
Conceptual Murals
March 11 , 2024
PAIGE REESOR
Concept Drowings
These sketches below show the variety of concept drawing I am up with the developers and
the creative team. From this list, we were able to narrow down the vision. We could always
revisit some of these drawings
Option 1
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Option 2
PAIGE REESOR
Concept Drowings
These sketches below show the variety of concept drawing I am up with the developers and
the creative team. From this list, we were able to narrow down the vision. We could always
revisit some of these drawings
-dank Win
Option 3
Option 4
The Residences
Conceptual Murals
April 3 , 2024
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P A I G E R E E S O R
contact
269-998-3501
►I paige.reesor.art@gmail.com
Qo' @paige. reesor.art
paigereesor.com
Q 15801 S 48th St # 1081
Phoenix AZ 85044
PAIGE REESOR
Artist Introduction
Since graduating with a Bachelor of Fine Arts degree in 2013, 1 have established myself as a visual
artist in Tempe,Arizona.Alongside my ten-year tenure as a public school teacher, I have
collaborated with esteemed organizations such as the Arizona Arts Education Association,
Downtown Tempe, Tempe Festival of the Arts Youth Exhibition, and the City of Tempe art grants.
Simultaneously, I served as a painting instructor and assistant manager at Painting With A Twist,
overseeing painting classes and providing training for our dedicated staff. Furthermore, I have been
actively involved with the Edna Art Center, where I have contributed to various programs, including
teaching summer art camps, running after-school youth classes, and organizing art sessions in both
virtual and in-person formats.Additionally, I played a significant role in the 150-year celebration of
Tempe by creating engaging videos of"coloring pages" to encourage public participation.Amidst
these endeavors, I have been dedicated to expanding my personal art business, undertaking private
and workplace commissions, executing murals for community and retail settings, and participating in
paid, live painting events. Notably, I recently completed a noteworthy project for Valley Metro,
wherein I showcased famous Tempe landmarks through art in the context of the Tempe Streetcar
initiative. I contributed a public mural at Believe I Can Academy, a specialized institution serving
students with learning differences, which can be admired from Rural Ave. This inspiring artwork
features portraits of historical figures, accompanied by the empowering message "BELIEVE." While
I have lived in Tempe Arizona for 10 years, I loved working with surrounding cities to create beautiful
artwork in our communities. I know the impact on what public art can do for the community.
For the past eighteen years, my artistic journey has encompassed acrylic, oil, and aerosol painting.
It commenced with school projects involving theater set design and interior murals, wherein I
adeptly employed both hand-brush techniques and aerosol works. My expertise lies in landscape
and portrait painting with a focus on realism, infused with a touch of creative expression. While I
have actively pursued private and business mural opportunities, I am equally committed to giving
back to the community by creating murals that cater to their specific needs. The most important part
of the mural process for me is to come up with good mock-up sketches that allow both the client and
myself to make revisions. I firmly believe that a successful mural begins with a strong and
well-thought-out design. Throughout my career, I have gained extensive experience in working with
scissor lifts for large-scale murals. I take pride in my ability to efficiently complete such projects
within a timeframe of under two weeks. This proficiency allows me to bring grand visions to life while
ensuring timely delivery and client satisfaction.Alongside my dedication to providing exceptional
artistic solutions for every project, I utilize a vast social media community to disseminate information
about my mural projects and create captivating video and drone content. With a passion for
transforming ideas into resounding artistic achievements, I am poised to deliver outstanding results
at every step of the creative process.
PAIGE REESOR
resume
CONTACT OBJECTIVE
269-998-3501 ` My objective is to create a beautiful
paige.reesor.art@gmail.com u
@paige.reesor.art o mural for a new apartment complex in
Apache Junctionhgj
15801 S 48th St0
Phoenix AZZ 85 85044 0 HONORS & PROFESSIONAL MEMBERSHIPS
�
EDUCATION • Arizona Art Education Association 2016-Present
• National Art Education Association 2016-Present
• Arizona Education Association 2018-Present
2013 • Artlink Participant
Bachelor of Fine Arts • Tempe Sister Cities-Teacher Exchange Sweden 2017
Major: Art Education • AzCentral Who's Next:Arts Award 2018
• Winner of the Battle of the ARTwist at EDGE, Tempe Center of the Arts 2019
Western Michigan University • Tempe Diablos Excellence in Education:
Kalamazoo, Michigan Inspirational Award 2020
• City of Tempe:Arts & Culture: Educator Award 2020
CERTIFICATION • Valley Metro-Tempe Streetcar Poster- March 2022
Arizona Teacher Certification WORKING EXPERIENCE
K-12 Art Endorsement 2016-PRESEN rl
• Mosley Middle School l - Art Educator
PROFESSIONAL SKILLS Tempe Elementary School District
Business - Paige Reesor Art LLC o Tempe Professional Learning Program Mentor
Painter& Muralist 2018-Present
Acrylic Hand-Brush and Aerosol Spray Paint o e Tem City Grants recipient 2017, 2018, 2019
Portraits and Landscapes p y p
Anti-graffiti and UV protection o Educator role involves planning and preparing
Work with Scissor Lifts lessons, as well as teaching students according to
2020-2022 statewide curriculum requirements.
Instructor for City of Tempe 0 Expanding the art curriculum by introducing new and
"Arts in the Park" series varied experiences such as guest artists, schoolwide
projects and instituting a yearly school arts festival.
2019-2020 2018-2022
Candidate for Tempe Union • City of Tempe: Edna Vihel Center - Art Instructor
High School Governing Board o Teach summer camps and extracurricular art classes
2018-2020 o Created the art curriculum for these programs
Social Media Outreach for Arizona Art
Education Association
• Cactus Canyon Junior High - Art & Drama Educator
7013-2019 Apache Junction Unified School District OR
Assistant Manager and Painting
Instructor at Painting With A Twist
PAIGE REESOR
resume
ART GALLERIES + SHOWS
• Skyline Lofts Gallery space,Phoenix AZ,October 2014 • Aloha Yogurt,Tempe AZ,May—August 2017
• Bliss Rebar,Phoenix AZ,November 2014 • The Millet House Gallery,Mesa AZ,July—September 2017
• The Lost Leaf,Phoenix AZ,January 2015 • Treehouse Bakery,Phoenix AZ,August 2017
• Brick Urban Kitchen,Phoenix AZ,February-April 2015 • 9 The Gallery,Tiny Works,Phoenix AZ,December 2017
• Mother Bunch Brewing,Phoenix AZ,May 2015 • Grand Art Haus,Nasty Women,Phoenix AZ,January 2018
• Mother Bunch Brewing,Phoenix AZ,September 2015 • The Open Source,Tempe AZ,April 2018
• Taste of Tops,Tempe AZ,October 2015-November 2015 • Little Free Library,Southwest Human Development,
• KayRae art show called B.A.M,Handlebar,Tempe AZ,November 2015 Scottsdale AZ,April 2012
• The 9 Gallery,Phoenix AZ,December 2015 • Arizona Artisan Collective,Tempe AZ,July 2018
• MissConstrued Boutique,Phoenix AZ,January 2016—December 2016 • Unexpected,Phoenix AZ,July 2018
• Star Wars Art Show at Casa Lounge,Tempe AZ,December 2015 • Scottsdale Center of Performing Arts,#RedForEd,Scottsdale
• Treeo Art Gallery,Phoenix AZ,February 19-March 14 AZ,Sep-Nov 2018
• Skyline Lofts Art Gallery,Phoenix AZ,April 2016 • 9 The Gallery,Tiny Works,Phoenix AZ,December 2018
• Casey Moores,Art Housed,Tempe AZ,April 2016 • 6th Street Public Market,Tempe AZ,Spring 2018
• The Lost Leaf,Phoenix AZ,July 2016 • Tempe Screened,Tempe Center of the Arts,March 2019
• Treeo Art Gallery,Phoenix AZ,September 2016 • Tempe Public Library,August-December 2019
• Bubbles Bar,Scottsdale AZ,November 2016 • Tempe 150 year Anniversary Coloring Pages,2021
• 9 the Gallery,Tiny Works,Phoenix AZ,December 2016 • Valley Metro,Tempe Streetcar,Coming Soon April 2022
• Grand ArtHaus,Nasty Women,Phoenix AZ,January 2017 • Cactus Collective,Scottsdale Fashion Square Mall,March
• 9 the Gallery,Red Art For Life,Phoenix AZ,March 2017 2022 and Private Collection in Office
• Warehouse 1005,LEIA,Phoenix AZ,May 2017
MURALS
• Sunset Mural,Gililland Middle School,Tempe AZ,2018
• Tempe Sunset,Daley Park(Private resident),Tempe AZ,2021 Airbnb Mural,January 2023,Scottsdale
• Tempe RoadRunners,Gililland Middle School,Tempe AZ, • Airbnb Mural February,2023
2021 • Sol Prints,Caesar Chevaz Mural,March 2023
• Brick Road Mural,Brick Road Coffee,Tempe AZ,2021 • Personal Backayrd Mural,March 2023
• Believe I Can Academy,Tempe AZ,February 2022 • Oak Street Mural,March 2023
• City of Chandler,Digital Utility Box,April 2023
• Black History Matters,Shining Light Foundation,Phoenix AZ, . Personal Backyard 17ft high mural,Phoenix,April
March 2022 2023
• Cactus Collective,Scottsdale Fashion Square Mall,March • JoJo's ShakeBar,Scottsdale Quarter,May 2023
2022 and permanently in office • Suns and Mercury NBA mural-Footprint Arena,
September 2023
• Tempe Mural,The Tempest Hotel,Tempe AZ,2022 • Few local murals since this date...
• Dentist Mural,Ahwatukee AZ,April 2022
• Booker T Washington Child Development Center,Phoenix AZ,
June 2022
• Airbnb,Mesa AZ,July 2022
• Airbnb,Phoenix AZ,July 2022
• Amazon,Phoenix AZ,Coming Soon Fall 2022
• Private resident,Central Phoenix, September 2022
• Presidio,Restaurant in Central Phoenix,October 202
• Airbnb Mural October 2022
• ANC mural,November 2022
• Airbnb Mural,November 2022
0 Private mural,2022
PAIGE REESOR
references
Corey Woods City of Tempe Mayor
Private Art Collection
480-748-3940
cdwoods7@gmail.com
Gabe Hagen Brick Road Coffee Mural
Owner of Brick Road Coffe in Tempe
319-929-6464
brickroadcoffee@gmail.com
Brickroadtempe.com
Sarah Davis BELIEVE Mural
Believe I Can Academy in Tempe
480-577-0865
believeicanacademy@gmail.com
believeicanacademy.org
Dane Ryals Valley Metro
Tempe Streetcar Project - Coming Soon
602-523-6079
dryals@valleymetro.org
PAIGE REESOR
Imog¢s of Portfolio Work
Cesar Chavez
March 2023
Sol Prints
15ft x 30f
Anti-graffiti protection sealantt
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Monument Vally
February 2023
= Private Airbnb
16ft by 14ft on cinderblock
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Portal into a Oasis
:— April 2023
Private Backyard
Aerosol spray paint
L r
35ft by 17ft on textured
_ 80s and 90s Celebrites
Jojo's Shakebar in Scottsdale
Quarter
May 2023
4ft size heads on brick
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PAIGE REESOR
Images of Portfolio Work
BELIEVE I CAN Academy
January 2022
2120 S Rural Rd,Tempe,AZ 85282
Exterior Paint and Spray Paint
70ft by 8ft
�i Some close up images
.R
_ Each letter of BELIEVE has a historical
figure voted by the students at the
academy.
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PAIGE REESOR
Aural Narrative and Scaled Drawings of Aural
Excited to be apart of the Apache Trails Apartment complex to bring a vibrant mural to
Apache Junction that reflections the culture and community of this city. This masterpiece
will capture the essence of Arizona's stunning landscape, featuring intricate details of Gila
monsters, Havelina, mountain lions, and hummingbirds (and any other animals we would
like to add) surrounded by iconic cacti and blooms. The backdrop will showcase majestic
mountain ranges and silhouettes, creating a harmonious blend of nature and artistic
expression. Adding a touch of warmth and desert charm. The minimal silhouette of cacti
and hills will elegantly grace the mural in shades of yellow and terra-cotta, creating a serene
backdrop. In the foreground, expect highly detailed cactuses to stand out, adding depth and
capturing the essence of Arizona's unique beauty. Can't wait to see the blend of simplicity
and intricate details come together.
PAIGE REESOR
Scaled Site Plan
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Public Art Maintenance Plan
PART 1: CONTACT INFORMATION
Artist(s): Paige Reesor/Business Name Paige Reesor Art LLC
Type of Artwork: Mural
Location of Artwork: Eastern wall of the Residences at Apache Trail along Tomahawk Rd.
Responsible Person(responsible for maintenance,repair of artwork, and time frames). Please include
additional artist details in a separate attachment.
Artist: Paige Reesor/Business name Paige Reesor Art LLC
Address: 15801 S. 48th St.,Apt 1081 Phoenix, AZ 85048
Email: paige.reesor.art@gmail.com
Telephone: (269) 998-3501 Timeframe: 5 years
Property Owner: 29SC Apache Trail Property Owner LLC
Address: 20 N.Wacker STE 2050, Chicago, IL 60606
Email: mporto@29sc.com
Telephone: (847)414-5168 Timeframe: 10 years
Artist(s)Contact Information(attach additional pages if necessary)
Address: 15801 S.48th St., Phoenix,AZ 85048
Email: paige.reesor.art@gmail.com
Telephone: (269)998-3501 Webpage: paigereesor.com
Igiblly si-by Mpbael Palo
N:F--US,E=aY+arb@28ac.com,ON=2&
Michael PortoAp eTrailPmpayOwerLLQCN=Mibael 2/5/24
Property Owner Signature: oa°2�2nd.0.12:12:4&UBUtl Date:
1
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480)982-7010
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PART 2: INSTALLATION AND MAINTENANCE. When possible,please supply brand names of
materials used;product sheets; and if necessary, attach additional pages to complete this form more fully.
Medium and Technique
1. Principle materials used in fabrication, description in detail(i.e., specific metal,brand name,
source, manufacturer, etc.). If applicable, describe any electrical component used,their operation
and supplier.
Cinder block wall and masonry primer provided by the client(artist does not do this part).
2. Other materials used such as screws nailsglue, armatures etc.:
Sherwin Williams exterior paint 94 Montana spray paint cans. Paint rollers, brushes,water buckets, spray
paint caps, masking tape, plastic sheets, stencils, and a small ladder.
3. Equipment used in construction:
Projector for night time and to do the outline of the mural, a table for the projector, a small ladder, and a
wagon for materials.
4. Final work methods, describe in detail(i.e., cast,welded, carved,modeled,thrown, assembled,
etc.). If the work has been cast, specify how many have been and/or will be produced:
Primer is completed by the contractors.
Artist methods start with an exterior Sherwin Williams pain for the base,94 spray cans for detailed work,
and sealant for the last step.
5. Describe how final surface/patina achieved:
It will be done using a spray gun, brushes, rollers, and aerosol spray cans.
6. Protective coating and methods of application:
Rollers for the anti-graffiti sealant or UV protecting Modern Masters Sealant.
7. Where work was completed(i.e.,name of studio,foundry, etc.):
Will be completed at the Apache Trails Apartment Complex.
2
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480)982-7010
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8. Date work was/will be completed: Fall/Winter 2024
9. Additional comments:
The wall and complex has not been built.
Environmental Factors
1. Describe existing environmental factors which may affect the condition of the artwork and any
precautionary measures which should be taken(e.g., direct sunlight,extremes of annual rain,
temperature,air moisture or dryness, acidity of rainfall.Flooding,wind,vibrations,air pollutants,
vehicular and/or pedestrian traffic; animal interaction with artwork—potential for nesting,
droppings,etc.;human interaction with artwork—touching, sitting, climbing,vandalism):
The wall will face the east and will receive direct sun until about noon.The yellow tones may be switched to
dark blue tones,as it handles UV light better. It will likely have bird droppings,which can be cleaned off with
a water hose(do not use power wash setting).Anti-graffiti sealant helps with the elements from humans
and UV/rain.Anti-graffiti can be removed with a warm power wash.
2. Describe normal changes in the materials that may occur as part of the normal process of being
exposed to the environment:
usually like to do a satin finish for better UV protection.
Desired Appearance
1. Describe in specific terms and, if necessary,with drawings or photographs,the physical qualities
for which the responsible agency should strive to maintain the artist's intent(e.g.,matte rather
than glossy luster, color of patina).As related to natural aging of materials,what may be an
acceptable alteration in form, surface,texture, and coloration?
usually like to do a satin finish,which is better for UV reflection.
2. Is the work site specific? �✓ Yes❑No
If the work is site specific, describe in detail the particular relationship of the work to its site,
including any significant physical aspect of the site that if altered would significantly alter the
intended meaning and/or appearance of the work(e.g., landscaping, addition of new public
artworks,seating, etc.).
I will be working around the landscaping that will be on the property.We will make sure the main focus on
he mural will not be in front of a trees, big brushes, etc.Also I will be adding cactus paintings into the mural
so I would love to see cactus in the landscaping of the surrounding area.
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480)982-7010
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Maintenance/Conservation Instructions
Please provide detailed instructions regarding the methods and frequency of maintenance for the artwork
(with observations regarding permanency/durability of materials and techniques).
l. Routine maintenance (e.g.,removal of dust and dirt; maintenance of protective surfaces;
tightening, adjusting,oiling, etc.):
Cleaning should be done by the owner/complex. Make sure to not use a high power wash setting to avoid
damage.A soft-bristled brush,vacuum cleaner with a micro-suction tool, or another gentle tool is used to
remove surface dirt and dust. Do not apply too much pressure or use abrasive materials to avoid scratching
or damaaana the mural,
2. Cyclical maintenance(less frequent and more extensive preventative measures, e.g., disassembly
and inspection;reapplication of protective sealers,repainting, etc.):
If fading occurs,the artist can do a small touch up on colors.The fee can be anywhere from
$5,000-$10,000. Once re-adding colors, reapply sealant. sealant can be anywhere from$150-$280 for a
gallon for 400 square feet.
4
Planning&Zoning—Building&Safety—Revenue Development
300 E. Superstition Blvd.,Apache Junction,AZ 85119 1 Ph: (480)474-5083 1 Fax: (480)982-7010
29TH STREETCAPITAL
Itemized Budget
Public Art Fee - $100,000
- Included under Permit B-2022-1096 and paid under invoice dated 10/17/2023
Paige Reesor Contract- $74,065.20
- Per signed Contract:
0 400ftx6ft mural,excluding priming- $60,000
o Mock-up Sketches- $1,000
o Anti-Graffiti and UV Protection Sealant- $7,200
- Estimated Maintenance over 5-years(Not in Artist contract)—$4,000
Masonry Wall and Primer—GC Contract- $23,600
- Masonry Builder Wall- $22,000
- Primer- $1,600
Cast Bronze Plaque— Separate Owner Contract
- Fabrication and Installation- $1,000
Architecture, Engineering and Admin Costs - $5,000
• Architectural Updated Drawings—$1,500
• Civil Updated Drawings - $3,000
• Misc Admin- $500
29THSTPEETCAPITAL
December 13, 2023
Via email
Paige Reesor
Paige Reesor Art, LLC
15801 S 48th Street
Phoenix, AZ 85048
Re: Exterior Mural Purchase Order for Residences at Apache Trail
This Purchase Order is made as of December 12, 2023 by and between 29SC Apache Trail Property Owner LLC
("Buyer"), and Paige Reesor Art, LLC ("Seller"), for the design and installation of the exterior mural ("Contracted
Items") as shown on Schedule A, to be delivered to and installed at the building known as Residences at Apache Trail
(the"Delivery Location")
Seller warrants to Buyer that the Contracted Items furnished will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the specifications of the Contracted Items, and shall be
fit for the intended purpose.
The price shall be $ (design fee) +$ (accessories) + $ (art) (the"Contract Price")
Payment:
Payment schedule as follows:
Mural(400'x 6) - $60,000
Mock-Up Sketches- $1,000
Anti-Graffiti/UV Sealant- $7,200
Sales Tax- $5,865.20
TOTAL - $74,065.20
1
29THSTREETCAPITAL
Target Delivery,Assembly and Installation Dates
Mobilization: Fall, 2024(the"Target Date")
Design: Seller shall be responsible for complete design for the installation of the Contracted Items. Such design
services include,but are not limited to: (1)verifying all existing conditions within which the Contracted Items are to
be installed; (2) selecting the right equipment for the existing conditions and the Buyer's intended use; (3) location
of equipment for optimal use; (4)efficient traffic flow; (5)spacing around equipment; and(6)electrical layout.
Installation:
Installation Duration—4 Weeks
Seller shall provide all labor, tools and equipment necessary to assemble and install the Contracted Items at the
Delivery Location. Seller agrees to provide, at Seller's expense, daily trash removal service in connection with the
removal of trash resulting from the installation and assembly process.
Seller shall promptly report to Buyer conditions observed at the installation location prior to the commencement of
the installation of the Contract Items that would impede Seller's installation of the Contracted Items.
Seller shall supervise and direct the installation of the Contracted Items using Seller's best skill and attention. Seller
shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures of
fabrication, shipment, delivery and installation, safety and for coordinating all portions of the installation under this
Purchase Order.
Acceptance and Risk of Loss:
Upon completion of delivery and installation, Buyer shall conduct an acceptance inspection. Buyer may reject
nonconforming or damaged items by notifying Seller in writing of such rejection within 30 days after inspection.
Upon rejection, Seller shall remove the rejected items from the Project premises and replace items with conforming
or undamaged ones in a reasonable timeframe.
Notwithstanding any other provision of this Purchase Order or any requirement of law to the contrary,the risk of loss
or damage to the Contracted Items shall be and remain with Seller until the time the Contract Equipment is delivered
to the Delivery Location, installed by Seller, and accepted by Buyer, and Seller shall maintain adequate and
commercially reasonable insurance coverages for the Contract Equipment to the full extent of their replacement cost
and Buyer's security interest in the Contract Equipment shall extend to the proceeds of insurance thereon. Buyer
shall be named as an additional loss payee on all such policies.
Seller shall promptly remedy damage and loss to property, including the Contracted Items caused in whole or in part
by Seller or anyone directly or indirectly employed by Seller.
Insurance: Seller performing any work on the Buyer's property shall procure and maintain in effect during the term
of the service, and for such longer periods as required by the work,the insurance coverages described below:
a. Commercial General Liability Insurance:Bodily Injury,Property Damage,Personal Injury,Broad
Form Blanket Contractual and Broad Form Property Damage coverage, with combined single limits of not
less than One Million Dollars ($1,000,000.00) per occurrence and ($2,000,000.00) per project annual
aggregate. Name Buyer and its members, managers, agents, as "Additional Insureds" on a primary and non-
contributory basis.
2
29THSTPEETCAPITAL
b. Property Insurance:Covering all property owned by,or in control of,Seller,that is not incorporated
into the Work, including,without limitation,tools, equipment and materials.
Subcontractors: Seller shall require subcontractors to comply with the following insurance requirements:
a. Worker's Compensation Insurance: with statutory benefits and limits that fully comply with all
State and Federal requirements.
b. Coverage "B" Employer's Liability Insurance: Limits of Five Hundred Thousand Dollars
($500,000.00) per accident,Five Hundred Thousand Dollars ($500,000.00)each employee for bodily injury
due to disease.
c. Automobile Liability Insurance: Limits of Liability to be not less than One Million Dollars
($1,000,000.00).
d. Commercial General Liability Insurance:Bodily Injury,Property Damage,Personal Injury,Broad
Form Blanket Contractual and Broad Form Property Damage coverage, with combined single limits of not
less than One Million Dollars ($1,000,000.00) per occurrence and ($2,000,000.00) per project annual
aggregate. Name Buyer and its members,managers, agents, as "Additional Insureds" on a primary and non-
contributory basis.
e. Property Insurance:Covering all property owned by,or in control of,Seller,that is not incorporated
into the Work, including, without limitation,tools, equipment and materials.
Seller agrees that it will contractually obligate subcontractors to indemnify, defend and hold harmless the Buyer to
the same extent that Seller is required to indemnify and hold harmless Buyer.
Other Conditions:
Seller shall retain title to all goods subject hereof until such time as the Contracted Items are delivered to the Delivery
Location, installed by Seller, and accepted by Buyer. All goods in which Seller has, or comes to have, an interest or
which could be converted into conforming goods by Seller's manufacturing processes,shall be deemed identified as
goods to which this Purchase Order refers.
It is understood and agreed that Schedule A is intended only as a description of the Contracted Items to be supplied
under this Purchase Order and, therefore, to the extent that Schedule A consists of terms and conditions that do not
define the Contracted Items to be supplied under this Purchase Order (e.g., payment terms, limitations of liability,
dispute resolution, buyer obligations, etc.), such terms and conditions are not to be deemed a part of this Purchase
Order and shall be of no force or effect. Further,to the extent that Schedule A consists of terms and conditions that
conflict with the terms and conditions contained in the remainder of this Purchase Order, the terms and conditions
contained in the remainder of this Purchase Order shall govern and control..
Invoices should be submitted to devinvoice@29sc.com
To the full extent permitted by law, Seller agrees to defend, indemnify and save harmless Buyer from and against
any claim, cost, expense, or liability (including attorneys' fees, and including costs and attorneys' fees incurred in
enforcing this indemnity), attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of
property(including loss of use thereof),caused by, arising out of,resulting from, or occurring in connection with the
Seller's performance of its obligations under this Contract; provided, however, Seller shall have no duty under this
3
TN STREET CAPITAL
Paragraph to the extent claim, cost, expense, or liability arises out of Buyer's negligent or intentional misconduct or
the negligent or intentional misconduct of anyone for whom Buyer is liable(excepting only Seller).
Seller hereby waives any limitation on amount or type of damages,compensation or benefits payable by or for Seller
or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.
This Purchase Order contains the sole, only and entire agreement of the parties hereto and supersedes any prior
understandings or written or oral agreements between the parties respecting the subject matter hereof. No
representations,warranties or promises not expressly contained herein shall be binding upon the parties.
This Purchase Order may be amended or modified only by an instrument in writing executed by all parties hereto.
Neither this Purchase Order, nor the responsibilities, obligations, or benefits hereunder, shall be assigned by Seller
without the prior written consent of Buyer. Any such assignment if not consented to by Buyer shall be null and void
and of no force or effect. Buyer shall have the right to assign this Purchase Order to a successor developer or owner
without Seller's consent and Seller agrees to execute all documents reasonably required to facilitate such an
assignment. Nothing in this Purchase Order shall limit Buyer's right to freely assign or delegate any rights or
obligations under this Contract to any entity controlling, controlled by, or under common control with Buyer.
Any waiver of any breach hereof or default hereunder shall not constitute a waiver of any subsequent breach or default
of the same or any other provision contained herein.
All obligations of the parties created hereunder are performable in whole or in part in state and county where the
Project is located, where venue shall lie for any action brought hereunder or brought between the parties hereto.
In Witness Whereof, the parties have executed this Contract on the date above written
SELLER: BUYER:
By: By:
�r
Nam (--/ Name:
Title: Title:
Date: O��>'� Date:
4
29THSTREETCAPITAL
Schedule A
Scope of Services
Mural
- 400' x 6' Mural,not including priming
Mock-Up Sketches
- 3 Designs
Anti-Graffiti and UV Protection Sealant
- Material and Labor
Provided by Owner/GC
- Primed Wall
- Restroom on site
- Running water on site
20 N WACKER SUITE 4210 1 CHICAGO,IL 60606
28THSTRE ETCAPITA L.COM
PPACHE✓GAO
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RIZONP
Development Services Department
PUBLIC ART COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: April 3, 2024
TO: Public Art Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
In October of 2023, Jeff Curran of 29th Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29th Street
Capital formally applied for the proposed public art mural . A detailed
history of this project can be found in the March 11, 2024, Public
Hearing Staff Report (Exhibit 1) .
On March 11, 2024, Paige Reesor ("Artist") , on behalf of 29th Street
Capital, presented the proposal to the Public Art Commission
("Commission") during a public hearing. The Commission continued the
hearing and asked for revisions to include more aspects of Apache
Junction, as well as alternate color choices, at a special meeting on
April 3, 2024 .
RECOMMENDED MOTION
I move that the Public Art Commission recommend to the Apache Junction
City Council the approval of Option 1, 2, 3, 4, or 5 with Variation 1,
2, 3, 4, 5, and/or 6 submitted by the applicant for the proposed mural
along the wall facing Tomahawk Road for the new 201-unit multifamily
development known as The Residences at Apache Trail located on the
southwest corner of Broadway Avenue and Tomahawk Road subject to the
following conditions of approval:
1
Public Art in Private Development Case P-23-128-ART
April 3,2024,Public Art Commission Staff Report
PeACHE✓G
�y z City of Apache Junction
RIZONP
Development Services Department
1 . The execution of a proper contract with the City outlining, at
minimum, the art installation timeline, language to maintain
like-new conditions for at least five (5) years, inclusion of
the responsible party for maintenance and the duration of that
maintenance (even upon sale) , measures to fix damage, conditions
for potential replacement if the mural is damaged by more than
fifty (50) percent, potential replacement if the mural fades
before fifteen (15) years after installation.
Attachments:
- Exhibit 1 : Public Hearing Staff Report 3-11-2024
2
Public Art in Private Development Case P-23-128-ART
April 3,2024,Public Art Commission Staff Report
PeACHE✓G
s_ yy z City of Apache Junction
RIZONP
Development Services Department
PUBLIC ART COMMISSION
PUBLIC HEARING STAFF REPORT
DATE: March 11, 2024
TO: Public Art Commission
THROUGH: Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
FROM: Erika Hernandez, Associate Planner
CASE NUMBER: P-23-128-ART
REQUEST: A proposal by 29th Street Capital for a public art mural
along the eastern wall of the new multifamily
development known as The Residences at Apache Trail,
located on the southwest corner of Broadway Avenue and
Tomahawk Road.
BACKGROUND
A developer may use one (1) of the following options to satisfy the
Public Art requirement that is triggered during the building permit
process for new commercial developments, mixed use developments,
multifamily developments, multifamily expansions, public construction
projects, and renovations of fifty (50) percent for mixed use and/or
nonresidential buildings:
1 . Pay the Public Art fee, up to a maximum of $100, 000; or
2 . Formally apply for a public art project in lieu of the fee. The
estimated cost of the art must be at least the cost of the Public
Art fee.
In October of 2023, Jeff Curran of 29t' Street Capital reached out to
Planning Staff to propose a public art mural along a wall that will be
built for the new multifamily development known as The Residences at
Apache Trail, located on the southwest corner of Broadway Avenue and
Tomahawk Road. On December 19, 2023, Michael Porto of 29th Street
Capital formally submitted an application for the proposed public art
mural (Exhibit 1) .
Up until 29th Street Capital decided to pursue a public art project,
all development projects had chosen to pay the fee. Although a few
public art projects on private property exist today, this proposal
will officially be the first public art on private property proposal
since the creation of Public Art Commission.
1
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
PPACHE✓GAO
�y Z City of Apache Junction
RIZONP
Development Services Department
RESEARCH
In reviewing the application materials, Staff agrees that Paige Reesor
("Artist") has ample qualifications. She has completed numerous art
mural projects throughout the Phoenix Metro Area and has showcased her
art in art galleries and art shows. Staff invited the City' s Art
Consultant, Dianne Cripe, to review the submittal, to which she noted
that she was familiar with the Artist' s work and had no objections.
The Artist' s portfolio introduced Staff to several completed art
projects utilizing mainly monochromatic color schemes with instances
of vibrant colors . The themes tend to be portraits of historical and
pop culture figures, and only two (2) previous designs in the
submittal include desert landscapes . There are, however, a number of
landscape murals found on her social media profile showcasing her
experience with this theme (www.instagram.com/paige.reesor.art/) .
The four (4) conceptual drawings show varying art styles and color
pallets; however, the scaled drawings and perspective views is
slightly different from the conceptual Option 1 .
The maintenance plan appears to be detailed enough to prepare the
owner to take over the maintenance once the Artist' s maintenance
timeframe is completed. It includes methods of protection, care,
necessary supplies and materials, and instructions for possible
fading.
This public art proposal is associated with building permit No. B-
2022-1096, for a new clubhouse within The Residences at Apache Trail,
a 201-unit rental community. The mural is proposed to be located on
the west side of Tomahawk Road facing the right-of-way, atop a gabion
wall. The Public Art fee is maxed out to a total of $100, 000, invoiced
on October 17, 2023. The itemized budget indicates the cost exceeds
the amount required for the art proposal.
RECOMMENDED MOTION
I move that the Public Art Commission recommend to the Apache Junction
City Council the approval of Option 1, 2, 3 or 4 (Exhibit 1) submitted
by the applicant for the proposed mural along the wall facing Tomahawk
Road for the new 201-unit multifamily development known as The
Residences at Apache Trail located on the southwest corner of Broadway
Avenue and Tomahawk Road subject to the following conditions of
approval:
1 . The execution of a proper contact with the City outlining, at
minimum, the art installation timeline, language to maintain
like-new conditions for at least five (5) years, inclusion of
the responsible party for maintenance and the duration of that
2
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
O� PeP'CHE✓GAO
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Development Services Department µ,�M
'9RIZONP
maintenance (even upon sale) , measures to fix damage, conditions
for potential replacement if the mural is damaged by more than
fifty (50) percent, potential replacement if the mural fades
before fifteen (15) years after installation.
Attachments:
- Exhibit 1 : 4 Conceptual Options
- Exhibit 2 : Application Materials
3
Public Art in Private Development Case P-23-128-ART
March 11,2024,Public Art Commission Staff Report
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.2.
PizoNr File ID: 24-298
Sponsor: Jennifer Pena Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Fiscal Year 2024-2025 Health and Human Services funding
recommendations.
City of Apache Junction,Arizona Page 1 Printed on 511612024
�PQ pCNE
O
Home of the Superstition Mountains
qR ONP
May 20, 2024
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: JENNIFER PENA, CITY CLERK
SUBJECT: FY 2024-2025 HEALTH&HUMAN SERVICES FUNDING
RECOMMENDATIONS
The Health&Human Services Commission received eight applications for funding for Fiscal Year
2024-2025. The Commission met on March 25' where the applicants presented information on
their requests and the services that would be provided or lost depending on funding received. On
April 22"d the Commission discussed alternative funding recommendations and voted on their
final funding recommendation. This year Council will see two funding options, one based on
$80,000, the other based on $90,000.
Total funding requested this year was $242,585,and last year it was $131,260. The significant
change arose from a new applicant who was unfamiliar with the annual allocation of funds.
1. AJ Community Development Corporation(AJ CDC) — requesting $ 7,200 for:
- Administrative costs
- Community Revitalization Projects
- Equipment
- Annual Make a Difference Day
2. Boys &Girls Club— requesting $ 35,000 for:
- Salaries
- Employee related expenses for programs such as:
o Power Hour, Project Learn,Be Great Graduate
o Career Launch
o Diplomas to Degrees
o Money Matter
3. Horizon Health and Wellness— requesting $ 3,228 for:
- Refrigerator
- Shelving and installation
4. Superstition Community Food Bank —requesting 75,000.00 for:
- Food for distribution to Apache Junction residents
- Student Backpack Program
5. A New Leaf—requesting $7,000 for:
- Emergency hotel nights for short-term shelter
- Emergency food
- Emergency essentials
- Transportation
6. Bigger Than Us —requesting $15,000 for:
- Intervention in bullying and youth suicide through nationally known speakers
7. Desert Chapel
- Refurbish Woeller Hall
o Paint interior/exterior
o Replace ceiling tiles/strip floors
o Replace or rebuild appliances in kitchen/and lighting
o Replace dining room furniture/signage
o A/C heat pump replacement
o Electrical Upgrades
- Campus-Wide Health& Safety Updates
o Clothing closet
❑ Paint/clean, replace door, flooring, and A/C heat pump
❑ Exterior/Interior clean up and painting
8. Begin Again Homes— requesting $12,550 for:
- Salaries— grant writing, serving clients, client education
- Programs—prescreen clients for emergency shelter
- Marketing - social media ads, merchandise, community events
- Operations—bank fees, donation fees
- Licensing— corporation commission, IRS paperwork,accountant advice
- Administrative— PO Box, website maintenance
S:\Boards and Commissions\Health and Human Services Commission\FY24-25 Agenda items\Council 80K 90K calculation and funding allocations
Health & Human Services 2024-2025 Funding Recommendations
A New Leaf AJ CDC B&G Club Food Bank Bigger Than us Begin Again Homes Horizon Desert Chapel Total
requesting $ 7,000.00 $ 7,200.00 $ 35,000.00 $ 75,000.00 $ 15,000.00 $ 12,550.00 $ 3,227.50 $ 101,808.00 $ 242,585.50
Chair Brennan $ 3,000.00 $ 4,000.00 $ 22,000.00 $ 36,000.00 $ 5,000.00 $ 5,000.00 $ 2,000.00 $ 3,000.00 $ 80,000.00
Vice Chair Danford $ 7,000.00 $ 7,200.00 $ - $ 50,000.00 $ - $ 12,570.00 $ 3,230.00 $ - $ 80,000.00
Commissioner Moeller $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 20,000.00 $ 7,000.00 $ 7,000.00 $ 3,000.00 $ 23,000.00 $ 80,000.00
Commissioner Voisine $ 5,587.00 $ 5,185.00 $ 5,000.00 $ 46,000.00 $ 10,000.00 $ - $ 3,228.00 $ 5,000.00 $ 80,000.00
Commissioner Smithson $ - $ - $ 10,000.00 $ 75,000.00 $ 5,000.00 $ - $ - $ - $ 90,000.00
$ 4,117.40 $ 4,277.00 $ 9,400.00 $ 45,400.00 $ 5,400.00 $ 4,914.00 $ 2,291.60 $ 6,200.00 $ 82,000.00
Commission Recommendation of$80K
Option $6,000.00 $3,500.00 $9,100.00 $50,000.00 $5,000.00 $3,000.00 $400.00 $3,000.00 $80,000.00
$80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00 $80,000.00
7.500% 4.375% 11.375% 62.500% 6.250% 3.750% 0.500% 3.750% 100.000/
Commission Recommendation of$90K
$6,750.00 $3,937.50 $10,237.50 $56,250.00 $5,625.00 $3,375.00 $450.00 $3,375.00 $90,000.00
$90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00 $90,000.00
7.500% 4.375% 11.375% 62.500% 6.250% 3.750% 0.500% 3.750% 100.000%
HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE
Amount requested /Amount awarded
FY 2012- FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- FY 2018- FY 2019- FY 2020- FY 2021- FY 2022- FY 2023- FY 2024-25
A G E N C Y 13 14 15 16 17 18 19 20 21 22 23 24
Superstition Community Food Bank 25,000 30,000 30,000 32,000 50,000 32,000 50,000 75,000 27,500 26,000 50,000 50,000 75,000
25,000 30,000 32,000 32,000 32,000 7,000 33,000 24,500 19,800 26,000 30,000 35,000 50,000-56,250
Boys and Girls Club of the East Valley 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000 35,000 35,000 35,000 35,000
8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 16,700 24,500 11,580 5,674 9,100-10,237.50
14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000 Did not 21,263 Did not
Community Alliance Against Family Abuse 7.000
14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 17,450 apply 5,760 aaaly
(CAAFA) 2021 -A New Leaf 6,000- 6,750
20,000 25,000 Did not Did not 7,060
Horizon Health & Wellness 3,228
15,000 9,500 apply apply 7,060
400 -450
24,000 24,000 6,260 6,400
AJ CDC 7,200
6,000 6,000 6,260 5,010
3,500 -3,937.50
Bigger Than Us 15,000
5,000- 5,625
Begin Again Homes 12,550
3,000-3,375
Desert Chapel
101,808
3,000- 3,375
12,000 12,185 22,800 22,800
Genesis Project 10,500 11,300 22,800 20,000 Did not apply
0 00,
Otherside Ministries 7 10,00 Did not apply
15,355 39,600 Did not Did not apply
Salvation Army 12,200 3,600 apply
East Valley Adult Resources (for Apache 30,000 30,000 30,000 30,000 40,000
Junction Senior Center 26,000 30,000 30,000 28,000 0
E.V. Adult Resources (van transportation) NA 45,000 40,000 30,000 35,000
0 0 0 0
7,735 50,000 10,000
United Way NA NA NA NA 0 10,000 2,000
Health & Human Services Commission
FY 2024-2025 Applications for Funding
• Requesting $7,000 to assist with the following:
• Emergency hotel nights providing short term shelter $3600
• Emergency food $1000
• Emergency essentials $1400
• Transportation $1000
Apache Junction Community
Aee+�, PACHE JUNCTION
it ( 0 R P 0 R A T 1 0 N
building community pride one brick at a time Development Corporation :
• Requesting $7,200 to assist with the following:
• Administrative/Operating Costs $1800
• Community Revitalization Projects $2325
• Equipment $650
• Annual Make a Difference Day $2425
/4 Boys an Girls Clu
ofte East Valley :
• Requesting $35,000 to assist with the following:
• Salaries for Employees
• Employee Related Expenses
• to conduct youth educational programming such as Project Learn, Power Hour, Be
Great Graduate, Career Launch, Diplomas to Degrees, Money Matters & Summer
Programming
COMMUNTY o Superstition Community
FOOD BANK Food Ba n k:
• Requesting $75,000 to assist with the following:
• Food $50,000
• Student Backpack Program $25,000
IV*
BROTHERSAEALING Bigger Than Us .
• Requesting $ 15,000 to assist with the following:
• Nationally known speaker presentation for schools to combat issues of bullying
and youth suicide
$5000/presentation (3)
4or
Begin A Homes :
0,
• Requesting $ 12,550 to assist with the following :
• Salaries — grant writing, serving clients, client education $5000
• Programs — prescreen clients for emergency shelter $5000
• Marketing — social media ads, merchandise, community events $1000
• Operations — bank fees, donation fees $200
• Licensing- corporate commission, IRS paperwork, accountant advice $750
• Administrative — PO box, website maintenance $600
rizon
Horizon Health & Wellness
Health and Wellness
• Requesting $3,227.50 to assist with the following:
• Purchase and installation of refrigerator $2777.50
• Purchase and installation of shelving $450
• to store fresh produce and other food items
Desert e C ap
• Requesting $ 101,808 to assist with the following:
• Refurbish Woeller Hall
• Paint interior/exterior $5,500
• Replace ceiling tiles/strip floors $2,400
• Replace or rebuild appliances in kitchen/lighting $16,400
• Replace dining room furniture/signage $16,760
• A/C heat pump replacement $9,000
• Electrical upgrades $1 ,600
• Campus-Wide Health and Safety Updates
• Clothing Closet $32,500
• Paint/clean, replace door, flooring and A/C heat pump
• Exterior/Interior $17,648
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� ;z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
QitoN►' File ID: 24-354
Sponsor:Angelie Hawley Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Resolution No. 24-18, adopting budgets and estimates of
assessments of the Apache Junction Street Lighting Improvement Districts for Fiscal Year
2025.
City of Apache Junction,Arizona Page 1 Printed on 511612024
RESOLUTION NO. 24-18
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ADOPTING THE STATEMENTS AND
ESTIMATES OF EXPENSES OF THE APACHE JUNCTION STREET
LIGHTING IMPROVEMENT DISTRICTS, WHICH SHALL CONSTITUTE
THE BUDGETS OF THE DISTRICTS FOR FISCAL YEAR 2024-2025,
PURSUANT TO A.R.S . § 48-616 AND § 42-17101 ET SEQ.
WHEREAS, the provisions of A.R.S. § 48-616 require the
governing body to levy taxes upon all property in municipal street
lighting improvement districts (`Districts") to pay the annual
expenses of said Districts; and
WHEREAS, the governing body of the municipality shall make
annual statements and estimates of the expenses of the Districts,
which shall be provided for by the levy and collection of ad
valorem taxes upon the assessed value of all the real and personal
property in the Districts; and
WHEREAS, the mayor and council desire to adopt Fiscal Year
2024-2025 final budget for the Districts .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
1) The Statement and Estimates of Expenses of the City of Apache
Junction Street Lighting Improvement Districts for Fiscal
Year 2024-2025, attached hereto and incorporated herein as
Exhibit "A", is hereby adopted.
2) The Statement and Estimates of Expenses of the City of Apache
Junction Street Lighting Improvement Districts is sufficient
to cover the purchase of energy.
3) The city clerk and city finance director are each directed to
provide copies of this resolution and such other documents as
may be necessary to cause Pinal County to levy, assess and
collect the amounts described herein from ad valorem property
taxes .
4) The adopted estimates shall constitute the budgets of the
Apache Junction Street Lighting Improvement Districts for
Fiscal Year 2024-2025 .
RESOLUTION NO. 24-18
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20—
SIGNED AND ATTESTED TO THIS DAY OF 20
WALTER "CHIP" WILSON
Mayor
ATTEST :
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
,4 5. •24-
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-18
PAGE 2 OF 2
EXHIBIT "A"
CITY OF APACHE JUNCTION, ARIZONA
Street Lighting Improvement Districts
Schedule of Estimated Assessments
Fiscal Year 2024-2025
NAME OF DISTRICT DISTRICT# PINAL ACCT.# FY24-25 Tax FY24-25
Levy Request Budgeted
Expenditure
Superstition 9708-2 6-13675-1001 1,200 1,177
Apache Villa 1 9304-1 6-13708-1001 1,700 1,673
Apache Villa 11 9708-1 6-13684-1001 1,000 979
Apache Villa III A 8011-1 6-13690-1001 800 738
Apache Villa III-IV 8203-1 6-13691-1001 1,100 1,052
Apache Villa IV 8312-1 6-13706-1001 800 727
Apache Villa V 8507-1 6-13693-1001 1,000 956
Arizona Grande 9804-1 6-13714-1001 2,500 2,469
Arroyo Verde 1-11-III 9510-1 6-13705-1001 3,400 3,460
Cimmarron 9709-1 6-13712-1001 4,000 3,996
Cortez Ranch 9801-2 6-13713-1001 2,800 2,743
Enchanted Acres 1 8706-1 6-13697-1001 700 651
Enchanted Acres 11 8709-1 6-13698-1001 800 727
Ironwood Cove 1 9508-1 6-13704-1001 1,200 1,160
Ironwood Cove II 9801-1 6-13716-1001 1,200 1,168
Ironwood Estates 9712-1 6-13715-1001 3,800 3,800
Ironwood Manor 8309-1 6-13692-1001 200 279
Renaissance Park 9712-2 6-13717-1001 2,700 2,625
Renaissance Point 1 9606-1 6-13703-1001 1,100 1,075
Renaissance Point II 9701-1 6-13710-1001 2,700 2,777
Sunrise Canyon 9707-1 6-13711-1001 9,000 8,934
Superstition Meadows 8805-1 6-13709-1001 300 279
Superstition View 8501-1 6-13707-1001 500 465
Goldview 2021-01 6-13726-1001 3,200 3,165
Coyote Crossing 2021-02 6-13725-1001 300 226
DR Horton Radiance SV-1A-1 2023-SV-1A-1 Requested 3,800 3,768
DR Horton Radiance SV-1B-1 2023-SV-1B-1 Requested 1,800 1,733
Blossom Rock 2023-SV-BR-1 Requested 3,900 3,843
Total All Districts: 57,500 56,645
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No.4.
�Piz ON* File ID: 24-431
Sponsor: Ted Wolff Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Resolution No. 24-21, adopting the budget for Fiscal Year
2024-2025 for Street Lighting Improvement District No. 2021-02 Coyote Crossing subdivision.
City of Apache Junction,Arizona Page 1 Printed on 511612024
4 Public Works Department
City of Apache Junction
Home of the Superstition Mountains
1�
fir+ �Nk1M1A
MEMORANDUM
DATE: May 8, 2024
TO: Mayor and Members of City Council
THROUGH: Bryant Powell, City Manager
Ted Wolff, Public Works Director
FROM: Emile Schmid P.E., City Engineer
SUBJECT: Streetlight Improvement District ("SLID") 2021-02-Coyote Crossing Subdivision
Resolution 24-21 Adopting the SLID Budget for Fiscal Year 2024-2025
REQUEST
Consideration and approval of the Budget Resolution for SLID No. 2021-02- Coyote Crossing
subdivision.
BACKGROUND
The creation of a Streetlight Improvement District ("SLID") is a means whereby the electrical expenses
of streetlights are paid by the levy and collection of taxes based on the number of properties within
the SLID. SLIDs are created by the submittal of a formation petition, and the subsequent approval of
three separate resolutions: 1) the intent to form a SLID; 2) ordering the installation of streetlights
within the SLID, and 3) setting forth the initial annual SLID budget.
The 12 residential parcels of the Coyote Crossing subdivision have been approved and the final plat has
been recorded. Previously, Resolution 21-08 Intent to Form Streetlight Improvement District and
Resolution 21-16 Ordering the Installation of Streetlights within the SLID were approved by council
(March 16, 2021 and April 20, 2021 respectively) when all 12 lots of the Coyote Crossing subdivision
were owned by SIG-AZ who on October 16, 2020, submitted to the city a unanimous petition for the
formation of the SLID along with an exhibit showing the boundary of the SLID. The above budget
resolution will be on the consent agenda at the May 21, 2024, city council regular meeting for final
approval.
RECOMMENDATION
Staff respectfully requests mayor and city council approve Resolution 24-21 on consent agenda at the
May 21, 2024 council meeting.
ACTION REQUIRED
This item will be for consideration and approval.
575 E. Baseline Avenue, Apache Junction, AZ 85119
Tel (480) 982-1055 # FAX (480) 983-5872
RESOLUTION NO. 24-21
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ADOPTING THE FINAL BUDGET
FOR THE STREET LIGHTING IMPROVEMENTS DISTRICT 2021-02-
COYOTE CROSSING, FOR FISCAL YEAR 2024 - 2025 BEGINNING
JULY 1, 2024 AND ENDING JUNE 30, 2025 AND LEVYING UPON
THE PROPERTY IN THE DISTRICT OR BY AN EQUAL APPORTIONMENT
OF THE TAXES NEEDED TO PAY THE EXPENSES SET FORTH IN THE
BUDGET.
WHEREAS, in accordance with the provisions of Arizona
Revised Statutes ("A.R.S. ") § 48-616, the Street Lighting
Improvement District 2021-02-Coyote Crossing (the "District") , the
mayor and city council received the proposed District budget prior
to May 21, 2024; and
WHEREAS, notice of the hearing on the statements and estimates
of expenses of the District (the "Budget") was duly published and
the hearing conducted, all as required by law; and
WHEREAS, the mayor and city council intend to adopt the fiscal
year 2024 - 2025 final budget for the District; and
WHEREAS, upon fixing, levying and assessing the amount to be
raised by ad valorem taxes on all the real and personal property
in the District or apportioned equally upon the number and
classification of properties within the District, the city clerk
is hereby directed to transmit a certified copy of this resolution
to the assessor, recorder and board of supervisors of Pinal County,
Arizona, with a request to collect such taxes in the same manner
as general city taxes .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1 . Budget Adopted. The District budget attached hereto in
Exhibit A in the amount of $226. 08 is hereby adopted as the budget
of the District for fiscal year 2024 - 2025.
2 . Amount to be Raised by Taxes . The amount of the District
budget set forth in Section 1 of this resolution is hereby fixed,
levied and assessed as the amount to be raised by the levy of ad
valorem taxes on all the real and personal property in the District
or through an equal apportionment of taxes based on the number and
classification of properties within the District. There is hereby
levied on each one hundred dollars ($100) of assessed value on all
RESOLUTION NO. 24-21
PAGE 1 OF 3
property, both real and personal within the District not exempt
from taxation, a tax rate sufficient (not greater than one dollar
and twenty cents ($1 . 20) ) to provide a fund for the annual expenses
of the SLID, said amount to be collected in the same manner as the
collection of general city taxes .
3 . No Invalidation of Proceedings . No irregularity in the
fixing, levying or assessing the amount to be raised by ad valorem
taxes or omission in the same, or irregularity of any kind in any
proceedings shall invalidate such proceeding or invalidate any
action to collect such taxes, including the conveyance of title by
any tax deed, nor shall any failure or neglect of any officer or
officers to perform any of the duties assigned to him or to them
on the day within time specified will be an invalidation of any
proceedings or of any action to collect such taxes or affect the
validity of the assessment of the budget amount and levy of taxes
or of the judgment or sale by which the collection of the same may
be enforced, or in any manner affect the lien upon such property
for the delinquent annual taxes unpaid thereon, and no overcharge
as to part of the taxes or of costs shall invalidate any
proceedings for collecting of the taxes or the foreclosure, and
all acts of officers de facto shall be valid as if performed by
officer de jure.
4 . Notice of Levy. The city clerk and city finance director
are each authorized and directed to provide the certified duplicate
copies of this resolution and such other documents as may be
necessary to cause Pinal County to levy, assess and collect the
amounts described herein from ad valorem property taxes, including
the budget, to the Pinal County Board of Supervisors, County
Assessor and County Treasurer.
5. Conflicting Resolutions Repealed. All resolutions and
parts of resolutions in conflict are hereby repealed.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF 20
Walter "Chip" Wilson
Mayor
RESOLUTION NO. 24-21
PAGE 2 OF 3
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-21
PAGE 3 OF 3
EXHIBIT A
City of Apache Junction
Street Light Improvement District
2021-02-Coyote Crossing Subdivision
Budget EY 2024 - 2025
Streetlight Improvement District
2021-02-Coyote Crossing
("SLID")
Number of streetlights 3
Energy cost per month per streetlight $6.28
Monthly energy cost for the SLID $18 . 84
Annual energy cost for the SLID $226 . 08
Number of residences in the SLID 12
Annual energy levy per residence
in the SLID $18 . 84
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� ;z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
'Piz File ID: 24-411
Sponsor: Doug Wirthgen Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Mears Group, Inc. Broadband Infrastructure Project using the
master agreement for fiber connections at a cost of$1,151,095.00 to be paid using American
Rescue Plan Act funding.
City of Apache Junction,Arizona Page 1 Printed on 511612024
O`�PQACHf✓p20
,Z Apache Junction Information Technology (IT) Department
gPIZONp
DATE: May 21, 2024
TO: Honorable Mayor and City Councilmembers
THROUGH: Bryant Powell, City Manager
FROM: Doug Wirthgen,IT Director
SUBJECT: Mears Group, Inc. Broadband Infrastructure
Last year, city IT and WUCFD staff along with the city attorney negotiated a master agreement with
Mears Group, Incorporated, (Mears Broadband), which is a national engineering, design and
construction contractor for, among other things, fiber broadband infrastructure / network systems.
Using the master agreement, the city and Mears Broadband do not have to negotiate individual
contract terms for broadband projects since Exhibit A to the master agreement includes per project
work orders.
The first project under this master agreement is fiber connections (between the PWD yard and existing
city hall campus, WUCFD plant, fire district facilities, skateboard-pool park, and 12 traffic signals),
which are essential for efficient functionality and compatibility with 21st century telecommunication
technologies. Additional infrastructure upgrade benefits as a result of this project will include
compatibility with City of Mesa telecommunication systems for public safety, extra capacity conduit
for future growth and the possibility of leasing out unused fiber with private and governmental entities.
The cost of this comprehensive project is $1,151,095,which will be paid for using available American
Rescue Plan Act (2021) ("ARPA") funding.
Staff recommends approval of: 1) the master agreement with the built-in work order procurement;
and 2) the proposed Broadband Ironwood Drive and system connection to public facilities project.
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
MASTER TELECOMMUNICATIONS INFRASTRUCTURE SERVICES
AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEARS
GROUP, INC.
THIS MASTER SERVICES AGREEMENT ("Agreement" or "MSA") is made and
entered into this 131" day of November, 2023, by and between CITY OF APACHE
JUNCTION hereinafter designated as "City of Apache Junction", "Owner" or
"City", an Arizona municipal corporation, and MEARS GROUP, INC., a Delaware
corporation, hereinafter "Contractor", both of which may be identified as the
"Parties" collectively or as a "Party" individually.
RECITALS
A. The City is in need of certain telecommunications infrastructure
procurement, construction and maintenance associated therewith work for the
City from time to time, and Contractor desires to perform such work for City from
time to time, as set forth on a "Work Order", the form of which is set forth on
EXHIBIT A hereto (the work described in any such Work Order, the "Work").
B. Each Work Order shall incorporate the terms and conditions of this
Agreement for components of the work needed from time to time.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform the Work, 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 as described
on any Work Order (each, a "Project") and in accordance with specifications set
forth in such Work Order.
2. PAYMENTS & COMPLETION: The total amount payable by City to
Contractor shall be set forth on the Work Order (the "Contract Sum") for the
performance of the Work. Upon notice that the Work is ready for final inspection
or acceptance, City representative shall promptly cause to be made an
inspection. When City finds the Work acceptable, City shall promptly submit for
processing a certificate for payment stating that to the best of their knowledge,
information and belief and on the basis of its observation and inspection, the Work
has been completed in accordance with the terms and conditions of the Work
Order and that partial payment or the entire balance due Contractor is payable.
Such payment to Contractor shall be made no later than thirty (30) calendar days
from City's receipt of Contractor's invoice for the Work performed. Provided City
is in compliance with its payment obligations to Contractor in accordance with
this agreement and there are no amounts in dispute under this agreement, no
final payment shall become due until Contractor submits to all required lien
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
waivers, releases and any other data establishing payment or satisfaction of all
Contractor's obligations which shall be conditioned upon Contractor's receipt of
payment. Provided City is in compliance with its payment obligations to
Contractor in accordance with this agreement and there are no amounts in
dispute under this agreement, if any subcontractor refuses to furnish a release
or waiver required by City, Contractor shall furnish a bond or letter of credit to
indemnify City against any such lien.
3. CONTRACT TIME: The term of this agreement is November 131h 2023
to November 13", 2026 ("Term") and shall continue on a year-to-year basis unless
terminated by a Party upon sixty (60) calendar days' written notice to the other
Party prior to the end of the then-effective term. If liquidated damages are called
for in a Work Order, upon failure to complete the Work within the time specified,
Contractor shall pay as liquidated damages for the loss of use of the benefit of the
Project the sum as provided in Table 108 of the Maricopa Association of
Governments ("MAG") Specifications per day for each day the Work remains
unfinished; provided, however, in no event: a) shall Contractor's liability for
liquidated damages exceed an amount equal to ten (10%) of the applicable
Contract Sum, b) shall Contractor be liable for any other damages related to
delays hereunder, and c) shall Contractor's overall liability relating to any Work
Order under this Agreement exceed an amount equal to 100% of the applicable
Contract Sum.
4. 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 Work to be done using sound industry
practices, methods, and in accordance with all applicable laws. Except as
provided in this agreement, Contractor shall be responsible for all construction
means, methods, techniques, sequences and procedures, and for coordinating
all portions of the Work required hereunder.
5. LABOR AND MATERIALS: Unless otherwise provided in a Work
Order, Contractor shall provide, pay and insure under the requisite laws and
regulations for all labor, materials, equipment, tools and machinery, water, heat,
utilities, transportation, other facilities and services necessary for the proper
execution and completion of the Work whether temporary or permanent, and
whether or not incorporated or to be incorporated in the Work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and specifically agrees that all Work is to be performed pursuant to the current
MAG specifications and details with Apache Junction additions. Contractor
agrees that it will conduct at least one pre-construction meeting before any Work
commences. While performing the services, Contractor shall exercise the
reasonable professional care and skill customarily exercised by members of
2
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Contractor's profession practicing in the Phoenix metropolitan area and shall use
reasonable diligence and sound judgment while performing its Work hereunder.
Contractor understands and agrees that inspection of the Work being performed
hereunder will occur by City. Contractor agrees that City will have the exclusive
right to determine, in its sole and reasonable discretion, whether the Work has
been performed in accordance with the applicable Work Order, and the MAG
specifications and details. Contractor further agrees to make such corrections
to the Work as may be directed by City prior to final acceptance of the Work to
conform to said Work Order and the MAG specifications and details, without
requirement of change order or any additional charge or cost to City whatsoever.
Contractor further agrees to make such corrections to the Work within the time
allowed for completion as long as it does not affect the overall deadline of
completion set forth in Section 3.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one year from the date of its final
acceptance under this Agreement and the Work Order, ordinary wear and tear,
alterations or repairs carried out by persons not authorized by Contractor and
unusual abuse or neglect excepted. Where the Work includes t h e
provision of materials , all materials shall , at the time of their
incorporation into the Work , be new and in accordance with
the Contract Documents and industry standards ; and where
the Work includes construction services , the Work shall be
performed in accordance with the Contract Documents ,
industry standards and all applicable laws . Any omission on the
part of City to identify defective Work or materials at the time of construction shall
not be deemed an acceptance and Contractor will be required to correct
defective Work or materials at any time before final acceptance; and within one
year from the date of final acceptance due to faults in workmanship or materials.
Contractor shall begin making any necessary repairs to the reasonable
satisfaction of City within fourteen calendar days of receipt of written notice from
City. The warranties and guarantees provided in this subsection shall survive the
expiration of this Agreement for the time period mentioned above. THE EXPRESS
WARRANTIES OF CONTRACTOR SET FORTH IN THIS AGREEMENT ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY,
EXPRESS, OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WHERE THE WORK
INCLUDES THE PROVISION OF GOODS, ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. IN
ADDITION, THE WARRANTY PROVIDED HEREUNDER IS THE SOLE AND
EXCLUSIVE REMEDY PROVIDED CITY FOR CLAIMS RELATED TO AND ARISING
FROM DEFECTIVE WORK.
8. TAXES: Contractor shall pay all license, sales, consumer, use and
other similar taxes for the Work or portions thereof provided by Contractor which
are legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
3
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
9. PERMITS & FEES: Unless otherwise provided in a Work Order,
Contractor shalt secure and pay for all applicable permits, governmental fees,
licenses and inspections necessary for the proper execution and completion of
Work. Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing
on the performance of the Work. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary 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 and after
termination of this Agreement any time Work is performed pursuant to the
warranty provisions set forth in Section 7. Contractor also acknowledges that the
tax provision of the Apache Junction Tax Code, Chapter SA, may also apply and if
so, shall obtain a transaction privilege license and/or other licenses as may be
required by the city code. Any activity by subcontractors within the corporate city
limits will invoke the same business license regulations on any subcontractors,
and Contractor ensures its subcontractors will obtain any required licenses.
Further, Contractor agrees to pay all applicable privilege and use taxes that are
applicable to the activities, products and services provided under this
agreement.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the progress
of the Work. 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 set forth in the applicable Work Order.
11. 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 reasonable attorney and expert witness fees, arising from, or
alleged to have arisen from, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, Work or services of Contractor, its
agents, employees, or any tier of Contractor's subcontractors in the performance
of this Agreement, but only to the extent caused by the negligence, recklessness
or intentional wrongful conduct of Contractor or its subcontractors in the
performance of the Work under this Agreement. Contractor'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 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
4
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
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, but only to the extent caused by the negligence, recklessness or intentional
wrongful conduct of Contractor or any tier of Contractor's subcontractors or any
other person for whose acts, errors, mistakes, omissions, Work or services
Contractor may be legally liable in the performance of the Work under this
Agreement. The amount and type of insurance coverage requirements set forth
herein will in no way be construed as limiting the scope of the indemnity in this
paragraph. The rights and obligations under this Section shall survive
termination of this Agreement.
12. SUB-CONTRACTORS: 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.
13. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
Parties hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall bring suit to
enforce any terms of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all reasonable
attorney fees to be determined by the court in such action.
14. INSURANCE: Contractor, at its own expense, shall purchase and
maintain during the performance of any Work hereunder the herein stipulated
insurance with companies duly licensed in the State of Arizona, possessing a
current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of
Arizona with coverages and forms as set forth below.
All insurance required herein shall be maintained in full force and effect during
the performance of any Work hereunder; 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 respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its Board, agents, officers,
appointees, officials and employees where and to the extent permitted by law,
5
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
except to the extent any loss, claim, damage, etc. is caused by the negligence,
recklessness or willful misconduct of any party indemnified hereunder by
Contractor for Contractor's expressly assumed indemnity obligations under this
Agreement.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Contractor shall be solely responsible for the deductible
and/or self-insured retention and, in the event City has a good faith reason to
believe Contractor is unable to satisfy such deductible or self-insurance, City, in
its reasonable determination, 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,
copies of any or all of the herein required insurance 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 Board, agents, officers,
appointees, officials and employees as additional insured parties pursuant and
subject to ISO Endorsement Form CG 20 10 12 19 and/or CG 20 37 12 19 for
Commercial General Liability, and standard forms for policies other than
Commercial General Liability, but only to the extent of, and to no greater extent
than is necessary to provide insurance coverage to the additional insureds for,
Contractor's expressly assumed indemnification obligations under this
Agreement.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
$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 the liability assumed under the indemnification provisions of this
Agreement.
Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any non-standard provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall include
coverage for Contractor's operations and products and completed operations.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
If required by this Agreement, if Contractor sublets any part of the Work, services
or operations, Contractor shall purchase and maintain, at all times during
prosecution of the Work, services or operations under this Agreement, an Owner
and Contractor's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of
Contractor's Work, service or operations under this Contract. Coverage shall be
on an occurrence basis with a limit of$1 ,000,000 per occurrence, and the policy
shall be issued by the same insurance company that issues Contractor's General
Liability insurance.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work or services; and Employer's
Liability insurance of $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease polity limit.
In case any Work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability to the same extent as
required of the Contractor.
Professional Liability
Contractor will maintain Professional Liability insurance covering Contractor's
expressly assumed indemnity obligations under this Agreement during the
performance of the Work or services performed by Contractor, or any person
employed by Contractor, with a limit of $1 ,000,000 each claim.
Certificate 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 Agreement, issued by the Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of Contractor's Work or services and as evidenced by annual
Certificates of Insurance, to be filed with the City Clerk of the City of Apache
Junction.
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.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Cancellation and Expiration Notice
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
15. CHANGE ORDERS: The Parties acknowledge a change order in the
form of EXHIBIT B as attached to this Agreement is a written order executed by
both Parties, issued after execution of the Work Order authorizing a change in the
Work and/or an adjustment in the contract sum and/or the contract time. A
change order shall not be binding unless and until signed by both City and
Contractor. All such changes in the Work shall be authorized by change order
and shall be performed under the applicable conditions of the Agreement.
16. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all covenants,
agreements and obligations contained in the contract documents. Neither Party
to the contract shall assign the contract or sublet it as a whole or delegate the
duties hereunder, without the written consent of the other, nor shall Contractor
assign any monies due or to become due to it without the previous written consent
of City.
17. 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 respective parties as follows:
If to Contractor: If to City:
Mears Group, Inc. City of Apache Junction
300 W. Mercer Street, Suite 100 Attn: IT Department
Dripping Springs, TX 78620 300 E. Superstition Blvd.
Apache Junction, AZ 85119
With a copy to: With a copy to:
Mears Group, Inc. City of Apache Junction
Attn: General Counsel Attn: City Attorney
16000 College Boulevard 300 E. Superstition Blvd.
Lenexa, KS 66219 Apache Junction, AZ 85119
18. 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.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
19. PAYMENT & PERFORMANCE BONDS: City shall have the right to
require Contractor at its cost to furnish bonds covering the faithful performance
of the contract and the payment of all obligations arising hereunder.
20. SAFETY: Contractor and/or its subcontractors shall be responsible
for Contractor's job safety at all times in addition to any obligation City may have
for inspection of trench excavation as created under Occupational Safety and
Health Administration or other similar laws or regulations.
21. RIGHTS & REMEDIES: Unless otherwise specified in this agreement,
the duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder 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
thereunder except as may be specifically agreed to in writing.
22. FORCE MAJEURE: Except for the duty to make payments when due,
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 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 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
caused by Contractor. 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 either
Party may terminate a Work Order in the event that an Enforced Delay exceeds
ninety (90) calendar days.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
23. A) TERMINATION BY CITY: City shall be permitted to terminate a
Work Order or this Agreement (which shall terminate any outstanding Work
Orders) if in the discretion of City manager or his or her designee, believes
Contractor has failed to meet the terms of this Agreement, or due to an Enforced
Delay as set forth above. City shall provide Notice of Termination to Contractor
by Certified U.S. Mail ten (10) calendar days before such termination takes effect,
and in such case City shall pay Contractor for the Work performed hereunder
through the date of termination, plus any demobilization costs on the part of
Contractor.
B) TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement if City fails to make payment as agreed upon in this document, or due
to an Enforced Delay as set forth above. Any other termination will be deemed a
breach of contract by Contractor. Contractor shall provide Notice of Termination
to City by Certified U.S. Mail ten (10) calendar days before such termination takes
effect, and in such case City shall pay Contractor for the Work performed
hereunder through the date of termination.
24. LIMITATION OF LIABILITY: Notwithstanding anything to the contrary
in this agreement, neither party shall be liable under this agreement or under any
cause of action related to the subject matter of this agreement, whether in
contract, tort (including negligence), strict liability, products liability, indemnity,
contribution, or any other cause of action for punitive, exemplary, special,
indirect, incidental or consequential losses or damages, including loss of profits,
use, opportunity, revenues, financing, or business interruptions, regardless of
whether any such loss or damage was foreseeable; provided that the limitation of
liability set forth in this section shall not apply to either party's willful misconduct
and/or breach of confidentiality provisions. Notwithstanding anything in this
agreement to the contrary, the aggregate liability of Contractor for all claims,
loss, losses, damages, and expenses arising from or relating to any Work Order
shall not exceed one hundred percent(100%) of the compensation payable under
the applicable Work Order.
25. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the
contrary in this or any other document, Contractor shall have no liability for any
hazardous materials or damage caused therefrom not introduced to the work
location by it or caused by City or a third party's handling of hazardous materials,
and Contractor shall at no time be deemed to be the owner or be deemed to have
title to such pre-existing hazardous materials.
26. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
Notwithstanding anything to the contrary in this Agreement, City shall not have
the right to inspect or audit the markup of any lump sum, percentage markup or
multiplier.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
27. DISPUTE RESOLUTION:
A. Performance of Parties to Continue. Unless otherwise agreed in writing by the
Parties, during the period in which any dispute is outstanding each of Contractor
and City shall continue to perform its services and carry out its other
responsibilities in accordance with this Agreement.
B. Meet and Confer. City and Contractor shall endeavor to resolve all
disputes between them, prior to commencement of any legal
proceedings, by meeting and conferring on the issues in dispute. The
first "meet and confer" shall take place no later than fifteen (15)
calendar days after written request by one of the Parties identifying
with reasonable particularity the matters in dispute. Each meet and
confer shall be attended by representatives of each Party who are
familiar with the facts of the issues in dispute and with full authority to
settle and resolve the dispute. If any dispute has not been resolved
within thirty (30) calendar days after the first meet and confer, either
Party may initiate nonbinding mediation.
28. 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.
29. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor 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.
30. SEVERABILITY: City and Contractor 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
11
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
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.
31. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
32. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 through 35-393.03, as amended, which forbids public entities from
contracting with Contractors who engage in boycotts of the State of Israel. Should
Contractor under this Agreement engage in any such boycott against the State of
Israel, this Agreement shall be deemed automatically terminated by operation of
law. Any such boycott is a material breach of contract.
33. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating
to cancellation of contracts due to conflicts of interest shall apply to this contract.
34. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with
Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees that
Contractor does not currently and shall not for the duration of this Agreement use:
1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any
services or goods produced by the forced labor of ethnic Uyghurs in the People's
Republic of China, and/or 3) any suppliers, contractors or subcontractors that use
the forced labor or any services or goods produced by the forced labor of ethnic
Uyghurs in the People's Republic of China. If Contractor becomes aware during the
term of this Agreement that Contractor is not in compliance with this Section, then
Contractor shall notify the City within five (5) business days after becoming aware
of such noncompliance. If Contractor does not provide the City with written
certification that Contractor has remedied such noncompliance within one hundred
eighty (180) calendar days after notifying the City of such noncompliance, this
Agreement shall terminate, except that if the Agreement termination date occurs
before the end of such one hundred eighty (180) calendar day remedy period, this
Agreement shall terminate on such contract termination date.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this 13" day of
November, 2023.
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DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
CONTRACTOR:
MEARS GROUP, INC., a Delaware
corporation
DocuSigned by:
E3F&E'FB9d30E4} _.
By: Trent Edwards
Its: Executive Vice President
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
�0
By: Bryant Powell
Its: City Manager
APPROVED AS TO FORM:
A* 0 . 13. 2
R. Joel Stern
City Attorney
13
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
EXHIBIT A
Form of Work Order
Work Order No. [#]
Project: [NAME OF PROJECT]
This Work Order is entered into and governed by the Master Telecommunications
Infrastructure Services Agreement dated [MONTH] [DAY], 20[YEAR] ("Agreement') by
and between Mears Group, Inc. ("Mears") and the City of Apache Junction ("Owner") and
is effective as of the Work Order Effective Date defined below.
Work Order Effective Date: [MONTH] (DAY], 20[YEAR] (or, if not indicated,the last date of
signature below)
Mears Project-Manager:
Email:
Applicable state contractor
license number
Owner Project Manager.
Telephone:
Email:
1) Work. Mears hereby agrees to perform the Work for Owner, as described below.
a) Description of Work, Deliverables, and MEARS-Provided_ Materials: The Work,
Deliverables, and any MEARS-Provided Materials are described in the Scope of Work
attached as Attachment 1.
b) Schedule: The Schedule is set out in Attachment 2.
c) Geographic Location: Mears shall provide the Work in [City, County, State].
2) Contract Sum; Payment: Pricing.
a) Contract Sum: The Contract Sum is:
$ Please indicate ❑ Actual or ❑ Estimated
b) Payment and Pricing. Owner shall pay Mears as stated in Section 5 of the Agreement
and according to the pricing detailed in Attachment 3.
3) Owner Standards.
Applicable Owner Standards, if any, are attached hereto as Attachment 4.
4) Special Provisions.
14
DocuSign Envelope ID: B36698ED-D9A0-4EOB-BBF5-33EF053936B2
Applicable Special Provisions, if any.
The parties' respective duly authorized representatives have executed this Work Order
as of the Work Order Effective Date.
City of Apache Junction (Owner) MEARS GROUP, INC. (Mears)
By: By:
Name: Name:
Title: Title:
Date: Date:
15
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Work Order Attachment 1:
Scope of Work; Deliverables; MEARS-Provided Materials (if any)
Scope of Work:
[As appropriate, note exclusions and divide Work by Segments.]
Deliverables:
[As appropriate, note exclusions and divide Deliverables by Segments.]
MEARS-Provided Materials (if any):
[As appropriate, note exclusions and divide MEARS-Provided Materials by Segments.]
16
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Work Order Attachment 2:
Schedule
Substantial Completion Guaranteed Date (by Segment, if applicable):
17
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Work Order Attachment 3:
Pricing and Payment
Invoicing Frequency (see Section 5.2):
18
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
Work Order Attachment 4:
Owner Standards
Owner Standards are as follows:
[TBD]
[OPTIONAL: Work Order Attachment 5:
Division of Responsibility]
Owner Responsibilities
Owner-Acquired Permits, if any, are as follows:
[TBD]
[Other Owner duties]
Mears Responsibilities
MEARS-Acquired Permits, if any, are as follows:
[Other Mears duties]
19
DocuSign Envelope ID: B36698ED-D9AO-4EOB-BBF5-33EF053936B2
EXHIBIT B
Form of Change Order
Change Order[#]
This Change Order ("Change Order") is entered into and governed by the Master
Telecommunications Infrastructure Services Agreement dated [MONTH] [DAY], 20[YEAR]
("Agreement") by and between the City of Apache Junction ("Owner") and Mears Group,
Inc. ("Mears") and modifies and amends the provisions of Work Order No. [#] dated
[MONTH] [DAY], 20[YEAR] ("Work Order") and is effective as of the date of the last party's
signature below ("Change Order Effective Date").
The parties mutually agree to make the following changes to the Work Order:
1. Date of Request:
2. Original Contract Sum: $
3. Total previously Approved Change Order(s) Amount(s), if any: $
4. Current Contract Sum (original + approved Change Orders: $
5. Value of this Change Order, if any: $
6. Contract Sum as revised by this Change Order:
$ (❑ Actual or ❑ Estimated)
or
❑ Not Revised
7. Description of the Modification to the Work:
8. Revised Schedule:
Except as expressly set out herein, all terms and provisions of the Work Order, any prior
Change Orders, and this Agreement remain unmodified and in full force and effect.
Capitalized terms used but not defined herein shall have the respective meanings ascribed
to them in this Agreement.
Execution of this Change Order by both parties constitutes a binding agreement with
respect to the subject matter hereof. Owner may require consent of Mears's surety, if any,
to the terms of this Change Order.
The Parties execute this Change Order by persons duly authorized as of the Change Order
Effective Date set out above.
City of Apache Junction Owner MEARS GROUP INC. Mears
B B
Name: Name:
Title: Title:
Date: Date:
20
Alb- 300 West Mercer Street—Suite 100
m ea rs Dripping Springs,TX 78620
Orouuounu WEB mearsbroadband.net
Iko ♦�U< SEEVICESCOM-
April 12, 2024
Mr. Doug Wirthgen
IT Director
City of Apache Junction
dwirthgen@apachejunctionaz.gov
Subject: Apache Junction-Fiber Extension Ironwood Rd— Summer `24
Dear Mr. Wirthgen:
Mears Group, Inc. (Mears Broadband), a Quanta Services company, is pleased to present our
indicative, non-binding estimate for the above-referenced project.
Mears Broadband(MBB)has a long history of excellent performance in the Utility
Construction arena. Our reputation within the industry for on schedule, on budget, safe,
quality performance is well known across the country. Mears has the strength of project and
office locations across the Nation and can provide the attention required for your broadband
project.
MBB is providing lump sum pricing for the following services:
• Furnish and install all materials associated with the fiber extension from the Water
Treatment facility on the south end of the project to the Library on the north end of the
project. We will branch off to terminate at the Water Storage Facility and the Fire
Station on 16t' Street and the Community Pool off of Southern Ave.
• There are 2 locations along the route where we'll utilize existing empty 3"conduit. In
these locations we'll pull in(2) 1.25"conduit. At all HDD locations we'll install (3)
1.25" conduits.
• Pricing includes all Traffic Control and Asphalt and Concrete restoration estimated
along the route.
• Mears Broadband(MBB)will install 30"x48"06"handholes along the route at every
traffic signal light control box and additional handholes spaced approximately 1,5001f
along the route. 100' slack loops will be installed in each handhole.
• 288ct loose tube fiber cable will be furnished and installed throughout the project.
• Approximately 6 fiber test stations will be installed throughout the route to
accommodate locating the tracer wire for future utility locate operations.
• We anticipate the HDD installation across Hwy 60 to be approximately 1,4001f under
ADOT ROW and the depth under ADOT ROW will be at 20' depth min per ADOT
requirements. This may require additional work to install vaults at the traffic signals
on either side of Hwy 60 on Ironwood Dr.
• Conduit/EMT and associated tubing,brackets, J-Boxes, Patch Panels at 5 locations.
• Test/Document fiber splicing at end of project.
Pricing to Complete Project including labor, materials, traffic control and restoration:
$1 J 51,095.00
Clarifications and Exclusions:
• The estimate is contingent upon reaching a mutual agreement on the contract terms and
conditions.
• All storm water protection(BMPs),environmental studies, cost, etc. have been excluded.
• Mears' schedule does not contemplate potential delays due to insufficient utility
locates. If this is encountered, we reserve the right discuss potential adjustments to the
project schedule and ensure minimal disruption to the overall timeline.
• Based on provided information, Mears has utilized standard wage rates, not prevailing
wages. If it is determined that prevailing wages are required, it will be a change to our unit
rates.
• This proposal is based on work hours (typical 10-hour day) of Monday through Friday,
lam to 5:30pm
• The customer is responsible for all permits and landowner notifications.
• Proposal does not include the cost of testing, storing, excavating, handing or disposal of
contaminated or hazardous materials that are found at the work site, or any drill fluids
that have been contaminated by contact with such materials.
• Slurry backfill has not been specified and therefore is not priced into the hand-hole
pricing. Slurry is included in the asphalt and concrete restoration estimates.
• Mill/Overlay with slurry seal on state routes if required is not included in the pricing.
• ADA Ramp replacement is not included in the pricing.
• Permit costs will be paid by the City of Apache Junction.
Mears appreciates the opportunity to partner with The City of Apache Junction and looks
forward to the opportunity to further discuss our proposal and capabilities. Feel free to contact
me at (309) 253-6511 or kevin.pogue@mearsbroadband.net if you have any questions or
concerns.
Best regards,
44-
Kevin Pogue
Director Pre-Construction
Mears Broadband
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1 FBDC1 F
Work Order No. 3
Project: Apache Junction - Ironwood Drive Extension
This Work Order is entered into and governed by the Master Telecommunications Infrastructure Services
Agreement dated November 131h, 2023 ("Agreement") by and between Mears Broadband, LLC. ("Mears")
and the City of Apache Junction ("Owner") and is effective as of the Work Order Effective Date defined
below.
Work Order Effective Date: April 30th, 2024
Mears Project Manager: Kevin Pogue
Email: Kevin.Pogue MearsBroadband.net
Owner Project Manager: Doug Wirth en
Telephone: 480.474.5147
Email: dwirthgen@apachejunctionaz.gov
1) Work. Mears hereby agrees to perform the Work for Owner, as described below.
a) Description of Work. Deliverables, and MEARS-Provided Materials: The Work, Deliverables, and any
MEARS-Provided Materials are described in the Scope of Work attached as Attachment 1.
b) Schedule: The Schedule is set out in Attachment 2.
C) Geographic Location: Mears shall provide the Work in the City of Apache Junction, Arizona as defined
in Attachment 1.
2) Contract Sum; Payment; Pricing.
a) Contract Sum: The Contract Sum is:
$1,151,095.00 Please indicate ❑ Actual or 0 Estimated
b) Payment and Pricing: Owner shall pay Mears as stated in Section 2 of the Agreement and according
to the pricing detailed in Attachment 3.
3) Owner Standards.
Applicable Owner Standards, if any, are attached hereto as Attachment 4.
4) Special Provisions.
Not Applicable.
The parties' respective duly authorized representatives have executed this Work Order as of the Work
Order Effective Date.
City of Apache Junction (Owner) Mears Broadband, LLC (Mears)
DocuSigned by:
By: By:
CSAFC405_.
Name: Doug Wirthgen Name: Nic fi i38n3 ner
Title: IT Director Title: VP of Operations
Date: Date: 5/2/2024 1 11:36 AM EDT
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 1 of 4
Mears&City of Apache Junction
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1 FBDC1 F
Work Order Attachment 1:
Scope of Work; Deliverables; MEARS-Provided Materials
Scope of Work & Deliverables:
The"Project"for this Work Order is defined as the fiber extension from the Water Treatment facility(i.e.
south end of the Project)to the Library(i.e. on the north end of the Project), and will terminate at the
Water Storage Facility, the Fire Station on 16th Street and the Community Pool near Southern Ave.
Mears shall provide all necessary labor and materials for the construction services identified below:
• Three (3) 1.25" conduit will be installed by Horizontal Directional Drilling (HDD) throughout the
Project. 288ct loose tube fiber cable will be installed in the conduit.
• Mears will install 30"x48"x36" handholes along the route at every traffic signal light control box
and additional handholes spaced approximately 1,500 linear feet (LF) along the route. One-
hundred-foot(100') slack loops will be installed in each handhole.
• The Contract Sum includes all Traffic Control and Asphalt and Concrete restoration for the
designated route.
• Splice, test and document the fiber splicing at the end of the Project.
• Mears shall prepare and provide final redlines/as-builts for the Project.
• Additional Considerations
o Mears anticipates the HDD installation across Hwy 60 to be approximately 1,400 LF
under ADOT ROW and, per ADOT requirements, the depth will be at minimum 20'. This
may require additional work to install vaults at the traffic signals on either side of Hwy 60
on Ironwood Dr.
o Approximately six (6) fiber test stations will be installed throughout the route at mutually
agreed locations to accommodate locating the tracer wire for future utility locate
operations.
o ConduiVEMT and associated tubing, brackets, J-Boxes, Patch Panels at five(5)mutually
agreed locations of the Project.
o Mears will utilize existing empty 3' conduit to pull in two (2) 1.25" conduit at two (2)
mutually agreed locations of the Project.
MEARS-Provided Materials:
• Mears shall provide all construction related materials associated with the Scope of Work&
Deliverables.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 2 of 4
Mears&City of Apache Junction
DocuSign Envelope ID:C6D339B8-CA16-47DD-BDCB-8C4CA1 FBDC1 F
Work Order Attachment 2:
Schedule
Pursuant to Owner's written Notice to Proceed for the Project,the preliminary scheduled start date for Work
Order 3 is July 1st, 2024 with a Substantial Completion Guaranteed Date of October 31st, 2024.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 3 of 4
Mears&City of Apache Junction
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Work Order Attachment 3:
Pricing and Payment
Invoice frequency and payment shall be pursuant to section 2 of the Master Telecommunications
Infrastructure Services Agreement.
Work Order#3 for Apache Junction-Ironwood Drive Extension Page 4 of 4
Mears&City of Apache Junction
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� ;z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
'Piz File ID: 24-413
Sponsor: Doug Wirthgen Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Mears, Inc. retroactive approval for critical fiber project from
water district treatment plant on Ironwood Drive to public works yard and animal control
buildings at a cost of$327,572.00 using American Rescue Plan Act funding.
City of Apache Junction,Arizona Page 1 Printed on 511612024
O`�PQACHf✓p20
,Z Apache Junction Information Technology (IT) Department
gPIZONp
DATE: May 21, 2024
TO: Honorable Mayor and City Councilmembers
THROUGH: Bryant Powell, City Manager
FROM: Doug Wirthgen,IT Director
SUBJECT: Mears,Retroactive Approval for Critical Fiber Project
Last year,IT,PWD and WUCFD staff identified a critical need to connect new internet conduit and
fiber between WUCFD's new treatment plant on Ironwood Drive with the city's public works yard
and animal control buildings along Baseline Avenue. The existing internet access was susceptible to
permanent interrupted service and needed an immediate and sustainable upgrade. Consequently,
Mears Incorporated (Mears Broadband) was engaged to complete the infrastructure work on May 4,
2023 at a cost of$327,572 and was completed on or about July 13, 2023. The cost will be paid for
using available American Rescue Plan Act (2021) ("ARPA") funding.
Staff recommends retroactive approval.
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DUCT AND HANDHOLE INSTALLATION AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND MEARS GROUP, INC.
THIS AGREEMENT made and entered into this 2n' day of May, 2023, by and
between CITY OF APACHE JUNCTION hereinafter designated as "City of
Apache Junction" or "City", an Arizona municipal corporation, and MEARS
GROUP, INC., a Delaware corporation, hereinafter "Contractor", both of which
may be identified as the "Parties" collectively or as a "Party" individually.
RECITALS
A. In response to City's request for proposal, Contractor submitted a
proposal in which Contractor asserted its willingness, ability and qualifications to
provide this work and service (the "Work" as more fully identified in Attachment
A).
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render
the services.
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 proposal (the "Project") and in accordance
with specifications, set forth in Attachment "A" hereinafter referred to as the
"Contract Documents" which also includes this agreement, all incorporated by
reference.
2. PAYMENTS & COMPLETION: The total amount payable by City to
Contractor is an amount not to exceed Three Hundred Twenty-Seven Thousand
Five Hundred Seventy-Two Dollars and No Cents ($327,572.00) (the "Contract
Sum") for the performance of the Work under the Contract Documents. Upon
notice that the Work is ready for final inspection or acceptance, City
representative shall promptly cause to be made an inspection. When City finds
the Work acceptable under the Contract Documents, City shall promptly submit
for processing a certificate for payment stating that to the best of their
knowledge, information and belief and on the basis of its observation and
inspection, the Work has been completed in accordance with the terms and
conditions of the Contract Documents and that partial payment or the entire
balance due Contractor is payable. Such payment to Contractor shall be made no
later than thirty (30) calendar days from City's receipt of Contractor's invoice for
the Work performed. No final payment shall become due until Contractor submits
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to all required lien waivers, releases and any other data establishing payment or
satisfaction of all Contractor's obligations which shall be conditioned upon
Contractor's receipt of payment. If any subcontractor refuses to furnish a release
or waiver required by City, Contractor shall furnish a bond to indemnify City
against any such lien. If any such lien remains unsatisfied after all payments are
made, Contractor shall refund to City all monies that the latter may be compelled
to pay in discharging such liens, including all costs and reasonable attorney fees.
3. CONTRACT TIME: The term of this agreement is May 2, 2023 to
October 31, 2023. Upon failure to complete Work within the time specified,
Contractor shall pay as liquidated damages for the loss of use of the benefit of this
project the sum as provided in Table 108 of the Maricopa Association of
Governments ("MAG") Specifications per day for each day the Work remains
unfinished; provided, however, in no event: a) shall Contractor's liability for
liquidated damages exceed an amount equal to twenty-five percent (25%) of the
Contract Sum, b) shall Contractor be liable for any other damages related to
delays hereunder, and c) shall Contractor's overall liability relating to this
Agreement exceed an amount equal to 100% of the Contract Sum.
4. 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 Work to be done using his 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, sub-contractors and their agents and employees and other
persons performing any of the Work under any Contract Document.
5. LABOR AND MATERIALS: Unless otherwise provided in the Contract
Documents, Contractor shall provide, pay and insure under the requisite laws and
regulations for all labor, materials, equipment, tools and machinery, water, heat,
utilities, transportation, other facilities and services necessary for the proper
execution and completion of the Work whether temporary or permanent, and
whether or not incorporated or to be incorporated in the Work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands
and specifically agrees that all Work is to be performed pursuant to the Project
Specifications, and current Maricopa Association of Governments specifications and
details, ("MAG specifications and details") with Apache Junction additions. Contractor
agrees that it will conduct at least one pre-construction meeting before any Work
commences. While performing the services, Contractor shall exercise the reasonable
professional care and skill customarily exercised by reputed members of Contractor's
profession practicing in the Phoenix metropolitan area and shall use reasonable
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diligence and best judgment while exercising its professional skill and expertise.
Contractor shall also be responsible for all errors and omissions Contractor commits in
the performance of this Agreement. Contractor understands and agrees that inspection
of the Work being performed hereunder will occur by City. Contractor agrees that City
will have the exclusive right to determine, in its sole and reasonable discretion, whether
the Work has been performed in accordance with the Contract Documents, including
MAG specifications and details. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents including
MAG specifications and details, without requirement of change order or any additional
charge or cost to City whatsoever. Contractor further agrees to make such corrections
to the Work within the time allowed for completion as long as it does not affect the overall
deadline of completion set forth in Section 3.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one year from the date of its final
acceptance under the contract; ordinary wear and tear, alterations or repairs
carried out by persons not authorized by Contractor and unusual abuse or
neglect excepted. Any omission on the part of City to identify defective Work or
materials at the time of construction shall not be deemed an acceptance and
Contractor will be required to correct defective Work or materials at any time
before final acceptance; and within one year from the date of final acceptance
due to faults in workmanship or materials, Contractor shall begin making the
necessary repairs to the satisfaction of City within fourteen 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 Contractor
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
Contract Documents, Contractor shall provide or secure from the appropriate
sub-contractor or supplier such warranties addressed to and in favor of the City
and deliver same to the 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 shall survive the expiration of this Agreement for the time period
mentioned above. The warranties of contractor set forth in this agreement are
exclusive and in lieu of all other warranties, (including, but not limited to, all
warranties of merchantability and fitness for a particular purpose) and all
warranties arising from course of dealing and usage of trade.
8. TAXES: Contractor shall pay all license, sales, consumer, use and
other similar taxes for the Work or portions thereof provided by Contractor which
are legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
9. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all applicable permits,
governmental fees, licenses and inspections necessary for the proper execution
and completion of Work. Contractor shall give all notices and comply with all
applicable laws, ordinances, rules, regulations and lawful orders of any public
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authority bearing on the performance of the Work. City permits for this Work will
be provided to Contractor at no cost. Contractor represents and warrants that
any license necessary 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 and after
termination of this Agreement any time Work is performed pursuant to the
warranty provisions set forth in Section 7. Contractor also acknowledges that the
tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if
so, shall obtain a transaction privilege license and/or other licenses as may be
required by the city code. Any activity by subcontractors within the corporate city
limits will invoke the same business license regulations on any subcontractors,
and Contractor ensures its subcontractors will obtain any required licenses.
Further, Contractor agrees to pay all applicable privilege and use taxes that are
applicable to the activities, products and services provided under this
Agreement.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the progress
of the Work. 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:
Dominic DeLarosa
6909 E. Greenway Pkwy., Suite 175
Scottsdale, AZ 85254
480-427-5572
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, reaffirm or revise the estimated progress schedule
as submitted with the bid proposal. Said progress schedule shall be maintained
and updated during the project.
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 reasonable attorney and expert witness fees, arising from, or
alleged to have arisen from, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, Work or services of Contractor, its
agents, employees, or any tier of Contractor's subcontractors in the performance
of this Agreement, but only to the extent caused by the negligence, recklessness
or intentional wrongful conduct of Contractor or its subcontractors in the
performance of the Work under this Agreement or any subcontract. Contractor's
duty to defend, hold harmless and indemnify City, its special districts, elected and
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appointed officers, officials, agents, and employees shall arise in connection with
any 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, but only to the extent caused by the negligence,
recklessness or intentional wrongful conduct of Contractor or any tier of
Contractor's subcontractors or any other person for whose acts, errors,
mistakes, omissions, Work or services Contractor may be legally liable in the
performance of the Work under this Agreement or subcontract. The amount and
type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph. The rights and
obligations under this Section shall survive termination of this Agreement.
13. SUB-CONTRACTORS: All subcontractors chosen by Contractor will
be subject to City's approval. All subcontractors shall be identified by Contractor
prior to award of contract. Contractor shall make no substitutions for any
subcontractor, person or entity previously selected without the approval of City.
14. GOVERNING LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for the
purpose of enforcing a right or rights provided for in this Agreement, shall be
tried in a court of competent jurisdiction in Pinal County, State of Arizona. The
Parties hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall bring suit to
enforce any terms of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including
reasonable attorney fees to be determined by the court in such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated insurance with companies duly licensed in the
State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved
unlicensed in the State of Arizona with coverages and forms reasonably
satisfactory to the 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.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies
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or any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its Board, agents, officers,
appointees, officials and employees where and to the extent permitted by law,
except to the extent any loss, claim, damage, etc. is caused by the negligence,
recklessness or willful misconduct of any party indemnified hereunder by
Contractor for Contractor's expressly assumed indemnity obligations under this
Agreement.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and City, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
copies of any or all of the herein required insurance 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 Board, agents, officers,
appointees, officials and employees as additional insured parties pursuant and
subject to ISO Endorsement Form CG 20 10 12 19 and/or CG 20 37 12 19 for
Commercial General Liability, and standard forms for policies other than
Commercial General Liability, but only to the extent of, and to no greater extent
than is necessary to provide insurance coverage to the additional insureds for,
Contractor's expressly assumed indemnification obligations under this
Agreement.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of
$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 the liability assumed under the indemnification provisions of this
Agreement.
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Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any non-standard provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall include
coverage for Contractor's operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the Work, services
or operations, Contractor shall purchase and maintain, at all times during
prosecution of the Work, services or operations under this Agreement, an Owner
and Contractor's Protective Liability insurance policy for bodily injury and
property damage, including death, which may arise in the prosecution of
Contractor's Work, service or operations under this Contract. Coverage shall be
on an occurrence basis with a limit of$1,000,000 per occurrence, and the policy
shall be issued by the same insurance company that issues Contractor's General
Liability insurance.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the Work or services; and Employer's
Liability insurance of $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease polity limit.
In case any Work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability to the same extent as
required of the Contractor.
Professional Liability
Contractor will maintain Professional Liability insurance covering Contractor's
expressly assumed indemnity obligations under this Agreement during the
performance of the Work or services performed by Contractor, or any person
employed by Contractor, with a limit of $1,000,000 each claim.
Certificate 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 Agreement, issued by the Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of Contractor's Work or services and as evidenced by annual
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Certificates of Insurance, to be filed with the City Clerk of the City of Apache
Junction.
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.
Cancellation and Expiration Notice
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 City's Engineer, issued after execution of the contract authorizing a
change in the Work or an adjustment in the contract sum or the contract time. A
change order signed by Contractor indicates agreement with the change. City
may, without invalidating the contract, order changes in the Work within the
general scope of the contract consisting of additions, deletions or other revisions,
the contract sum, and the contract being adjusted accordingly. All such changes
in the Work shall be authorized by change order and shall be performed under the
applicable conditions of the contract documents. City Manager shall have
authority to order minor changes in the Work not involving an adjustment in the
contract sum or extension of contract time and not inconsistent with the intent of
the Contract Documents. All such changes shall be affected by written order and
shall be binding upon City and Contractor.
17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all covenants,
agreements and obligations contained in the contract documents. Neither Party
to the contract shall assign the contract or sublet it as a whole or delegate the
duties hereunder, without the written consent of the other, nor shall Contractor
assign any monies due 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.
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20. PAYMENT & PERFORMANCE BONDS: City shall have the right to
require Contractor to furnish bonds covering the faithful performance of the
contract and the payment of all obligations arising hereunder.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for Contractor's job safety at all times in addition to any obligation
City may have for inspection of trench excavation as created under Occupational
Safety and Health Administration or other similar laws or regulations.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available thereunder 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 thereunder except as may be specifically
agreed to in writing.
23. FORCE MAJEURE: Except for the duty to make payments when due,
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 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 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
caused by Contractor. 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.
24. TERMINATION BY CITY: City shall be permitted to terminate this
Agreement if in the discretion of City manager or his or her designee, believes
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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.
25. TERMINATION BY CONTRACTOR: Contractor may terminate this
Agreement if City fails to make payment as agreed upon in this document. Any
other termination will be deemed a breach of contract by Contractor. Contractor
shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar
days before such termination takes effect.
26. LIMITATION OF LIABILITY: Notwithstanding anything to the contrary
in this agreement, neither party shall be liable under this agreement or under any
cause of action related to the subject matter of this agreement, whether in
contract, tort (including negligence), strict liability, products liability, indemnity,
contribution, or any other cause of action for punitive, exemplary, special,
indirect, incidental or consequential losses or damages, including loss of profits,
use, opportunity, revenues, financing, or business interruptions, regardless of
whether any such loss or damage was foreseeable; provided that the limitation of
liability set forth in this section shall not apply to either party's willful misconduct
and/or breach of confidentiality provisions.
27. HAZARDOUS MATERIAL LIABILITY: Notwithstanding anything to the
contrary in this or any other document, contractor shall have no liability for any
hazardous materials or damage caused therefrom not introduced to the work
location by it or caused by City or a third party's handling of hazardous materials,
and Contractor shall at no time be deemed to be the owner or be deemed to have
title to such pre-existing hazardous materials.
28. 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.
Notwithstanding anything to the contrary in this Agreement, City shall not have
the right to inspect or audit the markup of any lump sum, percentage markup or
multiplier.
29. DISPUTE RESOLUTION:
A. Performance of Parties to Continue. Unless otherwise agreed in writing by the
Parties, during the period in which any dispute is outstanding each of Contractor
and City shall continue to perform its services and carry out its other
responsibilities in accordance with this Agreement.
B. Meet and Confer. City and Contractor shall endeavor to resolve all disputes
between them, prior to commencement of any legal proceedings, by meeting and
conferring on the issues in dispute. The first"meet and confer" shall take place no
10
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
later than fifteen (15) calendar days after written request by one of the Parties
identifying with reasonable particularity the matters in dispute. Each meet and
confer shall be attended by representatives of each Party who are familiar with the
facts of the issues in dispute and with full authority to settle and resolve the
dispute. If any dispute has not been resolved within thirty (30) calendar days after
the first meet and confer, either Party may initiate nonbinding mediation.
30. 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.
31. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor 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.
32. SEVERABILITY: City and Contractor 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.
33. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
34. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
393 through 35-393.03, as amended, which forbids public entities from
11
DocuSign Envelope ID:3C099725-91B2-4AA8-A36B-F80AE8E669F9
contracting with Contractors who engage in boycotts of the State of Israel. Should
Contractor under this Agreement engage in any such boycott against the State of
Israel, this Agreement shall be deemed automatically terminated by operation of
law. Any such boycott is a material breach of contract.
35. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating
to cancellation of contracts due to conflicts of interest shall apply to this contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this 2n' day of
May, 2023.
CONTRACTOR:
MEARS GROUP, INC., a Delaware
corporation
F(IDocuSigned by:
By: Nic Linder
Its: VP of Operations
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
DocuSigned by:
-E f usb�
z 3Frt3^��Bd,4D...
By: Matt Busby
Its: Assistant City Manager
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
A4[;[;
R. Joel Stern
City Attorney
12
DocuSign Envelope ID:3CO99725-91 B2-4AA8-A36B-F80AE8E669F9
ATTACHMENT A
6909 E Gr"nwey P+avy M175
t m e a rS `cntlufaie, 85254
�=not
April 24,2023
Mr.Doug Wirthgen
IT Director
City of Apache Junction
dwirthgen(iDarracheiunctionaz.gov
480-474-5147
Subject:Duct as Handhole Install-Baseline Rd from Ironwood to AJ Facilities
Dear Mr.Wirthgen:
Mears Group.InLiblor5 Broadband),a Shlanla St rvices company,is pleased to present our proposal for
the above-referenced project.
Mears has a long history of excellent performance in the Utility Construction arena Our reputation within
the industry for on schedule,on budget,safe,quality performance is well known across the country. flas
the strength of project and office locations across the Nation and can provide the attention required for your
broadband project.
Per our discussions and ongoing discussions with yourteam,it has been determined that the SOW for Mears
primarily consists of the civil or underground work associated with the referenced project.
Primary Installation SOW:
• Installation of 3 ea. 1.25"HDPE duct along with a 12ga tracer wire approximately 7,700 If starting
at the existing hand hole at the S/W corner of Baseline and Ironwood going East on the South side
of Baseline ending in front of the Animal Shelter.
• Verify the location of any marked utilities prior to any excavation beginning.
• Mandrel test the 1.25"duct prior to installation of the 144ct fiber cable.Mule tape will be installed
in the two empty duct and secured and capped at each end.
• Install 7 ea.#7 hand holes and 2 ea.#9 hand holes.
• 50'slack loop of the 144ct fiber will be placed in each hand hole
• Fiber will be reel tested prior to installation in the conduit to ensure no damage during delivery.
Enrineerine BuildinY SOW:
• Furnish and install 30"x48"x24"handhole in ROW in front of Engineering building.
• Furnish and install splice case 144et/48ct.
• Furnish and install approximately 1501f of(2)2"IIDPE conduit from handholc in front of building
to new handhole(17"x30"x24")placed on N/E corner of Engineering building.
• Install(2)2"PVC conduit on outside of building on N/E corner and penetrate building on 2rd floor.
13
DocuSign Envelope ID:3C099725-9lB2-4AA8-A36B-F80AE8E669F9
• Hang 1.25"fire-rated corrugated conduit on ceiling rafters above drop-ceiling tiles to IT room in
back of building on 21 floor.
• furnish and place 48ct luuse Lobe single mode fiber optic cable from handhole at ROW to patch
panel in IT room,
• Provide splice panel and splice 12ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
WVarer Trearment Plant SOW:
• Furnish and install approximately 1251f of 2" HDPE conduit in shallow trench(12"to 16") for
temporary connection.
• Furnish and install splice case(144ct/48et)in existing handhole on N/E corner of property.
• 2001f slack loop of 144ct fiber for future permanent install at new IT building
• Furnish and install approximately 3001f of 48ct loose tube single mode fiber optic cable in
temporary duct and existing 2"conduit at pole(50'slack at handhole,200' install, 50'slack to IT
closet).
• Provide splice panel and splice 12ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
Lump Sum Price to provide materials and services described above:
$327,572.00 ('Three Hundred Twenty-Seven Thousand,Five Hundred Seventy"Iwo Dollars)
Additional clarifications:
• Proposal is contingent upon reaching a mutual agreement on the contract terms and conditions
• All real material i.e.duct,caps,vaults,mule tape,fiber is provided by Mears
• All permits required will be provided by the City
• Traffic control will consist of signs and barricades. No provisions have been made for flaggers
and/or police detail
• Cleanup will consist of backfill and rough grading of area back to existing levels. No vegetation
included
• Any disturbed hard surface will be restored to MAG Spec
• Based on provided information.Mears has utilized standard wage rates,not prevailing wages. If it
is determined that prevailing wages are required it will be a change to our unit rates.
• All permitting cost has been excluded.
• Mears will utilize space inside the Water Facility for any misc.equipment and materials if overnight
storage is required
• All storm water protection(BMPs),environmental studies,cost,etc.has been excluded
Mears appreciates the opportunity to partner with The City of Apache Junction and looks forward to the
opportunity to further discuss our proposal and capabilities.Feel free to contact myself at 309-253-651 1 or
kevin.kucueruntears.net for any further questions or clarifications.
Best regards,
Kevin Pogue
Director,Pre-Construction
Mears Broadband
ACCEPTED:
The above paces,specificaoonsand condobons are s3bsfactory
and hereby accepted.
Buyer: L /J
Signature:
Date of acceptance:
L-
14
Alb- Scottsdale,
E.Greenway Pkwy#175
mears Scottsdale,AZ 85254
wee mears.net
O
�
April 24,2023
Mr. Doug Wirthgen
IT Director
City of Apache Junction
dwirthgen(kapachejunctionaz.gov
480-474-5147
Subject: Duct& Handhole Install—Baseline Rd from Ironwood to AJ Facilities
Dear Mr. Wirthgen:
Mears Group, Inc. (Mears Broadband), a Quanta Services company, is pleased to present our proposal for
the above-referenced project.
Mears has a long history of excellent performance in the Utility Construction arena. Our reputation within
the industry for on schedule, on budget, safe, quality performance is well known across the country. Has
the strength of project and office locations across the Nation and can provide the attention required for your
broadband project.
Per our discussions and ongoing discussions with your team,it has been determined that the SOW for Mears
primarily consists of the civil or underground work associated with the referenced project.
Primary Installation SOW.•
• Installation of 3 ea. 1.25"HDPE duct along with a 12ga tracer wire approximately 7,7001f starting
at the existing hand hole at the S/W corner of Baseline and Ironwood going East on the South side
of Baseline ending in front of the Animal Shelter.
• Verify the location of any marked utilities prior to any excavation beginning.
• Mandrel test the 1.25"duct prior to installation of the 144ct fiber cable. Mule tape will be installed
in the two empty duct and secured and capped at each end.
• Install 7 ea. #7 hand holes and 2 ea.#9 hand holes.
• 50' slack loop of the 144ct fiber will be placed in each hand hole
• Fiber will be reel tested prior to installation in the conduit to ensure no damage during delivery.
Enzineerinz Buildinje SOW.•
• Furnish and install 30"x48"x24"handhole in ROW in front of Engineering building.
• Furnish and install splice case 144ct/48ct.
• Furnish and install approximately 1501f of (2)2"HDPE conduit from handhole in front of building
to new handhole(17"x30"x24")placed on N/E corner of Engineering building.
• Install(2)2"PVC conduit on outside of building on N/E corner and penetrate building on 2nd floor.
• Hang 1.25" fire-rated corrugated conduit on ceiling rafters above drop-ceiling tiles to IT room in
back of building on 2nd floor.
• Furnish and place 48ct loose tube single mode fiber optic cable from handhole at ROW to patch
panel in IT room.
• Provide splice panel and splice 12ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
Water Treatment Plant SOW.•
• Furnish and install approximately 1251f of 2" HDPE conduit in shallow trench (12" to 16") for
temporary connection.
• Furnish and install splice case (144ct/48ct) in existing handhole on N/E corner of property.
• 2001f slack loop of 144ct fiber for future permanent install at new IT building
• Furnish and install approximately 3001f of 48ct loose tube single mode fiber optic cable in
temporary duct and existing 2" conduit at pole (50' slack at handhole, 200' install, 50' slack in IT
closet).
• Provide splice panel and splice 12ct of the 48ct fiber.
• Final testing per specifications of fiber placed. Reports provided.
Lump Sum Price to provide materials and services described above:
$3279572.00 (Three Hundred Twenty-Seven Thousand,Five Hundred Seventy Two Dollars)
Additional clarifications:
• Proposal is contingent upon reaching a mutual agreement on the contract terms and conditions
• All real material i.e. duct, caps,vaults,mule tape,fiber is provided by Mears
• All permits required will be provided by the City
• Traffic control will consist of signs and barricades. No provisions have been made for flaggers
and/or police detail
• Cleanup will consist of backfill and rough grading of area back to existing levels. No vegetation
included
• Any disturbed hard surface will be restored to MAG Spec
• Based on provided information,Mears has utilized standard wage rates,not prevailing wages. If it
is determined that prevailing wages are required it will be a change to our unit rates.
• All permitting cost has been excluded.
• Mears will utilize space inside the Water Facility for any misc.equipment and materials if overnight
storage is required
• All storm water protection(BMPs),environmental studies,cost, etc. has been excluded
Mears appreciates the opportunity to partner with The City of Apache Junction and looks forward to the
opportunity to further discuss our proposal and capabilities.Feel free to contact myself at 309-253-6511 or
kevin.pogue(kmears.net for any further questions or clarifications.
Best regards,
Kevin Pogue
0
Director,Pre-Construction
Mears Broadband
ACCEPTED:
The above prices, specifications and conditions are satisfactory
and hereby accepted.
Buyer:
Signature:
Date of Acceptance:
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 7.
'Piz File ID: 24-415
Sponsor: Michael Pooley Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Resolution No. 24-20, authorizing the City of Apache Junction to
enter into an intergovernmental agreement with Apache Junction Unified School District#43 for
grant-funded School Resource Officers.
City of Apache Junction,Arizona Page 1 Printed on 511612024
" Apache Junction Police Department
a Memorandum
Date: May 7, 2024
To: Mayor Chip Wilson and the City Council
From: Chief Michael Pooley
Subject: Resolution 24-20 - Revision to the Intergovernmental Agreement
established with Apache Junction Unified School District.
The Apache Junction Police Department (AJPD) is seeking approval for
Resolution 24-20, an Intergovernmental Agreement to prolong the presence of
School Resources Officers at the Apache Junction Unified School District
(AJUSD) and to expand staffing at Desert Vista Elementary and Four Peaks
Elementary Schools.
The Arizona Department of Education has granted funding of $139,671 .89 to
cover the salaries and benefits of these officers.
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION
AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 TO PROVIDE
ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF ("ESSER")
FUNDED SCHOOL RESOURCE OFFICER AT APACHE JUNCTION HIGH SCHOOL
HIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made as of j
the d ay of 20A�("Effective Date") by and between CITY OF
APACHE JUNCTION, an Arizona municipal corporation ("City") and APACHE
JUNCTION UNIFIED SCHOOL DISTRICT #43, a political subdivision of the State of
Arizona, on behalf of "Apache Junction High School" ("School"). City and School are I
sometimes referred to herein collectively as the "Parties," or individually as a "Party," i
RECITALS
A. School desires City to assign a police officer to School to perform as a school
resource officer ("SRO") to provide the SRO services expressed In § 5 of this
Agreement, and City is willing to assign a police officer to School for such purpose
under the terms and conditions of this Agreement.
B. The Parties are authorized by A.R.S. §§ 15-342(13) and 11-952 to enter into
this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
promises and covenants set forth herein, and for other consideration, the receipt and
adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Services. City shall assign one police officer to School seven (7) calendar days
prior to the commencement of the school year projected to be starting on or about
July 25, 2022 and July 18, 2023 for the first two years this Agreement is in effect
until the end of the corresponding school years projected to be ending on May 25,
2022 and May 23, 2024 respectively, to perform SRO duties at Apache Junction
High School at 2525 South Ironwood Drive, Apache Junction, Arizona.
2. Term and Terminati n. This Agreement shall commence on the Effective Date
and shall continue until May 31, 2024, however, either Party may terminate this
Agreement for any reason with thirty (30) calendar days' prior written notice to
the other Party by first class certified mail, postage prepaid, addressed to the
other Party as set forth In § 11 of this Agreement.
3. $klationship of Parties. City shall have the status of an independent contractor
for purposes of this Agreement. This Agreement is not intended
AJHS SRO IGA 2022-2024-Page 1 of 12
to and will not constitute, create, give rise to, or otherwise recognize a joint
venture, partnership, or formal business association or organization of any kind
between the Parties, and the rights and obligations of the Parties shall only be
those expressly set forth in this Agreement. The Parties agree that no person
supplied by School to accomplish the goals of this Agreement is a City employee.
The assigned SRO shall be considered an employee of City and shall be
subject to its control and supervision. The assigned SRO will be subject to current
procedures in effect for City police officers, including attendance at all mandated
training and testing to maintain state peace officer certification. The assigned
SRO shall fulfill duties as a law enforcement officer as certified by the Arizona
Police Officers Standards and Training board ("AZ POST"). School shall not
Interfere with the assigned SRO duties as a sworn law enforcement officer.
City understands that School is responsible for the safety of students on
campus during curriculum hours. If School receives information that the assigned
SRO may have engaged in unprofessional, illegal, or immoral conduct, School
will immediately provide such information to City. If City receives information from
any credible source indicating that the assigned SRO may have engaged in
unprofessional, illegal, or immoral conduct that would affect the officer's ability to
safely and/or professionally perform duties for School, City will immediately
provide such information, as allowed by law, to School.
If any alleged unprofessional, illegal, or immoral conduct might affect the
SRO's ability to safely and/or professionally perform duties for School, City will
immediately remove the SRO from School to allow City and/or School to
investigate the allegations. City agrees to temporarily assign a replacement
police officer to School in this situation and if a replacement officer cannot be
provided, School will be credited for each day an officer is not assigned to the
campus. School, at its sole discretion, may refuse the assignment of any officer
who has previously been removed from School because of allegations of
unprofessional, illegal, or immoral conduct.
School shall reimburse City for the costs of SRO's compensation for: 1) days
School is in session and the SRO is present at School; 2) when the SRO is not at
the School due to an off-campus activity at School's request; 3) when SRO is
involved In activity stemming from action taken by the officer while in service of
School, including attendance at court; and 4) when the SRO is working an
alternative work schedule as agreed upon by City and School. City Is responsible
for the costs of SRO's compensation for all other hours of work performed by
SRO.
2
4. Costs and Payment.
c
a. Cost of Wages for Antici ated Scheduled Hours. School agrees to pay City
One Hundred Fifty Seven Thousand Nine Hundred Dollars and Ninety Nine
Cents ($157,900.99) for Fiscal Year 2022-2023 in consideration for the SRO
services provided by City as set forth in Section 5 below.
b. Overtime. The SRO must seek approval from the School principal, or the
principal's designee, and the appropriate city police department supervisor
before working on SRO-related overtime (i.e., those matters pertaining to the
School, its students, or its employees). School shall pay one hundred percent
(100%) of any SRO overtime worked as the result of SRO-related functions.
City shall pay one hundred percent (100%) of any SRO overtime that result
from City-related activities (i.e., those matters that do not involve the School, Its t
students, or its employees). The SRO and City shall make every reasonable
effort to ensure that the SRO does not incur overtime costs in any given week.
c. Payment and Late Fees. Payment to City from School is due within thirty
(30) calendar days of the School's receipt of a monthly itemized invoice. School
agrees to pay interest ("late fees") In the amount of ten percent (10%) per
annum on any balance that remains unpaid more than fifteen
(15) calendar days after the due date. City may, at its discretion, waive late
fees on a case-by-case basis.
d. Budget. Each Party will establish and maintain a budget according to Its
established rules and regulations.
5. SRO's Responsibilities and Goals.
a. The SRO shall have the following responsibilities.
L Establish and maintain a professional working relationship with School
officials, including but not limited to assisting in repetitive truancy matters
that become more time consuming for School's administration.
ii. Provide appropriate police and enforcement services at School.
III. Work cooperatively with School administrators and parents to Identify
students exhibiting high truancy rates.
3
iv. Investigate all reported child abuse incidents within the School's i
premises.
v. Contact the parent or guardian of students who have not provided School
with proof of identification in accordance with A.R.S. § 15- 828,
i
vi. Prepare and maintain such records of their activities as are required by the
operational needs of the Apache Junction Police Department.
b. An SRO shall use good faith efforts to achieve the following goals:
i. Work cooperatively with School administrators to establish an effective
administrative review of truancy and repetitive Incidents with the objective
of reducing truancy. !
ii. Refer juveniles or their parents/guardians to appropriate social service
agencies for assistance when a need is determined.
iii. Instruct School administrators and faculty members in: (a) the
identification of abused or neglected children; (b) the reporting of abuse or
neglect; and (c) the actions that can be taken to prevent further abuse or
neglect.
iv. Provide educational programs in truancy, abuse, or any other topic
mutually agreed upon by the Parties in writing.
V. Take appropriate steps, including enforcement and reporting action,
consistent with a police officer's duty, upon the discovery of child abuse,
drug use, or any other crime.
c. The SRO, at his or her discretion, may perform the following additional tasks
to enhance school efficiency:
I. Plan School security improvements.
ii. Prepare law-related education lessons.
iii. Develop collaborations with community resources, identifying services
offered that could benefit students.
iv. Conduct School safety assessments.
v. Plan in-service training.
4
vi. Collaborate with School administration to analyze criminal Incident reports
and disciplinary records as a means of identifying patterns and developing
strategies to address problems.
vii. Work with community-based and youth recreational and leadership
development activities that complement and reinforce School safety
priorities.
viii. Attend training opportunities.
Time and Place of Performance.
a. City will ensure that the assigned SRO will provide the services under this
Agreement in a full-time, forty (40) hour a week capacity when school is in
session and as School requests during out-of-session breaks. The assigned
officer will wear uniforms as authorized by City.
b. The SRO's activities will be restricted to the assigned School grounds except
for,
L Follow-up home visits when needed as a result of School-related matters.
ii. Incentive programs approved in writing (for example, by e-mail) between
the police department supervisor and School's principal, or the principal's
designee.
ill. In response to off campus, but School-related, criminal activity.
iv. Attendance at off-campus events or meetings at School's request.
v. Attendance at training.
vi. In response to emergency police activities.
vii. As directed by any police department supervisor.
viii.During days that School is not In session, the assigned SRO shall perform
his or her regular duties at a duty station as determined by City.
�~1
�. School Responsibilities.
a. School will provide the SRO with an office at School and such equipment and
office supplies as is necessary for performance of the duties noted in this
Agreement, including a desk, chair, telephone, computer and e-
5
mail linkages, and filing space capable of being secured.
b. Upon termination, all property or equipment used by the Parties in the
performance of their responsibilities under this Agreement shall remain the
property of the Party that purchased the property or equipment.
i
. Status Meetings. By mutual agreement, the Parties may meet from time to time
for purposes of discussing the status and conduct of the work being performed
under this Agreement and addressing any problems that have come to the
Parties' attention and their views as to how such problems may be resolved,
including amending the terms and conditions of this Agreement.
.W,Entire Agreement. This Agreement and any attachments represent the entire
agreement between the Parties 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. All amendments to this Agreement must be in writing and
�fjA to
approved by the city council and school's board.
KVk-11` 11.Notices. Except as otherwise required by law, any notice required or permitted
under this Agreement shall be in writing and shall be given by personal delivery, or
by deposit in the United States mail, certified or registered, return receipt
requested, postage prepaid, addressed to the Parties at their respective
addresses set forth below, or at such other address as a Party may designate in
writing pursuant to the terms of this section.
City: Apache Junction Police Department
Attn: Chief of Police
300 E. Superstition Blvd. Apache
Junction,Arizona 85119
With a copy to: City of Apache Junction
Attn: City Attorney
300 E. Superstition Blvd. Apache
Junction,Arizona 85119
6
School: Apache Junction Unified School District
Attn: School Superintendent
1575 W. Southern Ave.
Apache Junction, Arizona 85119
With a copy to: Apache Junction Unified School District
Attn: Chief Financial Officer 1575
W. Southern Ave.
Apache Junction, Arizona 85119
12.Fingerprinting and Background Check. City represents and warrants that the
SRO meets all fingerprinting and background check clearances as per AZPOST
requirements to serve as a peace officer in the State of Arizona.
13.Legal Worker Reauirements. The Parties warrant their respective compliance
with all federal immigration laws and regulations relating to their respective
employees and each Party respectively warrants its respective compliance with
A.R.S. § 23-214(A). Any breach of the warranties under this paragraph will be
deemed a material breach of the Agreement and is subject to penalties up to and
including termination of the Agreement.
14.Severability. The Panties 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.
15.Governing Law, Venue and Attorney Fees. 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, 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
7
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 reasonable attorney fees to be determined by the court
in such action.
16. Successors. Assignment & Delegation. The obligations and rights created in
this Agreement are binding upon and shall inure to the benefit of the Parties and
their successors, assigns and legal representatives. Neither Party may assign,
sublet or delegate the duties hereunder, without the prior written approval of the
other Party. Such successor or assignee shall assume, in writing, all duties and
obligations hereunder of the prior parry and shall further agree to be bound by and
to fully perform the terms of this Agreement.
17.Cancellation for Conflict of Interest City and School acknowledge that this
Agreement is subject to cancellation by either Party pursuant to the provisions of
A.R.S. § 38-511.
18.Nonappropriation. Each Party recognizes that the performance by either Party
under this Agreement may be dependent upon the appropriation of funds to or by
that Party. Should either Party fail to appropriate the necessary funds, that Party
may terminate this Agreement as stated herein without further duty or obligation.
Each Party agrees to give notice to the other Party as soon as reasonably possible
after the unavailability of funds comes to the Party's attention.
19. Indemnification and Insurance.
a. To the extent permitted by law, each Party (Indemnitor) covenants and
agrees to fully indemnify, defend and hold harmless the other Party
(Indemnitee), its elected and appointed officers, employees, and agents from
and against any and all suits, actions, legal or administrative proceedings,
claims, demands or damages of any kind or nature relating to this Agreement,
including attorney and expert witness fees, which, are the result of any act or
omission of the Indemnifying Party, its officers, employees, contractees,
agents, and anyone acting under its direction or control, whether reckless,
intentional or negligent, In connection with or incident to this Agreement. If
any action or claim shall be brought or asserted against either Party or its
directors, officers, agents, servants or employees for which indemnity may be
sought from either Party, the Parties shall promptly notify one another in writing.
The noticed Party shall, within ten (10) working days of receiving such notice,
assume the defense thereof, and the payment of all expenses, including any
attorney fees and all court costs which shall be paid as incurred.
8
b. Each Party warrants that it is properly and adequately insured for the activities
and performances provided under this Agreement and agrees to maintain
such insurance for the duration of the Agreement. It is understood and agreed
that either Party may elect to self-insure or obtain insurance through a pooling
agreement with other governmental entities against any or all of the risks
related to this Agreement.
c. This section shall survive the expiration or early termination of this
Agreement.
20.Workers' Com ensation. An employee of either Party shall be deemed to be an
"employee" of both public agencies while performing pursuant to this Agreement
solely for purposes of A.R.S. § 23-1022 and the Arizona Workers' Compensation
laws. The primary employer shall be solely liable for any workers' compensation
benefits, which may accrue. Each Party shall post a notice pursuant to the
provisions of A.R.S. § 23-1022(E) in substantially the following form:
"All employees are hereby further notified that they may be required
to work under the jurisdiction or control of or within the jurisdictional
boundaries of another public agency pursuant to an
intergovernmental agreement or contract, and under such
circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of workers'
compensation."
21.Family Education Rights and Privacy Act Compliance, Both Parties will ensure
that the dissemination and disposition of educational records complies at all times
with the Family Educational Rights and Privacy Act of 1974 and any subsequent
amendments thereto.
22.Time is of the Essence. Time is of the essence with respect to all provisions in this
Agreement. Any delay in performance by either Party shall constitute a material
breach of this Agreement.
23.Prohibition to Contract with Entities Who E_ nga-ge in Boycott of the State of Israel.
The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended,
which forbids public entities from contracting with entities who engage in boycotts of
the State of Israel. Should either Party engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
T4X�&A-,M 4 \�
9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above.
SCHOOL:
APACHE JUN ION UNIFIED SCHOOL DISTRICT
itA 3. ,
By: Chelsea Connolly
Its: District Board President
ATTEST:
4
[NAME]
Board Secretary
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: Walter'Chip"Wilson Its:
Mayor
ATTEST:
n ifer Penattity
C erk
10
STATE OF ARIZONA )
COUNTY OF tUt 0 ss.
The foregoing was subscribed and sworn to before me this 44k day of
Lkkt , 2Q� ,by Chelsea Connolly, Board President of the Apache
JunctioR Unified School District#43.
r
Notary Public �,ryp e ,°wFZ� l
Mu►cow COWY
cemmKsw 1556 612
My Commission Expires: µYcO1^m.ExpuesOec20, 0022
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL }
The foregoing was subscribed and sworn to before me this day of
, 2%, by Walter "Chip" Wilson, Mayor of City of Apache Junction,
Arizona, an Arizona municipal corporation, who acknowledged that he signed the
foregoing instrument on behalf of City.
Notary Public OFFICIAL-SEAL
Jennifer D Pena
NOTARY P UB UC-ARIZONA
My Commission Expires: County 49
my cant-.Exi— Nov 1 a,2023
y1 � 2 �3
11
COUNSEL APPROVAL AS TO FORM:
1 have read this Agreement and have determined such Agreement is in proper
form and is entered Into within the powers of and authority granted under the laws
of the State of Arizona.
DIstric Attorney, Rodney States Date
I have read this Agreement and have determined such Agreement is in proper
form and is entered Into within the powers of and authority granted under the laws
of the State of Arizona.
A&- - 7-
City Attorney, Richard J. Stern Date
12
Apache Junction Police Department
Memorandum
Date: July 7, 2022
To: Mayor Chip Wilson and City Council
From: Chief Michael Pooley
Subject: Resolution 22-26, Apache Junction Unified School District #43 - IGA
Agreement
Apache Junction Police Department (AJPD) has been asked to partner with the Apache
Junction Unified School District #43 (AJUSD #43) in providing them with a school resource
officer (SRO) for the Apache Junction High School with the position being filled by an AJPD
sworn police officer. The position will be 100% funded (salary and benefits) by a grant
secured by AJUSD for two (2) years. AJUSD #43 has committed to pay for any training the
officer will need in order to fulfill the requirements of the grant.
Resolution No. 22-26 which includes an intergovernmental agreement between the City of
Apache Junction and AJUSD #43, AJPD requests council approval of this partnership, The
assigned officer would perform the following:
• Provide law enforcement and police services to the students, administration, campus
and the areas in the immediate proximity to the school, will take reports, investigate
criminal incidents and enforce state and city ordinances.
• Regularly patrol the campus to deter criminal or delinquent activities; monitor uniform
crime reporting statistics (NIBRS) and act as a liaison between AJPD and AJHS and
CCJHS.
• Develop and foster a partnership with AJUSD administrators in order to create a
secure and safe leaming environment for students; assist school administrators to
enforce their own policies and procedures; protect school administrators while
weapons and/or illegal drug searches are conducted.
• Be present in situations where a student's emotional state may present a risk to other
students and staff members; and work In tandem with school administrators in
emergency crisis planning and facility security.
• Be a highly visible participant within the school community by planning, regularly
attending and participating in school-related events and functions; and build working
relationships with the school's staff and parent/teacher organizations.
• Develop and teach classes with an emphasis on the positive role of police officers in
society and other law-related education topics.
• Work with academic advisors and behavioral coaches in providing outside agency
student services.
• Interact with students in the classroom and in the common areas with the intention of
promoting law enforcement as a profession and to serve as a positive role model to
students.
RESOLUTION NO. 24-20
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH APACHE JUNCTION UNIFIED SCHOOL DISTRICT
#43 FOR GRANT-FUNDED SCHOOL RESOURCE OFFICERS .
WHEREAS, in 2022, through an Intergovernmental Agreement
("IGA") , the City of Apache Junction ("City") and the Apache
Junction Unified School District #43 ("School") , entered into
two separate agreements (the "2022 agreements") wherein the City
assigned an Apache Junction Police Department ("AJPD") peace
officer to serve as a school resource officer ("SRO") to the
Apache Junction High School and Cactus Canyon Junior High School
campuses to assist in the development and implementation of a
school safety and educational program; and
WHEREAS, in 2022, as per the IGA, the term of the 2022
agreements ends on May 31, 2024; and
WHEREAS, the City and the School desire to continue their
community partnership by entering into an amendment to the 2022
agreements for all SRO issues (hereinafter referred to as the
"First Amendment" as set forth in Attachment A) ; and
WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 15-155 and 15-
342 (13) , cities and schools may enter into IGAs with each other
for joint or cooperative activities; and
WHEREAS, the proposed First Amendment to the 2022
agreements set forth in Attachment A has been developed to allow
the City and the School to continue their community partnership.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The council hereby approves, and the mayor is authorized to
execute the First Amendment to the SRO IGA as more fully set
forth in Attachment A.
2) The chief of police is also authorized to participate in
and designate staff to fulfill all the duties of the SRO
program.
RESOLUTION NO. 24-20
PAGE 1 OF 2
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2024 .
SIGNED AND ATTESTED TO THIS DAY OF , 2024 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-20
PAGE 2 OF 2
ATTACHMENT A
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION
UNIFIED SCHOOL DISTRICT #43 FOR PROVIDING SCHOOL
RESOURCE OFFICERS
THIS FIRST AMENDMENT is made and entered into this day of
, 2024, ("the Execution Date"), by and between the CITY OF APACHE
JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE
JUNCTION UNIFIED SCHOOL DISTRICT#43, a political subdivision of the State of
Arizona, (the "District" or "School"), sometimes collectively referred to as the
"Parties" or individually as a "Party".
RECITALS
A. In July 2022, the Parties entered into two separate but similarly-worded
agreements (the "2022 agreements") wherein the City assigned an Apache
Junction Police Department("AJPD") officer to serve as a school resource officer
("SRO") to the Apache Junction High School and Cactus Canyon Junior High
School campuses to assist in the development and implementation of a school
safety and educational program.
B. The term of the 2022 agreements ends on May 31, 2024.
C. The Parties desire to continue their community partnership by creating
one comprehensive agreement modeled after the 2022 agreements for all SRO
issues and it shall be referred to as the "First Amendment" to the 2022
agreements.
AGREEMENT
NOW, THEREFORE, in consideration of mutual promises contained herein
and other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the Parties agree to amend the 2022 agreements in this
First Amendment as follows:
1) Section 1, Services, shall include the following eligible school locations
for an AJPD SRO:
a. Apache Junction High School, 2525 S. Ironwood Dr., Apache Junction,
AZ
b. Cactus Canyon Junior High School, 801 W. Southern Ave., Apache
Junction, AZ
c. Desert Vista Elementary School, 3701 E. Broadway Ave., Apache
Junction, AZ
1
d. Four Peaks Elementary School, 1785 N. Idaho Rd., Apache Junction,
AZ
e. Superstition Mountain Elementary School, 550 S. Ironwood Dr.,
Apache Junction, AZ
f. Peralta Trail Elementary School, 10965 E. Peralta Rd., Gold Canyon, AZ
2) Section 2, Term and Termination. This Agreement shall commence on the
Effective Date and shall continue until June 30, 2029 with automatic one-
year renewals for up to five additional years through 2034, however,
either Party may terminate this Agreementfor any reason upon thirty (30)
calendar days'written notice to the other Party by first class certified U.S.
mail, addressed to the other Party as set forth in § 11 of this Agreement.
3) Section 4(a), Costs and Payments.
a) Cost of Wages for Anticipated Scheduled Hours. District agrees to
pay City One Hundred Thirty Nine Thousand Six Hundred Seventy
One Dollars and Seventy Nine Cents ($139,671.79) plus an increase
of up to 10%per year for each SRO who provides services each fiscal
year as more fully set forth in Section 5 below, however, the Parties
acknowledge that such payment obligation is subject to and
conditioned upon School receiving state School Safety Grant
funding each fiscal year this Agreement is in effect.
4) Existing Section 5, SRO's Responsibilities and Goals, shall include the
following new subsections:
(vii) The SRO will partner with School Administrator and the SRO
supervisor to meet the needs of the campus for law-related
education ("LRE"). SROs shall provide LRE instruction as a
prevention activity and opportunity to build relationships. The
development and implementation of LRE must be based on a
needs assessment. The LRE may be provided virtually, but the
LRE reports shall be detailed and presented as per the School
Safety Grant.
(viii) Complete required training and reports as dictated by the
School Safety Grant.
5) Existing Section 7(a), Time and Place of Performance, is amended as
follows and renumbered as Section 6(a), with existing Section 7(b) being
renumbered as new Section 6(b):
(a) City shall assign SRO to District beginning on July 25, 2024, except
that the Parties shall have flexibility in actual start dates in order to
build in SRO prep time before students are physically present on
2
campus for the new school year. City will ensure that the assigned
SRO will provide the services under this Agreement in a full-time,
forty (40) hour a week capacity when school is in session and as
District requests during out-of-session breaks. The SRO will wear
uniforms as authorized by City.
6) Existing Section 8, School Responsibilities, is renumbered as Section 7.
7) Existing Section 9, Status Meetings, is renumbered as Section 8.
8) Existing Section 10, Entire Agreement, is renumbered as Section 9.
9) New Section 10, Nondiscrimination. Both Parties shall comply with all
applicable state and federal employment laws, rules, regulations and
executive orders that all persons shall have equal access to employment
and educational opportunities regardless of race, color, religion, sex,
age, national origin, disability, veteran's status, political affiliation,
and/or genetic code and shall comply with Executive Order 2009-09.
10) New Section 24, Retention and Inspection of Records. The Parties shall
retain and shall contractually require each other to retain, all books,
accounts, reports, files and other records relating to the performance of
the Agreement for a period of five (5) years after the completion of
termination of the Agreement and to make such documents open to the
inspection and audit at reasonable times.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as
of the date first set forth above.
SCHOOL:
APACHE JUNCTION UNIFIED SCHOOL DISTRICT
#43, a political subdivision of the State of Arizona
By: Dena Kimble
Its: District Board President
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: Walter "Chip" Wilson
Its: Mayor
3
ATTEST:
Jennifer Pena
City Clerk
4
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day
of , 2024 by Dena Kimble, District Board President of the Apache
Junction Unified School District#43.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of , 2024 by Walter "Chip" Wilson, Mayor of City of Apache
Junction, Arizona, an Arizona municipal corporation, who acknowledged that he
signed the foregoing instrument on behalf of City.
Notary Public
My Commission Expires:
5
COUNSEL APPROVAL AS TO FORM:
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the laws
of the State of Arizona.
Renee Osipov Date
District Attorney
Richard J. Stern Date
City Attorney
6
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
'Piz File ID: 24-417
Sponsor: Michael Pooley Agenda Date: 5/20/2024
Index: In Control: City Council Work Session
Presentation and discussion of Resolution No. 24-19, allowing the city to enter into an
Intergovernmental Agreement with the East Valley Critical Incident Response Team.
City of Apache Junction,Arizona Page 1 Printed on 511612024
" Apache Junction Police Department
a Memorandum
Date: May 2, 2024
To: Mayor Chip Wilson and the City Council
From: Chief Michael Pooley
Subject: East Valley Critical Incident Response Team
The City of Apache Junction Police Department (AJPD) is requesting approval
for an Intergovernmental Agreement to join the East Valley Critical Incident
Response Team.
This agreement will allow AJPD to respond to Critical Incidents in the East
Valley as a member of the team. This will give the investigators from AJPD
valuable experience and knowledge to contribute to our investigative team.
This partnership will also allow other agencies to respond to Critical Incidents in
our jurisdiction to assist with investigations where there is a criminal allegation
against a peace officer. This agreement will be in effect until July 1 st, 2034.
RESOLUTION NO. 24-19
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT FOR PARTICIPATION IN THE EAST VALLEY
CRITICAL INCIDENT RESPONSE TEAM.
WHERAS, the East Valley Critical Incident Response Team
("EVCIRT") was created to operate a regional law enforcement
mutual aid task force for critical incidents comprised of
personnel from multiple police agencies in the East Valley; and
WHEREAS, this task force will perform independent,
consistent and thorough criminal investigations of critical
force incidents and investigate criminal allegations against
peace officers employed by participating agencies; and
WHEREAS, it is the intent of the City of Apache Junction
Police Department to cooperate with other east valley law
enforcement agencies in providing mutual aid to further the
public interest; and
WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 13-3872 and 41-
1762, a public entity may enter into an intergovernmental
agreement ("IGA") with other municipalities and governmental
entities for joint or cooperative activities .
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The council hereby approves, and the mayor is authorized to
execute, the EVCIRT IGA as set forth in Attachment A.
2) The chief of police is also authorized to participate in
and designate staff to fulfill all the duties of the
EVCIRT.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2024 .
SIGNED AND ATTESTED TO THIS DAY OF , 2024 .
WALTER "CHIP" WILSON
Mayor
RESOLUTION NO. 24-19
PAGE 1 OF 2
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 24-19
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT
FOR THE EAST VALLEY CRITICAL INCIDENT RESPONSE TEAM
This Intergovernmental Agreement("Agreement") is entered into this day of
, 20245 by and between the City of Apache Junction ("Apache Junction"), City of
Chandler("Chandler"), Town of Gilbert("Gilbert"), City of Mesa("Mesa"), Town of Paradise
Valley("Paradise Valley"), Town of Queen Creek("Queen Creek"), City of Scottsdale
("Scottsdale"), and the City of Tempe ("Tempe"), all to be referred to herein individually as
"Party" and collectively as "Parties".
RECITALS:
A) The Parties are authorized to enter into this Agreement pursuant to Arizona
Revised Statutes ("A.R.S.") §§ 11-951, et seq. and 13-3872.
B) The Parties are located in geographical proximity to one another("East Valley")
and share similar public safety responsibilities with respect to criminally
investigating Critical Incidents.
C) A.R.S. § 41-1762 allows the creation and operation of a regional law enforcement
task force comprised of personnel from multiple police agencies in the East
Valley("East Valley Critical Incident Response Team" or"EVCIRT") to
provide mutual aid to perform the criminal investigation of critical force
incidents, as defined therein, which occur in the agencies'jurisdictions ("Critical
Force Incident").
D) The Parties desire to create a regional task force as prescribed in A.R.S. § 41-
1762 to perform independent, consistent and thorough criminal investigations of
Critical Force Incidents and, at the written request of a Party's Chief of Police,
investigate a criminal allegation against a peace officer employed by such Parry.
E) The Parties desire to work in cooperation with one another by providing mutual
aid to further the public interests served by independent, consistent, and thorough
criminal investigations, pursuant to applicable laws,policies, and the terms of this
Agreement.
AGREEMENT:
NOW THEREFORE, in consideration of the mutual promises and undertakings
contained herein, the Parties agree as follows:
1. PURPOSE
The purpose of this Agreement is to create the EVCIRT for the criminal investigation of
Critical Force Incidents within the Parties'jurisdictions pursuant to A.R.S. § 41-1762,
and to create a framework for the operation of the EVCIRT.
2. LEADERSHIP GROUP
The Parties shall establish a working group consisting of one commander or assistant
chief designated by each Party("Leadership Group")to oversee the operations of the
EVCIRT. The Leadership Group, by majority vote, shall select a Chairperson of the
Leadership Group. The Chairperson shall designate a scribe,who may or may not be a
member of the Leadership Group, to take notes of all meetings. The Leadership Group
shall create policies and procedures for the EVCIRT. The Leadership Group may create
additional working groups to help support the Leadership Group's oversight of the
EVCIRT. Any additional group created by the Leadership Group shall be administered in
accordance with the EVCIRT's policies and procedures.
3. AUTHORITY
The Parties shall be authorized to perform criminal investigations of Critical Force
Incidents within each Party's jurisdiction in accordance with the EVCIRT's policies and
procedures. Pursuant to A.R.S. § 13-3872, a peace officer acting within the jurisdiction of
another Party pursuant to this Agreement shall have full authority to act as a peace officer
to the same extent as if they were a duly appointed, qualified and acting peace officer of
such Party.
If any Native American tribe becomes a party to this Agreement requests EVCIRT
assistance, all assisting EVCIRT peace officers shall be granted tribal peace officer
authority as necessary within the applicable tribal jurisdiction.
4. TERM
This Agreement will become effective upon execution by the Parties hereto and shall
remain in effect until July 1, 2034,unless otherwise terminated or renewed as provided
herein. Failure by one (1) or more Parties to execute the Agreement shall not invalidate
the Agreement as to those Parties who did so execute. The term of this Agreement will
automatically renew for all Parties to the Agreement(unless a Party has withdrawn from
participation in the Agreement prior to the effective date of the renewal, pursuant to
Section 6)under the same terms and conditions and automatically renew for a two (2)
periods of five (5)years, including any amendments in effect at the time of renewal.
5. WITHDRAWAL
Any Party may withdraw from this Agreement, with or without cause, by giving thirty
(30) calendar days written notice to the other Parties. Withdrawal from this Agreement by
a Party shall not affect the terms of this Agreement as it pertains to the other Parties. The
effect of a withdrawal on the EVCIRT, including any then-active Critical Force Incident
investigations involving the withdrawing Party, shall be set forth in the EVCIRT's
policies and procedures.
6. ADDITIONAL PARTIES
Upon invitation by the Leadership Group, a county,political subdivision of the State of
Arizona, or federally recognized Indian tribe may become a Party to this Agreement
through the approval of this Agreement by its governing body, in accordance with A.R.S.
§ 11-951 et seq., and in accordance with EVCIRT's policies and procedures. The addition
of any Party after this Agreement becomes effective shall not affect the terms of this
Agreement as it pertains to the other Parties.
7. COSTS AND REIMBURSEMENT
Each Party will be responsible for any and all associated costs incurred by their
respective agency in implementing this Agreement and the conduct of Critical Force
Incident investigations, including: employee salaries; shift differential pay; overtime
compensation; benefits; vehicles; and equipment. In no event will any Party charge or
demand payment from any other Party for work performed pursuant to this Agreement.
Notwithstanding any Party's law,policies, or procedures, the Leadership Group, through
the EVCIRT's policies and procedures, may grant Parties the permission to apply for
grant funds designated for or on behalf of the EVCIRT. The distribution of any grant
funds received for the EVCIRT shall be controlled by the terms of the grant, if any, and
handled in accordance with the EVCIRT's policies and procedures, which may include
the reimbursement of costs related to the EVCIRT for a Party or the Parties.
8. DISPUTE RESOLUTION
In the event of any dispute, claim, question, or disagreement arising from or relating to
this Agreement or the breach thereof, the Parties will use reasonable efforts to settle the
dispute, claim, question, or disagreement. To this end, the Parties will consult and
negotiate with each other in good faith and,recognizing their mutual interests, attempt to
reach a just and equitable solution satisfactory to all Parties. The Parties acknowledge
that disputes arising from this Agreement may be subject to non-binding arbitration in
accordance with applicable state law and court rules.
9. INDEMNIFICATION
To the extent permitted by law, each Party (as "Indemnitor") agrees to indemnify,
defend, and hold harmless the other Parties (as "Indemnitee"), its departments, agencies,
elected officials, officers, officials, agents, employees, or volunteers from and against any
and all third party claims, losses, liabilities, costs, or expenses (including reasonable
attorneys' fees, experts' fees, and court costs associated) (hereinafter collectively referred
to as a"Claim(s)") arising out of actions taken in the performance of this Agreement, to
the extent that such Claims are directly caused by the acts, omissions, negligence,
misconduct, or other fault of the Indemnitor, its departments, agencies, elected officials,
officers, officials, agents, employees, or volunteers. If a third-parry Claim becomes
subject to the duty to indemnify, defend, and hold harmless set forth in this Section, then
the Indemnitee agrees to cooperate with the Indemnitor in the defense of the Claim, at the
Indemnitor's sole cost and expense, but only to the extent that such Claim is not related
to an independent Claim of the third-party against the Indemnitee that is not subject to
this Section. The terms and conditions of this Section 9 shall survive the expiration or
earlier termination of this Agreement.
10. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Arizona without regard to any
conflict of laws principles. Any proceeding arising out of or relating to this Agreement or
any actions to interpret, enforce, or construe any provision of this Agreement will be
conducted in the Superior Court of the State of Arizona, in and for the County of
Maricopa. Each Parry consents to such jurisdiction and waives any objection it may have
to venue or convenience of forum.
11. WAIVERS
The failure of any Party 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, which shall remain in full force and effect.
12. NON-ASSIGNMENT
No Parry shall assign its interest, rights, or obligations in this Agreement, in whole or in
part, without the prior written consent of the other Parties. No Parry shall assign any
monies due or to become due to it, hereunder, without the prior written consent of the
other Parties.
13. ENTIRE AGREEMENT; AMENDMENTS; COUNTERPARTS
This Agreement, including the Recitals (which are incorporated into this Agreement by
this reference), represents the entire understanding between the Parties and supersedes all
prior negotiations, representations, or agreements, either expressed or implied, written or
oral. It is mutually understood and agreed that no modification or amendment of the
terms and conditions of this Agreement will be valid or binding upon the Parties, unless
made in writing and signed by the Parties. This Agreement may be executed in multiple
counterparts, each of which will be deemed an original,but all of which together shall
constitute one and the same instrument. Electronically transmitted and imaged copy
signatures will be fully binding and effective for all purposes.
14. RELATIONSHIP OF THE PARTIES
Each Party shall act in its individual capacity and not as an agent, employee,partner,joint
venture, associate, or any other representative capacity of the other Party. Each Parry
shall be solely and entirely responsible for its acts or the acts of its agents and employees
during the performance of this Agreement. This Agreement shall not be construed to
imply authority to perform any tasks, or accept any responsibility, of any other Parry not
expressly set forth herein. This Agreement shall be strictly construed against the creation
of a duty or responsibility,unless the intention to do so is clearly and unambiguously set
forth herein. No Party shall be liable for any debts, accounts, obligations, or other
liabilities, whatsoever, of any other Parry, including the other Party's obligation to
withhold social security and income taxes for itself or any of its employees.
15. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement is intended to create duties or obligations to or rights in third
parties who are not a party to this Agreement, or affect the legal liability of any Parry to
the Agreement by imposing any standard of care different from the standard of care
imposed by law.
16. SEVERABILITY
If any part, term, or provision of this Agreement is held unenforceable or in conflict with
any law, the validity of the remaining portions and provisions hereof shall not be
affected.
17. CONFLICTS OF INTEREST
The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of
interest shall apply to this Agreement.
18. WORKERS' COMPENSATION
Pursuant to A.R.S. § 23-1022(D), only for the purposes of workers' compensation
coverage, employees of each Party covered by this Agreement shall be deemed to be an
employee of all Parties. The primary employer shall be solely liable for payment of
workers' compensation benefits. To the extent applicable by law, each Party shall comply
with the notice of A.R.S. § 23-1022(E).
19. NON-DISCRIMINATION
To the extent applicable by law, the Parties agree to comply with A.R.S. Title 41, Chapter
9 (Civil Rights), Arizona Executive Order 2009-09 and any other federal, state, or local
laws relating to equal opportunity and non-discrimination, including the Americans with
Disabilities Act. In the performance of this contract, no Party shall discriminate against
any employee, client, or any other individual on the basis of race, color, ethnicity,
national origin, age, disability, religion, sex, sexual orientation, gender identity, veteran's
status, marital status, familial status, or genetic information.
20. NOTICES
All official notices required or permitted under this Agreement to be given to a Party will
be in writing and will be given by personal delivery against receipt(including private
courier such as FedEx), or certified U.S. Mail,return receipt requested. All notices will
be sent to the addresses below or such other addresses as the Parties may specify in the
same manner. Notices will be deemed to have been given and received on the date of
actual receipt or on the date receipt was refused. Addresses are as follows:
For Mesa: Chief of Police
P.O. Box 1466
Mesa, Arizona 85211
With a copy to: Mesa City Attorney
20 E Main St
Mesa,Arizona 85201
For Gilbert: Chief of Police
75 E Civic Center Dr
Gilbert, Arizona 85296
With a copy to: Gilbert Public Safety Legal Advisor
75 E Civic Center Drive
Gilbert, Arizona 85296
For Chandler: Chief of Police
250 E Chicago St
Chandler, Arizona 85225
With a copy to: Chandler City Attorney
250 E Chicago St
Chandler, Arizona 85225
For Tempe: Chief of Police
120 E 5th St
Tempe, Arizona 85281
With a copy to: Tempe City Attorney
21 E 6th St
Tempe, Arizona 85281
For Scottsdale: Chief of Police
3700 N 75th St
Scottsdale, Arizona 85251
With a copy to: Scottsdale City Attorney
3939 N Drinkwater Blvd
Scottsdale, Arizona 85251
For Queen Creek: Chief of Police
20727 Civic Pkwy
Queen Creek, Arizona 85142
With a copy to: Queen Creek Town Attorney
22358 S Ellsworth Rd
Queen Creek, Arizona 85142
For Paradise Valley: Chief of Police
6433 E Lincoln Dr
Paradise Valley, Arizona 85253
With a copy to: Paradise Valley Town Attorney
6401 E Lincoln Dr
Paradise Valley, Arizona 85253
For Apache Junction: Chief of Police
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
With a copy to: Apache Junction City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85219
21. APPLICABLE LAWS
Any provision required by law to be in this Agreement is part of this Agreement as if
fully stated.
22. NO LIMITATION
Nothing within this Agreement shall be construed to limit the ability of the Parties to
provide, or as otherwise allowed for by law, assistance in any enforcement action as may
be lawfully requested by a law enforcement officer having jurisdiction over an incident,
crime, or matter under consideration.
(SIGNATURES ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their duly authorized representatives on the respective dates entered below.
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By:
Mayor
ATTEST:
City Clerk
In accordance with A.R.S. § 11-952, this contract has been reviewed by the undersigned who
have determined that this contract is in appropriate form and within the powers and authority
granted to the aforementioned municipality,without any representation as to the power or
authority of any other Party.
Attorney
City of Apache Junction
CITY COUNCIL MEETING ROLL CALL Date: /��a�` !!l ail a / ` �s�QTC y;7
S�fS
Work Study ."-. ,Regular Special 5/ail
S: � E:�",53 S:�I;00 E:9�yl S:' af��E:�%�D �°�`�.
CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu ;d fp
MAYOR WILSON
VICE MAYOR SCHROEDER ,I�/
COUNCILMEMBER CROSS t/ V / 1✓/
COUNCILMEMBER HECK
COUNCILMEMBER JOHNSON 1Z
COUNCILMEMBER NESSER v v
COUNCILMEMBER SOLLER
TOTAL 1fy 61 Ll
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu, /
City Manager Bryant Powell V/ i/ 7/
Assistant City Manager Matt Busby ✓ t/
City Clerk Jennifer Pena /
City Attorney Joel Stern V V
Information Technology Director
Doug Wirthgen
4xu-b' e-- rA C
Public Safety Director Michael Pooley V
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Angelie Hawley
HR Director Anna McCray
Water District Director Mike Loggins V
Municipal Ju ge A. Doug LaSota f�
OTHERS:
Deputy City Clerk Evie McKinney
.Planning anager Sidney Urias
Building&Saf ty Mngr Adrian Alegria
AM Senior Planner E�e
Planner P ' C( { eWey �
-Pla ner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
S1,tenlipky tc�;& Forms\Ball Call t c i ,� .doer i ,° F r '. ��
ce v1 Vn i Ci f. �►�.c,P�-��t e�^� ►/
City Council
VOTE - ROLL CALL
I- - MEETING
ITEM # OF
MOTION BY: - SECONDED BY:
NOTES:
YES NO ABSTAINED
CITY COUNCIL
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER V
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS v.1
COUNCILMEMBER HECK
COUNCILMEMBER JOHNSON
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 1
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE - ROLL CALL
ITEM # �r' 3� MEETING OF
MOTION BY: SECONDED BY: l /
NOTES: f1 D01 e-0 LZ �(nn N 1�/I otiS e+� Pf a&i uf& d --�
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER NESSER
COUNCILMEMBER JOHNSON
COUNCILMEMBER CROSS
COUNCILMEMBER HECK
COUNCILMEMBER SOLLER
VICE MAYOR SCHROEDER
MAYOR WILSON
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 2
S:/5—Templates&Forms/Vote Call—City Council
City Council
VOTE,- ROLL CALL
ITEM # ' a��y 2.� MEETING OF a
MOTION BY: SECONDED BY: `r
NOTES: lut 4t91,
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER SOLLER
COUNCILMEMBER NESSER
COUNCILMEMBER CROSS
COUNCILMEMBER JOHNSON V
VICE MAYOR SCHROEDER V
COUNCILMEMBER HECK V
MAYOR WILSON
r
TOTAL rA 0-4
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 3
S:/5—Templates&Forms/Vote Call—City Council
Date: '7 CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding: /
Do you wish to speak before Council on this item? Yes-),;,Z No Only If Necessary
I am in favor of the proposed Item. 1 am opposed to the proposed Item.
First Name Last Name
(PRINT)
Address V City Zip Code
e
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have-a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may,be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9)_
Signs ure of Paren Guardian Me
08/26/2019
Date:J CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to-the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item #:
I would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes No Only If Necessary
V I am in favor of the proposed Item. I am opposed to the proposed Item. -
First Nam Last-Name
(PRINT)
N7�_� fVZ
3�oo K) -��()A aw KZF--
Address City Zip Code
Li�P� � �� o 1 , coy,
Telephone Email ad ess
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the'internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019