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HomeMy WebLinkAbout2022 02.01 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, February 1,2022 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. 22-053 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 2 -0 4 Consideration of approval of minutes of the regular meeting of January 18, 2022. Sponsors: Jennifer Pena Attachments: Minutes 1/18/22 3. 22-045 Consideration of approval of an award of contract to Viasun Corporation for the slurry seal preservation of city streets within the Arroyo Verde Subdivision, including portions of San Marcos Drive and 16th Avenue. The work is scheduled to begin in mid-March and continue through April, 2022 via the Pinal County Cooperative Contract No.175923 in the amount of$430,502.26, plus a 10% contingency for unforeseen change orders in the amount of$43,050.22; for a total project cost not to exceed $473,552.48. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. Sponsors: Shane Kiesow Attachments: SST21-38 Agreernent-Viasun Staff Memo SST21-38 Viason IRS Feb2022 City of Apache Junction,Arizona Page 1 Printed on 1/26/2022 City Council Meeting Agenda February 1,2022 4. 22-052 Consideration of award of contract to Southwest Slurry Seal for the slurry seal preservation of city streets within the Ironwood Estates I, Renaissance,Arizona Grande and Cimmarron Superstition subdivisions. The work is scheduled to begin in mid-February and continue through March, 2022 via the Pinal County Cooperative Contract No. 175923 in the amount of$368,778.42, plus a 10% contingency for unforeseen change orders in the amount of $36,877.84; for a total project cost not to exceed $405,656.26. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2%sales tax dedicated to roadway maintenance and repairs. Sponsors: Shane Kiesow Attachments: SST21-19 Agreernent-SWSS Staff Memo SST21-19 SWSS RS Feb2022 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 22-05 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6. 22-056 City Manager's Report. Sponsors: Bryant Powell 7. 2 -024 Desert Vista Elementary&Avalon Elementary honor students and student council introductions. Sponsors. Bryant Powell 8. 2 - 46 Presentation and discussion with Superstition Horsemen's Association Board Chairman Darryl Cross regarding community equestrian road safety. This is follow up discussion from the September of 2021. Sponsors: Bryant Powell 9. 22-057 Announcement of current events. Sponsors: Al Bravo City of Apache Junction,Arizona Page 2 Printed on 1/26/2022 City Council Meeting Agenda February 1,2022 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. 10. -070 Presentation and discussion on the history and purpose of Apache Junction city code provisions set forth under Vol. I, Article 2-11, Health and Human Services Commission, as well as Article 2-14, Requests for Financial Assistance [from non-profit organizations], and the follow-up to councilmember remarks from the June 4th, 2021 retreat which was held at the Central Arizona College. Discussion on next steps in preparation for possible City Council Direction to Staff. Sponsors: Jennifer Pena Attachments: HHSC Agreerrient-2020 fo and Funding a plication 22 23 fillable K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 22-058 Executive Session at 6:00 P.M. for Monday, February 14th and Executive Session at 6:00 P.M. for Tuesday, February 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena City of Apache Junction,Arizona Page 3 Printed on 1/26/2022 City Council Meeting Agenda February 1,2022 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 1/26/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-053 Sponsor:Jennifer Pena Agenda Date:2/1/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-054 Sponsor:Jennifer Pena Agenda Date:2/1/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of January 18, 2022. City of Apache Junction,Arizona Page 1 Printed on 112612022 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,January 18,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Schroeder led 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 Thomas Kelly,Police Chief Al Bravo, Public Information Officer Larry Kirch,Development Services Director Anna McCray,Assistant to the City Manager Jennifer Hoffman,Management Analyst Rudy Esquivias, Planning Manager Leslie DeReche,Finance Director Liz Langenbach,Parks and Recreation Director Joseph Penze,Police Commander Troy Mullender,Police Commander Marty Harshman,Police Corporal Danny Garcia,Police Officer Shane Kiesow, Public Works Manager D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Nesser that the consent agenda be accepted and approved as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes January 18,2022 No: 0 1. 22-017 Consideration of acceptance of agenda. 2. 22-01 S Consideration of approval of minutes of the regular meeting of December 7th, 2021. 3. 21-734 Consideration of award of contract to Viasun Corporation for the construction of curbing along Apache Trail median between Thunderbird Drive and Gold Drive to facilitate roadway drainage and protection to improvements. The work is scheduled to begin in late January, 2022 and extend into February, 2022 via Pinal County Cooperative Job Order Contract No. 175623 in the amount of $158,101.46, plus a 10% contingency for unforeseen change orders in the amount of$15,810.14, for a total project cost not to exceed $173,911.60. 4. 22-027 Consideration of award of bid, HFS21-24, to Lincoln Constructors for lowering and raising manholes,water valves and to survey monuments throughout the city, as needed. Two bids were received. Staff requests award of a one-year contract in an amount not to exceed $100,000, with auto-renewals up to five years with a total amount not to exceed $500,000, to Lincoln Constructors for these services. 5. 22-032 Consideration for approval of Dutchman Dog Park extension of construction agreement with Scholz Contracting LLC to end on June 1, 2022. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 6. 22-019 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Schroeder reported he will have an update for Central Arizona Governments Regional Council at the next city council meeting. G. CITY MANAGER'S REPORT 7. 22-020 City Manager's Report. 8. 22-023 Discussion, appreciation, and commendation for retiring Apache Junction Chief Thomas Kelly. Chief Kelly entered his fiftieth year in law enforcement in 2022, fifteen of those with the city of Apache Junction. The mayor, city council and city management thanked retiring Chief of Police Thomas Kelly for 50 years of law enforcement service both in local and federal agencies. They also recognized Chief Kelly for his service to the citizens of Apache Junction for the past 15 years of which 7 years were as chief of police. Chief Kelly thanked the mayor, city council and city management for their support over the past 15 years and recognized the department's police officers and dispatchers for their work which often goes unnoticed by the community. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes January 18,2022 9. 22-021 Announcement of current events. Mayor Wilson reported that Garland James, owner of JamesTires and a World War 11 veteran, was awarded the French Legion of Honor medal by French Ambassador Philippe Etienne. Mr. James also recently celebrated his 100 birthday. He also reported the Centennial Event at Prospector Park was a wonderful and unique event for the community. Councilmember Biggs thanked all the volunteers for their work in the organization of the Centennial Event. Centennial shirts will be available for purchase as the Lost Dutchman Days event. Public Information Officer Al Bravo announced Lost Dutchman Days is approaching. The event runs from February 25th through February 28th and includes a rodeo, parade and other events. He also added the weekend before Lost Dutchman Days is the Lost Dutchman Marathon. Mr. Bravo also announced that Horizon Health and Wellness is hosting vaccinations for children 5- 11 years old. Visit www.hhwaz.org to make an appointment for the vaccine or for more information. Councilmember Nesser added that on Saturday, January 22 is the annual John Denver Tribute Festival at Flatiron Park. It starts at 9:00 am and ends at 5:00 pm. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 10. 21-731 Presentation and discussion of the development fee study update including the land use assumptions, infrastructure improvements plan, preliminary draft fees and project schedule. The city's development fee consultant, Carson Bise, will provide a presentation on development fees and the preparation of an update of the development fee study and implementing ordinance. City Manager Bryant Powell explained what development fees are, how they are imposed, and how the fees are utilized. Development Services Director Larry Kirch explained the time frame of development fees updates and audits. He then introduced Ben Griffin of TischlerBise to give an overview of the new update. Ben Griffen of TischlerBise provided a high overview on development fees, the importance of them, how that are determined and assessed. Mr. Kirch explained the current service and why future service fees are increasing. 11. 21-714 Presentation and discussion on code of conduct, conflicts of interest, open meeting law, parliamentary procedures and public record law by the city attorney. Joel Stern, City Attorney, gave a presentation on code of conduct, conflicts of interest, open meeting law, parliamentary procedures and public record law. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes January 18,2022 The city council and Mr. Stern discussed various scenarios of the topics discussed. 12. 21-718 Discussion and update on Friends of Apache Junction, AJ Community Development Corporation (AJ CDC), Corporate Sponsorship and a recognition by the mayor and city council of individuals and/or organizations who have made donations to support city activities, programs and projects through the Friends of Apache Junction. Recipients may wish to make comments on their donation. Program and Resource Coordinator Fox Young highlighted the various donors and donations made to the Friends of Apache Junction. He also addressed the corporate sponsorship programs, it's numerous donors, and the AJ Community Development Corporation's various programs. 13. 21-70 Presentation, discussion and consideration of approval of two contracts with Entellus, Inc., not to exceed $450,000 each for Master Planned Communities Superstition Vistas DU #1 and DU#2 Backbone Infrastructure and Subdivision Improvement Plans Engineering Review- RFQ Project No. 21-01. Councilmember Biggs moved,seconded by Councilmember Evans that the two contracts with Entellus,Inc.for Master Planned Communities Superstition Vistas Development Unit#1 and Development Unit#2 for backbone infrastructure and subdivision improvement plans engineering review per RFQ Project No.21-01,each contract not to exceed$450,000 be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Development Services Director Larry Kirch explained the history of the two contracts. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. 22-022 Executive Session at 6:00 P.M. for Monday, January 31st and Executive Session at 6:00 P.M. for Tuesday, February 1 st in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Vice Mayor Rizzi that an executive session at 6:00 p.m.for Monday,January 31st,and Tuesday, February 1 at 6:00 P.M.,and a special meeting for Monday,January 31,2022 at 7:00 pm be held in the city council conference room and city council chambers,300 E.Superstition Boulevard,Apache Junction,Arizona,respectively and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Jeff Barlett, 108 N. Meridian Dr., Apt 220, Apache Junction, addressed the council regarding his concerns of the city's election process. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes January 18.2V22 Donna Carr, Apache Junction resident, commended Chief Kelly for his years of service and efforts to improve the service the police department provides to the community. George Schroeder, 2444 W. Virginia St., Apache Junction, addressed the council regarding his concerns over code compliance in the city. N. ADJOURNMENT Mayor Wilson adjourned the meeting ut8:3Qp.m. ACCEPTED THIS DAY D . 2O22. BY THE MAYOR AND CITY COUNCIL DF THE CITY DFAP/\CHE JUNCTION, AR|ZDNA. SIGNED AND ATTESTED TD THIS DAY DF . 2022. VVALTEF1''CH|P''VV|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 . 2O22. | further certify that the meeting was duly called and held and that a quorum was present. Dated this day nf . 2022. JENN|FERpENA 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: 22-045 Sponsor: Shane Kiesow Agenda Date:2/1/2022 Index: In Control: City Council Meeting Consideration of approval of an award of contract to Viasun Corporation for the slurry seal preservation of city streets within the Arroyo Verde Subdivision, including portions of San Marcos Drive and 16th Avenue. The work is scheduled to begin in mid-March and continue through April, 2022 via the Pinal County Cooperative Contract No.175923 in the amount of $430,502.26, plus a 10% contingency for unforeseen change orders in the amount of $43,050.22; for a total project cost not to exceed $473,552.48. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. City of Apache Junction,Arizona Page 1 Printed on 112612022 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST21-38 "Spring 2022 Slurry Seal" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and VIASUN, an Arizona 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 the services and infrastructure (the "Work") called for in the cooperative Pinal County Job Order Contract No. 175923 and Contractor's estimate dated March 1, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed four hundred thirty thousand five hundred two dollars and twenty-six cents ($430,502.26) (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 s - ! ! . ! - i ! ! � i s • i i • • i i i - i • , ' • i i a i - r - i • y i s- s i i i . i - • < i s , i • • it t i « • - • • . i • # i.: • is •: . • • i « •. � i t. • !._ .. l. i. i.: is i • • # i. i # # • ! i • i ! ♦ i.. #.. i is "` i • li. • • # f # ! i i • i.• ! i ! •. i i i il. •. ! i • # • #.i.. is i.. i ! II. i..i ` i. • « i • i • i i !. # i. . • i ! i • •. • i. ♦ . # is i. • ! i." i. w i..i i ! �. ♦ : !. • i i i !.. i i f. i • • i. i i • ! t i • # ' is i :i i i i.. i. i. it i # #. # ... • i i i. #.i i # i is i i i • f 'l i. 1. i .: i i i i i i ♦ i i •: i.is is i .. i. i i i I - '. i. #: i f i i . i E._ i i.. i i i i• i. . i ` i: •.� i a i i i i 11 t i i +! • ! i • i ' is• i i i i i � • i i i i. i i ili " i. • i - i i. t i t er i is i i i i ! i. # # i i. .. i. �. # i ! # ! " ♦. i. is i • i t • • - • i i i i •. • �` i s i r i i .: •. ♦ # is i -..i i:. i. i a. i t i # is r. - i - � i. .. i. .. i :. i. .: i..i ri i f.. . t: i. # . i i ,.i.. is -i. - i a.# .. i i ! i.i. i. i i is #: i t.. i. 9 INDEPENDENT CONTRACTOR:Contractor shall at all times during Contractor's performance of the services-retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor=shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who_ shall _be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent stall 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. tNDEMNIFICATION: 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, coats 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 tortous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to impairment, or destruction of property including lass of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or 4 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 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 male 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 Pinail 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. INSU,RANCE. 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 farms 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 previsions 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 waiverof transfer rights of recovery {subrogation} against City, its agents, officers, 5 officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions,Work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional l 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 farm 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 Farm 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 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 cede 1, "any auto", (Insurance Service Office, Inc. Policy Farm CA 0001 1293, 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' Com enaction 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 thisAgreement." 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 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 farms 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 8 1. #. • f t #. #. !. • 4 • # # i r # ♦ r • ..! ♦ l.. # ! .' is l i #. i.. #.♦.. t 4.^ :; ' is • r. i i # # i is � ' #.: ! i - !: . RECORDS: -Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognizes 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. 6. 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 can the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prier negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing -and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however,that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY. City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any prevision 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+ely 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. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. I 30. CONFLICT OF INTEREST: The provisions of A.R.S. § -511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31, PR }HIBITIQN TQ CQNTRACT WITH CtJNTRACTQRS WHO EN A► IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, Which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. CQMe ANCE 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 Clay for the second violation, and $1,00 l per clay for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E 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. 12 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this ..., day of , 20 CONTRACTOR 1JI a an , ora ' n By: Its: v � CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chi 7 llsvn Its ATTEST, Jennifer Pena City Clerk APPROVE© AS TO FORM: Richard J. Stern City Attorney 13 STATE OF County of } The foregoing was subscribed andsworn to before me this day of 0 , by as of Vasun Corporation, an Arizona corporation. s c ar. BEATRICE T ACOSTA Akaricops County Commission Y 596674 y COMM,FX lreS JA*1,2025 4ry ul is My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this any of , 20 , by Walter"Chip"Wilson, as Mayor of the City of Apache Junction,Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A t, 3621 E.Superior Ave. ., Phoenix,AZ.85040 f. Phone:(480)268-gffig Fax:( 80) 3 8 .,_ I-Aar " �� i' � � � � 0 1"1 Proposal#212014 City of Apache Junction tative W Pinal Couni Job Carder Contact 17M Pavement Preservation and Repair Services C Jttrttri 2 SlSe kCt71 ..,,:..,... „, Bid Rem Description tJ i; tl � ', lriit + t:k Total RAP Slu Seal 5-14 Slurry Seal Binder LMCQS 231 Ton $550,00 $127,05DA -2 $fun Seal r ateTrpell 1650 Ton $120,00 $198,00000 -35 Traffic Control(Binder;F s Emu�sion Ton) 231 Ton $100,00 $23,100,00 7-4 White traffic Paint 4"E uiv 41760 LF 0 35 S14,612.50 4-18 Yellow traffic Paint(4°Equ ) 31280 LF $0 i $10,94800 7.6 Paint Symbol Arrow 13 EA $145,00 $1, 00 7-8 Paint SEW-Bike Lane Set 50 EA $175.00 $ 760.00 23 Ton 1 $0 O Miscellaneous 0-1 Traffic Control jNot for Items 1 ,Str` m2 3 DY $1,7%00 „ 5t}Otl -2 Message Board(2 Boardsx14 2 s 28 CiY $95,00 $2,660,00 9-3 Wormed Off Duty 200 F1R 7000 14,000 00 - Community l elatac n C yy 1 L $5,000O0 $5,000m { , i Total Direct Cost 11,255.5Q Tax(4.£ 96) $19,246.76 Grand Total $430,502.26 i ACCOR" CERTIFICATE OF LIABILITY INSURANCE DATE(M ) 12/14/2021 THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DUES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL.INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsements A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsements) PRODUCER CONTACT NAME: Michelle Llickason Lovitt 3r Touch6 A Marsh and McLennan Agency,LLO PHONE 6 2-38 -{7541 FAX �,6C12-g56-225$ 1050 IN Washington Street,Suite 3 E-MAIL Tempe AZ 85281 ADDRESS: rndickason lovitt-touche.co INSURER AFFORI}INCx COPE GE NAIL# INSURER A-Zurich American Insurance Corn an 16535 INSURED VCASCORCI INSURERS Great American Insurance Company 16691 Via Sun Corporation rS a ecialt insurance COCorporation351 E Superior INSURER Navi ato 36{}56 Phoenix AZ 85040 INSURER ec INSURER E t INSURER r COVERAGES CERTIFICATE NUMBER:224184404 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL}CLAIMS, INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LTR POLICY NUM8ER M o D LIMITS A COMMERCIAL GENERAL LIABILITY Y Y GLO7913i 3402 11112022 11112023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE W OCCUR PR MI ES Ea acrutrence $100,000 MELT EXP(Arty one parser) $10,000 PERSONAL&ACV INJURY $I.000,000 GENII AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY A � L:I Loc PRODUCTS CtbMROP A G $2,000,000 OTHER $ A AUTOMORILELIABILITY Y Y SAP79131 502 1/11022 1/1/2023 MaBIINdED—SINGLE LIMIT eno $1,000,000 ( A NY ALTO BODILY INJURY(Per person) $ OVMEO SCHEDULED AUTOS ONLY AUTOS BODILY INJURY{Per accident) S -� HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTO$ONLYPet aoe dent S B X UMBRELLALIA13 OCCUR Y Y TUF191834 05 111/2022 111/ 023 EACHC3CCURRENCE $15,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $15,0000,000 DEC) X I RETENTION$ A WORKERSCOMPENSATION Y VVC791313 02 1/112022 111/2023 X PER OTH- ND EMPLOYERS'LIABILITY Y 1 N STATUTE E72. ANYPROPRiETORIPARTNER/EXECUTIVE N C.NIA E. EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ---..__— (Mandatory In NH) E.L:DISEASE=EA EMPLOYEE $1,000,000 If yyes,describe under DESCRIPPON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution Uabilfty Y Y MMAE V002329 413012021 11112023 Ulnit Each Incident 1,000,000 Aggt"aie Limit 2>000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES{ACORD 104,Additional Rarnarks Schedule,nay be attached It tritare space is required) Certificate holder and others as per written contract are additional insured on a primary and non-contributory basis by the General Liability,Auto LiabilityRollution Liability,and Excess Liability policies.Waiver of Subrogation is provided In favor of Certificate holder and others as per wrriften contract for General Liability,Auto Uability,Workers Compensation,and Excess Liability.30 day Notice of Cancellation is provided if required by written contract for general Liability,Auto Liability,and Workers Compensation, Pollution Mold condition Each Incident limit$1,000,100 CERTIFICATE HOLLER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 575 I :Baseline Ave. AUTHORIZED REPRESENTATIVE Apache.function AZ 55119 1 88-2015 ACORD CORPORATION. All rights reserved, ACORD 26(2016/03) The ACORD dame and logo are registered marks of ACORD Public Works Department �. Home of the Superstition Mountains Date: January 19, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Consideration of Award, Project#SST21-38 City staff respectfully requests city council consideration of award of contract to Viasun Corporation for project SST21-38 for the slurry seal of various city streets. The work involves slurry sealing of streets within the Arroyo Verde subdivision along with portions of San Marcos Drive and 16t" Avenue as a street maintenance preservation measure. The work is planned for mid-March through April of this year occurring during the day-time hours only with limited impacts to vehicular traffic lanes, parking and access to properties. This project was among the FY22 Capital Improvement Plan & Street Maintenance Plan projects presented and discussed with city staff at the July 6, 2021 city council work session. This work is allocated in the current fiscal year budget paid via Street Sales Tax revenues. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 + FAX (480) 983-5752 or(480) 982-8005 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-052 Sponsor: Shane Kiesow Agenda Date:2/1/2022 Index: In Control: City Council Meeting Consideration of award of contract to Southwest Slurry Seal for the slurry seal preservation of city streets within the Ironwood Estates I, Renaissance, Arizona Grande and Cimmarron Superstition subdivisions. The work is scheduled to begin in mid-February and continue through March, 2022 via the Pinal County Cooperative Contract No. 175923 in the amount of $368,778.42, plus a 10% contingency for unforeseen change orders in the amount of $36,877.84; for a total project cost not to exceed $405,656.26. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. City of Apache Junction,Arizona Page 1 Printed on 112612022 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT NO.: SST21-19 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and SOUTHWEST SLURRY SEAL, an Arizona corporation, ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in in the Pinal County cooperative Job Order Contract No. 175923 and Contractor's Estimate (attached hereto as Exhibit A) dated December 15, 2021 (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the 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. I, Chapter 3, Administration, Article 3-7, Procurement Procedures, or such Work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in accordance with and as more fully described in the Contract Documents. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed three hundred sixty-eight thousand seven hundred seventy-eight dollars and forty-two cents ($368,778.42) (the "Contract Sum") for the performance of the Work under the Contract Documents. 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. 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 • • • .� s • , . ; > +fie • �; . � . . * � r �. �, . � - • �^ +► . ' a .� . • ♦ .� � • • ♦ s � ., • r • • _ � „ , � � ,. � � • �• - ♦ •, s r � • is � + • �► • a � • • • s • ` • • • fat; • � .� • '^ +� • +� • s . . rye ♦ x •' • . � • � +� . s • e ,. • • s • t addition to and not in limitation of any other warrantees, guarantees or remedies required law, and shall survive the expiration of this Agreement for the time period mentioned 7. TAXES: Contractor shall pay all license, sales, transaction rivile consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which arelegally enacted at the e time bids are received whether r not yet effective r subsequently applicable due to acts of jurisdictions or bodies other than City. PERMITSlest otherwise providedin the Contract Documents, tr ct r shall secure and a for all permits, government fees, licenses and inspections nec ssary forte proper execution completion f work whichare customarily secured after execution of the contract and which, re legally required. Contractor shall give all notices and comply i all laws, ordinances, rules, regulations and lawful r rs 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 erein constitutes "doing -business in the City of Apache Junction" and Contractor agrees to obtain business license pursuant to Chapter 8 of the Apache Junction City Code, 1. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performedpursuant to the warranty provisions set forth iSectionContractor 6. also acknowledges that the provision f Apache JunctionTax , ter also apply and if so, shall obtain a transaction rivil e license and/or other licenses as may be required y the city code. Any activityy subcontractors within t, corporate city limits ill 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 an services provided under this Agreement. 9. INDEPENDENT TRACTOR: Contractor shall at all times during Contractor's performance of the services retain o tract is status as an independent contractor. Contractor's employees all under no circumstances e considered or held to be employees or agents f City, andCity shall _have n obligation to payr withhold state r 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 usingits 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 y the Contract Documents. Contractor shall be responsible t City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons ns rovl I any of the Work. . SUPERINTENDENT: Contractor shall employ competent project superintendent who shall be In attendance at the project site urin the progress of the Work. The superintendent all 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 ac rojec and communicated to City before the Work is performed. 1. PROGRESS SCHEDULE: Contractor shall, immediately after entering In cat IsAgreement, generate an estimated rk progress schedule, which shall be maintained and updated urin 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 an appointed icers, 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 It ess fees, arising from r connected with, or alleged to have arisen from or connected ith, relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, the 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, any special districts, elected and appointed rcers, officials, agents, an employees shall arise in connection it 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 anContractor's acts, errors, mistakes, omissions,'work or services in the performance of this Agreement including any employee of Contractor, any tier ofContractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, ork or services Contractor may be legally liable. . SUBCONTRACTORS: All subcontractors chosen by Contractor will e subject to Ity's approval. All subcontractors shalt be identified 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. APPLICABLEt s and conditions this Agreement s ll be governedand i;—terpreted in accordance witht s of the State f Arizona. Any action at law or in equitybrought by either Party for the purposef enforcing a right or rights provided for in this Agreement, shall be tried acourt of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waiveall provisions of law providingfor a change f venue in such r cee i to any other county. In the event either Party' shall bring suit t enforce any term of this Agreement or to recover s for and account of the breachf any term or condition in this Agreement, it is mutually agreed that the prevailingParty in such action all recover all costs including: all litigation I expenses, collection expenses, reasonable att r fees, necessary witness fees and court costs to be determinedcurt i such action. 15. IContractor, at its own expense, shall purchase and maintain the hereinstipulated ini insurance with companies duly licensed, possessing current A.M. Best, IncRating f ` , or approved unlice se i the State of Arizona with policies and forms satisfactory to City. All insurance required r ie shall be maintainedin full force and effect until all Work required to be performedunder the terms of the Agreement is satisfactorily completed n 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 r visio s of the insurance policies r any breachinsurance licwarranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except corkers' Compensation, shall contain a waiver f transfer rights of recovery s ro tionagainst City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, r r service. The insurance policies mayprovide coverage' which contains deductibles or self-insured retentions. Such deductibleand/or self-insured retentions shall not e applicable withrespect to the coverage r i e to City under such " licie . Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure ay t of such deductibles r self-insured retentions surety bond or an irrevocable are unconditional letter of credit. City reserves the right to request and to receive, it in ten working ay certified copies f any or all of the herein required insurance polici s and/or endorsements. ity 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, it 's right to insist on strict fulfillment of tractor's obligations n er this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required y this re ent, shall name, City, its agents, officers, officials and employees as Additional Insureds. l Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence it a $2,000,000 Products/Completed Oerations Aggregate and e $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad far property damage, personal injury, products and completed operations an blanket contractual coverage including, but not limited to, the liability assumed under the indemnification pr visions of this Agreement, which coverage will be at least as broad as that on Insurance rance a ice Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severs ility of interest provision, and shall not contain 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 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and productsand completed operations. If required y this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including eat , which may arise in the prosecution of Contractor's Work, 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 issuesContractor'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 toContractor'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; 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. is 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 or 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 lnsurapg!@, Prior to commencing Work or services under this Agreement, Contractor shall furnish it with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's ink urer(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 teapproval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to it 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 tt claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work 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 tote 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 one 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 the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the or shall be authorized by change order and all be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS,ASSIGNMENT & DELEGATION: City and Contractor each in themselves, their partners, successors, assigns and legal representatives tote 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 delegates the duties thereunder, without the written consent of the other, nor 8 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 tote last business address known to them who gives the notice, 19. CLAIMS FOR DAM A"'""": Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & PERFORMANCE BONDS: it shall have the right to require Con-tractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligati ons, 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 allay action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURF, Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or trial err 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 9 or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. T_ERMINATION: 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, they believe 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 falls 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. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: it is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated hereiris all 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. 10 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: it 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) tote 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. 29 TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE_STATEOF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 36-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEQERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with 11 Disabilities Act, the Immigration Rof r and Control Act f 1986 and the Drug Free WorkplaceAct of 1989 to the services performed under this Agreement. . s required y 1 1, Contractor hereby warrants its compliance with all federal immigration a n regulations that relate to its employees an 1 ` . Contractor further warrants that after hiring an employee, Contractor ' ill verify the employment l i ility of the employee through t - Verify program. If Contractor uses any subcontractors in performance o services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees n . , , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment li i ility of the employee through the E-Verify program. breach of this warranty shall be deemed a material> breach f the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per ay fort e first violation, per day for the second violation, and $i,000r ay for the third violation. City at its option y terminate this Agreement after the third violation. Contractor shall not be deemedin 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 an ationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect t e papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying i 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 Partiescaused thisr t signedbe their duly authorized representativef this f , ' CONTRACTOR:022 SLURRYSOUTHWEST rig corporation By: ell CITY: CITY OF APACHE JUNCTION, I , an Arizona i i I corporation alto` i ilc Its:tgAygr Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stern City ttcr cy 1 STATE OF r"! �x`ec County f 1q& � . foregoingThe ribed and-sworn to before me this a _ ..c f Southwest r i, an Arizonar r i RBORNMANN F UUC I CommissionMy it AF IC .N COMMISSION#578590 Y COMMISSION EXPIRES . - 4 STATE OF I } ) Ss. foregoingCOUNTY OF FINAL The subscribed_ swornr _ this Walter "Chip" is , as Mayor of the City Junction,Apache Arizona, an Arizonai i I corporation. PublicNotary My Commission Expires: EXHIBIT A Y TZLURR SE"'41, to 22855 North 21-11 Avenue Phoenix,AZ 8SO27 623-582-1919 FAX 623,434-8805 Arizona License#R00081 9 A,ROC 6977 A-14 Commercial;R C055425 C-13 Residential Licensed&Bonded Proposal Submitted to: Cite of Apache Junction Phone; 4 9g2-1 5 a December 15,2021 Address. 575 C Baseline Avefob Name 2Q21 Slurry Seat Apache Junction A2 85119 Job Location Requested by: Shares gib sr Litso�� jCi ,r et 480-982-1 55 49 -9R3-5752 Unit pricing based on lainal County Contract tf Rtil 175923 Description of Word 5-22 Slurry Seal Binder-CQSLM 207 Ton 731.52 151,363,.24 5-28 Slurry.Seal Aggregate-type it 1590 Ton 103,00 163,770,00 -35 Traffic Control (based on binder tons)' 207 Tort 85.00 17,595.E 7•8 Chip Seal'Markers 506 Ca 2,50 11250.00 9-1 Traffic Control(other) I IS 4,20D,00 4,200.00 9-3 Uniformed Off-duty officer-Apache Junction 60 Hr 45,00 2,700.00 9-9 Community Relations I LS 1,360r00 1,360,00 7-4 Striping 4''Equivalent 18500 Lt 012 2,220,0 7.6 Paint Symbol-Arrow 2 EA WOO 12040 7-8 Paint Symbol(bile lane Marking Set) 28 EA 90,002,520.00 347,119,2 Sales T x-Apache Junction/Pinal County 6.24% 21 666.18 AMM Rrovis"reansr 1, The elimination of any existing drainage problem or reflective cracking is not intended or guaranteed. 2: pourer steering marks are normal and should not be cause for undue concern. , Slurry Seal is emulsified asphalt mixed with 15 to 20 pounds of specifically graded aggregate and% Portland cement per square yard.:The Slurry Seal is applied approximately inch in thickness and is listed in the Maricopa Association of Governments uniform standard specification: 4, Areas not accessible to a Slurry Seal Machine will be done by hand and will have a different texture than machine laid areas. 1 ACOW,0 CERTIFICATE OF LIABILITY INSURANCE DATE tMM,De 1/4/2L122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS IRER( ), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(i s)must have ADDITIONAL INSURED provisions or be endorsed: If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements}. PRODUCER CAC Specialt CONTAC NAME Helen L�lllen ._ 7950 Le give; Suite 422 PHOANILE ..n _......_ k�� 4Plano, 20 414810� ......,.w205,414,8105 ....... ArDtR r-_..w._ !q (era,l�illenacspegflt c :......... ... INaull R A FOR IN cI VERAOE v.._.,� ,m„w Nato at LMWW cacspeClall om INSURERA arlt dental Casual tDPiI�ii ._ .._._ �.._ Y P � _r. 213443 INSURED INSURER 8 Arrlerican Casually I�osTlpany of Reading,PA M._ t}427 SoutAmerihwest Pavement S rF."SBCVat1Ql��»��✓ INSURER Cincinnati Insurance I•,{rrrl an _.. �...1t3677 .... .v cltltw6t scurry Inc p .� _ 4725 Fast Cartier Avenue INSURER rD National Fire Insurance c of Hartford Las tIRE#t E Vegas V 911 IN _ ..�.w R.a_ .w ...w _....__._ �.. . �aw_.. . ... INSURER F COVERAGES CERTIFICATE NUMBER* 66103813 REVISION NUIMIBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAME BEEN ISSUED-TO THE INSURED NAMED ABOVE FOR THE POLICY FERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE`PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMIT'S SHOWN MAY HAVE BEEN REDUCED BY PAIL?CLAIMS. _.7All SUB ,.._ ,....P LECT EFF CSIaGY EJC ....�., ..u..m.- _._... ....,___w. . LTR s TYPE OF INSURANCE POLICY NUMBER MMItDrrJYYYY 1 MMII?I� LIMITS A NCOMMERCIAL GENERAL LIABILITY € 7017956351 `l2/13/2E21 1U/2g/2t1227GE �. _ ..0 TRENE $2I)IItI E RENTEbCLAIFhS MADE OCCUR ` a gc u0 Lleductible + ty ono r�uv iNsra r t3UI3 CItfC7CENT AGGREGATE LIMIT APPLIES PER. r l EUArE 4,(3tIQ#It}{�POLICY J`J LT arc u_ _._..._ _.. f.PF27IDUCTS OEAPttPAGG $4,I)6t1 tltlCt OTHER: B 1 AUTOMOBILE LI ILITY. � 3 1701795636 e 12/13/2021 �1t112 d2#22 �.,CEO COMBINED SINGLE IT .....f UO�� ..., ., APtY AUTO � ..,. ` - BODILY INJURY(Per person) $ OWNED � ..I SCHEOULES? � I _. �......... AUTOS 014LY ._J AUTO 6C3MLY INJURY(Per accident)li$ HIRED NON-OWNED ¢ AUTOS ONLY AUTOS ONLY 1 I PROPERTY DAMAGE $ w � � � l C crMBRELLAsIAB acuR jE7C 044 E7 #l2 i 5I112t} E 5/31lC} 2 EACHQCU33RENCE $54fI(l ttt}Cl EXCESS LIAR F LA(t -MADE E i �_ l [ 3 ARErE flfl t7{ } I oEo RETENTIrJN$E 1.3­7WORKERSCOMPENSATION 7t117g56 79 12J13/2I?21 1t7I231 Ct 2 PER CYT AND EMPLOYERS'LIABILITY YIN! ! � d {STATUTE EFt ANYPROPRIETOR/PARTNER EXECUTIvl E I.E off AcclrsEraT tl OFFICERIMEMBEREXCLUDED? NIA 90{I0(7 (Mandatory in NH) € If yes,describe under G EvL DISEASE EA EMPLOYEE $�,Q {�Q� s DESCRIPTION OF CtPEC?A7'it'7NS below £: ! 'E.L.DISEASE-POLICY LIMIT $1 000,000 � r i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORO 101,Additional Remarks Schedule,may bo attached it more spate is required) Re:Project .SST21-18 City of Apache Junction,its agents,officers,officials and employees are included as additional insured where required by written contract with respect to general liability,auto liability,and umbrella liability as per terms and conditions in policy.Waiver of subrogation has been granted to the additional insureds where required by written contract with respect to general liability,auto liability,and umbrella liability as per terms and conditions in policy. CERTIFICATE BOLDER CANCELLATION Cit of Apache Junction SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B CANCELLED BEFORE 57 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Baseline Ave ACCORDANCE WITH THE POLICYPROVISIONS. Apache Junction AZ 85119 AUTHORIZED REPRESENTATIVE �Ielen pii6n 01988-2015 ACORD CORPORATION. All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 6rlO,181a I AMERFAV-01 121-<a scxrhwee' r__-AU UMB WC ,olI XS r Helen DtlD;n 1 1r4/2022 a,::a sv PIS UIST) I Page 1 of Public Works Department �. Home of the Superstition Mountains Date: January 19, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Consideration of Award, Project#: SST21-19 City staff respectfully requests city council consideration of award of contract to Southwest Slurry Seal LLC for project SST21-19 for the slurry seal of various city streets. The work involves slurry sealing of streets within the Ironwood Estates I, Renaissance, Arizona Grande and Cimmarron subdivisions as a street maintenance preservation measure. The work is planned for mid-February through March of this year occurring during the day-time hours only with limited impacts to vehicular traffic lanes, parking and access to properties. This project was among the FY22 Capital Improvement Plan & Street Maintenance Plan projects presented and discussed with city staff at the July 6, 2021 city council work session. This work is allocated in the current fiscal year budget paid through Street Sales Tax revenues. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 + FAX (480) 983-5752 or(480) 982-8005 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-055 Sponsor: Chip Wilson Agenda Date:2/1/2022 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-056 Sponsor: Bryant Powell Agenda Date:2/1/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-024 Sponsor: Bryant Powell Agenda Date:2/1/2022 Index: In Control: City Council Meeting Desert Vista Elementary&Avalon Elementary honor students and student council introductions. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-046 Sponsor: Bryant Powell Agenda Date:2/1/2022 Index: In Control: City Council Meeting Presentation and discussion with Superstition Horsemen's Association Board Chairman Darryl Cross regarding community equestrian road safety. This is follow up discussion from the September of 2021. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-057 Sponsor:Al Bravo Agenda Date:2/1/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 112612022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 22-070 Sponsor:Jennifer Pena Agenda Date:2/1/2022 Index: In Control: City Council Meeting Presentation and discussion on the history and purpose of Apache Junction city code provisions set forth under Vol. 1, Article 2-11, Health and Human Services Commission, as well as Article 2-14, Requests for Financial Assistance [from non-profit organizations], and the follow-up to councilmember remarks from the June 4th, 2021 retreat which was held at the Central Arizona College. Discussion on next steps in preparation for possible City Council Direction to Staff. City of Apache Junction,Arizona Page 1 Printed on 112612022 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and , a health and human services provider("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On , the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the Scope of Work. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SCOPE OF WORK in connection with the Program: A. Provide to city residents INSERT BASIC DESCRIPTION OF SCOPE OF WORK. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2020- 2021 to City on or before January 30, 2020. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SCOPE OF WORK and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$ for fiscal year 2020-2021 for SCOPE OF WORK performance. 3 B. Compensation shall be as follows . No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SCOPE OF WORK as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider'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. Services Provider 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. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City 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. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider 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. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SCOPE OF WORK. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 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 Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER 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 a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to 8 monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: a 501(c)3 non- profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Detailed scope of work 11 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 12 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable,however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 13 Exhibit C Reporting requirements 14 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance The City of Apache Junction Health and Human Services accepts applications requesting financial assistance for the support of health and human service needs within the City of Apache Junction serving city residents. The following provides instructions and eligibility information regarding the request for non-profit funding. Information on this program may be found at Health & Human Services Commission IA Apache Junction, A - Official Website (a acheiunctionaz.gov). The commission was formed under city code Article § 2-11. This program is made possible under city code Article § 2-14 Request for Financial Assistance. The city code is available at htt s://wwwAa acheIunctionaz. ov/aj o e. Application Due Date January 31, 2022 Per city code, the request for financial assistance must be submitted to the city clerk's office during the month of January to be considered for the following fiscal year. All funding is subject to the execution of an agreement with the city, the approval of a budget allocating funds to the program, and the city council's approval. Applications can be submitted in person to the City Clerk's Office or via e-mail to hhsc .a achejunctionaz. ov. City offices are open Monday through Thursday, 7:00 am to 6:00 pm. Eligible Applicants 501 c(3) A valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The applicant must provide a service or perform work on behalf of the city and its residents and demonstrate a presence within the community. 1 City of Apache Junction 300 East -Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Required Documentation per Ordinance No. 659 1. Most recent audit report 2. Most recent financial statement 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources (non-governmental agencies; membership fees and dues; private contributions) 5. Client service information as applicable to city residents (may not apply in all cases) 6. Proof of non-profit status (IRS determination) 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board Eligible Activities Programs and services affording health, public health, and human services care to all people, especially, to individuals of underprivileged conditions. Populations served Elderly, handicapped, developmentally disabled, and other special populations. Priority Projects The Commission reserves the right to identify priority projects for funding. 2 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Agency Information Name of Agency Address Website Phone Number ---------------------------------------------------------------------------------------------------------------- Name of Agency Director Email Address Direct Line Project Manager Email Address Direct Line Secondary Contact Email Address Direct Line 3 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Organization Information Provide background information on your agency to include services currently being provided. Provide target population and demographic information on your current clientele to include percentage located within the City of Apache Junction. 4 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Provide a detailed description of current partnerships within the community include the name of the project/activity and how your agency partnered to make it successful. Does your agency have adequate capacity to complete the project being requested? Is the execution of this project dependent upon new staff funded through this program? Are your board members listed on your website? Does your website include your mission and vision statements? Do you have a strategic plan? Are you listed on the www.211Arizona.org website? 5 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Have you participated in a Project Connect event in the past? Have you participated in a Health and Wellness Expo in the past? Have you participated in the Apache Junction Community Resource Center in the past? Provide your 501 c3 Identification number and renewal date.* Do you have current By Laws signed by the Board of Directors?* Do you have current Articles of Incorporation signed by the Board of Directors?* Are you filed with the Arizona Secretary of State or Arizona Corporation Commission?* *These items shall be submitted every five years to be held on file at the city. Should any document change or be updated, a new copy shall be submitted to the city within 10 working days. 6 City of Apache Junction 300 East -Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Problem Statement What is the nature and extent of the problem to which you are trying to address? To whom is this happening? Why is this happening? What are the reasons or causes for theproblem? City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance How do you know this is a problem? Provide statistics that support your claim. If available, lease use statistics collected from your agency data and/or local documentation. What will happen if the problem is not addressed? What are the gaps between what exists and the solution? s City of Apache Junction 300 East -Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Is there local documentation which identifies this as a problem? Has the city or the commission identified this as aproblem? 9 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Project Proposal What is the proposed project to address the problem identified above? Please address the who, what, when, where, why, and how. Is this a best practice or has it been proven successful in other places? Is this a new or continuing project? Why is this a need to be addressed? 10 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Who will you serve with this project? How and will you sustain this project after the agreement has ended? Are there any community partners on thisproject? If so, please list. 11 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Please complete the chart below to answer the following questions for each component of your project. Approach: What are you going to do? Inputs/Resources: What resources do you have to complete the project? Activities: What specific actions will take place? Outputs: What is the direct product of the activities? Outcomes: What is the benefit or change as a result of the project? Goals: What is the overall goal of the project? Project Component Approach Input Activities Outputs Outcomes Goals 12 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Financial Information What is your Tax ID number? What is your Arizona Tax Privilege License number? Does your agency have internal financial controls in place to track, report, and account for all funds which promotes transparency? Is a certified public accountant responsible for your daily financials? Is a certified public accountant responsible for creating your monthly financial statements? Please provide most recent report. Is a certified public accountant responsible for your filing your taxes? When was your last 990 reported? Where can it be found? Have you had an audit completed and when?* Do you have an annual agency budget? Please provide. Who is responsible for creating your annual budget? *These items may be submitted every five years to be held on file at the city. Should any document change or be updated, a new copy shall be submitted to the city within 10 working days. Provide a list of your annual fundraisers and average amount raised. Provide a list of your funding sources and the average amount received, including membership dues and private contributions. 13 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Project Budget Please provide a detailed budget by quarter for each itemized expense. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ Total $ $ $ $ $ What percentage of the project budget is being requested? What percentage of your budget is the requested funding? 14 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Narrative Please provide a detailed budget narrative for each itemized expense. 1 2 3 4 5 6 7 8 9 10 15 City of Apache Junction 300 East -Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Project Evaluation How will you determine your project was successful in reaching your goals and what methods will you use? Project a minimum of two SMART Objectives by completing the chart below. Direction of What is Target Degree of change changing o ulation change Timeframe Measure 1 2 3 4 Completed applications and documents can be submitted in person to the City Clerk's Office or via e-mail to City offices are open Monday through Thursday, 7:00 am to 6:00 pm. 16 City of Apache Junction 300 East Superstition Blvd Apache Junction,AZ85119 www.apachejunctionaz.gov • (480)982-8002 HEALTH & HUMAN SERVICES COMMISSION Request for Financial Assistance Scoring Rubric Eligibility Questions Y/N Application was submitted by the required due date. Application was complete and provided adequate detail. Applicant meets eligibility requirements. Serves AJ residents Has a presence in the community Is a 501 c(3) non-profit Provides a health and human services need Proposal Review 1 to 5 Organization Review - 25 points total Provided information on residents served Demonstration of successful projects Demonstration of agency partnerships Demonstration of agency capacity Provided required documentation Problem Statement Review - 15 points total Adequately identified the problem Adequately identified the gaps Identified a documented problem Proposal Review - 20 points total Provided detailed project information Demonstration of need Demonstration of community partners Provided a detailed project scope Financial Review - 15 points total Provided required documentation Demonstrated a financial need Provided detailed and eligible budget Evaluation Review - 10 points total Comprehensive evaluation plan Provided a minimum of two SMART objectives 85 points total 0 1 = Did not address adequately 2=Addressed somewhat 3=Addressed 4=Adequately addressed 5= Exceeded expectation 17 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-058 Sponsor:Jennifer Pena Agenda Date:2/1/2022 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, February 14th and Executive Session at 6:00 P.M. for Tuesday, February 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 112612022 CITY COUNCIL MEETING ROLL CALL Date: a-- I -0? a. Work Study Regular Special CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR RIZZI COUNCILMEMBER BIGGS COUNCILMEMBER EVANS COUNCILMEMBER GREMMEL COUNCILMEMBER NESSER COUNCILMEMBER SCHROEDER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern Assist to City Manager Anna McCray Public Information Officer Al Bravo Public Safety Director ®� Dev Services Director Larry Kirch PW Director Michael Wever Parks& Rec Director Liz Langenbach ED Director Janine Solley Library Director Pam Harrison Finance Director Leslie DeReche HR Director Liz Riley Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Senior Planner Sidney Urias Building&Safety Manager Dave Zellner Planning Manager Rudy Esquivias PW Project Engineer Raquel Schatz City Engineer Emile Schmid ZZ `o � zt ClaA s VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: !:47,2_t SECONDED BY: NOTES: kw- YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER EVANS COUNCILMEMBER BIGGS ✓/ COUNCILMEMBER GREMMEL V/ VICE MAYOR RIZZI COUNCILMEMBER NESSER COUNCILMEMBER SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 5 S:/5—Templates&Forms/Vote Call—City Council VOTE - ROLL CALL ITEM # MEETING OF ocd a MOTION BY: 7",( )ans SECONDED BY: NOTES: LT (�r'" Ism YES NO ABSTAINED CITY COUNCIL: VICE MAYOR RIZZI f/ COUNCILMEMBER NESSER COUNCILMEMBER BIGGS ✓ COUNCILMEMBER SCHROEDER COUNCILMEMBER GREMMEL COUNCILMEMBER EVANS ✓ MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 6 S:/5—Templates&Forms/Vote Call—City Council 64 9 ;ZZ0Z� C l �&A l ,�G 1. Ace, City of Apache Junction, Arizona Meeting location: -� City Council Chambers at City Hall Agenda 300 E.Superstition Blvd a " Apache Junction,AZ City, Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, February 1,2022 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. 22-053 Consideration of acceptance of agenda. 2. 22-054 Consideration of approval of minutes of the regular meeting of January 18, 2022. 3. 22-045 Consideration of approval of an award of contract to Viasun Corporation for the slurry seal preservation of city streets within the Arroyo Verde Subdivision, including portions of San Marcos Drive and 16th Avenue. The work is scheduled to begin in mid-March and continue through April, 2022 via the Pinal County Cooperative Contract No.175923 in the amount of$430,502.26, plus a 10% contingency for unforeseen change orders in the amount of$43,050.22; for a total project cost not to exceed $473,552.48.This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. City of Apache Junction,Arizona Page 1 Printed on 112612022 City Council Meeting Agenda February 1,2022 4. 22-052 Consideration of award of contract to Southwest Slurry Seal for the slurry seal preservation of city streets within the Ironwood Estates I, Renaissance,Arizona Grande and Cimmarron Superstition subdivisions. The work is scheduled to begin in mid-February and continue through March, 2022 via the Pinal County Cooperative Contract No. 175923 in the amount of$368,778.42, plus a 10% contingency for unforeseen change orders in the amount of $36,877.84;for a total project cost not to exceed $405,656.26. This project is part of the Fiscal Year 2021-2022 Capital Improvement and Street Maintenance Plan and is funded by the .2% sales tax dedicated to roadway maintenance and repairs. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5. 22-055 Brief summary of intergovernmental updates from mayor and councilmembers. 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. 6. 22-056 City Manager's Report. 7. 22-024 Desert Vista Elementary&Avalon Elementary honor students and student council introductions. 8. 22-046 Presentation and discussion with Superstition Horsemen's Association Board Chairman Darryl Cross regarding community equestrian road safety.This is follow up discussion from the September of 2021. 9. 22-057 Announcement of current events. 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. City of Apache Junction,Arizona Page 2 Printed on 112612022 City Council Meeting Agenda February 1,2022' I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 10. 22-070 Presentation and discussion on the history and purpose of Apache Junction city code provisions set forth under Vol. I,Article 2-11, Health and Human Services Commission, as well as Article 2-14, Requests for Financial Assistance [from non-profit organizations], and the follow-up to councilmember remarks from the June 4th, 2021 retreat which was held at the Central Arizona College. Discussion on next steps in preparation for possible City Council Direction to Staff. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 22-058 Executive Session at 6:00 P.M.for Monday, February 14th and Executive Session at 6:00 P.M. for Tuesday, February 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. 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. City of Apache Junction,Arizona Page Printed on 112612022 'r- City Council Meeting Agenda February 1,2022 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 1/26/2022 CITY OF APACHE JUNCTION Mayor's Script Tuesday, February 01, 2022 A. CALL TO ORDER I-would like to call this City of Apache Junction Council Meeting to order.1 B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be -.by Vice� Mayor.Rizzi &the pledge byCouncilMeMber C. ROLL CALL Roll Call D. CONSENT AGENDA Asa reminder "All items.under the Consent Agend'a-will be approved with one motion.. If councilm ember wishes:to remove an item.for further discussion, the.request will be mado prior to apR movihg the consent agenda and will be:moved to New Business? y 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of January 18, 2022. 3. Consideration of award of contract to Viasun Corp. not to exceed 473,552.48. 4. Consideration of award of contract to Southwest Surry Seal not to exceed $405,656.26. Do'l have a motion on the consent agenda?] wait for the motion and the 2nd Roh-Ca'11 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS- (No.he-,for tonight's. meeting) F. REGIONAL INTERGOVERNMENTAL UPDATES 5. Regional_Intergovernmental meeting—updates jfrqm Council. G. CITY MANAGER'S REPORT 6. ;Cityyanager's Reportl �-B' �'y­a''n't to report 7. iDesert Vista:Elementary&Avalon Elementary: ahonor students ands Student-council introductions 1 Kelly Gremmel to report 8. Presentation and discussion with Superstition Horsemen's Association Board Chairman Darryl Cross regarding community equestrian road, Bryant to report safety. This is follow:up discussion-from:the September_of 20211 9. Announcement:of Current Events. :AI to report H. PUBLIC HEARINGS—We,ha:ve no_public.hea�ri.ngs at this tim�eJ I. OLD BUSINESS—We_have no old business at.this1i°me J. NEW BUSINESS ITEM #10 Presentation and discussion on the history and purpose of Apache Junction city code provisions set forth under Vol. I; Article 2=11, Health and Human Services Commission, as well. as(Article 2-14, Requests for Financial Assistance [from non-profit organizations], a_nd the follow-up to council'member remarks from the Jurie 4th, 2021 retreat which,_was held at the. Central Arizona College`Discussion pmnext steps in preparation for possible:City Council' Direction to Staff Jennifer to report Any:discussion amongthe_cound council can discuss No Motio-ri —just a discussion presentatior Jtem. K. COUNCIL DIRECTION TO STAFF- NONEJ L. $ELECTION-OF_MEETING DATES TIMES, LOCATIONS AND PURPOSES 11. Executive Session at 6:00 P.M. for Monday, February 14th and Executive Session at 6:00 P.M. for Tuesday, February 15th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Do_I have:a;_motion on:the-next meeting dates? wai or the motion and he n Roll Call M. CALL TO PUBLIC (would like to :remind everyone that the Call to the: Public is a courtesy and not required by law. It.is a time for the public to express requests, communications, comments_and suggestions.!` _ Request.to speak forms must be completed and handed to the city clerk before the end:ofj the city manager's report.! All::issues shall be presented'in a professional manner without personal:attacks.! Under.the open meeting law.the council cannot engage in discussion':on the-issues presented; ,but may respond to criticism.ands may direct staff to-foRdw up.with:the speaker.directly and/or place this matter on:a future-agenda ibr council discussion.T_here is a.three-minute lirinif.for each speakers — b is can speak (3 minutes) Does council.have any requests oaf staff to follow_up on? N. ADJOURNMENT— I adjourn this:_meeting.l Click or tap to enter a date. Council Motions for Tuesday, February 1, 2022 Consent`A6enda,;lterns Nos: 14', I MOVE THAT the consent agenda be accepted and approved as presented. ITEM. NO 111 1 MOVE THAT an executive session at 6:00 p.m. for Monday, February 14th, and Tuesday, February 15 at 6:00 P.M., be held in the city council conference room and city council chambers, 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively and other meetings scheduled if necessary. Date: ' 2 G CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: /d I would like to speak on a Non-Agenda matter regarding: 2— Do you wish to speak before Council.on this item? Yes No Only If Necessary I am in favorof the proposed Item. I am opposed to the proposed Item. SC/(�// _ o,-C.d�.` First Nafne Last Name (PRINT) z C Address City Zip Code Telephone — Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 'I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Signature of Parent/Guardian Date 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: / would like to speak on a Non-Agenda matter regarding: _ Cl f Do you wish to speak before Council-on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. 4/� First Name Last Name (PRINT) Address City Zip Code Telephone — Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S.§1-602 (A)(9)_ Signature of Parent/Guardian Date 08/26/2019 y City of Apache Junction LETTER OF TRANSMITTAL c Public Works Department 575 East Baseline Avenue '. Apache Junction, AZ 85119 N Phone:(480)982-1055 Fax: (480)983-5752 To: •e k`•.`-�_ .��c e� Date: From: f Department: Department: �✓ �� wo-z�s Email: Project No: Phone: Description.* Cif ❑ Pick Up [IAs Requested ❑ Prints ❑ High Priority ❑ US Mail X For Approval/signature ❑ Original Drawings ❑ Low Priority ❑ FedEx ❑ For Final Review ❑ Documents or Reports ❑ Discuss Prior to Action ❑ Electronic Delivery ❑ For Review/Correction ❑ Electronic Attachment ❑ For Your Records Date Pages Description 7 Message/Notes: �F1 t 14 / Revision: 2015-12-01