HomeMy WebLinkAbout2024 06.17 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,June 17,2024 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 24-445 Presentation and discussion of Economic Development Agreement
with the Greater Phoenix Economic Council (GPEC)for economic
development services for the term of one year(FY24/25) in the amount
of$19,320.00, and the appointment of Councilmember Peter Heck as
the City of Apache Junction representative to the GPEC Board of
Directors.
Sponsors: Patrick Ainsworth
Attachments: Staff Memo GPEC Contract FY25
Apache Junction GPEC FY25 Draft Contract
Exhibit A FY25 Action Plan
Exhibit B FY25 Metrics
Exhibit C Target Industries
Exhibit D FY25 Reporting draft
Exhibit E FY25 City default
Exhibit F FY25 Regional Cooperation Protocol Policy
2. 24-483 Presentation and discussion of extension through August 31, 2024, of
the individual towing contracts currently in place with Apache Sands
Towing, CL King Towing, and Phoenix Metro Towing which are due to
expire on June 30, 2024.
Sponsors: Rob Wisler
Attachments: Tow Contract Extension Memo June 2024
Second Extension Apache Sands
Second Extension CL King
Second Extension Phoenix Metro
City of Apache Junction,Arizona Page 1 Printed on 611112024
City Council Work Session Agenda June 17,2024
3. 24-497 Presentation and discussion of professional services agreement with
Teresa Monica Hunt for public defender services.
Sponsors: Aaron LaSota
Attachments: Staff Memo Court Appointed Attorney Hunt
Hunt CV and Agreement
4. 24-499 Presentation and discussion of appointment of associate magistrates
for on-call/as needed service.
Sponsors: Aaron LaSota
Attachments: Staff Memo Appointment of On-Call Magistrates
Douglas Scott Campbell
Lisa M Johnson
Michael Kieksky
Dai Trang (Liz) Nguyen
5. 24-502 Presentation and discussion of proposed amendments to City Code
Article 4-8-1 Municipal Court Fee Schedule.
Sponsors: Aaron LaSota
Attachments: Staff Memo Amendments to Court Fee Schedule
Article 4-8 Changes Noted
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 2 Printed on 611112024
►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. 1.
'Piz File ID: 24-445
Sponsor: Patrick Ainsworth Agenda Date: 6/17/2024
Index: In Control: City Council Work Session
Presentation and discussion of Economic Development Agreement with the Greater Phoenix
Economic Council (GPEC)for economic development services for the term of one year
(FY24/25) in the amount of$19,320.00, and the appointment of Councilmember Peter Heck as
the City of Apache Junction representative to the GPEC Board of Directors.
City of Apache Junction,Arizona Page 1 Printed on 611112024
City of Apache Junction
Home of the Superstition Mountains
DATE: June 17, 2024
MEMORANDUM TO: The Honorable Mayor & City Councilmembers
MEMORANDUM THRU: Bryant Powell, City Manager
Matt Busby, Assistant City Manager
MEMORANDUM FROM: Patrick Ainsworth, Economic Development Director
SUBJECT: Greater Phoenix Economic Council (GPEC) contract Renewal FY
24/25 and GPEC Board Recommendation
The Greater Phoenix Economic Council (GPEC) has been serving as the City's Regional
Economic Development agency where GPEC assists with strategic economic development
initiatives such as business recruitment, expansion and attraction to bring additional jobs and
positive economic outcomes to the Phoenix metropolitan region. Today, GPEC encompasses 22
cities, and two counties, in central Arizona representing nearly five million residents.
As part of the City's GPEC membership, we have representation on the GPEC Board of Directors,
Mayors & Supervisors leadership participation, access to GPEC educational and ambassador
events and direct involvement with the Economic Development Directors Team meetings.
GPEC's services have assisted the Greater Phoenix Region by attracting new employers and
enhances the region's economic competitiveness. Since their 1989 inception, GPEC has
attracted over 930 new companies to Arizona resulting in 182,000 new jobs and over
$65,000,000,000 in capital investment.
The agreement between GPEC and the City of Apache Junction has specific responsibilities to
cooperate on a regional level to assist GPEC's annual performance goals. Some strategies are
periodically adjusted based on the three-year GPEC Action Plan as well as to reflect current
economic circumstances; however, the core focus and goals remain relatively fixed.
A full copy of the contract and exhibits are provided with this agenda item. This year's
membership renewal with GPEC is $19,320 (based on $0.4897 per capita for Pinal County
population of 39,051, and $0.4897 per capita for Maricopa County population of 402). Staff
respectfully recommends approval of the contract and Mayor Wilson's recommendation to have
Councilmember Peter Heck serve as Apache Junction's representative on the GPEC Board of
Directors. The item is anticipated to be on the June 18, 2024 Consent Agenda.
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
This AGREEMENT is entered into between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City"), and the GREATER
PHOENIX ECONOMIC COUNCIL ("GPEC"), an Arizona non-profit corporation,
both of which may be hereinafter referred to collectively as the "Parties" or
individually as a "Party".
RECITALS
A. City desires to retain the services of a regional economic development
agency to undertake strategic worldwide economic development initiatives
including business recruitment, expansion and attraction to bring additional
jobs and positive economic outcomes to the Phoenix region.
B. GPEC is one of the region's premier economic development groups for
regional economic development services for the Phoenix region.
C. The purpose of this agreement is to set forth the regional economic
development program that GPEC agrees to undertake, the support that the
City agrees to provide, the respective roles of GPEC and the City and the
payment schedule between the City to GPEC for the 2024-2025 fiscal year.
D. The Parties negotiated a similar agreement effective July 1, 2024 through
June 30, 2025.
NOW,THEREFORE, in consideration of the mutual promises contained herein,
the CITY and GPEC agree as follows:
I. RESPONSIBILITIES OF GPEC
A. MISSION: Attract and grow quality businesses and advocate for Greater
Phoenix's competitiveness.
B. GOALS: GPEC is guided by and strategically focused on two specific long-
range goals:
1. Marketing the region to generate qualified business/industry
prospects in targeted economic clusters
2. Leveraging public and private allies and resources to locate
qualified prospects, improve overall competitiveness, and sustain
organizational vitality
C. RETENTION AND EXPANSION POLICY:
1. GPEC's primary role is developing the Greater Phoenix region's
market intelligence strategy for high wage, base industry clusters
in coordination with representatives of GPEC member
communities.
2. Retention and expansion of existing businesses within GPEC
member communities is primarily a local issue.
3. GPEC will support its member communities' efforts to retain and
expand existing businesses through coordinating regional support
and providing research on key retention and expansion projects.
4. GPEC will advise its member communities when an existing
company contacts GPEC regarding a retention or expansion issue,
subject to any legal or contractual non-disclosure obligations.
D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and
Retention and Expansion Policy set forth above and subject to the
availability of adequate funding, GPEC shall implement the Action Plan
and Budget adopted by GPEC's Board of Directors, a copy of which has
been delivered to the City, receipt of which is hereby acknowledged. A
summary of the Action Plan is attached hereto as Exhibit A ("GPEC Action
Plan"). The City shall be informed of any changes in the adopted GPEC
Action Plan which will materially affect or alter the priorities established
therein. Such notification will be in writing and will be made prior to
implementation of such changes. Notwithstanding the foregoing, the City
acknowledges and agrees that GPEC may, in its reasonable judgment in
accordance with its own practices and procedures, substitute, change,
reschedule, cancel or defer certain events or activities described in the
GPEC Action Plan as required by a result of changing market conditions,
funding availability, unforeseen expenses or other circumstances beyond
GPEC's reasonable control. GPEC shall solicit the input of the City on the
formulation of future marketing strategies and advertisements. The
GPEC Action Plan will be revised to reflect any agreed upon changes to
the GPEC Action Plan.
E. PERFORMANCE TARGETS: Specific performance targets, established by
GPEC's Executive Committee and Board of Directors, are attached hereto
as Exhibit B ("GPEC Performance Measures") and shall be used to
evaluate and report progress on GPEC's implementation of the GPEC
Action Plan. In the event of changing market conditions, funding
availability, unforeseen expenses or other circumstances beyond GPEC's
reasonable control, these performance targets may be revised with the
City's prior written approval, or with the prior written approval of a
majority of the designated members of GPEC's Economic Development
Directors Team ("EDDT"). GPEC will provide monthly reports on the 15tn
of each month to the City discussing in detail its progress in implementing
the GPEC Action Plan as well as reporting the numerical results for each
performance measurement setforth in Exhibit B. GPEC shall provide a
copy of its annual external audit for the preceding fiscal year to the City no
later than December 31, 2024.
In the case of any benchmark which is not met, GPEC will meet with
the EDDT to provide an explanation of the relevant factors and
circumstances and discuss the approach to be taken in order to achieve
the target(s). Failure to meet a performance target will not, by itself,
constitute an event of default hereunder unless GPEC: (i) fails to inform
the City of such events; or (ii) fails to meet with EDDT to present a plan for
improving its performance during the balance of the term of the
Agreement.
II. RESPONSIBILITIES OF THE CITY
A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to
GPEC's economic development efforts as follows:
1. The City shall respond to leads or prospects referred by GPEC in a
professional manner within the time frame specified by the lead or
prospect if the City desires to compete and if the lead is
appropriate for the City. When available, the City agrees to provide
its response in the format developed jointly by EDDT and GPEC.
2. The City shall provide appropriate local hospitality, tours and
briefings for prospects visiting sites in the City.
3. The City shall provide an official economic development
representative to represent the City on the EDDT, which advises
GPEC's President and CEO.
4. The City shall cooperate in the implementation of GPEC/EDDT
process improvement recommendations including the use of
common presentation formats, exchange of information on
prospects with GPEC's staff, the use of shared data systems, land
and building data bases and private sector real estate industry
interfaces.
5. The City shall use its best efforts to respond to special requests by
GPEC for particularized information about the City within three
business days after the receipt of such request.
6. In order to enable GPEC to be more sensitive to the City's
requirements, the City shall, at its sole option, deliver to GPEC
copies of any City approved economic development strategies,
work plan, programs and evaluation criteria. GPEC shall not
disclose the same to the other participants in GPEC or their
representatives.
7. The City shall utilize its best good faith efforts to cause an
economic development professional representing the City to attend
all marketing events and other functions to which the City has
committed itself.
8. The City agrees to work with GPEC to improve the City's
competitiveness and market readiness to support the growth and
expansion of the targeted industries as identified for the City in
Exhibit C ("Targeted Industries").
B. NONEXCLUSIVE AGREEMENT: The City recognizes GPEC as a regional
economic development organization for marketing the Greater Phoenix
region. Nothing in this agreement, however, prohibits the City from
contracting with other regional economic development marketing
providers for similar services.
III. ADDITIONAL AGREEMENTS OF THE PARTIES.
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s) of the City shall be entitled to participate in
GPEC's marketing events provided that such participation shall not be at
GPEC's expense. When requested and appropriate, GPEC will use its best
efforts to provide technical assistance and support to City economic
development staff for business location prospects identified and qualified
by the City and assist the City with presentations to the prospect in the
City or their corporate location.
B. COMPENSATION &TERM:
1. The City agrees to pay$19,320 for services to be provided by
GPEC pursuant to the Agreement during the fiscal year from July 1,
2024 ending on June 30, 2025, as set forth in this Agreement. This
amount is based on approximately $0.48971 per capita applied to
that portion of the City's population outside of Maricopa County
plus $0.4897 per capita applied to that portion of the City's
population within Maricopa County, based upon the based up on
the 2022 Office of Economic Opportunity population estimate,
which listed the City as having a population of 39,051 in Pinal
County and 402 in Maricopa County. The payment by the City may,
upon the mutual and discretionary approval of the board of
directors of GPEC and the City, be increased or decreased from
time to time during the term hereof in accordance with the
increases or decreases of general application in the per capita
payments to GPEC by other municipalities which support GPEC,
but in no event shall the total compensation exceed $30,000.00 for
the term of this Agreement.
2. Funding of this Agreement shall be subject to the annual
appropriations of funds for this activity by the City pursuant to the
required budget process of the City.
3. GPEC shall submit invoices for payment on an annual basis. The
foregoing notwithstanding, if GPEC has not provided the City with
the audit required pursuant to paragraph I(E) above no later than
December 31, 2024, no payments shall be made hereunder until the
City receives the audit report and is provided at least a 30 calendar
day review and approval period. Invoices and monthly activity
reports, substantially in the form of Exhibit D ("Reporting
Mechanism for Contract Fulfillment") attached hereto, are to be
submitted to the address listed under paragraph IV(P).
1 With the addition of Pinal County in FY24 as a GPEC member, current GPEC Member communities with populations in Pinal
County will pay the lower per capita rate(for Maricopa County communities)at$.4897 instead of$.6252.
C. MUTUAL COOPERATION:
1. The parties acknowledge that GPEC is a cooperative organization
effort among GPEC and its member communities. Accordingly, the
City and GPEC covenant and agree to work together in a
productive and harmonious manner, to cooperate in furthering
GPEC's goals for FY2025. The City and GPEC further covenant and
agree to comply with the Regional Cooperation Protocol, attached
hereto as Exhibit F, in all material respects.
2. The City agrees to work with GPEC, as necessary or appropriate,
to revise the performance measures, and/or benchmarks, and/or
goals for the FY2026 contract.
3. The City agrees to work with GPEC during FY2025 to develop a
revised public sector funding plan, including a regional allocation
formula for FY2026, if determined to be necessary or appropriate.
IV. GENERAL PROVISIONS:
A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or
selling agent has been employed or retained to solicit or secure this
contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For a breach or violation of this
warranty, the City shall have the right to terminate this Agreement without
liability or, in its discretion, to deduct the commission, brokerage or
contingent fee from its payment to GPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no
payment shall be made to any contractor as long as there is any
outstanding obligation due to the City, and any such obligation shall be
offset against payment due to GPEC.
C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported
assignment of any right or obligation pursuant to this Agreement shall be
void and have no effect.
D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this
Agreement creates any partnership,joint venture or agency relationship
between the City and GPEC. At all times during the term of this
Agreement, GPEC shall be an independent contractor and shall not be an
employee of City. City shall have the right to control GPEC only insofar as
to the results of GPEC's services rendered pursuant to this Agreement.
GPEC shall have no authority, express or implied, to act on behalf of City
in any capacity whatsoever as an agent. GPEC shall have no authority,
express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract,
GPEC shall indemnify, defend, hold, protect and save harmless the City
and any and all of its council members, appointees, officers and
employees from and against any and all actions, suits, proceedings,
claims and demands, loss, liens, costs, expense and liability of any kind
and nature whatsoever, for injury to or death of persons, or damage to
property, including property owned by City brought, made, filed against,
imposed upon or sustained by the City, its appointees, officers, or
employees in and arising from or attributable to or caused directly or
indirectly by the negligence, wrongful acts, omissions or from operations
conducted by GPEC, its directors, officers, agents or employees acting on
behalf of GPEC and with GPEC's knowledge and consent.
Any party entitled to indemnity shall notify GPEC in writing of the
existence of any claim, demand or other matter to which GPEC's
indemnification obligations would apply, and shall give to GPEC a
reasonable opportunity to defend the same at its own expense and with
counsel reasonably satisfactory to the indemnified party.
Nothing in this Subsection E shall be deemed to provide
indemnification to any indemnified party with respect to any liabilities
arising from the fraud, negligence, omissions or willful misconduct of such
indemnified party.
F. INSURANCE: GPEC shall procure and maintain for the duration of this
Agreement, at GPEC's own cost and expense, insurance against claims
for injuries to persons or damages to property which may arise from or in
connection with this Agreement by GPEC, its agents, representatives,
employees or contractors, in accordance with the Insurance
Requirements set forth in Exhibit E ("Insurance Requirements"), attached
hereto. The City acknowledges that it has received and reviewed
evidence of GPEC's insurance coverage in effect as of the execution of
this Agreement.
G. GRATUITIES. The City may, by written notice to GPEC, terminate the right of
GPEC to proceed under this Agreement upon one (1) calendar day notice,
if it is found that gratuities in the form of entertainment, gifts, or otherwise
were offered or given by GPEC, or any agent or representative of GPEC,
to any officer or employee of the City with a view toward securing a
contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determinations with respect to the
performance of such contract; provided that the existence of the facts
upon which the City makes such findings shall be an issue and may be
reviewed in any competent court. In the event of such termination, the
City shall be entitled to pursue all legal and equitable remedies against
GPEC available to the City.
H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows:
1. GPEC will not discriminate against any employee or applicant for
employment because of race, color, religion, gender, sexual
orientation, national origin, age or disability. GPEC shall take
affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their
race, color, religion, gender, sexual orientation, national origin, age
or disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training,
including apprenticeship. GPEC agrees to post in conspicuous
places, available to employees and applicants for employment,
notices setting forth the provisions of this nondiscrimination
clause.
2. GPEC will, in all solicitations or advertisements for employees
place by or on behalf of GPEC, state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, gender, sexual orientation, national origin, age or
disability.
3. GPEC will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement, provided
that the foregoing provisions shall not apply to Agreements or
subcontracts for standard commercial supplies or new materials.
4. Upon request by the City, GPEC shall provide City with information
and data concerning action taken and results obtained in regard to
GPEC's Equal Employment Opportunity efforts performed during
the term of this Agreement. Such reports shall be accomplished
upon forms furnished by the City or in such other format as the City
shall prescribe.
I. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the
Drug Free Workplace Act of 1989 and agrees to comply therewith in
performing under any resultant agreement and to permit City inspection
of its records to verify such compliance.
1. GPEC warrants to the City that, to the extent applicable under
A.R.S. §41-4401, GPEC is in compliance with all Federal
Immigration laws and regulations that relate to its employees and
with the E-Verify Program under A.R.S. § 23-214(A). GPEC
acknowledges that a breach of this warranty by GPEC or any
subconsultants providing services under this Agreement is a
material breach of this Agreement subject to penalties up to and
including termination of this Agreement or any applicable
subcontract. The City retains the legal right to inspect the papers
of any employee of GPEC or any subconsultant who works on this
Agreement to ensure compliance with this warranty.
2. The City may conduct random verification of the employment
records of GPEC and any of its subconsultants who work on this
Agreement to ensure compliance with this warranty.
3. The City will not consider GPEC or any of its subconsultants who
work on this Agreement immaterial breach of the foregoing
warranty if GPEC and such subconsultants establish that they have
complied with the employment verification provisions prescribed
by 8 USCA § 1324(a) and (b) of the Federal Immigration and
Nationality Act and the e-verify requirements prescribed by
Arizona Revised Statutes § 23-214(A).
4. The provisions of this Section I must be included in any contract
GPEC enters into with any and all of its subconsultants who provide
services under this Agreement or any subcontract to provide
services under this Agreement. As used in this Section I "services"
are defined as furnishing labor, time or effort in the State of Arizona
by a contractor or subcontractor. Services include construction or
maintenance of any structure, building or transportation facility or
improvement to real property.
5. Pursuant to A.R.S. §§ 35-393 through 35-393.03, GPEC hereby
certifies to the City that GPEC does not have any
contracts/services/providers/suppliers that boycott Israel.
6. In accordance with Arizona Revised Statutes § 35-394, GPEC
hereby certifies and agrees that GPEC 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 GPEC becomes aware during the term of this
Agreement that GPEC is not in compliance with this Section, then
GPEC shall notify the City within five (5) business days after
becoming aware of such noncompliance. If GPEC does not provide
the City with written certification that GPEC has remedied such
noncompliance within one hundred eighty (180) 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) day remedy period, this
Agreement shall terminate on such contract termination date.
J. TERMINATION. City shall have the right to terminate this Agreement if GPEC
shall fail to duly perform, observe or comply with any covenant, condition
or agreement on its part under this Agreement and such failure continues
for a period of 30 calendar days (or such shorter period as may be
expressly provided herein) after the date on which written notice
requiring the failure to be remedied shall have been given to GPEC by the
City; provided, however, that if such performance, observation or
compliance requires work to be done, action to be taken or conditions to
be remedied which, by their nature, cannot reasonably be accomplished
within 30 calendar days, no event of default shall be deemed to have
occurred or to exist if, and so long as, GPEC shall commence such action
within that period and diligently and continuously prosecute the same to
completion within 90 calendar days or such longer period as the City may
approve in writing. The foregoing notwithstanding, in the event of
circumstances which render GPEC incapable of providing the services
required to be performed hereunder, including, but not limited to,
insolvency or an award of monetary damages against GPEC in excess of
its available insurance coverage and assets, the City may immediately and
without further notice terminate this Agreement.
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's
performance hereunder shall be in material compliance with all applicable
federal, state and local health, environmental, and safety laws,
regulations, standards, and ordinances in effect during the performance
of this Agreement.
L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this
Agreement must be filed in the county of Pinal, State of Arizona, or in the
Federal District Court in the District of Arizona. In any legal action, the
prevailing party in such action will be entitled to reimbursement by the
other party for all costs and expenses of such action, including
reasonable attorneys'fees as may be fixed by the Court.
M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be
awarded hereunder or out of the proposals herein called for, which
cannot be administratively resolved, shall be tried according to the laws
of the State of Arizona, and GPEC shall agree that the venue for any such
action shall be in the State of Arizona, Pinal County.
N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the
existence of any dispute between the parties, each party shall continue to
perform the obligations required of it during the continuation of any such
dispute, unless enjoined or prohibited by an Arizona court of competent
jurisdiction.
O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records
separate for three years and make them available for audit by City
personnel upon request.
P. NOTICES. Any notice, consent or other communication required or
permitted under this Agreement shall be in writing and shall be deemed
received at the time it is personally delivered, on the day it is sent by
facsimile transmission, on the second day after its deposit with any
commercial air courier or express service or, if mailed, three (3) business
days after the notice is deposited in the United States mail addressed as
follows:
If to City: Bryant Powell
City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
Phone: (480) 474-5066
Fax: (480) 474-5110
If to GPEC: Chris Camacho
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone: (602) 256-7700
FAX: (602) 256-7744
Any time period stated in a notice shall be computed from the time
the notice is deemed received. Either party may change its mailing
address or the person to receive notice by notifying the other party as
provided in this paragraph.
Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J),
all parties hereto acknowledge that this Agreement is subject to
cancellation by the City pursuant to the provisions of A.R.S. § 38-511.
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or
employee of the City will be personally liable to GPEC, or any successor in
interest, in the event of any default or breach by the City or for any amount
which may become due to GPEC or successor, or on any obligation under
the terms of this Agreement. No member, official or employee of GPEC
will be personally liable to the City, or any successor in interest, in the
event of any default or breach by the GPEC or for any amount which may
become due to the City or successor, or on any obligation under the terms
of this Agreement.
S. SEVERABILITY. City and Consultant each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring
City to do any act in violation of any applicable laws, including any
constitutional provision, law, regulation, or city code), such provision shall
be deemed severed from this Agreement and this Agreement shall
otherwise remain in full force and effect; provided that this Agreement
shall retroactively be deemed reformed to the extent reasonably possible
in such a manner so that the reformed agreement(and any related
agreements effective as of the same date) provide essentially the same
rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by
applicable laws, the Parties further shall perform all acts and execute,
acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this
Agreement, as reformed.
T. CAPTIONS. The captions contained in this Agreement are merely a
reference and are not to be used to construe or limit the text.
U. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other
individual or entity shall have any rights, whether as a third-party
beneficiary or otherwise, by reason of any provision of this Agreement.
V. Disclosure of Confidential Information If Required By Law. This agreement
allows the Parties to disclose Confidential Information, as defined below,
to each other under the following terms. In the opinion of the Parties to
this Agreement: (1) the Confidential Information is the proprietary
property of the Parties and is strictly confidential and privileged pursuant
to, among other laws, A.R.S. §§44-401, et seq., (2) the release of the
Confidential Information provided could cause harm to the Parties'
competitive position, (3) the Confidential Information is potentially
personal and private, and (4) the Confidential Information is exempt from
disclosure under the Arizona Public Records and Open Meeting Laws,
A.R.S. § 39-121, et seq. The Agreement does not license, assign, or
convey any intellectual property or proprietary rights from any Party to
any other Party.
"Confidential Information" means non-public information, know-how, or
trade secrets in any form, that:
1. Are designated as being confidential; or
2. A reasonable person knows or reasonably should understand to be
confidential.
The City must comply with and may be subject to certain disclosure
requirements under the Arizona public records law (A.R.S. § 39-101, et
seq.). The City may disclose Confidential Information if required to comply
with a court order or other government demand that has the force of law.
Prior to disclosure, the Party must:
1. Seek the highest level of protection available; and
2. Give GPEC reasonable prior notice of the request for records and
identified responsive documents to allow them to seek a protective
order, unless such notice is not permitted under law.
W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three (3) duplicate originals, each of which is deemed to
be an original. This Agreement, including eleven (11) pages of text and
the below-listed exhibits which are incorporated herein by this reference,
constitutes the entire understanding and agreement of the parties.
Exhibit A- GPEC Action Plan
Exhibit B- GPEC Performance Measures
Exhibit C -Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E- Insurance Requirements
Exhibit F- Regional Cooperation Protocol
This Agreement integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotiations or
previous agreements between the parties with respect to all or any part of
the subject matter hereof.
Except as otherwise expressly provided in this Agreement, any
failure or delay by any party in asserting any of its rights or remedies as to
any default, will not operate as a waiver of any default, or of any such
rights or remedies, or deprive any such party of its right to institute and
maintain any actions or proceedings which it may deem necessary to
protect, assert or enforce any such rights or remedies.
All waivers of the provisions of this Agreement must be in writing
and signed by the appropriate authorities of the City or GPEC, and all
amendments hereto must be in writing and signed by the appropriate
authorities of the parties hereto.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed the Agreement
this day of , 2024.
City of Apache Junction, an Arizona municipal
corporation
By:
Walter "Chip" Wilson, Mayor
ATTEST:
By:
Jennifer Pena, City Clerk
APPROVED AS TO FORM:
By:
Richard J. Stern, City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
On this day of , 2024, before me, the undersigned Notary Public,
personally appeared Walter "Chip" Wilson, who acknowledged himself to be the
mayor of the city of Apache Junction, an Arizona municipal corporation, that he,
as such officer, being authorized so to do, executed the foregoing instrument for
the purposes therein contained, by signing the name of the corporation by himself
as such officer. In witness whereof, I hereunto set my hand and official seal.
Notary Public
My commission expires:
GREATER PHOENIX ECONOMIC COUNCIL,
an Arizona nonprofit corporation
By:
Chris Camacho, President & Chief Executive Officer
STATE OF ARIZONA )
ss.
COUNTY OF MARICOPA )
On this day of , 2024, before me, the undersigned Notary Public,
personally appeared Chris Camacho, who acknowledged himself to be the
President & Chief Executive Officer of Greater Phoenix Economic Council, an
Arizona non-profit corporation, that he, as such officer, being authorized so to
do, executed the foregoing instrument for the purposes therein contained, by
signing the name of the corporation by himself as such officer. In witness
whereof, I hereunto set my hand and official seal.
Notary Public
My commission expires:
�.. ���jam_ •.. '�.�/• � Y, �••
GREATER PHOENIX ECONOMIC COUNCILnr
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Letter from • �
Chri C macho
President & CEO
Dear Partners and Stakeholders,
i' As we enter the third and final year of GPEC's Our unique public-private model is
FY23-FY25 Strategic Plan, I am filled with instrumental in ensuring our work has a
' optimism for the future of Greater Phoenix. tangible impact on our communities while
building a stronger economic future. It
j Over the past year, we have made great allows us to collaborate effectively,
' progress in executing against our vision of a leveraging strengths and resources to create
? ' a future economy grounded in innovation, a region where everyone has the
dynamism, anti-fragility and equity. Throu h opportunity to succeed. I want to extend m
y � g Yg Pp y y
Too a intentional planning and collaboration across gratitude to our community partners, board
�f GPEC's public and private partners, Greater members and private sector investors for
Phoenix has become a dynamic ecosystem their dedication to advancing Greater
where startups, legacy companies and the Phoenix's prosperity.
The tactics vibrant impacts of arts and culture intersect to
• • drive growth and connectivity. The tactics outlined in this action plan will
actionplan will forward forward Greater Phoenix as a leading market
This intersection is key to our success and sets that drives innovation, fosters creativity and
Greater Phoenix as a us apart as a region that others across the U.S. creates equitable opportunities. Thank you
leading market that • _ look to for inspiration. We now have the for your continued partnership and
opportunity to fortify the region by focusing dedication to our shared vision.
• - • • on emerging and innovation-driven sectors,
creativity and creates furthering this prominence nationally and
internationally as global eyes shift towards
'jj equitable opportunities. Greater Phoenix.
FY25 ACTION PLAN
Our MOur Values
C '? �)► , The GPEC Way
To attract and grow - - �
qualitybusinesses, o We are an - diverse family
a n d advocate for iWe are change agents
Greater Phoeni x s We lead from the front
(T
competitiveness . �� .
AW We remain on the edge
We promote intellectual curiosity
We are tenacious
wb�
— 0 We are agile . • adapt t• change
We are committed to selfless service
ti'
KI
� = - Our Vision
Be the leading market d
innovation inaanti -fragilean
equitable economy thenables all
.
residentstobenefitand ros er .
v� 4
1
FY25 ACTION PLAN
•
FY23m25 Strategic Plan Goals
Lead an ambitious shared vision Enhance the foundation of the Expand organizational capacity
for the region's economic future future economy with a focus on to serve the Greater Phoenix
emerging and innovation-driven economic ecosystem and meet
industry sectors the needs of the market
Three-year Strategic Plan Goals
FY23 FY24 =Siam
Strategic Plan
Strategies
Action Plan Tactics
FY25 ACTION PLAN
•
FY25 ,1,o Strategic Plan Goal
1 Lead an ambitious shared vision for the reg ion 's economic future
Strategy 1 : Strategy 2:
Convene the community to articulate a vision for the region's Drive conversations around policy priorities that enhance the pillars of an
future and inspire action around key economic imperatives innovation economy such as infrastructure, education and workforce
development, smart and agile land use, and a capital-friendly environment
Tactics: Tactics:
• Illustrate the past-present-and future of the region with a proactive pro- • Ensure federal dollars from key investment programs flow to support
growth, pro-community vision opportunity cluster development in Greater Phoenix
• Engage local champions to advocate for an innovation economy that drives • Execute on current grant awards
long-term competitiveness and prosperity
• Support critical economic development initiatives such as Prop 479, programs
• Align with partner organizations to generate or support coordinated action enhancing grid capacity and sustainability, water resiliency, and air quality
that drives outcomes addressing regional imperatives
6
iiFY25 ACTION PLAN
IL =MR:-
• Strategic Plan Goal
Lead an ambitious shared vision for the reJ ion 's
economic future
Strategy 3:
Be a leading voice regionally and nationally on economic development priorities
® and strategies
A
Tactics:
• Continue to assess and share regional health metrics through the economic monitor tool and
thought leadership series to educate regional partners on areas of opportunity
• Develop and disseminate data-based, clear, and concise narratives addressing water, energy-
grid stability, air quality and other key components of a strong economic development
foundation
• Engage media and key multipliers out of market to familiarize audiences nationally and
internationally with the Greater Phoenix region value proposition
p
_ - --
FY251.o
Strategy 1 : Strategy 2:
rategICSt
Fortify business attraction efforts to remain Enhance the perception of the Greater Phoenix
best-in-class and execute on sector- market as a premier location for people and
Plan
focused strategies businesses to live, grow and work
Enhance the foundation Tactics: Tactics:
of the future economy • Intensify outreach in key global regions including Brand as a premier location for future-focused
Europe and the APAC region industries, identifying opportunity industries that
with a focus on emerging are targets for growth
• Elevate the GPEC team specialization on industries
and i n n ovati o n -d riven such as Aerospace, Biosciences, and Climate Strategically enhance marketing to drive global
• Technologies recognition for the region
industry sectors
• Support unique programming and tools that
promote soft-landing for foreign companies new
to the market
• Enhance and evolve community partnerships to
anticipate the future of land use needs
8
FY25 ACTION PLAN
•
• ra a isPlanGoal
Enhancet he foundation of the future economy with a focus
on emerging and i nnovation -d riven industry sectors
Strategy 3: Strategy 4:
Intensify support for regional entrepreneurship
Lead on data analytics and cutting-edge {
research capabilities to provide intelligence with a focus on equity, capital strategies and
to clients and stakeholders innovation in collaboration with regional
f
partners
< y:
Tactics: Tactics:
• Develop strategies to incorporate Al and data Align with startup ecosystem partners to
integrations to enhance analysis capabilities coordinate additional resources and programming
and dissemination of key market activities for local companies
• Bolster core capabilities and internal platforms Increase awareness of growth markers and key
to drive lead prospecting and conversions investments into local companies
• Leverage unique partnerships to enhance data
analysis and reporting to grow audience
FY25 ACTION PLAN
FY25 :
Strate g • Strategy 1 : Strategy 2:
I c
Grow capacity through increased investment Coordinate with key stakeholder groups to
Plan o a 3 and diversified funding to provide resources enable an agile response to the needs of
that enable execution against strategic Greater Phoenix
economic initiatives
Expand organizational
capacity to serve the Tactics: Tactics:
Greater Phoenix economic • Clearly and consistently demonstrate stakeholder • Focus on high-value engagement opportunities
value and engagement with GPEC initiatives with stakeholders such as strategic councils,
ecosystem and meet the roundtables and international delegation visits
needs of the market • Leverage relationships to connect with new
investors outside of the GPEC network • Align GPEC Ambassador programming with
industry targets
• Seamlessly integrate new partners in the region
• Continue to utilize the Community Partnership
Program the generate creative solutions and
embody a collaborative metro region
• Highlight the region as a leader for innovative
technologies to address global issues
• , `sue►- I r•'_^�1� ♦ '•
lam' Ilk ` r
Air
ja
I
`w• f
' / I
t• ��y
FY25 ACTION PLAN
•
FY25 : Strategic Plan Goal
Expand organizational capacity to serve the Greater Phoenix economic ecosystem and
meet the needs of the market
Strategy 3: Strategy 4: Strategy 5:
Evaluate organizational metrics to measure Invest in and fortify internal capabilities through Evaluate best practices and bylaws to ensure the
impact beyond business attraction recruitment and professional development to GPEC's Board of Directors remains high-caliber
maintain a best-in-class economic development and activated to support the organizational
team anchored in innovation mission
Tactics: Tactics. Tactics:
• Evaluate marketing and branding metrics as well • Continue to seek national recognition for the • Leverage the GPEC board and other stakeholder
as how to capture value outside of core metrics region, organization, and individuals as leaders in expertise to educate and execute on policy
including the importance of arts, culture, and their field priorities
lifestyle enhancements
• Formalize processes for professional
development, onboarding, and ongoing trainings
11
FY25 ACTION PLAN
Revenues Proposed Approved YOY YOY
e rics and FY2025 FY2024 Var. $ Var. %
City/County Contract Revenue $3,027,872 $2,863,157 $164,715 6%
•
Bud et Overview Pledge Revenue $4,307,850 $4,020,525 $287,325 7%
9
New Pledges $425,000 $425,000 $ - 0%
In-Kind Contributions $140,500 $140,500 $ - 0%
GPEC calculated the metrics for FY25 based on Special Events & Programs $130,000 $202,000 $(72,000) (36%)
Sponsorship Income $280,000 $320,000 $(40,000) (13%)
historical performance and recent trends in office Grant Income $279,122 $ - $279,122 0%
and industrial prospect activity. Other Income $14,560 $1,000 $13,560 1356%
TOTAL REVENUE $8,604,904 $7,972,182 $632,722 8%
Proposed Approved YOY YOY
Contract Target Stretch Expenses FY2025 FY2024 Var. $ Var. %
Payroll (in Millions) $421 .10 $467.88 $514.67 Business Development $831,973 $772,695 $59,278 8%
Jobs 7,201 8,002 8,802 Marketing & Communications $586,823 $538,268 $48,555 9%
High-Wage Jobs 3,813 4,236 4,660 Research & Analytics $331,034 $297,988 $33,046 11%
Average High-Wage Salary $70,235 $78,039 $85,843 Engagement $168,197 $168,197 $(0) (0%)
Qualified Prospects 233 259 285 Regional Initiatives $279,185 $245,365 $33,820 14%
Qualified International Prospects 43 48 53 Operations $504,784 $467,681 $37,103 8%
GPEC Assists 10 12 14 Personnel $5,265,200 $4,972,596 $88,934 2%
Community ROI (1) 23:1 25:1 27:1 Facilities $490,988 $577,001 $(86,013) (15%)
Stakeholder Satisfaction with Business Attraction (2) 7.0 7.3 7.6 Special Events & Programs $439,122 $249,000 $190,122 76%
Stakeholder Satisfaction with Competitive Position (2) 7.0 7.3 7.6 TOTAL EXPENSES $8,897,305 $8,288,791 $608,515 7%
NET INCOME/(LOSS) $(292,401) $(316,609) $24,207 (8%)
1 ROI is calculated as a ratio of direct revenue from GPEC locates divided by funding from GPEC member communities '�'
2 Average result from respondents of EDDT and Board of Directors end-of-year surveys t 2
FY25 ACTION PLAN
urCommun *ities
Fort McDowell
TO WICKENBURG 101 Yavapai Nation 87
Reservation
SURPRISE PEORIA
Include 22 member communities, EL MIRAGE FOUNTAIN
HILLS
Maricopa and Pinal counties YOUNGTOWN
Salt Ri0v2- �
GLENDALE Pima-Mans_;_ e `N
303 101 dian Commw
SCOTTSD E
• Apache Junction • Maricopa TOLLESON PHOENIX
GOODYEAR 143 MESA ■
■
AVONDALE TEMPE APACHE■ JUNCTION
• Avondale Mesa F „�_ •
AapN�eA SR 9p C.rwuwtfort � f
BUCKEYE GILBERT ■
• Buckeye Peoria ■
101 LUI ■
202
24
• Casa Grande Phoenix
■ . CHANDLER ■
�• QUEEN ;
• Chandler • Queen Creek ■ CREEK ■
■ 10 0 0 0 0 = m o o � � � m m m a m m m m m m m m a n .
■
San Tan
• El Mirage • Scottsdale Gila River 347 587 Valley
■
Indian Reservatic I
■
• Fountain Hills • Surprise
• Gila Bend • Tempe ; MARICOPA 187 87
■ 387
k-Chin In
• Gilbert • Tolleson ; ACommunity dian
• Glendale • Wickenburg TOGILABEND CASA 287
■ GRANDE
■
� 64
• Goodyear • Youngtown
13
FY25 ACTION PLAN
Builder Level Intel Corporation Burns & McDonnell Hunt, Guillot&Associates,, Sundt Construction Commercial Properties, Inc.
nvesto rs Air2o JE Dunn Construction CapRock Partners LLC Suntec Concrete Conceptually Social
American Airlines Kitchell CG Schmidt Immedia Systems Evolution, Inc. Cornerstone Staffing
Arizona Coyotes M Culinary Colliers International Irgens Companies (SEI). CoStar Group
Arizona Diamondbacks Mayo Clinic Commonwealth Land Title JLL Taiwan Semiconductor Cypress Office Properties
Visionary Level Array Technologies MidFirst Bank National Commercial Land Advisors Organization Manufacturing Company_ Desert Investment
Bank of America Modern Industries Services Lee &Associates Terracon Management
Banner Health Mortenson Cresa Lincoln Property Company_ The PENTA Building Group Exro Technologies
Benchmark Electronics, Inc. Oaktree Capital Crescent Crown Mack Real Estate Group The Plaza Companies Globe Corporation
aps
i BMO Harris Bank Management Distributing Mastek The Wood Veneer Hub Industrial Storage
AIWAVOPF BOK Financial Olsson Cushman &Wakefield Meritage Homes Trammell Crow Company Keyser
Brookfield Residential ON Advertising Davis Architecture Nationwide Realty Investors Transwestern Commercial KTAR
CBRE Perkins Coie LLP De Rito Partners Off Madison Ave Services Macerich
Chicanos Por La Causa Phoenix Suns and Phoenix Deloitte Okland Construction University of Arizona Merit Partners
Champion Level Mercury_ Deutsch Architecture Group OneAZ Credit Union USAA Meta
Clayco
Pivotal Group DFDG Architecture Opus Development Verizon Wireless Midwestern University_
Cousins Properties, Inc.
Creighton University_ Quarles & Brady Dircks Moving & Logistics Company ViaWest Group Mohr Partners
CHASE !i Desert Financial Credit Sherman & Howard DLR Group Page Wespac Construction, Inc MSS Business
Union Snell & Wilmer LLP DP Electric Partners Personnel WestPac Wealth Partners Transformation Advisory_
Dignity LLealth U.S. Bank DPR Construction Pathward Wexford Science + National Bank of Arizona
DMB Associates Valley Metro El Dorado Holdings Phoenix Children's Hospital Technology Newmark
Cox . Dorsey &Whitney_ Valley of the Sun United EmployBridge Phoenix Raceway_ Willmeng Construction Northrop Grumman
DSV
Way Enterprise Bank &Trust Polsinelli Wist Office Products Pinnacle Bank
EMD Electronics Vitalant Equality Health Professional Piping Systems Prologis
Empire Southwest Weitz Company Everest Holdings Pureflow Inc. Supporter Level RED Development
Equity Land Group Western Alliance Bank FCL Builders Reseco Advisors, LLC Air Products and Chemicals,. Sunstate Equipment
Holdings/Arizona Land FirstBank Resolution Copper Inc. Company_
Accelerator Level Advocate Level Flinn Foundation Rexco The Austin Company
Consulting Arizona Community_
Ernst &Young Alston Construction Gammage & Burnham Rider Levett Bucknall Foundation Trinity Capital Investments
Archicon L.C. Architecture GCON RK Logistics Group Union Pacific Railroad
Arizona State Freeport McMoRan Inc. Atmosphere Commercial
University • Global Credit Union Arizona Israel Technology_ Gensler RSM Interiors VanTrust Real Estate LLC
COP Goodmans Interior Alliance Global Roofing Group Ryan Companies US Inc. Avnet Inc. WhiteHaven
_
Structures Baker op Bak Development Gray Construction Silicon Valley Bank BNSF Railwa
• y
•� �' MARICOPA Bell Bank Graycor Construction Skanska Caliber Com anies
Insi ht Or1 COMMUNITY COLLEGES Goodwill of Central and p
9 Blue Cross Blue Shield of Green Maple Law Group SmithGroup
Northern Arizona Carvana
Grand Canyon University
Arizona Haydon Building Corp Y
Social Television Network Cawley Architects
PNCBANK R O G E R S Helios Bridge Relocation HDR (STN), Chicago Title Insurance
CORPORATION
KUDELSKI GROUP Hines Southwest Airlines
Hensel Phelps Concierge Company - Arizona
Honeywell Bristol Myers Squibb Holualoa Companies Southwest Gas Corporation City of Hope
AL ,v( University HonorHealth BRPH HotFoot Recruiters Spencer Fane LLP Clune Construction
of Phoenix IdealabX Brycon Construction Howard Hughes StarPoint Properties
TPATTPROPERTIES Comcast Business
Corporation Sunbelt Holdings
As of May 20th, 2024 14
\ 0 � LINE
ronnect F: nqage . Listen . Share .
Engage with us year- round for timely updates
on the innovative ways we' re advancing
Greater Phoenix, together.
15
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2025
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated $421.10M
2. Total Number of Jobs Created 7,201
3. Total Number of High-Wage Jobs' 3,813
4. Average High-Wage Salary $70,235
5. GPEC Assists2 10
6. Number of Qualified Prospects 233
7. Number of Qualified International Prospects 43
8. Community Return on Investment' 23:1
Footnotes:
1. High Wage Jobs:High wage jobs are those that are over 130%of the Phoenix MSA Median Wage(currently$60,164).
2. GPEC Assists:Companies that located in the region,for which GPEC provided assistance,that do not qualify as a locate
due to project size for example;and would otherwise be listed as"non-reported locates."
3. ROI is calculated as a ratio of direct revenue from GPEC locates to all member communities divided by funding from GPEC
member communities
Page 1 of 1
EXHIBIT C
TARGETED INDUSTRIES
FY2025
GPEC and our member communities have identified targeted industries on a local and regional level,
incorporating these industries into a regional economic development plan. For fiscal year 2025, GPEC
will continue its emphasis on the following: Advanced Business Services;Aerospace&Defense; Battery
&Energy Storage; Emerging Technologies;Healthcare and Biomedical; Manufacturing&Logistics;
Mission Critical Operations; Semiconductor Ecosystem; and Software.
Member communities will target the following:
Apache Junction
Manufacturing(focus on electronic equipment&components and electric&autonomous vehicles),
distribution/logistics,retail, and hospitality/entertainment/tourism
Avondale
Healthcare;hospitality/tourism;manufacturing&logistics,technology;retail& entertainment; and
technology
Buckeye
Advanced business services;renewable energy; high tech(data center and services); environmental
technology/sustainability; standard and advanced manufacturing;medical and educational institutions;
logistics/transportation/distribution; small business/incubator; aerospace/aviation; and ag-tech
Casa Grande
Advanced manufacturing; automotive technology; transportation/logistics; healthcare/medical services;
aviation/aerospace; and hospitality/entertainment
Chandler
Advanced business services; corporate/regional headquarters; healthcare; advanced manufacturing;
software development; aerospace/aviation; automotive technology; and applied research
El Mirage
Business Services; standard and advanced manufacturing;transportation;warehousing/distribution; heavy
industrial; food, fiber,and natural products; and aerospace aviation
Fountain Hills
Assembly(small scale),biosciences, financial services,healthcare,hospitality,retail and start ups
Gila Bend
Clean technology(manufacturing/central station generation/R&D);
warehousing/transportation/distribution;military supply chain;tourism/hospitality; standard
manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and
heavy industrial
Gilbert
Aerospace/aviation and defense; advanced business and professional services; finance and insurance;
healthcare and education services; information communication technology; manufacturing; clean and
renewable technology; and related corporate/regional headquarters
Pagel of 3
Glendale
Advanced business services; aerospace, aviation and defense; healthcare and bioscience; manufacturing;
technology and innovation
Goodyear
Advanced business services; advanced manufacturing; medical manufacturing; aerospace, aviation and
defense; corporate and regional headquarters; entrepreneurial/start-ups; technology;healthcare and
biomedical(treatment,medical diagnostics,research&development); and higher education
Maricopa(City)
Professional and business services;healthcare services; small business and entrepreneurship; higher
education and education technology; agribusiness/agrisciences; and visitor/hospitality commerce;
semiconductor; EV manufacturing; high tech; and research and development
Mesa
Standard and advanced manufacturing including medical device; research&development; automotive
technology and aerospace/aviation/defense; advanced business services; cybersecurity; information
technology; healthcare/life sciences;mission critical operations;tourism;regional and corporate centers;
and climate tech
Peoria
Advanced business and financial services; aerospace/airport; advanced manufacturing; bioscience and
healthcare;technology and innovation; innovation; and research and development
Pinal County
Advanced Manufacturing;Aerospace,Aviation and Defense; Electric Vehicle Technology&
Manufacturing;Healthcare; Bio/Life Sciences; Transportation,Distribution&Logistics;Natural and
Renewable Resources(Mining,Agriculture, Solar); and Tourism/Hospitality
Phoenix
BioSciences/healthcare; advanced business services; advanced manufacturing; sustainable enterprises;
emerging industries,EV and their supply chains; higher education;trade and FDI; circular economy; food
system entrepreneurship and innovation
Queen Creek
Advanced Manufacturing; agritainment/destination tourism; healthcare; I.T./software; and business
services
Scottsdale
IT services and software; financial and insurance services and technology; healthcare services and
innovation; logistics Management; tourism; and corporate headquarters
Surprise
Advanced business services; advanced manufacturing and rail-served industry; corporate/regional
headquarters innovation/entrepreneurship/emerging technology;medical,healthcare and life science
technologies, services; signature retail; specialty services for global companies/FDI; tourism and
hospitality
Tempe
Advanced business services(financial services);high tech/software(R&D, data center and services);
high-tech/next generation electronics; aerospace R&D/aviation;bioscience(research,drug development,
Page 2 of 3
treatment,medical diagnostics); corporate/regional headquarters; sustainability(environmental);
advanced materials/plastics; software as a service; clean tech,renewable energy and manufacturing
Tolleson
E-Commerce/fulfillment centers;resort/tourist-oriented development; expanded retail opportunities; small
manufacturers with some related retail and offices
Wickenburg
Resort/tourist-oriented development;healthcare with an emphasis on behavioral health;transportation&
distribution; expanded retail opportunities; senior industries, equestrian and rodeo industries
Youngtown
Youngtown is in the throes of developing a commerce park. The park will target second-stage small
manufacturers with some related retail and offices.
Page 3 of 3
EXHIBIT D
FY 2025
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
GPEC Progress Toward Goals
Annual Contract Actual Goal %of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
AVERAGE HIGH WAGE SALARY
QUALIFIED PROSPECTS
QUALIFIED INTERNATIONAL PROSPECTS
GPEC ASSISTS
COMMUNITY RETURN ON INVESTMENT
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
GPEC continues to target high-wage industries(Advanced Business Services;Aerospace&Defense; Battery&
Energy Storage;Emerging Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical
Operations;Semiconductor Ecosystem; and Software)
Page 1 of 1
EXHIBIT E
INSURANCE REQUIREMENTS
The City's insurance requirements are minimum requirements for this Agreement and in no
way limit the indemnity covenants contained in this Agreement. The City in no way warrants
that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that
might arise out of this Agreement for GPEC, its agents, representatives, employees or
Contractors and GPEC is free to purchase such additional insurance as may be determined
necessary.
A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as
broad as the categories set forth below with limits of liability in amounts acceptable to
the City.
1. Commercial General Liability - Occurrence Form
(Form CG 0001, ed. 10/13 or any replacements thereof)
General Aggregate/per Project
Products-Completed Operations Aggregate
Personal &Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Directors and Officers
Medical Expense (Any one person) Optional
2. Automobile Liability-Any Auto or Owned, Hired and Non-Owned Vehicles
(Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit
Per Accident for Bodily Injury and Property Damage
3. Workers' Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and approved
by the City. If not approved, the City may request that the insurer reduce or eliminate such
self-insured retentions with respect to City, its officers, officials, agents, employees and
volunteers.
Paget of 3
C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the
following provisions:
1. Commercial General Liability
a. The City, its officers, officials, agents, employees and volunteers are to be
named as additional insureds with respect to liability arising out of. activities
performed by or on behalf of GPEC, including the City's general supervision of
GPEC; products and completed operations of GPEC; and automobiles owned,
leased, hired or borrowed by GPEC.
b. GPEC's insurance shall include broad form contractual liability coverage.
C. The City, its officers, officials, agents, employees and volunteers shall be
additional insureds to the full limits of liability purchased by GPEC, even if those
limits of liability are in excess of those required by this Agreement.
d. GPEC's insurance coverage shall be primary insurance with respect to City,
its officers, officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by City, its officers, officials, employees or volunteers shall
be in excess of GPEC's insurance and shall not contribute to it.
e. GPEC's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
f. Coverage provided by GPEC shall not be limited to the liability assumed
under the indemnification provisions of this Agreement.
g. The policies shall contain a waiver of subrogation against City, its officers,
officials, agents, employees and volunteers for losses arising from work performed
by GPEC for the City.
2. Workers' Compensation and Employers'Liability Coverage. The insurer shall
agree to waive all rights of subrogation against City, its officers, officials, agents,
employees and volunteers for any and all losses arising from work performed by
the Contractor for the City.
D. Notice of Cancellation. Each insurance policy required by the insurance provisions of
this Agreement shall provide the required coverage and shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty(30) calendar
days'prior written notice has been sent to City at the address provided herein for the giving
of notice. Such notice shall be by certified mail, return receipt requested.
Page 2 of 3
E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or
approved unlicensed companies in the State of Arizona and with a "Best's" rating of not
less than A-:VII. City in no way warrants that the above required minimum insurer rating
is sufficient to protect GPEC from potential insurer insolvency.
F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance
(ACORD form or equivalent approved by City) and with original endorsements effecting
coverage as required by this Agreement. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted
on the Certificate of Insurance.
All certificates and endorsements are to be received and approved by City before work
commences. Each insurance policy required by this Agreement must be in effect at or prior
to commencement of work under this Agreement and remain in effect for the duration of
the project.
All certificates of insurance required by this Agreement shall be sent directly to City at the
address and in the manner provided in this Agreement for the giving of notice. City's
Agreement/Agreement number, GPEC's name and description of the Agreement shall be
provided on the Certificates of Insurance. City reserves the right to require complete
certified copies of all insurance policies required by this Agreement, at any time.
G. Approval. During the term of this Agreement, no modification may be made to any of
GPEC's insurance policies which will reduce the nature, scope or limits of coverage which
were in effect and approved by the City prior to execution of this Agreement.
Page 3 of 3
Regional Cooperation Protocol Policy
Greater Phoenix Economic Council and Economic Development Directors Team
The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved.
GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is
important that they work together as partners on projects involving the communities which GPEC represents,
regardless of the source of the lead, as follows:
1. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC
member communities, as a globally competitive region.
2. Maintain the highest standards of economic development prospect handling, including confidentiality,
without jeopardizing a prospect's trust to secure the probability of a regional locate. Partners agree to
respect the prospect's request for confidentiality but also agree to notify each other as to the existence of
a project with a confidentiality requirement when able and shall make a good-faith effort to involve the
appropriate state,regional or local partners at the earliest possible time.
3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in
Maricopa County or in any of the communities that GPEC represents,understanding that GPEC is in a
unique position to represent and speak on regional economic development issues and on characteristics
of the region's economy. Likewise, GPEC acknowledges that communities are in the best position to
speak about local incentives and efforts surrounding the local economy.
4. For projects that originate with a GPEC member community, GPEC will be available for confidential
research access,topical expertise or as a service provider,to add value to the community in securing the
project. Additionally, GPEC will not e-track the project unless the community lead makes such a
request to do so.
5. Provide accurate and timely information in response to specific requests by all prospects. When a client
has narrowed sites to specific GPEC member communities,GPEC will make a good faith effort to
inform those affected EDDT members first. EDDT members agree to provide information solely on
their own community when the information requested is site-specific(i.e.,cost of land,taxes,
development fees,utility availability and cost,zoning process timing,permit timing and local
incentives). When site-specific information related to other GPEC communities is requested, EDDT
members agree to(i) direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects
to contact the affected communities directly,and as a courtesy,contact the affected communities.
6. Agree that regardless of the lead source,public locate announcements shall be coordinated among the
company, GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners
(subject to any confidentiality requirements).
7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development
agency,and champion sound statewide economic development programs and policies.
8. Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies
with current operations in another GPEC community.
9. Inform GPEC member community when a company visits or physical site visit within that community
will occur. Economic Development Directors will be the primary point of contact for the company when
community information is needed.
10. In the event that a project working with GPEC or any member community is discovered to have an
Page 1 of 2
existing presence within the region,the member community will notify the economic development
director of the project's current home community,notwithstanding prohibition due to a non-disclosure
agreement.
11. Agree that the consideration of a future community to GPEC's membership will be brought before
EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the
addition of a new community to GPEC's President and CEO.
12. Formalize a process to convene GPEC and Economic Development Directors of GPEC member
communities biannually, and cooperate in the exchange of information and ideas reflecting practices,
procedures and policies relating to prospect handling and regional economic development.
13. Work collectively to maintain a high level of trust and integrity by and between GPEC and the
Economic Development Directors of GPEC member communities,utilizing differing views as an
opportunity to learn.
14. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to
ensure coordination and communication.
15. When a Prospect Information Form(PIF)is issued by the state economic development agency GPEC
will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and
GPEC will assemble the response and return to the state economic development agency.
16. It is understood GPEC will or may host annual executour(s)and/or other marketing familiarization
tour(s)to promote the regional communities. GPEC will make every attempt to provide as much
interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC
of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office.
17. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been
observed in a material respect or a professional conflict arises that cannot be settled. This mediation
process will be convened by the EDDT Chair,who may, at his/her discretion,consult or involve
GPEC's President and CEO in addition to others with topical expertise central to the conflict.
Page 2 of 2
►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: 24-483
Sponsor: Rob Wisler Agenda Date: 6/17/2024
Index: In Control: City Council Work Session
Presentation and discussion of extension through August 31, 2024, of the individual towing
contracts currently in place with Apache Sands Towing, CL King Towing, and Phoenix Metro
Towing which are due to expire on June 30, 2024.
City of Apache Junction,Arizona Page 1 Printed on 611112024
r
City of Apache Junction
-4
1 ' Home of the Superstition Mountains
DATE: JUNE 3, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
THROUGH: BRYANT POWELL, CITY MANAGER
FROM: ROBERT WISLER, MANAGEMENT ANALYST
SUBJECT: POLICE TOWING CONTRACT EXTENSIONS
Executive Summary
In February 2024, staff proposed a tow contract extension to the city council to maintain
the current contracts with Apache Sands Towing, CL King Towing, and Phoenix Metro
Towing while the request for proposals (RFP) for new towing services was finalized. The
city council approved this extension, as the new towing contracts were anticipated to
start on July 1 st. However, the RFP had to be withdrawn to clarify several points raised
during the question-and-answer period. The revised RFP has been republished and is
currently being processed, with a new anticipated start date of September 1st for the
new towing contracts.
As a result, staff will present another extension of the current tow contracts to the city
council on June 16th for a work session and on June 17th for consideration. We are
providing this information early to address any questions about the extension, the new
RFP, and the procurement process. We expect the new towing contract to be brought
to the city council for consideration in July to adhere to the new start date of September
1 st. The police towing contract extension, passed by Council in February expires June 30,
2024. The current contract needs to be extended through August 31 st to ensure the City
retains tow services during the interim period.
Analysis and Recommendation
If this contract expires without an extension before a new contract is set to begin, AJPD
will be, in the interim, without towing services. Extending the contract prevents AJPD
from being unable to tow vehicles parked illegally, from impounding vehicles involved
in crimes, or from clearing car accident scenes. Until the new contract is ready for
approval, extending the current contract is the only alternative to retain those services.
Next Steps
The current contract must be extended by July 1, 2024 to ensure there is no lapse in police
towing service. City staff anticipates the new contract will come to Council in July and
the new contract will take effect on September 1, 2024.
SECOND AMENDMENT TO AGREEMENT FOR TOWING AND VEHICLE
STORAGE SERVICES BETWEEN CITY OF APACHE JUNCTION AND
APACHE SANDS TOWING
THIS SECOND AMENDMENT Is made and entered into this day of
, 2024 ("the Execution Date") by and between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City"), and APACHE SANDS
TOWING, an Arizona corporationllimited liability company ("Contractor"),
sometimes collectively referred to as the"Parties"or individually as a"Party".
RECITALS
A. On April 19, 2017, the Parties initially entered into the Initial towing
services agreement("Agreement").
S. The last day of the Agreement was April 5, 2024.
C. On February 20, 2024, the parties agreed to a First Amendment to the
Agreement under which City extended the term through June 30, 2024.
D. City staff is competitively bidding tow services for the next ten years
through a Request for Proposals process and the start date for the contract will
not be until September 1,2024.
E. In order not to have a disruption in towing services, the Agreement needs
to be further extended through August 31, 2024 by execution of this Second
Amendment.
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 Agreement as follows:
A. Section 3. CONTRACT TERM: This Agreement shall be effective beginning
on July 1, 2024 and shall remain in full force and effect through August 31, 2024.
B. Except as expressly amended herein, all other terms and provisions of the
Agreement executed by the Parties shall remain in full force and effect until the
Agreement is terminated or all obligations have been performed.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to
be signed by their duly authorized representatives as of the day and year first
above written.
CONTRACTOR:
APACHE SANDS TOWING, an Arizona
corporation/limited liability company
SA
By: QgA FwOnAy,& .4
CITY:
CITY OF APACHE JUNCTION,ARIZONA,
an Arizona municipal corporation
By: Walter"Chip"Wilson
Its: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
<4 G:5.2*
R. Joel Stern
City Attorney
2
SECOND AMENDMENT TO AGREEMENT FOR TOWING AND VEHICLE
STORAGE SERVICES BETWEEN CITY OF APACHE JUNCTION AND
CL KING TOWING
THIS SECOND AMENDMENT is made and entered into this day of
2024 ("the Execution Date") by and between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City"), and CL KING TOWING, an
Arizona corporationilimited liability company ("Contractor"), sometimes
collectively referred to as the"Parties"or individually as a "Party".
RECITALS
A. On April 19, 2017, the Parties initially entered into the initial towing
services agreement("Agreement").
B. The last day of the Agreement was April 5, 2024.
C. On February 20, 2024, the parties agreed to a First Amendment to the
Agreement under which City extended the term through June 30, 2024.
D. City staff is competitively bidding tow services for the next ten years
through a Request for Proposals process and the start date for the contract will
not be until September 1, 2024.
E. in order not to have a disruption in towing services, the Agreement needs
to be further extended through August 31, 2024 by execution of this Second
Amendment.
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 Agreement as follows:
A. Section 3. CONTRACT TERM:This Agreement shall be effective beginning
on July 1, 2024 and shall remain in full force and effect through August 31, 2024.
B. Except as expressly amended herein, all other terms and provisions of the
Agreement executed by the Parties shall remain in full force and effect until the
Agreement is terminated or all obligations have been performed.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to
be signed by their duly authorized representatives as of the day and year first
above written.
CONTACTOR:
CL KING TOWING, an Arizona
co rationllimited I b' ity co any
t
By: V Tore-my Mr_SJoA
CITY:
CITY OF APACHE JUNCTION,ARIZONA,
an Arizona municipal corporation
By: Walter"Chid'Wilson
Its: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
46-5-24-
R. Joel Stern
City Attorney
2
SECOND AMENDMENT TO AGREEMENT FOR TOWING AND VEHICLE
STORAGE SERVICES BETWEEN CITY OF APACHE JUNCTION AND
PHOENIX METRO TOWING
THIS SECOND AMENDMENT is made and entered into this day of
, 2024 ("the Execution Date") by and between the CITY OF APACHE
JUNCTION, an Arizona municipal corporation ("City"), and PHOENIX METRO
TOWING, an Arizona corporation/limited liability company ("Contractor"),
sometimes collectively referred to as the "Parties"or individually as a"Party".
RECITALS
A. On April 19, 2017, the Parties initially entered into the initial towing
services agreement("Agreement").
B. The last day of the Agreement was April 5, 2024.
C. On February 20, 2024, the parties agreed to a First Amendment to the
Agreement under which City extended the term through June 30, 2024.
D. City staff is competitively bidding tow services for the next ten years
through a Request for Proposals process and the start date for the contract will
not be until September 1,2024.
E. in order not to have a disruption in towing services, the Agreement needs
to be further extended through August 31, 2024 by execution of this Second
Amendment.
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 Agreement as follows:
A. Section 3. CONTRACT TERM: This Agreement shall be effective beginning
on July 1, 2024 and shall remain in full force and effect through August 31, 2024.
B. Except as expressly amended herein, all other terms and provisions of the
Agreement executed by the Parties shall remain in full force and effect until the
Agreement is terminated or all obligations have been performed.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to
be signed by their duly authorized representatives as of the day and year first
above written.
CONTRACTOR:
PHOENIX METRO TOWING, an Arizona
corporation/limitgd li bility company
By: ti
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter"Chip"Wilson
Its: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
d0 6-5z1
R.Joel Stern
City Attorney
2
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
Piz File ID: 24-497
Sponsor: Aaron LaSota Agenda Date: 6/17/2024
Index: In Control: City Council Work Session
Presentation and discussion of professional services agreement with Teresa Monica Hunt for
public defender services.
City of Apache Junction,Arizona Page 1 Printed on 611112024
PP pCHF✓�
lei*������
Y;
Home of the Sui)erstition Mountains
gR1zo Municipal Court
6/05/2024
To: Mayor Wilson, Vice-Mayor Schroeder and City Council Members
From: Hon. A. Douglas LaSota, Presiding Magistrate
Re: Request for Approval of contract for replacement court appointed attorney
The court currently has two (2) court appointed attorneys on contract- Karen Nicely and
Diana Braaten, and a conflict court appointed attorney- Theresa Monica Hunt (also on
contract on an as-needed basis getting paid per case).
Ms. Braaten has decided to cut back on her law practice as she moves towards full
retirement. She has turned in her notice to the city and the last day on her current
contract will be June 30. 2024. Our contract conflict counsel, Ms. Hunt, is willing to take
Ms. Braaten's place and become one of our two (2) regular court appointed counsel.
Ms. Braaten has agreed to work as our conflict contract court appointed attorney (she
can sign a conflict contract with the City Manager).
Thus, Ms. Braaten and Ms. Hunt are doing a simple switch of duties and contracts.
There is no additional cost to the city. Ms. Hunt has been working in our court for over
one year and is very experienced, so there will be no reduction in the quality of services
to those she will represent on criminal cases. She is also a Judge Pro Tern in
Wickenburg. Ms. Braaten is a more than capable conflict attorney.
Attached is a copy of Ms. Hunt's Resume/CV and a signed contract. It is respectfully
requested that the PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND THERESA MONICA HUNT FOR MUNICIPAL COURT
CRIMINAL INDIGENT DEFENSE be approved and that Judge LaSota be given
authority to sign the contract (which was prepared by Joel Stern).
Hon. A. Douglas LaSota
Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119
(480)982-8250
6751 N SUNSET BLVD #320, GLENDALE, AZ 85305
PHONE (602) 525-2371, tmhuntlaw(a gmail.com
TERESA M. HUNT
CAREER GOAL To be a positive influence within the justice system
SKILLS/ATTRIBUTES
Integrity; Arguably the most important requirement for anofficer of the court
• Excellent Working Relationship with Court Staff and Other Counsel
• 30 years experience in domestic violence cases, DUIs, and theft related cases
• 30 years of courtroom experience including jail court, initial appearances,
arraignments,bond reduction hearings,pre-trial conferences, motion hearings, non-
jury trials,jury trials, sentencings, restitution hearings, order of protection hearings,
and post conviction hearings such as probation revocation arraignments and hearings,
motions to modify the sentence, and order to show cause hearings
• 30 years experience using the U. S. Constitution, Arizona Revised Statutes, Arizona
Rules of Criminal Procedure, the Arizona Rules of Evidence, and City Codes
6 years experience using the Fort McDowell Yavapai Nation Law &Order Code
• 30 years experience analyzing cases, negotiating plea agreements, conducting trials,
presenting motions and arguments in court and interviewing police officers and
witnesses
An active member in good standing with the State Bar of Arizona since May 1993
• Passion for Justice and in the Due Process in obtaining Justice
i
PROFESSIONAL EXPERIENCE
1998 to present-Law Office of Teresa M.Hunt Sole Practitioner
j • From 1998 to present-main area of practice is criminal law. I also practice family law,probate,
collections,and real property law.
• From August 2023 to present-Judge Pro Tem for the Town of Wickenburg
a From March 2023 to present-Conflict Attorney for the Apache Junction Municipal Court
From 2017 to present-Court Appointed Attorney for the Fort McDowell Yavapai Nation
o I represent tribal members charged with violations of the FMYN Law and Order Code
From 2013 to present-Court Appointed Attorney for the City of Tolleson
• From 2000 to present-Provide quality coverage for other attorneys,including prosecutors
• From 2012 to Dec 2023-I was an attorney for Collections U.S.A.,Inc.
o I represented the company's interest in garnishment hearings and civil lawsuits in
Maricopa County Justice Courts.
• From 2009 to May 2014-Court Appointed Attorney for the Town of Youngtown
• From 2004 to 2007-Provided attorney notary signing services for Precision Closing Services
PROFESSIONAL EXPERIENCE continued
• From 2001 to 2006-Prosecuted cases,with full authority to make decisions on those cases,when
I frequently appeared for James P.Hernandez,the El Mirage City Prosecutor at that time,now a
City of Phoenix Judge
• From April 1998 to June 2001 and then May 2004 to October 2004,Court Appointed Attorney
for the City of Phoenix
Mohave County Public Defender's Office 1994 to 1998,Deputy Public Defender(chronologically)
➢ Attorney I,May 1994 to April 1996
■ Headed the Lake Havasu City branch office. May 1994-May 1995
o Represented the defendants charged in all Lake Havasu City Justice Court and
Lake Havasu City Municipal Court cases unless there was a conflict of interest
assigned to the office,including handling all preliminary hearing settings for the
office in Lake Havasu City (Mohave County PD's Office also had the city defense
contract.)
o Represented defendants charged in Kingman Justice Court
o Represented clients charged with low-level felonies appearing in Mohave County
Superior Court
• Transferred to Kingman,May 1995
o Became responsible for all Bullhead Justice Court misdemeanors unless there was a
conflict and handled all preliminary hearing settings in Bullhead Justice Court for
the office
➢ Caseload expanded to include probation violation cases for felonies,juvenile cases,and more
serious felonies
➢ Attorney II,April 1996 to August 1996
■ Responsible for a virtually exclusive felony caseload,including representing clients charged
with more serious felonies on a regular basis including class 2 felonies frequently
s Began representing the majority of the juvenile cases for the office
➢ Attorney III,August 1996 to April 1998
■ Responsible for representing clients charged with the most serious felonies (for example
fraudulent schemes,burglaries,sex crimes and attempted murder) continuing to be
appointed on some misdemeanor cases
■ Responsible for the juvenile caseload for the office(misdemeanors and felonies)
BAR MEMBERSHIPS/APPROVAL TO PRACTICE LAW
• State Bar of Arizona;May 1993
• United States District Court,District of Arizona;February 2003
• Approval to practice law on tribal land,Fort McDowell Yavapai Nation;Sept.2017
EDUCATION (chronologically)
• Graduated summa cum laude from Maryvale High School;May 1985
• Graduated magna cum laude from Arizona State University,earning my Bachelor of Science
degree in,Justice Studies;May 1989
• Graduated Arizona State University,College of Law(now the Sandra Day O'Connor College of
Law) earning my Juris Doctor;May 1992
HONORS (listed in order of personal importance)
• Awarded The Outstanding Undergraduate in Justice Studies at graduation from ASU
• Awarded the Dean's Award at my law school graduation
• Awarded the Board of Regent's Scholarship upon graduation from Maryvale High School
retaining the scholarship all four years at ASU
• Chosen by law school administration,without having applied,to the Honor Code Committee
• Awarded the Sun Angel Funk Award by the Justice Studies Department my senior year atASU
withmt having applied
RELEVANT INTERNSHIPS AND ACTIVITIES
• Volunteered with the Glendale Victim Assistance Services, summer of 1988
• Interned with the Arizona Department of Transportation(Governor Rose Mofford's Internship);
summer of 1990
• Interned with the City of Phoenix Prosecutor's Office;summer of 1991
• Interned with Judge Gerber (Appellate Court);winter break 1991
• On the Executive Board of several law school organizations each law school year that honed my
administrative skills and leadership abilities
NOTEWORTHY ACHIEVEMENTS
• Confirmed August 2023 as a Judge Pro Tern by the Town Council of Wickenburg
• Semi-Finalist for the Presiding Magistrate position in the Town of Oro Valley,2021
• Finalist for the Magistrate position in Nogales,winter of 2010
• Finalist for the Magistrate position in Sedona,fall of 2009
STRESS COPING INTERESTS
• Singing-I have sung in choirs and won singing competitions in my youth. I still sing.
• Latin/Ballroom dancing. I enjoy taking private and group dance classes.
These interests help cope with the stress that naturally comes with working in the legal field.
PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND TERESA MONICA HUNT FOR MUNICIPAL
COURT CRIMINAL INDIGENT DEFENSE
THIS AGREEMENT is made and entered into this day of
2024, by and between the CITY OF APACHE JUNCTION,
ARIZONA, an Arizona municipal corporation ("City"), and TERESA MONICA
HUNT, Attorney at Law ("Attorney"), sometimes collectively referred to as the
"Parties" or individually as a "Party".
RECITALS
A. The Presiding Magistrate of City's Municipal Court (hereinafter the
"Court") appoints defense attorneys to provide legal representation services to
indigent defendants on an as-needed basis.
B. Pursuant to A.J.C.C. Vol. I, § 3-7-7, the indigent defenseservices are
Iexempt from the City's procurement process.
C. After completion of the bidding process, City identified Attorney as the
preferred provider with the qualification that best meets the needs of the Court.
D. This Agreement sets forth the rights and obligations of the Parties.
AGREEMENT
'I
NOW, THEREFORE, City agrees to retain and does hereby retain Attorney
and Attorney agrees to provide the services required according to the terms
and conditions setforth'below:
1. ATTORNEY'S DUTIES: Attorney agrees to perform the following
professional services:
I
A. Provide legal defense for indigent defendants assigned to
Attorney after execution date of this contract by Court. Court
schedule will not be changed arbitrarily and without prior
consideration of Attorney's schedule.
B. Represent indigent defendants assigned to Attorney by the City
Magistrate from the date of assignment through final disposition
of assigned cases, whether the cases are completed during the
agreement period or afterwards and be responsible for
completing all cases that are active through the Term of the
Agreement.
C. Prepare for and appear at all Court proceedings pertaining to
assigned defendants including, but not limited to: pretrial
conferences, motions, jury and non jury trials, evidentiary
hearings, restitution hearings, sentence reviews, bond reduction
or release motions, revocation of probation hearings, oral
arguments, sentencings, order to show cause hearings,
appellate proceedings, special actions and Rule 11 hearings.
Attorney will not be required to be present at arraignments
except where defendants request appointment of counsel and in
these instances, the arraignment will be continued until the time
of a pretrial hearing, when, Attorney shall be present. Once
appointed, Attorney shall -represent each defendant throughout
all stages of the proceedings, including appeals and other
appropriate post-conviction reliefs, until Attorney is relieved
from the case by Court.
D. Provide personal consultation with clients prior to pretrial
disposition conferences when requested or otherwise
appropriate. Attorney shall maintain personal contact with all
clients until assigned cases are terminated and shall use
reasonable diligence in notifying such clients of official Court
action resulting from their clients' nonappearance at scheduled
court sessions (proof of such notice must be supplied upon
request).
E. Conduct the defense of indigent defendants in conformance with
the minimum standards and requirements set forth in Strickland
v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674
(1984); and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374
(1984); and in State v. Lee, 142 Ariz. 210, 689 P.2d 153 (1984). In
the event that a case involves two or more defendants or
Attorney declares a conflict of interest, Court may assign one or
more defendants to another Attorney.
F. Arrange and provide substitute counsel when unable for any
reason to appear in Court or at events described in subsections
(B) and (C) above. Substitute counsel shall not be used
routinely. In general, substitute counsel should be used only
when Attorney cannot serve as defense counsel because of
illness and announced and scheduled vacation, or prior legal
commitment of precedence in another court. Within ten (10)
calendar days of the execution of this agreement, Attorney shall
provide the Presiding Magistrate with the names, addresses and
telephone numbers of substitute counsel who will be responsible
for providing defense services. No counsel shall be offered as a
substitute in performance of defense services without the prior
2
written consent of Court. Such consent shall not be arbitrarily or
unreasonably withheld or withdrawn.
G. Pay for interpreters for all out-of-court matters. Court will
jprovide and will pay for interpreters for non-English speaking
defendants for all in-court and pretrial proceedings.
H. Pay all costs incurred in the representation of indigent
defendants assigned by Court pursuant to this agreement
including, but not limited to, office space, telephones;
transportation, photographs, photocopies, office supplies, office
overhead, reports, and secretarial services..
I. Obtain Court approval of all expert witnesses. City will be
responsible for fees for expert witnesses up to a maximum of
$500.00 per case, with the '$500.00 figure exceeded only where
appointment of such witness is ordered by Court.
J. Advise Court when indigence of any given defendant is
questionable. Attorney shall not be asked to advise clients until
the Court has determined'that they are indigent and are entitled
to court-appointed Attorney representation. Attorney may
request a review of the indigence of any defendant assigned to
him/her. If Court makes a determination of non-indigence of
such a defendant and allows Attorney to withdraw, Attorney
shall not represent that defendant in that case for a fee..
K. Give precedence to settings in the Court over civil cases and all
other criminal cases in other courts which do not have
precedence as provided by the Arizona Rules of Criminal
Procedure.
L. 'Serve as advisory counsel to in-custody defendants being seen
by Court on the attorney regularly scheduled appearance day as
permitted pursuant to Arizona Criminal Rules of Procedure, Rule
6.1(c).
2. ALLOWABLE CASELOAD: No more than 165 defendants annually will
be assigned to Attorney during the Term of this Agreement by the Court.
Attorney will be credited with one appointment,for each defendant assigned. If
Attorney is appointed to represent a defendant who has more than one
municipal court case pending, Attorney shall be credited with one-half of one
appointment for each additional municipal court case associated with each
assigned defendant.
3
3. OFFICE: Attorney shall have an office or make arrangements to use
office that is located within forty-five (45) mile radius of the corporate limits of
City for personal consultation with clients when requested and otherwise
appropriate. Such office must receive clients in person and by telephone from
7:00 a.m. to 6:00 p.m., Mondays through Thursdays, but not Fridays, Saturdays,
Sundays, and legal holidays.
4. COMPENSATION: In accordance with the terms and conditions of this
Agreement, City shall compensate Attorney for its professional services as
follows:
Regardless of number of hours worked or number of defendants
represented, Attorney shall receive compensation in the amount of
$40,500.00 annually, payable at a monthly rate of $3,375.00 per month,
billable at the end of each month of service. Should any case be appealed
to superior.court, to include any special action, Attorney shall receive an
additional $500.00 as the-sole compensation for conducting such appeal.
Any additional cases assigned above this annual amount shall be
compensated at$160:00 per case. Attorney shall submit monthly invoices
for payment no later than the tenth day of the calendar month for which
Attorney is billing. City will make payment to Attorney within thirty (30)
calendar days from date of receipt of invoice from Attorney. All fees,will
be monitored for reasonableness and for case management.
Unreasonable fees.will not be paid. If Attorney is present for pretrial for
multiple defendants, the time charged to Court is to be divided by the
number of defendants.
5. TERM: This Agreement shall be effective beginning July 1, 2024, and
shall continue through June 30„ 2027, subject to the Termination provisions set
forth in Section 9 of this Agreement. An additional two-year Term from July 1,
2027, through June 30, , 2029, may be mutually negotiated by the Parties
formalized in a subsequent Amendment to this Agreement.
6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney
with all data, information, and other supporting services necessary and
reasonable for Attorney to perform the services set forth within this Agreement.
7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the
services, Attorney shall exercise the reasonable professional care and skill
customarily exercised by reputable attorneys practicing in the Phoenix
Metropolitan Area and shall use reasonable diligence and best judgment while
exercising her professional skill and expertise. Attorney shall be responsible for
all errors and omissions Attorney commits in the performance of this
Agreement. Attorney shall notify Court after being arrested for any violation of
any law within twenty-four (24) hours of such arrest. Attorney shall also advise
Court no later than twenty-four (24) hours after being notified of any .bar
complaint being filed with any state bar, or any arrest, and any self-reporting of
4
unethical conduct. Any arrest, bar complaint or self-reporting may be
considered a breach of good faith under this agreement, especially in situations
where such circumstances place the City in a bad light or otherwise is a public
embarrassment or action that results,in the City having to defend its ordinances
or code regulations through its city attorney. Such situations as sex with a client
(even if not a court client), domestic violence, driving while under the influence,
any drug or other sexual crime, any felony, any misdemeanor involving moral
turpitude, shall be grounds for immediate Termination by City/Court.
8. NOTICES: All notices to the other Party required under this Agreement
shall be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following personnel:
If to City: Aaron Douglas LaSota
Presiding Magistrate
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
If to Attorney: Teresa Monica Hunt
Law Office of Teresa M. Hunt
6751 N. Sunset Blvd., Suite #320
Glendale, AZ 85305
9. TERMINATION: Either Party may terminate this. Agreement by
providing thirty (30) calendar days' written notice for any reason.
10. INDEPENDENT CONTRACTOR: The relationship created under this
Agreement between Attorney and City/Court shall be solely that of an
independent contractor, and nothing contained herein shall be construed to
create a relationship of attorney-client, principal-agent, employer-employee,
partnership, joint venture, or any relationship of any kind other than
{ independent contractor. Because Attorney is an independent contractor, the
Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, Older Workers' Benefit
Protection Act, the Federal Unemployment Tax Act, the provisions of the Internal
{ Revenue Code, Arizona revenue and taxation laws, Arizona worker's
,I compensation law, and Arizona unemployment insurance law are not applicable.
Attorney will retain sole and absolute discretion and judgment in the manner and
means of carrying out Attorney's activities and responsibility hereunder. As an
independent contractor, Attorney is not required to perform work exclusively for
City during the term of this Agreement.
In the event of Termination, early or by non-renewal of this Agreement, Attorney
shall, complete all assigned cases and within fifteen (15) calendar days after
such notice is received by either Party, or within fifteen (15) calendar days of the
5
anniversary date if the Agreement is not renewed, provide all client files to the
Court, and shall provide a final bill for services.
11. RECORDS: Records of Attorney'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. Attorney shall
maintain records for a period of at least twenty-four (24) months after
Termination or non-renewal of this Agreement, or for such time as is required
applicable ethical rules and/or opinions and shall make such records available
during that retention period for examination or audit by City personnel during
regular business hours. 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 Attorney.
12. INSURANCE: Attorney shall purchase and maintain minimum
professional liability/malpractice insurance with companies duly licensed, in an
amount satisfactory to City/Court.
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/Court, constitute a material breach of this Agreement.
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/Court.
City/Court reserves the right to request and to receives within ten (10) city
working days, certified copies of any or all of the herein required insurance
policies and/or endorsements. City/Court shall not be obligated, however, to
review same or to advise Attorney of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Attorney from, or be deemed a
waiver of, City's or Court's right to insist on strict fulfillment of Attorney's
obligations under this Agreement.
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City from Attorney.
1.3. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the services described herein
with only this particular Attorney.
14. FORCE MAJEURE: Neither City nor Attorney, 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 their
control and without their fault or negligence or failure to comply with any
6
applicable laws, -including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather, 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 services under this Agreement. In no event will Enforced Delay
include any delay resulting from unavailability for any reason of labor shortages,
or the unavailability for any reason of particular consultants, desired by
Attorney in connection with the services. Attorney agrees that Attorney alone
will bear all risks of delay which are not Enforced Delay.
15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney
shall defend, indemnify and hold harmless City, its elected and appointed
officers, officials, agents, employees and Court from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including attorney and expert witness fees, arising from or connected
with or alleged to have arisen from or connected with, relating to, arising out of,
or alleged to have resulted from the acts, errors, mistakes, omissions, work or
services of Attorney, its agents, or employees in the performance of this
Agreement. Attorney's duty to defend, hold harmless and indemnify City, its
elected and appointed officers, officials, agents, employees and Court shall
arise in connection with any tortious claim, damage, loss or expense that is
attributable to bodily injury, sickness, disease, death, or injury to, impairment;
or destruction of property including loss of use resulting therefrom, caused by
an Attorney's acts, errors, mistakes, omissions, work or services in the
ri performance of this Agreement including any employee of Attorney, or any other
person for whose .acts, errors, mistakes, omissions; work or services Attorney
may be legally liable. The provisions of this paragraph shall survive termination
of this Agreement.
16. WAIVER OF TERMS AND CONDITIONS: The failure of City or
Attorney to insist in any one or more instances on performance of any of the
terms or conditions of this Agreement or to exercise any right or privilege
contained herein shall not be considered as thereafter waiving such terms,
conditions, rights or privileges, and they shall remain in full force and effect.
17. 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 or
removal in such proceeding to any other county' or other jurisdiction. In the
7
event either Party shall bring suit to enforce any term of this Agreement or to
recover any damages for and on account of the breach of any term or condition
in this Agreement, it is mutually agreed that the prevailing Party in such action
shall recover all costs including: all litigation and appeal expenses, collection
expenses, reasonable attorneys' fees, necessary witness fees and court costs
to be determined by the court in such action.
18. MODIFICATION OF CONTRACT: This contract shall be automatically
modified to comply and conform to any subsequent change (regarding indigent .
representation) imposed by case law or rules promulgated by the Arizona
Supreme Court.
19. LICENSE: Attorney represents and warrants that any license
necessary to perform the work under this Agreement is current and valid; such
license includes but is not limited to an Arizona license to practice law and a City
of Apache Junction business license. Attorney understands that the activity
described herein constitutes "doing business in the City of Apache Junction"
and Attorney agrees to obtain .a business license pursuant to Chapter 8 of the
Apache Junction City Code and keep such licenses current during the term of
this Agreement. Attorney also represents and warrants that there are no
pending bar complaints in any state Attorney is licensed to practice, and that
Attorney is not on suspended, revoked, or disbarred status in any jurisdiction
where so licensed.
20. MISCELLANEOUS:
A. All agreements shall be interpreted to avoid questions of unethical
conduct by Attorney or City.
B. Attorney shall not collect or receive any payment or remuneration
from defendants assigned to Attorney under this Agreement for
services provided on the assigned cases.
C. Attorney shall maintain current case logs and disposition records.
D. Attorney shall not discriminate against any employee, or applicant "
for employment because of race, religion, color, gender, handicap,
or national origin.
E. Attorney shall permit the authorized representatives of City to
inspect and audit records of Attorney relating to her performance
under this contract within the confines of confidentiality.
21. NONASSIGNMENT: This is a personal service contract based on
the personal reputation, expertise, and qualifications of Attorney and Attorney''s
duties under this Agreement are therefore not assignable.
8
22. ENTIRE AGREEMENT: This -,.Agreement and any attachments
represent the entire agreement between City and Attorney and supersede all
prior negotiations, representations or agreements, 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 be considered enforceable contract provisions, and shall
supersede any inconsistent provisions of any previously negotiated agreement
and any applicable amendments thereto; provided, however, that any apparent
inconsistency shall be resolved, if possible, by construing the provisions as
mutually complementary and supplementary.
23. SEVERABILITY: City and Attorney 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 law, 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,
las reformed.
I
24. 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.
25. CONFLICTS OF INTEREST: This Agreement is subject to, and may
be terminated by City in accordance with, the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
signed by their duly authorized representatives as of the day and year first
above written.
ATTORNEY:
/erTeres onica Hunt
L
By:
9
CITY:
CITY OF APACHE JUNCTION,
an Arizona municipal corporation:
By: Aaron Douglas LaSota
Presiding Magistrate
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
10
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
Piz File ID: 24-499
Sponsor: Aaron LaSota Agenda Date: 6/17/2024
Index: In Control: City Council Work Session
Presentation and discussion of appointment of associate magistrates for on-call/as needed
service.
City of Apache Junction,Arizona Page 1 Printed on 611112024
PP pCHF✓�
lei*������
' Home of the Sui)erstition Mountains
Y;
gR1ZO Municipal Court
6/05/2024
To: Mayor Wilson, Vice-Mayor Schroeder and City Council Members
From: Hon. A. Douglas LaSota, Presiding Magistrate
Re: Request for Appointment of Associate Magistrates for on-call/as needed basis
As the court is growing and with the volume of incoming cases and the sizes of dockets,
the Court is in need of a pool of on-call/as needed Associate Magistrates. Some conflict
cases require an outside judge when the two current judges are not able to handle a
certain case. Additionally, I have been unable to take a vacation of more than a long
weekend since I started here in 2021 . When Judge LaSota or Judge McVey are out for
a vacation, there is the need for another judge as both courtrooms are in operation
every day of the week. The heaviest days of Tuesday and Wednesday require two
judges to handle the volume of cases.
We sent recruitments throughout Maricopa and Pinal Counties. We are proud to submit
the following 4 individuals for appointment, all of whom have experience as Pro Tern
Judges or as a full-time Municipal Court Magistrate (Lisa M. Johnson):
• Douglas Scott Campbell
• Lisa M. Johnson
• Michael Kielski
• Dai Trang (Liz) Nguyn
This is a diverse, experienced, and very professional group of individuals, all of whom
live in the East Valley and are not far from the courthouse. This also is an equal mix of
female and male attorneys. They would be paid $60 per hour. These fees are currently
budgeted for and often would be at a net zero cost (or savings), as covering for Judge
LaSota would reduce the end of year reimbursement of vacation pay Judge LaSota
would otherwise receive. Their resumes/CVs are attached, along with signed contracts.
We respectfully request their appointment to four-year terms starting 7/22/24.
--_76 /
Hon. A. Douglas LaSota
Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119
(480)982-8250
DOUGLAS SCOTT CAMPBELL
• Sianed Employment Agreement
• Resume/CV
DOUGLAS SCOTT CAMPBELL
2474 E. Ebony Drive
Chandler, AZ 85286
(480) 745-5677
Scott Campbell@Lawyer.com
EXPERIENCE
Scott Campbell, PLLC, Tempe, AZ, Attorney 2012 - 2023
Solo practitioner concentrated in criminal defense handling all phases of criminal
matters including trial.
Justice of the Peace Pro Tempore, Pinal County, AZ 2013 — present
Maricopa County, AZ 2018 - present
Judge in Justice Court hearing criminal and civil cases, motions, bench and jury
trials, evictions, protective orders.
Judge Pro Tempore,'City of Goodyear, AZ 2023-Present
City of Buckeye, AZ 2017 - 2020
Town of Florence, AZ 2014 - 2016
Judge in Municipal Court hearing criminal cases, motions, presiding at trials.
Marc J. Victor, P.C., Chandler, AZ, Attorney 2009 - 2012
Associate Attorney handling all phases of criminal matters including trial, intake,
coordination, and litigation of personal injury and other civil matters.
EDUCATION
Arizona State University, Tempe, AZ, J.D., May 2009
Winner, Jenckes Closing Argument Competition, 2006
Member, ATLA Traveling Mock Trial Team, 2006
Law Clerk, Marc J. Victor, P.C., May 2009-October 2009
Law Clerk, Franklin & Associates, May 2007-October 2007
Florida Atlantic University, Boca Raton, FL
B.B.A. in Management, Cum Laude, December 2004
�o cc�c�s scorTe��►PbEC.�
EMPLOYMENT AGREEMENT WITH FOR APACHE
JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES
THIS AGREEMENT is made as of the day of 20 (the
"Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City") and , ("Employee"), both of which may be
hereinafter referred to individually as a "Party" or collectively as the "Parties".
RECITALS
A. City desires to establish a rotation list of associate magistrates on an
as-needed basis for part-time municipal court judicial services and to make
payment for the same in accordance with the terms and conditions set forth in
this Agreement, including all attachments and addenda which are appended
hereto by mutual agreement of the Parties.
B. Judicial appointments are categorically exempt from the open market
recruitment/procurement procedures pursuant to Apache Junction City Code
("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2,
associate magistrates must be appointed by the mayor and city council.
C. The Parties have set forth below the contemplated services that will be
provided to the City and the payment terms for such services.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire
Employee to perform the functions and duties specified in the Apache Junction
City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on
a part-time, as-needed basis, and Employee agrees to perform the duties as
further detailed in Exhibit A.
2. TERM/RENEWAL:
A. This Agreement shall be effective from 20
through , 20 (the "Term") unless otherwise terminated as
set forth herein.
B. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of City to terminate the services of Employee as
provided by state law.
C. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time from employment
of City, subject only jo the provisions set forth in Section 3 of this
Agreement.
3. TERMINATION: In the event Employee voluntarily resigns his/her
position before expiration of the aforesaid Term, Employee shall provide City
written thirty (30) calendar day advance notice.
4. SALARY AND ANNUAL PERFORMANCE EVALUATION: City agrees
to pay Employee -for his/her part-time services rendered pursuant hereto at
hourly rate of $60 Dollars and .00 Cents ($60.00) but in no case shall Employee
work more than thirty (30) hour per week.
5. HOURS OF WORK,• VACATION: SICK LEAVE,• PERSONAL DAYS:
A. Hours Monday -Friday. Employee shall work on an as-needed
basis and shall be on a rotation list with other associate magistrates.
B: Weekend Hours. Employee will provide services as needed
on weekends as directed by the presiding magistrate.
C. Hours of Work. It is recognized that Employee may be
required to routinely work outside traditional business hours.
6. OTHER TERMS AND CONDITIONS:
A. City shall fix any such other terms and conditions of
'employment, as it may determine from time to time; relating to the
performance of Employee, provided such terms and conditions are not
inconsistent with or conflict with the provisions of this Agreement, the
Apache Junction City Code, Arizona Revised Statutes, or any other
statute, ordinance or regulation.
7. GENERAL PROVISIONS:
A. The text herein shall constitute the entire Agreement between
the Parties.
B. This Agreement shall be binding upon and inure to the benefit
of the�heirs at law and executors of Employee.
C. If any provisions or any portion hereof contained in this
Agreement is held to be unconstitutional, invalid or unenforceable, the
remainder of =this Agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
2
r
7. NOTICES: All notices required under this Agreement shall be in
writing and shall be sent by first class U.S. certified mail, postage, prepaid,
return receipt requested, addressed to the following Parties:
If to City: City of Apache Junction
Presiding,Magistratp
300'East'Superstition'Boulevard
Apache Junction, AZ 85119
If to Employee On file with Apache Junction
Municipal Court
8. ASSIGNMENT:,-•"-This'Agreement is ;not assignable,by•either...City or
Employee.
IN WITNESS WHEREOF, Employee and City have executed this Agreement
as of the date first set forth above.
EMPLOYEE:
[NAME]
By: jNAME1 6 s
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Aaron LaSota
Its: Presiding Magistrate
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
3
r •
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this S day
of JL&he- 2024, by --- ;Notary,P
ota Pu
My Commission Expires:
,acruggs
0-3 �'3 .aozi to. `�, -ARIZONA
o.62419
ires 0311312026
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of 2024, by Aaron LaSota, Presiding Magistrate of the City of
Apache Junction.
Notary Public
My Commission Expires:
i
EXHIBIT A
SCOPE OF WORK
Performs the work of an associate magistrate, presiding over misdemeanors,
civil traffic,cases and other legal proceedings filed with the court, in accordance
with published standards and requirements of the Arizona Supreme Court.
Responsible for applying relevant Supreme Court Rules, states statutes, city
ordinances, and case law when presiding over trials to the court, trials to a jury,
pre-trial conferences, arraignments, motions and other hearings.
Support the City's policies, goals and objectives and work with management and
other staff to ethically achieve such goals and objectives; ensure compliance
with safety procedures.
LISA M. JOHNSON
• Signed Employment Agreement
• Resume/CV
Lisa M. Johnson
10105 E. Via Linda 103-291, Scottsdale, AZ 85258, 480-201-6088, lmj3 l 14 a,outlook.com
Experience
6/2019 to present, Pro Tempore Judge, Mesa Municipal Court, Mesa, AL
Part time assignments to all divisions as needed: criminal,jury trials, civil traffic,
in custody court, and protective orders, including a general motion practice.
11/2014 to 6/2019, City Magistrate, Mesa Municipal Court, Mesa, AL
Presided over misdemeanor bench and jury trials. Presided over Rule 1 I courtroom.
Conducted protective order and civil traffic hearings. Presided over arraignments,pretrial
conferences, sentencings,restitution hearings and probation violation matters. Presided over in
custody court(jail court). Issued bench warrants with findings of probable cause. Ruled on
oral and written motions daily. Rendered written opinions on briefs, analyzing relevant
research. Coordinated heavy calendar of criminal cases.Trained new magistrates and pro
tempore judges. Used with proficiency all automated case management systems as a paperless
court: EDMS (document management), CMS (court management systems)and Excel (court
forms).
11/2007 to 11/2014, Pro Tempore Judge, Mesa Municipal Court, Mesa, AZ
Pull time assignment to a specialty division, Arraignment division. In addition to the
above judicial responsibilities, arraigned every criminal defendant cited within the city.
Conducted specialized Driving Under the Influence calendar, two mornings a week.
12/2008 to 12/2010, Pro Tempore Judge, Apache Junction Municipal Court, Apache Junction,
AZ
Presided over misdemeanor bench and jury trials. Conducted protective order and civil traffic
hearings. Presided over arraignments,pretrial conferences, sentencings,restitution hearings
and probation violation matters. Issued bench warrants after finding of probable cause. Ruled
on oral and written motions. Rendered opinions on briefs after analyzing relevant research.
10/1995 to 5/1999, Estate Planning Attorney, Baptist Foundation of Arizona, Phoenix, AZ-
Raised over 2 million dollars in charitable gifts. Facilitated completion of complicated
estate plans to reduce taxation. Researched legal issues and provided memoranda on
estate planning and taxation issues. Presented money management seminars and
continuing legal education seminars. Managed three staff members.
1
8/1992 to 10/1995,Deputy County Attorney, Maricopa County Attorney's Office,Mesa,
AZ
Conducted over fifteen felony jury trials, prosecuted domestic violence crimes as a lead
domestic violence.prosecutor. Specialized in Vehicular Crimes(DUI). Charged and
prosecuted felony crimes. Interviewed victims and witness for trial preparation.
Researched and wrote motions in.heavy pretrial motion..practice. Top Graduate Drug
Recognition Expert School (DRE). MCAO Special Recognition Award 1995 for nine
successful felony jury trial prosecutions within a ten month period. Prosecuted in Justice
Courts for preliminary hearings and civil traffic hearings. Presented criminal indictments
to the Grand Jury.
Education
5/1992,Juris Doctor, Cum Laude, Arizona State University College of Law,Tempe AZ
5/1989,Bachelor of Arts,University of Arizona,Tucson, AZ
Community
3/2021 to present, Mentor, The Lantern Network, Nashville, TN: a mentorship program
for underestimated college students.
9/2017to 6/2019, 'four Volunteer, i.d.e.a. Museum, Mesa, AZ: led tours for student
groups to the art museum.
8/2017 to 6/2019, Reviewer(editor), Arizona Talking Book Library,Library of Congress,
Phoenix, AZ: edited recorded works of Arizona Literature for the blind.
Specialized Training
2015/2009, Limited Jurisdiction New Judge Orientation and Training, Arizona Supreme
Court
2008, Civil Traffic Hearing Officer Training, Arizona Supreme Court
1995, Drug Recognition and Evaluation School,National Highway Traffic Safety
Administration
1995,Accident Reconstruction School, National Highway Traffic Safety Administration
1994, National Conference on Domestic Violence,National College of District Attorneys
2
EMPLOYMENT AGREEMENT WITH �-��� �''� • �O��s FOR APACHE
JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES
THIS AGREEMENT is made as of the day of 20_ (the
"Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City") and , ("Employee"), both of which may be
hereinafter referred to individually as a "Party" or collectively as the "Parties".
RECITALS
A. City desires to establish a rotation list of associate magistrates on an
as-needed basis for part-time municipal court judicial services and to make
payment for the same in accordance with the terms and conditions set forth in
this Agreement, including all attachments and addenda which are appended
hereto by mutual agreement of the Parties.
B. Judicial appointments are categorically exempt from the open market
recruitment/procurement procedures pursuant to Apache Junction City Code
("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2,
associate magistrates must be appointed by the mayor and city council.
C. The Parties have set forth below the contemplated services that will be
provided to the City and the payment terms for such services.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire
Employee to perform the functions and duties specified in the Apache Junction
City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on
a part-time, as-needed basis, and Employee agrees to perform the duties as
further detailed in Exhibit A.
2. TERM/RENEWAL:
A. This Agreement shall be effective from 20_
through , 20 (the "Term") unless otherwise terminated as
set forth herein.
B. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of City to terminate the services of Employee as
provided by state law.
C. Nothing ,in this Agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time from employment
of City, subject only to the provisions set forth in Section 3 of this
Agreement.
3. TERMINATION: In the event Employee voluntarily resigns his/her
position before expiration of the aforesaid Term, Employee shall provide City
written thirty (30) calendar day advance notice.
4. SALARY AND ANNUAL PERFORMANCE EVALUATION: City agrees
to pay Employee for his/her part-time services rendered pursuant hereto at
hourly rate of $60 Dollars and .00 Cents ($60.00) but in no case shall Employee
work more than thirty (30) hour per week.
5. HOURS OF WORK: VACATION,• SICK LEAVE,• PERSONAL DAYS:
A. Hours Monday- Friday. Employee shall work on an as-needed
basis and shall be on a rotation list with other associate magistrates.
B. Weekend Hours. Employee will provide services as needed
on weekends as directed by the presiding magistrate.
C. Hours of Work. It is recognized that Employee may be
required to routinely work outside traditional business hours.
6. OTHER TERMS AND CONDITIONS:
A. City shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not
inconsistent with or conflict with the provisions of this Agreement, the
Apache Junction City Code, Arizona Revised Statutes, or any other
statute, ordinance or regulation.
7. GENERAL PROVISIONS:
A. The text herein shall constitute the entire Agreement between
the Parties.
B. This Agreement shall be binding upon and inure to the benefit
of the heirs at law and executors of Employee.
C. If any provisions or any portion hereof contained in this
Agreement is held to be unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
2
7. NOTICES: All notices required under this Agreement shall be in
writing and shall be sent by first class U.S. certified mail, postage prepaid,
return receipt requested, addressed to the following Parties:
If to City: City of Apache Junction
Presiding Magistrate
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Employee: On file with Apache Junction
Municipal Court
8. ASSIGNMENT: This Agreement is not assignable by either City or
Employee.
IN WITNESS WHEREOF, Employee and City have executed this Agreement
as of the date first set forth above.
EMPLOYEE:
[NAME]
By: [NAME]
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Aaron LaSota
Its: Presiding Magistrate
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
3
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of 2024, by
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 Aaron LaSota, Presiding Magistrate of the City of
Apache Junction.
Notary Public
My Commission Expires:
EXHIBIT A
SCOPE OF WORK
Performs the work of an associate magistrate, presiding over misdemeanors,
civil traffic cases and other legal proceedings filed with the court, in accordance
with published standards and requirements of the Arizona Supreme Court.
Responsible for applying relevant Supreme Court Rules, states statutes, city
ordinances, and case law when presiding over trials to the court, trials to a jury,
pre-trial conferences, arraignments, motions and other hearings.
Support the City's policies, goals and objectives and work with management and
other staff to ethically achieve such goals and objectives; ensure compliance
with safety procedures.
MICHAEL KIEKSKY
• Sunned Employment Agreement
• Resume/CV
Michael Kielsky • 1127 W. 10'h Place, Mesa, AZ 85201 • 602.903.5123 • Michael(CDKielsky.com
OVERVIEW: Seasoned and successful computer science degreed attorney with over 17 years of corporate and IT
experience, plus over 17 years practical legal experience. In IT, consulted for known electronics, aerospace/defense,
finance, telecom, logistics businesses. Published cybersecurity author. Joins legal privilege with governance, process,
& compliance experience. Expertise negotiating, implementing performance contracts, resource allocation, tracking,
plan and execute delivery; innovative,creative, cost effective;solutions oriented. Linkedln:www.kielsky.com/Li
PROFESSIONAL EXPERIENCE
Judge Pro Tempore, Maricopa County, Phoenix,AZ,01/2014 to now
Justice Courts since 01-01-2014 & Superior Court since 07-01-2017; reappointed annually through 2024;
Superior Court Certified Arbitrator in Civil, Criminal, and Family law; On-Call-and Part-Time Commissioner since
2023; conduct evidentiary, motion,pre-trial,settlement hearings;enter orders,warrants,subpoenas.
Attorney, Kent Law,Tempe,Arizona,08/2023 to now
Represent clients and litigate in personal injury,wrongful death, and related matters,arbitration and trials.
Staff Counsel, Martinez, Dieterich&Zarcone/Fred Loya Insurance, Phoenix,Arizona,02/2023 to 06/2023
Represent clients for auto insurer in personal injury and related litigation,trials,arbitration, appeals.
Attorney,Zanes Law, Phoenix,Arizona,08/2022 to 01/2023
Represent clients and litigate in,personal injury,wrongful death,and related matters and trials.
Special Counsel, Davillier Law Group, Phoenix,Arizona,03/2022 to now
Litigate in complex civil and public interest law cases,trials&appeals,administrative and criminal law. Counsel
on technology& privacy laws. Draft, review, revise contracts, licenses,service&license contracts.
Attorney, Keystone Law Firm,Chandler,Arizona,01/2022 to 03/2022
Litigate in probate and related cases,trials&appeals,administrative and criminal law.
Attorney/Partner, Udall Shumway PLC, Mesa,Arizona,03/2016 to 01/2022
Litigate in legal, contract, business, and personal cases, trials & appeals, civil, administrative, regulatory, and
criminal law. Counsel on technology & privacy laws. Draft, review, revise contracts, memoranda, policies,
procedures, NDAs,work orders, licenses, releases,technology services, licensing,&consulting agreements.
CTO, General Counsel, Polydata One LLC, Phoenix,AZ, 11/2005 to 12/2017
Create, negotiate contracts, MOUs, policies, procedures, NDAs, licenses, releases, IT services, licensing,
consulting agreements. Responsible for services,support, development, implementation &maintenance.
Attorney/Partner, Kielsky Rike PLLC, Tempe,Arizona, 0612009 to 0312016
Represent clients in legal, contract, and business matters,including litigation and appeals.
Consultant&Attorney at Law, Solo Practice,Phoenix,Arizona,09/2006 to 05/2009
Represent, consult, and counsel clients in legal, contract, and business matters; regulatory compliance,
executive accountability,confidential data protection,digital evidence,e-discovery, litigation support tech.
Consultant, FlyPaper.net, Phoenix,AZ,02/2008 to 08/2008
Consulting on development and production infrastructure.
Director, Arrange.com,Scottsdale,AZ,04/2005 to 10/2005
Provide clients offshore development,testing, maintenance. Negotiate multi-lateral agreements.
Engineering Manager, Go Daddy Software,Scottsdale,AZ,09/2004 to 02/2005
Responsible for hosting environment, Advanced Support Team of 16 admins and technical reps supporting
280,000 customers, hundreds of servers. Maintain tracking, metrics, &problem reporting system.
Technology Consultant, Rural/Metro,Scottsdale,AZ,06/2004 to 09/2004
Manage business assessment, plan recommended process improvements to increase efficiency and quality.
Business Consultant,Catholic Healthcare West, Phoenix,AZ,03/2004 to 05/2004
Develop new enterprise user provisioning process.
Sr. Business Analyst, DHL Express,Scottsdale,AZ, 03/2003 to 08/2003
Assess data center change management,implement process;represent US at global data center conference.
Technology Consultant,Aerial Communications,Chicago, IL,02/1999 to 08/1999
Technology Consultant, First American,San Diego, CA,03/1998 to 11/1998
Technology Consultant,Compaq Computer Corp., Houston,TX,07/1997 to 03/1998
Technology Consultant,GSCC, New York,NY,06/1997 to 07/1997
Technology Consultant Motorola,Chandler,AZ, 11/1995 to 05/1997
Manage staff, engineers, test teams; remediation, build automation, source code control, configuration
management, integration, change management, deployment management, process evangelist.
Vice President,Republic National Bank, New York, NY,02/1995 to 11/1995
Manage engineers in spec, design, coding, and implementation of cross-platform international infrastructure
project. Responsible for retention, promotion and management,accountable directly to C-level.
Sr. Engineer, Materials Research Corp., Phoenix,AZ,04/1993 to 02/1995
Develop distributed process control systems; direct engineers, design, development, implementation, test,
release;develop equipment and configuration control systems;global customer support.
Programmer/Analyst AZ Public Service Co., Phoenix,AZ,01/1992 to 04/1993
Implement multi-platform e-mail,data interchange.Write strategy papers, product evaluations.Supervise.
Technology Consultant, Intel,Chandler,AZ,06/1990 to 01/1992
Create real-time equipment controllers for process control and data collection. Assess user requirements,
operator needs,evaluated equipment,and interfaces, communicate with vendors; draft documentation.
Technology Consultant, Honeywell, Phoenix,AZ,03/1989 to 06/1990
Develop unit tests for flight management system for certification. Manage verification and validation, interface
with international customer,generate detailed designs for certification, manage problem reports.
Technology Consultant; McDonnell Douglas, Mesa,AZ, 11/1988 to 02/1989
Develop real-time modules for Apache Helicopter trainer, integrate product systems, create build/test
procedures, create documentation,train engineers on tools,document process, performance tune systems.
Senior Software Engineer,TAG Software,Glendale,AZ,4/1987 to 11/1988
Design and code real-time controls for industrial automation. Customer support, manage software projects,
create and maintain extensive user documentation,write CIM applications.System/network manager.
IT ACCOMPLISHMENTS
• Created advanced customer support team focused on quick resolution, root-cause analysis, continuous
improvement—improved customer satisfaction by 55%.
• Responsible for implementing and supporting the CM process for a global data center.
• Following complete assessment, developed and implemented phased process improvements to reduce costs,
increase efficiency,and improved quality.
• Led remediation project completed months ahead of schedule.
• Created innovative software configuration and build system, reduced cycle times from weeks to hours,
resulting in accelerated development, reduced rework, lower costs.
• Led team from design to successful implementation of key strategic IT infrastructure, completing this
international financial system project on time, and under budget.
EDUCATION
Thomas Jefferson School of Law, San Diego,California;Juris Doctor,summa cum laude,2001
Graduated First in Class, Law Review, Distinguished Honor Roll or Honor Roll every semester; 12 Top Grade
Awards; Externship,Justice Benke, California Court of Appeal,San Diego,California,Spring 2001
Arizona State University,Tempe,Arizona;graduate degree studies in Computer Engineering& Business, 1984-90
Grand Canyon University,Phoenix,Arizona;Bachelor of Science in Computer Science, 1984
COURT&BAR ADMISSIONS
State Bar of Arizona 2006 (#021864); State Bar of California 2006 (#242134); U.S.D.C. Arizona 2007; Ninth Circuit
Court of Appeals 2019;Salt River Pima Indian Community Court 2019; U.S.D.C.California CD 2021
PROFESSIONAL MEMBERSHIPS&COMMUNITY LEADERSHIP
Avondale Judicial Advisory Board—appointed 4-22-2019, reappointed 9-21-2021,term ends 6-30-2025
Glendale Judicial Selection Advisory Board—1-22-2019 until 9-22-2020
East Valley Bar Association—President 2016-now &2011-2012;Vice President 2013-2015
Maricopa County Bar Association—I.P.P.2023; Pres.2022; Pres-Elect 2021;Treas. 2020;Sec. 2019; Board 2012-23
Community Legal Services—VP 2020-2022,Treas.2019, Exec.Committee 2018-2022; Board Member 2016-2022
State Bar of Arizona:Certified CLE Presenter—2016;Committee Member,Technology Committee—2012-2015
SKILLS SUMMARY
- Expertise in wide range of applications,various systems, networks,environments, programming languages
- Project Management, Change Management,Staff Management, Development,Ops,Cyber Security
- Author, "Security and Access Control', Information Age(UK)v10n4 pp. 203-210,Oct. 1988
EMPLOYMENT AGREEMENT WITH �' G u AEL FOR
y
R APACHE
JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES
THIS AGREEMENT is made as of the day of 20_ (the
"Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City").and , ("Employee"),,both of which may be
hereinafter referred to individually as a "Party" or collectively as the "Parties".
RECITALS
A. City desires to establish a rotation list of associate magistrates on an
as-needed basis for part-time municipal court judicial services and to make
payment for the same in accordance with the terms and conditions set forth in
this Agreement, including all attachments and addenda which are appended
hereto by mutual agreement of the Parties.
B. Judicial appointments are categorically exempt from the open market
recruitment/procurement procedures pursuant to Apache Junction City Code
("A.J.C.C.") Vol. 1, § 3-7-7(A), however, ,pursuant to A.J.C.C., Vol I, § 5-1-2,
associate magistrates must be appointed by the mayor and city council.
C. The Parties have set forth below the contemplated services that will be
provided to the City and the payment terms for such services.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire
Employee to perform the functions and duties specified in the Apache Junction
City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on
it part-time, as-needed basis, and Employee agrees to perform the duties as
further detailed in Exhibit A.
2. TERM/RENEWAL:
A. This Agreement shall be effective from 20_
through , 20 (the "Term") unless otherwise terminated as
setforth herein.
B. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of City to terminate the services of Employee as
provided by state law.
C. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time from employment
of City, subject only to the provisions set forth in Section 3 of this
Agreement.
3. TERMINATION: In the event Employee voluntarily resigns his/her
position before expiration of the aforesaid Term, Employee shall provide City
written thirty (30) calendar day advance notice.
4. SALARY AND ANNUAL PERFORMANCE EVALUATION: City agrees
to pay Employee for his/her part-time services rendered pursuant hereto at
hourly rate of $60 Dollars and .00 Cents ($60.00) but in no case shall Employee
work more than thirty (30) hour per week.
5. HOURS OF WORK; VACATION; SICK LEAVE,• PERSONAL DAYS:
A. Hours Monday - Friday. Employee shall work on an as-needed
basis and shall be on a rotation list with other associate magistrates.
B. Weekend Hours. Employee will provide services as needed
on weekends as directed by the presiding magistrate.
C. Hours of Work. It is recognized that Employee may be
required to routinely work outside traditional business hours.
6. OTHER TERMS AND CONDITIONS:
A. City shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not
inconsistent with or conflict with the provisions of this Agreement, the
Apache Junction City Code, Arizona Revised Statutes, or any other
statute, ordinance or regulation.
7. GENERAL PROVISIONS:
A. The text herein shall constitute the entire Agreement between
the Parties.
B. This Agreement shall be binding upon and inure to the benefit
of the heirs at law and executors of Employee.
C. If any provisions or any portion hereof contained in this
Agreement is held to be unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
2
7. NOTICES: All notices required under this Agreement shall be in
writing and shall be sent by first class U.S, certified mail, postage prepaid,
return receipt requested, addressed to the following Parties:
If to City: City of Apache Junction
Presiding Magistrate
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Employee: On file with Apache Junction
Municipal Court
8. ASSIGNMENT:.,,This Agree ment'is:-riot assignable by either City or
Employee. �.
IN WITNESS WHEREOF,Employee and-City have executed this Agreement
as of the date first set forth above.
EMPLOYEE:
[NAME]
i
l
By: (NAME]
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Aaron LaSota
Its: Presiding Magistrate
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
3
STATE OF ARIZONA }
) ss.
COUNTY OF PINAL )
The foregoing'was subscribed and sworn to before me this -J day
of ae_ 2024, by A41*,fh ael
ar Pu I
My Commission Expires:
•� �; :Notary
Donna F. 'cruggs
0�'43�6�� �r ` Public NA
FINAL COUNTY
mission No.624193
''-'`` Mmission Expires 03/1312026
STATE OF ARIZONA )
) ss.
COUNTY OF'PINAL }
The foregoing was subscribed and sworn to before me this day
of 2024, by Aaron LaSota, Presiding Magistrate of the City of
Apache Junction.
Notary Public
My Commission Expires:
EXHIBIT A
SCOPE OF WORK
Performs the work of an associate magistrate, presiding over misdemeanors,
civil traffic cases and other legal proceedings filed with the court, in accordance
with published standards and requirements of the Arizona Supreme Court.
Responsible for applying relevant Supreme Court Rules, states statutes, city
ordinances, and case law when presiding over trials to the court, trials to a jury,
pre-trial conferences, arraignments, motions and other hearings.
Support the City's policies, goals and objectives and work with management and
other staff to ethically achieve such goals and objectives; ensure compliance
with,safety procedures.
DAI TRANG (LIZ) NGUYEN
• Signed Employment Agreement
• Resume/CV
DAI TRANG (LI7) NGUYEN
531 East Thomas Road, Suite 200,Phoenix,Arizona 85012
TEL(602)910-0519 liz@giuntalaw.com
PROFESSIONAL EX1'E1ZIT,,NCF,
Attorney June 2013—present
LAW OFFICE OF MARK J. GIUNTA, Phoenix, Arizona
Represent debtors and creditors in Chapter 7, 11 and 13 bankruptcy litigation, including claims
Iitigation,litigation related to contested Chapter 1 I plan confirmation,motions to appoint Chapter
11 trustee/convert,dismiss,and non-dischargeability actions;manage case strategy and discovery,
including drafting interrogatories and requests for production,and defending depositions and 2004
examinations; draft,propose,and successfully achieve confirmation of Chapter 11 and 13 plans;
first-chaired trials; and represent clients in bankruptcy appeals before the district court and Ninth
Circuit Court of Appeals.
I,aw Clerk Sept.2010—May2013
LAW OFFICE OF MARK J. GIUNTA, Phoenix, Arizona
Legal Assistant/Law Clerk May 2007—Dec.2010
PENA LAW FIRM, PLLC, Phoenix,Arizona
PROFESSIONAL RECOGNITIONS&AWARDS
American Bankruptcy Institute, 40 Under Forty,2023.
National Conference of Bankruptcy Judges Next Generation Participant, 2023.
National Conference of Bankruptcy Judges Blackshear Presidential Fellow, 2022.
Best Lawyers, Ones to Watch, 2021-2023.
Super Lawyers, Rising Star,2019-2023.
United States Bankruptcy Court, District of Arizona, Pro Bono Honor Roll, 2020-2023.
PROFESSIONAL A1,1,7LIA1'I0NS
Arizona Asian American Bar Association, Vice President (2024-25) May 2014—present
Arizona Bankruptcy American Inn of Court, President (2023-24) May 2014—present
State Bar of Arizona, Bankruptcy Section Member June 2013—present
National Asian Pacific American Bar Association, Member May 2014—present
Co-Chair of Bankruptcy & Restructuring Committee Jan.2024 - present
COMMUNITY L'VVOL DEMENT
Community Legal Services, Volunteer Lawyers Program June 2013—present
Ninth Circuit Bankruptcy Lawyer Representative Oct. 2021 —present
Maricopa County Justice Court, Judge Pro Tempore Jan. 2022—present
Maricopa County Superior Court, Judge Pro Tempore June 2020—Dec.2022
Our Lady of Mt. Carmel Home & School Board Member Aug.2019—May2022
CLE PRESENTATIONS AND SPLAKING ENGAGEMENTS
National Conference of Bankruptcy Judges,Behind the Bench: Hot live in Sub V(May 2024).
Conference of Chief Bankruptcy Judges, Clerks&Bankruptcy Lawyer Representatives,Bifurcation and
Factoring of Attorneys'Fees: Pros, Cons, Concerns, and Approaches (Mar. 2024).
State Bar of Arizona,Subchapter V Bankruptcies(Aug. 2023).
District of Arizona Annual Conference,Hot Topics:Subchapter V Debtor Qualifications&the Mortgage
Modification Mediation Program (May 2023).
Arizona Bankruptcy American Inn of Court, Consumer Non-Dischargeability Issues(Jan. 2023).
Conference of Chief Bankruptcy Judges,Clerks and Bankruptcy Representatives,Bartenwerfer/Vicarious
Liability(Nov. 2022).
Arizona Bankruptcy American Inn of Court, Subchapter V in Practice: Lessons Learned and Critical
Insights from Veterans in the field(May 2022).
State Bar of Arizona Annual Conference,Advancing Social Justice—Bankruptcy in 2021,Consumer Case
Law Update Panel (June 2021).
Arizona Bankruptcy American Inn of Court, A Homage to Justice Ruth Bader Ginsburg's Bankruptcy
Opinions (In Two Acts) (Feb. 2021).
Arizona State University, Sandra Day O' Connor School of Law, Bankruptcy Diversity Program (Sept.
2018).
Arizona Bankruptcy American Inn of Court,Live with Liz and Khaled:Discovery Disputes(Oct. 2017).
Arizona Bankruptcy American Inn of Court, The Non-Dischargeability of Student Loan Debt- Crisis or
Crying 'wolf(Oct. 2016).
Arizona Bankruptcy American Inn of Court, .Exemptions and Exemption Planning(Oct. 2015).
State Bar of Arizona Annual Conference, Where I-Iave All the Bankruptcies Gone?Practicing in Today's
World - Ethics Panel (June 2015).
Arizona Bankruptcy American Inn of Court,Judicial Ethics for Attorneys(Feb. 2015).
ED UCATIOAr
.Iuris Doctor
PHOENIX SCHOOL OF LAW—Phoenix, Arizona
Bachelor of Arts in English Literature
ARIZONA STATI:UNIVERSITY—MAIN CAMPUS, 'Tempe, Arizona
pfl� r(ZA�Jd- (,Zrz) r,2 err Lt YJ9Q
EMPLOYMENT AGREEMENT WITH FOR APACHE
JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES
THIS AGREEMENT is made as of the day of 20 (the
"Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City") and , ("Employee"), both of which may be
hereinafter referred to individually as a "Party" or collectively as the "Parties".
RECITALS
A. City desires to establish a rotation list of associate magistrates on an
as-needed basis for part-time municipal court judicial services and to make
payment for the same in accordance with the terms and conditions set forth in
this Agreement, including all attachments and addenda which are appended
hereto by mutual agreement of the Parties.
B. Judicial appointments are categorically exempt from the open market
recruitment/procurement procedures pursuant to Apache Junction City Code
("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol 1, § 5-1-2,
associate magistrates must be appointed by the mayor and city council.
C. The Parties have set forth below the contemplated services that will be
provided to the City and the payment terms for such services.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged,
the Parties agree as follows:
1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire
Employee to perform the functions and duties specified in the Apache Junction
City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on
a part-time, as-needed basis, and Employee agrees to perform the duties as
further detailed in Exhibit A.
2. TERM/RENEWAL:
A. This Agreement shall be effective from _ 20_
through , 20 (the "Term") unless otherwise terminated as
set forth herein.
B. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of City to terminate the services of Employee as
provided by state law.
3
C. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of Employee to resign at any time from employment
of City, subject only to the provisions set forth in Section 3 of this
Agreement.
3. TERMINATION: In the event Employee voluntarily resigns his/her
position before expiration of the aforesaid Term, Employee shall provide City
written thirty (30) calendar day advance notice.
4. SALARY AND ANNUAL PERFORMANCE EVALUATION: City agrees
to pay Employee for his/her part-time services rendered pursuant hereto at
hourly rate of $60 Dollars and .00 Cents ($60.00) but in no case shall Employee
work more than thirty (30) hour per week.
5. HOURS OF WORK: VACATION: SICK LEAVE; PERSONAL DAYS:
A. Hours Monday - Friday. Employee shall work on an as-needed
basis and shall be on a rotation list with other associate magistrates.
B. Weekend Hours. Employee will provide services as needed
on weekends as directed by the presiding magistrate.
C. Hours of Work. It is recognized that Employee may be
required to routinely work outside traditional business hours.
6. OTHER TERMS AND CONDITIONS:
A. City shall fix any such other terms and conditions of
employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not
inconsistent with or conflict with the provisions of this Agreement, the
Apache Junction City Code, Arizona Revised Statutes, or any other
statute, ordinance or regulation.
7. GENERAL PROVISIONS:
A. The text herein shall constitute the entire Agreement between
the Parties.
B. This Agreement shall be binding upon and inure to the benefit
of the heirs at law and executors of Employee.
C. If any provisions or any portion hereof contained in this
Agreement is held to be unconstitutional, invalid or unenforceable, the
remainder of this Agreement, or portion thereof, shall be deemed
severable, shall not be affected, and shall remain in full force and effect.
2
7. NOTICES: All notices required under this Agreement shall be in
writing and shall be sent by first class U.S. certified mail, postage prepaid,
return receipt requested, addressed to the following Parties:
If to City: City of Apache Junction
Presiding Magistrate
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to Employee: On file with Apache Junction
Municipal Court
8. ASSIGNMENT: This Agreement is not assignable by either City or
Employee.
IN WITNESS WHEREOF, Employee and City have executed this Agreement
as of the date first set forth above.
EMPLOYEE:
r IN ME]
�WY:-[ El pp�7� -r��►�rJc, N�-Lu
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Aaron LaSota
Its: Presiding Magistrate
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
3
r_ ry
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of tits 2024, by
Notary Public
My Commission Expires:
2 U Z •,, Heather M Knoblauch
Notary Public-ARIZONA
E PINAL COUNTY
'•' = Commission No.610909
' = ' My Comrrission Expires 07112/2025
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day
of 2024, by Aaron LaSota, Presiding Magistrate of the City of
Apache Junction.
Notary Public
My Commission Expires:
EXHIBIT A
SCOPE OF WORK
Performs the work of an associate magistrate, presiding over misdemeanors,
civil traffic cases and other legal proceedings filed with the court, in accordance
with published standards and requirements of the Arizona Supreme Court.
Responsible for applying relevant Supreme Court Rules, states statutes, city
ordinances, and case law when presiding over trials to the court, trials to a jury,
pre-trial conferences, arraignments, motions and other hearings.
Support the City's policies, goals and objectives and work with management and
other staff to ethically achieve such goals and objectives; ensure compliance
with safety procedures.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
� 0 Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
Piz File ID: 24-502
Sponsor: Aaron LaSota Agenda Date: 6/17/2024
Index: In Control: City Council Work Session
Presentation and discussion of proposed amendments to City Code Article 4-8-1 Municipal
Court Fee Schedule.
City of Apache Junction,Arizona Page 1 Printed on 611112024
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6/05/2024
To: Mayor Wilson, Vice-Mayor Schroeder and City Council Members
From: Hon. A. Douglas LaSota, Presiding Magistrate
Re: Request for Amendments to City Code 4-8-1
We have 2 requests for amendment to City Code 4-8-1. The request is to amend
subsections D (Administrative fee for court appointed counsel) and H (court deferred
prosecution/diversion fee).
For 4-8-1 (D), public defender fees have been limited by City Code to $125 per
Defendant (regardless of the number of cases for the same defendant). This fee is
years old and many courts these days have increased the fees. Our proposal tracks
Pima County Justice Courts. We will have a chart which determines fees based on
income and the number of family members. Our request is to amend the City Code to
make it a range of$275 to $375. Defendants would have time to pay and are allowed to
do community service to pay their assessed fee. The court still has discretion under
subsection (1) to waive all or part of this fee based on indigence, financial hardship and
the interests of justice).
This would bring in additional revenues to help pay for the contracts of the court
appointed attorneys and the contract attorney.
The request to amend subsection (H) is kind of a housekeeping/corrective measure. For
years, the $50 diversion fee has only been imposed on each case- not "each criminal
charge for each criminal case". Defendants doing diversion should not be treated
differently based on how many charges are given to them by the police or prosecutor.
This change treats everyone the same and confirms the current and long-standing
actual practice at the court. Attached is a copy of the City Code with the proposed
attachments. There would be no cost to the city for this change.
aka "''
Hon. A. Douglas LaSota
Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119
(480)982-8250
ARTICLE 4-8: MUNICIPAL COURT FEE SCHEDULE
Section
4-8-1 Municipal Court fee schedule
§ 4-8-1 MUNICIPAL COURT FEE SCHEDULE.
(A) Payment of costs of confinement. Any person who is convicted of a misdemeanor criminal
offense in the Municipal Court and who, as a consequence, is incarcerated in the Pinal or Maricopa
County jail or the city jail, or other city or county jail system, may as part of any sentence imposed, be
required to reimburse the City of Apache Junction for its expenses incurred for such confinement. The
cost shall take into account the announced billing practices of the Pinal or Maricopa County Sheriff or
other applicable authority as they are amended from time to time.
(8) Administrative fee for warrants for failure to comply. When the Municipal Court issues a warrant
for failure to pay a fine, restitution or any monetary obligation, or for failure to comply with a term or
condition of sentence, an administrative fee of$75 shall be imposed upon the person for whom the
warrant is issued. This fee shall be added to the amount set forth in the warrant.
(C) Administrative fee for default judgments on civil traffic violation cases. The Municipal Court
shall assess the defendant a default fee of$50 for each default judgment entered in a civil traffic
violation case upon a failure to appear or failure to pay a civil sanction, unless the default judgment is
set aside under the Rules of Procedure for Traffic Violations.
4;4 Administrative fee for court appointed counsel. The Judge has the authority to make a
reasonable determination on all cases and set a reasonable fee for the appointment of defense counsel
which will be based on a defendant's financial ability. Based on a defendant's financial ability, a Judge
shall assess a defendant an administrative fee between the range of$275 to $375. The judge liar, the
(E) Municipal Court Enhancement Fund.
(1) There is hereby created a Municipal Court Enhancement Fund, which shall be used
exclusively to improve technological, operational and security capabilities of the Municipal Court.
(2) The Municipal Court Enhancement Fund shall be assessed in the base amount of$20, which
shall be applied by the Municipal Court on each civil and criminal charge where a fine, sanction,
penalty or assessment is imposed by the court. Any surcharge, fee, assessment other sum required
to be charged by state law or Arizona Supreme Court Rule as an addition to the base amount of$20
shall be imposed by the court.
(3) The Court Enhancement Fund shall be designated as a fund account. The City Finance
Director or his or her designee, shall invest the monies in the fund in the same manner as general city
funds. Interests earned on fund monies shall be deposited in the fund.
(4) The Municipal Court shall administer the fund and may make expenditures from the fund for
the purposes approved in this section.
(F) Collection fees and charges. For restitution, fines, sanctions, surcharges, assessments,
penalties, bonds, costs and fees that are forwarded to a collection agency for collection, the Municipal
Court shall assess the defendant a collection fee and charge in the amount of any fees or charges
assessed by the collection agency which is licensed under state law or authorized to pursue collection
activities in the Supreme Court of Arizona.
(G) Copying, certification,filing and other miscellaneous collection fees.
(1) The Municipal Court is authorized to collect all court-related fees and costs imposed by or
created by other ordinances, laws and statutes, such as, but not limited to, copying, certification, City
Clerk research, payment history report, notary services and check returns.
(2) Charges shall be assessed pursuant to applicable amount at the time of the service.
(H) Court deferred prosecution/diversion fee. A deferred prosecution fee/diversion fee in the
amount of$50 shall be imposed on each r-rimip^' r-" ;F^e feF eaeh criminal case which the court defers
or diverts prosecution thereon.
(i) Authority to waive fees and costs. A magistrate may waive all or any part of any fee or cost
provided for or created by this article, giving consideration to an individual's indigence or financial
hardship and the interests of justice.
(l) Prosecution assessment recovery fee. A prosecution assessment recovery fee in the amount of
$86 shall be imposed on each criminal case and shall be applied by the Municipal Court on all criminal
cases that are prosecuted by the City Attorney's office.
(K) Probation fees.
(1) Any person accepting probation and ordered to be screened for probation qualification shall
pay the cost of such screening which, if done by the Apache Junction Municipal Court probation
monitor, shall be a fee assessed under A.R.S. §13-914(F)(3).
(2) The Municipal Court shall assess each defendant placed on court-monitored probation, a
monitoring fee of$50 a month and shall assess defendants ordered to complete education, treatment
and/or counseling a verification fee of$50.
(3) Any person, after accepting the terms of probation, who fails to appear at the time and place
set by the probation officer for an appointment with a probation officer shall be assessed a missed
appointment fee in the amount of$15.
(4) A separate collection account will be established by the City Finance Department to accrue
fees paid under this section.
CITY COUNCIL MEETING ROLL CALL Date:
III-
a
Work Study Regular Special
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CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu
MAYOR WILSON ✓ ✓ ✓
VICE MAYOR SCHROEDER ✓ Vol,
COUNCILMEMBER CROSS ✓ ✓ 1�
COUNCILMEMBER HECK ✓ V l/
COUNCILMEMBER JOHNSON toe Vol,
COUNCILMEMBER NESSER ✓ ✓ I/
COUNCILMEMBER SOLLER Vol
TOTAL
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell / V V
Assistant City Manager Matt Busby %/ ll� ✓
City Clerk Jennifer Pena ✓
City Attorney Joel Stern
Information Technology Director
Doug Wirthgen
Public Information Officer Kayla Fulmer
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff Vor
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
Municipal Judge A. Doug LaSota �/ ✓
OTHERS:
Deputy City Clerk Evie McKinney Vol,
Planning Manager Sidney Urias
Building&Safety Mgr. , Adrian Alegria
Senior Planner Kelsey Schattnik
Planner Erica Hernandez
Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
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