31 October 2021

INNOVATIONS: Thomas Malone knows a thing or two about the future of work — he literally wrote the book about it

Let's to right to it - and leave it open-ended to encourage readers of this blog to ALWAYS READ MORE WHEN YOU'RE READY

MIT expert on work says any boss who thinks employees will return to offices is dreaming

A few companies will insist on a return to the workplace — to their detriment, says Thomas Malone

Daniel Boaventura - Can't Take My Eyes Off You (Ao Vivo)

CIA TORTURE & INDEFINTE DETENTION @ GUANTANAMO: Stain on The Moral Fiber of America / One of The Most Abusive Regimes in Modern History

CIA operative Philip Rizzo once destroyed all the tapes about CIA "Black-Hole Abu Ghraib. It's taken years for the truth to come out - here are two reports
ONE FROM AXIOS by Ivan Saric

Gitmo detainee's abuse "a stain on the moral fiber of America," military jury writes

<div class=__reading__mode__extracted__imagecaption>The U.S. naval base at Guantanamo Bay, Cuba. Photo: Maren Hennemuth/picture alliance via Getty Images

"Members of a military jury condemned the brutal abuse of a Guantánamo Bay detainee at the hands of the CIA and urged a Pentagon official overseeing the court to grant clemency, in a letter obtained by the New York Times.

Why it matters: At his sentencing hearing last week, Majid Khan became the first detainee to testify about the abuse he experienced as part of the U.S. government's interrogation program at CIA black sites.

  • The jury sentenced Khan, a Pakistani citizen and former Baltimore resident who joined al-Qaeda as a courier, to 26 years in prison Friday. He could be released as early as next year due to his cooperation with U.S. authorities in other investigations.
  • Khan detailed his treatment, including sexual assault, sleep deprivation, beatings, solitary confinement, starvations and forced enemas.

The big picture: The handwritten letter, signed by seven out of the eight members of the sentencing jury, noted that Khan's treatment resembled the "torture performed by the most abusive regimes in modern history," per the Times.

  • “This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests,” the members noted, citing Khan's testimony that he resorted to lying after cooperation merely resulted in more abuse.
  • "It is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government," the letter states.
 
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ONE FROM THE NEW YOR TIMES written by Carol Rosenberg
<div class=__reading__mode__extracted__imagecaption>Camp Justice, at the U.S. Navy base at Guantánamo Bay, Cuba, houses the court for detainees charged with war crimes.Credit...Erin Schaff/The New York Times
Camp Justice, at the U.S. Navy base at Guantánamo Bay, Cuba, houses the court for detainees charged with war crimes.
Credit...Erin Schaff/The New York Times

U.S. Military Jury Condemns Terrorist’s Torture and Urges Clemency

Seven senior officers rebuked the government’s treatment of an admitted terrorist in a handwritten letter from the jury room at Guantánamo Bay.

"GUANTÁNAMO BAY, Cuba — In a stark rebuke of the torture carried out by the C.I.A. after the Sept. 11 attacks, seven senior military officers who heard graphic descriptions last week of the brutal treatment of a terrorist while in the agency’s custody wrote a letter calling it “a stain on the moral fiber of America.”

The officers, all but one member of an eight-member jury, condemned the U.S. government’s conduct in a clemency letter on behalf of Majid Khan, a suburban Baltimore high school graduate turned Qaeda courier.

They had been brought to the U.S. Navy base at Guantánamo Bay to sentence Mr. Khan, who had earlier pleaded guilty to terrorism charges. They issued a sentence of 26 years, about the lowest term possible according to the instructions of the court.

At the behest of Mr. Khan’s lawyer, they then took the prerogative available in military justice of writing a letter to a senior official who will review the case, urging clemency.

Before sentencing, Mr. Khan spent two hours describing in grisly detail the violence that C.I.A. agents and operatives inflicted on him in dungeonlike conditions in prisons in Pakistan, Afghanistan and a third country, including sexual abuse and mind-numbing isolation, often in the dark while he was nude and shackled.

“Mr. Khan was subjected to physical and psychological abuse well beyond approved enhanced interrogation techniques, instead being closer to torture performed by the most abusive regimes in modern history,” according to the letter, which was obtained by The New York Times.

The panel also responded to Mr. Khan’s claim that after his capture in Pakistan in March 2003, he told interrogators everything, but “the more I cooperated, the more I was tortured,” and so he subsequently made up lies to try to mollify his captors.

“This abuse was of no practical value in terms of intelligence, or any other tangible benefit to U.S. interests,” the letter said. “Instead, it is a stain on the moral fiber of America; the treatment of Mr. Khan in the hands of U.S. personnel should be a source of shame for the U.S. government.”

Image
Credit...Center for Constitutional Rights

In his testimony on Thursday night, Mr. Khan became the first former prisoner of the C.I.A.’s so-called black sites to publicly describe in detail the violence and cruelty that U.S. agents used to extract information and to discipline suspected terrorists in the clandestine overseas prison program that was set up after the attacks on Sept. 11, 2001.

In doing so, Mr. Khan also provided a preview of the kind of information that might emerge in the death penalty trial of the five men accused of plotting the Sept. 11 attacks, a process that has been bogged down in pretrial hearings for nearly a decade partly because of secrecy surrounding their torture by the C.I.A.

The agency declined to comment on the substance of Mr. Khan’s descriptions of the black sites, which prosecutors did not seek to rebut. It said only that its detention and interrogation program, which ran the black sites, ended in 2009.

More than 100 suspected terrorists disappeared into the C.I.A.’s clandestine overseas prison network after Sept. 11, 2001. The agency used “enhanced interrogation techniques” such as waterboarding, sleep deprivation and violence to try to have prisoners divulge Al Qaeda’s plans and the whereabouts of leaders and sleeper cells, but with no immediate plans to put its captives on trial.

President George W. Bush disclosed the existence of the C.I.A. program in September 2006, with the transfer of Mr. Khan and 13 other so-called high-value detainees to Guantánamo. President Barack Obama ordered the program shut down entirely after taking office in 2009.

Mr. Khan, 41, was held without access to either the International Red Cross, the authority entrusted under the Geneva Conventions to visit war prisoners, or to a lawyer until after he was transferred to Guantánamo Bay. He pleaded guilty in February 2012 to terrorism crimes, including delivering $50,000 from Al Qaeda to an allied extremist group in Southeast Asia, Jemaah Islamiyah, that was used to fund a deadly bombing of a Marriott hotel in Jakarta, Indonesia, five months after his capture. Eleven people were killed, and dozens more were injured.

The clock on his prison sentence began ticking with his guilty plea in 2012, meaning the panel’s 26-year sentence would end in 2038.

But Mr. Khan, who has cooperated with the U.S. government, helping federal and military prosecutors build cases, has a deal that was kept secret from the jury that could end his sentence in February or in 2025 at the latest.

Under the military commission system that was set up after Sept. 11, even defendants who plead guilty and make a deal with the government must have a jury sentencing hearing. This was the case for Mr. Khan, whose sentencing was delayed by nearly a decade to give him time to work with government investigators and win favor in the form of early release from a jury sentence.

The clemency letter also condemned the legal framework that held Mr. Khan without charge for nine years and denied him access to a lawyer for the first four and half as “complete disregard for the foundational concepts upon which the Constitution was founded” and “an affront to American values and concept of justice.”

Although it is rarely done, a military defense lawyer can ask a panel for letters endorsing mercy, such as a reduction of a sentence, for a service member who is convicted at a court-martial.

But this was the first time the request was made of a sentencing jury at Guantánamo, where accused terrorists are being tried by military commission. A clemency recommendation is not binding, but it could send a powerful message to the convening authority of military commissions, the senior Pentagon official overseeing the war court, whose role is to review a completed case and an accompanying clemency petition from defense lawyers to decide whether to shorten a sentence. An Army colonel, Jeffrey D. Wood of the Arkansas National Guard, currently fills that role as a civilian.

In closing arguments, Mr. Khan’s military lawyer, Maj. Michael J. Lyness of the Army, asked the panel for a minimum sentence and then to consider drafting a letter recommending clemency.

The lead prosecutor, Col. Walter H. Foster IV of the Army, asked the panel to issue a harsh sentence. He conceded that Mr. Khan received “extremely rough treatment” in C.I.A. custody but said he was “still alive,” which was “a luxury” that the victims of Qaeda attacks did not have.

The jury foreman, a Navy captain, said in court that he took up the defense request and drafted the clemency letter by hand, and all but one officer on the sentencing jury signed it, using their panel member numbers because jurors are granted anonymity at the national security court at Guantánamo.

Ian C. Moss, a former Marine who is a civilian lawyer on Mr. Khan’s defense team, called the letter “an extraordinary rebuke.”

“Part of what makes the clemency letter so powerful is that, given the jury members’ seniority, it stands to reason that their military careers have been impacted in direct and likely personal ways by the past two decades of war,” he said.

At no point did the jurors suggest that any of Mr. Khan’s treatment was illegal. Their letter noted that Mr. Khan, who never attained U.S. citizenship, was held as an “alien unprivileged enemy belligerent,” a status that made him eligible for trial by military commission and “not technically afforded the rights of U.S. citizens.”

But, the officers noted, Mr. Khan pleaded guilty, owned his actions and “expressed remorse for the impact of the victims and their families. Clemency is recommended.”

Sentencing was delayed for nearly a decade after his guilty plea to give Mr. Khan time and opportunity to cooperate with federal and military prosecutors, so far behind the scenes, in federal and military terrorism cases. In the intervening years, prosecutors and defense lawyers clashed in court filings over who would be called to testify about Mr. Khan’s abuse in C.I.A. custody, and how.

In exchange for the reduced sentence, Mr. Khan and his legal team agreed to drop their effort to call witnesses to testify about his torture, much of it most likely classified, as long as he could tell his story to the jury.

The jurors were also sympathetic to Mr. Khan’s account of being drawn to radical Islam in 2001 at age 21, after the death of his mother, and being recruited to Al Qaeda after the Sept. 11 attacks. “A vulnerable target for extremist recruiting, he fell to influences furthering Islamic radical philosophies, just as many others have in recent years,” the letter said. “Now at the age of 41 with a daughter he has never seen, he is remorseful and not a threat for future extremism.”

The panel was provided with nine letters of support for Mr. Khan from family members, including his father and several siblings — American citizens who live in the United States — as well as his wife, Rabia, and daughter, Manaal, who were born in Pakistan and live there."

 
 

HOW SPECIAL THE SPECIAL PUBLIC HEARING WAS: Special Mesa City Council Meeting @ 07:30 am Thu 10/28/2021

Who was the 'Groggiest" of them all? It takes you out 25 seconds to find out!
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File #:21-1104   
Type:Public HearingStatus:Agenda Ready
In control:City Council
On agenda:11/1/2021
Title:Public hearing prior to the release of the petition for signatures
for the proposed annexation case ANX21-00728,
located north of Pecos Road and west of Signal Butte Road (71.3± acres). 
This request has been initiated by the applicant, Josh Tracy, Ryan Companies;
for the owner, Tucker Properties, LTD. (District 6)
Attachments:1. Council Report, 2. Annexation Map, 3. Annexation Petition
______________________________________________________________________________
THIS IS LAST WEEK'S SPECIAL COUNCIL MEETING 
AND INSERT OF UPLOADED VIDEO
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CITY COUNCIL REPORT
City Council Report 
Date: November 1, 2021 
To: City Council T
Through: Natalie Lewis, Assistant City Manager 
From: 
Christine Zielonka, Development Services Director 
Nana Appiah, Planning Director 

Subject: Public Hearing prior to the release of the petition for signatures 
for annexation case ANX21-00728, located north of Pecos Road and west of Signal Butte Road (71.3± acres). 
Council District 6 

Purpose and Recommendation
The purpose of this agenda item is for the City Council to conduct a public hearing on the proposed annexation of 71.3+ acres of property depicted on Exhibit “A” (the Property”). 
State Statute requires the blank annexation petition to be recorded prior to the public hearing (A.R.S. §9-471-A). 
The blank petition was recorded on October 6, 2021. 
The subject annexation request was initiated by the applicant, Josh Tracy, Ryan Companies, for the owners, Tucker Properties, LTD. 
Following the public hearing, the annexation petition will be released for property owner signature. 
Once the signatures have been received, the annexation ordinance will be scheduled for the City Council’s consideration and adoption. 
Staff anticipates making a recommendation of approval for the annexation. 

Background 
The annexation area consists of one undeveloped parcel generally located north of East Pecos Road and west of South Signal Butte Road (see Exhibit ‘A”). 
The applicant is requesting annexation to develop the Property within the corporate limits of the City of Mesa. 
Currently, the Property is zoned Single Residence 43 (RU-43) in Maricopa County. 
The annexation ordinance will establish City of Mesa zoning designation of Agriculture (AG) on the Property. 

Discussion 
The Property is completely surrounded by the existing City of Mesa corporate boundaries and is within the City of Mesa Planning Area. 
The Property has a General Plan character area designation of “Employment”. 
If annexed, any development of the Property will be required to comply with City of Mesa development standards, [ page 2 ]
including storm water retention, street improvements, landscaping, screening, and signage. 
The City will also collect the development fees as well as supply water and gas utilities. 
Utilities and City services are already provided in the area and extension of these services will have minimal impact on the City. 
The City of Mesa Departments/Divisions of Transportation, Fire, Solid Waste, and Water Resources have provided comments related to the future development of the Property; however, none of the comments pertain to the annexation of the Property, which is currently vacant land. 
Planning State Statute requires the City to adopt a zoning classification that permits densities and uses no greater than those permitted by the County on newly annexed land (A.R.S. §9-471-L). 
The Property is currently zoned RU-43 in Maricopa County. 
City of Mesa zoning designation of AG will be established through the annexation ordinance. 

Fiscal Impact 
Annexation of the Property will result in the collection of any future secondary property tax, construction tax, and development fees generated from the Property. 
Notification The Property has been posted and notifications have been sent to all property owners and county agencies as required by state statute (A.R.S. §9-471). 
GENERAL INFORMATION Area ....................................................................................... 71.3± acres 
Population............................................................................... 0 
People Dwelling Units ........................................................................ 0 
Homes Existing Businesses ................................................................ 0 
Businesses Arterial Streets ........................................................................ 0 miles 
Total Owners .......................................................................... 1 
Owner Total Assessed Valuation of private land ................................ $1,292.00
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Special City Council Meeting - 10/28/2021

37 views
Oct 28, 2021 


Meeting Name:City CouncilAgenda status:Final
Meeting date/time:10/28/2021 7:30 AMMinutes status:Draft 
Meeting location:Lower Council Chambers
Special Council Meeting
Published agenda:Agenda AgendaPublished minutes:Not available 
Meeting video: 
Attachments:
File #Agenda #TypeTitleActionResultAction Details
21-11321-aResolutionApproving and authorizing the City Manager to enter into Amendment No. One to the Intergovernmental Agreement with Arizona Department of Transportation accelerating the project timeline of the construction of State Route 24 between Ellsworth Road and Ironwood Road (IGA 19-0007461-1, A. G.) (District 6)  Not available
21-11331-bResolutionApproving and authorizing the City Manager to enter into the First Amendment to the Pre-Annexation Development Agreement with Pacific Proving, LLC, (owner) and Legacy Cares, Inc. (lessee), for the development of a recreation facility known as “Legacy Sports Park” regarding the costs and use of funds for the acceleration of certain public infrastructure projects. (District 6)  Not available

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NOVEMBER 2021 MesaLegistar Calendar Upload on Sun 31 Oct

NameMeeting Date icsMeeting TimeMeeting LocationMeeting DetailsAgendaMinutesVideo
City Council Study Session11/18/2021Export to iCalendar7:30 AMLower Council Chambers
Meeting detailsNot availableNot availableNot available
Planning and Zoning Board - Public Hearing11/17/2021Export to iCalendar4:00 PMCouncil Chambers
Special Meeting
Meeting detailsNot availableNot availableNot available
Planning and Zoning Board - Study Session11/17/2021Export to iCalendar3:00 PMLower Council Chambers
Special Meeting
Meeting detailsNot availableNot availableNot available
City Council11/15/2021Export to iCalendar5:45 PMCouncil Chambers
Meeting detailsNot availableNot availableNot available
City Council Study Session11/15/2021Export to iCalendar5:15 PMLower Council Chambers
Meeting detailsNot availableNot availableNot available
Design Review Board11/9/2021Export to iCalendar4:30 PMLower Council Chambers
Meeting detailsNot availableNot availableNot available
Community and Cultural Development Committee11/4/2021Export to iCalendar8:00 AMLower Council Chambers
Meeting detailsNot availableNot availableNot available
City Council Study Session11/4/2021Export to iCalendar7:30 AMLower Council Chambers
Meeting detailsNot availableNot availableNot available
Board of Adjustment Public Hearing11/3/2021Export to iCalendar5:30 PMLower Council Chambers
Meeting detailsAgenda AgendaNot availableNot available
Board of Adjustment Study Session11/3/2021Export to iCalendar4:30 PMLower Council Chambers
Meeting detailsAgenda AgendaNot availableNot available
Historic Preservation Board11/2/2021Export to iCalendar6:00 PMLower Council Chambers
Historic Preservation Community Meeting
Meeting detailsAgenda AgendaNot availableNot available
City Council11/1/2021Export to iCalendar5:45 PMCouncil Chambers
Meeting detailsAgenda AgendaNot availableNot available
City Council Study Session11/1/2021Export to iCalendar5:15 PMLower Council Chambers
Meeting detailsAgenda AgendaNot availableNot available

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INFORMED CONSENT
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CITY COUNCIL STUDY SESSION MONDAY 
Monday, November 1, 2021 5:15 PM Lower Council Chambers 
Roll Call (City Council members participate in person, telephonically, or electronically.) 
1 Review and discuss items on the agenda for the November 1, 2021 regular Council meeting. 
2 Acknowledge receipt of minutes of various boards and committees. 
Item 2-a 21-1189 Redistricting Commission meetings held on September 29, October 6, and October 26, 2021. 
File #:21-1189   
Type:MinutesStatus:Agenda Ready
In control:City Council Study Session
On agenda:11/1/2021
Title:Redistricting Commission meetings held on September 29, October 6, and October 26, 2021.
Attachments:1. September 29, 2021 Redistricting Commission.pdf,
2. October 6, 2021 Redistricting Commission.pdf,
3. October 26, 2021 Redistricting Commission.pdf

3 Current events summary including meetings and conferences attended. 
4 Scheduling of meetings.
________________________________________________________________________________________________________________________________
Meeting Name:City CouncilAgenda status:Final
Meeting date/time:11/1/2021 5:45 PM

21-1126 5-a
Contract Four Year Renewal for the Use of a Cooperative Contract for 3M Radio Frequency Identification (RFID) Equipment and Maintenance for the Library Services Department (Sole Source) (Citywide) 
This contract provides labor, parts and equipment modifications to maintain 3M RFID equipment at the Mesa library branches. 
With the lifecycle projects of replacing Library’s automated material handler/sorters and security gate replacements being approved for this fiscal year and potentially next fiscal year, this renewal will allow Library to streamline large one-time purchases at a fair and competitive price. 
The Library Services Department and Purchasing recommend authorizing the renewal using the Maricopa County cooperative contract with Bibliotheca LLC, at $440,000 annually, based on estimated usage, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  
File #:21-1126   
Type:ContractStatus:Agenda Ready
In control:City Council
On agenda:11/1/2021
Title:Four Year Renewal for the Use of a Cooperative Contract for 3M Radio Frequency Identification (RFID) Equipment and Maintenance for the Library Services Department (Sole Source) (Citywide) This contract provides labor, parts and equipment modifications to maintain 3M RFID equipment at the Mesa library branches. With the lifecycle projects of replacing Library’s automated material handler/sorters and security gate replacements being approved for this fiscal year and potentially next fiscal year, this renewal will allow Library to streamline large one-time purchases at a fair and competitive price. The Library Services Department and Purchasing recommend authorizing the renewal using the Maricopa County cooperative contract with Bibliotheca LLC, at $440,000 annually, based on estimated usage, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.
Attachments:1. Council Report

5-b Contract
Three-Year Term Contract with Two Years of Renewal Options for Chiller Maintenance and Repair Services for the Parks, Recreation and Community Facilities Department (Citywide) 
This contract will provide the inspection, preventative maintenance, and repair of water chillers and associated equipment located at City-owned and operated facilities. 
It will also support services related to the replacement of parts on a pre-planned schedule, prior to the failure of key components related to cooling plants, closed loops, cooling towers, and fluid coolers, as scheduled. 
Inspection and preventative maintenance services will be scheduled on a quarterly and annual basis. 
An evaluation committee recommends awarding the contract to the highest scored proposal from W.D. Manor Mechanical Contractors, Inc., at $221,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  Not available21-1129

5-c Contract 
Dollar-Limit Increase and One-Year Renewal to the Term Contract for Temperature Controlled Drug Locking Cabinets for the Mesa Fire and Medical Department (Citywide) 
Mesa Fire and Medical Department (MFMD) has been using refrigerated locking drug cabinets on their apparatus for 19 years to hold pharmaceuticals for emergency responses. 
Many pharmaceuticals cannot tolerate the intense Arizona heat and require a temperature-controlled environment. 
MFMD is requesting a dollar-limit increase for Year 3, due to the nine additional ambulances purchased or being purchased this contract period that were unforeseen at the time of the original award, and an early ordering request from Budd Medical, due to COVID challenges on materials availability. 
The Mesa Fire and Medical Department and Purchasing recommend increasing the dollar-limit by $95,000, from $130,700 to $225,700 for Year 3; and authorizing the renewal with Budd Medical and Fire Equipment, LLC, at $200,000 annually; 
with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. 
This purchase is funded by Gen  Not available 21-1128

5-d Contract
Three-Year Term Contract with Two Years of Renewal Options for Crack Seal Services, Materials, and Rental Equipment for the Transportation Department (Citywide) 
This contract will provide full-service crack seal application services on five types of City street classifications (arterial, collector, residential streets, signalized intersections and parking lots), and also provide materials and rental equipment to aid in pavement preservation of the City's street inventory. 
The Transportation Department and Purchasing recommend awarding the contract to the lowest, responsive, and responsible bidders: 
  • Choice Maintenance and Asphalt Services, LLC; 
  • Morgan Pavement Maintenance (a Mesa business); 
  • Crafco, Inc.; Superior Supply, Inc.; and 
  • Maxwell Products, Inc
at $4,117,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index. 
This purchase is funded by Highway User Revenue and Local Streets Funds.  Not available 21-1130

5-e Contract 
Five-Year Renewal for the Use of a Cooperative Contract for Maintenance, Repair, Operating Supplies for Citywide Use (Citywide) 
This contract supplies various City departments with Maintenance, Repair, and Operating (MRO) Supplies in a retail and wholesale (internet) environment. 
It supplements the City’s current term contract for Industrial Supplies with Grainger. 
The provision of both cooperative and vendor options is advantageous to the City leveraging two nationally bid contracts for the best price and availability on these products. 
The Business Services Department and Purchasing recommend authorizing the renewal using the Maricopa County/Omnia Partners cooperative contract with Home Depot U.S.A., Inc. (six local Mesa locations), at $400,000 annually, based on estimated usage, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.  Not available 21-1124

5-f Contract
South Canal Shared Use Path Project - Consolidated Canal to McKellips Road (District 1) 
This project will construct a new paved pathway along the east side of the South Canal between the existing pathway along the Consolidated Canal and McKellips Road. 
The pathway will include a rectangular rapid-flashing beacon (RRFB) at the crossing of Horne and a pedestrian crossing signal at McKellips Road. 
The project also includes lighting adjacent to the pathway for increased safety. 
Staff recommends awarding the contract for this project to the lowest responsible bidder, Combs Construction Company, in the amount of $1,750,748.70, an authorizing a change order allowance in the amount of $175,075 (10%), for a total amount of $1,925,823.70. 
This project is funded by the ADOT (federal) grant under the TA-MAG program.  Not available 21-1148 

5-g Contract 
Authorizing the Mayor to sign an amendment to the employment contract with the City Auditor.  Not available 21-1149

5-h Contract 
Authorizing the Mayor to sign an amendment to the employment contract with the City Clerk.  Not available 21-1150

5-i Contract 
Authorizing the Mayor to sign an amendment to the employment contract with the City Attorney.  Not available

5-j Contract
Authorizing the Mayor to sign an amendment to the employment contract with the City Manager
File #:21-1151   
Type:ContractStatus:Agenda Ready
In control:City Council
On agenda:11/1/2021
Title:Authorizing the Mayor to sign an amendment to the employment contract with the City Manager.
Attachments:1. Sixth Amendment to Employment Contract

Sixth Amendment to the Employment Agreement 
Christopher J. Brady And City of Mesa This Sixth Amendment to the Employment Agreement (“Sixth Amendment”) is entered into between the City of Mesa, an Arizona municipal corporation (“Employer”) and Christopher J. Brady (“Employee”). Employer and Employee may be referred to individually as “Party” and collectively as “Parties.” RECITALS A. Employer and Employee are parties to that certain Employment Agreement entered into and made effective as of July 1, 2015; a First Amendment to the Employment Agreement dated November 9, 2016; a Second Amendment to the Employment Agreement dated October 2, 2017; a Third Amendment to the Employment Agreement dated August 27, 2018; a Fourth Amendment to the Employment Agreement dated November 4, 2019; and a Fifth Amendment to the Employment Agreement dated February 25, 2021 (collectively, the “Employment Agreement”). B. The Parties, through this Sixth Amendment, hereby desire to modify the Employment Agreement under the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, for and in consideration of the foregoing, and the promises and agreements set forth herein, the Parties agree as follows: 1. One-Time Payment: Employer shall pay to Employee any one-time annual payment authorized by the Mesa City Council for eligible non-sworn City of Mesa employees in any given year, in the same manner and the same amount as approved for eligible non-sworn City of Mesa employees. 2. Base Salary: The Parties agree that Employee’s annual base salary, as set forth in the Employment Agreement, is hereby increased by 3%, and such increase shall be effective as of July 1, 2021. 3. Employee Vehicle Insurance: For purposes of clarifying vehicle insurance coverage, pursuant to the Employee Agreement, Employee receives a vehicle allowance to be used to purchase, lease, operate, maintain, and/or insure a vehicle. Employee is solely responsible for obtaining insurance coverage for such vehicle, including liability, property damage, and comprehensive insurance. The insurance coverage obtained by the Employee will provide primary coverage on all claims and lawsuits related to the vehicle. For claims and lawsuits related to the vehicle asserted by third-parties against the Employer and/or Employee, and that arise out of Employee’s conduct during the course and scope of their employment with {00415569.1} 2 Employer, the Employer’s insurance coverage will be secondary. In all other circumstances, Employer’s insurance will be noncontributory. Employee is solely responsible for all expenses attendant to the lease, purchase, operation, maintenance, repair, and regular replacement of the vehicle. 4. Effect of Sixth Amendment: This Sixth Amendment shall be deemed to amend the Employment Agreement with respect to all terms, provisions, and changes set forth in this Sixth Amendment. Except as amended by this Sixth Amendment, all terms, provisions, and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Sixth Amendment to be duly executed on or as of November 1, 2021. EMPLOYEE EMPLOYER CITY OF MESA, an Arizona municipal corporation ____________________________ ________________________________ Christopher J. Brady 
John C. Giles City Manager Mayor Approved as to Form _____________________________ Alfred J. Smith Deputy City Attorney
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6-a Resolution
Approving and authorizing the City Manager to enter into a Highway Safety Contract with the Arizona Governor’s Office of Highway Safety to accept $84,100 in grant funds. The funds will be used by the Police Department’s Traffic Division for overtime, employee related expenses, materials and supplies for the Selective Traffic Enforcement Program in the City of Mesa. (Citywide)
 
6-b Resolution
Approving and authorizing the City Manager to enter into a Highway Safety Contract with the Arizona Governor’s Office of Highway Safety to accept $100,537 in grant funds. The funds will be used by the Police Department’s Traffic Division for overtime, employee related expenses, materials and supplies for DUI/impaired driving enforcement in the City of Mesa. (Citywide)

6-c Resolution 
Approving and authorizing the City Manager to enter into a Highway Safety Contract with the Arizona Governor’s Office of Highway Safety to accept $50,726 in grant funds. The funds will be used by the Police Department’s Traffic Division for overtime, employee related expenses, materials and supplies for pedestrian and bicycle safety throughout the City of Mesa. (Citywide)  Not available21-1095

 6-d Resolution
Approving and authorizing the City Manager to enter into a Subrecipient Agreement with the Arizona Department of Homeland Security to accept $198,285 in grant funds for equipment and training to support and sustain the Police Department’s Rapid Response Task Force. (Citywide)

6-e Resolution 
Approving and authorizing the City Manager to enter into a Subrecipient Agreement with the Arizona Department of Homeland Security to accept $136,000 in grant funds for equipment to support the Police Department’s Hazardous Device Team. (Citywide)  Not available21-1097  

6-f Resolution
Approving and authorizing the City Manager to enter into a Subrecipient Agreement with the Arizona Department of Homeland Security to accept $39,650 in grant funds for equipment and training to support and sustain the Police Department’s Terrorism Liaison Program. (Citywide)  Not available21-1119  

6-g Resolution
Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Town of Queen Creek to accept $125,000 in funding in exchange for forensic laboratory services provided by the Police Department’s Forensic Services Division. (Citywide)  Not available

21-0849  7-a Ordinance 
Repealing and replacing Ordinance 5314 relating to compensation, vehicle, and communication allowance and City benefits for the Mayor and City Council, effective January 2023, and acknowledging receipt of the report and recommendations of the Independent Commission on Compensation for Elected Officials (ICCEO).  


7-b Ordinance
ZON20-00210 (District 5) 
Within the 6800 to 7000 blocks of East University Drive (south side). Located east of Power Road on the south side of University Drive (1.6± acres). Rezone from Limited Commercial (LC) to LC with a Bonus Intensity Zone Overlay (BIZ); and Site Plan Review. This request will allow for the development of a commercial center. John Reddell, Reddell Architects, applicant; ETR Enterprises LLC and United States Department of Interior Bureau of Land Management, owners. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 4-1)  Not available21-1117

8-a Subdivision Plat“Los Nietos” (District 1) 
Within the 2400 block of North Old Gilbert Road (east side) and within the 2000 block of East Hermosa Vista Drive (north side). Located south of 202 Red Mountain Freeway and east of Gilbert Road (4.55 ± acres). Sotein Solares, LLC, developer; Daniel D. Armijo, AW Land Surveying, LLC, surveyor.  Not available21-1064

9-a Ordinance Amending Title 5 of the Mesa City Code (Business Regulations) by adding a new Chapter 5, entitled "Business License", requiring all persons conducting business in Mesa to obtain a business license. (Citywide)


10-a Public Hearing
public-hearing_concept-1 (2).png
Public hearing prior to the release of the petition for signatures for the proposed annexation case ANX21-00728, located north of Pecos Road and west of Signal Butte Road (71.3± acres). This request has been initiated by the applicant, Josh Tracy, Ryan Companies; for the owner, Tucker Properties, LTD. (District 6)  
INSERT
File #:21-1104   
Type:Public HearingStatus:Agenda Ready
In control:City Council
On agenda:11/1/2021
Title:Public hearing prior to the release of the petition for signatures for the proposed annexation case ANX21-00728, located north of Pecos Road and west of Signal Butte Road (71.3± acres).  This request has been initiated by the applicant, Josh Tracy, Ryan Companies; for the owner, Tucker Properties, LTD. (District 6)
Attachments:1. Council Report, 2. Annexation Map, 3. Annexation Petition 


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