HomeMy WebLinkAbout2023 11.07 City Council Regular Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
at City Hall
Agenda 300 E.Superstition Blvd
Apache Junction,AZ
City Council Meeting 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday, November 7,2023 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. 23-572 Consideration of acceptance of agenda.
Sponsors: Jennifer Pena
2. 23-573 Consideration of approval of minutes of the regular meeting of October
17, 2023.
Sponsors: Jennifer Pena
Attachments: CCMIN 2023 10 17 MINUTES DRAFT
3. 23-530 Consideration of approval of procurement of police department drones
from Gresco Supply Inc., utilizing State Cooperative Contract
#CTR065255, in an amount not to exceed $72,638,81. This item was
presented and discussed at the October 16, 2023 work session.
Sponsors: Michael Pooley
Attachments: Crone Memo
Purchase A reement Gresco-A ache Jct Dartfialitexecutedl
City of Apache Junction,Arizona Page 1 Printed on 111212023
City Council Meeting Agenda November 7,2023
4^ 23-581 Consideration nf approval cf procurement nf council chamber
audio/visual upgrade from Conference Technologies, Inc., utilizing the
|nher|oca| Purchasing System (''T.|.P.S")cooperative contract#
200Q04. for a total amount not tu exceed $54.219.61. This item was
presented and discussed at the October 16. 2023 work session.
Sponsors. DougYVidhgnn
Attachments:
5. 23-604 Consideration of approval of entering into a contract with Weems
Asphalt for the reconstruction of the City'a Fuel Island pavements. The
work would be through K4arioupa County cooperative contract No.
21018G-Sin the amount of$126.G74.Q8 plus a1096 contingency for
unforeseen change orders in the amount of$12.687.40 for a total not
to exceed $13A,242.47. Work will result in new concrete surfaces to
replace the current surface in very poor condition. Work isplanned
within the November 2023to January 2024Umohnmn.
Sponsors: Ted Wolff
Attachments:
HFS23-05 Agreement-Weems
6, 23-6X35 Consideration nf approval uf proposed Resolution No. 23'34. e
12-month preliminary plat extension for case P-21'A8-SO. known na
"Old West Highway Vi||age." a request by Greg Loper, representing the
development and ownership group Galileo Capital Partners, located
approximately on the south side nf Old West Highway between S.
Royal Palm Road and S. Tomahawk Road.
Sponsors: Nicholas Leftwich
Attachments: Resolution No.23-34
P-21-98-PZ Preliminary Plat Extension Remiss Letter
P-21-98-PZ Plat Extension Citv Council Staff Memo
7. 23-62y0 Consideration of approval of Resolution 23-38. anintergovernmental
agreement between the City of Apache Junction and the State of
Arizona Department of Revenue for the administration, collection,
audit, and licensing of transaction privilege taxes, use taxes,
severance taxes,jet fuel excise and use taxes and rental occupancy
taxes imposed by the state, cities ortowns.
Sponsors: Lmo|imDmRoohe
Attachments: 2
Memo City Council IGA AZDQR
Res 23-36 IGA AZ Dept of Rey
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 atthis time.
City vr Apache Junction,Arizona Page Printed on/m12023
City Council Meeting Agenda November 7,2023
F. REGIONAL INTERGOVERNMENTAL UPDATES
The mayor or any member of council may at this time present a brief summary of any regional
intergovernmental updates. However, no discussion shall take place on such items except for clarifying
comments related to substance, time and location.
8. 23- 74 Brief summary of intergovernmental updates from mayor and
councilmembers.
Sponsors: Chip Wilson
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.
9. 23-575 City Manager's Report.
Sponsors: Bryant Powell
10. 23- 11 Presentation, discussion, and update on the .2% sales tax dedicated
to fund roadway maintenance and repairs.
Sponsors. Bryant Powell
11. 23- 76 Announcement of Current Events.
Sponsors: Al Bravo
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.
1. 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.
12. 23-610 Presentation, discussion, and update on the status of the Weekes
Wash project with City Engineer, Emile Schmid.
Sponsors: Emile Schmid
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.
City of Apache Junction,Arizona Page 3 Printed on 111212023
City Council Meeting Agenda November 7,2023
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
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.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.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480)983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 4 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
File ID: 23-572
Sponsor:Jennifer Pena Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of acceptance of agenda.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.2.
File ID: 23-573
Sponsor:Jennifer Pena Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of minutes of the regular meeting of October 17, 2023.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona Meeting location:
City Council Chambers
Meeting Minutes at City Hall
300 E.Superstition Blvd
CityCouncil Meeting Apache Junction,AZ
g 85119
apachejunctionaz.gov
Ph:(480)982-8002
Tuesday,October 17,2023 7:00 PM City Council Chambers
A. CALL TO ORDER
Mayor Wilson called the meeting to order at 7:02 p.m.
B. INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Heck gave the invocation and Councilmember Cross led the meeting attendees
in the Pledge of Allegiance.
C. ROLL CALL
Present: 7- Mayor Wilson
Vice Mayor Schroeder
Councilmember Nesser
Councilmember Heck
Councilmember Johnson
Councilmember Cross
Councilmember Soller
Staff in Attendance:
Bryant Powell, City Manager
Matt Busby, Assistant City Manager
Jennifer Pena, City Clerk
Joel Stern, City Attorney
Al Bravo, Public Information Officer
Evie McKinney, Deputy City Clerk
D. CONSENT AGENDA
Councilmember Soller moved,seconded by Councilmember Nesser to approve the Consent
Agenda.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
1. 23-553 Consideration of acceptance of agenda.
2. 23-554 Consideration of approval of minutes of the regular meeting of October 3,
2023.
City of Apache Junction,Arizona Page 1
City Council Meeting Meeting Minutes October 17,2023
3. 23-569 Consideration of approval on proposed Resolution No. 23-33, an
intergovernmental agreement with the Salt River Pima-Maricopa Indian
Community for the State Shared Revenue Program for Calendar Year
2024 for the city to act as the pass-through agency for Superstition Fire
and Medical District to receive Proposition 202 grant funding in an
amount of$111,983.83 for portable radios and safety rescue equipment.
4. 23-539 Consideration of approval of the contract to Weems Asphalt for the
reconstruction of Tomahawk Road from Broadway Avenue to
Superstition Boulevard. The work would be through the Maricopa County
cooperative contract No. 210166-S in the amount of$907,229.28 plus a
10% contingency for unforeseen change orders in the amount of
$90,722.92 for a total not to exceed $997,952.20. Work will result in a
new road base and pavement surface for the length of Tomahawk Road
as presented and discussed in the Fiscal Year 2024 Capital
Improvement Plan and Street Maintenance Plan at the July 18, 2023 City
Council regular session. Work is planned between November 2023 to
January 2024.
5. 23-566 Consideration of approval of Resolution 23-26 Intent to Form Streetlight
Improvement District No. 2023-SV-BR-1 Blossom Rock Phase 1.
6. 23-567 Consideration of approval of Resolution 23-27 Ordering the Installation of
Streetlights for Streetlight Improvement District No. 2023-SV-BR-1
Blossom Rock Phase 1.
7. 23- 68 Consideration of approval of Resolution 23-28 Adopting the Budget for
Fiscal Year 2024-2025 for Streetlight Improvement District No.
2023-SV-BR-1 Blossom Rock Phase 1.
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
8. 23- 64 Proclamation designating the month of November as "National
Alzheimer's Awareness Month".
Mayor Wilson read the Proclamation designating the month of November as "National
Alzheimer's Awareness Month."
9. 23- 65 Proclamation designating the month of November as "National American
Indian Heritage Month".
Mayor Wilson read the Proclamation designating the month of November as "National American
Indian Heritage Month"and presented it to Jenni Morrison, the American Indian Chair with
National Society Daughters of the American Revolution -Apache Trail Chapter.
F. REGIONAL INTERGOVERNMENTAL UPDATES
City of Apache Junction,Arizona Page 2
City Council Meeting Meeting Minutes October 17,2023
10. 23-555 Brief summary of intergovernmental updates from mayor and
councilmembers.
Councilmember Soller and Mayor Wilson attended the Faith and Blue event held this past
weekend. It was well attended and they both shared their appreciation to the attendees for their
support to the local churches and law enforcement.
Councilmember Soller and Mayor Wilson also attended the Latter Day Saints (LDS) Stake
Holders Conference.
Mayor Wilson attended the Phoenix Mesa Gateway Airport Authority meeting today. He learned
that a recent audit has been completed by the Authority, which received an outstanding award
for clarity, accuracy and promptness in the report.
Phoenix East Valley Partnership presents an annual Legacy Award, to a corporate leader or an
organization that has made a significant impact on businesses, and improvements to the quality
of life in the east valley and greater Phoenix area. It was announced at the Airport Authority
meeting today that this distinguished award will be shared with the Phoenix Mesa Gateway
Airport Authority, and Richard Silverman, who served over 40 years as the General Manager for
Salt River Project. The awards will be presented after January 2024.
Mayor Wilson shared a photo with a key the city recently received by acquiring the Rodeo
Grounds. The city had a contract with the Bureau of Land Management for a 30 year term but
there were many restrictions. Through the professional staff involvement and much
collaboration the city was able to purchase this event center.
G. CITY MANAGER'S REPORT
11. 23-556 City Manager's Report.
City Manager Bryant Powell shared highlights from the recent Make a Difference day, by
presenting some before and after photos of a homeless encampment that had been cleared.
The East Valley Back Country Horsemen's Association is partnering with the City to keep the
area trail system clean, as well as report sights to City staff to address these areas, which will
create rehabitation in our beautiful desert area.
Mr. Powell also highlighted two city staff members for recent recognition and awards:
Apache Junction Library Outreach Supervisor Megan Carbiener received the"2023 Rising Stars
Award," issued by the Association of Bookmobiles and Outreach Services,which highlights
achievements of individuals that are new to the bookmobile and outreach profession.
Lieutenant Daniel Saldana received the"40 Under 40 Award,"which was given by the
International Association of Chiefs of Police. This prestigious award is granted to police officers
that demonstrate excellent leadership and commitment to their profession.
12. 23-557 Announcement of Current Events.
Public Information Officer Al Bravo shared upcoming events:
* Recap of the Make a Difference Day and the success of the community efforts
City of Apache Junction,Arizona Page 3
City Council Meeting Meeting Minutes October 17,2023
* Superstition Community Foodbank Chili Cookoff-Saturday, October 21, 2023, 11:00 a.m. -
2:00 p.m.
*Joint Council Meeting with Queen Creek and Apache Junction, Monday, October 23, 2023 at
6:00pm, at the Queen Creek Chambers located at 20727 E. Civic Parkway, Queen Creek,AZ
* Seed Up Meet Up program continues at Horizon Health and Wellness, in partnership with the
Apache Junction Library. More information can be found at www.ehpcg.org or www.ajpl.org.
*All local events and announcements can be received through e-mail every Thursday by signing
up for the city newsletter at www.apachejunctionaz.gov/newsletter.
H. PUBLIC HEARINGS
13. 3-559 Consideration of application for a new Series 10 Beer and Wine Store
Liquor License for Apache Korners located at 420 N. Apache Trail,
Apache Junction, AZ. The next step in the process is for the council to
hold a public hearing on the application and make a recommendation of
approval or denial to the Arizona Department of Liquor License and
Control.
Councilmember Nesser moved,seconded by Councilmember Cross that the application for a new
Series 10 Beer and Wine Store Liquor License for Apache Korners,located at 420 N.Apache
Trail,Apache Junction,Arizona,be recommended for approval to the Arizona Department of
Liquor Licenses and Control.
Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember
Heck, Councilmember Johnson, Councilmember Cross and Councilmember
Soller
No: 0
City Clerk Pena stated the city received an application for a new Series 10 Beer and Wine Store
Liquor License for Apache Korners located at 420 N. Apache Trail, on September 20, 2023, and
the notice of posting was placed at the establishment on September 21, 2023.
The posting requirement has been met with no comments from the public. Correspondence
related to inspections of the premises for safety and code compliant matters have been
received from the Apache Junction Police Department, Planning and Zoning Department,
Building and Safety division and the Superstition Fire and Medical District. All four entities find
compliance with the inspection requirements and recommend approval.
Mayor Wilson opened the public hearing, receiving no comments, he closed the public hearing.
I. OLD BUSINESS
J. NEW BUSINESS
City of Apache Junction,Arizona Page 4
City Council Meeting Meeting Minutes October 17,2023
14. 23-470 Consideration of applicants for annual appointments and reappointments
for the City of Apache Junction Boards and Commissions. Council
interviewed applicants at the October 16 city council work session and
may take this opportunity to fill the positions.
Mayor Wilson thanked all the applicants and their interest to serve their community and shape
its future. He than began the appointment process.
Board of adjustment
Councilmember Heck moved, seconded by Vice Mayor Schroeder that Frank Schoenbeck be
appointed to the Board of Adjustment for a term to expire on October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Councilmember Johnson moved, seconded by Vice Mayor Schroeder that Rod Martin be
appointed to the Board of Adjustment for a term to expire on October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
No appointment made to the Board of Adjustment for a term to expire on October 31, 2026.
Construction Board of Appeals
Vice Mayor Schroeder moved, seconded by Councilmember Nesser that George Ellison be
appointed to the Construction Board Of Appeals as the"Lay Person"for a term to expire on
October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
No appointment made to the Construction Board Of Appeals as the"architect/engineer"for a
term to expire on October 31, 2026.
No appointment made to the Construction Board Of Appeals As"a general contractor"for a
term to expire on October 31, 2024.
No appointment made to the Construction Board Of Appeals as"contractor- (non-general)"for a
City of Apache Junction,Arizona Page 5
City Council Meeting Meeting Minutes October 17.2V23
term to expire on October 31. 2024.
Health & Human Services Commission
Cnunoi|member Johnson moved, seconded byCounci|member Heck that Della Wood be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2026.
YES: 7-Mayor Wilson, Vice Mayor Sohroeder, Counui|membero Neooer, Heok, Cnnua,
Johnson and 8n||er
NO: 0-
Motion passed
Counci|memberNeoser moved, seconded by Vice Mayor Schroeder that Angela Smithson be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2026.
YES: 6-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Cross, Johnson
andSoUor
NO: 1 -CounoUmemberHeck
Motion passed
Counci|member Johnson moved, seconded byCounoUmembor Cross that Penny Voisine be
appointed to the Health & Human Services Commission for a term to expire on October 31,
2025.
YES: 6-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Cross, Johnson
andSoUor
NO: 1 -CounoUmemberHeck
Motion passed
Industrial Development Authority
No appointment made to the Industrial Development Authority for a term tn expire October 31.
2026.
No appointment made tn the Industrial Development Authority for a term tn expire October 31.
2026.
No appointment made to the Industrial Development Authority for o term tn expire October 31.
2027.
No appointment made to the Industrial Development Authority for a term to expire October 31.
2028.
City vr Apache Junction,Arizona Page
City Council Meeting Meeting Minutes October 17.2V23
No appointment made to the Industrial Development Authority for a term to expire October 31.
2028.
Library Board
Counci|member Heck moved, seconded byCounoi|memberNeooerthat Catherine Meek be
appointed ho the library board for a term ho expire on October 31. 2026.
YES: 7-Mayor Wilson, Vice Mayor Gohroeder, Counoi|membem Neuoer, Heok, Cnnua,
Johnson and 8n||er
NO: 0-
Motion passed
Counci|memberNeoser moved, seconded byCnunci|memberSoUerthat Barbara Fitzgerald be
appointed ho the library board for a term to expire on October 31. 2028.
YES: 6-Mayor Wilson, Cnunci|mombene Neaaer, Heok, Cn000. Johnson and So||ar
NO: 1 -Vice Mayor Schroeder
Motion passed
Municipal Property Corporation
Counui|member Heck moved, seconded by Vice Mayor Schroeder that Frank Schoenbeck be
reappointed to the Municipal Property Corporation for a term to expire October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Counoi|mambem Neooar, Haok, Croao,
Johnson and 8n||nr
NO: 0-
Motion passed
No appointment made ho the Municipal Property Corporation for a term to expire October 31.
2026.
No appointment made to the Municipal Property Corporation for a term to expire October 31.
2026.
Parks And Recreation Commission
Councilmember Heck moved, seconded by Councilmember Nesser that Judy Borey be
reappointed to the Parks and Recreation Commission for a term to expire October 31, 2024.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Counoi|membam Naanar, Heok, Cross,
Johnson and Gn||nr
City vr Apache Junction,Arizona Page
City Council Meeting Meeting Minutes October 17,2023
NO: 0 -
Motion passed
Councilmember Johnson moved, seconded by Vice Mayor Schroeder that Felicia Madrid be
appointed to the Parks and Recreation Commission for a term to expire October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Councilmember Cross moved, seconded by Vice Mayor Schroeder that Diele Kyhn be
appointed to the Parks and Recreation Commission for a term to expire October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Planning And Zoning Commission
Councilmember Cross moved, seconded by Councilmember Nesser that Jesse Gage be
reappointed to the Planning and Zoning Commission for a term to expire on October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Councilmember Heck moved, seconded by Councilmember Nesser that Sheryl Bigelow be
appointed to the Planning and Zoning Commission for a term to expire on October 31, 2026.
YES: 5-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck and Soller
NO: 2-Councilmembers Cross and Johnson
Motion passed
Councilmember Johnson moved, seconded by Councilmember Soller that Ari Kalan be
reappointed to the Planning and Zoning Commission for a term to expire on October 31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
City of Apache Junction,Arizona Page 8
City Council Meeting Meeting Minutes October 17,2023
NO: 0-
Motion passed
Public Arts Commission
Councilmember Johnson moved, seconded by Vice Mayor Schroeder that Catherine Meek be
appointed to the Public Arts Commission as "interested in art"for a term to expire on October
31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Councilmember Heck moved, seconded by Councilmember Nesser that Gretchen Klett be
reappointed to the Public Arts Commission as"practicing artist"for a term to expire on October
31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Councilmember Nesser moved, seconded by Councilmember Cross that Angela Smithson be
appointed to the Public Arts Commission as "interested in art"for a term to expire on October
31, 2026.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
Motion passed
Public Safety Personnel Retirement Board
Councilmember Soller moved, seconded by Councilmember Nesser that Ron Neitzer be
appointed to the Public Safety Personnel Retirement Board as"citizen member"for a term to
expire on October 31, 2024.
YES: 7-Mayor Wilson, Vice Mayor Schroeder, Councilmembers Nesser, Heck, Cross,
Johnson and Soller
NO: 0-
City of Apache Junction,Arizona Page 9
City Council Meeting Meeting Minutes October 17.2V23
Motion passed
Councilmember Nesser encouraged participation in the Citizens Leadership Institute, by
contacting Public Information Officer AJBravo. She also mentioned the need for volunteers in
various city departments.
K. COUNCIL DIRECTION TO STAFF
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
M. CALL TO PUBLIC
Eddie Oh!y. 2364N. Apache Drive, Apache Junction, shared his concerns regarding asafety
matter with onuthbound traffic on |daho, south of Lost Dutchman. He requested a guard rail
extension be installed on Idaho Road.
Council requested staff look into the extension and costs associated with extending this guard
rail.
Catherine Mook, 1327 S. Bo|airRood, Apache Junction, announced upcoming events to be
offered atthe Superstition Mountain Museum, located at 4087 E. Apache Trail, Apache Junction,
AZ.
Donna Carr, 2178VV.Virginia Street, Apache Junction, shared her appreciation to city staff for
addressing a previous concern regarding squatters near her residence. She also encouraged
more events to be held at the Rodeo Grounds, much like what is offered at the Superstition
Mountain Museum.
George Schroeder, 2444 W. Virginia Street,Apache Junction, stated there has been some effort
from city staff in addressing his neighborhood but much more needs to be done. He expressed
his comments are from his heart. He also commented on his frustration with the lack ufbuilding
permit enforcement in the City.
N. ADJOURNMENT
Mayor Wilson adjourned the meeting at7:5Vp.m.
City vr Apache Junction,Arizona pauem
City Council Meeting Meeting Minutes October 17,2023
ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS DAY OF 12023.
WALTER"CHIP"WILSON
Mayor
ATTEST:
JENNIFER PENA
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
day of , 2023. 1 further certify that the meeting was duly
called and held and that a quorum was present.
Dated this day of 2023.
JENNIFER PENA
City Clerk
City of Apache Junction,Arizona Page 11
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 3.
File ID: 23-580
Sponsor: Michael Pooley Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of procurement of police department drones from Gresco Supply
Inc., utilizing State Cooperative Contract#CTR065255, in an amount not to exceed $72,638,81.
This item was presented and discussed at the October 16, 2023 work session.
City of Apache Junction,Arizona Page 1 Printed on 111212023
Apache Junction Police Department
Memorandum
Date: September 21, 2023
To: Mayor Chip Wilson and City Council
From: Assistant Chief Johnny John
Subject: Purchase Request for Drones
____---------------------------___..........................................................................................................................................................................................................................................................................................
The Apache Junction Police Department (AJPD) is requesting approval to purchase
Drone Equipment for the Police, made by Gresco Supply. The Drones we own have
proven to be an invaluable asset for our community in several important areas. The
new Drones will enhance our capabilities in various critical operations as well as
providing more safety to our officers and the residents in Apache Junction.
Security for Large Crowded Events: Drones have become an indispensable tool for
maintaining security at large public gatherings and events. Their ability to provide
aerial surveillance and situational awareness is unmatched, allowing us to proactively
identify and respond to potential threats, ensuring the safety of attendees.
Search and Rescue Missions: The use of drones in search and rescue missions has
been nothing short of remarkable. These aerial devices have significantly reduced
response times and allow us to cover vast areas quickly. In missing person cases, the
drones have the ability to survey terrain that is otherwise difficult to access, helping us
locate individuals in distress or danger more efficiently.
Pursuit of Dangerous Subjects: Our officers face dangerous situations on a regular
basis, including pursuits of suspects who attempt to evade arrest. Drones equipped
with advanced technology can track fleeing individuals safely from the air, reducing
the risk to both officers and the public. This technology ensures that we can monitor
suspects from a safe distance while coordinating ground units for safer apprehension.
Search Warrant Missions: During search warrant missions, the use of drones has
proven invaluable in assessing the situation before officers enter potentially
hazardous environments. By providing a real-time aerial perspective, we can better
plan our approach and identify potential threats or individuals who may be hiding
within a property. This preemptive information significantly enhances the safety of our
officers.
The request is for the total amount of $72, 638.81, which includes a 10 percent
contingency fee, this purchase be funded through the Capital Improvement Projects
funding that was approved this fiscal year.
EQUIPMENT PURCHASE AGREEMENT WITH GRESCO, SUPPLY INC. FOR
POLICE
THIS AGREEMENT is made as of the day of October, 2023 (the
"Effective ") by and between the CITY OF APACHE JUNCTION, an Arizona
municipal ("City"), and GRESCO SUPPLY, INC., r ilimited
liability ion ("Supplier"), both of whichhereinafter referred
collectively i individually as a "Party".
RECITALS
A. City €res to retain a vendor to providei ,
Mavic 3T, and one (1) DJI Matriciavailable through
State Cooperative ( ii in the City'sFinance
Department)and to make payment for the same In accordance with the terms and
conditionst forth In this Agreement, Including l attachments and addenda
whichr Parties.
proceduresB. The open market " iabove
governmentalreferenced .
C. The Parties have set forth contemplatedices Supplier will
provide City, including i products.
AGREEMENT
NOW, THEREFORE, in considerationi l notede
covenantsmutual iivaluable
consideration,t r iency of which are hereby acknowledged,the
follows:Parties agree as
1. AGREEMENT: Supplier hereby sells, conveys, rCity
all rights, titleinterest In and unto the machinery, and other personal
property, hereinafter referred to collectivelyit in Exhibit
and shall install i t.
SUPPLIER'S2. Supplier shall provide, set up and provide
training € delivery i t it in Exhibit
A.
. COMPENSATION: In accordance with the terms and conditions
this Agreement, City shall compensate Supplier for Equipment and installation
thereofin an amount not to exceed Six Thirtyi 1 rEight
plus a 1 % contingency fee of SixHundred
Dollars i , r any change orders for a total of
HundredSeventy Two Thousand Six it Eight Dollars and EightyCents
(
4. I BILLING: Supplier shalli I t to
Sectionexceed ibillings within itcalendar
days f the date of receipt.
5. TERM/RENEWAL: The term of this Agreement starts on October 17,
aand ends on June , 2024.
• DELIVERY AND ACCEPTANCE: Upon acceptance City
possessionipment and after completed setup and training, City shall
have thirty1 ine such Equipment and its ! lit .
Should City have any productquality concerns, It II within thirty (30) calendar
days after installation ii l right for a full refund. Failure
notifyIf within iperiod I be deemed as acceptance
of the individual i t and Its functionally.
Shall7. WARRANTY: iperiod
year. (Warranty on file withi .
. Supplier, at its own expense, shall purchase and
maintain istipulated i insurance withlicensed,
possessingr ing of B++6, or approved unlicensedi
Arizonathe State of Iiies and forms satisfactory to City.
insuranceAll " ited herein shall be maintainedin full force and effect until all
installation itperformed
satIsfactorilyI ; failure to do so may, at the sole
discretionity, constitute a material breach of this .
Supplier's insurance shall be primaryinsurance as respects the City, and any
Insuranceself-insurance i i II not contribute to i .
Any failure to complyi ing provisions of the Insurance policies
r any breach of an Insurance policyr if not affect coverage afforded
under the insurance policiesCity.
The insurance policies, except Workers' Compensation, II contain a waiver
transfer rights of recovery(subrogation) i i , its agents,officers,officials
employeesand iarising r' mistakes,
omissions, .
The insurance policiesprovide i i iself-
insured retentions. deductible and/or self-insured retentions shall not be
applicable i respect to the coverage provided to City under such policies.
Supplier shall be solelyi tf / self-retention
City, at its option, may requiresupplier rdeductibles or
self-insuredi Irrevocable i i I letter
credit.of
City reserves the right to request and to receive, within working
certified copiesf any or all of the hereinitpolicies and/or
City shall not be obligated, y review r to advise
Supplier of any deficienciesin such policies
shallrelieveSupplier from, r iv i i i receipt
stricton
rli Supplier's i i this .
The insurance policies, except Workers' Compensation and Professional
Liability, required i ,shall name City, its agents,officers,officials
and employees as additional insured ! .
i
Commercial GenergLLighift
Suppliershall maintain Commercial General Liability insurance withlimit t
Iess than $1,000,000 for each occurrence with , Products/Completed
Operations ,000 General Aggregate limit. The policyl
include coverage for bodily injury, broad formrpersonal ! j ,
products and completed operationsI coverage including,
but not limited , the liabilitythe indemnification i
this Agreement, whichill be at least
Service , Inc. Policy00011093, or the equivalent .
Such policy shall contain a severabilityinterest provisionI not contain
provisiona sunset i , nor any provisioni v
to limit itd party actionv i .
The Commercial General Liabilityadditional Insured
broadleast as ice Office, I .' ! i I Insured, Form B,
equivalentCG 20101185, or the shall include yrSupplier's
operationsr operations.
If required by this.Agreement, if Supplier , services
operations, ier shall purchase and maintain, at alliduring prosecution
servicesof the work, i Supplier's iv
Liability licy for bodily injury and property damage, including ,
whichi In ' i r operations
under this Agreement. l n an occurrence basislimit t
policyless than $1,000,000 per occurrence, and the i be Issued by the same
insurance company that Issues Supplier'sCommercial General Liability
insurance.
Cvber Liabilitv
Cyber Liability insurance _with limits not less than $1,000,000 per occurrence or
claim, i , aggregate limit. Coverage shall be sufficiently broadto
respond to the duties and obligationsit undertaken by Consultantin this
Agreementand shall include, not limit , claims involving infringements
intellectual pro ert , invasion of priv c violations, information theft, damage t
r destruction of electronic information, release of private information, alteration
of electronic information, extortion and network securi . The policy shall provide
coverage for breach response cosh as well as regulatory fines and penalties.
If the Consultation maintains broader coverage an 1 r higher limits than the
minimumsshown above, the Customerr uie and shall be entitled to the
broader coverage and/or higher limits maintained by the Company. Any available
insurance proceeded in excess of the specified minimumlimits of insurance
coverage shall be available to City, Policy shall name City as an additional
insured.
Certificates Insurance
Prior to commencing wor or services under this Agreement, Supplier shall
furnish it it certificates of Insurance, or formal endorsements as required
the Agreement, issued by Supplier'sinurer( ), as evidence that policies
providing therequired coverages, conditions limits required y this
Agreement r in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction city
attorney'attorney's office, shall comply i e terms of thisAgreement, and shall be
issued anddelivered to The "City tt me ' Office, City of Apache Junction, 300
East Superstition Boulevard, Apache Junction, AZ 85119."
In the event any insurance oiici required ie Agreement are written
"claims made" basis, coverage shall extend fort o )years past completion an
acceptance fSupplier's r r services andevidenced n u I
certificates of insurance.
All certificates of insurance shaII be identified ith bid serial number and title.
policies or certificates and completed forms of City'si ion l insured
endorsement or a substantially equivalent insurance company form acceptable
to the city attorney) evidencing the coverage required this section shall be file
with the Cityn all include e City as an additional insured Party. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely respects r e by or on behalf of the named insured
r the City of Apache Junction, it is agreed a e City of Apache
4
Junctionits officers
_ are added as additional
insureds i policy."
requiredInsurance " ! shall not expire, be canceled, or materially
withoutit Iendar days' prior writtent .
APPLICABLE9. r ii i
Agreement shall be governed by and interpreted in accordance withlaws of
the State of Arizona. Any actionat law in equityt by either
purposer i rightor rightsi In this rshall be tried
in a court of competentjurisdictionin Pinal County, State of Arizona. Parties
hereby waive allprovisions ri i t a change of venue In such
proceedingt In the eventeither Party shall bringi
enforce any term of this Agreementto recover any damages for and on account
of the breach of any term or condition in thisAgreement, It Is t I
the prevailing r in such actionI ll costs Including: all litigation
appealand expenses, collectionI r
determinedwitness fees and court costs to be In i .
1 . TIME1S OF THE ESSENCE: Time Is the essence witht
provisions In is Agreement. Any delayIn performance by eithershall
constitutet i this .
1 . PROHIBITION TO CONTRACT WITHI I
BOYCOTT OF THE STATE OF ® The Parties -
r , which forbidspublic entities i
with anyone, or any business, in boycotts of the State of Israel.
Shouldli r or any of its subcontractorsi in any
againstsuch boycott Israel, this Agreement shall be deemed
automatically terminated ti of law. Any such boycott is a material
contract.breach of
12. CERTIFICATION PURSUANT TO A.R. In rwith
Arizona !sed Statutes § 35-394, Supplier hereby certifies
Supplier l Il not for the durationi
forced1) the labor of ethnicin the People'sRepublic China,
serviceslabor of ethnicin the People's
Republic i I ) any contractors or subcontractors
forcedi the forced labor of ethnic
Uyghurs in the People'sRepublic China. If liduring
term of this Agreement that Supplieris not in compliancewith isection, then
Supplierll notify the Citywithin ive (5) business days after becoming
of such noncompliance. If Supplier does not provide the Cityiwritten
certification ier has remedied such noncompliancewithin
eightyi !ng the Ci noncompliance, this
shall terminate, except that if the Agreement termination dater the
hundredend of such one i 1 ) day remedy period, this Agreement shall
terminate n such contract termination date.
13. CONFLICTST T®This Agreement is subject to, and may be
terminatedit in accordancei t nisi ns 1 ®
IN WITNESS WHEREOF the Parties r this Agr ementt
signedbe their duly authorizedtip this day of
GRESCO SUPPLY, INC.
p !i i liability
® -.. n
Its:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
y:
Its: Mr
TT
Jennifer Pena
City l rk
APPROVED AS TO FORM:
Richard J. tern
City Attorney
STATE � )
) Sys
CO U T 7 )
The foregoing asubscribed and sworn to before me this . '
day of 207 U-Sor
Gresco Supply, inc., a Georgia limited "liabW111c rp ra ion.
(tExpires:
to �a i
STATE _ )
)
COUNTYI L )
The foregoing wassubscribed n orn to beforei
day of , by Walter "Chip" Wilson, as Mayor of the City of
ApacheJunction, riz na, an Arizona municipal corporation.
Mary Public
My Commission ire :
7
Cr 0Quote
Faltered Date Taken By Customer 0 Order#
6129123 Ira 10419 10215685-00
PON Page
1
Bill To Ship To Remit To
CA EI- RE CO UAS SALES Apache Jtlr non Pc1,w.Dept GRESCO
1135 RUMBLE RD 1001 N Idaho Rd, FAO BOX 932916
F RSYTH,GA 31029- 350 Apache Juncsn,h,AZ 85119 ATLANTA.CA 31193 2919
ins coons
Ship Point Via Shipped Terms SIsRepInIOut
Gruscra-;rnnil Parts Best Way Upon Receipt (gra 1 h ag
Notes
OUOTE EXPIRATION,Ouota fs valid 60 days from'Entered
Dale'as shown above
FREIGHT:Complimentary ground shipping provided.
ARIZONA STATE CONTRACT NUMBER:CTRO65255
TOTAL DISCOUNT;$2,845,90
Litre Product and Description Order Oty UN Unit Price price Amount(Not)
Quantity LI
1 K J!a 30T 1.00 ea 9.63'T00 ea 9.15515
Drone Kit a atr.-e 30T
1 694156592 57 1 a00 EA
Caen 1 MATRICF 30T
1 694156527025 1,00 EA
Carry 2 DJI Care Enterprise Bas
1 6941566927620 2.00 EA
Corry 3 MATRICE 30 SERIES TB301
2 69415 5927 20 600 EA 32900 EA t B75 a0
MATRICE 30 SERIES 7830 I
ntelligent Fhght Better
3 6958265145827 200 EA 59.0% FA 112 r°
` 1337 Intelligent Battery
CrystlSky/Cendence RC
4 T-LP12 1.„00 EA 2.199 ! FA 208905
Cytop LP12 Searchlight&
Speaker,2in1 for M30
5 PC JI A 1,00 E.A. 499 00 FA 47405
DJI NIA TRICE 30 CASE
�;rga 1 cab's
Line Product and_Description '- rder
fflum.
Price.. Amount(Not)
`-- 6 64156530743® - -- ° ° 0 EA-® ® �----49,00 -®-9310-
MATRICE 30 SERIES 171 P
ropeller
7 LP3 1.00 69° 66.49
Headman Launch Pad '
Headman Drone Launch Pad 31
6 •ViR UAAL 7 INI IR T 1.00 6 .00 .00
Virtual Training for
nteprise Aircraft
Per Parson Fee-Order Quantity®Per Person
The virtual drone training program provided by Greece UAS
enables users to gain knowledge about their preferred drone
model through a comprehensive exploration of Its fundamental
and advanced functionali es,The program ters to users of
all proficiency levels and offers personalized training to
enhancetheir expertise and self®assurance for practical
drone usage.
9UAS-STARTUP-ENTERPRIBE 1,00 ,00 0,00
Start Up Services for
Enterprise Products
START UP SERVICES:Aircraft setup,activation,updates,
sting and ralibraflon,This service ensures the aircraft
is Ready-to-Fly( )upon deli
10 UAS UPPDRT TERPRWE1.00 EA 499,00 EA OAQ
Support Service for
Enterprise Products
Grescds AS Service Center Is staffed with cediffed repair
technicians and product specialists who are available for
any questions,troubleshooting,and other Wrcraft support
a needs,
Access to Gresco Support Representatives via email,chat
taxt,phone,and video conference,
1 Lirs®s To 1 ®fpl rder ` anti 1 . Subtotal 13,80.24
'total 16 054
gg 1 1S
t .;�.°.._.W. ;;�� .. ::-..�..�.._w�-.w. ...,. .�.....�.,_.. a 4.6�
Page 2 of 2
Quote
Entered Data Taken®y Customer if Order 11
62923 1 ra 7 4t 10215 79-0
PON Page
1
Bill To Ship To Remit To
CASH-GRESCO U S SALES Apache Junction Police Dept GRESCO
1135 RUMBLE RD 1 01 N ldabo Rd PO BOX 932916
FORSYTH,GA 31029-6350 Apache Junction,AZ 05119 ATLANTA,GA 31 1 93-291 5
Instri,ictions
Ship Point Via Shipped Terms Sidi® in/ ut
Gres Small Paris Bestway Upon Receipt uasl 1 uas1
Notes
QUOTE EXPIRATION arose as valid 60 days from"Entered
Date"as shown above.
FREIGHT,Complimentary ground shipping provided.
ARIZONA STATE CONTRACT NUMBER:CTRO65255
TOTAL DISCOUNT:$3,588.90
Line Product and Description Order Qty UNI Unit Price Price Amount(Net)
Quantity UM
i #C 1,00 EA 11.714(Y) E `1142:55
DJi Mairice 350 Kit
1 694156 961389 1.00 EA
Cam 1 Wince 350 RTK Crane Un
1 CP.QT 00008402.01 1.00 ea
Cam 2 DA Care Enterprise Basi
1 694156596014E 2,00 ea
Cam 3 T865 Intelligent Flight
69415 5960498 100 t
Com 4 BS5 Intelligent Battery
2 6958265100970 1 q0 EA 9,809.00 EA 9°319 55
Zenmuse H2OT( PI
3 CP, Tm00003299.01 1,10 EA 0.00 EA 0,`AA)
DJI Care Enterprise
Basic Zenmuse H2OT
4 6941565960146 6,00 are 700.00 ea 1990.00
65 Intelligent Flight
Battery
Una Product and Di6cription Order QtYUM, tart rise Price uount(Net,
. cant w UNf
®5 94156 4695 - --® `-1.00 ®- 1.600.004 1,520.00
s GJI RC Plus
® = __
& G P. T,000024li7,01 1,00 2 500 00 2,3T5.0b '
ingslan iS Gimbal
Spotlight �
T Sa •T ( ®Ai C y
1.00 899.00 ,
In a on T fining for
grate rise rcratt
Per P n Faa-Crder uanU =Par Person
Gresco UAS offers in-person drone training for beginner and
ad n d ptiots,Conducted by axparien d Istnr ,the j ,
hands-on ira[ning vers regulations,staty,(light �
planning,operations,and aintananCe.Participants learn
about their different drone el(s),s sor(s),and
payiood(s)and can customize the training to their needs.
e program provides certificate at completion and equips j
participants with the skills to operate drones safely and
confidently.
8 U iA R TU G ,_
RJSE
Start Up Services for 1°00 699.00 I—Ek— 0.00 i
Enterprise Products
STARTUP SERVICES:A!rcraft setup,activation,updates,
testing and calibration.This service ensures the aircraft
is Ready4o-Fly( TF)upon delivery.
"
UA -S P T P.. E 1.00 499.00 EA 0.00
Support Service for ,
Enterprise Products
Gresoo's UAS Service Center is staffed with cerdfled repair
technicians and product specialists who are ava:able for
any questions,troubleshooting,and other aircraft support l
# needs.
I Access to Gresco Support Representatives via email,chat,
text,phone,and video conference.
10 = U • T - iT
L00 Y,E100.00 EA ,_ ...._ ®80.40
C tomized UAS Kit
10 ; BQ QQ7 1,00
Cam 1 Multi Nomad Case 4
10 , 2 900 2,00
Coal2 Nomad 360Scene
s
10 200-40 0_102 2,00 .-row .° . w-v .. - ..- . ._.
Co Nomad NOW Scene lPub°
om 4 ' o 2 Drone Light
foatrice and inspire Series
10 ;T00-315
Corn 5 D104R
10 0-31 -. .
0D EA
m 6 DIO Drone Light I
Cor 7 D3060
7 Light
Page 2 or 3
Line Product and L1scrllitE6nq " r ,r tyUMa a Urn Prt` Prt � rnaunt{ �t}
h9
S®CUS — .�sso,oa _ u _ -- z;sso.o®_
Customized HAS
1t 6Q a07 1,00 fA
Cam 1 Mold Nomad Casa
11 200-9TS5 100 as
Corn 2 Nomad"T56 Production
11 200-SP56 1.a0 �a
Com 3 Nomad P56 Production
11 2 5 10®0
Cars 4 Named N56 Production
11 WO45 1.00 ea
Cora 5 Puck Adaptor
11 360-6T - LIR 1.00
Cara 6 t3T2+Black Hybrid Ught
11 700-300C 2.00
Corn 7 RUGO
9 t Ltnas C�#a! tafat ed�C quantity 16.OQ tJbt�fat 34,Q6.10
4
( Taxes 2,914.46
g Total 38,980m
Page 3 of 3
Entered ate Taken By Customer N Order
6129123 jgaa 10419 10215659-00
PC# Page
i
Bill To Ship To Remit To
CASH-GRESC®UAS SALES Apache Juncddn Pol cc 13ept GRESCO
1135 RUMBLE RD 1001 N Idaho Rd PO BOX 93291
FO SYTH,(.A 31029-6350 Apache Junction AZ85119 ATLANTA,GA 3'1 3.2913
Instructions
Ship Palen Vie Shipped Terms le a ln/ ut
Gres rmall Parts Best Way Upon Receipt jgra a hwag
Notes
QUOTE EXPIRATION Quote is ve id 60 days from"Entered
Dale'as shown above:
FREIGHT:Complimentary ground shipping provided.
ARIZONA STATE CONTRACT NUMBER,CTRO65255
TOTAL DISCOUNT,$3.037.49
Line Product and Description Order Oty UM Unit Price Price A o nt( et)
Quantity LI
1 CB.20220923039S 2,00 EA 5498,00 EA 10.446,20
Movie 3 e al(SP)
1 69415659 191 2,00 EA
Com 1 Mavic 3 Thermal(NA)
1 69415 5 3736 2, .rEA
Com 2 LUI Care Enterprise
2 6941565944825 2,00 EA 65900 EA 1,252 10
avic 3 Eras,Series
-PART 05-Battery Kit
DJi Mavic 3 Intelligent Flight Battery=3
DA Mevic3 Battery Charging Flub(100 ) 1
3 6941565944795 2.00 EA 159 0' EA 302 10
3E Series-PART 02-
Speaker
4 ICR S -32G -U3 2 00' EA 29,00, EA 55:10
32GB hlocroSU Card U3
5 CP.MA.00000423.01 4.00 EA 209,901 EA 83600
Jl Mavic 3 Intelligent
Flight Battery
Visage 7 W 2:.
I.inq Product and Description' nit_ rI a rice Amount(Not)
. _ ®. , , � , mm . 'A= , 'Quantitya .. m. _ i!200
UP.E Start Services for
Enterprise Products
START UP SERVICES: rcraft setup,activation,updates,
testing and calibration.This service ensures the aircraft
Is a dy-lo- ly( TF)upon delivery,
7 l9 P I Z•00 4 .0 O.OD
Support Service for
Enterprise Products
Gres ®s UAS Service Center Is staffad with cartified repair
technicians and product specialists who are available for
any questions,troubleshDoffng,and other aircraft support
needs.
Access to GrescoSupport Representatives via email,chat,
text,phone,and video conference.
Lines Total Total Order Quantity 16,00 Subtotal 12,891.
Taxes 1,tD0. 0
Total 14,00
Pogo 2 of 2
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
File ID: 23-581
Sponsor: Doug Wirthgen Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of procurement of council chamber audio/visual upgrade from
Conference Technologies, Inc., utilizing the Interlocal Purchasing System ("T.I.P.S")
cooperative contract#200904, for a total amount not to exceed $54,219.61. This item was
presented and discussed at the October 16, 2023 work session.
City of Apache Junction,Arizona Page 1 Printed on 111212023
EQUIPMENT PURCHASE AND INSTALLATION AGREEMENT WITH
CONFERENCE TECHNOLOGIES, INC. FOR COUNCIL CHAMBER AUDIO/VISUAL
UPGRADE
October
THIS AGREEMENT is made as of the 3rd day of #4evember 2023 (the
"Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation ("City") and CONFERENCE TECHNOLOGIES ("CTI"), INC.,
a Missouri corporation, ("Supplier" or "CTI"), both of which may be hereinafter
referred to collectively as the "Parties".
RECITALS
A. City desires to retain a supplier and installer for its council chamber
audio/visual ("AV") upgrade available through The Interlocal Purchasing System
("T.I.P.S.") Cooperative Contract No. 200904 (on file in the City Finance
department) and to make payment for the same in accordance with the terms and
conditions set forth in this Agreement, including all attachments and addenda
which are appended hereto by mutual agreement of the Parties.
B. The open market procedures have been satisfied to the extent they
apply.
C. The Parties have set forth below contemplated services Supplier will
provide City including payment terms for such services and products.
AGREEMENT
NOW, THEREFORE, in consideration of the Recitals noted above, the
mutual covenants and conditions below, and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the
Parties agree as follows:
1. AGREEMENT: Supplier hereby sells, conveys and transfers to City all
rights, title and interest in and unto the machinery, equipment and other personal
property (hereinafter referred to collectively as Equipment) detailed in Exhibit A.
2. SUPPLIER'S DUTIES: Supplier shall provide and install the
equipment and make delivery as detailed in Exhibit A, which shall be no later than
June 30, 2024, and be operating to city's satisfaction by such date. Failure in
operability shall result in a full refund to City by July 30, 2024.
3. COMPENSATION: In accordance with the terms and conditions of
this Agreement, City shall compensate Supplier for Equipment in an amount not
to exceed Fifty Four Thousand Two Hundred Nineteen Dollars and Sixty One
Cents ($54,219.61), in accordance with the specifications set forth in Exhibit A.
4. SUPPLIER BILLING: Supplier shall bill City a total amount not to
exceed Section 2 above. City shall pay such billings within thirty (30) calendar
days of the date of receipt.
5. TERM/RENEWAL: The term of this Agreement starts on November 7,
2023 and ends on June 30, 2024.
6. DELIVERY AND ACCEPTANCE: Upon acceptance by the City taking
possession of the Equipment and after completed installation. City shall have
thirty (30) calendar days to examine such Equipment and its functionality. Should
City have any product quality concerns, it shall within thirty (30) calendar days
after installation have the unconditional right for a full refund. Failure to notify
Supplier within this period of any concerns shall be deemed as acceptance of the
individual Equipment and its functionality.
7. WARRANTY: Supplier shall guarantee the Equipment against
defective workmanship or materials for a period of 1 year as detailed in Exhibit A.
8. INSURANCE: Supplier, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Supplier'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.
Supplier shall be solely responsible for the deductible and/or self-retention and
City, at its option, may require Supplier to secure payment of such deductibles or
2
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
Supplier of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Supplier from, or be deemed a waiver of, City's right to insist on
strict fulfillment of Supplier's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers, officials
and employees as Additional Insureds.
REQUIRED COVERAGE
Supplier 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 the equivalent thereof.
Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any provision which would serve
to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
CG 20101185, or the equivalent thereof, and shall include coverage for Supplier's
operations and products and completed operations.
If required by this Agreement, if Supplier sublets any part of the work, services or
operations, Supplier shall purchase and maintain, at all times during prosecution
of the work, services or operations under this Agreement, an Owner and
Supplier's Protective Liability insurance policy for bodily injury and property
damage, including death, which may arise in the prosecution of Supplier'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 Supplier's Commercial
General Liability insurance.
3
Automobile Liability
Supplier 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 Supplier's owned, hired, and non-
owned vehicles assigned to or used in performance of Supplier's work. Coverage
will be at least as broad as coverage code 1, "any auto", (Insurance Service
Office, Inc. Policy Form CA 00011293, or the equivalent 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
Supplier shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Supplier'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, Supplier certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-901 etseq.
which requires every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance
with the provisions of this chapter, and I will comply with such
provisions before commencing the performance of the work of this
Agreement."
If Supplier has no employees for whom workers' compensation insurance is
required, Supplier shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Supplier employs any
employees subject to coverage.
In case any work is subcontracted, Supplier will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least the
same extent as required of Supplier.
4
Professional Liability
Consultant retained by City to provide the work or service required by this
Agreement will maintain Professional Liability insurance covering acts, errors,
mistakes and omissions arising out of the work or services performed by
Consultant, or any person employed by Consultant, with a limit of not less than
$1,000,000 each claim.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Supplier shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Supplier's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of Supplier's work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
9. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
5
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 attorney fees, necessary
witness fees and court costs to be determined by the court in such action.
10. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
11. PROHIBITION TO CONTRACT WITH SUPPLIERS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393
through 35-393.03, as amended, which forbids public entities from contracting
with Suppliers who engage in boycotts of the State of Israel. Should Supplier
under this Agreement engage in any such boycott against the State of Israel, this
Agreement shall be deemed automatically terminated by operation of law. Any
such boycott is a material breach of contract.
12. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance with
Arizona Revised Statutes § 35-394, Supplier hereby certifies and agrees that
Supplier does not currently and shall not for the duration of this Agreement use:
1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any
services or goods produced by the forced labor of ethnic Uyghurs in the People's
Republic of China, and/or 3)any suppliers, contractors or subcontractors that use
the forced labor or any services or goods produced by the forced labor of ethnic
Uyghurs in the People's Republic of China. If Supplier becomes aware during the
term of this Agreement that Supplier is not in compliance with this Section, then
Supplier shall notify the City within five (5) business days after becoming aware
of such noncompliance. If Supplier does not provide the City with written
certification that Supplier has remedied such noncompliance within one hundred
eighty (180) days after notifying the City of such noncompliance, this Agreement
shall terminate, except that if the Agreement termination date occurs before the
end of such one hundred eighty (180) day remedy period, this Agreement shall
terminate on such contract termination date.
13. 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.
6
IN WITNESS WHEREOF the Parties hereto have caused this Agreement to
be signed by their duly authorized representative as of this 3rd day of Nuvember
2023. October
SUPPLIER:
CONFERENCE TECHNOLOGIES, INC
a Missouri Corporation.
By: Dan Bunyard
Its: CFO
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter"Chip" Wilson
Its: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
7
STATE OF Ohio )
) ss.
COUNTY OF Wood )
The foregoing was subscribed and sworn to before me this 3rd
day Of October , 2023 , by DAN BUNYARD as CFO Of
Conference Technologies, Inc. a Missouri corporation.
ir
Notary Public
My Commission Expires:
05/21/2027
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this
day of , 20 , by Walter "Chip" Wilson as Mayor of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
8
EXHIBIT A
LCTi
N M
DATE
Wednesday, 09 August 2023
PREPARED BY
Catherine Romano
Design Consultant
Scope of Work
Proposal Number: J23170073
Proposal Date: 8/9/2023
Prepared for: Apache Junction Council Chamber
Attn: Doug Wirthgen Prepared by: Catherine Romano
Phone: (480) 474-5147 Phone: 480-360-6674
Email: Email: Catherine.Romano@cti.com
dwirthgen@apachejunctionaz.gov
Bill to: Apache Junction Council Chamber Ship to:Apache Junction Council Chamber
300 East Superstition Blvd. 300 East Superstition Blvd.
Apache Junction, AZ 85119 Apache Junction, AZ 85119
Project Objective
Conference Technologies (CTI)to provide an easy to use and dependable solution for the
courtrooms that will encourage users to use the technology. The system should also provide the
ability to scale as needed in the future to allow new audio and video devices or sources to be added
as required with minimal cost and disruption to the existing system.
Display System
Existing displays mounted on the walls will be integrated into the system. They will be able to display
content and far end participants.
Video System
(4) existing cameras will be integrated into the system.
The existing plates will be removed and replaced with HDMI Network plates.
A Teams Room System will be installed and will require G Teams Room License. This unit will b8
installed in the back room.
The PC and the document camera 3t the lectern will b8 integrated into the system and allow content
being shared tObe viewed by the far end OO the teams call.
Audio System
Existing gooseneck microphones will b8 integrated into the system.
Existing speakers UO the dais and gallery will b8 integrated into the system.
(1) D@P (digital SigD@| prOC8SSOr)will be iOSt8||8d to provide audio rOUUDg and COOtrO|. The SyS[8Oo
includes echo cancelation for audio conferencing along with a VolP interface
New amplifiers will replace the existing CnDvvn amplifiers.
Obsolete equipment will be removed from the rack.
Control System
/1\ 7" b]UCh panel will be installed in the b8Ch nDO[D to provide/\V COOtn]| of the n]O[D including
volume control and diSp|@yOO/0ff.
(1) 1O'' touch panel will be installed Gt the clerk area. Custom controls will be discussed prior tO
unaite installation.
Rack
Additional rack equipment will be installed inside the existing rack
VVVVVV�T} �OK�
CONFIDENTIAL 480-816-7528 1 , � 128170073 i 2
220 N William Dillard DrBi|be�l.AZ85233
Your Investment
Below is the cost of this solution based on the outlined scope of work. If you have
questions about the complete solution, please let us know how we can help align this
investment with additional needs or changes in scope.
Proposal Summary
Equipment $26,896. 66
Implementation Services (Labor, Programming, $21,825.32
Commissioning, Training, Installation Materials
Freight $1,479.30
CTI Complete (1 Year) $2,158.45
Subtotal $52,359.43
Tax 1,860.18
g •
Recommended
I! e 1 4
2 Additional Years CTI Complete Service Agreement $4,316.90
4 Additional Years CTI Complete Service Agreement $8,633.79
Down Payment Requirements
Down payment of 60% required to initiate order.
TIPS CONTRACT
;Ti Contract Number: 200904
CONFIDENTIAL 4 0- 16-7 6 1 WA/WCRCOM J23170073 3
220 N William Dillard der Gilbe ,AZ 85233
Why Us .?
Our CTI Complete service is there for you 24/7 through our dedicated CTI Care
customer experience team. Through on-site technical service, recommended
programming upgrades, and quarterly reliability checks, your system is covered for the
unexpected, as well as planned maintenance. Your teams will be trained to operate
equipment with confidence. When critical meetings arise, we help ensure system
performance with proactive system testing and an on-site checklist, so your systems will
be ready when it matters most. Our managed services staff does more than diagnose
and repair failures, they help plan for system life cycles.
CTI Complete
a
n,
mo
220 N William Dillard Dr Gilbeill AZ 85233
Bill of Materials
Council Chamber Upgrade
s a
Video Systems Equipment: $11,961.85
AN Encoder, 4K UHD over
IP cinema quality ultra-low
latency visually lossless
Visionary switch matrix routable, with
Solutions E4200 built-in video wall 1 $969.51 $969.51
functionality, Expansion
Ethernet Port; POE+;
Upgradeable to
AES67/Dante
A/V Encoder, 4K UHD over
IP cinema quality ultra-low
Visionary E4100 latency visually lossless 2 $725.61 $1,451.22
Solutions switch matrix routable, with
built-in video wall
functionality; POE
A/V Decoder, 4K UHD over
IP cinema quality ultra-low
Visionary D4100 latency visually lossless 6 $725.61 $4,353.66
Solutions switch matrix routable, with
built-in video wall
functionality; POE
A/V Encoder(Wall Plate), 4K
UHD over IP cinema quality
Visionary DuetE-WP-H- ultra-low latency visually
Solutions WHITE lossless switch matrix 2 $1,310.98 $2,621.96
routable, with built-in video
wall functionality; POE;
AES67/Dante, HDMI Only
USB 2.0/3.0 DONGLE, 1-
Magewell 32060 channel HDMI. Plug and 1 $273.17 $273.17
Play. Windows/Linux/Mac.
BMD-
Black Magic CONVBDC/S Micro Converter BiDirect 1 $77.07 $77.07
Design DI/HDM103G/ SDI/HDMI 3G PSU
PS
Logitech TAP Solution for
TAPMSTBAS Microsoft Teams Rooms-
Logitech EINT Base Bundle (Intel NUC, 1 $2,147.94 $2,147.94
Base/ No A/V)A -
TAPMSTBASEINT
Audio Systems Equipment; $10,613.41
1/2 RU 2 Channel ENERGY
QSC SPA2-60 STAR amplifier/Stereo 1 $515.85 $515.85
operation 60 watts into 8. &
4?, Bridged operation 200
CONFIDENTIAL 480--816--7526 1 WWW,CTLC0M J23170073
220 N William Dillard Dr G lbe�l,AZ 85233
480-818-7528 1 VVVVVVCT| COM
CONFIDENTIALJ2317QO73 6
Standard Disclaimer
CTI provides for twelve (12) months of CTI Complete on all system purchases. CTI warrants the
system implemented is free from defects in material and workmanship, in accordance with the
contract, drawings, specifications, alterations and additions thereto, for a period of twelve (12)
months from the date of commencement of use, substantial completion, or date of notice of
completion, whichever occurs first. This coverage does not protect against consumables, severe
weather, and acts of God.
Terms
Terms are NET 30 with approved credit. For orders that exceed ten thousand dollars; 60% to
initiate order, 40% upon completion. Payments made by credit card are subject to a 3.0% fee.
All applicable taxes are the responsibility of the purchaser and will be added to the final invoice.
Any cancelled orders or returns are subject to manufacturer acceptance; shipping and restocking
fees may apply. This proposal is valid for fourteen (14) days.
Installation Description and Requirements
Provided by CTI: If installation is purchased, CTI will install all A/V components. CTI will also
perform all programming, alignments, and end-user training. CTI will provide A/V project
management, and provide drawings as required. This install price assumes a Monday through
Friday 8:00am to 5:00pm install time. Room availability must be in consecutive 8-hour blocks.
Any required changes or rushes may affect the final price.
Provided by Others
Electrical requirements are to be provided by others unless specifically included in CTI Scope of
Work.
Statement
This system proposal is the property of CTI and is delivered with the sole intent of being viewed
by management of Apache Junction Council Chamber for evaluation purposes only. This
proposal or any part of this proposal is not to be presented to, or viewed by any other party,
vendor or CTI competitor without the written consent of CTI Any effort to do so will be considered
a violation of copyright law.
CTI PROCESS:
PO Received
Sent for processing internally
Engineering creates drawings (2 weeks)
Equipment is ordered
Receive equipment lead times
Provide timeframe for client
CTI currently works off an equipment list to receive in under 90 days.
CTI's schedule depends on the council schedule and cannot define an end date until equipment
is ordered. Project management team will then discuss i the council schedule to determine the
best time to take the council chamber down.
CONFIDENTIAL 80-- 1 -7 x76 1 WWW.CTLCOM J2 1 0073 7
Next Steps
1. Upon Notice to Proceed, CTI will begin executing the project plan with an internal
handoff of the project to our operations team.
2. If you have questions about the process as we move forward, please contact me at
Catherine.Romano@cti.com or 480-360-6674.
3. You will be contacted by a CTI Project Manager to schedule a project kickoff meeting
to review the project scope and schedule.
CONFIDENTIAL 480-816-7526 1 13vW1stt1,CTLC 3M .123170073 1 8
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
File ID: 23-604
Sponsor:Ted Wolff Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of entering into a contract with Weems Asphalt for the reconstruction
of the City's Fuel Island pavements. The work would be through Maricopa County cooperative
contract No. 210166-S in the amount of$126,674.98 plus a 10% contingency for unforeseen
change orders in the amount of$12,667.49 for a total not to exceed $139,342.47. Work will
result in new concrete surfaces to replace the current surface in very poor condition. Work is
planned within the November 2023 to January 2024 timeframe.
City of Apache Junction,Arizona Page 1 Printed on 111212023
Public Works Department
Home of'the Superstition Mountains
.ter.
Date: October 23, 2023
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Ted Wolff, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Contract Award for Project# HFS23-05
City staff respectfully requests city council consideration of award of contract to Weems Asphalt
for project no. HFS23-05 for the reconstruction of City's Fuel Island pavements for a not to
exceed amount of $139,342.47. Work would result in the reconstruction of cement and asphalt
concrete that surrounds the fuel island currently in very poor condition. The work will result in
access restrictions to the facility for three weeks, but no closure is anticipated. Work is planned
within the November— February 2023-24 timeframe.
This item was brought before the council for presentation and discussion on October 16, 2023.
575 E. Baseline Avenue, Apache Junction, AZ 85219
Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005
CITY OF APACHE JUNCTION
CONSTRUCTION AGREEMENT
PROJECT NO.: HFS23-05
"Fuel Island Repave"
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and WEEMS
ASPHALT, an Arizona limited liability company, ("Contractor"), sometimes
collectively referred to as the "Parties" or individually as the "Party".
RECITALS
A. Contractor asserts its willingness, ability and qualifications to provide
the services and infrastructure (the "Work") called for in Maricopa
County Cooperative Contract No. 210166-S and Contractor's Estimate
(attached hereto as Exhibit A) dated August 11, 2023 (the "Contract
Documents").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor
shall render such Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code
Vol. 1, Chapter 3, Administration, Article 3-7, Procurement
Procedures, or such work is categorically exempt from such process.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the Work in accordance with the terms and conditions set forth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause
to be done and performed in a good workmanlike manner, the Work set forth in
accordance with and as more fully described in the Contract Documents.
2. PAYMENTS & COMPLETION: The total amount payable by the City
to the Contractor is an amount not to exceed One Hundred Twenty-Six Thousand
Six Hundred Seventy-Four Dollars Ninety-Eight Cents ($126,674.98) (the
"Contract Sum") for the performance of the Work under the Contract Documents
except for changes authorized by properly executed change orders. All
contracts will be operable for their full term at the rates quoted in the initial bid
proposal, unless otherwise extended in writing by the City. Upon notice that the
Work is ready for final inspection or acceptance, a City representative shall
promptly cause an inspection to be made. Once City finds the Work acceptable
under the Contract Documents, City shall promptly submit for processing a
certificate for payment stating that, to the best of its knowledge, information and
belief on the basis of its observation and inspection, the Work has been
completed in accordance with the terms and conditions of the Contract
Documents and that partial payment or the entire balance due the Contractor is
payable. Final payment shall not become due until the Contractor submits to the
City all required lien waivers, releases and any other data establishing payment
or satisfaction of all Contractor's obligations. If any subcontractor refuses to
furnish a release or waiver required by City, Contractor may furnish a bond to
indemnify City against any such lien. If any such lien remains unsatisfied after
all payments are made, Contractor shall refund to City all monies that the latter
may be compelled to pay in discharging such liens, including all costs and
reasonable attorney fees.
3. CONTRACT TERM: Upon Notice to Proceed given by the City,
Contractor shall begin Work no sooner than October 16, 2023, and shall
complete it no later than January 20, 2024. This provision does not limit the
liability of Contractor for actual damages sustained by City as a result of any
breach of contract or warranty by Contractor. Extensions may be approved at
times as the Parties mutually deem fit.
4. LABOR AND MATERIALS: Unless otherwise provided in the Contract
Documents, Contractor shall provide, pay for and insure under the requisite
laws and regulations all labor, materials, equipment, tools and machinery,
water, heat, utilities, transportation, other facilities and services necessary for
the proper execution and completion of the Work, whether temporary or
permanent, and whether or not incorporated or to be incorporated in the Work.
5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and
agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion, whether the Work has been performed in accordance with the
Contract Documents. Contractor further agrees to make such corrections to
the Work as may be directed by City to conform to said Contract Documents
without requirement of a change order or any additional charge or cost to City
whatsoever.
6. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective work
or materials at the time of construction shall not be deemed an acceptance and
Contractor will be required to correct defective work or materials at any time
before final acceptance. Within one (1) year from the date of final acceptance
due to faults in workmanship or materials, Contractor shall begin making the
2
necessary repairs to the satisfaction of City within fourteen (14) calendar days
of receipt of written notice from City. Such work shall include the repair or
replacement of other work or materials damaged or affected by making the
above repairs or corrective work all at no additional cost to City. In the case of
Work materials or equipment for which warranties are required by the special
provisions of the Contract Documents, Contractor shall provide or secure from
the appropriate subcontractor or supplier such warranties addressed to and in
favor of City and deliver same to City prior to final acceptance of the Work.
Delivery of such warranties shall not relieve Contractor from any obligation
assumed under any other provision of the contract. The warranties and
guarantees provided in this subsection shall be in addition to and not in
limitation of any other warrantees, guarantees or remedies required by law, and
shall survive the expiration of this Agreement for the time period mentioned
above.
7. TAXES: Contractor shall pay all license, sales, consumer,
transaction privilege, use and other similar taxes for the Work or portions
thereof provided by Contractor which are legally enacted at the time bids are
received whether or not yet effective or subsequently applicable due to acts of
jurisdictions or bodies other than City.
8. PERMITS & FEES: Unless otherwise provided in the Contract
Documents, Contractor shall secure and pay for all permits, government fees,
licenses and inspections necessary for the proper execution and completion of
Work which are customarily secured after execution of the contract, and which
are legally required. Contractor shall give all notices and comply with all laws,
ordinances, rules, regulations and lawful orders of any public authority bearing
on the performance of the Work. City permits for this Work will be provided to
Contractor at no cost. Contractor represents and warrants that any license
necessary to perform the Work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees to obtain a
business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1,
and keep such license current during the term of this Agreement and after
termination of this Agreement any time work is performed pursuant to the
warranty provisions set forth in Section 6. Contractor also acknowledges that
the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply
and if so, shall obtain a transaction privilege license and/or other licenses as
may be required by the city code. Any activity by subcontractors within the
corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and
all applicable licenses. Further, Contractor agrees to pay all applicable
privilege and use taxes that are applicable to the activities, products and
services provided under this Agreement.
3
9. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent contractor. Contractor's employees shall under no circumstances
be considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes or provide workers'
compensation or unemployment insurance for or on behalf of them or
Contractor. Contractor shall supervise and direct the delivery of the materials
using its best skill and attention. Except as provided in this Agreement,
Contractor shall be solely responsible for all construction means, methods,
techniques, sequences and procedures, and for coordinating all portions of the
Work required by the Contract Documents. Contractor shall be responsible to
City for the acts and omissions of its employees, subcontractors and their
agents and employees and other persons providing any of the materials under
any contract document.
10. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the
progress of the Work. The superintendent shall represent and be the community
agent of Contractor and communications given to the superintendent shall be as
binding as if given to Contractor. Important communications shall be confirmed
in writing. The designated superintendent shall be designated for each project
and communicated to City before work is performed.
11. PROGRESS SCHEDULE: Contractor shall, immediately after
entering into this Agreement, generate an estimated progress schedule, which
shall be maintained and updated during the project. Work may progress during
regular City business hours only if it is determined by City not to disturb normal
operations.
12. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its elected and
appointed officers, officials, agents, and employees from and against any and all
liability including but not limited to demands, claims, actions, fees, costs and
expenses, including reasonable attorney and expert witness fees, arising from,
or alleged to have arisen from, relating to, arising out of, or alleged to have
resulted from the acts, errors, mistakes, omissions, Work or services of
Contractor, its agents, employees, or any tier of Contractor's subcontractors in
the performance of this Agreement, but only to the extent caused by the
negligence, recklessness or intentional wrongful conduct of Contractor or its
subcontractors in the performance of the Work under this Agreement or any
subcontract. Contractor's duty to defend, hold harmless and indemnify City, its
special districts, elected and appointed officers, officials, agents, and
employees shall arise in connection with any claim, damage, loss or expense
that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom,
caused by an Contractor's acts, errors, mistakes, omissions, work or services in
4
the performance of this Agreement including any employee of Contractor, any
tier of Contractor's subcontractor or any other person for whose acts, errors,
mistakes, omissions, Work or services Contractor may be legally liable, but only
to the extent caused by the negligence, recklessness or intentional wrongful
conduct of Contractor or any tier of Contractor's subcontractors or any other
person for whose acts, errors, mistakes, omissions, Work or services
Contractor may be legally liable in the performance of the Work under this
Agreement or subcontract. The amount and type of insurance coverage
requirements set forth herein will in no way be construed as limiting the scope
of the indemnity in this paragraph. The rights and obligations under this Section
shall survive termination of this Agreement.
13. SUBCONTRACTORS: All subcontractors chosen by Contractor will
be subject to City's approval. All subcontractors shall be identified by
Contractor prior to award of contract. Contractor shall make no substitutions
for any subcontractor, person or entity previously selected without the approval
of City.
14. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing Party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
Work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
5
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, Work or service.
The insurance policies may provide coverage which contains deductibles or
self-insured retentions. Such deductible and/or self-insured retentions shall not
be applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self retention
and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from, or be deemed a waiver of, City's right
to insist on strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
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 the equivalent thereof.
Such policy shall contain a severability of interest provision and shall not contain
a sunset provision or commutation clause, nor any provision which would serve
to limit third party action over claims.
6
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, or the equivalent thereof, 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
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
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 the equivalent
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. § 23-901 et seq.
which requires every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of this chapter, and I will comply with such provisions before
commencing the performance of the Work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
7
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
In case any work is subcontracted, Contractor will require subcontractors to
provide Workers' Compensation and Employer's Liability insurance to at least
the same extent as required of Contractor.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney's Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ, 85119.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion
and acceptance of Contractor's Work or services and as evidenced by annual
Certificates of Insurance.
If a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
"Solely as respects work done by or on behalf of the named insured for
the City of Apache Junction, it is agreed that the City of Apache Junction
and its officers and employees are added as additional insureds under
this policy."
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by a City representative, issued after execution of this construction
agreement authorizing a change in the Work or an adjustment in the
construction agreement sum or the construction agreement time. A change
8
order signed by Contractor indicates his agreement therewith. City may,
without invalidating this construction agreement, order changes in the Work
within the general scope of this construction agreement consisting of additions,
deletions or other revisions, the construction agreement sum and the
construction agreement being adjusted accordingly. All such changes in the
Work shall be authorized by Change Order and shall be performed under the
applicable conditions of this construction agreement. City representative shall
have authority to order minor changes in the Work not involving an adjustment in
the construction agreement sum or extension of construction agreement time
and not inconsistent with the intent of this construction agreement. All such
changes shall be affected by written order and shall be binding upon City and
Contractor.
17. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to all
covenants, agreements and obligations contained in the contract documents.
Neither Party to the contract shall assign the contract or sublet it as a whole or
delegate the duties hereunder, without the written consent of the other, nor
shall Contractor assign any monies due or to become due to it without the
previous written consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been
duly served if delivered in person to the individual or member of the firm or
entity, or to an office of the corporation for whom it was intended or if delivered
at or sent registered or certified mail, return receipt requested, and first-class
postage prepaid to the last business address known to them who gives the
notice.
19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer
injury or damage to personal property because of any act or omission of the
other Party or of their employees or agents for whose acts they are legally liable,
claims shall be made in writing to such other Parties within a reasonable time
after the first observance of such injury or damages.
20. PAYMENT & PERFORMANCE BONDS: City shall have the right to
require Contractor to furnish bonds covering the faithful performance of the
contract and the payment of all obligations arising hereunder.
21. SAFETY: Contractor and/or its subcontractors shall be solely
responsible for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
9
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them
under the contract, nor shall any action or failure to act constitute an approval
of or an acquiescence to any breaches hereunder except as may be specifically
agreed to in writing.
23. FORCE MAJEURE: Neither City nor Contractor, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an "Enforced Delay") due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Contractors, subcontractors, vendors
or investors desired by Contractor in connection with the obligations under this
Agreement. Contractor agrees that Contractor alone will bear all risks of delay
which are not Enforced Delay. In the event of the occurrence of any such
Enforced Delay, the time or times for performance of the obligations of the Party
claiming delay shall be extended for a period of the Enforced Delay; provided,
however, that the Party seeking the benefit of the provisions of this Section
shall, within thirty (30) calendar days after such Party knows or should know of
any such Enforced Delay, first notify the other Party of the specific delay in
writing and claim the right to an extension for the period of the Enforced Delay;
and provided further that in no event shall a period of Enforced Delay exceed
ninety (90) calendar days.
24. TERMINATION BY CITY:
A. TERMINATION BY CITY: City shall be permitted to terminate this
Agreement if in the discretion of the city manager or his or her designee,
believes Contractor has failed to meet the terms of this Agreement. City shall
provide Notice of Termination to Contractor by Certified U.S. Mail ten (10)
calendar days before such termination takes effect.
B. TERMINATION BY CONTRACTOR: Contractor may terminate
this Agreement if City fails to make payment as agreed upon in this document.
Any other termination will be deemed a breach of contract by Contractor.
10
Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten
(10) calendar days before such termination takes effect.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement and shall make such records available during that
retention period for examination or audit by City personnel during regular
business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration
or variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the Parties hereto, and that oral understandings
or agreements not incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted below or his or
her designee, and the City Manager, or his or her designee) shall be authorized
to execute future amendments or extensions of this Agreement.
27. 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.
28. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, law, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
11
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to
all provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511
relating to cancellation of contracts due to conflicts of interest shall apply to this
contract.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO
ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge
A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities
from contracting with Contractors who engage in boycotts of the State of Israel.
Should Contractor under this Agreement engage in any such boycott against the
State of Israel, this Agreement shall be deemed automatically terminated by
operation of law. Any such boycott is a material breach of contract.
32. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance
with Arizona Revised Statutes § 35-394, Contractor hereby certifies and agrees
that Contractor does not currently and shall not for the duration of this
Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of
China, 2) any services or goods produced by the forced labor of ethnic Uyghurs
in the People's Republic of China, and/or 3) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People's Republic of China. If
Contractor becomes aware during the term of this Agreement that Contractor is
not in compliance with this Section, then Contractor shall notify the City within
five (5) business days after becoming aware of such noncompliance. If
Contractor does not provide the City with written certification that Contractor
has remedied such noncompliance within one hundred eighty (180) days after
notifying the City of such noncompliance, this Agreement shall terminate, except
that if the Agreement termination date occurs before the end of such one
hundred eighty (180) day remedy period, this Agreement shall terminate on such
contract termination date.
33. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance
with all federal immigration laws and regulations that relate to its employees and
A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee,
Contractor will verify the employment eligibility of the employee through the E-
Verify program. If Contractor uses any subcontractors in performance of
services, subcontractors shall warrant their compliance with all federal
immigration laws and regulations that relate to its employees and A.R.S. § 23-
12
214(A), and subcontractors shall further warrant that after hiring an employee,
such subcontractor verifies the employment eligibility of the employee through
the E-Verify program. A breach of this warranty shall be deemed a material
breach of the Agreement that is subject to penalties up to and including
termination of this Agreement. Contractor is subject to a penalty of $100 per
day for the first violation, $500 per day for the second violation, and $1,000 per
day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if the Contractor and/or subcontractors establish compliance with
the employment verification provisions of Sections 274A and 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.
---- SIGNATURES TO BE ON FOLLOWING PAGES ----
13
IN WITNESSi i
_�,,signed by their duly authorizedrepresentative i
w .. 2023.
CONTRACTOR:
ArizonaWEEMS ASPHALT, an limited
liability
..... .. .M. _._.:
Its:--
CITY:
CITY OF APACHE J U NCTIO.N, I
Arizonaan i icorporation
Walter"Chip"Wits . v
its: Mayq
City Clerk
RichardAPPROVED AS TO FORM:
City Attorney
foregoingSTATE OF
County Of Ma�1
The rithis is
f 023, by as
t
Arizonaf Weems Asphalt,an
i i liability
'ublic
My Commission Expires:
STATE OF ARIZONA
s.
COUNTY OF PINAL
The foregoing s subscribed and swornbefore i
Walter"Chip" it r of the City
of Apache Junction, Arizona, an Arizona municipal corporation.
—w 1- _ _w.w.. .
Notary Public
My Commission it
1
Exhibit A
WE DPIVE ON WEEMSASPHALLCOM
535 V/t, ��� ��� ������ ���� ~
������ �����~�� ���� �w���"��
To: City of Apache Junction Contact: Shane Kiesow
Address: 575 E. Baseline Ave Phone: 480-982-1055
Apache Junction,AZ 85119 Fax:
Project Name: Fuel Island Repair Bid Number: 2023-2124
1 Project Location: 575 E. Baseline Ave,Apache Junction,AZ Bid Date: 8/11/2023
Item Description Estimated Quantity Unit Total Price
This scope of work shall be performed under our Maricopa County IGA-#210166-S 1.00 LS $52'440.96
(Paving,Resurfacing,&Related Work In Alleys&Parking Lots)-Expires May 31,
2025.
Concrete;
Provide Barricades Tu Safely Perform Our Scope OfWork.
Saw-cut And Remove approximately 2700 SF of existing deteriorated concrete To A
Depth 0f8''At( l )Location.
Fine Grade And Compact Existing Base Materials ToAn Unyielding Condition.
Additional ABC will be added|fneeded.
' Form, pour and finish approximately 2,840 SF of new 4,000 PSI 8"concrete.Concrete
tobe standard gray with a light broom finish.
' Scope of work will be completed in 2 mobilizations and will require one week to cure
once complete.
Remove&Replace Asphalt: 11,300.00 5F $66,304.00
Provide barricades to safely perform our scope nrwork.
Saw-cut and remove failed asphalt to a depth of 4 inches at 1 location shown in red
on included map.
Fine Grade and compact existing base materials toan unyielding condition.
Replace excavated areas with approximately 4 inches ofMAGl/l-|noh hot mix
asphalt.
' Machine roll to proper compaction.
Scope or work shall be performed|n3 mobilizations(Excludes weekends and
ho||day$.
' Price assumes adequate underlying subbase. If unstable subbase munsuitable
materials are encountered,additional charges will be negotiated to correct the
unforeseen problem. Weems Asphalt will not place new asphalt on unstable subbase
without the written permission from the Customer. If directed to place pavement on
unstable subbase,Customer|a agreeing to waive Warranty.
' Work tobe completed onur before 12/31/23-
Striping: 1.00 LS $850.00
Kestripe all pavement markings per the existing layout at south end.
Bid Price Subtotal: $119,594.96
Tau5.929/o: $7,080.02
Total Bid Prime: $126,674,98
Notes:
° Due to the current volatility of petroleum based products(liquid asphalt binder)and other materials required to perform our
mmr4 this proposal io valid for 30 days from the proposal date.
° EXCLUSIONS(Unless Otherwise Stated):
Liquidated Damages,Permits, Bonds,Sales Tax, Retention of Monies, Fees, Plans, Engineering,Survey,Testing,Staking,Irrigation Repairs,
Landscaping, Notifications,As-builts,Utility Adjustments,Compaction Testing,Weed Abatement,Any Pre-Existing ADA Compliance Issues, Hard Dig
(Caliche),Traffic Control, Prime Coat, Davis Bacon&Prevailing Wages,Track-out rock and devices,SWPPP, Plant Opening Fees, Loop Detectors.
8/21/202310:34u7xM Page of
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.6.
File ID: 23-605
Sponsor: Nicholas Leftwich Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of proposed Resolution No. 23-34, a 12-month preliminary plat
extension for case P-21-98-SD, known as"Old West Highway Village," a request by Greg
Loper, representing the development and ownership group Galileo Capital Partners, located
approximately on the south side of Old West Highway between S. Royal Palm Road and S.
Tomahawk Road.
City of Apache Junction,Arizona Page 1 Printed on 111212023
RESOLUTION NO. 23-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
PLAT EXTENSION FOR THE "OLD WEST HIGHWAY VILLAGE"
SUBDIVISION, IN CASE P-21-98-SD, REQUESTED BY GALILEO
CAPITAL PARTNERS, REPRESENTED BY GREG LOPER.
WHEREAS, the subdivider in Case P-21-98-SD proposed to
subdivide Pinal County Assessor parcel numbers 102-03-3030 and
102-02-0050, approximately 7 . 7 net acres, located south of Old
West Highway, between South Royal Palm Road and South Tomahawk
Road, (collectively, the "subject property") , into approximately
one-hundred-six (106) residential lots for a single-family homes
subdivision to be called "Old West Highway Village, " pursuant to
Arizona Revised Statutes ("ARS") Title 9, Chapter 4, Article 6 . 2,
and pursuant to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning
Bulk and Use Regulations, Section 1-5-1, Residential Use
Regulations and Article 1-4 : Zoning Districts, Section 1-4-3,
Planned Development ("PD") Overlay District, and Chapter 2 :
Subdivision Regulations; and
WHEREAS, on November 1, 2022, the city council held a public
hearing regarding the preliminary plat for case P-21-98-SD and
voted to approve the preliminary plat by a vote of 6-0, subject to
conditions; and
WHEREAS, the council finds this preliminary subdivision plat
to be in compliance with the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance and
Chapter 2 : Subdivision Regulations, and the conditions of approval
adopted in Ordinance No. 1501 in rezoning case PZ-1-20; and
WHEREAS, the Apache Junction City Code, Volume II : Land
Development Code, Chapter 2 : Subdivision and Minor Land Division
Regulations, Article 2-2 : Platting Procedures and Requirements, §
2-2-4 Preliminary Plat allows that a time extension for an
additional 12 months may be granted by the city council if there
had been no change in the city' s policies or regulations which
would affect the subdivision; and
WHEREAS, it has been determined that there has been no change
to the city' s subdivision standards from the time of the
preliminary plat approval; and
RESOLUTION NO. 23-34
PAGE 1 OF 2
WHEREAS, the development team is still found to be working
towards the design and submittal of the final plat.
NOW, THEREFORE, BE IT RESOLVED by the mayor and city council
of the City of Apache Junction, Arizona, that :
1 . The approval of the preliminary plat for the Old West Highway
Village subdivision, case P-21-98-SD, approved through
Resolution 22-42 be extended for a period of 12 months from
November 7, 2023, the approval of this resolution, to November
7, 2024 . All conditions of approval of Resolution 22-42 remain
applicable .
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF NOVEMBER, 2023 .
SIGNED AND ATTESTED TO THIS DAY OF
2023 .
WALTER "CHIP" WILSON
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 23-34
PAGE 2 OF 2
September 10, 202
Nicholas Leftwich, Planner
City of Apache Junction
300 E. Superstition Blvd
Apache Junction, AZ 85119
Request for a TimeExtension r (Preliminary t for Old
Highwayit
Nick,
On behalf of our Ownership and Project Team, we respectfully request a one-year time
extension for the Preliminary Plat for Old West highway Tillage, which was approved by
the Apache Junction City Council on November 20, 2022, under application -2 -g -
The extension, if approved, we extend this approval to November 20, 2024.
Enclosed with this request is a check payable to the City of;Apache Junction in the amount
of$500.00, for the time extension request.
Please feel free to contact me with any comments or questions.
Sincerely,
Greg Doper, Ali
Enclosures: s stated
City ofApache Junction
Development Services Department
Date: November 7, 2023 City Council
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Rudy Esquivias, Development Services Director
Sidney Urias, Planning Manager
From: Nicholas Leftwich, Planner
Subject: November 7, 2023 City Council Item, Reso. No. 23-34 :
P-21-98-SD Consideration of "Old West Highway Village"
Preliminary Plat Extension.
Summary
Greg Loper, representing the development and ownership group
Galileo Capital Partners has requested a preliminary plat
extension for case P-21-98-SD, the Old West Highway Village
preliminary subdivision plat, which would extend the preliminary
plat approval previously granted in November 2022 through
Resolution 22-42 for another 12 months .
Preliminary plat approval constitutes authorization for the
subdivider to proceed with preparation of the final plat and the
engineering plans and specifications for public improvements and
site development. Staff has been coordinating with the applicant
regarding the preparation and submittal of the final plat and
civil improvement plans of the subdivision throughout the year,
but the applicant has requested more time to finish preparing
their submittal .
Staff Recommendation
The Apache Junction City Code, Volume II : Land Development Code,
Chapter 2 : Subdivision and Minor Land Division Regulations,
Article 2-2 : Platting Procedures and Requirements, § 2-2-4
Preliminary Plat allows that a time extension for an additional
12 months may be granted by the City Council if there had been
no change in the city' s policies or regulations which would
affect the subdivision. As there has been no change to the
city' s subdivision standards in this time and the applicant
still expresses the intent that the subdivision be designed and
developed per the previously approved plans, staff recommends
the approval of the preliminary plat extension through
Resolution 23-34 .
Planning;& Zoning-Building& Sgfety-Revenue Development
300 E. Superstition Boulevard o Apache Junction,AZ 85119 * Ph; (480)474-5083 a Fax(480')982-7010
Attached:
- Resolution No. 22-42 (Preliminary Plat Approval)
- Draft Resolution No. 23-43 (Proposed Extension)
- P-21-98-PZ Preliminary Plat Extension Request Letter
Planning& Zoning wilding& Sopty Revenue Development
300 E. Superstition Boulevard o Apache Junction,AZ 85119 Ph: (480)474-5083 - Fax (480)982-7010
RESOLUTION NO. 22-42
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY
SUBDIVISION PLAT FOR THE "OLD WEST HIGHWAY VILLAGE"
SUBDIVISION, IN CASE P-21-98-SD, REQUESTED BY GALILEO
CAPITAL PARTNERS, REPRESENTED BY GREG LOPER.
WHEREAS, the subdivider in Case P-21-98-SD proposes to
subdivide Pinal County Assessor parcel numbers 102-03-3030 and
102-02-0050, approximately 7 . 7 net acres, located south of Old
West Highway, between South Royal Palm Road and South Tomahawk
Road, (collectively, the "subject property") , into approximately
one-hundred-six (106) residential lots for a single-family homes
subdivision to be called "Old West Highway Village, " pursuant to
Arizona Revised Statutes ("ARS") Title 9, Chapter 4, Article 6 .2,
and pursuant to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 : Zoning
Bulk and Use Regulations, Section 1-5-1, Residential Use
Regulations and Article 1-4 : Zoning Districts, Section 1-4-3,
Planned Development ("PD") Overlay District, and Chapter 2 :
Subdivision Regulations; and
WHEREAS, on September 27, 2022, the planning and zoning
commission held a public hearing regarding the preliminary plat
for case P-21-98-SD and recommended approval by a vote of 6-0,
subject to conditions; and
WHEREAS, the council finds this preliminary subdivision plat
to be in compliance with the Apache Junction City Code,
Volume II, Land Development Code, Chapter 1 : Zoning Ordinance and
Chapter 2 : Subdivision Regulations, and the conditions of approval
adopted in Ordinance No. 1501 in rezoning case PZ-1-20; and
WHEREAS, the property proposed to be platted is legally
described as follows :
All that part of the East half of the Northwest quarter of
the Northeast quarter AND all that part of the Northeast
quarter of the Northeast quarter of Section 28, Township 1
North, Range 8 East of the Gila River Base and Meridian,
Pinal County Arizona, lying South of the U. S. Highway 60,
70, 80 and 89;
RESOLUTION NO. 22-42
PAGE 1 OF 3
Also known as parcels 102-03-3030, and 102-02-0050, located
in the Northeast quarter Section 28, Township 1 North,
Range 8 East, of the Gila and Salt River Base and Meridian,
Apache Junction, Pinal County, Arizona;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Apache Junction, Arizona, that:
The preliminary subdivision plat for Old West Highway, case
P-21-98-SD, is approved subject to the following conditions :
1) The project shall be developed in accordance with and in
compliance to the plans attached and associated to this
case and the planned development rezoning case PZ-1-20 and
all the provisions of the Zoning Ordinance applicable to
this case.
2) All conditions of approval of Ordinance No. 1501 as
approved pursuant to the planned development major rezoning
case PZ-1-20 and the zoning standards of this RM-1/PD-zoned
property shall govern the design and subsequent
improvements of the Final Subdivision Plat.
3) Within one year of Preliminary Subdivision Plat approval,
the developer shall submit for formal review, the Final
Subdivision Plat and improvement plans for the proposed
subdivision. Said final plat and improvement plans shall
reflect substantial compliance with the preliminary plat
insofar as general layout, number of lots, location of
natural and man-made amenity features and areas, and
internal and external streets and connectivity.
4) The homeowners association through the Conditions,
Covenants and Restrictions (CC&Rs) for Old West Highway
Village shall also include provisions to address and
specify that the homeowners association is perpetually
responsible for the maintenance and upkeep of all common
areas and facilities, drainage and retention areas, fencing
and landscape improvements, both internal and along the
outside perimeter of the subdivision.
If the homeowners association has become defunct or
dissolved in violation of the CC&Rs, the landscaping,
RESOLUTION NO. 22-42
PAGE 2 OF 3
drainage/retention areas, and amenities shall be
perpetually maintained at all times by joint responsibility
of the property owners of all one-hundred-six (106) lots .
If at any time it is reasonably determined by the City that
the landscaping, drainage/retention areas, or amenity areas
are not being property maintained, the City shall have the
right, but not the obligation, to cause such maintenance to
be performed after proper notice is provided to the
property owners . If the City elects to perform such work,
it shall bill the property owners the cost of such work.
Failure to pay shall result in a lien being placed on the
property.
5) The developer shall work with and coordinate separately
with all known utility companies which serve Apache
Junction, to provide necessary services to the site and to
relinquish and/or relocate any utility easements as needed,
prior to or upon final plat approval .
6) The developer' s engineer shall meet the civil engineering
improvement plans and document requirements in accordance
of the city' s approved engineering standards that are in
effect at the time of plan submittal.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER, 2022 .
SIGNED AND ATTESTED TO THIS ! DAY OFF ,
2022 .
WALTER CHIP" WILSON
Mayor
ATT ST:
EN IFER PENA
C y Clerk
APPROVED AS TO FORM:
to-2,�:22
RICHARD J. STERN
City Attorney
RESOLUTION NO. 22-42
PAGE 3 OF 3
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.7.
File ID: 23-620
Sponsor: Leslie DeReche Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Consideration of approval of Resolution 23-36, an intergovernmental agreement between the
City of Apache Junction and the State of Arizona Department of Revenue for the administration,
collection, audit, and licensing of transaction privilege taxes, use taxes, severance taxes,jet
fuel excise and use taxes and rental occupancy taxes imposed by the state, cities or towns.
City of Apache Junction,Arizona Page 1 Printed on 111212023
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE ARIZONA DEPARTMENTOF REVENUE AND
THE I AP ACHE JtJ 1 TIO
THIS INTERGOVERNMENTAL ME TAL AGREEMENT (``Agreement") is entered into this
7TH day of NOVEM ER 2023, by and between the Arizona Department of Revenue
("Department")pKartment") and the City/Town of APACHE JUNCTION
an Arizona MUrrri rrl corporation
("City/Town").own"") 'This A reement sh all supersede: �and.,wreplace all previous intergovernmental
agreements, inclr.rdin'g aar-nend eats thereto, entered into by the De aailme at and City/Town
regarding the administration, collection. audit, and or licensing o('transac.tion privilege tax, use
tax, severance tax,jet fuel excise and use faxes, and rental occarpancy taxes (collectively referred
to as "I awes") imposed by the State,, C ity/'Fown. and other Arizona 111erraicipalities.
EUrAI.,S
WHEREAS. A.R.S. Title 13. Chapter 7, Article 3 (AKS, § 1 l- 52 el seq,) aaathori7es tvvo
(2) or more perblic agencies to eater into intergovernmental agreements to contract for:cervices, if
aaLithorized b) their legislative or governing bodies.
WHEREAS, A.R.S. § 42-6 01 el seq. was amended effective 6ararrrar.� 1. 2015 to provide
that the Department shall collect and administer any transaction privilege and affiliated excise
taxes imposed by any Arizona municipality and that the Department and each municipality shall
enter into an hater overnmental contract or a reerraent perrscrant to A.R.S. § 1 1.952 to provide a
uniform rnethod or administration. collection. aUdit, and licensing of transaction privilege and
affiliated excise taxes imposed by the State and Arizona municipalities.
WHEREAS, City/Town has takers appropriate action by ordinance. resolution. or
otherwise, pe.rrscrant to the laws applicable to the governing beady of City/Town. to approve and
arartlaorize City/Town to eater into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Department and City/Town
enter into this Agreement as followse
. Definitions
1„1 A.R.S. means the Arizona Revised StatUtes.
1®2 Adoption of an Ordinance means Kraal approval by; majority vote of the
City/Town cocrracil.
September-2023 Page I of 3
ADOR-Municipal IGA for TPI' Administration
143 Ambassador Program means theDepartment's provided strUctUre and SUpport of
etardCUlaaaaa related to tax adn-flnlstration and compliance education,
1.4 Arizona Management System means the State°s professional, resafllts-driven
manaag ernent system,that fOCU es on catst.Orner value and vital mission outcomes for
citizens. The systems is biased on principles of Lean, a proven people-centered
approach that has delivered effective reSUIts in both public and priN rate sectors. Lean
fOcaases on ccestorne r valaae. continctocas iaasproverneant and engaged employees to
improve prodUCtiVity, ClUality, and service.
1.5 Audit means an examination and verification of accounts and records to determine
taxpayer compliance with A.R.S. Title 42 and the Model City I tax Code, or any
other•assessment issr&ed pia SUaant to A.R.S. § 42-1108.
1.6 Comity Services rneans the Department's teaarn os• Successor 11114 thereof that assists
Arizona mUnicipaalities with administrative Functions and all other activities related
to transaction`privilege tax licensing, collection, and compliance of"any kind. In
this Agreement, all references to electronic cornmunic:ations with City Services
shall be directed to the'teaam's address at itlesunit(c_i),azdor.LT avm
1.7 Closing Agreement rneans an as re:ernent to :fettle as tax liability pair aIaazlt to A.R.S.
42-1 1 15,
1a8 Collection rneans activities to collect established liabilities for transaction priN ile c
i xes4 fees, and related penalties and interest that are dace and owing,
1.9 Confidentiality Standards means the standards set Forth in A, . . § 42-2001 cat
ve q., Model City Tax Code § 510.Appendix A of this Agreement, and saac:h rather
written standards mutually agreed to by the D epartment and City/Town, and which
will be incorporated into Appendix A of this Agreement,
.10 Development Fees has the same meaning prescribed in AR.S. § 42-5 75(l ),
all Desk Review means any,assessment issraed PUSUant to AR.S. § 42-1 I09(B).
.12 Federal Tax Information ("FTI") means Federal inco ne tax retUrns or return
information the Department receives from the Internal Reve:ncse Service, including
any inrormaation cheated by the Department derived froin that information,
Documents obtained from as taxpayer or State; income tax returns area not considered
Federal Tax Information. The scope, of this Agreement does not permit the
Department to share F'ri with any Arizona saatlnicipality,
IA3 Independent Contractor means any individcaal or entity with which City/Town
may enter into an agreement to perform transaactlon privilege tax administration,
colleet:ion,as idit, licensing,and any other related drities described in this Agreement
or AR.S. t; 42-6 Q 1 el seq.
IJ4 Model City Tax Code rneans the document defined in A.R_ . § 42-605(.
eptenaber 2023 Page 2 of 3
ADOR.- tarraicipal IGA for TP'I"Adraainistraticart
1.15 Municipal Tax or Municipal Tares means coHectively the transaction privilege
and affiliated excise taxes, including use tax, severance tax,jet firel excise and crse
tax;and rental occupancy tax iriaposed by City/Town in accordance with the Model
City Tax Code and siniii ar tapes imposed by City/Town pursuant to as Cityfl-own
code section aacrtside the Model City Tax Code that are collected via the standard
transaction privilege tax return, Unless the context provides otherwise, this
definition includes municipal privilege tax,Marrticipal privilege tax license fees,and
all related penalties, interest and either similar charges collected by the Department
on behalf of an Arizona MUnicipalit.y°
1.16 Options Chart means an) chart contained in a section of the Model City Tax Code
which identifies the various approved standard Options adopted by an Arizona
rnarnicipaality.
1.17 Primary Point of Contact ("PP . ") means a designated City/Torun
representative <with the pr°irn an7 responsibility fir cornmunicating with the
Department and their respective stall' on any; ranters described within this
Agreement, The PPOC must be an individual gUaffi d to receive: Tax Information
cinder Section 2.1 of'this Agreement and be iricicrdec:l'on the Master Authorization
List referenced in Section 2.3 of this Agreement.
1.18 Prai Ie means a dedicated section of the ModeG City Tax Code that provides
specific information 11car°each Arizona municipality, i¢1clUding contact information,
apliftaable tax rates, and amendments and provisions uni are tta City/Town.
1.19 Standard Audit Life Cycle Process Map means ai docaiaalent containing the
decisions and procedures adopted by the l epailment and Arizona n-itanicipalities
fronn the assignment of aerdits thrOLICIII final resolartiori Masistent With this
Agreecraent and the Arizona Managerncnt System principle of conticIccorrs
improvement, This document shall be reviewed by the Department and Arizona
municipalities as needed, not less than annually. with any changes memorialized in
as revised asap. In the event of a disagreement regarding proposed changes, the
Standard AU it Lie Cycle Process Map shall be referred to S I RT' ror resolrstion.
1.20 Standard Authorization Dist Update ProcessMal)means a document containing
ZD
the decisions and procedreres adopted by the Department and Arizona
ra Unicipalities to keep an updated list of current employees and contractors who are
authorized to receive Tax Information consistent with this Agreement and with the
Arizona Manaaenie:nt Systern principle ofcontinrroars improvement:°'This doCt1111erlt
shall be reviewed by=the Department and Arizona municipalities as needed, not less
than annually, with any changes memorialized in a revised snap. III tyre event of a
di sagrcen-cent regarding proposed changes. the Standard ALIthorization 1..ist Update
Process Map shall be referred to SMART for resolution.
1.21 Standard Inter-Jurisdictional Transfer Process Map means a doc;csrnent
containing the decisions and procedcsres adopted by the Department and Arizona
municipalities to doe6.rrnent and caert orize the Iran l'er of errorreorasly reported or
Septecaa er 2023 Pape 3 of 39
AC3t3R-Municipal1G for3"PT Administration
allocated tax from one (1) Municipality to another based upon a roUllicipallt '
request" r during the audit process consistent with this Agreement and with the
Arizona Management System principle of contiril.rcacrs improvement.This dtt crrta nt
shall be reviewed by the D parti-rient and Arizona municipalities as needed,not less
than annually. with any changes memorialized in a revised reap. In the event of"a
disagreement regarding proposed changes, the Standard Inter-Jurisdictional
Transfer Process Map shall be referred to SMART for resolution.
1.22 State means the State of Arizona.
113 Striate & Municipal Audit Resolution Team ("SMART") means an advisor}
committee responsible for resolving issues as set forth in Section 15 of this
1.24 State Tax or Staten Taxes means transaction privilege tea;. and ttl'Ilhated excise
taxes:,, iracli.idinp crse tax, severance tax, and jetfuel excise and ere taxes imposed
by the State of Arizona rgr• its crarrntiese
1.25 "Tax Information ineans information deer ed confidential taxpayer information
protected From disclosure pursuant to AKS. §s" 42-20 1 rat .see. or Model City "rax
Code § a 10 concerning the brr iness financial affairs or operations of a taxpayer as
it relates t.rr Mcinicipal ""axes or State `],axes, "Fax Information incicides all financial
informaflon related to transaction privilege taxes obtained from any source related
to an individual taxpayer and all such aggregate financial information related to any
1-11.OLIP of identified or identifiable taxpayers.
(rig) Examples of Tax Inrorniation iilcicrde NvithcgW limitation:
(1) Any information provided by the Department to City/Town derived
from any source iiacicrdine, tax returns, reports, tax _ license
applications.and the Neka License Report or License Update Report.;
and
(2) ,any information received by, recorded by, prepared by. Furnished
to or collected by the Department or City/Town with respect to a
transaction privilege tax_ retcil°n or the termination or possible
existence of liability of any person for any transaction privilege, tax
and related penalty, or interest.Such as the taxpayer's identity; the
nature, source, or amount of the taxpayer's income,-_paynwnts.
receipts, dedcictionsq exemptions, credits. assets. _liabilities, net
worth. tax liability, taxes withheld, deficiencies. over-assessments,
or tax payments, or whether the taxpayer's account was, is being,err
will be examined or subject to audit, desk review, investigation,
collection, or processing.
(b) Taxpayer identifying information obtained by City/Town from any source
not identified in Section 1.25(a) of this Agreement is not 'Fax Infiorrnation
for perrposes of this Agreement.
September?0?3 Page 4 of'3
A€9O - aiiaicitiial ILIA for TPT Administration
1.26 Voluntary Disclosure Agreement means a document Used in a voluntary
disclosure prta rare designed for eligible taxpayers with expca Lire for tax liability
and/or civil penalties arising,from as failure to report acid/or pay all Taxes dcie v hiiah
tD
allows the taxpayer to come into vOlaintaary, compliance,
1 Authorized Access Lists
2A StatutotT Authority: The di claasafre of information relating to State 'Faxes and
Municipal`Taxes is governed by A.R.S. §42-2001 apt seq.,and, for repoilind periods
prior to January 1, 2015, b) Model City Tax Cade § 5 l Ow
2.2 Qualified Recipients of Information: The Department and City/Town shall only
disclose 'raax Information related to State Tax and Municipal Tare pursuant to this
Agreement to individcials authorized by lave as described in Section 2.1 of this
Agreement. including those authorized persons listed on the ALIthorized Access
Lists provided by the Department and Arizona nariiaicipalitie . Questions related to
a listed Department recipient may be directed to City Services at
ifiesung er a d Questions related to a listed Arizona municipal recipient
may be directed to the PPCOC; of the pertinent Arizona municipality.
2k3 Department's Authorized Access List PUSUant to Section .4(c) of this
Agreement, the Department shall rnaintaina update, and provide a crirrent statewide
Master AcithoHz:ation List of names. Job titles, and contact: information of the
Department staff and Arizona 1-flU iicipaal representatives who are authorized by law
as described in Section 2.1 of this Agreement to receive State Tax and Municipal
Tax hit'c n-nation fi-om the Department nt or Arizona iaaaa IMpahties, as defined in the
Standard Acithorization List Update Process Map. Updates shall be provided tiri'not
less than a monthl) ' basis. The Department shaaH promptly notify Arizona
n'fciiiicipaalities of an) individual whose aaithorization to receive State 'Tax;and
Municipal Tax information has been revoked for any reason.
2.4 City/Teiwn's Authorized Access List: City/Town shall maintain, Update, and
provide a ccirre nt Aaathcarized Access List of names, job titles, and contact
information fior afl persons acting on behalf of City°/Town authorized by lave as
described in Section 2,1 of this Agreement to receive State Tax and Municipal Tax
inflon nation as defined in the Standard Authorization list Update Process Map.
(a) C;ity'Town shall indicate one PPOC; on the Acithorized Access List to
resolve any administrative issues vv°ith the Acathorized Access List. At its
discretlon, C ity"ro n rna) also indicate an additional individual as a back-
Lip or alternate PPOC.
(ly) City/Town shall ensnare all personnel on the Ai.ithorized Access List meet
the requirements indicated in the: C onfidetatiafityd Standards (Appendix A)
in lciding completing all recli.iired c of dentiality training certification and
recertification as required fi-om niece to tines, within the time regUired by the
Department,
Sa ptember 202.a Page 5 oF3
ADOR-Mcrrriclpal IGA for"TPT Adrnina straticon
(c) Upon execution of this Agreernent and on the first day of each calendar
quarter thereafter, City/Town shall email to City Services at
citiesr.atiart a a dcor.LowP a current Authorized Access List of its staff and
representatives authorised to receive State Tax and Municipal Tax
information from the Department and Arizona municipalities, irrelarding
additions and deletions, changes in .fob titles, and contest inf'ornaaaticon.
it i 1owx n`s PPOC shall prorra tl r rootf` tlaLarraae rat: pfatla erpmtr
whose aUth orizaticon to receive State 'Fax and Munis Tax hil'orni tion is
revoked for[fi t1.
(d) The Department shall review City/Towvn's Acathori ed Access List. If the
f epartaient finds that any person on the list:has not completed the recicrired
coon identiaHty training in a timely manner or does not meet the
Confidentiality Standards in Appendix A of this Agreernent, the
Department shall notify the City/Town PPOC to r°esolve tloe iSsue, '"File
Depart:roaerat shall not include that persona on the Master Aalthcorization List
urotil the issares have been resolved to the; satisfaction ofthe Department,
ent,
2.5 Independent Contractors:
(a) Cites/1"owvn may at tinges choose to enter into a contrast with an Independent
Contractor to perform the transaction privilege tax administration.
collection, audit, desk review, licensing, and other deaties described in this
Agreement or A.R.S. ; 42-6001 el eq.
(b) In accordance with ARS. §§ 42.1004 and 42-6002, no contract with are
Independent Contractor may be entered into on a continSency fee basis for
the performance of any transaction privilege. tax related functions. including
brat scat limited to license inspections, audits, desk reviewwrs, or collections.
(e;) Within 1:eon (10) business days of ratification of this Agreement, or
subseclerent: execution Of sue°h a contract between City/1 own and an
Independent Contractor. City Tcov n shall provide a copy of each larch
contract to the Cit) Services electronically at cunt esLrilmit(c azdoL,&c)wrm
(d) City/Town shall notify the Department of the expiration, termination. or
aarrae ndme nt of'aany agreement with sarc11 Independent ndent Contractors within ten
(10) bcasiness days of such event.
(e) In this Agreement:it is presumed that any reference to a aaacrnicipaal employ ee
such as a Hcense inspector. auditor, desk reviewer, collector, supervisor,
etc:., also rea rs to an Independent Contractor performing that Function on
behaal °of the department or City/Town.
(f) An Independent Contractor is scrbjec;t to afl training reclrairements,
aar.rt:h orizaatieon limitations, and other privileges and restrictions incorporated
into this Agreernent or provided in statute in the same tome arad manner as
Seloteoaaber 2023 Page 6 of 39
ADC7Ft.- u nic;ipal TGA, far'FPT Administration
scacla conditions apply to an employee performing the sanne function am
behalf of the Department or C;ity'T"avvrn.
(d) When an Independent Contractor ntractor issa9es any correspondence to a taxpayer
on l"aehal f of the De ar tmernt ar C;ity,"Town,the Independent Contractor ntractor•shall
expressly identify all of the fallowing on scrc,h correspondence: the
Independent C ontractor's rnarne; the mare of'the Independent Contractor's
ntracstor's
firm, if applicable; the Independent Contractor's status as a fic;ense
inspector, auditor, desk reviewer, or collector acting on behalf of. the
Department or C ityr"Tavvan; the Independent Contractor's rrnailirnd address,
telephone rnurrnber.and e-mail address;and tine telephone rnrrmber and e-rnna.il
address of a specific person who is an employee of the Department or
ity/`Foam capable of responding to the ISslres raised in the correspondence
for the Department or City°'Towra.
(h) 'rhea Department and/or Cw:ity;'`I"own 11701yi PaINUe any remedy authorized b
this Agreement or by statute for as vialatiarr of this Section by an
Independent C;arntractar.
.6 Sharing of Authorized Access Fists: The Department shaH share the
Department's Authorized Access Gist and the Authorized access Gists for all
Arizona rracrrnicipalities provided to the Department on the Core SI"rP site, The
Department shall Update the lists can a monthly nthly basis with information provided by
each Arizona na rTrrrrnicipallty, or as needed to immediately reinrave any person whose
authorized access has been revoked by the Department or an Arizona InUlalcipaality o
3. Disclosure of Information lag Cit /T own to the Yee art arat or cater Arizona
R 'pp g
3.1 Disclos re and Use of Municipal Tax Information: Any `Tax information
released by,City/Town to the 3 epailmernt or another Arizona municipality rn ay caaaly
be cr sed by persons authorized to receive SUCh 1`ax Information far tax
administration and collection purposes and may not be disclosed to the Iarrlahc in
any manner that does not comply with A.R.S. § 42-2003, and/or Nadel City Tax
Code § S 10 for reporting periods prior to.larnuary 1,203 . All Tax Irni"ormation shall
he stared and destroyed in accordance with the. Confidentiality nfiderntiality, Standards
(Appendix A).
12 MunicipalOrdinances: City/Town shall provide the Department with a cap) of
its IaJUnicipaal "I"aax Code or anyCity/1-own ordinances irnrpasirnf tine taxes to be;
collected hereunder within tern (I 0)calendar clays of a reelcrest for sarc;h irnfar•rnaatiarn
frorn the [ epart:Mernt. This itnfarraratlarn shall be sent to City Services electronically
at r it p,SLrgnit(@ zdor ay.
(a) Tax Code CCIn'rn s: City/Town shall provide notice to the Department of
airy tax code change with a copy of any ordinance adapted tly C::ity.'Tow n
that imposes or rniodifies the Ivl of ipal °raves or rnnrranicipal privilege tax
September 2023 Page 7 of 39
ADO -Municipal IGA for TPT Administration
license fees to be collected hereunder within ten (10) faa'Iendar days of
adoption of the ordinance, This information shall be sent to City Services
electronically at.c.it�at-gnat azdor.�gy,
(i) cit mown agrees that any ordinance that changes ai tax rate. Option
selection,or includes the addition or removal of unique Model City
Tay Code exception shall teal<.e effect on the; first clay of the month
that is at least sixty (60) calendar days after the City/Town ctaammacil
adopts the change, City/Town and the Department recognize there
may be occasions when the. City/Town cocan it establishes an
effective date less than sixty (60) calendar days after adoption. if
City/Town chooses to propose an ordinance with an effective date
that is less than sixty (60) calendar days after adoption, Cityffown
shall notify the Department as soon as possible after that chemise is
made.
(2) Tile Department s➢trail incorporate all ordinance changes, into the
official copy of the Model City 'Tax Code within ten (10) calendar
days of"receipt of notice fromn City/Town. The copy provided to the
Department may be an electronic copy bamt shall reflect the; identical
language e contained in the version adopted by the City/Town and
shall contain the required signatemres indicating cocmncil approval.
( ) The Department shall notify City/Town when the tax. code change
has been incorporated and City/'Town is responsible for confin-ring
the change has been correctly entered in the official copy of the
Model City Tax Code.
(4) P'Um is nt to AKS, § 4.2_6052 if City/Town fails to notifl the
Department artmaaent:of tax code change within terra (10) calendar clays after
City/Town cocincil approval, the ordinance shall be considered ntmll
and void. All tax. code changes described in this Section shall have
no effect until reflected in the official copy of the Model City Tax
Code.
(b) Annexation Ordinan m Within fifteen (1 ) calendar days following the
adoption of an annexation ordinance, one (1) copy of the ordinance: and
notification of the effective date 01' samch ordinance shall be sent to the
Department via emmaad at iSr(Nz or at>v and City Services at
cmtt stli) t d(or.,a) ,. City/Town may provide the Department with a list or
businesses saml��ect to Municipal Taxes known to be located in the annexed
area.
(c) Review of the Model Q t Lqe Coop: City/Town shall be responsible for
reviewing the information contained on its profile, the Options Charts, tax
rates for City/Town,and other information specific to City/Town contained
in the of'fic:lal copy of the Model City Tax. Code and emascmrint> it is correct.
September 2023 Page 8 of 39
A1vaO -trta nicipal 1C:A for°TPT Administration
City/Town affirms that it has an ongoina obligation to notify City Services
of any changes needed to such inflow-ration at iti iMit(l?azdor (.-,o%t„
33 Development Fees: Upon request by the Department to 'ity/Town's PPOC.
City/Town shall provide to the Department any information regarding
Development lees imposed by City)/'town under A.R.S. § 9-463.05 to assist til
Department with the auditing of taxpayers and the ordinary billing and collection
of taxes.
3.4 Prior urns: Upon reefrrest by the Department,City/Town shall allow inspections
and copies of any cit crown tax audits conducted pricer to January 1, 201 5.
115 Other nfor tt tion: C;lt /'1"cawn shall provide other relevant information necessary
ror tax administration and collection purposes as regUested by the Department,
4. Disclosure of Information lav , tt t tra 'i /`ovv
4.1 Statutory Authority: The Department may disclose information relating to State
Taxes and MUnicipal Tapes to City/To%Nn pursUant to A.R.S. § 42-2003 if the:
information Mates to a taxpayer who is or may be taxable by a county,city,orto`r n
or who rnaayF be subject to audit by the Department Ptrr•suant to A.R.S. § 2-6001
4.2 Restrictions on Use and Disclosure to Unauthorized parties: Any "fa\
hilormation disclosed by the Department to City/Town is SUbje ct to all restrictions
provided for in A-R.S° t 42-2003. Tax Information shall only be used by persons
atrthorizead to receive strclI T,1X h1flor ration for internal tax administration pUrposes,
inclUding audit, desk review, collection. and licensing activity; and may not be;
disclosed ttl t11c public or any traserthoriacd party in any manner that does not
comply with the Confidentiality Standards (Appendix A),
4.3 Liability for ImproperDisclosure: The disclosure of confidential information
concerning ,Arizona taxes is governed by A.R.S. § 42-2001 el *sec/.; which strictly
controls the accessibility and ease of this information, Individuals who receive
confidential information relating to State. Talcs and Municipal Taxes from the
Department are subJect to the penalties provided in A.R.S. § 42-2004 and other
applicable staatrrtes if they r-nisarse or improperly disclose this infori-nation to
Una Uthorized individuals,
4A Reporting Potential Disclosure Viola tionsy!neideentsr The Department shall not
withhold Tax liafonnatio from City/Town provided that ityrro\m, comphes with
AKS. §42-2001 rapt seq., and the Confidentiality Standards (Appendix ix A),
(a) _ if City/Town or the Department: has information to suggest City/Town or
any of its dcrly authorized representatives has violated A..1 . . § 42_2001 eel
seq. or the Confidentiality Standards (Appendix A), City/Town or the
Depam-rent shall immediately notify City Services at itiesunij eatt cior°Gov,
the Department's Di c,lc°astrr°c Officer at sc;lo arreOfflcer(e azdor gov. and
the Department's Information Security Tessa at 1n1' pe ((-P,.azdor.
September 20231 Page 9 of 39
DC,)R- uniclpal IGA for T P I'Administration
( ) City/Town and the Department artment shall ftilly cooperate ith the Department's
Disclosure and Information aecurity.Tearn in investigating the
alleged violation and shall promptly address any identified issues.
(c) The Department's DiSCIOSUre Officer and hilbi-m tion SCCUritN Team:
(1) Shall send written notice to City/"Towvn's PPOC detailing the alleged
breach as Understood by the Department and request a response to
the allegation within twenty (20) calendar days ofthe date of the
letter, and
(2) May inspect C ity.Tow n's records, facilities, and equipment to
determine whether there has been a violation, and
(2) Shali review the wwritten response 1¢orn City/Town and consider the
hirormation contained therein and all relevant circumstances
stag-ri Undinf�the alleged violation prior to isstain any determination.
and
( -) Shall isscae as written determination delivered by certified rnaail to
City/Town regarding the alleged violation within sixty(two)calendar
days of the date nf, ity/Towvn's response letter. If the Department
determines that as violation has occurred„ the Department shall
indicate whether a saaSPeIwdaiOci of'hilbrmation is warranted and the
length of the SUspension, During the period Of staspension,
City/Town shall not access information maintained or created by tlae
Department related to City/Town.
(d) If the Department awakes a written determination tO SUspend sharing of
information, City/Town may, within teas (10)calendar ar days of re ervhig the
written determination, submit as written regUest to SMART regUesting the
groaap review the determination as provided in Section 15 of this
Agreement.
(e) If there is a SLIspension of 'Fax information sharing with C ityl ov%n, the
Department shall maintain all information collected or created during the
staspension period related to City/Town that: wvotald otherwise have been
shared withCity/Town and shall assist City/'Town with accessing the
acctaa"niil ted inrorrnation for cityaown ininnediaa.tely Upon termination of
the staspensicn.
( ) Under no cil-CUm tances shall the suspension of any right to receive Tax
Information adversely impact the Department's delivery or transfer orally
City/Town revellUes in any manner,
�d Information to bePro-,id dm 'rhe Department shall provide information purstaant
to A.A.S. 5 42-6001(f ).The Departi-rent shall provide SUCI7 information as Outlined
September 20') Page 10 of 39
AD OR-Municipal 1 A for"I"PT Administration
in Appendix f: and elsewhere in this .been-inn, which shall only be modifred ill
accordance with Section 4.7 of this A ree meat.
(a) The Department shall not provide Federal "fax Information to City/Town.
(b) In addition to the: information detailed in Appendix II of this Agreement.
the Department shall disclose, Upon regUest, the followirad information to
city/"Fown e
(1) Department tax midits, inclUding all ieiformation related to all
Arizona MUnicipalifles izlclU ed in the fix audit, and
(2) Other relevant information necessary for City/Town's tax
adrarinistration and collection purposes, inclUding all inf'ormaition
necessary to verify that City/Town received all revenues collected
by the Department on behaalrof City/Town.
4�6 Storage and estruction of Tax aafor aation: All Tax Information provided by
the Department rtment:to City/"fown shall be managed, stored. protected.and destroyed ill
accordance with the &nt'ldentiality R.egUirements (Appendix A).
®7 Specificity of Data: PUI-SUant to A.R.S. § 42-6001 m the Department and `it "Town
agree that the data fields identified in Appendix F of this Agreement and the Y1`-1,
T'P'1-2,"and `I"R'I"°-17 forms in Appendix C:; of this Agreement(a6sd provided online
at.NvNNw.gz.d ir. -L) meet the specificity regUirernents of C;ity,Town, The data fields
identified in Appendix B and the forms in Appendix C; may be revised or replaced
only by raitrtrraal agreement of the Department and Arizona municipalities, with any
unresolved issues being referred to IAR'I, for final determination.
4.8. Notwithstanding any provision to the contrary, nothing in this Section shall prevent
the Department from complying with state information security requirements in the
situation of a data breach or similar event.
5. Audit
The Department shall administer audit functions withCity/Town in accordance with the
Standard Audit Life Cycle Process Map and with the following provisions.
5 1 Training: All acrditors, desk reviewers, and supervisors shall be trained in
accordance with the policies of the Department. AUditor•s and desk reviewers who
have not completed the training may only v%ork ira corajtrractiora with a trained auditor
or supervisor and cannot be the only auditor or desk reviewer assigned to the audit
or desk, review, The Department shall do all the following:
(ra) Provide er n-annual audit: and desk review training in accordance o ith
®R.. . §42_6002(C=)and be responsible l.or•the costs of the training, limited
to any cost for procuring, the site and training materials;
September 2013 Page I 1 of 3
OR-Mrrraici al IGA for TPT Administration
( ) Notify C'ity/Tovvri of any training sessions at least thirty. ( ) calendar days
before the date of the training session;
(c) Permit City/Town aaarditrars, desk reviewers, and supervisors to attend any
schedUled trainin as space perriiit.s at aariy desi riatecf trairiin location:
( ) Provide additional training, as needed, to inflorm auditors, desk reviewers,
and supervisors regarding changes in State lave, the Model City Tax Code,
acrdit acid desk review proc:edUres, or Department policy.
5.2 Conflicts of Interest:
(a) An auditor, desk: reviewer, supervisor, or Independent: Contractor trained
and authorized to condract an audit or desk review, in addition to the
restrictions provided Under AKS, Title 38, Chapter 3, Article 8, ti 38-501
rat s°eq_ shall not conduct aanIN of the f llcawin11 prohibited acts:
(l) Represent a taxpayer in any tag matter against the Department or-
City/Town while employed by or in an Independent C:,ontr•actor
relationship with the Department or Cityfl`own.
(2) Attempt tca ease his'lier official position to secure any valuable thing
or vaalraaable benefit fear himsellJlaersell'or Dais/leer faniity members,
(3) Represent a taxpayer before the Department or City/Town
concerning any matter in which lie/she personally participated fear a
period of`one year after he/she ends employment or the Independent
Contractor relationship with the Department or city/Town,
(4) Use irafrarrnation lie/she acquires in ttae crarar•se of''the official dirties
as an auditor. desk. reviewer, supervisor, or Independent Contractor
in a manner inconsistent with his/her official duties rvitlararrt pricer
written approval from the Department.
(3) For a period alone (I) calendar year after he'she ends ern loytnent
y or an Independent Contractor reWionship with the Department
or City/Town. work in the sarrne firm as a person who represents a
taxpayer against the Depailment Or City "l°cavvra rarale°ss the firr-t-r
in titcrtes a forinal screen or ethical wall to prevent an) sharing of
inl'ormaation between the person and the remainder of the firm.
Documentation of such fornial screen or ethical wall shall be
provided by the firm to the Department or C'ity/Traven rrpratr reclrrestn
(Ca) Receive craMpensation from a SOUr•c°e other than City/Town or
pursuant to an agreement with City/Town for tine performance of
any work or transaction performed expressly on behalf oi'
C;ity/Traver.
September ittlf,3 Paa.He 12 of 3
a C)OR-Municipaal IGA for T PT draainistr-ation
(7) Make an) representation of being an employee or contractor of
City/Town or the Department in marketing and promotional
nrat rials soliciting work or transactions to be performed on behalf
of a taxpayer or potential taxpayer.
(b) In addition to any other rennedies available to the Department and
City/Town by statute and Leader the terms of this Agreement, the,
I epaailment may revoke an individUal's authority to aU it or perform desk
reviews on behalf of the Department or C'it:y/"1 ox n and prohibit the ease of
any auditor, desk. reviewer, SUpervisor, or Independent Contractor who
violates this provision.
5.3 Audits and Desk views:
(a) City/Town may regUest the Department conduct an audit or desk review of
any taxpayer engaged in btashacss in City/Town, hlCl ading to taxpayer whose
business activity is subJect to tax by City/'Town but iS rant SUbJect to tax. b
tile, State. The Department and Arizona 111Lctaicipalities shall co laborrativelyd
establish and maintain rniniraaLcM justification standards and procedUres
City/'Town shall adhere to when subMitt ing an aaUdit or desk review regUest.
(b) City/Town may condUc°t as audit or desk review of a. taxpayer engaged in
business only in City `f'cawn, Before commencing sLcch audit. City/Town
shall scabMit as Field Audit Reclaest form. I ef6re ctionnniencing scrch desk
review, City/Town shall Ribmit the request Lcsirad the Desk. Review
Approval Excel Sheet. 1 he Department shall provide City/rown with a
determination of approval or denial of the request within teal (10) calendar
days of the notice freers City"Town,
(c) Except as permitted below,the Department shall conduct all audits and desk
reviews of taxpayers having locations in two (`) or more rizonaa
municipalities. A City/Town auditor may paart16pate in any audit or desk
review City/Town regUested the Department to perfcarrLa,
(d) City/Town shall acetify the Department if' it wants to condacc:t are aLcdit or
desk review of a taxpayer having locations in two (7) or more Arizona.
111Lcraicipalities and abase bLrsiness activity is SUbject to tag Icy City `1"sawn
bUt is carat SUbJect to tax by the Mate. The Depaartaaraent shall authorl e saac!"a
audits or desk revie"s, to be overseen by the Department, Unless there is
already an audit or desk review of the taxpayer in process, sc.hedLrled, or
planned., or the Department determines the acrdit or desk review selection is
discriminatory, an aabUse of process, or poses other similar defects. The
Department shall notify City 'Town of its detern'dnation within tern (1 CI)
calendar days. No initial audit or desk review contact may caccLrr between
City/Town and a taxpayer Lcra#il the Depaartnient approves the audit or desk
review notice.
3elateraaber'tt.33 gage 13 of 3
ADO -Mcaiaiciptal IGA for TPT diailaalstr tion
(e) _ In the case of taxpayers doing business in more than one (l) Arizona
municipality:
(1) City/Town ma) request the Department aartment cottdcact an audit or desk
review of a taxpayer having locations in two ( ) or more Arizona
Maaaaicipalities and whose primary business is subject to loth
l cataieipal Taxes and Staate, Taxes,
(2) City/Town may request aUthorization from the Department for
City/Town to conduct an audit or desk review ol'aa taxpayer having
locations in two (2) or more Arizona municipalities and whose
primary basin ss iS scabjeet to bath Municipal Taxes and State,
Taxes.
(a) Requests pcar taant to (e)(l) or (e)(2) shall be evade aasiaag the
Department's Field , edit Request Form or the Desk Review
Approval Excel Sheet, as ppropriaa.te. The Department shall notify
City/Town of its decision regarding the regUest vv ithin ten (I 0)
calendar days of receipt of the request.
(f) The Department artment. may deny, in writing, 'ityrdTcawn's request for the
rn
Department to conduct an audit or desk review within ten(l 0)calendar clays
of receiving the request For any of the following reasons:
(1)_ as ai.adit or desk review is already in process or is schedUled or
planned for the taxpayer within six (fi) months of the, request:
(2) The requested d audit or desk review wocald interfere with strategic
tax administration planning:
(5) The audit: or desk review selection is discriminatory, an abuse of
process, or poses other similar defects,
(4) The rdgcaest lacks sufficient information f'car the Department to
determine whether it is appropriate;
(5) The Tax aa.ye~r was aUdited within the previocas ONO (2) years:
(d) The Department lacks sufficient reasocarces to conduct the audit or
desk review;
(7) The scope or stabject of the aradit or desk review does aaot jcastif) the
use or Department re;socaa'cese
(g) F the epartaaaent denies ar request to conduct ail aaeadit or desk review for
the reasons provided in (f)(C) or (1)(7), and the acadit or desk review is not
For a taxpayer that only has a business location in City/Town, then
City/Town may regeaest to condcact the acadit or desk review itself under the
Septeaaalrer 2023 Page 14 of')9
A GMs-Wraicipaal IGA for TPI'Adraiinistr tiraaa
supervision of the Department.No initial audit:or desk review contact.raaay
occur between City/Town and of taxpayer U11tll cityaown receives written
Department approval,
(h) Any decision by the Department denying City/fc wn's request to condrrrct
any audit or desk review may be referred to SMART' in accordance with
Section 15 of this Agreement.
(i) All audits or desk reviews conducted by City/Town shall be in accordance
with standard aerdit procedures defined in the Department audit manual and
the Standard AUdit Life Cycle Process Map.A.11 auditors and desk reviewers
shall be trained in accordance with Section ym l of this Agreement,
(j) The Department may appoint a Department manager to supervise any audit
or desk review conducted by City `i`r wn.
(k) All audits shall inClUde all taxing jurisdictlons in the State re ardless of
which jurisdiction's aerditors participate in the aaUdito All desk reviews raarrst
incltrde all taxing jurisdictions for which there is inforraiadon provided b)
the taxpayer.
(1) The Department shall issue all aaarditr or°desk review assessments aura behalf
of all affected taxi rad)arr•isdictions in a single notice to the to paayera
(m) The Department shall issrre amendments to aftidit: or desk review
assessments on behalf of all affected tax.ingjUri dictions in s sin& notice
to the taxpayer.
.d Claims f orRefund:
(at) When a taxpayer files a iregUest for refund, irtclerdincy refunds requested by
filing;aarafended returns,the Department shall process the recicrest and review
it for rnathernaticaa.l errors or fear the f°ailUre of the, taxpayer to properly
cornpUte the tax based on the taxable incorne reported on the return or
refund request,
(b) The Department shall notify City/Town of all refund requests that are
reviewed and approved involving City/T'own's Municipal Taxes within
thirty (30) calendar days of processing the refund. City/Town may request
are aerdit of the taxpayer as set loath in Section 5.3 of this Agreement.
(c,) The Department may assign as Department auditor to review reclerests for
referradsm'The Department shall notif) City/Town ofall refunds Under review
by are auditor pertaining to a taxpayer who engages in bt.rSiness within
City/Town within thirty (30)calendar-days of initiating the review and array
request that City/Town assist with such reviews, with acceptance OfSLIJI
request at the discretion of`City/Town.The Department may assign ar refund
regUest to a City/'f'eaan for review, with acceptance Of serch a signiaaent at
September 202 3 Page t 5 of 3
ADOR-Municipal IGA for TPT Administration
the discretion of City/Town, The Department artment may only_assign refund
requests to City'Tttwn irtaxes paid to City/Town are hicluded is the refund
regUe.sta
(d) City/Town is responsible for payment of all amounts to be refunded to
taxpayers for MUnicipal Tax incorrectly paid to City/Town. Tile
Department may offset a remittance to Cityirown cinder this green-lent to
cover the amounts of allowed Municipal Tax refrinds paid by the
Department
(e) The Department shall iSSUe ref ind approvals/denials on behalf of all taxing
jUrisdictions in a sings e notice to the taxpayer, City/Taws may request
eOpieS Ofstrch determinations.
5�5 Protests: Taxpayer protests of audit assessments, desk review assessments, and
refund denials shall be directed to the Department.'Protests of sll it assessments,
desk review assessments, and refund denials shall be administered red pffsuant to
AR.. Title 42, Chapter 1, Article 6. The Department shall notiry C'ity"l°om-1 of
any protests %within thirty (30) calendar days of receipt of'the protest,
.Ca Status Reportsa The Department shall keep all Arizona 111caliicipalities apprised of
the status of each protested matter involving the imposition Of MUlliaipal `fames.
C.°it),'Town may request to be on a di tribU iM list for monthly states reports by
contacting City Services at,cifieSLmg7 t(iTazdcarq� .
. olu tar r Disclosure r era eats
The Department may enter into a VO[Uotai-y Disclosure Agreement with a taxpayer.
c kintary Disclosure Agreement may limit the years sub ole t to audit and waive penalti s,
If the taxpayer d sc; uses to the Department that it owes �unicip l Taxes es to City/Town. the
Department shall notif"} C ity°' `I°cawn of'the l epamnent"s hitent to utter into a VOlUntary
Disc,IOSUre Agreement and the Department shall provide the to payer's identity within
thirty, (30) calendar days f the identity being disclosed to Department. City/Town may
subsegUently request an audit of a taxpayer subject to a Voluntary Dkclosure Agreement
pUmiant to Section 3.3 of this Agreement,
7� License Com liatre
7A License Issuance and Mina-svd9: The Department shall isscae neW 11-mllicipal
privilege tax licenses and shall allIlUally renew such licenses for City/Town
Municipal `fax 1 he Department shall provide City/Town with information ab Ut
all persons obtaining and renewing municipal privHege tax licenses as set. forth in
Appendix B ofthis Agreement.
® License Checks: The Department: and City/Town shall coordinate effects to
conduct MIALIal tax license compliance checks thl-OUgh canvassing and other
compliance methods.
September 2023 Page 16 cal'3
ADOR- fcaaaicipal IGA for"TPT AdaTIHstration
7.3 Confidentiality: Any tax license information City/Town obtains from the
Department is confidential and may only be disclosed as aaathorized b „ A.R.S.
- 00., Any tax license inrornnationCity/Town obtains through its own efforts
may be disclosed as allowed by City/Town ordinance or policy,
7.4 Changes to LicenseFees: W4hin ten(10)business days l'ollowing the adoption of
an ordinance (or official acknowledgment of an ordinance approved by voters in an
election) creating or modifying as rr Unic,ipal privilege tax license fee, one (1) copy
of the ordinance and notification of the c rfec,tive date of sUcla ordinance shall be
sent to City Services at eitleSaanit a dor,gaov. 'rhe Department shall not be
obligated to begin collection of the new or rnodified tax license-fee any sooner than
sixty (60) calendar days after t.lae date the Department received the ordinance froaaa
C i t /`T"own.
. loslaa amc�atiaats
The Department shall nodIy City/Town before entering into a Closing Agreement and steal]
seek a raknge of settlement aaUthority from City/Town related to the tax levied and imposed
by City/Town in accordance with the Standard Audit Life Cycle Process.
tam- d ao sibili p for e resentatio�a ire Fitt attlta�a
9.1 Administrative Proceedings: PUrscaant to A.R.S. § `?-600`, the Department shall
coordinate the litigation and defense of assessments and relRaand denials in any
administrative appeals before the Office of Administrative Hearings or the Director
of the Department regardless of the jcarisdiction that condtac=ted the audit, desk
review, or reffind review in accordance with the Standard Audit 1Jfe Cycle Process
Map, The Department shall diligently defend the interests or City/Town and
City/Town shall assist the Department in such representation as requested by either
party,
9.2 Further Appeals: Tile Arizona Attorney General is responsible for defending the
assessment or refund denial at the: Board of Tay; :Appeals, tie Arizona "Tape Coalrt,
and all higher COUrts. City/Town shall assist the At:to mey General in such
representation and litipaation as regaaested by the Attorney Geraeraal"s Office in
accordance Nvith the Standard Audit l.,ife Cycle process Map,
9.3 Mutual Cooperation: The De a.mnent and City/Town agree they shall cooperate
in the appeal and litigation processes and shall eMUre their.auditors,desk reviewers.
supervisors, and other necessary employees are available to assist the Department
and the Attorney General through informal interviews, providing cJocaIments and
records. preparing for depositions, attending depositions and trial as witnesses. and
assisting in trial/hearing preparation, as needed.
9.4 Ada inistraativeDecisions: The l eypartrnent shall provide a copy of all
administrative hearing; level decisions regarding State 'raves and MLIRiCipal Taxes,
inclaadinp Director's decisions issued by the Department, to City/`l`ovvn within ten
(1 ) bLlShiess days after issaaaanc.e of the decision if City/`l'own requests to be
September 02 i Page 17 of"ttl
ADOR- canicipal IC:A. for TPT Administration
inclraded on a distriba.ation list created by the Department for the p�.9rposes of
disseminating such decisions. City/Town may regcaest to be on the distribution list
by contacting City Services at 6t LInijj���zr or Qy. Administrative decisions
contain 'Tax Information and rrrcast be stored and destroyed in accordance with the
Confidentiality Standards (Appendix A).
M Collection of NIuRnji5cjR2jjMS
10.1 'Fax Returns: raxpayers who are srlbaject to City/Town Municipal Taxes are
regraired to pay such taxes to the I e artmerlt Utilizing a form prescribed by tile,
Department.
10.2 Delinquent Tax Collections:ons: Pursraaxlt to A.R S. § 42-6001 a the Department shall
collect any dehngUeM Wnicipal T'ax imposed by City"Town recorded oil the
Department's tax accounting system. In the event this Agreearrent is termiriarted,then
Department shall contirnie to collect delirKgrrent MUnicipal Taxes recorded on the
I epartnrent"s accorantinp system on behalf of City/"Down and distribute any such
arrnocaMs collected to City/Tovwn.
10.3 City/Town Assistance in Delinquent Tax Collections: To expand the
Department's State "rax and Municipal Tax collection efforts by leveraging
C"ity,"Fown resoUrces, City/1"owai may, choose to provide collection efforts by
cleploying C;it,/Town collectors to work in conj ac lUiora With the Department oil the
following terniso
(ar) Training: All City/Town collectors acrthorized to collect obYipatic als in
cooperation with tiler Department shall be; trained in accordance with the
policies of the Department. Training shall be provided in the same rnanner
as set forth in Section 3.1 of this Agreement.
(b) Conflict of Interest: A coHector trained and arathorized under this provision
to perform collections activity shall not conduct any of the following
prohibited acts:
(1) Represent a taxpayer in any tax matter against the Department or
cityrroven while employed by City/Town,
(2) Attempt to rase his/firer official position to secr.�re any; valuable things
or vfaluaNe benefit for himselflherself or his/her fancily me rribers.
(3) Represent a taaxpa)er before the Department or City/Town
concerning any matter in which lie/she personally participated for a
period of one (1) calendar year after lie/she ends ernployrnent with
City/Town.
(4) Use information he/she acquires in the wear e of the officW dUties
as a collector in a rnanner inconsistent with his/her official drrties
withorat prior written approval from the Department.
September 2023 Pate 18 cif'39
ADOR-MLasaicipaa ILIA. for"TP T Administration
( ) For a period of one (1) calendar year after lie/she Grads ernplcayment
with City/Town, work in the same firm as a person who represents
a taxpayer against the DepaArrient or City/" ,owaa unless the firm
institutes Formal barriers to prevent any sharing of inlforrnatiaara
between the trained collector and the remainder of the firm.
(c) evocation: The Departn-sent may revoke the authorization of city/,rown
or of any individual City/1-own employee to collect obligations Under this
Section. A revocation determination may be subJeet to review by S fAR,r
upon recfasest by the individual or City[Towra.
10.4 State of Arizona Liquor License Affidavit: City/Town may request that the
Department issue as ligUor license affidavit. `lm°he Department shall respond to the
regUest via seccared e-mad to indicate the statLas of"completion of the rec UeSt�,N ith
note stating complete, in-process, or unable to complete.
10.5 tracollectible/ liscretio ary rite-offs: The Department shell share the anlWal
list afrouncollectible/discreticana y write,-Gaffs cifC:ity/"1"own*s MUnicipal Taxes prior
to the write-gaff event at the end of'the, fiscal year. City/Town shall have forty-five
(45) calendar days to subaaait feedback.
1 �6 Remittance: All as7aOUnts collected by the Department for Cityaown's Municipal
Tares Under this Agree.raaent shall be remitted to Cityl" own weekly on the basis of
ae IMI collcctions. To the extent possible, the Department shall initiate the
electronic payment by Noon on the Monday after the end of the week in which the
collections were received by the Department. If the Monday ay falls on aa. holiday.
payment will be initiated by, Noon on the'Riesdaayf after the egad ofthe week ire which
the collections were received by the Department. 1�ernitiaance shall be made in the
farm of immediately available fLasads traansl'erred electronically to the bank=acccaLssat
designated by, City/Town.
10.7 Abatement: PUrsLrant to A.R.S. a 42-10 4, the Department, with the approval of
the Attorney General, may abate tax under certain circ:Umstances including
Municipal Taxes. DUring the ordinary course of IsWiness, the Department rnaa
determine that certain taxpayer accounts shall be closed or cancelled. The
Departraaent shall seek input fs-om City/Town or SI ART bellore abating MLrr-aicCipal
'Taxes or closing aac;ccatssats With MUllicipal Taxes due. The Department may request
a telephonic meeting of SMART if time or cirCUmstances regUire immediate action.
10.8 Funds Owed to City/"prawn: At all theses and under all &CLrraastances.. payments
rernitteal by a taxpayer to the Department For City/Town lv Ullic°ipal 'Tuxes shall be
considered property of City/Town. The Department may not retain or fail to rerrait
SUCIa funds to City/Town for anN reason not specifically set forth in this Agreement
inclUdin . bUt asset: limited to,during the.COUrse of a dis Lrte between City/Townand
the Department.
September 02') Page 19 of 39
AC.tO£;.w ftIIIiCfpai IGA. for.t'F''T Administration
®9 Adjustments ents to ,Reported Taxes: If the Department determines that a payment
rem4ted by a;taxpayer incorrectly identifies the city or town to which the payment
should be made, the Department may temporarily hold the payment cffatil tine
distribution elf the payment is corrected to ensure the appropriate city or town
receives the payrnent,1f a paynent by the Department has been made to an incorrect
City/Town, the Department and affected Arizona mcfm6paalities shelf follow the
Standard Inter-Jurisdictional `f ransfer Process Map.
10.10 Collection Reports: The Depaelment shall keep_all Arizona municipalities
apprised of the status of every open cease in a collection stataf s involving the
imposition of Municipal Taxes. City/Town may request:to be on a distribUtieafi ➢ist
for monthly statafs reports by contacting Cities Collections at
citiescollectlon(Di,azdor.aov
L "° tt r at iaa toad Lf aii aaa m its
The Department shall be responsible for iSSLrillg the official responses to taxpayer rLdifai;
regUests and regUests for interpretation of the Model City 'f av Code. City'Town
acknowledges that pUrsuant toA.R.S. § -6005(B), when the state statutes and Model
City Tax Code are the same and where the Department has issued written guidance, the
Department's interpretation is binding on Arizona arftffaicipalities and interpretation of
Model City Tax Code. The l epartratent acknowledges that in all other situations,
interpretation of the Model City, Tax Code is the sole purview Of MUnicipaaf Tax Code
Commission or its designee, This Section is not intended to affect procedUres for appeals
and litigation as outhned in Section amf and Section 9 aafthis A reelnent.
12. Financh r, Collection of Taxes
s
The dusts ita .weed by the Department in administering this Agreement shall be financed
through the State general farad appropriation to the Department. This provision dares not
relieve City/Town of any financial obligation iraaposed by staattfte,
13. Inter-Jurisdictional Transfers "11:EID
The Department shall administer Inter-Jurisdictionai Transfers Of i+✓laffaicipaal Tax monies
s
in accordance with the Standard Inter-JUrisdic tional Transfer Process Map, The affected
Arizona rraWaicipalities shall a rese on any afrfcwa.H% to be transferred before notifying the
Department Of SLIch amounts to be transferred Under this Section,
14. Education and Outreach Efforts
To further its FOCUS sail serving taxpayers and its commitment to funding Arizona's future
t:hrOUgh enhanced customer service. ccafatifacfcfrfs im rovefaaentq and innovation. the
f epaartMent is expanding fts Outreach and edefcaation pro rain to connect with all citizens
of Arizona by strateygica.11}y working with taxpayer and indafstf�y groups. tax practitioners,
Ln
and Arizona's rnUnicipalities to erfsaare consistent tax edUcation is widely available.
September 2023) Paar;e 20 cf`39
ADO -Municipal Its , for TPT Administration
Any City/Town may further this mission, at its sawn expense., in providing edcieatican and
cscitreach to taxpayers. Education and outreach programs and content shall be consistent
with applicable law and the Department's written,gUidance.
Increased education and Outreach efforts Undertaken by the Department and Arizona
aaaUnicipalities will enSUre collaborative; partnerships beneficial to both paalies, emphasize
an ongoing two-,oay exchange of information. enhance, ccaataM Lill ication cal issues of
common interest, and prornote cooperation in areas of overlapping special presjecats.
Thererore, Upon request, ity"town shall provide information to the Department
concerning such edeacation and OUtreach efforts
The Department shall implement an Ambassador Pro raan. whereby the Department
provides curricaaliana, strcactUre, and saappcaa- for education related to tag: administration and
compliance. City/Town shall be provided a standard work process when participating in
Department-led ecILIUltional events,
] � State & Munid ial Audit Resolution Team `' '91
15.1 embers: The WART committee shall consist of Four (4) primary (voting)
rnernbers representing municipal taxing jurisdictions and four(4) prirnai.N (voting)
members representing the Department,_There shall also be two (2) alternate
rnernbe°s representing each party. who are non-voting representatives useless
required to vote due to the absence, reCUsal.or di gUalil ication of"aa primary(voting)
rrieaaaber. All primary and alternate members are regUired to attend all meetings
unless excused.
151 Selection: The Director of'the Department shall appoint Department employees to
serve as primary and alternate members representing the Department.atrtment. Arizona
maaaaic; pt lines shall coHectively appoint municipal ernployrees to serve as priaaaaryr
and alternate members representing the Arizona municipalities. The sauces„abers
representing either party may be changed at any time Following the standard NNork
process agreed upon by both pat-ties.
153 eetid s: SMART T shall meet monthly unless there is no business to be conducted.
Additional meetings can be scheduled as necessary to timely diSCUSs is,caes
presented,
15.4 Issues® 'The Department or itya "Fown may refer issues to SMART for resolution
including beat neat limited to:
(aa) Decisions by the Department to not audit a taxpayer;
(b) Amendments to Department audit procedures or manaaals;
(c) Closing Agreements or a range; of settlement aaathority;
(d) Abatement or account closure in collections;
September 2023 Page 21 of'
ADOR- r.rrait ipal ILIA for T T Administration
( ) Sc.rspeaasiorr of disclosure of Tax Inrormation to Ity/T'own,-
(t) Disagreements regarding proposed changes to the process neaps defined in
Sections l a 19, 1.20, and 1.21 of this Agreement;
Revocation of collection altth ority; an
(h) Other issues as authorized by the Director of the Department or agreed upon
by the parties, SUbJect to the limitations described in Section 29 of this
A rcemerat.
15.5 e om e datio s: SMART shall ai-ake recommendations to the Director of the
f epartMeot or Director's designee. If the recommendation is approved by at least
five (3) raiernbers rail' SMA ,r, the Director shall accept the recommendation of
SMAR'f', If SMART cannot reach to recommendation ttSreeable to at least rive (f)
members of the ffi°trtrp, the Director or Director's designee may act as they deem to
be in the best interests of all patties, NotkN ithstanding the above, Upon request b
City/fr wn.the Director shall submit their decision to the Attorney General's Office
for review,
15.6 retina Any vothrIg member of the committee may request the vote be field by
secret ballot.
15.7 Procedures: SMART shall develop procedures concerning the operation of the
corrunittee consistent with this Agreement.
16. Fundina of Additional Auditors bar CH F/Taosv
1.6J Funding: At the stile discretion of City/Town, City/Town may ccontribarte funding
to the Department tment to pay fear additional aarditors to assist the Department in tiara
performance Hof" atodits ref" Municipal Tax caved to City/Town. Such additional
acrditors funded y City/Town shall at all tires be decreed to be employees ref the
Deptartr-raerat and trader no cirCUrnstances shall be deemed to be employees or a erats
In
of City/Town, It is the Parties' intention that any City/Town Funding provided
perrscrant to this Section shall be rased to increase the rescscrrce,s and capabilities of'
the Department to per form Municipal Ta.x aUdits and 110t trr Ubsidire or replace
State fc ndirag required for audit and collection of taxes,
16. Use ofFunds: City/Town funding ror additional audit rs cinder this Section shall
be rased to Fund the racrditors' salaries and related expenses and shall not be used to
pray for Department office space, utilities, equipment, supplies, or similar kinds of
overhead,
16m3 Pool of Funds: The Department may pool any City/Town fundirap with any rather
similar fundirad provided by other ArrZO11a rrrtralicipalities to pay for additional
aUditors dedicated to serving those jurisdictions. The Department shall separately
aCCOUnt for scrclr fta13ds hl its annual 'bardget.
September 2023 Page 22 cof'39
ADO--Municipal IGA for TPT Administration
16A Accounting- The Department shall provide an annual accoattrtin to City/Town,by
a UgUst 31 each year describing bane City,Town funding was used during the prier
fiscal year,
17. Satellite Offices forartmen Auditors
17.1 Funding: City/Town,at its ova n expense and at its sole discretion. may provide one
(l) or more satellite offices and associated amenities for use by Department
eraaployees to provide: audit and/or custoraaer servlay, to taxpayers. Use Of SLICII
Facilities by Department ernplo)ees shall be at the ,sole discretion of the
Departraaent. Nothing in this Section shall recfarire the Department to snake use of
atrcla facilities provided by City,1 oavn.
17.2 Requirements: Any Department employee Mind a City/Town satellite office 111trst
rneet reasonable requirements of City/Town reiated tO the t►ac of tlae facility.
City/Town shall be responsible for notifying the Department of any concerns and
the Department shall be responsible, for taking appropriate actions to resolve those
concerns.
17.,E Termination: Once a satellite office is established,City/Town shall provide at least
one hundred eighty (1 0) calendar clays'. written notice to the Department prior to
the termination or relocation of satellite office, The Department may disc.ontiratre
the tale of a satellite office at any brae upon notice to City/Town and shall pr ra7p ly
remove aall Department property
17.4 License. All reparirements of City Toren and the Department related to the satellite
office shall be outlined ill at 111rrttcally acceptable form of license; and subject to
separate approval.
17.5 Workers'er°s' Compensation for Satellite Offices and Certain Site Visits: If
employees or City/Toner: or D parhnent are working at the facility of the other
public agency ptrrsuant to this Agreement, it is agreed that:
(a) Each employee will be deemed an employee of both pulshf agencies for the
purposes of"A.l .. . § 2 3.1033( )and Arizona workers' compensation laves.
(b) Each employee's primary employer (i.e., the State of Arizona for a
Department employee, and City/Town for a City/Town employee or
Independent Contractor) shall be stalely liable for the payment of workers'
compensation benefits.
(c) Each public agency for which ernplo}gees of C ity/Toavn or Department are
working at the facility of the other perlalic aaader'rc°y Under this Agreement shall
post a notice com1flying w4h A.R.S. § 33-1 3.2( ).
(d) In aall circumstances other than as provided in the foreyoiraf;, nothing in this
Ain-eenlent shall be construed to result in any person being the offrc.er,
September 023) Page 23 of 9
ADORaMessaicipal I A for TPT Administration
agent,nt, mployee, or servant of either party: when scads person. absent this
Agreement and the performance thereof, WOUld not in law have scads status.
18. Non-availalahlit of Funds
Every payment obligation of'the Department and City/Town pursuant to this Agreement is
conditioned upon the availability caf` funds appropriated or allocated for the payment of
saac;la obligation. except for the rendering of fcssads to City/Town paid by a taxpayer tear
Municipal Taxes car saacsaaicipal privilege tag license; fees of City,/"Boon. If flunds are not
appropriated. allocated, and available, or if'the appropriation is changed reSUltilIg in Funds
no longer being available for the continuance of this Agreement, this Agreerrient may be
terminated at tire end of the period for which funds are available. No liability shall accrese
to the State, or City/"Coven, as applicable, in the event this provision is exercised and tlae
State or Ot:y/Taaaysa, as applicable, shall not be obligated or liable for any future payments
or for any damages as a result: of termiaaaticasa Under this Section. The tern-iination of this
Agreement shall not entitle the Depas•tsa-ent to retain any Municipal Tax collected oil behalf`
of City/1-Own pcsrsrsant to this Agreement,
9. Waiver
Nothing in this Agreement shcaasld be interpreted as City/Town refinqUishing its legal rights
Under the Arizona ('onstitcstion or other applicable laxv, serer that: City/Town is conceding
the administration and collection of its Municipal 'Tax is not ol`a Ioud interest Or slacaadd
not be under local control.
20. Cancellation
The regcsirements of ARS. § 8-51 1 apply to this Agreement. The: Department or
City/Town may cancel this Agreement, WithOUt penalty or further obligation, if any person
significantly involved in initiating, negotiating, securing, drafting, or creating this
. preement care behalf of the Demparts�raent orwity/"f"own is, at any bane while this Agreement
or an) extension is in effect, an employee, agent. or consultant of the other party with
respect to the scsbjec,t matter of this Agreement. .lbe obligation of the, Department to remit
City/"fawn taxes shall survive c°ance3lation,
2 L Notice
(a) When any:Notice to City/Town is regcsired under the terms of this Agreement, such
Notice shall be swat: by electronic correspondence, to:
—Leli eR, Id r It a m tfr�a�ti rt .
a_..____ _._.______.._._._ ...... _ _______
(b) When any Notice to the Department is regarired Under the terms of this Agreement,
wracks Notice shall be scant by electronic correspondence to City Services at
CitieSUIlit rfttzdor cy v=.
September 2p?; Cage 24 of 39
ADO - unicipal IGA for TPT Administration
22eNon-discrimination
ADOR and City/'Fowvn shall comply with ExeCLItive Order 2023-01, which prohibits
discrimination based on race, color, sex, pregnancy, childbirth or medical conditions
related to pregnancy or childbirth, political rar refiGicaars affiliation or ideas. CUIttUre, creed.
social origin or condition.. genetic infbi-oration" seXUal orientation, gender identity or
expression, national origin, ancestry, aage, disability, military service or veteran states. or
maaritad status, by persons perfori-ning state contracts or subcontracts. ADO and
City/I'owvn also agree to comply, with Executive utivve Orders 2 03-22 and 2009- 0 as amended
by 13xer;crtive Order 2023-01, all other applicable State and Federal employment laws,
rides, and re. garlations, including the Americans with Disabilities Act of 1990. ADOR area
tiie city%,'rowvn shall also comply with E xe,crrtive Order 2023-09 prohibiting race-based hair
discrimination.
23. C14aia1 Hance with trazaraf xrratEnra Laws aaaaEA.R.S. m -4401
23.1 The Department and C'itygl°3'crwn shall comply with all Federal immigration laws
and reg Ulations relating to emplcayees and warrants compliance with A.R.S. § 23-
214 which reads in part: "Amer December 31, 2007, every emp9oyer, after hiring
an ernployee, shall verify the employment eligibility of the employee through ugh the
E-Verify rcap;ra nn."
23.2 A breach ofcompliance with immigration kms and regulations shall be deerned a
material breach of this Agreement and may be gi-Oarnds f"ter the immediate
t,enTlinat:ion or this Agreerarent,
2393 The Department and City/Town retain the legal right: to confirm the aU horized
presence and wvor .eUthorization of an) employee who works under this Agreement
to era ffe the Department and City/T'owvn are complying with the applicable Federal
inaraaio ration laws and regulations, and States statartes as set forth above.
2 a Audit of R,ecords
City/Town and the Departnient shall retain all data, books, and other records (-Records")
relating to this Agreement for at least six (d) years
(a) after termination of'this Agreement, and
(b) Following each annual renewal thereof.
AH Records shall be subject to inspection by the Department at reasonable tirnes. Upon
request, the Department and City/Town shall prodcac e any or all scrch records, "E°leis
Agreement is sulbject to AK . § 35-214 and A.R.S. § 35-21 .
25, Amendments
Any amendrrients to the enumerated provisions or Appendices A, B. and C of this
A reement ,most be executed in wvritinCT in accordance with the provisions of this
September 202 3 Page 25 of 39
OR- unicipal IGA for T PT Administration
Agreement. The Standard Process 'Maps described within certain enumerated provisions
are not themselves part of this Agreement.
26. Mutual Cooperation
erattion
In the event of ai disagreement between the parties regarding the teens, provisions, and
r°ecicrirernents of this Agreement, or in the event of the occurrence of any circurnstanc°.es
bearing upon or affecting thisAgreement, parties hereby agree to mutually, cooperate to
resolve the said disagreement or deal with the said cirearrnstanc.e.
. Arbitration
To the extent required byA.R.S. § 12-1518 and as provided for in AR.S. § 12-1 33, the
parties agree to resolve any disptrte arising carat of this Agreement by arbitration.The parties
agree that any lawsuit filed by City/Town relating to tlae issares outlined in Section 19 of
this AgreelTient is not considered to be a dispute arising out of this Algreement.
28. tear in rrtartfaitr
The implementation and exeCUtir tl Of the provisions of this Agreement shall be the
responsibility of the Director of the Department or lsi s/her designee and the Mayor of
City/Town. his/her designee, or another party with designate aUth city paUrsUant to
applicable last orCity/Town charter to act on behall'of C'ityiTown.
9. Limitations
Nothing in this Agreement shall be constrcred as limiting or expanding the statutory
responsibilities ofthe parties in performing functions beyond those granted to them by law,
or as requiring the parties to expend any SLIM in excess of their appropriations.
X Duration
30.1 The term of this Agreement stall cornmence fror-n the latest date as indicated in
Section 33 of this A reennent. and continue in roree thrOUgh December 3 R st of the
l'ollowing calendar year ttiiless canceled or terminated as provided herein. The tern
of this Agreement shrill automatically be extended for scrc;eessive one(C)year terries
cornet ncing on Janerary l st and ending on December 3 l st of each year thereafter
rrrfless canceled or tennhiated as provided herein,
0.2 Amendments to this Agreement that are negotiated and agreed to by a simple
rriaJority of the review committee referenced in Section 30. of this Agreement shall
thereafter be exeecrted by the parties hereto by a separate signed arnendrnent and
incorporated herein to be effective darring the; term or this Agreement and any
extensions,
30.3 This Agreement may be canceled or terminated effective on December 31 st of any
year by either party, by; providing written notices no later than sixty ( 0) calendar
days pricer to the expiration of the term there in effect.
September`023 P,%,e 26 of 39
ADO - unicipal IGA for T°PT°Administration
30.4 This Agreement shall expire on December 3 l st of any year the Department is
subject to sunset review by the legislature. Upon expiration, cancellation, or
termination, any subsequent Agreement must be ratified through si ;h tUre by both
parties.
303 if State legislation enacted subsertUent to the bate of this Agreement substatltiall
affects the performance of this Agreement by either party or saabstaantiaally
diminishes the benefits either party avdtdd receive Under this Agreement, either
party rnay then terminate this Agreement by giving at least thirty 30) calendar
days' notice to the hauler paart:y. The termination shall become effective immediately
upon the expiration of the notice period Unless otherwise agreed to by the parties.
30.6 otwithstaandin any provision to the contrary herein, both parties may by MlItUaal
agreement. provide for the termination of this Agreement i:aprasa such teraaas and at
s acla time as is rnUttiatlly, agreeable to them.
0.7 Any notice of terminatlon shall be maHed and served oil the other party in
accordance with Section 31 of this Agreement.
30.8 In the event of as partial or complete termination of this Agreement, if the parties
have shared or exchanged property the patties will return the property to its oriorinaal
owner or dispose of it in as manner regUired by the original owner as described in
this Aureement.
30.9 DUring the term of this Agreement, the terms and aondillons or this Agreement
shall undergo an annrial review to be initiated no later than Rine l st of each year.
The review shall be performed by a committee made hap of equal parts
representatives of the Department and representatives of the mtUnicipal taping
jurisdictions entering into an IGA with the Department for the administration and
collection of Municipal Taxes.
m Choice'o aaw
The laav s and re Ulaations of the State of Arizona shall govern the rights of the parties., the
performance of this Agreement, and any, dispattes arising Fror t this .Agreement.
32. Entire Agreemen
This docaaMelata iatchidiaag the specific appendices attached hereto, and any approved
saabcontracts amendments, and modifications made thereto shall constitute the entire
Agreement between the parties and shall supersede all other Understandings, oral or
written.
33. i natat e Authority
September 90 = Page 27 of 39
AD OR-MUniciptal IGA for"ITT Administration
33.1 By signing below, the signer certifies he or she has the authority to enter into this
Agreement on behalf of` his or her respective party.. and he or she has read the
Foregoing and agrees to accept the provisions herein on said party"s behalf.
312 ThisAre€went may be e ectited in counterpail...
For the f)epaulment: For ttv —citvia:
SiuKature Data Smamitaarn,
Robert Woods, Director G�Jaltor�� I� ri lrlayar= W
t,ped'Name Band rifle 6'a taed Name aa:d t&c
Arizona Department of 1 everatre, City of Apache Junction
R ntatt;Neame. E°nasty Name
1600 . Monroe St. 300 E. Superstition Blvd,
lddress r1 d(ftess
Phoenix Arizona 85007 Apache Junction Arizona 85119
stets~ Irr Cs State Iip
RESERVED RVED FO "T`HE ATTORNEY OT iSftY GENERAL: nSl'.RVED FOR CITY/TOWN ATTORNEY:
:
This a-reernent between }atrtilic agencies has been This agreement between public agencies has been
reviewed pursuant to A.[2.5.§ 1 1-9J2 bNv the candersianed reviewed Pnrstrant to A.R.S.§ 11-952 by the Undersigned
Assistant Attorney Genera] who has determined that it is City Town Atromey who has determined,can behalf of the
in proper forin and is avithin tlae powers and authority C:'ity 'Town only,that it is in proper form and is Nvithin the
grunted under the laws of the Slate of Arizona to the Pourers and authority granted under the Iaws of the State
Arizona Department of Revenue represented by, the of'Arizona to the City Town.
Attorneys General.
KRIS ri'MA E'S APPROVED AS TO FORM AND At,'°T}=IC)RIT
The Atto ear General J
-e /0
BY: Si naatrare BY:
Assistant Attorney General CITY/TOWN CITY/TOWN ATTORNEY
Date: Dare-
S ptember 20'") Page 28 of 39
A[yC)R-Wnlylpal IGA for TPI'Administration
APPENDIX A
ARIZONA DEPARTMENT OF REVENUE
CONFIDENTIALITY REQUI
1 Confidential Information
I ] "Caonpdentihl Information" is defined in A.R.S. § 42-2 01. Confidential
Information may not be,disclosed except as provided by statute, AKS. y§42-2001
through 42-2004.
1.2 "Tax Information"® as defaned in this Agreement is Confidential Information.
1.3 Disclosure of aggregated financial information. Cinder alo circLanrstance shall
aggregated financial information related to transaction privilege taxes alloy any
person who is not authorized to receive'flax Irdormation to identify; or discover the
financial infonraaation of ass individual taxpayer.
(a) Except as provided in Section C.3(b) of this Appendix" cityrrown will
disclose aggregated financial infon-n ation in accordance with the
Department Standard,
1) cityrrown shaft l only disclose aggregated financial information
from not less that ten (10) taxpayers within the; political bOLltadarries
of City/Town,
(2) No individUal taixpayer's financial information should be diseennible
&C to its relative size compared to other members of the a„gregated
group. T"or example, if one of the taxpayers in the data set:represents
Wo or more of the data point, then that data point must not be
disclosed, ref;aar less of"the IlUr aber of taxpayers.
(b) City/Town may disclose its aggregated financial inrormation f-01TI less than
ten (10)taxpayers provided City/Town first determines the aggregated data
coe.ald riot potentially reveal the financial information of an individual
taxpayer. dLIch as determination shall take all the following into
consideration:
(1) Oi riser shija. tell taxpayers Nvith common ownership entities shall be
considered a single taxpayer for aggregation pUrposes; and
I'D(2) Pr°oj)or°titan of ly No indi"aidaaal taxpaayer`s financial information
should be discernible due to its relaadve size; compared to other
members of the aggregated groLIpb and
September 2023) Paige 29 of 39
A19C)FZmm Same ipal IGA for TPI'Adaaaiaistratiaara
( ) Any rather factor that might allow any person who is not aaat sari ed
to receive Tax Information to identify or discover the financial
iaforaaa ion of'aa individual taxpayer.
2. Protecting car aation
.1 City/Town Mcasf identify all places. bath physical and logical, where City/Town
receives, processes, and stores Tax Information and create a plan to adequately
seccare those areas.
2,2 Tax Information aaaaast be protected during transmission, steerage, use. and
destrcacticara. City/`I}carwaa must have written policies, standards, and procedUres to
dcaccaaaaent how it protects its iaformaticara sysfi:eaaas, hICIcading "fax Information sea
that it conforms to the State of Arizona statcates A,I ..,S. §§42-2001 through 2-2004
and policies, standards, and procedaares f'caUnd on the Arizona. Strategic Enterprise
Technology (" SET") ewebsite at as t. z,,o �t scaaaases/ ca -st<ffl�dra�dmyNtanci-
fa pAt es or ASET 's sraccessor agency or website and Arizona Department of
Homeland Sectarity's awebsite at h t s: /qzdc>las_,Tcyy/try(ocmaliorf-se cettr� mwp?ol��icns
stffn�:aids-and- [mjq dj Liqs,.
2,3 Department staff and authorized C:ity%/T aaawta staff are prohibited from inspecting
Tas. Information caaaless they have as bast@less reason, Browsing through Tax
Information concerning firiends, neighbors, f'arnily members, or people in the news
is strictly prohibited,
2.4 All removable media, including paper and CDs, containing Tax Information alaast
be seccsred when not in use and after norralal business heaaars by placing all materials
in as locked drawer or cabinet. f3caaaiag ease, Tax Information aaaca t be protected sea
that it is not visible to members ofthe pcablic or anyone a.",tithOL11:a bUSiness need for
the information.
15 All indiwidaaaals accessing or storing `fay Information From ail alternative worl1 site
must eater into a signed agreement that specifies hewer the `f'as, Infcarmaation wiII be
protected awhile at that site. Only trl SIed eaaployees shall be permitted to access'Tax
Infiormation from alternative sites. Tax Information allay, not be accessed while is
paablic, places saach as restaaaraants. lounges, or pools,
2.6 Tax Infioralaation may not be discussed in elevators,restrc ores®the cafeteria,or rather
prablic areas, 'ren-ninals shOUld be placed in such a manner that: prohibits paablic:
viewing oi'Tas Inflormation,
2,7 When transporting confidential materials. the niaaterials shcauld be covered sea that
others cannot see the Tax Information, When sending "Maas Information by fax, a
cover sheet slaOaald always be eased,
2.8 Any person With aalscspea•wised access to Tax Information shall receive traming on
the coni'identiaality laws and reclaairernents to protect such information before being
given access to scacla information and annually, therearter, They rriust sigaa
gepteaaabea•2p23 Page 30 of 3
ADOR—Municipal IGA for'TPT Adraairalstration
certificates after the training acknowledging that they understand their
responsibilities, City/Town must keep records to docrrasaerrt this training and
certification and submit a copy of the certification to the Department.
d® Disclosure of Information
.1 "Tura Information may only be disclosed as permitted by A.R.S. § 2- 0 .
.2 Tax Information is protected by statute and, therefore, shall not be disclosed ill
response to a public records request except as acathorized by law. A state agency,
inc ltrdinf political sarbdivisions (City/Town), may deny inspection Of Pcrblic;
records ift:he records are deemed confiden lal by statute. Berry v. Male, 14.5 Aria,.
12, 13 699 P.2d 387, 38 (Aala, 1985).
33 A taxpayer may designate a person to whom Tax Information may be disclosed by
completing an Arizorlaj qpqrtgIgnt of i evenare Forill 285 or Forin 2 5B. or sa.acla
other form that contains the aarathorizing iarfcara-nation inclUded in those forams.
City/1'owvn may contact the Department's Disc:l saII-e Officer at
I isclosa.ar tOfficer°Cr zdc r, 1(2y if there are any qU stions concerning this
requirement.
4. Retention and is to l of Information
4.1 All records received fi•oras the Department must be kept fear the dcrraation of tine
records retention period as listed in the official records retention schedules
approved by the, Secretary of State Library Archives and Public Records Division
("LAP") published on the LAPR wvebsite.
(fa) The Departnierat,s custom records retention schedule is parblished on the
LAPIR wvebsite attt P ibrar ..&oN4!j g r°cis/schedLfles.as �.
(b) In the event: of as legal hold (stacla as as litigation hold or investigative hold),
Department aand'or City/To%Nn may be recicrired to retaaira records beyond the
retention period,
4.2 The Department and Cit) 'Tow n shall follow the legal requirements for reporting
the disposition and destruction of records to the Arizona State Library Archives, &
Public Records Division hinder AKS. § 41-1.51.10. Certificate of` Records
l e trcrc~tion Forms are focraad at: tazlibl° rwm o�JlarrrrJ�tarra�s.
43 All removable media containing 'fax Information parr st be returned to the
Department or sanitized before disposal or release from the control of itty/Towwrn.
4 4 'raax Information must be estro}ecf lad s recidira orw arr°arinf the r3saaterials wvlaera the
retention period has been met and no legal holds are in place. Tax Information rna)
not be disposed of by placing the materials in the garbage, or recycle bins.
Destrtrc°tion of` '"Faas. Information may be perforrned by a third-party vendor,
elater fiber° 023) Page 31 of 39
DOR-Municipal IGA fmar"FPT Administration
City/Town must take appropriate actions to protect: the Tax Immformtma:tion in transit
and stora e before it is destroyed. scorch as periodic inspections of the vendor.
4.5 Computer systera components and devices, such as copiers and scanners, which
have been used to stare or process Tax Information may not be re re°posed Ear non-
tax administration crosas cmmnless the m ernory or hard drive of tine device is samniti ed
to ensure Under no circumstances "fax Information can be restored or recovered.
S. Information Serumf
5.1 Systems containing Tax Information must be protected in accordance with the State
of Arizona Policies, Standards, and Procedures that govern State data -Fou and at
ata s lla cl s, g v,'`irLorrnaflL)ma , tri��-- 3icles-staid m:cis-almmad- rrmc.edm.mres,
parti cmlarly PoNcies and Standards 8000-8410 and the Arizona N1s,r Security:
Baseline Controls.
5.2 City/Town is responsible for creating aarchitectcmral diagrams cal' aiay systems
connecting to the Department's systemns and depicting the: flow or State Tax
Information. t rchiWtamral diagrams for systems connecting to tile ADOR shall be
shared with the ADOR and Updated after any archite ttaral changes.
53 incident Reporting, City ` own is required to mmo fy the,Department in time event:of
a scrospected or an~tUal cmmnaUthorized disclOSUre.of Tax Ini'ormnatio n,data loss, breach,
or mother seemirity concern regarding Tax Inform Information by reporting the incident to the
Department's: 1) City Services Manager by ennail at cifie nitk-Dazdo ggy, p)
Discicasm.ire Officer by email at DiSCIOSLIIreOf"fsc °ee,<,izdot° shy and 5) Chief
Inrormnatio n "Sect:mrity Officer's h ifonnatio n Security Team by emnail at
�i fc?S tii gpitarmat-jv.
5A The Department may send employees or aitditors to inspect any of C;it) `CcmNv.;ma
information systcmns and/or facilities cursed to process. store, or transmit ally
Department data at any th-ne to elm Ure that Department hil'ormnation is a e cmately
protected. city/own shall provide aUdit records and evidence of sy,stemrm and
application hardening to the department's imnfio n-nation seccmrity teamn cmpcamm recicmest:,
Harde nimna evidence can itnclUde, bcmt is not limited to: hf iskSense, CIS benchmarks,
SC;S Msa STI s, or other security best practices. IfCity/Town hires a third-party,
for any system or information stmpport, all security provisions apply,
® Wireless Access if accessing State Confidential Information from a wireless network)
City/rvl.,ow n r m.mst;
6J Establish restrictions, ccmtm -taratiomn/connection regUiremnemnts, and implementation
guidance for wireless access,
C,`p Authorize wireless access to the information system prior to allowing such
connections.
Septemntrer'2if25 Page 32of 39
63 Employ as wireless intrusion detection system to identify rogUe wireless devices and
to detect attach. attempts and potential ccsrat aponiises/breaacli s to the inton-nation
cyst rn.
39
September 2023 Page 33 of3P
ADOR-Municipal ICIA for TPT Administration
APPENDIX B
REQUIRED REPORTS AND DATA FIELDS
.t a nainiMUrn, the Department of lCevenue shall provide the following reports which display all
of fie ds identified below, per report:
NEW LICENSE EN and LICENSE UPDA,rE REPORT
* Region Code
* Run Date
* Report Start Date
cr Report End Date
* Update Efate
* Ili `Fyp
* I
* Account Ili
* Entity Name
* Ownership )pe
* License I '
* C)TO/Applied I or indicator
* Bankl•llptc}` Indicator
* Filint FregUency
* ISSUe Date
* Account Start Late
* BUShIeSS Start late
* Arizona Start Date
Ac°countin Method
* Close Date
* (;lase Code
* 1 LIsiness Description
* I 1C:S1
* NAIC:S
* NAICS
* NAIC;S4
* Mai Hn Street I
Mading Street?
* Mailing Str eG
* Melling City
* Mailing State
* Mailing ZIP
* Mailing C OUntcy
Maifing Phone NUmber
cr Mailing Address Add elate
* Mailing Address End Date
September 3Q?.3 Noe 3=I of 39
ADOR-MLllaecipa9 TGA l'cr'Fl3T Administration
o Audit: Streetl
o Audit Street 2
o _ edit Street
o AUdit City
o Audit State
o AU it Zip
o AUdit Country
o Audit Phone i aaaaaiaer
o Audit Address Add Date
o AUdit ,address Egad Date,
o Location Code
ra Business Codes
o Location Name (DBA)
o Number of Units
o Location Street 1
_. Location Street
o Location Street 3
o Location City
o Location State
o Location 7 p
ar Location C;caaaaatry
o Location Phone dumber
o Location Start Date
v; Location End Date
o Primary Location Street 1
o Primary Location Street 2
o Priaaaaary Location Street 3
o Primary Location City
o Primary Location State;
ca Primary Location Zip Code
ca Primary Location Ccam.aaata°y
ra Primary Location Phone NUrnber
o Primary Location Start Date
o Primary Location End Date
o Owner Naaane
o Owner Title
errs Owner Name 2
o Owseer,title 2
ca Owner Name 3
o Owner"I"itle
CITY PAYMENTJOURNAL
o Pass Date
ca Report Start late
o Report End Date
o C31_,Accounting Period
September 2023 Page 35 of 39
ADO - niclpsl IGA for TPT Administration
* Period End Date
Payrn nt received date
o RetUrn received date
* Payment process date
cterr•ra process date
* Filing FrcqUency
* License ICE
ca Entity Name
* Location Code
ca Location Name (DB )
* Location Strut 1
c, Location Street 2
* Location Street 3
* Location City
ca Location ation t«ate
1-ocration Zip
* Location COrrraUZ
ea 1° A[C`^
* Business Code
* Doc L.,aac Nbr•
* Peat Loc Nbr
* Carcass Receipts
ra Tbt l DedUCticarIs
ra Tax or Fee Collected
* P & l Collected
* AU it Collections
ca Tr'rara Type
* Tr an SUbtype
ca Rev Type
CITY PAYMENT JOURNAL SUMMARY
* Region Code
cr R.LM Date
ca Report Start: Date
* Report End Date
* GL, oyCCOLrratirr Period
ca Brrsirr ss Code
* Numberµ or Accounts
* Collections
NO MONEY REPORT
« Region Code
* GL, a'yccOrrratlrr Period
ca Period End Bate
* Payment received elate
ca Return received date
September 202 3 Page '36 of 3
D R- arralclpal IGA for T Administration
* Payment process date
* Return process date
* F IIIrrg FregU rrcy
* License ILA
* Entity Nerve
* Location Code
* Lactation Name (DBA)
ra Location Street I
* Location Street 2
* Location Street S
ra Location City
rr Location State
Location Zip
* Location Country
* NAIC;
Business Code
* Doc Lac Nbr
Prart Lac Nbr•
* Gross Receipts
* "I"'otal Deductions
* Tax or Fee Collected
* F & I Collected
ra Audit Collections
'Fran Type
cr rran Subtype
dDEDUCTION REPORT
* Region Code
* Run Data,
* Report Start Date
* Report End Date
a GL AcCOUnthiCT Period
* Period Farad Cute
* License II
* Entity Name
Location Code
ra Location Narn DB )
* Business Code
* Doc Lac Nbr
* Dedractiarrl Code
* Deduction Amount
Trace T)pe
* 'Nara Subtype
* Rev Type
September 2023) gage.37 of 39
DOR-Mtrralc°ipal IGA for TPI'Adm inistratlora
FUND ims,rRIBUTION REPORT
* Region Code
ra RUn Date
* Report Start Date
* Rcpon End Date
* G1., AcCOUnfing Period
* Period End Date
* Payment Received Date
Return Received Date
Payment Processed Date
* Return Processed Date
* License l€3
* Entity Name
* Location Code
* Location Name (DBA)
* Business Code
* Fund Allocation Code
* Amount EdstribUtcd
FUND DISTRIBUTION SUMMARY REPORT
o R u ion Code
* Run Date
* Report Start Date
* Report Frrd Date
* GL Accountinu Period
* Fund Allocation Code
* A1110LInt Di stribUtcd
September 2023 Page 38 ol'39
AI R- °Ir nisi a8 IGA for TPT Administraflon
APPENDIX C
REQUIRED 1
1. `-1 Joint Tav Application for a "1 PT License
f1 R Form 1019
2® ' PT-TPT-2 Transaction Privil ae Use and SeveranceT t t f lil
l� ia icy a crr 'TEE ® �a 1 2111,E
OR Form 1 124
s "P -EZ Transaction Pri`Pil e Use and Severance"Tay Return
September 2023 Page 39 oaf 1
City of Apache Junction
' Home of the Superstition Mountains
DATE: November 7, 2023
TO: Mayor and City Council
THROUGH: Bryant Powell, City Manager
FROM: Leslie DeReche, Finance Director
SUBJECT: 2023 Intergovernmental Agreement with the Arizona Department of
Revenue Providing for Uniform Administration of the City's Transaction
Privilege Tax
This intergovernmental agreement (the 2023 IGA) was negotiated with the Department
of Revenue (DOR) and Attorney General's office by the City Tax Administrators Council
(CTAC) Rulings Group, which includes the League of Arizona Cities and Towns, and with
the assistance of several city attorneys and a multitude of tax and IT experts from many
municipalities.
Local Transaction Privilege Tax (TPT) administration is governed by A.R.S. § 42-6001. This
statute requires the Arizona Department of Revenue (DOR) to administer the transaction
privilege and use taxes imposed by all cities and towns and to enter into an
intergovernmental agreement (IGA) with each city and town to clearly define the
working relationship between the DOR and Arizona cities and towns.
The 2023 IGA replaces the 2019 and represents a complete rewrite of the prior
Agreement. Great emphasis was placed on improving the thoroughness and
consistency of the Agreement as well as minimizing the need to look through multiple
sections to answer a single question or resolve a specific issue.
Staff recommends the approval of an intergovernmental agreement with Arizona
Department of Revenue regarding the uniform administration, licensing, collection, and
auditing of transaction privilege tax, use tax, severance tax, jet fuel excise and use tax,
and rental occupancy taxes imposed by the State or cities or towns.
RESOLUTION . 2 -36
RESOLUTION THE CITY/TOWN COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA APPROVING AN
AUTHORIZING Y TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT (ILIA) BETWEEN THE
CITY OF A AC E JUNCTION AND THE STATE ARIZONA
DEPARTMENT OF REVENUE FOR THE ADIN'UNISTRATION,
COLLECTION, AUDIT, AND LICENSING OF TRANSACTION
PRIVILEGE TAXES, USE TAXES, SEVERANCE ®TAXES, JET
FUEL EXCISE AND USE TAXES AND RENTAL OCCUPANCY
TAXES IMPOSED Y THE STATE, CITIES OR TOWNS.
WHEREAS,Title 1.1,Chapter 7,Article 3 (A,R.S• § 1.1-952) authorizes two or more public
agencies to enter into intergovernmental agreements to contract for services if authorized by their
legislative or governing bodies-, and
WHEREAS, A.R.S. § 42-6001 et seq. was amended effective January t, 2015 to provide
that the Arizona Department of Revenue, hereinafter referred to as ADOR, shall enter into an
intergovernmental contract or agreement pursuant to A.R.S. § 11-952 to provide a uniform method
of administration,collection,audit and licensing of transaction privilelae and affiliated excise taxes
imposed by the State, cities or towns; and
WHEREAS, representatives of ADOR and representatives of ,Arizona cities and towns,
with support from the League of Arizona Cities and `Towns, have negotiated the terms of a new
ILIA to take effect as described within that document, which can be adopted individually by each
Arizona city and town, and is the subject of this Resolution,
NOW THEREFORE BE IT" RESOLVED, that the City Council of the City of Apache
Junction Arizona hereby approves the Intergovernmental Agreement between the City of Apache
Junction and the Arizona. Department of Revenue for the administration, collection, audit and
licensing of transaction privilege taxes, use taxes, severance taxes, jet fuel excise and use taxes
and rental occupancy taxes imposed by the State, cities or towns, and authorizes the following:
1. The Mayor, or their duly authorized agent, shall notify ADOR of the City's desire to
enter into an IGA as required by ARS §42-6 01, with an effective date as described within that
document, together with the encapsulated provisions for annual renewals.
2. The Mayor may enter into the proposed ICJA on behalf of the City of Apache Junction,
and execute all such other documents, contracts, amendments and agreements with ADOR as may
be necessary to effectuate this agreement.
PASSED AND ADOP,rED by the City COUncil of the City of Apache RUICtion, Arizona
this day of..
MAYOR
A'1'1'1-",Sl":
City Clerk
APPROVED AS TO FORM:
City Attorney
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.8.
File ID: 23-574
Sponsor: Chip Wilson Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Brief summary of intergovernmental updates from mayor and councilmembers.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.9.
File ID: 23-575
Sponsor: Bryant Powell Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
City Manager's Report.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 10.
File ID: 23-611
Sponsor: Bryant Powell Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Presentation, discussion, and update on the .2% sales tax dedicated to fund roadway
maintenance and repairs.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 11.
File ID: 23-576
Sponsor:Al Bravo Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Announcement of Current Events.
City of Apache Junction,Arizona Page 1 Printed on 111212023
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 12.
File ID: 23-610
Sponsor: Emile Schmid Agenda Date: 11/7/2023
Index: In Control: City Council Meeting
Presentation, discussion, and update on the status of the Weekes Wash project with City
Engineer, Emile Schmid.
City of Apache Junction,Arizona Page 1 Printed on 111212023
CITY COUNCIL MEETING ROLL CALL Date: /I— 7 —02Vel? 3
Work Study Regular Special
S: E: S:j".0) E16 S:&'00 E: to,
CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu
MAYOR WILSON ✓ V/
VICE MAYOR SCHROEDER ✓
COUNCILMEMBER CROSS
'COUNCILMEMBER HECK
COUNCILMEMBER JOHNSON
COUNCILMEMBER NESSER I/
COUNCILMEMBER SOLLER
TOTAL
CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu
City Manager Bryant Powell L/ a/
Assistant City Manager Matt Busby
City Clerk Jennifer Pena ✓
City Attorney Joel Stern
Information Technology Director
Doug Wirthgen
Public Information Officer Al Bravo
Public Safety Director Michael Pooley
Dev Services Director Rudy Esquivias
PW Director Ted Wolff
Parks& Rec Director Liz Langenbach
ED Director Patrick Ainsworth
Library Director Pam Harrison
Finance Director Leslie DeReche
HR Director Anna McCray
Water District Director Mike Loggins
Municipal Judge A. Doug LaSota
OTHERS:
Deputy City Clerk Evie McKinney
Int.Planning Manager Sidney Urias
Building&Safety Mngr Adrian Alegria
Senior Planner
Planner Kelsey Schattnik
Associate Planner Nick Leftwich
PW Project Engineer Raquel Schatz
City Engineer Emile Schmid
S:\Templates& Forms\Roll Call -City Council -Attendance.docx `ro—)2r- iA ee-K
� CUSS
City Council
VOTE - ROLL CALL
ITEM # MEETING OF — v�
MOTION BY:_rv�,�l��.c� Pcr SECONDED BY: It)1440 O
NOTES:
nan
YES NO ABSTAINED
CITY COUNCIL:
COUNCILMEMBER SOLLER
COUNCILMEMBER NESSER 1�
COUNCILMEMBER CROSS
COUNCILMEMBER JOHNSON
VICE MAYOR SCHROEDER
COUNCILMEMBER HECK 1/
MAYOR WILSON v
TOTAL
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Vote sheet 3
S:/5—Templates&Forms/Vote Call—City Council
Date: ( 520a,3 CITY OF APACHE JUNCTION
REQUEST TO SPEAK( FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Itern 11:
I would like to speak on a Non-Agenda matter regarding: �/1� �C LJ ��T� D.tJ• may- {�}f�L�"S—' / GH��i JL
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
47_k1,-h - Mef)Lk
First Name Last Name
(PRINT)
e,
Address City Zip Code
wva Ku s 9::D) Vna.'t 1. Lo
Telephone Email address
This information will be used by staff for-follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a fii.ve rni:nute.Iirlrit.
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache JUnctiOn City Council Meeting. I 'further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9)_
Signature of Parent/Guardian Date
08/26/2019
Date: CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's'Report portion of the agenda.
would Like to speak on Agenda Item ##:
I would like to speak on a Non-Agenda matter regarding:
L \ ! U
Do you wish to speak before Council on this item? Yes No Only If Neces ary
I am in favor of the proposed Item. I am opposed to the proposed Item.
First Name Last Name
(PRINT)
a3 6 1-/ /V D R &T
Address _ City Zip Code
7 -
l� ' cc) tyA
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute-limit
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internee video stream showing their participation. A.R.S. 1-602 (A)(9).
i
Sig kahure o rent/ u ddian Date
08/26/2019
Date: CITY OF APAGIVIE JUNCTION
REQUEST TO SPEAK FORM
-Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report porlion of:the agenda.
I would like to speak on Agenda Item #:
I-would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Itern.
AA//D� ' MEZ:4
First Name Last.illame
(PRINT)
/ 2,)'r):z 8 E-��I
Address City lip Code
—E 63-9 01 [ram r1
Telephone Email addre-s
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City-Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minUte limit and Pubic !-Hearing comments have :a,five r�aanute,l.itz�it.
Consent for Minor to be Audio and/or Video Recorded:
I, as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity 1115-1y be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded dewing his%hcI par-llcHpatlon with the
Likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. 1-602_(A)(9).
Signature of Parent/Guardian Date
08/26/20i-9
Date: 7" 2° Zr CITY OF APACHE JUNCTION
REQUEST TO SPEAK FORM
Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda.
I would like to speak on Agenda Item I/: /
I would like to speak on a Non-Agenda matter regarding:
Do you wish to speak before Council on this item? Yes No Only If Necessary
I am in favor of the proposed Item. I am opposed to the proposed Item.
/1
9�o K9
First Name Last Name
(PRINT)
Address City Zip Code
/ Z
Telephone -r�ddress
This information will be used by staff for follow-up, if necessary. Speal<ers shall mal<e comments directly to the Mayor and City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute Iirnit
Consent for Minor to be Audio and/or Video Recorded:
I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be
audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the
likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9).
Signature of Parent/Guardian Date
08/26/2019
Date: CITY OF APA°CI=1E JUKT.I'ON
REQUEST'TO SPEAK FORM
-Please fill out completely and return to the City Clerk PIIIOR to the conclusion of the City Manager's-Report portion of.the agenda.
I would like to speak on Agenda Item #k:
I,would like to speak on a Non-Agenda matter regarding: 1
Do you wish-to speak before Council on this item? yes No Only If Necessary
I am in Favor of the proposed Item. i am opposed to the proposed 'Iteni.
Fast Name last Name
(PRINT)
Address City Zip Code
90 _202 2&,G
Telephone Email address
This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor aid City Council
when called up to speak at the podium.
Note: Call to the Public comments have a three n1irrute limit and Public {-fearing comments have a iuRe 'nlrn�rte Ilrllit
Consent for Minor to be Audio and/or Video Recorcled:
1, as the parent/guardian of (minor(s)), a minor(s), agree to allow said
minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting: I further Lill d-erstand that thin activity_nasty be
audio and/or video recorded and I hereby consenl to the minor being audio and/or video recorded during his/hel particap.atloli wfih--tl e
likelihood that their image will appear on cable TV and the internet video stream showing their participation, A:R.S..�, 1-602 (A)(9)
f
ignature of Parent/Guardian Date
08/26/201,9
ove ber 7, 2.Q2h3
Consent-Agenda Item Nos.: 1-7 . .
. . . .
I. MOVE-the,agenda be:accepted and the consent items be:approved as
presented.::. .
CITY OF APACHE JUNCTION
a Mayor's Script
Tuesday, November 07, 2023
A. CALL TO ORDER
1 would like to-call-this City of Apache Junction Council Meeting_of-November 7
2023;:to.6rder and ask everyone to put their cell phones on:silent 1
B. INVOCATION AND PLEDGE OF ALLEGIANCE
._. — y . _ . .-... . & ledled.y
The.invocation will be:led b � � - -.-. - the p
C. ROLL CALL
Ro11 Cali
D. CONSENTAGENDA
As a::rem inder=All items under the Consent Agenda wily be approved with on�
motion- If a cou_nciIM''ember wishes to,.remove an item:for. further discussion,
. th:e request will be made prior:to opproving the consent agenda and will bed
moved:to-New Business:
1. Consideration of acceptance of agenda.
2. Consideration of approval of minutes of the regular meeting of October 17,
2023.
3. Consideration of approval of procurement of police department drones
from Gresco Supply Inc., utilizing State Cooperative Contract #CTR065255,
in an amount not to exceed $72,638.81. This item was presented and
-discussed at the October 16, 2023 work session.
4. Consideration of approval of procurement of council chamber audio/visual
upgrade from Conference Technologies, Inc., utilizing the Interlocal
Purchasing System ("T.I.P.S") cooperative contract# 200904, for.a:total,
amount not to exceed $54,219.61. This item was presented. and discussed_:
at the October 16, 2023, work session.
5.:: Consideration.of approval of entering into..a contract with Weems Asphalt ,
fo.r the reconstruction of the City's Fuel Island pavements. The work would
_ .
be through Maricopa County cooperative contract No. 2101.66-S in the
amoun. .
t of 126;674.98:plus a 10% contingency for unforeseen change _
orders in the amount of $12,667.49 for a total not to exceed 139,342.:47.
Work will result in new concrete surfaces'-to replace the-current surface in
very poor condition. Work is planned within the.November 2023 to
January,2024 timeframe.
6: Consideration of approval of proposed Resolution No. 23- 4, a 12-month .
preliminary plat extension for case P 21-98-SD, know* n.as "Old West -
Hi hwa Villa e " a re uest b Greg Loper,:
- g y g , q y g p , representing the cleveloprrient : -
_. and ownership group Galileo Capital Partners; located approximately on
the south side of Old'West Highway between S. Royal Palm Road and 5.:.
TomahaWk'Road.
7. Consideration of approval of Resolution 23-36, an intergovernmental.
agreement between the City of:Apache Junction.an'd the State of.Arizona
Department of Revenue;for the administration,. collection';audit, and
-icensing of transaction privilege:aaxes, use taxes;severance taxes;jet f l ue
excise and use taxes-and rental occupancy taxes imposed by'_the state,
cities o.r.towns.
Do I-have a_motion.on the consent.agenda? wait-for'th or� e motion-and the 2nd
Roll Call
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
sp F. REGIONAL INTERGOVERNMENTAL UPDATES
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8. Region af Intergovernmental:meeting updates from Council.'
G. ..CITY MANAGERS REPORT . . ... . .
9. City.Manager's Repo -Bryant Powell
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10: 10resentation, discussion, and.update on the 2% sales tax dedicated to fund;
foadway maintenance and:repalrs ; Bryant Powell
11. 'Announcement of Current_Events
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H. PUBLIC HEARINGS
I. OLD BUSINESS
12: Presentation;_discussion; and:up.date on the:status of the We' -ekes:Wash;
Project .Emile Schmid J. NEW BUSINESS
K. COUNCIL.DIRECTION.TO STAFF
L:: SELECTION OF-MEETING DATES, TIMES, LOCATIONS AND PURPOSES
M. :CALLTO PUBLIC
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would like to remind eve one that the Call to the Public is a courtes and noti
,'requ.ired by laW:
It-is a time'for:.the public to express requests, communications, comments and :.
sluggestions:�
.Request to speak forms must have been completed and handed to the city clerk
lbefore the end of the .city,managers, report
Al[issues shall be:presented.in a professional manner without personal attacks...
sunder the "open.meetin law the council cannot engage-in discussion on
;issues presented,: :but may respond to criticism:and may direct staff to follow.
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UP:with the.speake:r directly and/or.place this matter on a future:agenda for
council.discussion
-
There is a three-:minute limit for each speaker::
Does council.have any requests of,staffto follow.up on7i
N. ADJOURNMENT— I-adjourn this.meeting;