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HomeMy WebLinkAbout2014 08.19 City Council Regular Agenda 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 Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,August 19,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 14-388 Acceptance of agenda. Consideration and action. Sponsors. Kathy Connelly 2. 14-389 Approval of minutes of regular meeting of August 5, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin.080514 August 5,2014 minutes 3. 14-358 Consideration of the procurement of fleet equipment for the current budget year. Equipment will consist of a replacement Case 570N XT Tractor Gannon and new additional Case 580SN Loader/Backhoe, both for the Parks Division within the Parks & Recreation Department. Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract T-622(5)for a total not to exceed $177,741.32. Consideration and action. Sponsors: Shane Kiesow City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda August 19,2014 4. 14-359 Consideration of the procurement of vehicle equipment for the current budget year for Parks & Recreation, Police and Public Works departments. The vehicle for the Parks & Recreation Department would be a replacement Ford F-150 for the Park Ranger Division. Vehicles for the Police Department would consist of two new replacement Ford Pursuit Sedans for the Patrol Division and a Ford Fusion and Ford Escape as replacements for the Crime Investigations Division. Vehicles for the Public Works Department would consist of a Ford F-350 and Ford F-250 serving as both replacements for the Streets Division. Staff requests authorization to purchase the vehicles through Chapman Ford on the cooperative Arizona State Contract ADSP012-016665 for a total not to exceed $146,441.35. Consideration and action. Sponsors: Shane Kiesow 5. 14-365 Professional services agreement with East Valley Adult Resources, Inc. for mileage reimbursement incentive program (Ride Choice) in an amount not to exceed $26,432.00. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 ride choice ws and ca 2014 ride choice agreement 6. 14-394 Reappointment of board members to the Superstition Mountains Community Facilities District (SMCFD). Kathleen Waldron and Jeff Struble have expressed interest in renewing their positions on the SMCFD. Consideration and action. Sponsors: Kathy Connelly 7. 14-395 Consideration of approval of the grantor agreement between the Arizona Department of Economic Security and the City of Apache Junction for vending services at the Library and Public Works. Consideration and action. Sponsors: Heather Hodgman Attachments: DES Agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda August 19,2014 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8. 14-334 City manager's report. Presentation. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 9. 14-398 Presentation and discussion on proposed Resolution No. 14-34, declaring that portions of public roadway easements located on Seventh Avenue from Wickiup Road to Chaparral Road, and described in extinguishment case EX-14-34, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: Res 14-34 Council Memo.pdf Res 14-34 Combined.pdf Resolution No. 14-34 I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda August 19,2014 10. 14-329 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, September 1, 2014 is canceled due to the observation of Labor Day. Sponsors: Bryant Powell 11. 14-330 Executive Session at 5:45 P.M. and a Work Session at 7:00 P.M. for Tuesday, September 2, 2014. Other meetings if necessary. Sponsors: Bryant Powell M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information 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. If any person with a disability needs any type of accommodation, please notify Human Resources at(480) 474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 4 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-388 Sponsor: Kathy Connelly Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-389 Sponsor: Kathy Connelly Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of August 5, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING AUGUST 5, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 5, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Attorney Joel Stern Public Safety Director Tom Kelly Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: Deputy City Clerk Jan Mason REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) FOR ECONOMIC DEVELOPMENT SERVICES IN AN AMOUNT NOT TO EXCEED $21, 600 . 00 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY' S REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS; AND THAT THE APPOINTMENT OF LAWRENCE KIRCH TO THE POSITION OF DEVELOPMENT SERVICES DIRECTOR BE RATIFIED. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried. Councilmember Waldron requested Councilmember Serdy give the council a report on what is going on with GPEC after he attends the next board meeting. Councilmember Serdy commented he would. He asked if he should do that during the announcements or during the city manager' s report. Assistant City Manager Bryant Powell stated he could do it during the announcements . ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker commented school began today and children in the community need school supplies . She requested any donated items be given to any of the schools . Councilmember Evans commented the Superstition Mountain Soccer Club is a 10-month long soccer program for kids . They need some coaches, assistant and full-time. They can contact her or go on their website . REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 2 OF 10 Councilmember Evans announced there will be a holistic living seminar at Dolce Vita on August 23, 2014 . She gave the website to check out the information and advised it is an all day seminar. Mayor Insalaco commented on Proposition 202 and the tribes signing a pact that they would each have no more than 3 casinos on their sovereign land. One tribe is trying to break that rule and he was invited by the Gila River, Salt River and Yavapai Communities to speak in Washington, D.C. at a senate meeting to request that tribe follow the rules . If the law is broken, it could open the gate to having casinos everywhere. AWARDS, PRESENTATIONS AND PROCLAMATIONS City of Mesa Deputy City Manager Kari Kent, President of the Arizona City/County Management Association presented Assistant City Manager Bryant Powell with a certificate and pin recognizing his completion of the credential manager program from the International City/County Management Association. He has received his designation of credentialed manager by the executive board of the International City/County Management Association, one of only 30 active city/town/county managers that have received this designation in Arizona. There are only 1, 300 worldwide. She gave a brief presentation on what has to be completed for this designation and what must be done in the future to retain the designation. Assistant to the City Manager Matt Busby commented he is the first manager in the history of Apache Junction to receive this designation. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented Pinal County Attorney Lando Voyles will give a presentation tonight followed by a presentation by Darron and Kathleen Waldron of the sewer district. Pinal County Attorney Lando Voyles gave a presentation on the vertical assignments for the office and his new domestic violence investigation protocol which includes identifying REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 3 OF 10 evidence of strangulation in domestic violence and a family advocacy center in San Tan Valley. Councilmember Rizzi asked what OCI stands for. Pinal County Attorney Lando Voyles stated it is OCWI and it stands for the Office of Child Welfare Investigators . The office was created when Governor Brewer realized that Child Protective Services was having some issues . They actually uncovered a bigger mess than what was originally expected. Vice Mayor Barker asked how his domestic violence protocol meshes with Maricopa County' s domestic violence protocol . She asked if they are the same or different. Pinal County Attorney Lando Voyles stated they are almost identical . Vice Mayor Barker commented the reason she is asking is because the domestic violence protocol in Maricopa County includes all members of Maricopa Alliance of Governments, and Pinal County is now a member of Maricopa Alliance of Governments . Pinal County Attorney Lando Voyles stated they have actually recently recreated the protocols for the family advocacy center. They expect to have their accreditation on August 20 from Huntsville, Alabama from the National Childrens Alliance. They will be coming out to review their protocols and make sure they are up to par. They have used several different police chiefs, including Chief Kelly, in creating these protocols . They have reached out to Yavapai County and copied a lot of their protocols along with some from Maricopa County. They have some of the most cutting edge protocols as they have incorporated the Office of Child Welfare Investigators protocols and no other protocols in the state have incorporated those as of yet as they are such a new agency. Councilmember Evans asked if the advocacy center will be a place where someone can just walk in that is having a problem or do they have to be referred from the police to there. Pinal County Attorney Lando Voyles stated if they want to come directly to the facility, they will have law enforcement REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 4 OF 10 agencies there 24/7 . It will almost be treated like a 9-1-1 call . If they wanted to come there and do a direct report, they would start the case then. Councilmember Evans asked if they could just refer people to immediately go there . Pinal County Attorney Lando Voyles stated this should not take the place of a 9-1-1 call . If there is an emergency and they are being abused right then, he wants to hear that Chief Kelly and his men were contacted first. That is who it needs to get to first. They will have access there. There will be a law enforcement agency there all the time . Councilmember Evans commented this is a new center and procedure. She asked if someone can walk in there for something that happened a month ago or a year ago and they now know there is one place they can go when they are ready to talk about it. Pinal County Attorney Lando Voyles stated absolutely. They have two forensic interviewers and they are some of the best he has ever seen. Chairman Kathleen Waldron of the Superstition Mountains Community Facilities District No. 1 introduced Darron Anglin, Interim District Manager. Interim District Manager Darron Anglin gave a brief presentation on the future of the district. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014/APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014/APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014/APPLICATION FOR TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014 ) REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 5 OF 10 ) Deputy City Clerk Jan Mason asked if they would like to do all of these in one single public hearing and have four separate motions . Mayor Insalaco commented if they are all for the same one they can. Deputy City Clerk Jan Mason stated they are for two different dates but they are all with the Eagles . Mayor Insalaco commented they will do them all together and vote on them separately. Deputy City Clerk Jan Mason briefed the council on the items . Mayor Insalaco requested the applicant address the council . Mr. William Kimball stated the Fraternal Order of Eagles does a lot of charity work. The extension of premises is for two different golfing tournaments on those two days for DCR, which is diabetes research. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 6 OF 10 Vice Mayor Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 7 OF 10 NEW BUSINESS None . DIRECTION TO STAFF None . SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, AUGUST 18, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, AUGUST 19, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Tess Nesser, 1511 S . Cactus, Apache Junction, addressed the council regarding the two annual fundraisers coming up for the Boys and Girls Club. Mr. Chris Coyle, Republic Services, 4050 S . Tomahawk, Apache Junction, addressed the council to thank them for the opportunity to sponsor the fireworks this year and to advise everyone that next week is free dump week for city residents . Assistant City Manager Bryant Powell commented they are emphasizing that the residents have to live within the boundaries of the city. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 45 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 8 OF 10 Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of July 1, 2014 . 3 . Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of $21, 600 . 00, and reappointment of Councilmember Serdy to serve on the GPEC Board of Directors . 4 . As required by Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-9, Department of Development Services, § 3-9-1, Department Established, subsection B, the city manager is seeking ratification of Lawrence Kirch for appointment to the position of Development Services Director. ACCEPTED THIS 19TH DAY OF AUGUST, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF AUGUST, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 9 OF 10 day of August, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of August, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 10 OF 10 CITY COUNCIL REGULAR MEETING AUGUST 5, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 5, 2014, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL: TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Waldron )_ed the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Attorney U"oel Stern Public Safety Director Tom Kelly Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present: Deputy City Clerk Jan Mason REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 1 OF 10 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) FOR ECONOMIC DEVELOPMENT SERVICES IN AN AMOUNT NOT TO EXCEED $21, 600 . 00 BE APPROVED; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TC FINAL FORM BY THE CITY ATTORNEY; AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY' S REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS; AND THAT THE APPOINTMENT OF LAWRENCE KIRCH TO THE POSITION OF DEVELOPMENT SERVICES DIRECTOR BE RATIFIED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron requested Councilmember Serdy give the council a report on what is going on with GPEC after he attends the next board meeting. Councilmember Serdy commented he would. He asked if he should do that during the announcements or during the city manager' s report . Assistant City Manager Bryant Powell stated he could do it during the announcements. ANNOUNCEMENT OF CURRENT EVENTS Vice Mayor Barker commented school began today and children in the community reed school supplies . She requested any donated items be given to any of the schools . Councilmember Evans commented the Superstition Mounzain Soccer Club is a 10-month long soccer program for kids . They need some coaches, assistant and full-time. They can contact her or go on their website . REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 2 OF 10 Counci_lmember_ Evans announced there will be a holistic livinc seminar at Dolce Vita on August 23, 2014 . She gave the website to check out the information and advised it is an all day seminar. Mayor Insalaco commented on Proposition 202 and the tribes signing a pact that they would each have no more than 3 casinos on their sovereign land. One tribe is trying to break that rule and he was invited by the Gila River, Salt River and Yavapai Communities to speak in Washington, D. C. ar a senate meeting to request that tribe follow the rules . If the law is broken, it could open the gate to having casinos everywhere. AWARDS, PRESENTATIONS AND PROCLAMATIONS City of Mesa Deputy City Manager Kari Kent, President of the Arizona City/County Management Association presented Assistant City Manager Bryant Powell with a certificate and pin recognizing his completion of the credential manager program from the International City/County Management Association. He has received his designation of credentialed manager by the executive board of the International City/County Management Association, one of only 30 active city/town/county managers that have received this designation in Arizona. There are only 1, 300 worldwide. She gave a brief presentaticn on what has to be completed for this designation and what must be done in zhe future to retain the designation. Assistant to the City Manager Matt Busby commented he is the first manager in the history of Apache Junction to receive this designation. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented Pinal County Attorney Lando Voyles will give a presentation tonight followed by a presentation by Darron and Kathleen Waldron of the sewer district . Pinal County Attorney Landc Voyles gave a presentation on the vertical assignments for the office and his new domestic violence investigation protocol which includes identifying REGULAR MEETI14G OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 3 OF 10 evidence of strangulation In domesti_c iiolence and a family advocacy center in San Tan Valley. Councilmember Rizzi asked what OCI stands for. Pinal County Attorney Lando Voyles stated it is OCWI and it stands for the Office of Child Welfare Investigators . The office was created when Governor Brewer realized that Child Protective Services was having some issues . They actually uncovered a bigger mess than, what was originally expected. Vice Mayor Barker asked how his domestic violence protocol meshes with Maricopa County' s domestic violence protocol . She asked if then are the same or different . Pinal County Attorney Lando Voyles stated they are almost identical . Vice Mayor Barker commented the reason. she is asking is because the domestic violence protocol in Maricopa County includes all members of Maricopa Alliance of Governments, and Pinal County is now a member of Maricopa Alliance of Governments. Pinal County Attorney Lando Voyles stated they have actually recently recreated the protocols for the family advocacy center. They expect to have their accreditation on August 20 from Huntsville, Alabama from the National Childrens Alliance. They will be coming out to review their protocols and make sure they are up to par. They have used several different police chiefs, including Chief Kelly, in creating these protocols . They have reached out to Yavapai County and copied a lot of their protocols along with some from Maricopa County. They have some of the most cutting edge protocols as they have incorporated the Office of Child Welfare Investigators protocols and no other protocols in the state have incorporated those as of yet as they are such a new agency. Councilmember Evans asked if the advocacy center will be a place where someone can just walk in that is having a problem or do they have to be referred from the police to there. Pinal County Attorney Lando Voyles stated if they want to come directly to the facility, they will have law enforcement REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 4 OF 10 agencies there 24/7 . It will almost be treated like a 9-1-1 call . If they wanted to come there and do a direct report, they would start the case them. Councilmember Evans asked if they could just refer people to immediately go there. Pinal County Attorney Lando Voyles stated this should not take the place of a 9-1-1 call . If there is an emergency and they are being abused right then, he wants to hear that Chief Kelly and his men were contacted first . That is who it needs to get to first. They will have access there. There will be a law enforcement agency there all the time . Councilmember Evans commented this is a new center and procedure. She asked if someone can walk in there for something that happened a month ago or a year ago and they now know there is one place they can go when they are ready to talk about it. Pinal County Attorney Lando Voyles stated absolutely. They have two forensic interviewers and they are some of the best he has ever seen. Chairman Kathleen Waldron of the Superstition Mountains Community Facilities District No. 1 introduced Darron Anglin, Interim District Manager. Interim District Manager Darron Anglin gave a brief presentation on the future of the district . PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014/APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014/APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014/APPLICATION FOR TEMPORARY EXTENSION OF PREMISES FOR THE FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014 ) REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 5 OF 10 Deputy City Clerk Jan Mason asked if they would like to do all of these in one single public hearing and have four separate motions . Mayor Insalaco commented if they are all for the same one they can. Deputy City Clerk Jan Mason stated they are for two different dates but they are all with the Eagles . Mayor Insalaco commented they will do them all together and vote on them separately. Deputy City Clerk Jan Mason briefed the council on the items . Mayor Insalaco requested the applicant address the council . Mr. William Kimball stated the Fraternal Order of Eagles does a lot of charity work. The extension of premises is for two different golfing tournaments on those two days for DCR, which is diabetes research. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR FRATERNAL ORDER OF EAGLES #3850 FOR AUGUST 30, 2014, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson. SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 6 OF 10 Vice Mayor Barker MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #38.50 FOR. AUGUST 30, 2014 , SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014 , SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR NOVEMBER 8, 2014 , SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion. carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 7 OF 10 NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, AUGUST 18 , 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, AUGUST 19, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Tess Nesser. , 1511 S. Cactus, Apache Junction, addressed the council regarding the two annual fundraisers coming up for the Boys and. Girls Club. Mr. Chris Coyle, Republic Services, 4050 S. Tomahawk, Apache Junction, addressed the council to thank them for the opportunity to sponsor the fireworks this year ano to advise everyone that next week is free dump week for city residents . Assistant City Manager Bryant. Powell commented they are emphasizing that the residents have to live within the boundaries of the city. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at. 7 : 45 p.m. REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 8 OF 10 Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of July 1, 2014 . 3. Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of $21, 600 . 00, and reappointment of Councilmember Serdy to serve on the GPEC Board of Directors. 4 . As required by Apache Junction City Code, Volume I, Chapter 3, Administration, Article 3-9, Department of Development Services, § 3-9-1, Department Established, subsection B, the city manager is seeking ratification of Lawrence Kirch for appointment to the position of Development Services Director. ACCEPTED THIS 19TH DAY OF AUGUST, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF AUGUST, 2014 . JOHN INSALACO Mayor VC csz UU ATTEST: KATHLEEN CONNELLY ;tl-t.. City Clerk . C, TY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 9 OF 10 day of august, 2014 . I zurther. certify that the meeting was duly cared and held and that a quorum was present . Dated this 7th day of August, 2014 . x - �} s J KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 5, 2014 PAGE 10 OF 10 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 14-358 Sponsor: Shane Kiesow Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Consideration of the procurement of fleet equipment for the current budget year. Equipment will consist of a replacement Case 570N XT Tractor Gannon and new additional Case 580SN Loader/Backhoe, both for the Parks Division within the Parks & Recreation Department. Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract T-622(5)for a total not to exceed $177,741.32. Consideration and action. This topic was discussed at the August 4, 2014 Work Session. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'PizoN►' File ID: 14-359 Sponsor: Shane Kiesow Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Consideration of the procurement of vehicle equipment for the current budget year for Parks & Recreation, Police and Public Works departments. The vehicle for the Parks & Recreation Department would be a replacement Ford F-150 for the Park Ranger Division. Vehicles for the Police Department would consist of two new replacement Ford Pursuit Sedans for the Patrol Division and a Ford Fusion and Ford Escape as replacements for the Crime Investigations Division. Vehicles for the Public Works Department would consist of a Ford F-350 and Ford F-250 serving as both replacements for the Streets Division. Staff requests authorization to purchase the vehicles through Chapman Ford on the cooperative Arizona State Contract ADSP012-016665 for a total not to exceed $146,441.35. Consideration and action. This topic was discussed at the August 4, 2014 Work Session. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►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: 14-365 Sponsor: Kathy Connelly Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Professional services agreement with East Valley Adult Resources, Inc. for mileage reimbursement incentive program (Ride Choice) in an amount not to exceed $26,432.00. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 JULY 8, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR AUGUST 4, 2014 WORK SESSION AND AUGUST 19, 2014 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding through East Valley Adult Resources for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older). The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500. For fiscal years 2004, 2005 and 2006, funding was in the amount of $30,000; $33,960 in FY 2007 and $33,040 for FY 2008. Even though other service providers experienced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting. Since FY 09-10 the program did receive the 20% reduction and was funded in the amount of$26,432.00. The recommendation for FY 14-15 is to continue to provide funding in the amount of $26,432. The funding will provide mileage reimbursement for 28,000 miles at 440 per mile up to a maximum of 200 miles per month per person. The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs. This agreement will be placed on your consent agenda for the August 19 meeting. Please contact me if you have any questions. Attachments: Ride Choice Program proposal Ride Choice Agreement for FY 2013-2014 PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this day of 2014, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). RECITALS A. In previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction. B. The City has historically assisted the elderly and disabled in their transportation needs as a public service. C. Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities. D. A.R.S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City. E. The City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City. F. An objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly. G. Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999. H. In 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004. I. Service began in January 2004 in the City of Apache Junction for the elderly. 1 J. In August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in 2009, 2010, 2011, 2012 and 2013 budgeted $26,432 respectively for the Ride Choice Program. AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1 . CONTRACTOR'S DUTIES: Contractor agrees to perform the following professional services in connection with the Project: A. In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the senior (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting: Apache Junction Active Adult Center and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking; and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents ($0.44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B. Certification/Marketing: Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to 2 current clients and potential clients to promote program usage. C. Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization, coupon dispersal and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION: The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2014 through June 30, 2015 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented quarterly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall be subject to annual renewals as negotiated by the parties. 4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2014-2015 Item Maximum Reimbursement Amount 1) Reimbursement $12,320.00 2) Staff support $12,800.00 3) Printing, postage, telephone $ 720.00 4) Marketing and Brochures, etc. $ 592.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 3 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. 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: City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Contractor: Daniel H. Taylor Executive Director 45 W. University Drive Suite A Mesa, AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8. SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement. The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10. INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 4 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. The Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 5 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 7 12. FORCE MAJEURE: Neither the City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. 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, subconsultants, vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officers, officials, agents and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or Injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. 8 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor 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. 15. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 16. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. 18. BUSINESS AND PRIVILEGE LICENSES: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Contractor ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be 9 converted to a privilege license by the Contractor and any subconsultants through the City Clerk's Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. 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. 22. 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. 23. POLITICAL ACTIVITIES: As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or 10 employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies that employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 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. 11 CONSULTANT: By: DANIEL TAYLOR Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation By: JOHN S. INSALACO Title: Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 12 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. '+'Piz File ID: 14-394 Sponsor: Kathy Connelly Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Reappointment of board members to the Superstition Mountains Community Facilities District (SMCFD). Kathleen Waldron and Jeff Struble have expressed interest in renewing their positions on the SMCFD. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 7. Piz File ID: 14-395 Sponsor: Heather Hodgman Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Consideration of approval of the grantor agreement between the Arizona Department of Economic Security and the City of Apache Junction for vending services at the Library and Public Works. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 41" DEPARTMENT OF ECONOMIC SECURITY Your Pa mcn &n ASvonse Arizona GRANTOR AGREEMENT BETWEEN ARIZONA DEPARTMENT OF ECONOMIC SECURITY AND CITY OF APACHE JUNCTION THIS GRANTOR AGREEMENT (the "Agreement") between the Arizona Department of Economic Security (hereinafter "ADES" or " Department") and the City of Apache Junction , an Arizona municipal corporation ( hereinafter "Grantor") , is made as of this day of 2014. City and ADES are sometimes referred to collectively as the " Parties" , or individually as a " Party" . RECITALS A . The Department is duly authorized to execute and administer contracts under A . R . S . § 41 -1954; and A .A . C . 136-4-302 . B . Grantor is the owner/lessee of the property identified in this Agreement that will be provided free of charges to ADES/Rehabilitation Services Administration (" RSA")/Business Enterprise Program ("BEP") for the operation of a merchandising/vending business by a licensed blind person . C . Grantor is mandated to provide free space to merchandising businesses operated by blind persons through BEP pursuant to A . R . S . § 23-504 . AGREEMENT THEREFORE, the Department and Grantor agree to abide by all the terms and conditions set forth below : 1 . PURPOSE OF AGREEMENT. The purpose of this Agreement is to mutually agree upon the location on the Grantor' s property as stated in Attachment 1 which will be granted to RSA/BEP free of charge for operation of a merchandising/vending machine business . 2 . ARIZONA DES MISSION AND VISION STATEMENTS . ADES 's mission is to promote the safety , well -being and self-sufficiency of children , adults and families . ADES 's vision is every child , adult and family in the State of Arizona will be safe and economically secure . 3 . TERM/RENEWAL , The Term of this Agreement shall be from the date it is executed by the last Party until three (3) years , with annual renewals permitted provided that such renewals are signed by authorized signatories of both Parties . 4. TERMINATION . This Agreement may be terminated by mutual agreement of the Parties at any time during the Term of the Agreement. Each Party shall have the right to terminate this Agreement by written notice to the other Party of termination at least thirty (30) calendar days prior to the effective date of said termination . 5 . AMENDMENTS OR MODIFICATIONS . This Agreement may be amended or modified at any time by written mutual agreement. This Agreement must be signed by the authorized signatories of both Parties . A. Exceptions . Either Party shall give written notice to the other Party of any non-material alteration that affects the provisions of this Agreement. Non-material alterations that do not require a written amendment are as follows: 1 . Change of telephone number(s) 2. Change in authorized signatory 3 . Change in the name and/or address(es) of the person(s) to whom notices are to be sent B . Modifications . Changes to Attachment 1 which include but are not limited to addition, replacement or removal of equipment or movement of equipment from one area of a location to another, as in movement of a vending machine from one floor to another. 6. RESPONSIBILITIES A . RSA/BEP will : 1 . Assign a licensed BEP Operator to the agreed upon merchandising/vending business . RSA/BEP may replace the Operator pursuant to BEP Policy and R64 Article 3 as may be amended . If the services being provided by the BEP Operator are documented to be unsatisfactory, RSA/BEP will appoint a qualified temporary BEP Operator and/or replacement BEP Operator. 2. Assist the BEP Operator in establishing the merchandising/vending business, and furnishing and installing necessary equipment. There will be no charge to Grantor for furnishing and installing the equipment. 3 . All equipment purchased by RSA/BEP will remain the property of ADES and will be marked with an ADES inventory tag . 4. RSA/BEP will not add any vending machines without prior approval of the Grantor. Vending machine changes will be reflected in a revised Attachment 1 . 2 5 . Obtain written consent from the Grantor prior to making any alterations , additions or improvements to any merchandising/vending locations under this Agreement. 6 . Respond within forty-eight (48) hours of notification by the Grantor to issues concerning the maintenance and operation of the equipment/vending machines . Response by telephone is required . 7. Correct any deficiencies in the observation or performance of any terms and conditions or provisions of this Agreement within twenty ( 20) calendar days after receipt of written notice of the deficiency( ies) . If more than twenty (20) calendar days are reasonably required to cure the deficiency , (as per A .A . C . R64- 315 and R6-4-325 as may be amended ) , then RSA/BEP will not be deemed to be in default if the cure was commenced within the twenty (20) calendar day period and it is diligently pursued to its completion . Notwithstanding the foregoing , in the event the Grantor determines that performance under this Agreement by RSA/BEP or the BEP Operator constitutes a hazard to health or safety , Grantor may require the immediate cure of the deficiency and in its sole discretion suspend operations at the facility until the cure is accomplished or terminate this Agreement immediately . 8 . Make all reasonable efforts to repair defective equipment/vending machines . RSA/BEP will issue a request for repair service of equipment/machine within twenty-four (24) hours of detecting defect or upon receipt of a notice from the Grantor. If a licensed technician determines that the equipment/machine is unserviceable, the BEP Manager or his/her delegate will make provisions for the machine replacement and/or disposal accordingly no later than twenty-four ( 24) hours , with notice to Grantor no later than twenty-four ( 24) hours after technician ' s diagnosis is completed . 9 . Make all reasonable efforts that any RSA/BEP owned vending machines/equipment is/are moved within ten (10 ) business days from the date of receipt of a written request from the Grantor . RSA/BEP assumes full responsibility for equipment and/or its condition and the vending products within each machine if the Grantor is required to move the equipment on behalf of ADES/BEP due to the failure of BEP to move the specified equipment within the ten (10 ) day period after notice from the Grantor is received . 10 . Direct the BEP Operator to coordinate with the Grantor' s designated representative concerning access to the facility and the security of the premises during and after regular business hours in relation to the merchandising/vending locations 3 reflected under this Agreement. This will entail compliance with any additional personnel testing , screening , background checks, etc . , which may be required of other ADES Contractor personnel providing vendor machine services having routine access to the facility . 11 . Direct the BEP Operator provide services as follows : a . Operate those merchandising/vending services on Grantor's premises stated in Attachment 1 of this Agreement. b . Comply with all Arizona Department of Health Services regulations, county health regulations and other regulations applicable to the operations of the merchandising/vending business . c . Comply with all statutes , rules, orders, codes, ordinances and regulations applicable to the operation of the business and the premises . d . Maintain insurance and other employee insurance policies as required by law and stated in the BEP Operator Agreement, The State of Arizona , ADES/RSA/BEP and Grantor, the City of Apache Junction shall be named as additional insured on the liability insurance policy . e . Provide evidence of security clearances. f. Maintain the operation of the business during mutually agreed upon business hours as stated in Attachment 1 . g . Establish and maintain direct contact with the designated Grantor representative(s) in order to resolve operational issues or concerns . h . Respond within forty-eight (48) hours of notification by Grantor to issues concerning the maintenance and operation of the equipment/vending machines . Response by telephone is required . The BEP Operator shall also maintain direct contact with a designated Grantor Representative to resolve any operational issues or concerns . 4 i . Maintain all equipment in good working order, service them as needed , repair or replace all broken parts when applicable and maintain them in a clean , orderly and sanitary condition so as to not detract from or deteriorate building appearance . j . Empty regularly all trash from each food service/vending location into receptacles as designated by the Grantor. k . Pay for any long distance phone service accrued for each food service location if using phone service provided by Grantor. I . Confirm that weight on any floor at any site does not exceed the load limit established by Grantor, if applicable . m . Handle customer requests to replenish inventory , and make refunds for lost coins or unsatisfactory products in a prompt and courteous manner. Refund notice will be posted on each vending machine . n . Provide vending services as follows : i . Price vending products in accordance with the average market value of the same or like products . BEP agrees to price within the market range: These items. may include but are not limited to ; hot beverages , cold drinks , candy , pastries , sandwiches/cold foods or frozen items , snacks , and other convenience items . ii . Utilize popular brands of food and drinks and accommodate requests by the Grantor to stock specific products in vending equipment. iii . Provide fresh products within the dates stamped on the package (s) . iv . Service and restock all vending equipment in accordance with the requirements listed in Attachment 1 . v. Not use vending machines that dispense alcohol , tobacco products , or medications . B . Grantor will : 1 . Provide and pay security , space and utilities (gas , water, sewer , electricity) or other assessment for the operation of 5 the merchandising/vending business at no cost to RSA/BEP or the BEP Operator as follows: a . Provide water and electricity if applicable, to within three (3) feet of vending equipment in areas at locations identified in Attachment If b . Provide electrical outlets that are a minimum of 15 Amp and at best, a dedicated circuit for each outlet with one outlet for each machine. Minimum of dedicated circuits is one for each compressor operated piece of equipment such as frozen food , hot beverages, cold food , and/or soda machines . Frozen food and hot beverage machines require not less than a 20 Amp dedicated circuit and a 5=20R electrical receptacle ( NEMA configurations) . c . Provide receptacles for trash and or recyclable items . d . If no electrical outlet is available, AZDES would be granted an alternative location to place the vending equipment or Grantor will provide AZDES with an alternative location . 2 . Cooperate with and allow RSA/BEP to furnish and install equipment and/or services as deemed necessary for merchandising/vending business operation . 3. Furnish RSA/BEP any documents and information deemed necessary for successful business operation (i . e . floor plans, I electrical plans, minutes related to the BEP Operations) . 4. Provide access to the BEP Operator and its personnel during and after regular business hours as necessary. Access shall be mutually agreed upon and in writing . All security shall be the responsibility of Grantor. 5 . Allow the BEP Operator to have direct contact with the designated Grantor Representative , 6. Notify the RSA/BEP designated contact person and the BEP Operator if any concerns arise in respect to food selection , inventory or other service issues . Submit any request for changes in the merchandising/vending service products/inventory or hours in writing to the designated RSA/BEP contact person and/or the BEP Operator. 6 7. Notify the BEP Operator about any requirements concerning access to the facility and the security of the premises during and after regular business hours in relation to the merchandising/vending locations reflected under this Agreement. 8 . Not move or cause to be moved equipment/machines from their specified location (s) . a . In the event that equipment/machines need to be moved either permanently or temporarily , the Grantor shall notify the designated RSA/BEP contact person by telephone and by email allowing ten (10) business days prior to date and time of required move in order for RSA/BEP to acquire a contractor to move the equipment. b . . In the event the Grantor initiates moving vending machine (s) without implementing the notification process stated above , the Grantor shall accept full responsibility for all damage to equipment and product up to full replacement of equipment and or vending products resulting in loss . Damages to equipment will be assessed in writing by a licensed repair contractor, chosen mutually by the Parties . contracted by the RSA/BEP for purposes of assessing the cost of damages and or loss . Product loss assessments shall be accepted by Grantor as cause for reimbursement when presented with an itemized list in writing by the BEP Operator and confirmed in writing by the BEP Manager or his/her delegate . c . If the Grantor is required to move the equipment on behalf of RSA/BEP due to the failure of BEP to move the specified equipment within the ten (10) day period after notice is received from the Grantor as specified above , ADES/BEP assumes responsibility for equipment and or its condition and the vending products within each machine the Grantor was required to move . 9 . Respond to requests and or correspondence from RSA/BEP or BEP Operator not to exceed forty-eight (48) hours . Response by email is acceptable and preferred . 10 . Grantor will comply with the provisions of A . R . S . § 23-504 and whenever a merchandising business becomes available , the City will cooperate with BEP in a survey of the merchandising business and if BEP determines it is acceptable, grant BEP space to operate the business . a . Periodic departmental sales for charitable donations are not prohibited 7 7. PAYMENT. There will be no payment under this Agreement. Grantor shall not charge any rent or other assessment for use or occupancy of the space granted for the operation of the merchandising/vending machine business by licensed blind persons. 8 . NOTICES , A. All notices to Grantor regarding this Agreement shall be sent to the following address: City of Apache Junction Public Works Management Assistant 575 E. Baseline Avenue Apache Junction , AZ 85119 Phone : (480) 474-8516 and City of Apache Junction City Attorney 300 E . Superstition Blvd , Apache Junction , AZ 85119 Phone : (480) 474-5105 Be All notices to the ADES/RSA/BEP regarding the merchandising/vending machine business under this Agreement shall be sent to the following addresses : Rehabilitation Services Administration , Business Enterprise Program ATTN : BEP Manager Arizona Business Enterprise Program 1720 W Jefferson S/C 018134 Phoenix, AZ 85007 and Rehabilitation Services Administration Attention : SBVI Manager PO Box 6123, Site Code 930A Phoenix , Arizona 85005-6123 C . ADES and the Grantor will provide the contact person ' s name and email address to the other Party. Updates on this information may be provided by email to the other Party . 8 9 . APPLICABLE LAW AND COURT JURISDICTION/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 inequity 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 Maricopa County , State of Arizona . In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action may recover all costs including : all litigation and appeal expenses , collection expenses , reasonable attorneys ' fees , necessary witness fees and court costs to be determined by the court in such action . 10 . ARBITRATION . The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration , after exhausting applicable administrative review, to the extent required by A. R . S . § 12-1518 except as may be required by other applicable statutes . 11 . AUDIT. In accordance with A. R . S . § 35-214, the Grantor shall retain and shall contractually require each subcontractor to retain all data , books and other records (" records") relating to this Agreement for a period of five (5) years after the completion of the Agreement. All records shall be subject to inspection and audit by the State at reasonable times . Upon request, the Grantor shall produce the original of any or all such records . 12 . AVAILABILITY OF FUNDS FOR THE CURRENT STATE FISCAL YEAR . The Director of ADES shall have the sole and unfettered discretion in determining the availability of funds . 13 . AVAILABILITY OF FUNDS FOR THE NEXT STATE FISCAL YEAR . Funds may not presently be available for performance under this Agreement beyond the current state fiscal year. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Parties at the end of the period for which funds are available . 14. BUSINESS LICENSE & TRANSACTION PRIVILEGE TAXES . RSA/BEP represents and warrants that any license necessary to perform the work under this Agreement is current and valid . RSA/BEP understands that the activity described herein constitutes "doing business in the City of Apache Junction" and RSA/BEP agrees any and all vendors , operators and technicians shall obtain a business license pursuant to Chapter 8 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits , will invoke the same business license regulations on any subcontractors , and RSA/ BEP ensures its subcontractors will obtain any required business license . In addition , all vendors , operators and technicians shall be responsible for paying all applicable transaction privilege taxes and shall obtain all applicable privilege tax licenses . 9 15 . CANCELLATION FOR CONFLICT OF INTEREST. In accordance with A . R .S . § 38-511 , either Party may cancel the Agreement, without penalty or further obligation , if any person significantly involved in initiating , negotiating , securing, drafting or creating the Agreement on behalf of the Parties, at any time while the Agreement is in effect, becomes an employee or agent of any other Party to the Agreement in any capacity or a consultant to any other Party to the Agreement with respect to the matter of the Agreement. 16. FORCE MAJEURE . Neither Grantor nor ADES, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with all applicable laws , including , but not restricted to, acts of God , fires , floods , epidemics, pandemics , quarantine, restrictions, embargoes , labor disputes , and unusually severe weather or the delays of subconsultants or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , labor strike or interruption , extortion , sabotage, power outage, or similar occurrence . 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, subconsultants, vendors desired by ADES in connection with this Agreement. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided , however, that the Party seeking the benefit of the provisions of this Section shall , within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . IT INDEMNIFICATION AND INSURANCE, A . Each Party to this Agreement is responsible for its own negligence . Be ADES will require that the BEP Operator, prior to the commencement of services, provide to the Grantor: 1 . A copy of a valid insurance certificate as evidence of primary and non-contributory liability insurance, naming the State of Arizona/ADES and Grantor, the City of Apache as additional insured . The insurance certificate shall identify the Agreement number and provide for thirty (30) calendar days' advance notice of any material changes, cancellation , termination or expiration . 2. A copy of a valid worker's compensation certificate. C . The BEP Operator is required to maintain valid insurance and worker's compensation coverage . 10 18 . NON -DISCRIMINATION . In accordance with A . R . S . § 41 -1461 et seq . and Executive Order 2009-09 , the Grantor shall provide equal employment opportunities for all persons , regardless of race , color, religion , creed , sex, age , national origin , disability or political affiliation . The Grantor shall comply with the Americans with Disabilities Act. 19 , ATTACHMENTS . The following attachment is part of this Agreement: Attachment 1 Merchandising/Vending Business Facility Location . BY SIGNING THIS FORM ON BEHALF OF THE GRANTOR , THE SIGNATORY CERTIFIES HE/SHE HAS THE AUTHORITY TO BIND THE GRANTOR TO THIS AGREEMENT, FOR AND ON BEHALF OF THE CITY OF APACHE JUNCTION , Grantor John S . Insalaco , Mayor Date ATTEST: Kathy Connelly , City Clerk APPROVED AS TO FORM : 8010 ' i + R . Joel Stern , City Attorney FOR AND ON BEHALF OF THE ARIZONA DEPARTMENT OF ECONOMIC SECURITY , za,,. k�k , Procurement Manager i 7/ ( 6 lzoi � Date ADES1 5-0 745 01 ADES Contract Number 11 Attachment 1 Revised 5/14/2014 MERCHANDISING / VENDING BUSINESS FACILITY LOCATION - 1VR-04 / 47 Grantor Name & Agreement Number City of Apache Junction Facility Name Various �EEEEEEJ Contact Person Name Phone Number BEP Operator Tim Mead 602-722-1933 (Cell) BEP Manager Jason Sauer 602-771 -4366 Grantor Representative Heather Hodgman 480-474-8500 Location Site Address x m c N C � M O O O j LL w `a 0 a y c c L M x o a a $ vLL _ LL 0 m aL O II E N w 0 L O O O O` N U 2 U LL ra U U to D NO Apache Junction Library - 1177 N . Idaho Road 1 1 1 1 1 Public Works 575 E BaseCine 1 1 z 1 1 2 1 TOTAL MACHINES : 7 Hours of Operation: Twenty Four Hours per day, Seven Days Per Week. Replenishment Schedule: Minimum of once per week, more often based on usage demand . Page 1 of 1 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 14-334 Sponsor: Bryant Powell Agenda Date: 8/19/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►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. 9. Piz File ID: 14-398 Sponsor: Emile Schmid Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Presentation and discussion on proposed Resolution No. 14-34, declaring that portions of public roadway easements located on Seventh Avenue from Wickiup Road to Chaparral Road, and described in extinguishment case EX-14-34, are no longer necessary for public use as public roadway easements and are hereby extinguished as present and future public right-of-way. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �PQpCNFt/ y Public Works Department ti U 2 Home of the Superstition Mountains q Hf ZONP Date: August 6, 2014 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, Assistant City Manager Giao Pham P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Extinguishment of Federal Patent Easements Seventh Avenue from Wickiup Road to Chaparral Road Proposed Resolution No. 14-34 Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens in portions of Apache Junction. FPEs were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right- of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet in width with 33 feet on each side of common parcel lines. Seventh Avenue from Wickiup Road to Chaparral Road has never been opened for public use or maintained by the City. This road is classified as a local roadway. In addition, the FPEs do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Robert and Patricia Lewis filed an application for the extinguishment of the above mentioned portions of roadway easements on July 14th, 2014. The application included a support petition signed by the adjacent property owners, who support the extinguishment petition. The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 4 Fax (480) 982-8005 RESOLUTION NO. 14-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14- 34, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPEs") as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S . §§ 9-500 . 24 and 28-7214; and WHEREAS, on July 14, 2014, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on July 14, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Mediacom, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of the identified public roadway easements; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and RESOLUTION NO. 14-34 PAGE 1 OF 4 WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1 . The Mayor and City Council of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-34 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-04-056 and 103-04-054) The South thirty-three feet (33' ) of the Northwest quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-04-066C) The North thirty-three feet (331 ) of the Southwest quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (33' ) and the East thirty three feet (33' ) THEREOF; RESOLUTION NO. 14-34 PAGE 3 OF 4 EXHIBIT "B" 5TH ' 046B ' 047B �' °I 048C 046A ; ; 047A L_ - - - - I L_ - - - - -1 L_ - - - - -1 6TH AVENUE 057A 055 054 053A 053B Q I 057B ; I ; 056 ; QI ; 10 206 1186U L- - - - - -1 L- - 7TH AVENUE -076 I F - - � � - I I I I I I I 065A I I I I I I I 066C 067B 067A 065B L- - - - - I � - BROADWAY l AVENUE - - LEGEND 33 66' _ 3 PROPOSED EXTINGUISHMENT - - - - - ® DEDICATED RIGHT-OF-WAY 33 - ROAD CENTERLINE - -t - FEDERAL PATENT EASEMENT TYPICAL FPE/ROW DIMENSION PROPERTY LINE (UNLESS OTHERWISE NOTED) 119-086 PATENT DEED(S) RESOLUTION NO. 14-34 z RESOLUTION NO. 14-34 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14- 34, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation became the holder of federally patented easements ("FPEs") as described in Exhibit A and depicted in Exhibit B, for public roadway purposes; and WHEREAS, such easements may be extinguished by local municipalities pursuant to A.R. S. §§ 9-500 . 24 and 28-7214; and WHEREAS, on July 14, 2014, the "Applicant", paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on July 14, 2014, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Superstition Fire and Medical District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Superstition Mountains Community Facilities District No. 1, Centurylink, Mediacom, Southwest Gas, the Development Services Director, and the Public Safety Director; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of the identified public roadway easements; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and RESOLUTION NO. 14-34 PAGE 1 OF 4 WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1 . The Mayor and City Council of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CJTY COUNC L OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _ DAY OF G-�L/S� r 2014 . SIGNED AND ATTESTED TO THIS DAY OF {1Lt�c r$�, 2014 . JOHN S . INSALACO Mayor ATTEST: ULU KATHLEEN CONNELLY yam , 1 City Clerk APPROVED AS TO FORM: (0 L RICHARD J. STERN City Attorney RESOLUTION NO. 14-34 PAGE 2 OF 4 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-04-056 and 103-04-054) The South thirty-three feet (33' ) of the Northwest quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (331 ) and the East thirty three feet (33' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-04-066C) The North thirty-three feet (331 ) of the Southwest quarter of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West thirty three feet (331 ) and the East thirty three feet (331 ) THEREOF; RESOLUTION NO. 14-34 PAGE 3 OF 4 EXHIBIT "B" - - - - - - 5TH - -� - - ' ; 046B ; ' ; 047B ;�' ; ;of 048C I 046A ; ; 047A 6TH AVENUE 057A ; 055 054 ( 053A 053B Q 057B ; ; 056 ;a_ ; 10 L_ _ _ _ _ -Jm L_ _ 7TH AVENUE 065A ' I 066C I 1067B 067A I I 065 B ' ' L- - - - - -J ' L- - - - - _J L- - - - - --� �-- - - — — — BROADWAY 1 AVENUE — — LEGEND 66' —� — 33 3' ® PROPOSED EXTINGUISHMENT DEDICATED RIGHT—OF—WAY 33' 33 — ROAD CENTERLINE FEDERAL PATENT EASEMENT TYPICAL FPE PROW DIMENSION PROPERTY LINE >>s-os6 PATENT DEED S (UNLESS OTHERWISE NOTED) F- RESOLUTION NO. 14-34 z ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 14-329 Sponsor: Bryant Powell Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, September 1, 2014 is canceled due to the observation of Labor Day. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 11. Piz File ID: 14-330 Sponsor: Bryant Powell Agenda Date: 8/19/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and a Work Session at 7:00 P.M. for Tuesday, September 2, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026