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Home My WebLink About2021 04.20 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,April 20,2021 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. 21-1 S7 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1-188 Consideration of approval of minutes of the regular meeting of April 6, 2021. Sponsors: Jennifer Pena Attachments: Minutes E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 3. 21-144 Presentation of 25-year Service Award to Celeste Zwolinski of the Police Department. Sponsors: Thomas Kelly F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. City of Apache Junction,Arizona Page 1 Printed on 411312021 City Council Meeting Agenda April 20,2021 4. 21-191 Announcement of current events 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. 5. 21-192 City Manager's Report. Sponsors. Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 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. 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. 6. 21-194 Presentation and discussion of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods. Chamber staff will be available to answer questions. Sponsors: Janine Solley Attachments: Staff Memo Visitor Center Contract FY21-24 Visitor Center Presentation April 19 2021 Visitor Center PSA FY 21-24 DRAFT V3 w Attachment 7. 21-178 Presentation, discussion and consideration on entering into an agreement with Centimark Corporation for the city complex roof re-coating in the amount not to exceed $78,000. Sponsors: Heather Hodgman Attachments: Centimark Memo Centimark City of Apache Junction,Arizona Page 2 Printed on 411312021 City Council Meeting Agenda April 20,3V21 8. 21-182 Presentation, discussion and consideration nn entering into asecond amendment with JB Superior Maintenance Services, LLCto cover the increased Arizona's minimum wage compensation per Proposition 208. The increase will beun additional S25.080ho the initial agreement with a total of$30O.O00ayear. Sponsors: Heather Hodgman Attachments: Second Amendment to JE Superior Memo JB Sunerior 9' 21-185 Presentation, discussion and consideration of Resolution 21-18; ordering the installation of streetlights within the City ofApache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. Sponsors: Emile Schmid Attachments: Res 21-16 Council Memo 10. 21-186 Presentation, discussion and consideration of Resolution 21-17; ordering the installation uf streetlights within the City ofApache Junction Streetlight Improvement District No. 2U21'01-Oo|dview. Sm,mmus: Emile Schmid Attachments: Res 21-17 Council Memo K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff onspecifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 21-09N9 Selection of dates, times and location for budget work sessions, public hearing and adoption of tentative and final budget for Fiscal Year 2021-2022. Sponsors: Matt Busby Attachments: Bu_dget Calendar 12, 21-193 Executive Session utS:O0P.yW. and Work Session ot7:O8P.K4. for Monday, May 3nd and Executive Session at8:00P.[W. and Work Session at7:O0P.K1.for Tuesday, May 4thin the city council conference room and city council chambers located at300E. Superstition Boulevard in Apache Junction, Arizona and other meetings may be scheduled ifnecessary. 8pmrmxos: Jennifer Pena City vr Apache Junction,Arizona Page Printed on 411312021 City Council Meeting Agenda April 20,2021 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 411312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-187 Sponsor:Jennifer Pena Agenda Date:4/20/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 411312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-188 Sponsor:Jennifer Pena Agenda Date:4/20/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of April 6, 2021. City of Apache Junction,Arizona Page 1 Printed on 411312021 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,April 6,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Sidney Urias, Principal Planner Kelsey Schattnik, Planner Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Biggs that the consent agenda be accepted as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 1-131 Consideration of acceptance of agenda. 2. 21-132 Consideration of approval of minutes of the regular meeting of March 16, City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes April 6,2021 2021. 3. 21-143 Consideration of approval for an award of contract to Viasun Corporation for the lining of the Delaware Drive drainage channel from approximately 23rd Avenue to Southern Avenue. The work would be through the cooperative Pinal County Job Order Contract#175623 in the amount of$599,302.31, plus a 10% contingency for unforeseen change orders in the amount of$59,930.23, for a total project cost not to exceed $659,232.54. Work will result in the final phasing of a concrete lining from the Palm Wash entry of the channel to Southern Avenue; depending on final scheduling and weather conditions, work is planned for this coming May and June of 2021. This project was presented and discussed as part of the FY21 Capital Improvement and Street Maintenance Plan at the June 16, 2020 city council work session. 4. 21-162 Consideration of approval of Resolution No. 21-11, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, designating Leslie DeReche as Chief Fiscal Officer for officially submitting and certifying the accuracy of the fiscal year 2021 expenditure limitation report to the Arizona Auditor General. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. 21-138 Presentation of proclamation recognizing April 2021 as Fair Housing Month. Mayor Wilson proclaimed April 2021 as Fair Housing Month and presented the proclamation to Development Services Director Larry Kirch. Mr. Kirch thanked council and encouraged council to discuss fair housing at an upcoming retreat. F. ANNOUNCEMENT OF CURRENT EVENTS 6. 21-133 Announcement of current events from mayor and councilmembers. Councilmember Biggs shared that Zao Theatre is performing Sound of Music over the next couple weeks. Paws & Claws is offering kennel donations and it is tax deductible. Councilmember Evans shared that the city had their annual Scrub&Grub last Thursday. She was at Paws&Claws and saw a mural that was painted by a father and daughter and mentioned how Tractor Supply and Shoppers Supply donate regularly to Paws&Claws. The city also hosted a vaccine event that was put on by Embry Health over the weekend. Councilmember Gremmel thanked Kiwanas Club for their street clean up along Goldfield Road. Councilmember Nesser mentioned that Russell St. John of the Boys&Girls Club recently passed away and will be dearly missed. Vice Mayor Rizzi attended this month's MAG meeting and homelessness was discussed. Mayor Wilson attended the vaccine event and he received a lot of positive comments on it. He will miss Russell St. John greatly. Gypsy the horse was adopted and went to a good home. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes April 6,2021 G. CITY MANAGER'S REPORT 7. 21-14 City Manager's Report. City Manager Bryant Powell gave his condolences on the passing of Russell St. John and shared a couple memories of Russell. H. PUBLIC HEARINGS 8. 21-146 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-14, declaring as a public record that certain document filed with the City Clerk entitled "2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 2: Subdivision and Minor Land Division Regulations"; repealing any conflicting provisions; and providing for severability. Councilmember Evans moved,seconded by Councilmember Biggs that Resolution No.21-14 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,declaring as a public record that certain document filed with the City Clerk entitled "2021 Amendments to the Apache Junction City Code,Volume II, Land Development Code,Chapter 2: Subdivision and Minor Land Division Regulations"; repealing any conflicting provisions; and providing for severability be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wilson stated that item#8 and item#9 will be presented on together and have one combined public hearing but will have their own motions. Principal Planner Sidney Urias presented background information and proposed changes on the Master Planned Community(MPC). Final Plats will still be approved by City Council. Changes in the process will result in a 2-6 month savings to start construction. Mr. Urias presented the design criteria which will help to alleviate many issues. Minor land division changes were discussed. Mayor Wilson opened the public hearing. Mayor Wilson closed the public hearing and asked for a motion. 9. 21-145 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1503, amending Apache Junction City Code, Volume 11, Land Development Code, Chapter 2: Subdivision And Minor Land Division Regulations, by repealing and replacing in its entirety; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 2: Subdivision And Minor Land Division Regulations", repealing any conflicting ordinances; providing for severability; and proving for penalties. Councilmember Biggs moved,seconded by Councilmember Nesser that Ordinance No. 1503 be read by title only and the reading of the entire ordinance be waived. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes April 6,2021 City Clerk read Ordinance No. 1503 by title only. Councilmember Biggs moved,seconded by Councilmember Evans that Ordinance No. 1503,as read by the city clerk, be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Item#8 and item#9 were presented together and had one combined public hearing but have their own motions. 10. 21-148 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-13, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions; and providing for severability. Vice Mayor Rizzi moved,seconded by Councilmember Evans that Resolution No.21-13,a Resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a public record that certain document filed with the City Clerk and entitled"2021 Amendments to the Apache Junction City Code,Volume 11, Land Development Code,Chapter 1:Zoning Ordinance,Article 1-6:Supplement Regulations,§1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions;and providing for severability be continued to the work session on May 17th and public hearing on June 1st. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Mayor Wilson stated that items 10, 11, 12 & 13 will be presented on together and have one combined public hearing but will have their own motions. Planner Kelsey Schattnik presented the background on medical and recreational marijuana dispensaries in the city. Ms. Schattnik shared what other surrounding cities are allowing in regards to marijuana establishments and presented what council's options are moving forward. Councilmember Biggs asked for clarification if the council decided to leave the regulations as is and he is not ready to vote on this tonight. Vice Mayor Rizzi stated that she is no longer ready to make a decision tonight. Councilmember Evans thanked the P&Z Commission for their work on this and wishes to continue this item. Mayor Wilson opened the public hearing. George Schroeder, 2444 W. Virginia Street, says he has a lot of experience in this area. We don't know anything about how this effects kids. It is bad and can cause death. He wants this City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes April 6,2021 environment to be kept away from the kids. This is a problem and it can't be solved in one meeting. Mayor Wilson closed the public hearing and asked for a motion. 11. 21-12 Presentation, discussion, public hearing and consideration of proposed Resolution No. 21-15, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulation, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions, and providing for severability. Vice Mayor Rizzi moved,seconded by Councilmember Evans that Resolution No.21-15,a Resolution of the Mayor and City Council of the City of Apache Junction,Arizona,declaring as a public record that certain document filed with the City Clerk and entitled"2021 Amendments to the Apache Junction City Code,Volume 11, Land Development Code,Chapter 1:Zoning Ordinance,Article 1-5:Zoning Bulk and Use Regulation,§1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations,and Article 1-17,§1-17-1 Definitions"; repealing any confliction provisions,and providing for severability be continued to the work session on May 17th and public hearing on June 1st. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Items 10, 11, 12 and 13 were presented together and had one combined public hearing. 12. 21-150 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1502, an Ordinance of the Mayor and City Council of the Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, by repealing, replacing and retitling in its entirely§ 1-6-12, Medical Marijuana; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana"; repealing any conflicting provisions; providing for severability; and providing for penalties. Vice Mayor Rizzi moved,seconded by Councilmember Evans that Ordinance No. 1502 be continued to the work session on May 17th and public hearing on June 1st. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Items 10, 11, 12 and 13 were presented together and had one combined public hearing. 13. 21-14 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1504, an Ordinance of the Mayor and City Council of the City of City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes April 6,2021 Apache Junction, Arizona, amending the Apache Junction City Code, Volume 11, Land Development, Chapter 1: Zoning Ordinance, by adding a new recreational marijuana use category to certain zoning districts and new recreational marijuana use definitions and adopting by reference that certain document entitled "2021 Amendments to Apache Junction City Code, Volume 11, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions; providing for severability; and providing for penalties. Vice Mayor Rizzi moved,seconded by Councilmember Evans that Ordinance No. 1504 be continued to the work session on May 17th and public hearing on June 1st. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Items 10, 11, 12 and 13 were presented together and had one combined public hearing. I. OLD BUSINESS J. NEW BUSINESS 14. 21-127 Presentation, discussion and consideration of approval of proposed Resolution No. 21-12 authorizing the submission of application(s)to the Governor's Office of Highway Safety Federal Fiscal Year 2022 Grant Program. Councilmember Evans moved,seconded by Councilmember Nesser that Resolution No.20-12 authorizing the submission of application(s)to the Governor's Office of Highway Safety Federal Fiscal Year 2022 Grant Program be retroactively authorized. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Police Chief Thomas Kelly presented that the approval of this resolution is needed in order to apply for grants from the Governor's Office of Highway Safety Grant Program. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 21-135 The next regularly scheduled meetings are Monday,April 19th with an Executive Session at 6:00pm and Work Session at 7:00pm and Tuesday, April 20th with an Executive Session at 6:00pm and Council Meeting at 7:00pm at 300 E. Superstition Boulevard in Apache Junction,AZ. Other meetings may be scheduled if necessary. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes April 6,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Coumci|nmmberEvano. Coumci|mombar 8chmodor, Counoi|memborBiggn. Counoi|momborNeoner and Counci|momber Grommo| No: O M. CALL TO PUBLIC George Schroeder, 2444 W. Virginia Street in Apache Junction, listened to the work session last night. The garbage deal was supposed to mean less trucks on the street but he has trucks on his street five days a week. He is really good at what he does. He wants the people out ofhis neighborhood. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF . 2O21. BY THE MAYOR AND CITY COUNCIL 0F THE CITY OFAPACHE JUNCTION, AR|Z{)NA. SIGNED AND ATTESTED TO THIS DAY 0F . 2021. CH|PVV|LSON Mayor ATTEST: JENN|FERPENA 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 . 2O21. | further certify that the meeting was duly called and held and that a quorum was present. Dated this day of . 2021. JENN|FERPENA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-144 Sponsor:Thomas Kelly Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation of 25-year Service Award to Celeste Zwolinski of the Police Department. City of Apache Junction,Arizona Page 1 Printed on 411312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-191 Sponsor: Chip Wilson Agenda Date:4/20/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 411312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-192 Sponsor: Bryant Powell Agenda Date:4/20/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 411312021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-194 Sponsor:Janine Solley Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation and discussion of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods. Chamber staff will be available to answer questions. City of Apache Junction,Arizona Page 1 Printed on 411312021 �U DATE: April_ , 2021 MEMORANDUM TO: The Honorable Maor and Cityuncil e rs THROUGH:MEMORANDUM Bryant Powell, City Manager Matt Busby, Assistant CityManager MEMORANDUM FROM: Janine Solley, Economic Development Director SUBJECT: t co` ion for Visitor Center'Services For many years, the Cityof ApacheJunction has contracted for a local visitor center r residents, riss and seasonal guests can go for a one stopshop to find information o the area, things to do, and goodsn is s they can find locally. Our current contract for services is 'with the Apache Junction Chamber of Commerceit the term endingJune 30, 1 r process in the pastn to release a Requ s for Qualifications for this service each timethe contract is renewed. However, with recent Procurement o s, travel tourism center and marketingo re exempt. We now mustidentify potential qualified rovi rs, assess their level of interest, and proposen e i terms for visitor center is s. In an eff ort to find the mostqualified provider, staff utilizes Arizona ice of Tourism as resource to find a provider that is affiliatedi it accredited Visitor Information n r program. Being a center already accreditedthe State means the provider has been meets established guidelines, receives osure with listings official Visit Arizona and multiple official visitor publications and actss the oversite armensuring r r operating as per requirements ofthe State's program. We have alsoconsidered if there` are other:potential locations, si s r facilities i Apachecion that might serve as visitor centers that meet guidelinesr service deliverables similar to those of theState' cc ifed program. The goal is to ensure have identified Il potential providers andi very best optionsability provide level ise we desire forr visitors. At is time, staff is recommending city contract for visitor center services i Apache` ci r of Commercer a number of reasons. single service °provider ic` s since inception and hav it continue. They are one of thoseccr i " rs by the Arizonaice of Tourism intend maintain it status as such. They have the abilityr r located in the heart of r downtown, get shiningreviews r visitors, have the facilitycollateral satisfy visitor needs, and for the budget we receive great value for the servicer i . After discussion and negotiationi the ApacheJunction r of Commerce, staff respectfully requests council approve a threer contract withoptions for r extensions I{ i° I amounts, paid quarterlyc to council appropriation off s: 21/22 $49,920.00 • '( 23/24 $53,994.00 Extension Options: 24/25 $56,154.00 25/26 $58,400.00 Staffill bring thisitem back , 2021 regular i consent Y � i r £ rt r r 4ty r r;#�r to S1rYs�rr�s�rn�il llr7 rii;1� � ? 7 r{f +Wt'ttw!4�R1Yd+P ti"��"'*4"�r3 n�rvw+am�,+u nwbw.ze�ww.wpmaaaa„�w�wiw,�.ewrv,»:�mmvair+:«,.�,rr.�.;.,,rwa»� e^s•M'�,�«,�wmu„.�.+,,:.�.w.vc,:m+n; w�,. xw..,.a� ,:�ma��.,.ram:,�.+x.�aewu.�«��;�,�sv,ww.wmm„arre�~�azuwammm�roma�an �amM�+ p} s r 4 rIr rrrt iti 'J SS11......}l1 rrjs }r4F7St�it r £�s: NE; sown r . 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Contract negotiations with the Apache Jurct � { Commerce and Visitor Center recom en iddh Three year agreementIt4,��1 };} FY 21/22 $49,920 YtY FY 22/23 $517 971 f FY 2 /24 $53,994 t Option for two one-year automatic 4iten� �t4{£4��p� t { ! t s 44 t CS( }ft FY 24/25 with 4% increase FY 25/26 with 4© increase �� i tS tt� t{!£f}I lii �4tF Contract approval on C 2�7�iilt4 t{ titi. rr,£ 4{tit St}r z4t iYt#°(}}}7#4£7 s' t4 { f� t`••;ltt�t�y~}( t { t; (4�t tt �tt }} ttttt tr�t£�}4t}�F t�(��,��l;t d ��}��{rat{`•tJ Yt}r44}�I � 2, '[; t �;�t.I� a t 4S4 it £tY t#t tf'i�1��}� t , h1 �. ,tb4t(�tY'i '� ' 6'7%J3 }L 1y y �S.n` t i 4,�,. i it:.. ;tj}i}t}s�l��} {�Yt€4.�t�4if7Ii�4��}�� <��•�� ✓�t� `�.. S.� }Y t�I4 t tt� �'� 4� Y }it t i)'. f ;3 l.';:.!{I�4}{tt3�4ti��f��£� y��• �� . 4{!!"t<>a��i a{ t 4 rrz4t ,,,Y,{� q} ��P�ri( 4 `~+•.tit# r{-a t s t t{stsa 4i4i {t�!st r#. t I C# 4,r{� g'f - t t t;ii''ri{s}l sir i t � a>Frr,�c is satJti$t�c s{{n a E}n a. 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Y' a ¢ 24t t��1 t�tZ�i3};s�t7i'��ait( li}rjtgc ii{�a�Iirra;3t�tiirtt� �� i}t , i � PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER This Agreement is made as of the day of 20 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party", for professional operational services of a local visitor information center. RECITALS A. City desires to retain a consultant to operate a local visitor information center and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The services offered by Consultant are exempt from Article 3-7: Procurement Procedure, § 3-7-7 travel and tourism center or marketing efforts. C. The Parties last entered into an agreement for professional services from July 1, 2020 through June 30, 2021 for the sum of$48,000.00. D. The Parties set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in the Scope of Work in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $155,831.00, in accordance with the Fee and Quarterly Reporting Schedule set forth in Exhibit B. If the Parties exercise their extension options in Section 4 below, the amount for each year shall be $56,154.00 for FY24/25 and $58,400.00 for FY25/26. 1 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: The term of this Agreement is July 1, 2021 through June 30, 2024. Following the initial term, the Parties may agree to extend this agreement up to two (2) additional one-year automatic periods. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Bryant Powell, City Manager 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: Apache Junction Chamber of Commerce Denise Hart, President/CEO 567 West Apache Trail PO Box 1747 Apache Junction, AZ 85117-1147 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. 2 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. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but 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. 3 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 Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or 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 Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." 4 If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. 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, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache 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 Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: 5 "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced 6 Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement or any extension may be terminated by either Party for any reason upon one hundred twenty (120) days written notice. If this Agreement or any extension is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Consultant, its agents, employees, or any tier of Consultant's subconsultant in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subconsultants in the performance of this Agreement or any subcontract, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subconsultant in the performance of this Agreement or any subcontract. Consultant 's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant 's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant , any tier of Consultant 's subconsultant or any other person for whose acts, errors, mistakes, omissions, Work or services Consultant may be legally liable. 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. 13. TAXES: Consultant shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 14. PERMITS & FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant shall give all notices and comply with all laws, ordinances, rules, 7 regulations and lawful orders of any public authority bearing on the performance of the obligations. Consultant represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Consultant 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 all applicable laws. If there are taxable activities, a business license shall be converted to a transaction privilege tax license by the Consultant through the City of Apache Junction City Clerk's Office. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of 8 services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 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 Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 9 22. SUCCESSORS ASSIGNMENT & DELEGATION: City and Consultant 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 this Agreement. Neither Party to the Agreement shall assign the Agreement or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 25. PROHIBITION TO CONTRACT WITH CONSULTANTS 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 Consultants who engage in boycotts of the State of Israel. Should Consultant 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. 26. 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. 27. POLITICAL ACTIVITIES: As a service-based company, Consultant is a non-political organization. Consultant's employees are prohibited from engaging in any partisan political activity with respect to candidates for local political office beyond the private expression of personal opinion, registering as a member of a political party, circulating and signing nomination petitions, soliciting any contributions in cash or services to support a candidate, and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any contribution in cash or services from employees to support any candidate for local public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer engages in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. In this section, "local 10 political office" means the Mayor and Council offices for the City of Apache Junction. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation By: Denise Hart Its: President/CEO 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: R. Joel Stern, City Attorney 11 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_, by Denise Hart as President/CEO of Apache Junction Chamber of Commerce, an Arizona non-profit corporation. Notary Public My Commission Expires: 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 the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 12 EXHIBIT A SCOPE OF WORK The services to be provided to City shall include the following: 1. Operate a Visitor Information Center ("Center") as approved and under the guidelines of the Arizona Office of Tourism ("AOT") as part of the Arizona Visitor Information Center ("AVIC") Designation Program. (see Attachment#9) 2. Submit timely quarterly reports consistent with the customary reports established by the AOT AVIC program and a summarized expense report of direct costs associated with operating the Center. Detailed receipts for any of the expenditures may be requested by City and shall be produced by Consultant within ten (10) working days from receipt of such request. 3. Report at least once annually during the term of the Agreement on the performance of the Center to the mayor and city council. This report will consist of an appearance by Consultant's staff at a City council session (regular or work). 4. Special projects clause: If special needs or opportunities arise related to enhancing visitor services beyond AVIC requirements that Consultant would like City to consider supporting, those requests may be presented for consideration separately from this Agreement. There are no guarantees, expressed or implied, that any such request would be approved or funded by City. EXHIBIT B FEE SCHEDULE In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows: A. Within ten (10) working days following the last day of each fiscal year quarter, Consultant shall submit to City's Economic Development Office reports established by the AOT Guidelines and a summarized expense report of direct costs associated with operating the Center. Consultant agrees to submit to City typed, quality reports. B. An aggregate sum: a. 1st Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. b. 2nd Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. c. 3rd Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. d. 4th Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. e. 1 st Quarter FY 2022/2023, $12,979.25, subject to council appropriation of funds. f. 2nd Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. g. 3rd Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. h. 4th Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. i. 1 st Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. j. 2nd Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. k. 3rd Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. I. 4t" Quarter FY 2023-2024, $13,498.50 subject to council appropriation of funds. EXTENSIONS m. 1 st Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. n. 2nd Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. o. 3' Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. P. 4t" Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. q. 1 st Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. r. 2nd Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. s. 3rd Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. t. 4th Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. C. Notwithstanding the fee arrangements outlined above, City reserves the right to quarterly review Consultant's performance as related to the Scope of Work delineated in Exhibit A of this agreement. f TOURISMARIZONA OFFICE OF Arizona Visitor Information Center (AVIC) Designation Program The Arizona Officef Tourism's ( T)Arizona Visitor Information Center Designation program s created , in reference to A.R.S. 41-2305 B8, withfine r s o establish network of officially siArizona Visitor Information Centers ( VIC )throughout the state` of Arizona. Primarilyoperated by local chambers of commerce or convention and visitor bureaus, designatedVI s help promote local Arizona communities as well as regional and statewide attractions, stinains, dining` options and hospitalityamenities. These information centers often serve as a visitor's first stop, giving communities the opportunity to provide a positive first impression of the surrounding area and Arizona. Applicants choosing to participatein the programmust accept the conditions i eline forth by .-AOT will inform participants of any programupdates or changes. Conditions and Guidelines for Obtaining an Official Arizona Visitor Information Center Designation 1. The Designee shall pay a one-time application fee of$250 and an annual $100 renewal fee. The 0 fee shall'be payablein one lump sum upon the approval date of the official designation of the Arizona Visitor Information Center( Vl ). The$100 fee shall be le in one lump sum on the renewal data of the designated center. Note that i nentity is currently part o 's Rural Cooperative Marketing Program, the AVIC one-time application fee is $125. As of March 2020, AOT has waived the first annual $100 renewal fee for all AVICs. The fees shall compensate for costs incurred the production of programmaterial for the designated center. Late payments'may cause the Designee to be excluded from T marketing publicationsother promotional materials. 2. Once approved, AOT will facilitate a meeting between the Designee andArizona Department of Transportation ( )for the construction and placemento local and state street/highway si n(s), such as the blue "Arizona Tourism Information"directional highwaysigns. The Designeeshall provide clear directional highway and street i n to promotelocation of the visitor center. t r for such signs must comply i thoses lis . It is the responsibility of the Desin o assure that graffiti ARIZONA OFFICE OF TOU Ill SM is removed repairs r to the signs. Those that arerepairable must be replaced. Hi ishall be coveredit the Designees met all criteria, passedinitial inspection, rciv approval from n . . The Designeeshall not receive oper in land/or marketing funds from t Arizona r AOT for the designated' VI . 4. The Designee shall make an effort tooperate it the support, and preferablythe involvement, of the area's principal Destination Marketing Organization ( ). 5. Any change to t si nee' management r their contact information st be submitted to AOT, in writingwithin thirty ( ) calendar days of the date of the e. Any change in ownership of the facility t be submitted to AOT no less than ninety ( ) calendar days in advance of the change. AOT reserves the right refuse the official designation if new facility management does not comply ith AOT's AVICprogram conditions and guidelines. . The Designeeshall be operatedfrom r n nt structure of attractivearchitectural ` sin at the address providedDesignee `lic tion. The center shall have no less than 500 squareof publicr unless otherwise approv in writingy AOT.;An information kio ,walk-up facility or other similar structures are not considered Offici Arizona Local Visitor Information enters unless approved in writing by AOT. . The Designeeshall maintain attractively landscaped n clean grounds. . The Designeeshall not include real estate and time-sharesales, telemarketing and other high-pressure sI r s. Involvement in such ventures shall result intermination of the official designation. ARIZONA OFFICETOURISM 9. T " Designee may sell books, souvenirs, cards, gifts, apparel or other merchandise value relevance to travelers, so long rc i is of good taste and of competitive price" to goods sold near the facility. 10.All Designees must be compliant it the Americans with Disabilities Act( )'and are subject ll federal laws pertaining to the 's most current requirements ( .ada.00v). If the designatedcenter `qualifies for 's historic building exceptions, the'Designee ut notify AOT during the application process. 11.The DesigneeII have adequate restroom facilitiesv ila l for public use, including people i i ilii s. The restrooms shall'be ADA compliant and must be properly maintained. If the designated center qualifies for 's historic building exceptions, the Designee u notify during application roces. 12. Except for the Thanksgiving, ris s Day and New Year's Day holidays, the Designee shall be open seven days a week. Each center "must be open an t ed a minimum" 40 ours per week. Hours of operation will be determined by'Designee. Hours o operation mustb clearly posted. Any exceptions or changes to these hours of operation must be approved in advance by AOT. 13. The Designeeshall have available adequate parkingi cilii for bus, recreational and other oversized vehicles h o f I . minimum of five-paved par i spaces must be availablefor visitors' usage, withleast one parkingspace designated "Wheelchair Accessible". If your parking lot has more than 26 parkings, ADA requirements change and must . ( .eda ov). 14. The Designee II display marketing material signifying that they areOfficial Arizona Local Visitor Information Center. The marketingt ri I shall be prominentlydisplayed on the interiorand/or exterior of the designatedcenter. AOT will provide thefollowing marketing material: laminated rizon state maps, dry-erase r rs and OFFICE OF ARIZONA erasers, ) identifying win I c r n O identifying pos r marketing 'ri I is incorporated into the application 15. The Designee shall display local, state, tribal or federal governmental tourism information, including h produced y AOT, at no cost to the governmental entities. AOT publications ill be furnished to the designatedcenter once it has received icil designation. Publications will include, but are not limited o,the Official State Travel Guide n the Official State Visitor's Map. Should other publications become available through , all designated centers will be notified. Publications will be disseminated basedo sup"ly and demand. 1 .The Designess shall promote all regional tourism related civil s and attractions in the surrounding r of just those related to the designee'sbusiness. 1 . The Designee's personnel shall be trained about Arizona tourism and statewide destinations under guidelines recommended T. AOT shall assist by providing training o the Designee's management, who shall ensure the center's staff is similarly trained. 1 . The Designeeshall be providedfour O Arizona Tourism r i s for the designated center's ers I to wear when possibleO Arizona Tourism Branded s. Cost of the apparel is incorporated into the applicationDesignee y purchase additionalsis or hats if wanted. . The Designeeshall provide general Arizona tourist information ii the designated center. is I y us include information out traveling wi i immediate region, as well as throughout Arizona, us include state maps, regional roc r s, out Arizona travel destinations. The displayedinformation should u Il represent the state in its entirety. Topicsfor displayed information l include, but not be limited attractions, recreation, c i s, restaurants, retail, transportation and travel ARIZONA OFFICE OF TOURISM services. No more than ten percent(10%) of the total literature offered may represent non-Arizona entities. 20. Each center us is 'I large ( "X 30") laminated state rovi y AOT. Cost is incorporated into a one-time application 1. The Designeeshall maintain and report information monthly to AOT including, but not limited to, statistics regarding the number of visitors tote designated center. These monthly visitor numbers shall be submitted to AOT by the 1st business day of the following n . Failure report this information in a timelymanner may result in the exclusion of a designated center in 's marketing programs, projects and state tourism u lic tion . . The` Designee shall be highlighted on AOT's consumer website, VisitArizona.com, Visit Arizona , the Official State Travel Guide, travel maps and other Arizona Tourism related pu licatios "maintained and issued by AOT. The Designeemust provide reciprocal promotion of the Visit Arizona website ( ii rizon .c ) in advertising, promotional activities, related collateral, on its website and on the physical premises. .AOT shall conduct inspections of the designatedcenter, both announcedn unannounced. Failureo pass an inspection result in an additional inspection. Failure o pass a secondinspection in a year may,result in loss of all program specific benefits (websitelisting, state travel guide listings, Visit Arizona listing). Designee will be placed on a 60-dayprobation fix issues noted in the inspection. Failure to fix issues ill results in the loss of designations an Official Arizona Local Visitor Information Center. If designationis revoked, sinee must reapply to AOT for reconsideration after six months. 24.Any variation r is plan not approvedII make the Designation null and void. ARIZONA r questions or more information about the ArizonaVisitor Information Center program, contact Alix SkelpsaRidgway, Director of GovernmentCommunity irs, at 602-364-3697 r via email grid toorisrmaza ov._' City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-178 Sponsor: Heather Hodgman Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration on entering into an agreement with Centimark Corporation for the city complex roof re-coating in the amount not to exceed $78,000. City of Apache Junction,Arizona Page 1 Printed on 411312021 t Public Works Department t. Home of the Superstition Mountains Date: April 6, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Centimark- Re-Coating City Complex Roofs The city is working on the final phase of preventative maintenance to re-coat the city complex roofs. This work will cover Human Resources, Municipal Court, Management Services, Council Chambers and City Attorney departments. The work will be through the cooperative Mohave Contract# 18R-CTMK-0418. Staff respectfully requests entering into an agreement with Centimark Corporation for the re- coating of the city complex roofs in the amount not to exceed $78,000. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 CITY COMPLEX ROOF RE-COATING AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CENTIMARK CORPORATION THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and CENTIMARK CORPORATION, a Pennsylvania corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide roof re-coating services (the "Work") for the City Hall, Human Resources and Municipal Court buildings, located at 300 E. Superstition Blvd, Apache Junction, AZ 85119, Public Works Building Maintenance Project # 21-14 (the "Contract Documents") (See Exhibit A). 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, detailed in Exhibit A. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed seventy eight thousand dollars ($78,000) (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: The Term of this Agreement begins April 21 2021 with a completion date of June 30, 2021. 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 ten (10) yearn on the manufacturer warranty for restoration services 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) yearfrom'the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of 2 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 executionand 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. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 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. 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 3 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 attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of 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 tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth 4 herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 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. 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 5 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. 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 6 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. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies 7 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 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 effected by written order and shall be binding upon City and Contractor. 8 All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager's decision shall be final and binding. 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. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 21. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 22. FORCE MAJEURE: Neither City nor Contractor, as the case may be shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, 9 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. 23. TERMINATION 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. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 24 RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 10 25. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 11 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. 31. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401 Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E Verify program. if Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City atits 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. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 20_. 12 CONTRACTOR: CENTIMARK CORPORATION, a Pennsyl i cor orati , � By Sheri L.01enak . , ItS; Assistant Se'cretaLy 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 13 STATE OF s )ss. County of ; The foregoing was sub cribed and sworn to before me this 541day of 2021, as of Centimark Corpo ation,a Pennsylvania corporation. Notary Public My Commission Expires: Commonwealth of Pennsylvania-NI tary seal Edna Schaefer,Notary Public C) � ) Washington County My commission expires JL r:�10,2323 Commis,,,ton number 1291335 ��a� h1et�)b�sr,e'-� m +lvanla STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this day of , 2021, by Walter "Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 14 EXHIBIT A 15 CENTAWRK, thnovative,ftofing and Flooring Solutions. District: City of Apache Junction DATE: 3/26/2021 300 E Superstition Boulevard Apache Junction,AZ 85119 Attn: Larry Dewitt 480-797-3437 Project: Apache Junction Human Resources .scone gf Work Clean roof in preparation for re-coat. Perform any necessary repairs prior to application of new coating system. -Furnish and apply primer and 2.5 gallons per 100 square feet of acrylic coating(white)over inside of parapet walls. Furnish and install surface primer to roof surface. Broadcast#6 roof granules into the primer coat. -Furnish and install Omni Guard cementitious coating over the prepared roof surface:, Provide CentiMark 10 year labor and materials warranty. Mohave Extended Ann# Work Description 21Y U.1w Price Price 1.2a Water Resistant Roofing-Pressure cleaning (walls and roof surface) 3,110.00 SF $0.30 $933.00 1.34e Prime substrate 3,110.00 SF $0.25 $777.50 1.88c Acrylic(elastomeric, UL listed, Class A,40 DFT(walls) 700.00 SF $2.00 $1,400.00 1.88f Add cementitious rock coating(roof surface) 3,110.00 SF $1.25 $3,887.50 1.121ss Equipment Rental-Fork truck 1.00 DAY $660.00 $650.00 1.121f Prime contractor ten-year manufacturer warranty on restoration services 3,110.00 SF $0.07 $217.70 Sub Total`: $7,865.70 Bond: N/A $0.00 Total: $7,865.70 Pricing above is good through April of 2021,subject to line item increases thereafter. Above pricing INCLUDES applicable taxes and Mohave's administrative fees Mohave Contract Number: 18R-CTMK-0418 Arizona License Numbers: ROC172001,ROC139890 Chad Anderson Service Sales Representative COOPERATIVE chad.anderson@centimark.com Office: 602-333-6645/Mobile:602-332-0089 CENTIM,ii"11K, InnovativeRoafting and loorfng Solutfo s h District: City of Apache Junction DATE: 3/26/2021 300 E Superstition Boulevard Apache Junction,AZ 85119 Attn:: .Larry Dewitt. 480-797-3437 Projects Apache Junction City Hall Sections 2-4 Scooe of Work -Clean roof in preparation for re-coat. -Perform any necessary repairs prior to application of new coating system. -Furnish and apply primer and 2.5 gallons per 100 square feet of acrylic coating(white)over inside of parapet walls. -Furnish and install surface primer to roof surface. -Broadcast#6 roof granules into the primer coat. -Furnish and install Omni Guard cementitious coating over the prepared roof surface. -Provide CentiMark 10 year labor and materials warranty. Mohave Extended Ann# Work Descri2lionUIZI Price Price 1.2a Water Resistant Roofing—Pressure cleaning (walls and roof surface) 20222 SF $0.30 $6,066.60 1.34e Prime substrate(walls and roof surface) 20222 SF $0.26 $5,055.50 1.88c Acrylic/elastomeric,UL listed,Class A,40 DFT(walls) 3599 SF $2.00 $7,198.00 1.881f Add cementitious rock coating(roof surface) 20222 SF $1.26 $25,277.50' 1.121ss Equipment Rental-Fork truck 3 DAY $660.00 $1,950.00 1,121f Prime contractor ten-year manufacturer warranty on restoration services 11672 SF $0.07 $817.04 Sub Total: $46,364.64 Bond: N/A $0.00 Total: $46,364.64 Pricing above is good through April of 2021,subject to line item increases thereafter. Above pricing INCLUDES applicable taxes and Mohave's administrative fees Mohave Contract Number: 18R-CTMK-0418 Arizona License Numbers: ROC172001,ROC139890 Chad Anderson Service Sales Representative COOPER AT IV E chad.anderson@centimark.com Office: 602-333-66451 Mobile:602-332-0089 a CENTIM Innovative Rooting andFlooring Sir/ t/ores" District: City of Apache Junction DATE: 3/26/2021 300 E Superstition Boulevard Apache Junction,AZ:85119 Attn Larry Dewitt 480-797-3437 Project: Apache Junction Munincipal Court Scone of Work -Clean roof in preparation for re-coat: -Perform any necessary repairs prior to application of new coating system. -furnish and apply primer and 2.5 gallons per 100 square feet of acrylic coating(white)over inside of parapet walls. -Furnish and install surface primer to roof surface. -Broadcast#6 roof granules into the primer coat. -Furnish and install Omni Guard cementitious coating over the prepared roof surface. -Provide CentiMark 10 year labor and materials warranty. Mohave Extended Am# WorIS Des ri to ion t,�y lei Prlce Prfce 1.2a Water Resistant Roofing—Pressure cleaning(walls and roof surface) 10,033.00 SF $0.30 $3,009.90 1.34e Prime substrate 10,033.00 SF $0.25 $2,508.25 1.88c Acrylic/elastomeric UL listed, Glass A,40 DFT(walls) 1,800.00 SF $2.00 $3,600.00 1.88f Add cementitious rock coating(roof surface) 10,033.00 SF $1.25 $12,541.25 1.121ss Equipment Rental-Fork truck 1,00 DAY $650.00 $650.00 1.121f Prime contractor ten-year manufacturer warranty on restoration services 10,033.00 SF $0.07 $702.31 Sub Total'. $23,011.71 Bond: N/A $0.00 Total: $23,011.71 Pricing above is good through April of 2021,subject to line item increases thereafter. Above pricing INCLUDES applicable taxes and Mohave's administrative fees Mohave Contract Number: 18R-CTMK-0418 Arizona License Numbers: ROC172001,ROC139890 Chad Anderson Service Sales Representative COOPERATIVE chad.anderson@centimark.com Office: 602-333-6645/Mobile:602-332-0089 ,I r g 4 r, MF k ;u r " s , 4 ae r �. �:$ } � �53 ,C.,�}'e. YAP � �rx' �� k'•lP ,4 f � 4 a 4 � .r } " 3 � S } d t 4>m �} S tl h ti }r S } *� izi �. .. t ` �,�.�........� .��., ..r. _ *ty jg y i . a - #4 s# o O= c t r a E m J. E aJrA m } 021 HUM . IN L a Ti m c m w � ¢ � �o E v z � E i. # ¢ c E E ate.Q N all } m E ¢ �w �3 N. J 3 _ s � 'EE� }t* # " o # s \ -�-z ia 7�.�a �n�m�36.c.._. o_O T^ #* 3 E # er .J }} m = E E E 3 Es ! T 3 # E a m E # LL 2, E x :V V c ar53. * c LLJ El 45 E — g E 15 J E tj .a} 3 V._ E 3 � $E os8 `r� E N L U IN yy E #t Z E V V V E y S. nM d � i ` 3 o m g' s 'a, ( . E E'�m E E 3 > ¢a m y cai Si c $E & p y # (n x m E m 2 E.2 c O # #.. E a:E EE L' E Eal #� # e#* #1 x E E s 8 F 2 � _s R Mn cr � O o ' w Y Q z _ Q _ f0 z o 1w— E $ 4 a � o fII 3 aCE 1.2 `o Q E ' m 0 0 (D & 2 L z E o T7S O m _ (D o 0 2 ° co 0 @ � ° $ 2); cu 8 Wc. Q � Mn co � $ s _ Q) _ o , z m c ° . W � A o N p ^�Q�7` boy (554j aE .0.. t6 C U N O �g g. g o 2 E s � u]ai� e gS-8Qo�' SE N o c-i N ri v ui to r d N ri v uri cd City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-182 Sponsor: Heather Hodgman Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration on entering into a second amendment with JB Superior Maintenance Services, LLC to cover the increased Arizona's minimum wage compensation per Proposition 206. The increase will be an additional $25,000 to the initial agreement with a total of$300,000 a year. City of Apache Junction,Arizona Page 1 Printed on 411312021 t Public Works Department t. . Home of the Superstition Mountains Date: April 6, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Second Amendment with JB Superior Maintenance Services, LLC The city entered into a professional services agreement with JB Superior Maintenance Services, LLC to provide routine janitorial services for select municipal building facilities on April 17, 2018. The agreement is for a period of one (1) year with an option to renew automatically and continuously for a total length of the contract not to exceed ten (10) years from the original signing of the agreement. The city entered into a first amendment on October 6, 2020 to include general cleaning services in the Parks and Recreation Department facilities to include restrooms and trash dumpsters. Staff respectfully requests entering into the second amendment between the city and JB Superior Maintenance Services, LLC beginning April 21, 2021 until April 27, 2028. The amendment will cover the increased Arizona's minimum wage compensation per Proposition 206. The increase will meet realistic industry rates and forecasts. The increase will be an additional $25,000 to the initial agreement with a total of$300,000 a year. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 SECOND AMENDMENT TO JANITORIAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND JB SUPERIOR MAINTENANCE SERVICES, LLC THIS SECOND AMENDMENT to the above-referenced agreement is made and entered into this day of , 2021, ("the Execution Date") by A and between the CITY OF APACHE JUNCTION, RIZONA, an Arizona municipal corporation ("City") and JB SUPERIOR MAINTENANCE SERVICES, LLC., an Arizona corporation, ("Contractor"), sometimes both collectively referred to as the "Parties or individually as "Party". RECITALS A. On April 19, 2017, the Parties entered into an agreement for janitorial services as an emergency measure due to the previous vendor's (Paramount Building Services) irregular business qualifications and on or about November 1, 2017, the contract term expired with Contractor providing janitorial services without_a contract. B. 1n response to Request for Proposals No. PW 2017-35, Contractor was the successful bidder and on April 17, 2018, the Parties entered into a comprehensive janitorial services agreement(the "Agreement"). C. An Amendment (the "First Amendment") was approved by City on October 6, 2020 to include general cleaning services in Parks and Recreation Department facilities to include restrooms and trash dumpsters. D. Since that time, Proposition 206 passed which increased Arizona's minimum wage, which was not contemplated in the compensation clause of the Agreement. E. Mutual interest exists to now amend the Agreement by increasing the salary pricing to meet realistic industry rates and forecasts. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: A. Section 2 of the Agreement, Price, shall be modified to include the minimum wage increase for janitorial services for an additional cost of $25000 to the initial agreement with a total of$300,000 a year. B. Section 3, Contract Term, The Term of this Agreement shall be a total of ten (10) years from April 17, 2018, unless either Party serves upon the other Party a Notice of Termination no later than ninety (90) calendar days prior to succeeding anniversary dates of the Execution Date each year this agreement is in effect. However, even in such case, the Early Termination provisions and consequences set forth in Sections 15 and 16 still apply. C. Except as expressly amended herein, all other terms and conditions of the Agreement executed by the Parties, shall remain in full force and effect until expiration or termination. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be signed by their duly authorized representatives as of the day and year first above written. JB SUPERIOR MAINTENANCE SERVICES, LL an Arizona corporation By; Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip"Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt��.,, t �,tf., F t, a`. x I w r II ur Lr r n��,,, : " ' ANITORIAL NEEDS mend ment,approved October 6, 2020 for the increased need for general 411torial ,cleaning services in the Parks and Recreation Department facilities to 77 , nl cleanir of resrooms and removal of trash in cans Am-endment to'� cover, the increased Arizona's minimum wage C ti m, pensa ,n,, per Proposition . o Y-oll 0 C c n lusion aff recommends entering into the second amendment with JB ple urirMntenane Services LLC for an increase of an additional ' 0 0 , ' the initial agreem 00 ent for a total of $300, 0 a }rear. 0 0 N, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-185 Sponsor: Emile Schmid Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution 21-16; ordering the installation of streetlights within the City of Apache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. City of Apache Junction,Arizona Page 1 Printed on 411312021 Public Works Department p Home of the Superstition Mountains H n, Date: April 61", 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Resolution 21-16 Ordering the Installation of Streetlights for City of Apache Junction Streetlight Improvement District 2021-02-Coyote Crossing On March 16, 2021 Mayor and City Council approved Resolution 21-08 accepting a petition, waiver and consent, and the intention to form City of Apache Junction Streetlight Improvement District 2021-02-Coyote Crossing. The resolution for the intent to form a SLID is the frist of three resolutions that are part of the SLID creation process. The second resolution in the process is the resolution ordering the installation of the streetlights within the district boundaries, and formally ordering the formation of the district. This resolution will be presented at the City Council Regular Meeting 4/20/2021. Staff recommends approval of this resolution. ACTION REQUIRED This item will be for presentation, discussion, and consideration. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 983-5752 RESOLUTION NO. 21-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ORDERING THE INSTALLATION OF STREET LIGHTS WITHIN STREET LIGHTING IMPROVEMENT DISTRICT NO. 2021-02-COYOTE CROSSING. WHEREAS, on March 16, 2021 the mayor and city council of the City of Apache Junction, Arizona, passed and adopted Resolution No. 21-08 (the "Resolution of Intention") , which declared the council' s intention to form the City of Apache Junction Street Lighting Improvement District (the "SLID") No. 2021-02-Coyote Crossing (the "District") , solely for the purpose of purchasing energy for lighting of the public streets within the District; and WHEREAS, no protests against the proposed work, or objections to the extent of the District have been received, as such option was waived by the owners who signed the formation petition; and WHEREAS, pursuant to A.R. S . §§ 48-616 and 617, the mayor and city council hereby finds and determines that it has jurisdiction to order the work for lighting of public streets and parks within the District and order the formation of the District described in the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Ordering the work and District formation. That as there were no protests against the work or the formation of the District or objections to the extent of the District, the work, as described in the resolution, is hereby ordered and the formation of the City of Apache Junction SLID No. 2021-02-Coyote Crossing is also ordered. The Map of the District Boundaries is set forth in Exhibit A attached hereto and incorporated by reference herein. The city clerk is ordered and directed to cause a certified copy of this resolution to be delivered to the Department of Revenue of the State of Arizona (the "Department") and to the Assessor and Recorder of Pinal County, Arizona, as is required by A.R. S . § 42-17257, together with all other information relating to the boundaries of newly created taxing jurisdictions . 2 . Compliance with City Code . The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land RESOLUTION NO. 21-16 PAGE 1 OF 3 Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. 3 . Annual Tax. The city shall annually, commencing in tax year 2021 and for the city' s 2021 - 2022 fiscal year, make annual statements and estimates of the expenses of the District and shall submit the same to the Board of Supervisors of Pinal County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and personal, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and towns' statements and estimates by applicable portions of A.R. S . Title 42, Chapter 17, Article 3, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District and shall cause to be collected, as county taxes are collected, the amounts shown by the statements and estimates so adopted by the mayor and city council . As provided in A.R. S . § 48-616, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by the section. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF f 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-16 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-16 PAGE 3 OF 3 EXHIBIT A [Map of District Boundaries] i CENTER OF SECTION 17, TAN., R.8E. EAST QUARTER COR FOUND 3/4" REI AR NO CAP SECTION 17, TAN., R.8E. FOUND G.L.O. MONUMENT IN HANDHOLE NORTHWEST PARCEL CORNER PK 1 /BASHER 21773 BASIS OF BEARING TEPEE STREET S89'53'44"E 641.50' � 3131.30' ='F30.20' SLID BOUNDARY--AREA 108,952 SQUARE FEET±` ,501 ACRE N 9*53'4 "W 330.18' SOUTHWEST PARCEL C3NER SOUTHEAST PARCEL CORNER FOUND 1/ " REBAR NO CAP FOUND BRASS CAP FLUSH L LA 22282 JAMES G. RI Scale: 1„ 1 OIL' ' ned' JOB 18003435—SHEET 2 O2 2-7-2020 ATWELL EXHIBIT A 420 r STREET LIGHT IMPROVEMENT DISTRICT 4700 E.S AVENUE �,ESA.AZ gi5nCOYOTE GROSSING .218. 1 )<:\18003435,01\DM\S(JRWY\SIJD\18W3435 COYOTE CROSSING 51JD.DVs SAVE DATE; 2j6j2020 1.40 PM PLOT OATEr2f7f2020 7:51 AM City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-186 Sponsor: Emile Schmid Agenda Date:4/20/2021 Index: In Control: City Council Meeting Presentation, discussion and consideration of Resolution 21-17; ordering the installation of streetlights within the City of Apache Junction Streetlight Improvement District No. 2021-01-Goldview. City of Apache Junction,Arizona Page 1 Printed on 411312021 Public Works Department p Home of the Superstition Mountains H n, Date: April 61", 2021 To: Honorable Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever P.E., Public Works Director From: Emile Schmid P.E., City Engineer Subject: Resolution 21-17 Ordering the Installation of Streetlights for City of Apache Junction Streetlight Improvement District 2021-01-Goldview On March 16, 2021 Mayor and City Council approved Resolution 21-07 accepting a petition, waiver and consent, and the intention to form City of Apache Junction Streetlight Improvement District 2021-01-Goldview. The resolution for the intent to form a SLID is the frist of three resolutions that are part of the SLID creation process. The second resolution in the process is the resolution ordering the installation of the streetlights within the district boundaries, and formally ordering the formation of the district. This resolution will be presented at the City Council Regular Meeting 4/20/2021. Staff recommends approval of this resolution. ACTION REQUIRED This item will be for presentation, discussion, and consideration. 575 E. Baseline Avenue, Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 983-5752 RESOLUTION NO. 21-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ORDERING THE INSTALLATION OF STREET LIGHTS WITHIN STREET LIGHTING IMPROVEMENT DISTRICT NO. 2021-01-GOLDVIEW. WHEREAS, on March 16, 2021 the mayor and city council of the City of Apache Junction, Arizona, passed and adopted Resolution No. 21-07 (the "Resolution of Intention") , which declared the council' s intention to form the City of Apache Junction Street Lighting Improvement District (the "SLID") No. 2021-01-Goldview (the "District") , solely for the purpose of purchasing energy for lighting of the public streets within the District; and WHEREAS, no protests against the proposed work, or objections to the extent of the District have been received, as such option was waived by the owners who signed the formation petition; and WHEREAS, pursuant to A.R. S . §§ 48-616 and 617, the mayor and city council hereby finds and determines that it has jurisdiction to order the work for lighting of public streets and parks within the District and order the formation of the District described in the resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1 . Ordering the work and District formation. That as there were no protests against the work or the formation of the District or objections to the extent of the District, the work, as described in the resolution, is hereby ordered and the formation of the City of Apache Junction SLID No . 2021-01-Goldview is also ordered. The Map of the District Boundaries is set forth in Exhibit A attached hereto and incorporated by reference herein. The city clerk is ordered and directed to cause a certified copy of this resolution to be delivered to the Department of Revenue of the State of Arizona (the "Department") and to the Assessor and Recorder of Pinal County, Arizona, as is required by A.R. S . § 42-17257, together with all other information relating to the boundaries of newly created taxing jurisdictions . 2 . Compliance with City Code . The District shall comply with the provisions of the Apache Junction City Code, Vol . II, Land RESOLUTION NO. 21-17 PAGE 1 OF 3 Development Code, Article 1-10 : Outdoor Lighting Regulations, as amended. 3 . Annual Tax. The city shall annually, commencing in tax year 2021 and for the city' s 2021 - 2022 fiscal year, make annual statements and estimates of the expenses of the District and shall submit the same to the Board of Supervisors of Pinal County for the levy and collection of ad valorem taxes upon the assessed value of all taxable property, real and personal, in the District or by equal apportionment of taxes based on the number and classification of properties within the District, and shall publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and towns' statements and estimates by applicable portions of A.R. S . Title 42, Chapter 17, Article 3, and shall annually set, fix and cause to be levied and assessed the amount to be raised by ad valorem taxes upon all of the taxable property of the District and shall cause to be collected, as county taxes are collected, the amounts shown by the statements and estimates so adopted by the mayor and city council . As provided in A.R. S . § 48-616, all statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the District taxes as provided to be levied by the section. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF r 20—. SIGNED AND ATTESTED TO THIS DAY OF f 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-17 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-17 PAGE 3 OF 3 EXHIBIT A [Map of District Boundaries] GOLDVIEW STREET LIGHT IMPROVEMENT DISTRICT GOLDVIEW 0 a SOUTHERN AVE !y r NE CORNER, Q s SEC. 34, T1 N, R8E US 60 3. N8945'17'E 1321.OV Y SOUTHERN AVEQ JK Q 4 5 6 7 8 9 10 11 12-114 15 Q G(-��\Q W 3 ----- Lj- YUMA AVE -_--_ O V`-' Q Q 2 1 28 27 26 25 24T 23 22 21 20 19 1817 16 0 42 00 _-__j Y 43 2679 AVE 29 30 31 32 33 34 35 36 37 38 39 40 41 a q4 88 BASELINE AVENUE 178 f1 MOHAVELN a 46 - 86 (177 VICINITY MAP tV o T N cc�Vi CL___N 487. 85 -89- N¢171c63 62 61 60 59 8 57 56 55 54 53 52 51 - N N.T.S. t 84175 49 83 a 174 a 64 65 66 67 68 69 70 71 72 73 74 75 76 a3. 90 0 173 50----_-82 yy 91 p W 172 PIMAAVE(� L! O 92 r-- 0 iq r 171 162 141 140 123 �0 122 'OQ 93 w r 8 170 - -- --- 77 78 79 80 81 O 94 u. Z 161 142 0 139 124 z 121 Y o y 169 160 143 Z 138 125 a 120 ------ m 95 O 168 159 144 O 137 126 119 96 O rp 167 158 145 LL 136 127 U 118 166 157- 446 135 128 117 YAVAPAI LN 165 156 147 134 129 116 97 164 --- o- 114113112111110 98 _ 155 148 133 130 115 163 7TH AVE 27TH AVE 154153152151150149 109108107106105104103102101100 --- ---- 28TH AVENUE ---- -- N8948'23'E 1321.82' E 1/16, SEC. 34, T1 N, R8E SCALE: 1" = 400' LEGEND ARCHITECTURAL =/ E4-583 100W SRP STREET LIGHT I "�I� MicHA�� . I -'ARK 09/24/2); APPROVAL TOWN ENGINEER DATE ASSESSMENT DIAGRAM OF GOLDVIEW STREET LIGHT IMPROVEMENT DISTRICT: No. JOB# 18001136 09-24-2020 WELLGOLDVIEW {titl��{Fr3`tillt APACHE JUNCTION, ARIZONA E sa"Z 85 AVENUE MESA, 06 NOTE: SEE FINAL PLAT RECORDED 480•&8WI FEE NUMBER:2020-028463 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-099 Sponsor: Matt Busby Agenda Date:4/20/2021 Index: In Control: City Council Meeting Selection of dates, times and location for budget work sessions, public hearing and adoption of tentative and final budget for Fiscal Year 2021-2022. City of Apache Junction,Arizona Page 1 Printed on 411312021 FY 2021/2022 BUDGET CALENDAR Date Action Required (Subject to Change) January 21, 2021 Distribute budget calendar to Department Directors. January 25, 2021 Budget projections to departments: (In Munis, Department-division level or Program level). February 8—March 1, 2021 Munis-Budget Workshops/Training. February 18, 2021 Prepare preliminary FY 2021/22 revenue estimates; update monthly. March 1, 2021 Final date for submission of completed department budgets to Finance. Submit staffing changes (e.g. retirements, recruitments, reductions, additions,other known modifications)to Finance. March 1, 2021 Submit goals &objectives to Finance. March 1 - 15, 2021 Budget committee review of department budget requests. Schedule follow-up meetings with departments and budget committee. April 5, 2021 Submit proposed budget to City Manager for review and recommendations. Meet with departments, if necessary. April 12, 2021 Submit budget to City Council and Departments. April 19, 2021 City Council to set time and dates for: Budget Work Sessions: May3, 2021 and May 17, 2021 Adopt Tentative Budget: Recommend May 18, 2021 Adopt Final Budget: Recommend June 15, 2021 April 26 thru 29, 2021 One on ones with City Council members. April 28, 2021 Resolution &Tentative Budget for Clerk/Attorney review. May 3, 2021 Public budget work sessions with City Council and Departments. Initial roll-out of budget to the Public. May 17, 2021' Public hearing and adoption of FY 2020/21Tentative Budget by City Council. (Last date to meet legal requirements:July19, 2021. Must e alone on or before, the third Monday in July fA.R.S. § 2- 10 . June 1, 2021 Resolution & Final Budget for Clerk/Attorney review. June 2 or 3, 2021 First publication of FY 2021/22 Tentative Budget. (Must be published once a week for at least two consecutive weeks("A. , 4 § 2-1 1tt2 ),. June 9 or June 10, 2021 Second publication of FY 2021/22 Tentative Budget. (Must be published once a weep for at least two consecutive weeks(°.A. .S. § 2-1 3 ). June 15, 2021* Adoption of FY 2021/22 Final Budget(A. .S. § 2-1715 , *Request Departments to be present City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-193 Sponsor:Jennifer Pena Agenda Date:4/20/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M.for Monday, May 3rd and Executive Session at 6:00 P.M. and Work Session at 7:00 P.M.for Tuesday, May 4th in the city council conference room and city council chambers located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings may be scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 411312021