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HomeMy WebLinkAbout2012 06.19 City Council Regular Agenda PLEASE FILL OUT A"REaST TO SPEAK"FORM IF YOU WISH TO ADC"'""IS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN,. l'EM. QACH o �Gy0 • City a Apache Junction Z . Ho/?le Ut the .S'uperclitiron Mountains 'I P12014 APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD 'n APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA June 19, 2012 7:00 PM 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 items 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. Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of June 5,2012 3 Consideration of proposed Resolution No. 12-23,adopting the recommendation of the steering committee of the Metropolitan Phoenix Municipal Employee Benefits Trust to modify the trust document to change the name of the trust to the Arizona Metropolitan Trust (AzMT) Legal counsel for the trust is requesting the name change prior to July 1 All the cities involved are taking this to their councils in June. This resolution gives the council the opportunity to approve the requested name change for the trust 4 Consideration of approval of PW 2012-04 bulk fuel to Southern Counties Oil Company doing business as SC Fuels. Two bids were received in response to the solicitation Staff requests City Council approval and award of this bid to Southern Counties Oil Company doing business as SC Fuels 5. Consideration of approval of PW 2012-01 Trash and Recycle Material Removal for City Facilities to Republic Services in an annual amount not to exceed $10,857 24. Three bids were received in response to the solicitation. Staff requests City Council approval and award of this bid to Republic Services 6 Consideration of award of contract to J Banicki Construction,Inc.for PW2010-22B North Apache Trail Phase 1 improvements, in an amount not to exceed$336,980.00. Staff respectfully requests council approval to enter into a contract with J Banicki Construction, Inc.for Project PW2010-22B North Apache Trail Improvements Phase 1,in an amount not to exceed$336,980 00 The total amount includes 10%for unforeseen change orders T Consideration of defense attorney contracts The current defense attorney contracts are set to expire on June 30,2012 Both attorneys have signed contracts for another two-year term Judge Hazel respectfully requests the council to authorize him to execute new contracts with the two defense attorneys E. AWARDS, PRESENTATIONS '''°D 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 8 ADMINISTRATION OF OATH OF OFFICE AND SEATING OF NEWLY-APPOINTED CITY COUNCIILMEMBER GAIL EVANS. The city clerk will administer the oath of office to the new council member Note This oath will be done for ceremonial purposes only The initial oath of office was done on June 5,2012 9 PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. This item is identified in the Fiscal Year 2011-2012 City Council Work Plan F. ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance,time and location 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 10 MANAGER'S REPORT 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 11 APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES#3850 LOCATED AT 2315 S COCONINO. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 12 APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 7 LIQUOR .-. LICENSE FOR PIZZA HUT LOCATED AT 250 S. PHELPS DRIVE The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 13. PRESENTATION BY JOHN KRUGER, VICE PRESIDENT, BUSINESS DEVELOPMENT, OF THE GREATER PHOENIX ECONOMIC COUNCIL(GPEC)ON THEIR CONTINUED EFFORTS. STAFF WILL PRESENT ON AND DISCUSS THE AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES RENEWAL AND THE APPOINTMENT OF A COUNCILMEMBER AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS. John Kruger, Vice President of Business Development for GPEC will provide an overview of their continued efforts. The City of Apache Junction joined the GPEC in 2007 and has consistently renewed its membership.The contract provides for national and international business recruitment services and targeted marketing, research,competitive analysis and prospect management for commercial/industrial-type prospects within the city limits This would be a continuation of those services through 2013 and is in the amount of$20,963 00 based on a standardized population-driven formula Councilmember Serdy currently serves as the city representative to the GPEC Board of Directors 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 None �+ 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 None K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None ,,.k- SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 14 SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION ON JULY 2,2012 AND/OR JULY 3, 2012. 15. EXECUTIVE SESSION AT 5 45 P M AND WORK SESSION AT 7.00 P M FOR MONDAY,JULY 2,2012. 16. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY,JULY 3,2012. OTHER MEETINGS 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 that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may, at the conclusion 1) respond to criticism by a speaker, 2) ask the City Manager to review a matter,3) ask the City Manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 OOa—6 OOp, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING JUNE 5, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 5, 2012, at the Apache Junction City Council Chambers pursuant to the notice .•. required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Waldron Councilmember Wilson (there is one vacancy on the council) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern (arrived 7 : 07 p.m. ) Development Services Director Brad Steinke Human Services Director Liz Riley Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 1 OF 13 Others Present: Revenue Resources Manager Roger Hacker ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR TRANSPORTATION ENHANCEMENT PROGRAM FOR STATE HIGHWAYS FUNDING THROUGH THE TRANSPORTATION ENHANCEMENT PROGRAM AND CERTIFYING THAT THE APPLICATION: (1) MEETS THE COMMUNITY' S IDENTIFIED TRANSPORTATION NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE APPLICATION; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-20, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE PARKS AND RECREATION DEPARTMENT' S FIT FAMILY PROGRAM IN AN AMOUNT NOT TO EXCEED $13, 800; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE CENTER' S HEALTH CAREERS INITIATIVE PROGRAM IN AN AMOUNT NOT TO EXCEED $22, 000; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-17, A RESOLUTION OF �•� THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS FOR FUNDING FOR THE EAST VALLEY ADULT RESOURCES' MEALS WHILE YOU HEAL PROGRAM IN AN AMOUNT NOT TO EXCEED $25, 000; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE NETWORK. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 2 OF 13 Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Robin Barker of the Apache Junction News presented the Citizen of the Year Award sponsored by the Apache Junction News posthumously to Gary Mulholland. The award was accepted by Susie Mulholland, his wife. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced he and the mayor attended a Memorial Day Ceremony at Mountain View Cemetery in East Mesa with about 500 people. Councilmember Waldron announced he and the mayor attended the Lost Dutchman Day Marathon Recognition Dinner on May 30 . The marathon gave out $65, 000 which is $10, 000 more than last year. Parks and Recreation received a check for $25, 000 for their programs . CITY MANAGER' S REPORT City Manager George Hoffman read a note from the chamber regarding a couple from Germany touring Arizona and New Mexico, Aar announced that Superstition Shadows is in the top ten list of public pools in the Greater Phoenix area, and commented on the household hazardous waste, white goods collection and electronic recycling event. PUBLIC HEARINGS RESOLUTION NO. 12-22, DECLARING THE 2012 AMENDMENTS TO THE PERSONNEL RULES A PUBLIC RECORD/ORDINANCE NO. 1383, ADOPTING THE 2012 AMENDMENTS TO THE PERSONNEL RULES BY REFERENCE REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 3 OF 13 Human Resources Director Liz Riley briefed the council on the item. City Clerk Kathleen Connelly stated they can do the two items as one public hearing but they must have separate motions for them. Mayor Insalaco opened the p public hearing on the items . There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 12-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1383 BE READ BY TITLE ONLY WITH THE EMERGENCY iv CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only with the emergency clause. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 4 OF 13 Councilmember Barker MOVED THAT ORDINANCE NO. 1383, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS ACCEPTANCE OF RESIGNATION OF CLARK SMITHSON, SELECTION OF APPLICANT TO FILL VACANCY CREATED BY THE RESIGNATION OF CLARK SMITHSON OR DIRECTION TO STAFF ON PROCESS FOR FILLING THE VACANCY Mayor Insalaco called for a motion. Councilmember Barker MOVED RELUCTANTLY THAT WE ACCEPT THE RESIGNATION OF CLARK SMITHSON FROM HIS POSITION AS A CITY COUNCIL MEMBER EFFECTIVE MAY 17, 2012 . Councilmember Wilson RELUCTANTLY SECONDED THE MOTION. VOTE: Unanimous . (During the vote Vice Mayor Dietz commented he hoped to see him back up there in another year. ) The motion carried. Mayor Insalaco commented they need to fill the vacancy. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 5 OF 13 Councilmember Barker commented she would like to make a nomination from the three that they have. Mayor Insalaco opened the nominations. Councilmember Barker — NOMINATED GAIL EVANS FOR THE VACANT COUNCIL POSITION. Mayor Insalaco asked if there was another nomination. Councilmember Wilson NOMINATED CHRISTA RIZZI . Mayor Insalaco asked if there were other nominations three times He then closed the nominations and called for a vote on the first one. City Clerk Kathleen Connelly stated this vote is for the nomination of Gail Evans to fill the remainder of the term. VOTE: 4-2 (Councilmembers Serdy and Wilson voted opposition) . The motion carried. Vice Mayor Dietz congratulated Gail Evans . COUNCIL DIRECTION TO STAFF RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Barker commented they received five possible resolutions from another REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 6 OF 13 community. She asked if more are coming in and when the deadline is . Assistant to the City Manager Matt Busby stated the deadline is June 15 for submission. Cities must receive a co-sponsor. They have received additional ones . He recalled receiving one from Queen Creek. Vice Mayor Dietz commented they do not have to approve those. Assistant to the City Manager Matt Busby stated it is at the council' s discretion. They are not necessarily seeking specific direction on each item forwarded to them. Councilmember Barker asked him what they are seeking. She asked if staff is to peruse those coming from other communities and anything that the council might want to be written. Assistant to the City Manager Matt Busby stated if that is the council' s desire they could work with that very well Councilmember Waldron asked if part of this motion will be the resolutions they discussed last night that should move forward again. Assistant to the City Manager Air Matt Busby stated that could be part of this motion. He liked Councilmember Barker' s earlier suggestion of giving the authority to move forward on these things to the city manager upon direction from the mayor, whether to move forward with last year' s resolutions or co-sponsor other resolutions from other communities . Vice Mayor Dietz asked if they can leave the other resolutions they receive asking for sponsorships in George' s hands . City Manager George Hoffman stated if it works for the council, whatever they want. He REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 7 OF 13 would like to get a green light from the mayor or, in his absence, the vice mayor, and then he could effectuate that with the league. Vice Mayor Dietz commented they would not have to come back for a formal meeting on them. City Clerk Kathleen Connelly stated there would not be enough time. Last year they submitted two election-related resolutions . It has been made clear that, in the opinion of the league' s attorney, there are other alternatives to that already in the law. She would not recommend putting those forward again. Vice Mayor Dietz commented it would just be the trucks in the right lane one. City Clerk Kathleen Connelly stated that is correct. Assistant to the City Manager Matt Busby stated they would still have to seek a co-sponsor for that resolution. Mayor Insalaco commented Douglas co-sponsored it last year. Assistant to the City Manager Matt Busby commented he is not sure if they will do so this time . Mayor Insalaco commented they have new mayor down there. Assistant to the City Manager Matt Busby stated they also have a new city manager. Mayor Insalaco commented they have a new mayor, new city manager, and three new council members . Councilmember Waldron asked if that is the only one from last year that will go forward. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 8 OF 13 A\ Mayor Insalaco commented they submitted three and two of them Kathy stated we do not need. Vice Mayor Dietz commented two of them we do not need to submit. They looked at the truck last year, and there was some interest, so maybe we can get it done this year. Assistant to the City Manager Matt Busby stated they adopted it as a Critical Municipal Issue. It was on their list of resolution topics . It made it through the committee, they just did not actively write legislation on it and find a sponsor legislator for it . Mayor Insalaco commented it did not lose by much. Vice Mayor Dietz commented he definitely thinks it is worth it. Mayor Insalaco commented it will be worth putting it on again. He called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING RESOLUTIONS TO BE SUBMITTED AND/OR CO-SPONSORED TO THE 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS: THAT DIRECTION BE GIVEN TO THE CITY MANAGER WITH THE APPROVAL OF THE MAYOR OR VICE MAYOR TO PERUSE AND ALLOW THE CITY TO CO-SIGN ANY RELEVANT RESOLUTIONS FROM OTHER COMMUNITIES, AND TO RESUBMIT ,.•k. THE RESOLUTION ABOUT TRUCKS TO THE RIGHT THAT WAS SUBMITTED LAST YEAR, AND I FURTHER MOVE THAT THE CITY MANAGER BE AUTHORIZED TO SUBMIT RESOLUTIONS ON BEHALF OF THE CITY AND TO APPROVE CO- SPONSORSHIP ON BEHALF OF THE CITY ON RESOLUTIONS THAT MIGHT BE SUBMITTED BY OTHER ARIZONA CITIES AND TOWNS. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 9 OF 13 TEMPORARY USE STANDARDS IN THE DOWNTOWN Development Services Director Brad Steinke briefed the council on the item. Vice Mayor Dietz commented he thinks it is a good idea to check this out and see how it goes and then come back and figure out what they need to do. .�.. Councilmember Waldron asked if he was able to get hold of the one vendor and see if they would voluntarily move that storage container. Development Services Director Brad Steinke commented both the one that we chatted about and the other one down the Trail are able to move them out of line of sight from the roadway. He has also asked them to consider shoving the one back at the median corner further away. He may be locked in because of the lease with the owner. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TEMPORARY USE STANDARDS IN THE DOWNTOWN: THAT STAFF COME BACK TO US THE FIRST MEETING IN AUGUST WITH A REPORT AS TO THE IMPACT ON TRAFFIC, THE VISUAL AND THE OVERALL SUCCESS OF THIS IN THE LOCATIONS THEY HAVE CHOSEN. IF THERE IS A PROBLEM, THEY WILL KNOW IT AT THAT POINT AND THEY CAN ADDRESS IT. IF THERE IS NO PROBLEM, THEY CAN SAY THANK YOU SO MUCH AND FORGET IT. ,..� Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES There was general discussion on the date of the budget work session. REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 10 OF 13 Vice Mayor Dietz MOVED THAT A BUDGET WORK SESSION BE HELD ON MONDAY, JUNE 18, 2012 AT 7 : 00 P.M. IN THE CITY COUNCIL CHAMBERS. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 18, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, JUNE 19, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Sandra Maxwell, 2650 W. Superstition Boulevard, Apache Junction addressed the council to compliment the fire district •. and police department and everyone involved regarding a transformer that had blown and started a fire in their mobile home park. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 35 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of May 15, 2012 . REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 11 OF 13 p ,ol., 3. Consideration of Resolution No. 12-21, authorizing the submission of a Round 19 Transportation Enhancement grant application for enhancement to the Apache Trail from Rennick to Ironwood Drive. 4 . Consideration of Resolution No. 12-20, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for the Parks and Recreation Department' s Fit Family Program. 5 . Consideration of Resolution No. 12-19, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for The Center' s Health Careers Initiative Program. 6. Consideration of Resolution No. 12-17, authorizing the submission of a Fiscal Year (FY) 2012-2013 grant application to the Gila River Indian Community for funding for the East Valley Adult Resources' Meals While You Heal Program. 7 . Consideration of Resolution No. 12-16, authorizing the City of Apache Junction to enter into an amended and restated intergovernmental agreement to plan, construct, operate, maintain and finance the Topaz Regional Wireless Cooperative (TRWC) Network. ACCEPTED THIS 19TH DAY OF JUNE, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 19TH DAY OF JUNE, 2012 . JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 12 OF 13 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of June, 2012 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of June, 2012 . /17--7;!,g1-!4.-4f KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 5, 2012 PAGE 13 OF 13 PpACkp (/4'06 City o ache 'unction ____ � pHome of the .Super.+•tition Mountains 4pizot/ Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of proposed Resolution No 12-23, adopting the recommendation of the steering committee of the Metropolitan Phoenix Municipal Employee Benefits Trust to modify the trust document to change the name of the trust to the Arizona Metropolitan Trust (AzMT) ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Legal counsel for the trust is requesting the name change prior to July 1 All the cities involved are taking this to their councils in June. This resolution gives the council the opportunity to approve the requested name change for the trust FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D resolution no. 12-23 RESOLUTION NO. 12-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, ADOPTING THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFITS TRUST ("MPMEBT") TO MODIFY THE TRUST DOCUMENT TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN TRUST ("AzMT) WHEREAS, the Mayor and City Council of the City of Apache Junction, Arizona are empowered pursuant to A R S. § 11-952 01 to Join with two or more public agencies to provide for health, accident, life and/or disability benefits for employees and officers of the City of Apache Junction through either insurance or self-insurance; and WHEREAS, the Mayor and City Council of the City of Apache Junction , Arizona authorized the City of Apache Junction to enter into an agreement with other entities to form the Metropolitan Phoenix Municipal Employee Benefit Trust ("MPMEBT") to provide employee benefits of the type generally described under the provision of A.R. S . § 11-952 . 01; and WHEREAS, the Steering Committee of MPMEBT has proposed changing the name of the MPMEBT to the Arizona Metropolitan Trust to more accurately reflect its member entities NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, approving the change in the name of the MPMEBT to the Arizona Metropolitan Trust, and the modification of the Declaration of Trust and Bylaws to reflect the name change PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012. SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO Mayor RESOLUTION NO. 12-23 PAGE 1 OF 2 ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 12-23 PAGE 2 OF 2 04 Pp ACHE✓Gyp .. City of pat e Junction I lDille of the .Sli pct:tIition :\'!oiinkiins 4RlyoN* Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE: June 19, 2012 4genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: Consideration of approval of PW 2012-04 bulk fuel to Southern Counties Oil Company doing business as SC Fuels. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Two bids were received in response to the solicitation Staff requests City Council approval and award of this bid to Southern Counties Oil Company doing business as SC Fuels FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ,proval. ATTACHMENTS: Click to download D Memo to City Council D Contract o ti Public Works Department a C?y 0/4 e Home of the Superstition Mountains 4 Ri zONls DATE. June 6, 2012 TO. Mayor and Members of the City Council THRU. George Hoffman, City Manager Giao Pham, Interim Public Works Director Shane Kiesow, Public Works Manager FROM: Heather Hodgman, Public Works Management Assistant SUBJECT PW 2012-04 Bulk Fuel The bid results were presented to City Council for presentation/discussion on June 4, 2012 This project was bid on a unit price per gallon to include delivery of bulk fuel to the City fueling station located at Public Works The term of the agreement will end June 30, 2013 with additional renewals automatically and continuously for four consecutive periods of one year. The following two bids were received. Southern Counties Oil Co dba SC Fuels .01910/gal—red dyed diesel 27560/gal—clear diesel .21341/gal—unleaded 25091/gal—E85 Petroleum Traders Corporation .04030/gal—red dyed diesel 32970/gal—clear diesel .27940/gal—unleaded No Bid -E85 The Public Works Department recommends award of the bid to Southern Counties Oil Company dba SC Fuels in the amount NTE $500,000 per year. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION { AGREEMENT FOR BULK FUEL PROJECT NO. PW 2012-04 THIS AGREEMENT made and entered into by and between the CITY OF Anew APACHE JUNCTION, an Arizona municipal corporation ("City") and Southern Counties Oil Company, dba SC Fuels, a California corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A) In response to City' s Notice Inviting Bid Proposals dated May 8, 2012, and any addendums applicable thereto, Contractor submitted a proposal dated May 5, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this material; and B) City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and C) City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms and conditions set forth below: 1. PROJECT DESCRIPTION: Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW 2012-04, on file with the Public Works Department, which includes the following product description: Bulk supply and delivery of red dyed diesel, clear diesel, unleaded gasoline and E85 gasoline per bid PW 2012-04 specifications. 2. PAYMENTS: Payment will be made by the City within thirty (30) calendar days after completion and acceptance of the material. Total amount of this Agreement shall not exceed $500, 000. 00. � i { 3. CONTRACT TIME: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30, 2013. The Agreement will be renewed automatically and continuously for four successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets for and appropriates funds for the successive renewal terms; and 2) neither Party terminates this Agreement. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor /'iN 4. 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, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 5. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period 2 ON 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. 6. WARRANTY: Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance and within fourteen calendar days of notice of defect in writing by the City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, privilege use and other similar taxes which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all ^ notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. 9. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty 3 to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 10. SUB-CONTRACTORS: All Subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City. 11 GOVERNING 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 terms 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 reasonable attorney fees to be determined by the court in such action. 12. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with rmiNs policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. ii Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. 4 s The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contain 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-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000,000 for each occurrence with a $2,000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement 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 CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. 5 enN If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. 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 General I^ Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and Employer's Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. emN In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. 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 and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title. 13. TERMINATION: Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 6 14. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2013, at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. •i.. Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar days advance written notice to the Public Works Director. Prices shall be in effect for the duration of the contract at the unit prices bid. 15. QUANTITY All "unguaranteed" quantities stated in the Contract are subject to adjustment as dictated by the City requirements. Unguaranteed Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices. 16. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 17. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 18. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 19. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 7 20. SAFETY: Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 21. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any es right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 22. RECORDS: Records of Contractor' s material, 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. 23. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. 24. SEVERABILITY: City and Contractor each believe that the ems 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, City Code or City Charter) , 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. 8 25. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract . 26. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws. The following is only applicable to construction contracts: The contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". { Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections.. The City may, at its sole discretion, conduct random verification of theOIN employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor's Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or 9 maintenance of any structure, building or transportation facility or improvement to real property. 27. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other 'ERNf entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others . 10 16. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2012. CONTRACTOR: rr �,`` Srju.&(n �Aurt�l4..S ©�, Cj.�Dc1 ' 1 A California _ L:: . Q r Jr-slap By: kM& KeQ,p Its: (Y\w‘citts.. , && iircelAtc-tob CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Its• MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 11 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as emIN issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated _day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's SUB-CONTRACTORS in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the emS judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2012. PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: 12 CITY OF APACHE JUNCTION PROJECT NO. PW CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of. NAME OF INSURED. ADDRESS OF INSURED: Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. Workman's $100,000 Each Accident, Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2. Commercial $1,000,000 Each Occurrence; General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage It is further agreed that these g policies shall not expire, be canceled or changed until es all work has been completed and the project has been accepted by the CITY. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the CITY of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the CITY, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer Notary Public My Commission Expires 13 Attachment A COST PROPOSAL Project No. 2012-04 Fmn/Company SO u <c Q A W. al bh SC-C is Contact Name c-QX1 V 1 2 Address. r,`. i 5 �' � 63 Telephone#: (2.33SYSti-3S50 Email' kc Dk) SCCtialS,CAce) ++++++1 1 1 i 1 1 : (+++++}+-t--'r+++•1++-1-h1-+++++-h++++++-1-++++++++l-+•1-++++ For purposes of this bid,the Bidder shall use this Cost Proposal Form for the OPIS daily average for April 30, 2012. The Bidder's signing of this form will attest to the pricing put forth on this form. The unit price/gallon as illustrated below shall include the OPIS daily average price+/-discount or mark up (Differential),delivery charge(Freight),taxes,and other charges with the total differential overall. The unit price/gallon shall be carried to 4 decimal places as illustrated below. City of Apache Junction Public Works Facility: Delivery Address 575 E Baseline Ave Delivery accepted Monday through Thursday between the hours of 6:30 am and 4 00 pm Traditional- Other Total Location "Unguaranteed" Differential Freight Taxes Charges Differential Quantity 575 B.Baseline Item 1. Ave.,Apache +/-3,000 gallons of- —Qm24 am. 0.4t21 0 =9 L Junction AZ 85219 Red Dyed Diesel fuel • 575 E.Baseline Item 2. G•0 ► Ave,Apache +/- 15,000 gallons of " : rsi� , 0.asa 0.1129 0 a•��-rev Junction AZ 85219 Clear diesel fuel I 575 E Baseline Item 3- Aye., ra MI5 03 Z-O.t t7 1.33 t 1 Apache +/- 20,000 gallons . ( • •T[ Junction AZ 85219 of unleaded fuel 575 E. Baseline Item 4 p Ave,Apache +/-20,000 gallons of• ' "110 c),430Z.a,i42 t Q Q.2939 �{ Junction AZ 85219 E85 fuel Guaranteed ! Other Total Location "Take or Pay" Differential Freight Taxes Charges Differential Quantity 575 E.Baseline Item 1: Ave.,Apache 6,000 gallons of red —O.0 24 r t12.` 0432-3 _ Junction AZ 85219 dyed diesel fuel 14 , { 1 f► A.. 575 B.Baseline Item 2• ! . I Ave.,Apache c. 30,000 gallons of E 'vi ,D 0___M Q.V2 0 0.?-156 Junction AZ 85219 clear diesel fuel 575 B Baseline Item 3 y`�_. Ave.,Apache 75,000 gallons of "D.Q«S O, 3%1 °ACV' 0 O.234 l Junction AZ 85219 unleaded fuel 575 B Baseline Item 4- ....` Ave,Apache 35,000 gallons of 1:;85 +0 t2S 0 ( 0$1927 I d ( , Junction AZ 85219 fuel i 1 1 Apache Junction Unified School District: Delivery address 2535 S Ironwood.Apache Junction Delivery accepted Monday through'Thursday between the hours of 6:00 am to 4 00 pm(June-August) j Delivery accepted Monday through Fi id.ay between the hours of 5:30 am to 5.30 pm(August-June) Traditional- Other Total r Location "Unguaranteed" Differential Freight Taxes Charges Differential Quantity 2535 S Ironwood, Item 1• I Apache Junction +/- 6,000 gallons of "0011 5 0,O3g2 0.19211 0 O,2X31 ( AZ 85219 Unleaded fuel 2535 S Ironwood, Item 2• ��yy Apache Junction +/-70,000 gallons of —'43% 2 et i. Q ora 0 0.On(Q AZ 85219 Red Dyed diesel fuel { _ Guaranteed Other Total Location I "Take or.Pay" Differential Freight Taxes Charges Differential Quantity 2535 S Ironwood, Item 1 `f Apache.function 10,000 gallons of —0,01715 Q�(''2. OJ —.. 0 Q,213 1 ". AZ 85219 Unleaded fuel 2535 S Ironwood, item 2• r. _._ Apache Junction 95,000 gallons of Redo '-b,d O,( '24.0.0/2-1 d �'©,0P to AZ 85219 dyed diesel fuel I . I i _� E I Contractor Signature. --.6C k. Date ...,'/H/t i. I • I 1 . • 15 : 1 Pp ACHE 41, r. . yet i 0 f Apache junction la'_ Hoiiie D1 the .%upet:cfit!0tl Aiiountains q.P11ol * Print TO- City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE: June 19, 2012 .genda Type : Regular Agenda Council Priority Focus Area- TITLE OF AGENDA ITEM: Consideration of approval of PW 2012-01 Trash and Recycle Material Removal for City Facilities to Republic Services in an annual amount not to exceed $10,857.24. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. Three bids were received in response to the solicitation. Staff requests City Council approval and award of this bid to Republic Services FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: ^ECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council ❑ Contract for Trash services AQpcHt- p ti Public Works Department ' th . . Home of the Superstition Mountains Ail DATE: June 6, 2012 TO. Mayor and Members of the City Council THRU. George Hoffman, City Manager Giao Pham, Interim Public Works Director Shane Kiesow, Public Works Manager FROM- Heather Hodgman, Public Works Management Assistant SUBJECT PW 2012-01Trash and Recycle Material Removal for City Facilities The bid results were presented to City Council for presentation/discussion on June 4, 2012 This project was bid on a yearly total to include the trash and recycle material removal from dumpsters located throughout City facilities. The term of the agreement will end June 30, 2013 with additional renewals automatically and continuously for four consecutive periods of one year The following three bids were received Allied Waste Services/Republic Services $10,857.24 yearly total Right Away Disposal $11,024.00 yearly total Waste Management of Arizona, Inc. $14,252 51 yearly total The Public Works Department recommends award of the bid to Allied Waste Services/Republic Services in the amount of$10,857.24 per year. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR TRASH AND RECYCLE MATERIAL REMOVAL PROJECT NO. PW 2012-01 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and REPUBLIC SERVICES, INC, a Delaware corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A. In response to City' s Notice Inviting Bid Proposals dated March 7, 2012, and any addendums applicable thereto, Contractor submitted a proposal date March 20, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this material; and B. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with the contract documents as fully described in the Notice Inviting Bid Proposals for Project No. PW 2012-01 which includes all required specifications. 2. CONTRACT TIME: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30, 2013. The Agreement will be renewed automatically and continuously for four successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets for and appropriates funds for the successive renewal terms; and 2) neither Party (, terminates this Agreement. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the eNE Contractor. 3. 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 t 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, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 4. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 5. TADS: Contractor shall pay all license, sales, consumer, use and other similar taxes which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 6. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. 7 INDEMNIFICATION: Contractor shall defend indemnify F and hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) 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 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. 8. SUB-CONTRACTORS: All Subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City. 9. GOVERNING 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 terms 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 reasonable attorney fees to be determined by the court in such action. 10. INSURANCE. Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force ^. and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. { Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contain 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- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability #11IS Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement 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 CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. 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 General Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer(s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. /N ON 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 and all required insurance shall not expire, be cancelled, or materially changed without a II minimum thirty (30) calendar days written notice to City from Contractor All Certificates of Insurance shall be identified with bid serial number and title. 11. TERMINATION. Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 12. PRICING. The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2013, at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar days advance written notice to the Public works Director. Prices shall be in effect for the duration of the contract at the unit prices bid. 13. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 14. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was Intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 15. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. eN 16. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 17. SAFETY: Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 18. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 19. 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. 20. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. 21. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22 CONFLICT OF INTEREST. The provisions of A.R.S. § 38- 511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989, the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws. The following is only applicable to construction contracts: The contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R. S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed. Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 24. COOPERATIVE USE OF CONTRACT: The City has entered into Om%� various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2012 . CONTRACTOR: a Delaware corp ration By: A;;3: 47//' Its: th I` Attvwcs. 4e— CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Its: MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS• That, (hereinafter called the Principal) , as Principal, and , a company ION /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's SUB- CONTRACTORS in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect• PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised /', Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 2012. PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: CITY OF APACHE JUNCTION PROJECT NO PW CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED• Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1. Workman's $100,000 Each Accident; Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2 . Commercial $1,000,000 Each Occurrence, General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 _ l General Aggregate Limit 3 Contractual $1,000, 000 Each . Bodily Injury Occurrence & Property Damage • 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each Bodily Injury Occurrence & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the CITY If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the CITY of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company The Certificate of Insurance must also provide that the CITY, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer Notary Public My Commission Expires 1 i Attachment A Current List of Containers and Locations Project No. 2012-01 PRICE INCLUDES DELIVERY AND APPLICABLE TAXES City Site Address # Size Pick Days Wkly CostiMD eiNI Department Containers ups ed Public Works 575 E Baseline 2 3 yard 2 Mon/Thurs Ave Mixed 1 6 yard 2 Mon/Thurs 14'gp3- Recycling Library 1177 N Idaho 1 6 yard 3 Mon/Wed/Fri t34-m8 t 7(p Dr _ Police 1001 N Idaho 1 8 yard 2 Mon/Thurs 1.1.4 t'in s6 Department Rd Animal 725 E Baseline 1 3 yard 1 Tuesday sg-2.4' s4b-t I Control Ave City Hal? 300 E 1 6 yard 2 Mon/Thurs Complex Superstition q X +I nt* Blvd a` Prospector 3015 N Idaho 1 8 yard 2 Tues/Fri Park Rd * tueg 07trt46 Multi 1035 N Idaho 1 6 yard 2 Tues/Fri Generational Rd 4.,.4,Ia °`'i . Building , Mixed 1 6 yard 1 Tuesday Recycling Recycling AST Water 660 W 16-th Ave 1 3 yard 1 Tuesday District { f 1 f/1. ` 1 40-Ac Tax Rate: % Yearly Total: $ kOj gV1- 4' Yearly Total in words: E,,� �F �GY1 ` 1Dbt _, to f =Vti hall/ 't f t 4t, ttfl d#t -5 4nL hit. ►5- f Lthk tU FS *QACHE✓G 8 y``c C1. I o_f pache _Junction U Z Home o/ tie Superstition/ A'/or/earns gRllpN* Print TO: City Manager's Office FROM: Emile Schmid, P.E., Senior Project Engineer DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of award of contract to J. Banicki Construction, Inc for PW2010-22B North Apache Trail Phase 1 Improvements, in an amount not to exceed $336,980.00. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests council approval to enter into a contract with J. Banicki Construction, Inc for Project PW2010-22B North Apache Trail Improvements Phase 1, in an amount not to exceed $336,980.00. The total amount includes 10%for unforeseen change orders FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: ,iECOMMENDATION: Approval ATTACHMENTS: Click to download D Memo to Council if* Public Works Department K2* 4::7e zei it4i,gir.4;1 Home of the Superstition Mountains R zOtt p June 7,2012 Memorandum to: Honorable Mayor and Members of the Council Through George Hoffman,City Manager Giao Pham,Interim Director of Public Works From: Emile Schmid,P.E.,Senior Project Engineer Regarding- Award of Bid for Project PW 2010-22B North Apache Trail Improvements Phase 1 Eight bid proposals were received and opened on Wednesday,May 9,2012,out of seventeen bid packets picked up Twelve construction firms were represented at a mandatory Pre-Bid Meetmg held April 25, 2012. The base bids ranged from$247,369.00 to$409,922.00. This project includes removal of asphalt pavement,installation of new asphalt pavement,base materials, curb,gutter,adjustment of existing utilities,and other related improvements. Work is scheduled to be completed by August 9,2012 Base Bid Opening Summary Total DCS Contracting $247,369 00 J Banicki Construction,Inc $306,345.00 InterMountain West Civil Constructors $324,761.50 Engineering Opinion of Probable Cost $349,372 00 See attached page for complete listing of all eight bids. The Public Works Department recommends award to J Banicki Construction,Inc.for their bid,in the amount of S306,345.00. RECOMMENDED MOTION: I MOVE TO AWARD BID PW 2010-22B TO J.BANICKI CONSTRUCTION,INC. IN THE AMOUNT OF$306,345.00,PLUS 10%FOR UNFORESEEN CHANGE ORDERS,$30,635.00, FOR A TOTAL OF$336,980.00. 575 E Baseline Avenue,Apache Junction, AZ 85119 • Voice(480) 982-1055 • FAX(480) 983-5752 or(480)982-8005 COMPANY BID AMOUNT Cactus Asphalt $409,922.00 Combs Construction Co. $331,116 00 DCS Contracting $247,369.00 InterMountain West Civil Constructors $324,761.50 J. Banicki Construction, Inc $306,345 00 Nesbitt Contracting $360,070.25 Ricor Inc. $380,463.60 Visus Engineering $340,000 00 Engineer's Estimate $349,372.00 (0//q/...AO 16. 601/ Vr/4h21/ *//t; Exhibit L City OF APACHE JUNCTION AGREEMENT FOR NORTH APACHE TRAIL IMPROVEMENTS APACHE TRAIL TO IDAHO ROAD , PHASE 1 PROJECT PW 2010-22B THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and J Banicki Construction, Inc , an Arizona corporation ("Contractor") RECITALS A. In response to City' s Notice Inviting Bid Proposals dated April 11, 2012, and any addendums applicable thereto, Contractor submitted a proposal dated, May 9, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 . C City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below- AGREEMENT 1 PROJECT DESCRIPTION CONTRACTOR shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW2010-22B, on file with the Public Works Department, which includes the following scope of work. This federally funded Community Development Block Grant project, North Apache improvements (Phase 1) will include the following, removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb, curb and gutter, installation of traffic markings and signs, and adjustment of existing utilities All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) • 1) the construction plans entitled "City of Apache Junction public Works Department North Apache Trail Improvements, Project Number PW 2010-22B"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments, and 3) 1 Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents 2 PAYMENTS & COMPLETION The contract sum shall be the total amount payable by City to the Contractor in the amount of Three Hundred Six Thousand Three Hundred Forty-Five Dollars and No Cents ($ 306, 345) for the performance of the work under the contract documents except for changes authorized by properly executed change orders . Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees . 3 CONTRACT TIME Contractor hereby fixes the time for beginning work no later than June 25, 2012 as, with completion no later than August 9, 2012 Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M A G Specifications per day for each day the work remains unfinished This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor 4 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 work to be done 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, Subcontractor' s and their agents and employees and other persons performing any of the work under any contract document. 5 LABOR AND MATERIALS Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the work 2 whether temporary or permanent, and whether or not incorporated or to be incorporated in the work 6 INSPECTIONS AND QUALITY OF WORK• Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ("MAG" specifications and details") with City' s additions Contractor agrees that it will conduct at least one pre-construction meeting before any work commences While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed members of Contractor' s profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement Contractor understands and agrees that inspection of the work being performed hereunder will occur by City Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents, including MAG specifications and details . Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work within the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein 7 WARRANTY. Contractor shall guarantee the work against defective workmanship or materials for a period of one year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance Within one year from the date of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be 3 done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8 . TAXES* Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City 9 . PERMITS & FEES Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5 Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on any Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain any required business tax license 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' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after execution of this Agreement. 11 PROGRESS SCHEDULE • Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal . Said progress schedule shall be maintained and updated during the project 12 INDEMNIFICATION• To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. 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 4 tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph 13 SUBCONTRACTORS All Subcontractors chosen by Contractor will be subject to City' s approval All Subcontractors shall be identified by Contractor prior to award of contract Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City 14 APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including• all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15 . INSURANCE Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, 5 officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services The insurancepolicies mayprovide coverage which contain deductibles or g 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-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc Policy Form CG 00011-03 or any replacement 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 CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less 6 than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance Workers' Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services, and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit In case any work is subcontracted, Contractor will require all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor Professional Liability If deemed applicable by the City Attorney, Contractor will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor' s work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City 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 and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title At the close of the project when the work has been accepted by the City, the Contractor shall provide a Warranty Bond in the amount of ten percent (10%) of the Performance Bond. The Warranty Bond shall be held by the City during Warranty Period 16 CHANGE ORDERS: This is a Lump Sum Contract However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, issued after ' execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time A change order signed by Contractor indicates its agreement therewith. City may, without 7 • invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents . All such changes shall be effected by written order and shall be binding upon City and Contractor 17 SUCCESSORS & ASSIGNS City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice 19 CLAIMS FOR DAMAGES Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20 PERFORMANCE BOND & LABOR & MATERIAL PAYMENT BOND . City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms 21 SAFETY. Except as provided herein with respect to trench excavation and traffic regulations, 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 thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to in writing. 8 • 23 FORCE MAJEURE Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . 24 . TERMINATION- A TERMINATION BY CITY• City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect B TERMINATION BY CONTRACTOR. Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document Any other termination will be deemed a breach of contract by Contractor Contractor shall provide Notice of Termination to City by Certified U S Mail ten (10) calendar days before such termination takes effect 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 9 be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties 27 SEVERABILITY City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws . However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 28 CONFLICT OF INTEREST• The provisions of A R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 29 COMPLIANCE WITH FEDERAL AND STATE LAWS Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A R S § 23-214 (A) Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A R S § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S . § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty Any inspection will be conducted after 10 reasonable notice and at reasonable times If state law is amended, the Parties may modify this paragraph consistent with state law IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this bT ' day of . /) , 2012 J. Banicki Construction, Inc .114 <Lr ._--- ..,- . - - By. .e--= '---7- ,, „-"YZ7 9_,/,(:/ A Title r eo STATE OF ARIZONA ) ss . COUNTY OF ) he f regoing instrument was acknowl dged fare me this ,/ day of 4 2012, by / O , as Contractor in the above-referenced Agr ment Witness my hand and official seal My Commission Expires. $/ //y DEANA G BURR IS 4,i1 :' Notary Public,State ofArixona _� ,}4 Maricopa County ,.,,, my Commission Expires March 25, 2014 Notary Public 11 i • ^ ^ City OF APACHE JUNCTION an Arizona municipal corporation By• JOHN S . INSALACO Its MAYOR ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney STATE OF ARIZONA ) ss COUNTY OF PINAL The foregoing instrument was acknowledged before me this day of , 2012, by , as (Name) (Title) of the City of Apache Junction, an Arizona municipal corporation, for and on behalf of said Corporation. in the above-referenced Agreement. Witness my hand and official seal . My Commission Expires. Notary Public 12 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS. That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's Sub-Contractors in the prosecution of the work provided for in said contract, this obligation shall be void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 2012 PRINCIPAL SEAL BY. AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY 13 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars {$ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 20 PRINCIPAL SEAL BY• AGENCY OF RECORD AGENCY ADDRESS SURETY BY ATTORNEY IN FACT 14 ... CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PW2010-22B BOND NO PREMIUM NO WHEREAS, the City of Apache Junction (hereafter"City") and (hereafter"Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to at Principal's own expense and which Agreement is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators,jointly and severally The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void, otherwise, this obligation shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, suspending or revoking the bond In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 Principal. Surety By Attorney-in-Fact Address 15 City OF APACHE JUNCTION PROJECT NO PW2010-22B CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of NAME OF INSURED• ADDRESS OF INSURED Type of Policy Effect Expire Limits of Insurance Number Date Date Liability 1 Workman' s $100,000 Each Accident; Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2. Commercial $1,000,000 Each Occurrence, General $2,000,000 Products Liability /Completed Operations Aggregate, $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties Date: Countersigned by. Title. SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer Notary Public My Commission Expires. 16 *pACHE" G" C;i f o acheJunction 2 J Forme of the Superstition Mountains 4Pizos* Print TO: City Manager's Office FROM: James W. Hazel, Jr. Presiding Magistrate DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of defense attorney contracts. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The current defense attorney contracts are set to expire on June 30, 2012. Both attorneys have signed contracts for another two-year term. Judge Hazel respectfully requests the council to authorize him to execute new contracts with the two defense attorneys FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download D Memo regarding court appointed attorney contracts Ll Attorney contract L] Attorney contract APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, AZ 85119 480-982-8250 DATE: April 25, 2012 TO: Mayor and City Council FROM: James W. Hazel Jr., Presiding Magistrate RE Court Appointed Attorney Contracts The court appointed attorney contracts will expire on June 30, 2012 Both attorneys have signed new two year contracts to begin on July 1, 2012 The contracts this year have the same terms as the last contracts offered to the defense attorneys At the June 19, 2012 consent agenda I am requesting that you grant me the authority to sign the new contracts for both attorneys. In previous years we contracted with three court appointed attorneys The system using two defense attorneys has been operating efficiently since first incepted in November 2010 and I feel comfortable using two contract defense attorneys. Contract defense attorneys are necessary at the court as the U S and Arizona Constitutions require the appointment of an attorney for those indigent criminal defendants who face the possibility of jail time or probation with the potential of jail If I can be of further assistance please contact me. PROFESSIONAL SERVICES AGREEMENT WITH W I III Cull- ? aihno FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MUNICIPAL COURT AGREEMENT is made and entered into this 10 day of ' ( , 2016; by and between the CITY OF APACHE JUNCTION, ARAT- THIS '�NA, an Arizona municipal corporation ("City"), and L1/i//iatm J-, ,e rr/m1ii Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties". RECITALS A. The Presiding Magistrate of City's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to defendants on an as-needed basis B. To the extent applicable, the City of Apache Junction has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1 ATTORNEY'S DUTIES. Attorney agrees to perform the following professional services: A Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary. B Represent indigent defendants assigned to Attorney by the City Magistrate Attorney shall represent defendants from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards. Attorney shall be responsible for completing all cases that are active at the end of the Agreement. C Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to, pretrial conferences, motions, jury and non-jury trials, evidentiary hearings, sentence reviews, revocation of probation hearings, special hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropnate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in State v Watson, 134 Ariz 1, 653 P 2d 351 (1982), and in State v. Smith, 140 Ariz 355, 681 P 2d 1374 (1984); and in State v. Lee, Arizona 142 Ariz 210, 689 P 2d 153 (1984) In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Provide substitute counsel when unable for any reason to appear in Court or at events descnbed in subsection B above. Substitute counsel shall not be used routinely In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another court. Within thirty (30) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court Such consent shall not be arbitrarily or unreasonably withheld or withdrawn G Pay for interpreters for all out-of-court matters Court will provide and will pay for interpreters for non-English speaking defendants for all in- court and pretrial proceedings. H Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs (including photocopies of discoverable materials), photocopies, office supplies, 2 office overhead, reports, secretarial services, and out-of-court interpreters I Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500 00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court J Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. Attorney shall not solicit any assigned clients for future representation for a fee. K. Give precedence to court settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Anzona Rules of Criminal Procedure L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day. 2. ALLOWABLE CASELOAD: No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3 OFFICE Attorney shall have an office or make arrangements to use office that is located within a ten (10) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate Such office must receive clients in person and by telephone from 7 00 a m to 6 00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows. Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service. Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole 3 compensation for conducting such appeal Any additional cases assigned above this annual amount shall be compensated at $160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney All fees will be monitored for reasonableness and for case management Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants 5 TERM This Agreement shall be effective beginning July / 20a and shall continue through jwic 3D , 20/`1, subject to the Termination provisions set forth in Section 9 of this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this agreement 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable Attorney's practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. 8. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel If to City: James Hazel Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 If to Attorney: wr l(ram Pe_oty//rid r? f o1-3 7 S V s .J c r i 51�a a J S igar:crit A'L€.S /1- f z- g-5'2.a Li 9 TERMINATION City shall not terminate this Agreement before the expiration of the contract term unless Attorney breaches the Agreement or violates the laws of this state Either Party may terminate this Agreement by providing thirty (30) days' written notice City will continue to assign to Attorney for thirty (30) days following notice in accordance with existing standard case assignment procedures, and City will compensate Attorney with a final payment according to the current compensation schedule outlined in Section 4 above At the end of thirty (30) days following notice, City will cease assigning cases to Attorney, no further compensation will be paid, and Attorney will continue to represent remaining clients as required in this Agreement until 4 final disposition of the client's cases is achieved Attorney may request reassignment of cases to another contract attorney In such event, Attorney will refund to City the compensation Attorney previously received for such cases 10_ INDEPENDENT CONTRACTOR The relationship created under this agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor This Agreement does not create and employee/employer relationship between the Parties. It is the Parties' intention that Attorney will be an independent contractor and not the City's employee for all purposes, including but not limited to, the application of Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. 11 RECORDS Records of Attorney'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 Attorney shall maintain records for a period of at least two (2) years after termination of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 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 Attorney 12. INSURANCE Attorney shall purchase and maintain minimum professional liability insurance with companies duly licensed, in an amount satisfactory to City/Court. 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/Court, constitute a material breach of this Agreement Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City/Court City/Court 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 Attorney of any deficiencies in such policies and endorsements, and such receipt shall 5 not relieve Attorney from, or be deemed a waiver of, City's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 13 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 Attorney. 14 FORCE MAJEURE: Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Attorney in connection with the Project Attorney agrees that Attorney 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 15. INDEMNIFICATION To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its 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 6 including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement 16. WAIVER OF TERMS AND CONDITIONS The failure of City or Attorney 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 17 GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 18 MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court 19 LICENSE Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid, such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business/privilege license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business /privilege license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. 20. MISCELLANEOUS A All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases 7 C Attorney shall maintain current case logs and disposition records. D Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, sex, handicap, or national ongin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21 NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable 22 ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, 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 be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23 SEVERABILITY: City and Attorney 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 law, 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. 24. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R S. § 38-511 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above wntten 8 ATTORNEY: tt/ By: CITY OF APACHE JUNCTION, an Arizona municipal corporation: By James W. Hazel Presiding Magistrate 9 PROFESSIONAL SERVICES AGREEMENT WITH _Robert C. Standage_ FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this 2,54 ' day of , 2011, by and between the CITY OF APACHE JUNCTION, A ION , an Arizona municipal corporation ("City"), and _Robert C. Standage_, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties". RECITALS A The Presiding Magistrate of City's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to defendants on an as-needed basis B. To the extent applicable, the City of Apache Junction has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1 ATTORNEY'S DUTIES. Attorney agrees to perform the following professional services: A Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court. Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary B Represent indigent defendants assigned to Attorney by the City Magistrate Attorney shall represent defendants from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards Attorney shall be responsible for completing all cases that are active at the end of the Agreement C Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to, pretrial conferences, motions, jury and non-jury trials, evidentiary hearings, sentence reviews, revocation of probation hearings, special hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request) E Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in State v Watson, 134 Ariz 1, 653 P 2d 351 (1982), and in State v. Smith, 140 Ariz 355, 681 P.2d 1374 (1984), and in State v. Lee, Arizona 142 Ariz 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F. Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above. Substitute counsel shall not be used routinely. In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another court. Within thirty (30) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn. G. Pay for interpreters for all out-of-court matters. Court will provide and will pay for interpreters for non-English speaking defendants for all in- court and pretrial proceedings H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs (including photocopies of discoverable materials), photocopies, office supplies, 2 office overhead, reports, secretarial services, and out-of-court interpreters I. Obtain Court approval of all expert witnesses City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation. Attorney may request a review of the indigence of any defendant assigned to him/her If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. Attorney shall not solicit any assigned clients for future representation for a fee. K Give precedence to court settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure. L Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day 2 ALLOWABLE CASELOAD No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant 3 OFFICE Attorney shall have an office or make arrangements to use office that is located within a ten (10) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m to 6 00 p.m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4 COMPENSATION. In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows. Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725 00 per month, billable at the end of each month of service Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole 3 compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160.00 per case Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5 TERM This Agreement shall be effective beginning July 1, 2012 and shall continue through June 30, 2014, subject to the Termination provisions set forth in Section 9 of this Agreement. 6 CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this agreement 7. ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable Attorney's practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement 8. NOTICES. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City James Hazel Presiding Magistrate City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 If to Attorney Robert C. Standage_ _PO Box 52438 _Mesa, AZ 85208 9 TERMINATION. City shall not terminate this Agreement before the expiration of the contract term unless Attorney breaches the Agreement or violates the laws of this state. Either Party may terminate this Agreement by providing thirty (30) days' written notice. City will continue to assign to Attorney for thirty (30) days following notice in accordance with existing standard case assignment procedures, and City will compensate Attorney with a final payment according to the current compensation schedule outlined in Section 4 above At the end of thirty (30) days following notice, City will cease assigning cases to Attorney, no further compensation will be paid, and Attorney will continue to represent remaining clients as required in this Agreement until 4 final disposition of the client's cases is achieved Attorney may request reassignment of cases to another contract attorney. In such event, Attorney will refund to City the compensation Attorney previously received for such cases 10. INDEPENDENT CONTRACTOR: The relationship created under this agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. This Agreement does not create and employee/employer relationship between the Parties It is the Parties' intention that Attorney will be an independent contractor and not the City's employee for all purposes, including but not limited to, the application of Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement 11. RECORDS Records of Attorney'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. Attorney shall maintain records for a period of at least two (2) years after termination of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 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 Attorney 12. INSURANCE Attorney shall purchase and maintain minimum professional liability insurance with companies duly licensed, in an amount satisfactory to City/Court. 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/Court, constitute a material breach of this Agreement. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City/Court City/Court 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 Attorney of any deficiencies in such policies and endorsements, and such receipt shall 5 not relieve Attorney from, or be deemed a waiver of, City's right to insist on strict fulfillment of Attorney's obligations under this Agreement Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 13 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 Attorney. 14 FORCE MAJEURE. Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Attorney in connection with the Project. Attorney agrees that Attorney 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 15 INDEMNIFICATION. To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement Attorney's duty to defend, hold harmless and indemnify City, its 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 6 including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement 16 WAIVER OF TERMS AND CONDITIONS. The failure of City or Attorney 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. 17. GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18 MODIFICATION OF CONTRACT. This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court 19. LICENSE Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business/privilege license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business /privilege license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. 20. MISCELLANEOUS. A All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases 7 C. Attorney shall maintain current case logs and disposition records D. Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21 NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable 22. ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, 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 be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 23 SEVERABILITY City and Attorney 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 law, 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 24 CONFLICTS OF INTEREST. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R S. § 38-511 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written 8 ATTORNEY. By. CITY OF APACHE JUNCTION, an Arizona municipal corporation By. James W Hazel Presiding Magistrate 9 IN lik ROLL CALL VOTE NOTES: 070 j + r D icl\ (1 ITEM # MEETING OF lb' ‘INI MOTION BY SECONDED BY: YE,S NO ABSTAINED COUNCILMEMBER EVANS �// COUNCILMEMBER BARKER I VICE MAYOR DIETZ I. / COUNCILMEMBER WALDRON COUNCILMEMBER SERDY / COUNCILMEMBER WILSON V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR RESOLUTION NO. 12-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND "" MARICOPA COUNTIES, ARIZONA, ADOPTING THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFITS TRUST ("MPMEBT") TO MODIFY THE TRUST DOCUMENT TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN TRUST ("AZMT"); AND THAT THE AWARD OF BID FOR PW 2012-04, BULK FUEL, BE AWARDED TO SOUTHERN COUNTIES OIL COMPANY DOING BUSINESS AS SC FUELS, WITH THE TERM OF THE AGREEMENT ENDING JUNE 30, 2013 WITH ADDITIONAL RENEWALS AUTOMATICALLY AND CONTINUOUSLY FOR FOUR CONSECUTIVE PERIODS OF ONE YEAR, WITH A TOTAL AMOUNT NOT TO EXCEED $500,000 PER YEAR, AND THAT THE AWARD OF BID FOR PW 2012-01, TRASH AND RECYCLE MATERIAL REMOVAL FOR CITY FACILITIES, BE AWARDED TO REPUBLIC SERVICES, WITH THE TERM OF THE AGREEMENT ENDING JUNE 30, 2013 WITH ADDITIONAL RENEWALS AUTOMATICALLY AND CONTINUOUSLY FOR FOUR CONSECUTIVE PERIODS OF ONE YEAR, WITH A TOTAL AMOUNT NOT TO EXCEED $10,857 24 PER YEAR; AND THAT THE AWARD OF BID FOR PW 2010-22B,NORTH APACHE TRAIL PHASE 1 IMPROVEMENTS, BE AWARDED TO J BANICKI CONSTRUCTION IN THE AMOUNT OF $306,345.00 PLUS 10%FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF .•. $30,635.00 FOR A TOTAL AMOUNT NOT TO EXCEED $336,980 00; AND SUBJECT TO J BANICKI CONSTRUCTION OBTAINING THE REQUIRED CITY LICENSE, AND THAT AUTHORIZATION BE GIVEN FOR THE PRESIDING MAGISTRATE AND CITY ATTORNEY TO FORMALIZE PROFESSIONAL SERVICES AGREEMENTS FOR TWO- YEAR TERMS FOR ATTORNEYS OF INDIGENT DEFENDANTS WITH WILLIAM J PEARLMAN AT A BASE COMPENSATION OF $20,700 ANNUALLY AND ROBERT C. STANDAGE AT A BASE COMPENSATION OF $20,700 ANNUALLY. G Citji of Apache Juiiction U Z Home of/be Superrotion Mountains 4R�ZU�* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: ADMINISTRATION OF OATH OF OFFICE AND SEATING OF NEWLY-APPOINTED CITY COUNCIILMEMBER GAIL EVANS ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: The city clerk will administer the oath of office to the new council member. Note. This oath will be done for ceremonial purposes only. The initial oath of office was done on June 5, 2012 FISCAL IMPACT: OPTIONS/ ALTERNATIVES: ^ECOMMENDATION: ATTACHMENTS: Click to download D oath City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Penal ) ss City of Apache Junction ) I, Gail Evans, do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordmances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability,so help me God. Signature Subscribed and sworn to before me the 5th day of June,2012,and on this 19th day of June, 2012 City Clerk PpACHf✓er. _°� "�a City o acheJunction U 2 Home of the Superstition pc;:)tit1on Mountains ountains gRt2pNt` Print TO: City Manager's Office FROM: Steve Filipowicz, Economic Development Director DATE: June 19, 2012 4genda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON QUARTERLY UPDATE ON DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The Downtown Redevelopment and Implementation Strategy adopted by the city council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown. The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. This item is identified in the Fiscal Year 2011-2012 City Council Work Plan. FISCAL IMPACT: -OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Ot Ht Col of Apache junction U Houle of the .S upel:c/itioll :.11 olll ia111s Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING Pik 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES#3850 FOR JULY 4,2012 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the apphcant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. i P7ACHEvo City of Apache junctions U Homiic of the .S upct:c itloiz MDlliltcl/ns Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 LOCATED AT 2315 S. COCONINO. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo D application D applicant letter ❑ department memo D planninq recommendation D pd recommendation D fire district recommendation JUNE 7, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 19, 2012. APPLICATION FOR AN EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 An application for an extension of premises has been submitted by Mr. William Kimball of Fraternal Order of Eagles#3850 for July 4, 2012 at 2315 S Coconino, Apache Junction. Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTM iNT OF LIQUOR LICENSES & CONTROL 800 W Washington 5TH Floor 400 W Congress#521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 (520)628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPUCATION MUST BE RETURNED TO THE DEPARTMENT OF UQUOR _ r`1 0 Permanent change of area of service—Give specific purpose of change- Q Temporary change for date(s)of 1 Licensee's Name , ! t asr r first '.ti[IC 2 Mailing Address .. 1 I - T�.,�: '-. City ' t State is p 3 Business Name `,r / j., /C 1 i„lif i ,'- (. r !"' LICENSE*. /'////C":( 4 Business Address , ' 1 ,,, :L;/ •I) ; t r , 1 ,:' City COUNTY State Zip 5 Business Phone f l C' / Residence Phone (-XX( c/2,41 /(3J 5 Do you understand Anzona Liquor Laws and Regulations/ 1:4 YES Q NO FAX # 7 Have you received approved Liquor Law Training? Q NO EYES When? What security precautions will be taken to prevent liquor violations in the extended area? t / r 9 Does this extension bring your premises within 300 feet of a church or school? CI YES NO '0 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOl PROPOSE TO ADD "'After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor This change in premises is RECOMMENDED by the local Board of Supervisors City Council or Designate (Authorized Signature) (Title) (Agency) l r ! K ` - , /'t r l yi /./.et / / being first duly sworn upon oath, hereby depose,swear and declare {Print No name) under penalty of perjury that I am the APPLICANT making the foregoing application I have read this application and the carter:. and all statements are true, correct and complete ,: P �• State of ~'.:' 'c ,f County of t!i X: , .';�_ _ CC c C �wvvwvS ' „d ED IN MY PRESENCE AND SWORN TO before me this date (Signature of Owner or k • • iV aticopa L.01..rty L.cus ,, ,r- . . .r.e: g., .� aY Manih Year My commission expires on ! ,•C ;Signature rf NOfARY PUBLIC) Investigation Recommendation( l Approval Disapproval by Date Director Signature required for Disapprovals Date' eN ..—. _ - ROCK SHAL^-44-'1 PAW' 03 . . •.? C u,,c ...) /....) ,x-) ,1 --,-. •'.? ,Ar 1 _d b Pario:-.1 iv arpoititorde damp It morwit_in; i +e: i 1 Sio..i,o0(-s4. ril) 1 I t I . 1 r=+ ex) ni 71 P t,ir 1 r- i 1 i i 41. , 23 ,5" t• C.,a4..,-,:...401 De . 1 1 1 I 4....- 4 Z 4 i ....., 1.-- r,..4 1 i 5 cra 04 t. f rsi e n 1 1 1 i Ii i I i 1 4 rill f i , ...._ ......___J 1,..Lty• 2010-09-24 t3:55 Page 2/2 00.4 SACH re• e.cliireadie, 71-I it eitt2it • Horne e,! the .Supercrttron Aloaintarn.s gplz00* May 31, 2012 William Kimball Lost Dutchman Fraternal Order of Eagles #3850 P O Box 1785 Apache Junction, AZ 85117-1785 Dear Mr Kimball Please be advised that your application for an Extension of Premises for the Lost Dutchman Fraternal Order of Eagles #3850 for July 4, 2012 at 2315 S Coconino has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on June 19, 2012. at 7 00 p m in the City Council Chambers. 300 E Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application oak If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, • Kathleen Connelly City Clerk • Vo4e( ism`r82-iOU2 • I.AX i480h"82 01 4 • I DD(480)9m;-U(N ajcit} nit ;OO E Supvrsution Bonk,.:ad Apache Jui tion.a1 3•5219 MAY 31, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY. CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES #3850 Mr William Kimball has submitted an application for a temporary extension of premises for July 4, 2012 at the Lost Dutchman Fraternal Order of Eagles #3850, 2315 S Coconino. Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, June 6, in order for this item to be placed on the agenda for the City Council meeting of June 19, 2012 /'1 Janet Mason From: Rudy Esquivias Sent: Thursday,June 07, 2012 10=3 AM To. Janet Mason Subject: RE temporary extension of premises for Eagles#3850 on July 4 2012 The Planning Division has no objections to this request with the understanding that the Eagles will observe the same ens safety and containment precautions as they nave in the past Cue#c f.6? lira Senior Planner/Zon-ng Adainistrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Develuptnent Services DeparLaent office hours Mo^dray t:1 rougl- Thursday £rots % 0Oa:^ to C"Jpn, closed Fridays and Holidays ) From. Janet Mason Sent: Thursday, May 31, 2012 11 51 AM To-John Suniga(John suniga,aaJfire org); Jeff Robinson; Rudy Esquivias Subject:temporary extension of premises for Eagles 443850 on July 4, 2012 have received a temporary extension of premises application for Lost Dutchman Fraternity of Eagles tt3850 for July 4 Please have your recommendation tome no later than Wednesday,June 6, in order for this to be on the June 19 agenda Thanks :inetMason '_' p,ity C,ty Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junco+on,AZ 85119 480 474 5068 Jmasontc@alcity net Seraice Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body 1 I i Opik ti Apache Junction Police Department v ;- Interdepartmental Memo �.��vti A ONP DATE. TO. Lt Robinson/Cpt Mullender 4'01,-1 THROUGH FROM. Sgt Durkin SUBJECT. Fraternal Order OF Eagles Lodge At your request, I went to the Fraternal Order Of Eagles, 2315 S Coconino, Apache Junction, regarding a liquor license request. This is within the city limits of Apache Junction and AJPD's jurisdiction. This Lodge/building is a free standing, established business The lodge is requesting temporary liquor license extension for their 4th of July Event. ,l I contacted Mr. William Kimball at the Lodge He told me this event is a 4th Of July event and the 'extension' is for overflow and to watch the fireworks outside, He told me the exterior event will be enclosed in construction grade orange safety fencing (approx 4 foot tall) and monitored by the Lodge's officers. He assured me no alcoholic beverages will leave the licensed area. The lodge will supply exterior trash cans and the restroom facilities will be available to the attendees Their parking is ample, and this is a lodge member event I did not see any objections to this request. OM* ��District Acc VI Arizona j. Zr N. , ;;= Apache Junction Fire District kit:_ry' °o�LY ""°! 565 North Idaho Road, Apache Junction, AZ 85219 {IRE•EMS `� P 0 �EDIS��� Phone (480) 982-4440, Fax(480) 982-0183 �'fAcc„011h � ,nrrrnation JR MEMORANDUM TO Jan Mason, Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct.,AZ. 85219 FROM: John Suniga, Deputy Fire Marshal _ DATE- June 1,2012 SUBJECT: Application for Extension of Premises—2315 S.Coconino,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2315 S. Coconino, (Fraternal Order of Eagles #3850). We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You. JOS ATTN Application ROLL CALL VOTE NOTES: , V (17 ITEM # MEETING OF .i)1\1 0311 VAAAk.) MOTION BY SECONDED BY ES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY I/ COUNCILMEMBER BARKER COUNCILMEMBER WILSON 1/ VICE MAYOR DIETZ /V MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL p ITEM NO. 11 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 FOR JULY 4, 2012, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 7 LIQUOR LICENSE FOR PIZZA HUT 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PpAGHt City of Apache Junction Home of the .Super:ctltion :\•lolintaii1.c Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 19, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO , SERIES 7 LIQUOR LICENSE FOR PIZZA HUT LOCATED AT 250 S PHELPS DRIVE. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: -"ECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo C3 application part 1 Ll application part 2 L1 application part 3 • application part 4 ❑ application part 5 L? application part 6 Ll notice ❑ applicant letter ❑ department memo ❑ planning recommendation L2 pd recommendation L) fire district recommendation JUNE 7, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 19, 2012 APPLICATION FOR A LIQUOR LICENSE FOR PIZZA HUT An application for an Interim Permit, Person Transfer, Limited Liability Co , Series 7 Liquor License has been submitted by Mr Theresa Morse for Pizza Hut located at 250 S Phelps Drive in Apache Junction Correspondence has been received from the planning department, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for -- approval or denial to be forwarded to the State Department of Liquor Licenses and Control. Arizona Department of Ltquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice Effective Nov 1,1997,All Owners,Agents,Partners.Stocklrok lers,Officers,or Managers actively Involved in the day to Gay operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last free years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a. SECTION 2 Type of ownership. (_ij MORE THAN ONE LICENSE INTERIM PERMIT Complete Section 5 0 J T W R C S Complete Section 6 NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 0 INDIVIDUAL Complete Section 6 g PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 0 CORPORATION Complete Section 7 Er LOCATION TRANSFER (Bars and Liquor Stores ONLY) ke LIMITED LIABILITY CO Complete Section 7 Complete Sections 2,3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE G GOVERNMENT Complete Section 10 Complete Sections 2,3,4, 9, 13, 16(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4, 10, 13,15, 16 G OTHER (Explain) SECTION 3 Type of license and Fees LICENSE#(s).07110056 1 Type of Licensees) SERIES 7 BEER W=NE BAR • Decartm-2in,I.Jse Orly 2 Total fees attached APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant yr CNrerlAgenes Name ;its MORSE THERESA Ji ^tE oa-ne t`•fi.V ro= aron;:ceraF Last Fast 2 Corp/PartnershipiL L C HOT PIZZAS,LLC Exactly as it appears on Andes of Inc.or M cles of t7.rg.) 3 Business Name PIZZA HUT t xacfvy as it am ears s on the exterior of prermsesi 4 P-ircipal Street Location 14G S PHELPS DRIVE ",PAC HE JUNCTION PtNAL 85220 ;Do not,.se PO Box Number, tv County Z p 5 Business Phone ''{ 'i) tf5 a._ ( ( rj Daytime Contact 480 353-8835 B Is'.h.e business located within the incorporated limits of the above city of town'? EIYES ONO 7 Mailing Address P 0 BOX 4179 KINSMAN ARIZONA 86102 C ty ;rale Zip 8 Prce paid for license only bar beer and wine, or liquor store Type S Type S DEPARTMENT USE ONLY Fees I PS I O D. TO 224 Application Interim Permit Agent Change Club Finger Prints$ 1 Z TOTAL OF ALL FEES Is Arizona Slat ment of Citizenship&Alien Status For State Benefits complete'? OYES 0 NO Accepted by Date ' t OI L l ic.# 0'J i( 0 0 S lP July2010 `Disabled individuals requiring special accommodation,please call (602) 542-9027. e1.111 SECTION 5 Interim Permit - :; . _ RI .y 7 - 4 - _ if you intend to operate b'is:ness'Mlen your application is pending you wilt need an interim Permmt pursuant to A.R S 4-203 01 2 There MUST be a valid license of the same type you are applying for currently issued to the location 3 Enter the license number currently at tr.e location 071 i0056 4 is the license currently in use/®YES CI NO ;f no,how long has it been out of us?*" ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPUCATiON. coo/Grant Thompson :decaare that S ern the CURRENT OWNER AGENT CLUB MEMBER. PARTNER MEMBER STOCKHOLDER. OR LICENSEE'circle the tstie which applies)of the stated license and location 1 State of i i,. _-_ County of t. ! 7 t _ r acknowledged__._. _. -_- The foregoing instrument was acknoedged oAToce me th-s 'Signature) ?t, day of t -J 3, ,) My comni:ssian expires on :• . _ Fs. t(- Day .-Month Year, !It , ( ;� Notaiy Pic i T3 3'.,re of r kit.A RY PURL IC', tom,, -; SECTION 6 Individual or Partnership Owners EACH PERSON::STEDMUST SUSM7 A COMPLETED QUESTIOMNAIRE(FORM LICO1CSI,Alt APPUCANT'TYPE FINGEPPRINT CARO,AND$14 PROCESSING FEE FOR EACH CA=?0 a. ; ..'d.r Auj..-_'<3r'Dr _.. .,,,- :•- - 14..;i_ r-wai-0 fit ,ii,i, t,e;f> _....,._ -tv State "a s k 1 0 0I elliN 1 'ATTACH uAh,.SrFEE' r-�tC SaAP4"7 2 Is cry person other iTh.n:re above goir-y to snare in the profits/losses .,`Ire t` s iess.% ''ES NO if Yes give name o,,rrent address and to ephorre number of the persons} Use acditona s'ieets `•-ecessa"':' I ast F r->t Middle Ya i;n;T Adci eas Citi;Stare %P Tooptvve# 9 I -— I j I /ul% - /'N SECTION 7 Corporation/Limited Liability Co EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM JC01311,AN-APPLICANT"TYPE FINGERPRINT CARO,AND$24 PROCESSING FEE FOR EACH CARD i` i : Li . + iC, zi a)) 0 CORPORATION Complete questions 1,2,3,5,6, 7,and 8. L L.0 Complete 1, 2,4,5, 6, 7,and 8 1 Name of Corrporation/L.L.0 40T PIZZAS,LLC J;Exactly as:+.appears a-t A•t ss of I1oorpc:at,or or,A.ictes of rg.inixatior 2 Date Incorporated/Organized 7/26/2010 State where incorporated/Organized. ARIZONA 3 AZ Corporation Commission File No Date authorized to do business in AZ 4 AZ L L C Fle No L-?517174-9 Date authorized to do business:rt AZ 7'30/2010 eiN 5 Is Corp iL L C Non profit,Cl YES raNO 6 List all directors,officers ard members in Corporation,/L C i.3st ,r�.t M"M."' Title "ailrncg.Artress ;'y Slate Lc, Peterson Mark !add Member PO Box 4179 Kingman Arizona 36401 4 Burge Krystal Kay Member PO Box 4179 Kingman Arizona 86401 1 } (ATTACH ADDITIONAL SHEET is :EC ESS PY 7 List stockholders who are con±roiling persons or who own 1,3%or more '13.117+'+ jtaW_ :i> Peterson Mark road 50 PO Box 4179 Kingman Anzona 36401 Burge Krystal Kav 50 PO Box 4179 Kingman Arizona 86401 . -TAck?OO1Tt7r A,L`r:EET IF h E-ES:3AR', 3 1 the corporation&L L C is owned by another entity, attach a percentage of ownership chart and a dtrectorfcfcer/member OIN disclosure for the ewent entity Attach addit,onai sheets as needed;n order to disclose personal•dentities of all owners SECTION 8 Club Applicants EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UCQIOI).AN APPLICANT"TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD. 1 Name of Club Date Chartered iFxaclly as it ac ea's n Cub Charter or 6y:awat !.Ara•h a copy of C-h b Charter or ay'aws: 2 is club non profit, D YES 0 NO 3 List officer and directors Last First r.'Hit ie. Aa n, - d� ?r9drr'ss _ .. �:'se. _, ;i __ i . _ A AC"H AD T'Ot'4AL SHEET t E;:ESSATh! SECTION 9 Probate,Will Assignment or Divorce Decree of an e)cistinq Par or_14ci ipr 4toj' -License Current License's Name __ . E.,.3:th,as.appears on lirerset Last . -.t 1.14.1e 2 Assignees Name Last rirst Motile 3 License Type license Number Date of Last Renewal 4 ATTACNTOT-rISAPPLUCATIONACERTIFIED COPY OF THE'MIL PROBATE DISTThBUT1ON INSTRUMENT OR DIVORCE DECREE THAT SPECtFICALLY DISTRIBUTES THE LIQUOR LtCENSEE TO THE ASSIGNEE TO THIS APPLICATION SECTION 10 Government (for cities,towns,or counties only) 1 Governmental En::•y eliN _.. 2 Pe sonfdesignee Last First Middle Contact Pione Ni;,rnber A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. .SECTION 11 Person to Person Transfer Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY Series 06,07,and 09) 1 Current Licensee's Name KREIE SR DOUGLAS EDWARD Entity AGENT_____ i I_z iely as R apoears rwl;.Censa I Last ,=¢st r ticldte (nCw tgent.etc 1 2 CrrpC,ratlon/L L C Name PIZZA HUT Of TAYLOR,INC Exactly as d sears on licenser 3 Current Business Name PIZZA HUT �.•.},Exactly as it:ac, ears on vt,tr,sel . Physid' S'reet Looet on of Rus r cs Streei 210 5 Pt-tELPS DRIVE City Sta`ezip APACHE JuNCT+:ON AZ 85220 ,_ _ 5 _.vense Type 7 License Number 071100:6 ,f"nc:e than ere _ease to ce'(orsferec L.:.2-se Ty De ____._______._.._.....__L,ce^:se''Number Current Marling Address Street QO, BOY /goZ.O (Other than business) Cif} State Z'p bi95011 t AZ t5'S5-17 d Have all creditors,lien holders, merest holders etc been notified of this transfer? 0 YES 0 NO /, Does the applicant.ntend to operate:he business,en le.this application is pendtry•' 2 YES 0 NO if yes corn.fete Section 5 of this application attacr,fee aro current license to this application . CORY GRANT TaOMPSCN hereby authcnze toe deparlmert to process:h.s application to transfer the ,onnt ti-i name pn nlege of the license to the applicant provided that all terms and conditions or sale are met Based on the fuifll€ment of these cor_i•-ors. certify that the applicant^C'h owns or w 11 own the oroaeroy igfits of the license ei the late of issue CORY GRANT TriOMPSON dec€are that I am the CL�rRFNT OWNER AGENT MEMBFR, PARTNER full rarrrl STOCKHOLDER r LICENSEE of,ne stated i,:ense I nave read the above Section 11 and confirm that all statements are rue :orr_ an cart €ete State of el" ,. Corny of :, - I C'g----...() anE•u:C;•��:,RFe. '•. CL"1S."i The foregoing instrument was acknov tedged before rte this My commission e;Pires on - t^ / (_ ,s I.$r. ,Signature of NOTARY PUBLIC:1 Kew&Tassel ` 4 • . Gila Cam Mecca"`•-„14' My Cam EgiireS,Irtiary 19,2016 el% 011N f BILL OF SALE IN CONS11)E1'Al,t_tN Or 5 7.5lli:CO tSEVEN TI,C,.-11)SAND F1',E 1-1LNDRLD DOLLARS a 1.1 other . bte Lon,!dLraoun L•c!...1,11 of Ant.t.-1 w!-!..rt.',./.h..knowtc.d;,{....1 thc.'4-I t.t R P17..7A IIUT 01 T\'ri..OR INC 240 S 1''he'ps Dr 'tpache Junction,AT ;(5:20 #111IS H.a.t.w!c.1-111t, oarga 1 s set -ri ,,,1113 the Boy,r- hOT PIZZAS LLC And Ms her 0. thur ona1represtrnattic_•s or aisttns,to'lay:, trrl!I hold lo.4-ever ;ht.41!lowing riescrqx-tt pt rson:11 property goods or-hattes S4't c of Art-,...t.a'-cr. 87 1 wont la.a..!,,...0(171!it(F!'t FL)4THERMOTs.E., SE1 LIR Ant-rants th,at he, she, -,r they are the it 11 ;wiles'of stud good, utd hertity ccitites, under ort.h ;hat he 50:- :..r they hive good rght to rteN tr..Nam,. -as atortewn; and that the,thove de ril-e-st property is tree and dear of an clatms. hens and ether ercunttranee,, who socver, 3E1 LER agrees to sva-rant and defend same aga'Io.t the lawfal claims and tanks of art persons whornsosner BUYED agreesagrecs 3 pay rhe CAI-..tandir.ii.:.-tactic f.des .11,4e at the C toe,,f peron,l,.,..-,Incm r-rinsfer 1-4 0071;11036 t-,the Att-ona Di:oat/men;of Ltquor DATED th s J.& day of ,ii•pt% I _,2u12 SELL.E, aetces to ao..r:p $- C 'JO!SEVEN'11-01_4SAND=•1•,'L.r11_,INDF,1::D 1...)OLLA PS)or:This ._ dil.!!:-, '0.2 SELLER PIZZA Ht T!i7 --t"1-''' IV' fi k g dHc I ts S/1,111e :,t'\I CITID,:i '*3 e of.!.!-..!!!a , . ic•L'1,) of L.. i,/at. / 3y or p/1i ,_/ _':' •_1 '....! ,. .! . ' . .-d!_!--at.e.d Notary Pubil.. personA t_ oo, Iltompo „!s a.d ..!„ kre . .Ig d..,.. ,tari!,-t:.4.c.... ....' _o ...i...,.:!..!......!-_. 'La :..rseom2 n1:41r1.1,c`rit ',t .r'e suie nulls.•,e _, au c7LA- ;.• _- -- -, .4,074Tf,tiax-iitoo, Notir .4,—..../o!!,.:4 :-• ;,..7.- GO=ROY 424,1 4:2 cif_4,2 oe Le N.I;(wn-s-issANn ENp-res. DATED 4.ND -CC1-74-.77) - i /51 ,.!- /}1461, ,'c) BLI ER 11(1-4 PiZZAS 11 C ,I ; ,..._ /3 f 7_. '..- I ,-......- ....- ,` , BF—. •t-T---_-.A-./ . _ -1‘:-'n riL'''.<0," , rys:316calt rge, i ' Mails r Peterson / Men-her Vember /1 SECTION 12 Location to Location Transfer(Bars and Liquor Stores ONLY) APPLICANTS CANNOT ODERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROED-flY 1 Current Business Name (Exactly as it appears on license) Address 2 New Business Name (Physical Street Location) Address 3 License'ripe License Number 4 If more than one license to be transferred License Type License Number 5 V`vnat date do you plan to move'? vb"'at date do you^Ian to noes" SECTION 13 Questions for all in-state applicants excluding those a.olying for government,hotellmotel. and restaurant licenses (series 5, 11, and 12) A.R S S 4-207(A)and(B)state that no retailers kcense shall tse issued for any pre:rt:ses which are at the time the license appiicaatior:s received by the director within three hundred(300)horizontal feet of a ctitudt wrthm three hundred(300)horizontal feet of a pubic or private school building with .endergarten programs or grades one(1)through(12)or within three hundred(300)horizonai feet of a fenced'ecreallonal area adjacent to such school building The above paragraph DOES NOT apply to a)Restaurant icense(§4-205 02) c)Government kcense(§4-205 03) b)HoleVmotel license(§4-205 01) d)Fenced playing area of a golf course(g 4-207(Bps)) 1 Distance to nearest school 1000 ft Name of school APACHE TRAIL HIGH SCHOOL Add1ess 945 W APACHE TRL APACHE JUNCTION.AZ 85120 City State Zip 2 Distance to nearest church o50 ft Name of church LIFE GATE CHURCH -+ddress 555 W APACHE TRL#A APACHE JUNCTION AZ 85120 City State Zip 3 !am the ❑Lessee ❑ Sublessee 0 Owner 0 Purchaser(of premises) sf the premises is leased give lessors Name Address City, State Zip to Monthly rental/lease rate$ Mat is the remaining length of the lease_yrs mos dk: .;\inat is the penalty if the lease is not fulfilled-, S or other (give details-attach adationat sheet if necessary) 5 M'iat is the total business indebtedness for this licenseilocation exctudirg the lease"s ZERO Please list debtors below if applicable Mi:k:Ve AriciLi-it Owed Mash City Sta,e I:p 1 f Pl ATTACH ADOITiONAL SHEET 1-NECESS,kize- o Mat type of business will this license Co used for(be specific)? RESTAURANT INN SECTION 13 - continued 7 Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year" 0 YES NO If yes, attach explanation S Does any spirituous liquor manufacturer wholesaler or employee have any interest in your business'? 0 YES 18l NO 9 Is the premises currently licensed with a liquor license? ®YES 0 NO If yes give license number and licensee's name License#07110056 (exactly as it appears on license) Name DOUGLAS EDWARD KREIE SR. SECTION 14 Restaurant or hotel/motet license applicants ! is tnere an existing restaurant or hotel/motel liquor license at the proposed location? ❑ YES 0 NO If yes,give the name of licensee,Agent or a company name and license# wart =first Wftla 2 If the answer to Question 1 is YES you may qualify for an Interim Permit to operate while your application is pending consult A R S §4-203 01 and complete SECTION 5 of this application 3 Al,restaurant and hotellmotet apolicants must complete a Restaurant Operation Plan(Form LIC0114)provided by the Department of Liquor Licenses and Control 4 As stated in A R S § 4-205 02 G 2, a restaurant is an estaelishmer^t which derives at least 40 percent of its gross re enue from the sale of food Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises By applying for this 0 hotel/motel ❑ restaurant license I certify that I understand that I must maintain a mrmmun of 40 percent food sales cased on these definttsens and have included the Restaurant Hotel/Motel Records Reouired for Audi ioorm LIC 10131 with this app:cat on applicants signature As stated in A R S§4 205 02(8) 1 understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an ^spection when all tao!es and chairs are on sate Kitct*en equipment, and it appi cable patio bamers are in place on the .censed premises With the exception of the patio barriers these Berns are rot required to be prop sty installed for this inspection Failure to schedule an inspection will delay Issuance of the license If you are not ready for your inspection 90 days after filing your application please request an extension in writing specify why the extension ,s necessary and the new inspection date you are requesting To schedule your site inspection visit www az!iquor gov and click onlhe information"tab applicants meals SECTION 15 Diagram of Premises: (Blueprints not accepted,diagram must be on this form) Creed ALL coxes that apply to your business I EntrancesiExits A Liquor storage areas '"atio ❑ Contiguous • r_ 0 Service windcws rive-m windows ❑ Non Contiguous 2 Is your licensed premises currently closed due to constrection renovation or redesign? ❑YES ..NO If yes what is your estimated opening date? morph/day/year 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitcnen and dining areas including the locations of all ktchen equipment and dining furniture Diagram paper is provided on page 7 The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spintous liquor is to be sold served consumed dispensed possessed or stored on the premises unless it is a restaurant(see#3 above) 5 Provide the square footage or cuts:de dimensions of the licensed premises Please do not include non-icensed premises such as parking lots living quarters. etc As stated in A.R.S §4-207 01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. l applicants in els /y /\ SECTION 15 Diagram of Premisas 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show ail entrances, exits,.interiQcwalls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dative ftoor,'stiage and-game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up • If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below 1 r ,a� I--- I SECTION 16 Signature Block eiN i THERESA JUNE MORSE hereby declare that I am the OWNER/AGENT filing this pn•t:'.1 rs,...,,o'ace;,c;an'; application as stated In Section 4 Question 1 I ha d-tom+a-a ior�.aad_v nfy all statements to be true, correct and c iete �,�,' ' iCK P ,'RA,,7f6t,JESSICA STRICKLAt`it t ;I:I NOTARY PUBLIC Stae of A iJ x (6),,i/c4A / J i.; MARfCOPA cL "r u1GT Et?5f!Ot a. s,gnat,.ge:f ap:aca:, ruacn 1 ;u s;.^r , State of i tt: 17 Cy- , County ofmIi t PI;0:L. The foregoing instrument was acknowledged before me this t\1 of !t1(I�. . 1 %, Day 1 Month Year My commission expires on Z' 4 `ii lw :41 �Q�? "-.Ia. Cay Month "a, se�ratLre or\^TA 2Y i J5L,C 7 ) ) .__ Yc _... __ _ , _JY 1, f f - I ' I I ----1 ,----':-.1-; I 4 i�' j� - ." t-q %_ _.. .al -. _..--- .!. A're --4 fir _.._ r t —.SIC_'_ __ ___...1 _ 1: _ __._sax-- — —.—'- I .i i • . 11 4 t, ii _ ,:o ,1- ._...„ • • , , "Wm.wn:truiumvii ri (.9. 1 ----. 11.+1tVL 1 `"'�-.f i I ✓ �+ FlE'f 'f aarw...rt . ;Lc,. r1 62 .. tj r «i r i ryl 1 r __ i ' s--- -:;) CQ OAr'F1�NOA 0 .i .ts ?-- ti jai 'L. u��0' _. ea '�__"E.R �. -•VIv Nwor 7 ,� 1 4 1 4.4 I _ __ • ii F I i .1 , ti i • L BCR'N{ i ,r 11mod .i f y ' ti stt v $ . -- .s. .(I'-- ---r ` lib ,p I 14 (.%)i_k I --.\\ -;Kr "364" 1.- •Ilkt.00.1 _--1.1.—--..tt. _te--- g i . I ' '1 ® I ''''''' f _____J , 1 ;1 r 17. iLJ 1......... r • w+ • ' r' .� w+.aesvr 4 filwIle. 7urlc4-on ..>C"..4 t S INA+Ci-teat- 3. 7.sa PIS OPERATING AGREEMENT OF HOT PIZZAS, !.r C 17 Arizona I:n:tad liability-company, --;THIS OPERATING AGREEMENT s made and entered into effective as of the I,- _ ' d day �f I v`.�` t -- 70.10 by and among each of the Persons listed ion i.-Txhtoir.4 and executing this.agreement or a counterpart thereof, ra.s Members of r :. 7 C a a (the _ -'r�J�' i_Z,�S L L , yin .-!zone ;RmT,ac! l�-,ici!ifi� ;,otT�Na;,r Section 1 Formation; Name and Office; Purpose; Partnership Treatment 1 rtra':J Pursuant ua n s the z rtsa I 'n i.t 1 n t . .. � .� r1 .:�a a t to :n fHrf Jna Lin: �_� _lBwl ;.�/ ;.o�'D3 y Act A R S Sections 29-601 through ugh 29-857 (The `Act"). the caries have formed an Ar'Lona Hmited. ha ii'ty compaiiv affective upon 'he fil.ng of the Arric!es :. Organization of tills Company (the. Articles") with the Arizona Corporation Commission The patties have executed this Agreement to serve as the`Operating r e Company, as Inez term .s _ ":ne7 : a R S Secno-n 29-60 112 i. to any a - res` - _•n - _: forth in the Act The business and affairs he Comoa."i', :he G'a1-ies to one ariater _rsll be - - .,� wand _ol"�di � ..l^.. .. _ . _. _ . _ � _ , dons set fortn n th s Agee^lent By exec •,bers hereby consent to the admission o the Company of all r ePersons d A aro executing this Agre�n•ent -Fria cartes ad to'xecute ail aiiend+rents of the Artie;ins, and do a l fiLi"g puon!cat!on and other acts as may be appropriate from time to time hereafter `o comply wi*n the. rmquirzmient3 of flip. Act 1 2 ,'dame aid Rvg,stered Orr c Ire Company shall be 'conducted under the name of HOT PIZZAS, L L C . and the registe-ed office of be at 225 74..1 \venue rC .rrzona 86:�4C9-3644 or suc: crt- olace as the Members :nay irom trne Li; c Determine 1 3 Purpose Tne sole ouroobe for ;rhich tilts Company '; formed and the sole activity i l whin the Company is or',v l' oe engaged, ,s the conduct ct a retad rood business pursuant to one or more Franchise Agreements from Pizza Hut, Inc, The Company shall nave the power to do any and all acts and th ngs necessary. appropriate, or ,ncidental to the furtherance of such purpose 1 R Treatment a> a 'Partnership it is the intent of the Members that the Company shall always be operated in a manner consistent with its treatment as a partnersh.p for federal and state income tax purposes, but that the Company shall not be operated or treated as a partnersn!p for purposes of federal Bankruptcy Code ``o n Wei :;e'r ire r' ^ on 1 + # r e # r 31I n,� u.. i:.;, �c�. s s er ail to �r„ .� . n SECTION Il Cefintttons The following terms shall have the mean.ngs set forth in this Section li Ct",-`Weans The Arizona Limited Liability Company Act,A R S Section 29-301 through 29-857, as amended from time to fine(or any corresponding provisions of succeeding !aey,) 1p.usred 3 !.>s v'air.e" means +9,4th respect to Company , :o er:f, the Property's In,t,al Book Value with the adjustments requited under this Agreement 'Adjusted C 3p FrafAccotl it Deficit"means,with respect to any interest Holder,cl; Lr, the defrc t balance, if any, in the Interest Holder's Capital Account as of the end of the rele\art F:scal Year, after giving effect to the foilow'ng adjustments the Capital :',ccount shall be increased by the amounts which the Interest Holder a cc,igated to resTore under tints Agreement or is deemed obi!iga`ed '7 restore o'ursuant to Regulation Sections 1 704-2(g)(1) and (0(6) li e , the Interest Holder-a snare of M-rumum Gan and Member P•v tni^rill" t Gain), and III) he Cacttai Account shall _e decreased by the ...erns aescribed n Regulation Sections 1 704-1 P' 2'(ii)id)(4), (5) and (6) This definition of Adjusted Capital Account Deficit is intenced to comply with Section -1 704-11b)(2'(,i)(d)of the Treasury Regulations and shall be intercreted and applied in a manner consistent with that Regulation Capital Account"means the account maintained by the Company for ach w^ Interest Holder in accordance with the provisions of Section ill C.2 sh Few' means all cash funds derived rum ocerations or the Company (including 'nterest received on reserves), without reduction for any noncash charges but less cash funds used to pay current operating expenses and to pay or establish reasonable reserves for future expenses, debt payments. capital improvements, and replacements as determined by the Members Cash Flow shall be increased by the reduction of any reserve previously established ::Code' means the Internal Revenue Code of 1986 as amended or any corresponding provision of any succeeding law 2- L4- _lc. ,74'1 3 i_---vent or t+Vtthdrawar"means those events and circumstances listed Section 29-733 of tree Act other than subparagraphs 4 cr a Thereof 'Family"means a Person's spouse, lineal ancestors or descendants by birth or adoption, siblings, and trusts for the benefit of such Person or any of the foregoing ndtviduals. `.Fiscal 'rear" or "Anrual Period' means the fiscal year of the Company, as determined under Section V "Imtr I Book Value, means, with respect to Property cortrhbuted to the Company oy an Interest Holder, the Property's fair market value at the tune of contribution and, with respect to ail other Property,the Property's adjusted basis for federal income tax purposes at the time of acquisition e'nterest"means a Person's share of the Profits and Losses (and soecia'ly allocated items of income, gain, and deduction) of, and The right to receive distributions from, the Company :.,nter-ost Holder" means any Person who holds an Interest, whether as a Member or as an enadn'.ted assignee- cf a Member 'Majority in interest" means one or more Members who own collectively, a simple majority of the Percentage Interests held by Members "Member"means each Person signing this Agreement and any Person who subsequently is as ittec as a member of the Company'-.nail such time. as an gent of Withdrawal has occurred with respect to such Member "Membership Richts" means all of the rights of a Member in the Company inciuc:ng a Member's (i) Interest, (it) right to inspect the Company's books and records, and (iii) right to participate in the management or and ',ote on matters coming before the Company 'Percentage Interest"means, as to a Member, the percentage set forth after the Member's name on Exhibit A, as amended from time to time and, as to an Interest Holder who is not a Member,the Percentage of the Memoer whose Interest has been acquired by such interest Holder, to the extent the Interest Holder rias succeeded to that Member's interest R o _,: x' "Person" means and includes an individual, corporation, partnership, association Meted l'ab+lity company, trust, estate, or other entity "Proft' and "Loss" means, for each Fiscal Year of the Company (or other period for which Profit or Loss must be computed), the Company's taxable,rcome or loss determined in accordance with Code Section 703(a), with the following adjustments (:) 3°1 :rams of income, gain, toss, deduction, or credit required to be stated secaiately pursuant to Coca Section 703(a)(1) seal be mciuded to computing taxable income or loss ;l any tax-exempt income of tie Coompany, rot otherwise taken irto account 'n computing Profit or Loss, shad be included in computing Profit or Loss, ; !t) any exoencrtures of:re Company descr1bed in Code Section 705(a)(2)(B) (or created as such pursuant to Regulation Section 1 7O4-1(b)(2)(iv)(i)) and not otherwise taken into account n computing Profit or Loss, shall be included to computing Profit or Loss, (iv) tr he Adjusted Book Value of Compnar', Property .ors from its adjusted basis for federal income tax purposes. ten _r !_ss -:om any Taxable 'ecios tor,n or Company property tie Adjusted ed Boo< 'iai'ue of the Property disposed of rather 3 i The _adjusted basis of the property for federal income tax purposes, iv) if the Adjusted Book Value of Company Property differs from its adjusted basis'or federal income tax purposes, then in lieu of the depreciation, amortization, or cost recovery deductions allowable in computing taxable income or loss, the depreciation amortization (or other cost recovery deduction) shall be an amount that cears the same ratio to the Adjusted Book Value of such Property as depreciation, amortization (cr other cost recovery deduction) computed for federal income tax purposes for such period tears to the adjusted tax basis of such Property If the Property has a zero adjusted tax basis, the depreciation, amortization (or other cost recovery deduction)of such Property shall be determined under any reasonable method selected by the Members, and (vi)any items which are specially allocated pursuant to Section 4 3 hereof shall not be taken into account in computing Profit or Loss 'Property' means all real and personal property (including cash) acquired by the Company, and any improvements thereto i. "Transfer" means, when used as a noun, any voluntary or involuntary sale, hypothecation, pledge, assignment, attachment,or other transfer, of any interest in the limited :lability company which is restncted by the terms of ore or rr.ore Franchise Agreements with Pizza Hut, Inc Treasury Regulations"or "Regulations"means the income tax regulations, including any temporary regulations, promulgated under the Code as such -egulat!ons may be amended from eme`p rime(including corresponding prov,sions of succeeding regulations) Section III Capital Contributions 3 1 Capital Accounts A Capital Account shall be maintained for each interest Holder;n accordance with the following provisions* 3 1 1. An Interest Holder's Capital Account shall be credited well the amount of money oontrbured by the interest Holder to the Company,the fair market value of the Property contribute-4 by the Interest Holder to the Company (net of Iraoilities secured by such contributed Property that the Company is considered to assume or take subject to under Section 752 of the Code), the Interest Holder's allocable share of Profit and 'teals o i; Come and gain and the amount of Company lab l ties that are assumed by the Interest Holder under Regulation Section 1 ;04-1 i b)(2)(iv)(c)- 3 1 2. An Interest Holder's Capital Account shall be debited with the amount of money distributed to the interest Holder the fair market value of any Company cioperty distributed to the interest Holder inet of liabilities secured by such distributed Property that the Interest Holder is considered to assume or-aka suo ect to under Section 752 of the Code) the Interest Holder's allocable share of Loss and items of deduction, and the amount of the interest Holder's liabilities tnat are assumed by the Company under Regulation Section 1 704-1(b)(2)0v)(c) 3 1 3 If Company Property is distributed to an Interest Holder,the Capital Accounts of all interest Holders shall be adjusted as if the distributed Property had been sold in a taxable disposition for the gross fair market value of such Property on the date of distrbut,on (taking into account Section 7701 of the Code) and the Profit or Loss from such disposition allocated to the Interest Holders as provided in Section iV 3 1 4 if money or other Property(other than a de minims amount) is (i) contnbuted to the Company by a new or existing Interest Holder in exchange for an i 2 , 3 _ ,_:'._, ' LL , .nterest.n the Company,or(ii)drstrbuted by the Company to a retiring or continuing Interest Holder as consideration for an interest in the Company, then, if the Members deem such an adjustment to be necessary to reflect the economic interests of the Interest Holders, the Book Value of the Company's Property snail be adjusted to equal its gross fair market value on such date (taking into account Section 7701(g) of the Code) and the Capital Accounts of al Interest Holders shall be adjusted in the same manner as if all the Company Property had been sold in a taxable disposrt=on for such amount on such date and the Profit or Loss allocated to the Interest Holders as provided in Section iV 3 1 5 To the extent an adjustment to the tax basis of any Company asset Pursuant to Coce Section 6'34i.bj or Code Section 743(b) is required, pursuant to Regulation Section 1 704-1(b)(2)(iv)(m), to be taken into account in determining Capital Accounts, the Book Value of the Company's Property and the Caoital Account of the interest Holders shall be adjusted in a manner consistent wih ti-a manner rn which the Capital Accounts are required to be adjusted pursuant to that Section of the Regulations If any Interest is transferred pursuant to the terms of this i gr emem the transferee shall succeed to the Capital account of the transferor to the extent the Capital account is attributable to the transferred Interest It is intended that the Car.,„-,al Accounts of all `n`er est Holders shall be maintained ,n comps ance NIth the orov,sions of Regulation Sector 1 704-1(b), and all provisions of this Agreement relating to the maintenance of Capital Accounts or the Adjusted Book Value of Company Property shall be interpreted and applied in 3 manner consistent with that Section Of the Regulators 3 2 Capital Contnbu'ions 3 2 1 Initial Cajole'Contributions Upon the execution or this Agreement, ent, the Members shall make cortribut•onsto the capital of tne Company as set forth n Exhibit A attached hereto and by this reference made a part hereof 3 2 2 Addit?oral Capital Contriblitiivns No Member steal+ be required to contribute any additional capital to the Company, and no Member shall have any personal +.abil,ty for any obligation of the Conioany 3 3 1,1 thdrawal or ,Return of Capital Contributions Except as speciricaily provided in this Agreement. no Interest Holder shall have the right to withdraw or reduce the Capital Contributions he or she makes to the Company Upon dissolution of the Company or liquidation of his or her interest in the Company, each Interest Holder shall look solely to the assets of the Company for return of his or her Capital t ,. Contributions and, if me Company's property remaining a`ter the payment or discharge of the debts, obligations, and liabilities of the Con'oany is :nsuff:dent to return the Capital contributions of each interest Holder, no Interest Holder shall have any recourse against the Company or any Interest Holder. 3 4 Fe:m of Return of Capital Under circumstances requinng a return of any Capital Contributions, no Interest Holder shall have the right to receive property other than cash except as may be specifically provided herein :-terest Except as otherwise expressly provided in Section V of this Holder shag receive any interest, salary, or dravving v,tn rest ee:: -._ _r = =:jal Cc:-_c.. ,lions or his or her Capital Account, or far services -Iha 3 p ;7; _: Loans if Members o vin:ng a Majority'in interest determine that the Company requires additional capital to carry out the purposes of the Company the Members shad nave mne right, but not the obligation, to make loans -o the Company is'Member Loan") Such Member Loans shall oe made by the Members calling to make such Member Loans pm rata based on their Percentage it rests unless tie Members <<tiiii+rg `o make such Member Loans agree otherwise 3 7 Teres of Men:bet 1 o ans '`!'Mem pet Loans made cur St.:r.t to.Sec°iori'J ' shad pear interest at tie prime rare of merest charged by J P Mcrgan Cnase Bari% i,or its successor)or at a rate agreed to by ad of the Members at the date of the loan o!us one !1"et percentage port shall be unsecured, and shall be repaid ,n full out of available funds of the Company before any distribut;on may be made to any Member wider Section iV If more than one Member nas made a Member Loan, repayment srail be made to each Member in proportion to the amount of principal each has advanced Section IV Allocations and Distributions OIN 4 1 Ar/o ations Except as provided in Section 4 2, Profits and Losses Tail oe allocated for any Fiscal Year in accordance with the Interest Holders'Percen age Interests 4 2 Loss Lmtat;ons 4 2 1 Adjusted Capital Account Deficit No Losses shall be allocated to any Interest Holder pursuant to Section 4 1 if the allocation causes the Interest Holder to have an Adjusted Capital Account Deficit or increases the Interest Holder's -7- Capital Account iDeficit Ail Losses in excess of the limitations set forth in this Subsection shall be allocated to the other Interest Holders in accordance with the other Interest Holders' Percentage Interests until ail interest Holders are subject to the limitation of this Subsection, and thereafter, in accordance with the Interest Holders'interest in the Company as determined by the Members If any Losses are allocated to an Interest Holder because of this Subsection then notwithstanding any eIN other provision of this Agreement, all subsequent Profits shall be allocated to the Interest Holders pro ;ate based on Losses allocated to them pursuant to this Subsection until each interest Holder has been allocated an amount of Profits pursuant to this Subsection ecual to the Losses previously allocated to that Interest Holder under this Suosection 12 2 Cash Method L.m.tattron If the Company is on the cash method of aocounting and more than 35°/0 of the Company's Losses in any year would ce cilocable to Interest Holders who are irfited entrepreneurs (within the mean:rig of 3 464(e)(2) of the Code), then except as otherwise provided in Section 4 2 1, the Losses in excess of 35'0 otherwise aliocable to those Interest Holders shall be spec=ally allocated among the other Interest Holders in the ratio that each shares in Losses If ary Losses are allocated to an interest Holder under this Subsection, then notwithstanding any other prc‘ision of this Agreement, ail subsequent Profits shall be allocated to the interest Holders pro r,ta based on Losses allocated to them cursuanv to this Subsection n;l each Interest Holder has been allocated an amount of Profits p irsuant to this Subsection n the current and previous Fiscal Years equal to The Losses allocated to tnat interest Holder pursuant to this Subsection n previous Fiscal Years 4 2 3 Qualified Income Offset If an Interest Holder unexpectedly receives an adjustment allocation or d1str'bution described in Regulation Section 1 i 04- 1(b)(2)(s)(d)(4), (5). or (6), then to the extent required under Regulations Section 1 704-1 (b)(2`(d), such Interest Holder shall be allocated items of income :and gain or the Company(consisting of a pro rata portion of each item of Company income including gross income and gain for that Fiscal Year) before any other allocation is made of Company items for that Fiscal Year, in the amount and in proportions required to eliminate the Interest Holder's Adjusted Capital Account Deficit as quickly as possible This Subsection is intended to comply with, and shall be interpreted consistently tivith, the 'qualified income offset" provisions of the Regulations promulgated under Code Section 704(b) 4 3 Section 704(c) Allocations 4 3 1 Contnbuted Property In accordance with Code Section 704(c) and the Regulations thereunder, as well as Regulation Section 1.704-1(b)(2)(iv)(d)(3), -a- -• income 1os and respectany n o to , gain, .��8, .. d deduction with o property contributed (or � p y deemed contrbuted) to the Company shall, solely for tax purposes, be ariccated among the Interest Holders so as to take account of any variation between the adjusted basis of the property to the Company for federal income tax purposes and its fair market value at the date of contribution (or deemed contribution) 4 . Distributions. Except as otherwise provided in this Agreement, dfstributrcns shall be made to the Interest Holders at such times and in such /1 amounts as determined by all of the Members Distributions shall be made to the interest Holders pro n a ,n proportion to their Percentage interests The other provisions of this Section notwithstanding, ail Cash Flow for each Fiscal Year of the Company shalt E e distributed -o the interest Holders no later than severty-five (75) days after the end of such F scal Year. 4 5 General 4 5 ! Fot-m of'r rst'ribttron. In connection with arty distribution, no Interest Holder shall have the rent to receive Property other than cash except as may be .specifically provided herein If any assets of the Company are distnbuted in kind to the interest Holders, those assets shall be valued on the basis of tneir fair market 'raiue, ano any Interest Holder entitled to any interest in those assets shall receive that interest as a tenant-in-cormron with all other interest Holders so entitled Unless the Interest Holders otherwise agree, tee fax market value of the assets shad b? determined by an independent apora,ser who shall be selected by the Members 4 5 2 Wirhholdng Ali amounts required to be withheld pursuant to Code Section 144E or any other provision of federal, state or local tax law shall be treated as amounts actually distributed to the affected Interest Holders for all purposes under this Agreement 4 5.3 Varying Interests, Drstrrhufrons and Allocations in Respect to eiN Transferred Interests Profits, losses, and other items shall be calculated on a monthly, daily, or other basis permitted under Code Section 706 and the Regulations if any Interest is sold, assigned, or transferred during any accounting period in compliance with the provisions of this Agreement, profits, losses, each item thereof, and all other items attributable to such interest for such period shall be divided and allocated between the transferor and the transferee by taking into account their varying interests during the period in accordance with Code Section 706(d), using any conventions permitted by law and selected by the Members Ali distributions on or before the date of such transfer shall be made to the transferor, and all distributions thereafter shall be made to the transferee Solely for purposes -9- of rnak'ng such allocations and i istrbutions, -he Company shall recognize sum transfer not later than the end of the calendar month durng which it is given notice of such transfer, provided that if the Comoany does not receive a notice statrg :he date such interest was transferred and such other information as it may reasonab`y require within thirty (30) days after the end of the Fiscal Year during which the transfe+ occurs, then all of such items shall be allocated, and all distributions shall be made, to the person who, according to the books and records of the Company, OIN on the last day of the Fiscal Year during which the transfer occurs, was the owner of the interest Neither the Company nor any interest Heider shall incur any l;eb'lity for making ailocatons and distributions an accordance with the provisions of this Section, whether or not any interest Holder or the Company has knowledge of anv transfer of ownership of any in'erest 4 5 4 Know/edge Tee Interest Holders acknowledge that they understard. the economic and income tax consequences of the allocations and distributions under this Agreement and agree fo be bound by the provisions of tills Section IV in reporting their taxab'e income and loss'tom the Comoany Section V Management `5 1 l'aiiagerne nt 5 1 1 Member-managed The tv1en gibers agree that the management o=tr ne Company shall be vested in tne Menr;bers The Members shall devote such time and effort as is necessary for the management of the Company in the conduct of its business but shall not be required to devote their full-time efforts to the Company Each Member at all times shall keep the other Members fully informed as ro all such Members act,vit,es on behalf of the Company and all material transactions taken on behalf of the Company and shall disclose to the Members such Memlher's knowledge of the Company's business and affairs OIN 5 1 2 KRYSTAL It SURGE shall be the Administrative Member The Members may from time to time appoint or remove an administrative member (the "Adm nisti ative Member") to carry on the day-to-day affairs of the Company The Administrative lvlember's authority shall be ministerial only, and the Administrative Member shall not make any decisions on behalf of the Company out of the ord'nary course of its business 5 2 Member Authority Except with respect to duties delegated to a Member in writing signed by all Members, no single Member is authorized or empowered to execute, deliver, or perform any agreements, acts, transactions, or matters -10- contemplated n this Agreement on oehalf of the Company as agent for the Company, notwithstanding any app:icable law, rule, or regulation Except as otherwise orovided :n This Agreement, all Company actions must be approved and executed by all of the Members 5 3 Fiduciary Duties Notwithstanding anything in this Agreement `o the contrary, each Member acknowledges and agrees that each Member T3" ;e accountable to the Company and the other Members as a fiduciary, and seFe, �e pound by a fiduciary duty to the Company and the other Members, to the same extent that acpiicable law generally ;nooses such status and d: ty epcn a general partner .n a partnership 3 4 . ctions Reyuirtg Linan,mous ofConsent r e Members In addition to , those actions for which this Agreement soactfca:ly requires the consent of all Members the. Company shall rot take any of The following actions VvithoLt first obtair'ng the approval cf ail of to Members 5 4 1 Amend the Articles, except that any amendments required under the Act to correct an inaccuracy in the Articles may be filed at any time bi any Member, :'ill the prior written consent of Pizza Hut, !no , 5 4 ? Se'i Cr othe .vise dispose of ail or suostantiee y al cite assets cr tne Company 1I1 a singe transaction or a seres of Ie=eted Iransactions, 5 4 3 Authorize the Company to make an assignment for the benotit of creditors of the Company, file a voluntary petition in bankruptcy or consent to the appointment of a receiver for the Company or its assets, 5 4 4 Approve a plan of merger or consolidation of the Company with or •nto ore or more business entities, Cr 5 4 5 Enter into any contractor agreement between the Company and any Interest Holder or Affiliate of any Interest Holder 5 Compensation and i=xpenses Me Company may enter nto management or employment contracts, under such terms and conditions and providing for such compersat on as shall be approved by the Members as provided herein with one or more Interest Holders or Persons Affiliated with the interest Holders 5 6 Books and Records At the expense of the Company, the Members shall keep or cause to be kept complete and accurate books and records of the Company and supporting documentation of transactions with respect to the conduct of the Company's busiress The boors ana records shall be maintained in ac_cr dance with sound accounting practices and kept at the Company's 'e ' _ _.__ _ _ such other location or locations as the Members shall from time to time determir1e. At a minimum the Company shall keep at its registered office the following records 5 6 1 A current list of the full name and last known business, residence, or mailing address of each Member, 5 6 2 A copy of the initial -articles aria ail amendments tneret✓ and restatements thereof, 8 3 Copies of the Company's federal,state,and local'rccma tax ret_irns and repots, if any, for the thiee most recent fiscal years 5 6.4 Comes of this Agreement and all amendments here o cr restatements hereof, including any prior operating :agreements . :organ n : act '.J 5 o 5 Cupids of any documents relating to a Member's ooligatien ccntriou`r cash, properry or services to the Ccmoany, 5 6 3 Copies of any financial statements of the Company for the Three MOST recent fiscai years and 5 a 7 Copies of minutes of all meetings of the ri':ber3 and ail written consents obtained from Members for actions takers by Men-:_ s e ithcut a meet r'Q 5 7 -iccoss to Books and Recores Each Member shall have the right, during normal business ncurs, to inspect and copy at the Member's expense, the Company's books and records 5 8 Returns and Other Elections The Members shall cause the oreparat:on ^ and timely 7i1,ng of ail ta< returns required to be filed oy the Company pursuant to 'he Code and all other tax returns deemed necessary and required in each ;unsd'cticn n which the Company does ousTness 5 9 Anoua/Accoe,ntrng Period.The annual accounting period of the Cot-roan/ shall be its Fiscal Year The Company's Fiscal Year shall be selected by the Members, subject to the requirements and limitations of the Code 5 10 Reports Within ninety(90)days after the end of each Fiscal Year of the Company, the I'lembei s shall cause to be sent to each Person who was a Member at any time during the Fiscal Year then ended a complete accounting of the affairs 12 12 tt- i r, 1 i • LSD-. "1 of the Company for the Fiscal Year than ended In addition, within ninety (90) days after the end of each Fiscal Year of the Company, the Members shall cause to be sent to each Person who was an Interest Holder at any time during the Fiscal Year then ended, that tax information concerning the Company which is necessary for preparing the Interest Holder's income tax returns for that year t the request of any Member, and at the Member's expense the Members shall cause an audit of the Company's books and records to be prepared by independent accountarts for the period requested by the Member 5 11 Tex Matters Parrter KRYSTAL K SURGE shall be the Company's fax matters partner (`Tax Matters Partner") unless the Members designate another Gerson to serve in this capacity The Fax Matters Partner shall have all powers and r esponsitelities provided in Code Section 5221. et seq 5 12 T,r e ,o Company Property 5 12 1 Except as prov ded in Section 5 12 2,all real and personal property acquired by tne Company shall be acquired and n:. ld by the Company in its name 5 12 2 The e Members may direct that legal 1t e `.o a I or any portion cf the Company's property be acquired or held in a name other than the Company's name Wtho< ta tr t e4 e n eMa e •rr t�•c,�i�.ir�i�„ 9 �r'.. irr,.gvir•, 'h . :�,..m i 5 may cause t't 3 to be acquired and he'd tee name or 'e tee names cf trustees ncrr neee, or st-a;v carties fo: The Cornoary It is expressly understood and agreed that the manner of holdieg te'e to the Company s property (oi any part thereof) is solely foi the convenience of `he Company and all of that properly snail be treated as Company property Section VI Members 6 1 '14eetings Unless othervise nrescr:bed by the Act meetings of the Members may ae called, for any purpose of purooses, by a Majority in Interest of the Members 6 2 Place of Meetings Whoever calls the meeting may designate any piaco, either within ci outside tne State of Arizona as the place of meeting for any meeting of the Members 6 3 Notice of Meetings Except as provided in this Agreement, written notice stating the date, time, and place of the meeting, and the purpose or purposes for which the meeting is called, shall be delivered not less than three (3) nor more than fifty(50)days before the date of the meeting, either personally or by mail, facs'mile, -13- - /1i /1 or overnight or next-day delivery services by or at the eirection of the person or persons caning tree meeting, to each Member entitled to vote at such meeting If mailed, such once shall be deemed to be delivered two (_•) days arter deposited ;n the United States mail, postage prepaid, addressed to tne. Member at his or her address as 't appears on the books of the Company if transmitted by way of facsimile, such notice shall be deemed to be delivered on the date of such facsimile transmission to the fax number, if any, for the respective Member which has been supplied by such Member to the Company and identified as such Member's facsimile number if transmitted by overnight or next-day delivery, such notice shall ,e deemed to be delivered on the next business day after deposit with the delivery service addressed to the Member at his or her address as it aopears on the books of the Company When a meeting is adjourned to another time Jr p lace, notice reed not be given of the adjourned meeting if the time and place thereof are announced at the meeting at which the adjournment is taken, unless :be ad;ourr•ment ,s for more than thirty(30)days .at the ad;dinned meetng the Company may transact any ousiness which n^sgrt have been transacted at the orhg ral rye,:ieng 6 4 'Veering of All Members If ail of the Members shall meet at any time and place, including by conference telephone call, either within or outside of the State �f Artz0n3 and consent to the holding of a meeting at such -Tie .srd place sucn meeting shall be valid without cal or notice Date. _ Members '3 .. .. e d...J:3t_.. For the purpose of det:.rn '11, g ..n•i-1co to eotice, c=or to vote at any meeting of Members or any adjournment thereof, the date on wrech rot.ce -0f the meeting ,s mailed shall ce the record date for such determination of Members When a determination of Members entitled to vote at any meeting of Members has been made as provided in this Section, such determination she!apply to any adjournmert thereof, unless notice of the adjouined meet'rzg is requirecf to be given pursuant to Section 6 3 6 6 Quorum A Majority.n interest of the Members, represented in cerise ici by proxy, shall constitute a quorum at any meeting of Members Business may be conducted once a quorum is present 6 7 Voting Rights of Members Each Member shall oe entitled to vote based on his Percentage Interest No withdrawn Member sha!l be entitled to vote nor_nail such Members Interest be considered outstanding for any purpose pertaining to meetings or voting 6 8 Manner of Acting Unless otherwise provided in the Act, the Articles of Organization, or this Agreement, the affirmative vote of a Majority in interest of the _T4_ '12 li t ; i-?Y, L:-, r{,i 9}!. Members at a Meeting at .h'ch a quorum is present shall oe the act of The Members 6 9 Proxies At all meetings of Members a Member may vote in person ci by proxy executed in writing by the Member or by a duly authorized attorney-rn-fact Such proxy shall be filed with the Company before or at tne time of its exercise No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy. 6 10 Action by Members without a Meeting Any action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action s evidenced by one or more written consents describng the action taken, Circulated to ail the Members with an explanation of the background and reasons for prop Dsed action, signed by that percentage or number of the Members requred to take or approve tne action Any such written consents shall be delivered to the Company for inclusion in the minuies or"or'i'ing with tee Ccm 2n1 records Action taken by Britten ccrsent under this Section shall be ete eeeon the date the required percentage or number of the Members have sigi s.d and delivered the consent to 'he Company, unless the consent specified = -ant :f e .t;vie date The record date for determining Members entted to take = .- _17 without a meeting shall be the dare the written consent 7s circulated to the Me.,,..ers +? 11 r e/e p'' ruc 'O r,mt.n,cattot, Members may parfrc'pate in and hold a mee-t.rq b;r neans of conference telephone or similar communications equipr^snt by means of wnich all persons paiticipating in the meeting can hear each other, and aarticpation in such meeting shall constitute attendance and presence in person, except where the Member participates in the meeting for tne express purpose of objecting to the transaction of any business on the ground the meeting 's not lawfully called or convened 6 12 iiL'aiiver of Notice When any notice is required to be given to any Member a waiver thereof in writing signed by the Person entitlea to such notice, whether before, at, or after the time stated therein, shall be equivalent to the giving of such notice Section VII Transfers and Withdrawals 7 1 Transfers Except as otherwise provided in this Section VII, no Member may Transfer all, or any portion of, or any interest or rights in. the Membership Rights owned by the Member and no Interest Holder may Transfer all, or any portion of, or any interest or rights in, any Interest without the prior unanimous -15- written consert of the Members vvhrch consent may be withneld in the Members' sole and absolute discretion, and the prior written consent of Pizza Hut, Inc Each Member hereby acknowledges the reasonableness of this prohibition in view of the purposes of the Company and the relationship of the Members The Transfer of any Membership Rights or interests in violation of the prohibition contained in this Section 7 1 shall be deemed invalid, null, and void, and of no force or effect Any 011SPerson to whom Membership Rights or an Interest are attempted to be transferred rn violation of this Section 7 1 shall not be entitled to vote on matters coming before the Members, participate. in the management of the Company, act as an agent of the Company, receive allocations or distributions from the Company, or have any other rights in or with respect to the Membership Rights or Irterest 7 2 'v'Utfhdrawe! Except as othertivrse provided in this Agreement no Member shall have the right or power-o Withdraw from the Company. Any such withdrawal shall constitute a material bre_acn of tnrs Agreement and the Company shall nave the neht to recover damages from the withdrawn member and to offset the damages agarrst sry amounts otherwise distr buteble to such Member under this Agreement 7 3 Gpt'cr,on Death c.rB:11nKn oltcy On the death, bar kruptcy,or similar e sit described in Section 29-733(4) or t5) of the Act (.nether Uclurtar,r or involun'arv) or a Member or interest Holder the Member or Interest st Holder or such Person's estate) shad offer, or snail autcnmat:c.aily be ceemed to have offered to sell tre Mlember's or interest Holder's Interest to the Company or its nominee Upon the approval of a Majority-in-interest of the Members other than the offering Mernoer, the Company or ris nominee shall have the right and option, within seventy five,75) days after the Member's actual knowledge of the death, bankruptcy, or similar event, to acquire the Interest for the purchase price and on the terms set Torn in Exhinrt 8 attached hereto and made a part hereof if the interest is not purchased by the Company or its nominee the Interest shall be transferred to the assignee of the interest but shall remain ru,ly subject to and bound by the terms of this OIN Agreement 7 4 No Transfor of Membership Rights Tne, Transfer of an Interest shall not result in the Transfer of any of the Transferring Memiyer's other Membership Rights, if any, and unless the transferee is admitted as a Member pursuant to Section ViI or this Agreement, the transferee shall only be entitled to receive, to the extent transferred, the share of distributions, including distributions representing the return of contributions, and the allocation of Profits and Losses ;and other items of income, gain, or deduction), to which the Transferring Member would have otherwise been entitled with respect to the Transferring Member's Interest the -15- transferee snail have no right to participate in the management of the business and affairs of the Company or to become or to exercise any rights of a Member 7 5 ubst'tLite Members Notwithstanding any provision of this Agreement to the contrarj, an assignee of a Member may only oc admitted as a substitute Member uocn the written consent of a Majority in Interest of the non-transferring Members, which consent may be withheld in the Members' sole and absolute discretion, and with the prior written consenj of Pizza Hut, inc. euN 7 6 A1v0one! Members The Comoany shall not issue additional Inte-ests after the date of formation of the Company without the written consent or;oc evai of a Major.ty n interest of the Members, ;mien consent may cc withheld in the Members' sole and absolute discretion, and with the criorwiitten consent to Pizza Hut, Inc: Expenses Expenses of the Company or of any Interest Hader occasioned by transfers of Interests shall be reimbursed to ttie Company or Interest Holder as the case may be, by the transferee 7 3 Dis tut:ons on `v1/7thdrawa! Upon the occurrence of an Event of Withdrawal w to respect to a Member, the aihdrawn Member shall not ne entitled 'o receive a 't;ithdrawal distribution but 'the withdrawn Member (or the withdraein '.lember's eersonai representatives successors and ass.gns) shall be entitled to feceive the share of distribut,ons, =nclud'ng distributions representing a return rt Capital Contnbut:ons and the allocation of Profits and Losses to whicn tie withdrawn Member otherwise ,vouid have been entitled if the Even` of Withdrawal had not occurred. curing the continuation of the business of the Company and durirg and on comp•etion of winding up if the Event of Withdrawal •eolated the Agreement. the distributions paid to the withdrawn Member shall be offset by any damages suffered by the Company or its Members as a result of the Event of Withdrawal 7 9 Restrictions on Transfer. Notwithstanding the provisions of this Section VII the issuance and transfer of any, interest in the Company is restricted by the. terms of one or more Franchise Agreements with Pizza Hut inc Section VIII Dissolution and Termination 31 Dissolution. -i7_ s t:4i', i lc 9 t3'% ^J: 3 1 1 Events of Dissolve on Tne Company well be dissolved upon the occurrence of any of the following events 3 1 1 1 Upon the written consent of all of the Members, 8 1 1 2 Upon the entry of a decree of dissolution under Section 29-785 of the Ac-t or an administrative dissolution under Section 29-786 of the act; 8 1 1 3 Upon the sale or other disposition of all or substantially all of the Company's assets and receipt by the Company of the proceeds therefrom 8.1.1 4 Upon the occurrence of an Event of Withdrawal of the last remain'n g memoer unless within 90 days all assignees of Interests in the Company consent in writing to admit at least one member pursuant to A R S Section 29 31(5)0) to continue. the buseness of the company 8 1 2 Cont!nL ation An Event of Withdrawal with respect to a Member shall not cause a dissolution, and the company shall automatically continue following such an Event of Withdrawal 8 - D,.stributions and Other Malters The Company shall rot term,na`e until its affa rs !lave bean wound t p and is assets distr;buted as provided he-ein Promptly upon tne dissolution of the Company. the Members shall cause to be executed and filed a Notice of Winding Up with the Arizona Corpora ion Commission in accordance with Section 29-781 of the Act, and will liquidate the assets ofthe Company the of and apply and distribute proceeds ; Psuch liquidation i.�r Y p# Yat i 4 or distribute the Company's assets in kind, as follows and in the following order 8 2 1 Ordinary Debts To payment of the debts and liabilities of the Company, including debts owed to interest Holders, in the order of tY riot i #�rovidri: P by law, provided that the Company shall first pay to the extent permitted by law, liabilities with respect to which any Interest Holder is or may be personally Itabie, 3 2 2 Reserves and Distnbutions To the setting up of such reserves as the Members may deem reasonably necessary for any contingent or unforeseen l abilities or obligations of the Company arising out of or in connection with the Company business and 8 2 3 Rernaindee The balance of the proceeds shall be distributed to the Interest Holders in accordance with the positive balance in their Capital Accounts, determined as though all of the Company assets were sold foi cash at -18- ,rcome or profits derived therefrom provided that the transaction or Agreement is approved as provided in Section V Section X Indemnity 10.1. Indemnity Rights The Company snail indemnify each Member or Interest Holder Aho was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, 'A-nether civil, cnn�rnal, administratNe,, or investigative, by reason of his or her actrcns as a Member or Interest Holder or by reason of his or her acts while serving at the request of the Company as a director, officer, emp:oyee, or agent of another corporation, partnership, joint venture,trust, or other enterprise, against expenses, including attorneys fees, and against judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding, pi ovided that the acts of such Member or Interest Holder were not committed with gross negligence or willful misconduct, and, veth respect to any criminal action or proceeding, such Member or Interest Holder had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction, or Noon a plea of no contest or its equivalent, shall not, ,n acid of itself, create a presumptcn that the Member or interest Holder acted with gross negligence or willful r-:iscorduot o- with respect to any criminal action or proceeding had reasonable cause to believe that his or ner conduct was unlawful 10 2. Wct:ce and Defense Any Member or Interest Hoider who is or may be entitled to inaen nification shall give timely written notice to the Company, the Member a and interest Holders that a claim has been or is about to be made against him or her, shall permit the Company to defend him or her through legal counsel of its own choosing, and shall cooperate with the Company in defending against the claim A i+Majority-in-interest of the Members other than the Member or interest Holder seeking indemnification shall have the sole Dower and authority to determine the terms and conditions of any settlement of the claim 10 3 Other Sources The indemnification provided for herein shall apply only in the event and to the extent that, the person is not entitled to indemnification or other payment, from any other source (including insurance), and the Company's indemnity obligations hereunder shall be in excess of any indemnification or other payment provided by such other source -20- r"e r far market value as of the date of G'istrt}utiOn .Any such distnbutions shall be made in accordance with the tit- rg requirements of Treasury Regulation Section 1 704-1 i b,(2)(1)(o)(2) 8 3 Deficit Capital Accounts Notwithstanding anything to the contrary in this Agreement ,f any Interest Holder's Capital Account has a deficit balance(taking into account all contributions, distributions, and allocations for the year in which a riciuidation occurs), 'he interest Holder shall not be obligated to make any contribution to the capital of the Company and the negative oalance of such interest Holder's Capital Account shall not be considered a debt owed oy the Interest Holder to the Company or to any other person for any purpose whatsoever 8.4 Rights of Interest .'- -::'Isrs-Distrihr.rtions of Property Except as otherwise prrAided in this Agreere ":. ,o h Interest Holder shall look solely to the assets of e Company farthe , _ or her Capital Contribution and shall have no right or oower to demand :i',v l;ro erty other than cash from the Company No Interest Holder snail have oncrity over any other interest Holder for the return of his or her Capital Cor ; _ nnstributions, or allocations 3 5 Articles of = 'linen ail the assets of the Company have been u'stribufed as provided 7T the Memoers shall cause to be executed and lied i tcles of Termination as recurred by the Act Section IX Other Interests of an Interest Holder Any Interest Holder may engage n or possess interests in other business ventures of every nature and description, independently or with others except as otherwise restricted and limited by the franchise agreements of Pizza Hut, Inc Neither the Company nor any Interest Holder shall have any right to any independent ventures of any other interest Holder or to the income or profits denied therefrom The fad that an Interest Holder, a member of pus or her Family, or an Affiliate is employed by or owns or ;s otherwise directly or indirectly interestea n or connected with, any person, firm, or corporation employed or retained by the Company to render or perform services, including without lirritation, management, contracting, mortgage placement, financing, brokerage or other services, or from whom the Company may buy property or merchandise, borrow money, arrange financing, or place securities, or may lease real property to or from the Company, snail not prohibit the Company from entering into contracts with or employing that person, firm, or corporation or other wise dealing with him or it, and neither the Company nor any of the Interest Holders as such shall have any rights in or to any 1 11 7 Titles and Caot ons All article, sect.on, or paragraph titles or captions contained rn this Agreement are for conve.mence only_and are not deemed pa-t of the context thereof 11 B Pronouns and Plurals Ali pronouns and any variations thereof are deemed to refer to the masculine,feminine, neuter,singular,or plural as the identity of the person or persons may require ( Action -� a, .. J rl J 11 9 Waiver of Ar tFon for Partit'on, Each of the Interest Holders irr e�ccab:1 waives any right that he or she nay have to maintain any action for part+tion .vith respect to any of the Company Property. 11 10 Entre Agreemenr This Agreement contains the entire understanding between the parties, and supersedes any prior understandings and agreements between or among them with respect to the subject matter hereof 11 11 Conflicts of interest The parties hereby acknowledge that(i) Selmer D Lutey, Of Coensel, to the law firm of Murphy, Schmitt, Hathaway ? Wilson P L L C ('MSH&W") has represented MARK T PETERSON and KRYSTAL K BURGE in connection efilth the formation of the Company and the crafting of this Operating Agreement and (ii) that Selmer D Lutey, Of Counsel, to the Law Office of Murphy; Scnmitt, Hathaway P L L C does not represent any Mem:ers „trier than MARK T PETERSON and KRYSTAL K BURGE either direct',..: ind rectly :nrough toe Company Payment of attorneys' fees by the Company snail not alter cr amend any of the relationships contemplated 'n this paragrapn 11 12. Estoppel Certificate Each Member shall, within ten (10) days after written request by any Member,deliver to the requesting Person a certificate stat og, to the Member's knowledge. that (a) this Agreement is in full force and effect, (b) this Agreement has not been modified except by any instrument or instruments iaentif+ed .n the certificate, and (c) there is no default hereunder oy the requesting Person, or if there is a default. the nature and extent thereof. Section XII Arbitration If the parties are unable to resolve any dispute arising out of this Agreement either during or after its term informally, including the question as to whether any particular matter is arbitrable, the parties agree to submit the matter to binding arbitration In the event the parties have not agreed upon an arbitrator within twenty (20) days after either party has demanded arbitration, either party may file a demand for arbitration with the Phoenix regional office of the Amencan Arbitration -22- {eu!6uo euo peweep eq !legs Jeg1e Sol ua:ieT u,O!y.m jo Ife `spedie;unoo ui palnoexe eq Few lueweeJ6>`r situ spedlolt no° ui uar noax3 9 . aul 'inH ez7id Jo luesuoo Joud ey1 pue 'siegweiN eqi jo lie jo luesuoo ueiluM ay;Aq pa)(OnaJ Jo 'pelelseJ 'pepuewe eq Apo Aew lueweei6V siq JUarupuawt/ se jed eyl}o set geluese dei ieuosied pue 'su6!sse sJosseoons sneq ay1 }o li}eueq eq of wr,u, pue ping puts seidlouud Mei Jo sToi;luoo o1 Nebel Tnoyl! n EUOzuv }o eleis eyl Jo smei a;ll of 6u!p!000e penlisuoz, puts Aq pewe;,o6 eq I{lrn luaweaJ6's:i_ll 1saaay,7 Ua sowed 'M&7 Sup/a/top v Joni ti Japu:ewei aww}e flip!{er, eye tau Ii!rv\lueweai5v stq }o uol>_!od Aue jo flfp!leAul ayl ,Sfpilenu/l&1i1Ud 'E I.i ueJayl spUnJ eqi pue slUnooce 2yl of ioedsef wrr fauoylne er;ey jpM oqM suosJed eqi pue 'sluno;,op jo sed 241 .ule Lpew pue peuedo eq stun+000e e' i qaum 4c suo!ln I sul JO uol np s'u! eu euiw.eiep'legs sJegweiti veq eweu s,Auedu!oo eq u!peuedo S3,Jno3+UE JO iuno:7O yueq e u! pelisodep eq Nets Auedwo3 e'-1T Jo spu;i�.!iv s4un' oov/iu28 Z 1 i Auedwoo eq."}o s3iooq eq; uo saeedde 1+ SE sseJppe Jeq Jo sit Te uosied eq-4o? pessaippe GoiJUAS AJengep eq tom Tisodep Je4je Aep SseuiSno lxcu a.!;uo paean+lap eq of peweep eq f,egs eolou tans 'AJeAgep Aep-ixeu Jo 4u61wei o Aq pewwsuLJ- ji Jequin J a!,w:sce, s,uosied q ns si✓ pai}!;uep! pue uosied yons Aq petiddns ueeq sett LJ U M uos;Jed eqi Jot `,'pue J! 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I j:'•1;/Uri' t c 1, O. „1 ih =t l G. l' r '12 fa i 9 • t' Li . 4.1 3 Associat'on ("AAA') and a single arbitrator shall be appointed in scoot dance,& th the then existing Commercial A.bitration Rules of the AAA Discovery may be conducted ether upon mutual consent of the parties, or by order of the arbitrator upon good cause being shown In ruling on motions pertaining to discovery, the arbitrator shall consider that the purpose of arbitration is to provide for the efficient and inexpensive resolution of disputes, and the arbitrator shall limit discovery whenever appropriate to insure that this purpose is preserved The dispute between the parties shall be submitted for determination within sixty(60)days after the arbitrator has been selected. The decision of the arbitrator shall be rendered ,vithi,n thirty (30) days after the conclusion of the arbitration hearing The decis on of the arbitrator shall be in writing and shall specify the factual and legal basis for the decision, Upon stipulation of the parties, or upon a showing of good cause by either party,the arbitrator may lengthen or shorten the time periods set forth herein for conducting the hearing or for rendering a decision The decision of the arbitrator shall be final and binding upon the parties Judgment to enforce the decision of the arbitrator, whether for egal or equitable relief, may be entered in any court having jurisdiction thereof, and the parties hereto expressly and irrevocably consent to the ;jurisdiction of the Arizona Courts for such purpose. The arbitrator shall conduct all proceedings pursuant to the then existing Commercial Arbitration Rules of the AAA, to the extent such rules are not inconsistent with the provisions of Article XII i he Uniform Rules of Procedure for Arbitration shall not apply to any arbitration proceeding ding relating to subject matter or terms of the documents In the event a d'spute ,s submeted to arbitration pursuant to this Section tne prevailing party shall be entitled to the payment of its reasonable attorneys' fees and costs, as determined by the arb;tratoi Each of the parties shall keep all disputes and tI .orb<<,atian proceedings strictly confidential, except for disclosures of information required by applicable caw or regulation SECTION XIII Agreement of Spouses of Members The initial Members and interest Holders of this limited liability company are brother and sister In the event there are other Members and Interest Holders sn the future, by executing this Agreement. the spouses of the initial members and tne ti4 1s spouse ofeachla andthe`5, 5.. additional Interest Holder acknowledges consents to terms and conditions of this Agreement and agrees, for himself or herself and for the community of himself and herself and the Interest Holder, to be bound hereby Each spouse of an Interest Holder, for himself or herself and the community of which he cr she is a member, hereby irrevocably appoints the Interest Hotdei as attorney-in-fact with an irrevocable proxy coupled with an Interest to vote on ary matter to come before the Members or to agree to and execute any amendments of this Agreement without further consent or acknowledgment of the spouse and to execute proxies, instruments. or documents in the spouse's name as may oe -23- required to effect the same T h:s power of attorney is intended to be durable and shall not be affected by dSab:Ifiv of the spouse SECTION ?WI Supremacy of Franchise Agreement ro the extent any provision of this Agreement conflicts, violates or is inconsistent with any provision of the Franchise Agreement with Pizza Hut. Inc the parties hereto agree that the provisions of the Franchise Agreement shad supersede the same and that the parties hereto shall enter into such amendments to the Agreement as are necessary in order to make the relevant provisions consistent with or non-violative. of the °revisions of the Franchise Agreement Each holder cf a ten percent (10%) of greater interest in this Company shall execute a written agreement with Pizza Hut, Inc , personalty guaranteeing, jointly and severally, with all :-, ,ders of a ten percent (10 ) or greater -ite-est in the francnise or in this Coi--pany, the fully Payment and D rformanc,e of its obligations to Pizza Hut and to its affiliates, and all �a g holders of any interest whatsoever in the franchise or this Company shall individually undertake to be bound by all the other terms of the Franchise agreement, including, without limitation, the restrictior:s on transfer of interest, and the covenants of confidentiality and against comce+it;on IN V.ITNESS WHEREOF the Members have executed th.s Or_rating Agreement effective as of the gate first set forth above MEMBERS • '4ARK T PETERSON KRYSTAI K BURGE SPOUSES KARA E PETERSON' EVERETT BURGE OIS I ICAM 101 required to effect the same This power of attorney is intended to be durable and shall net ce affected by disability of the spouse SECTION XIV Supremacy of Franchise Agreement To the extent any prevision of this Agreement conflicts, violates cr s /1 inconsistent with any provision of the Franchise Agreement with Pizza Hut, Inc the parties hereto agree that the provisions of the Franchise Agreement shall supersede the same and that the parties hereto shall enter into such amendments to the Agreement as ars necessary in order to make the relevam provisions consistent with or non-violative of the provisions cf the Franchise Agreement. Each holder of a ten percent (10%)of greater interest '.n this Comoany snail execute a written agreement with Pizza Hut, Inc , oersonally guaranteeing,;ointiy and severally, with all holders of a ten percent(10%)or greater interest in the franchise or in this Company, the fully payment and performance of its obligations to Pizza Hut, Inc , and to its affiliates, and all holders cf any interest whatsoever in the franchise or this Company snail individually undertake to be bound by all the other terms of the Fr ancnise agreement, including, without Iimitation, the restrictions on transfer of interest, and the covenants of confidentiality and against competition IN '�°11TNESS WHEREOF. he Members have executed t^is Operating Agreement, effective as of the date first set forth above MEMBERS. MARK T PFTERSON •IRYS4:17M K BUR GE SPOUSES* KARA E PETERSON -EVERETT BURGS' 0111 EXHIBITA Percentage Member Interest Initial Contnbutions MARK T PE T ERSCN 50% 0111 KRYSTAL K BURGE 50% __-- /N -25- EXHIBIT B FORMULA FOR DETERMINING THE PURCHASE PRICE OF A MEMBER'S INTEREST AND PAYMENT TERMS PURSUANT TO SECTION 7 3 When required pursuant to Section 7 3 of this Agreement, the value of a Member's or interest Holder's Interest will be determined by an appraiser experienced in valuing businesses similar to that of the company, Jointly selected by the Company and the offering Member, Interest Holder, or such Person's estate (the 'Offering Member') within fifteen (15) cays after the Company's actual knowledge of the Offering Member's death or bankruptcy The cost of tine appraiser shall be borne equally by the Company and the Offering Member If a mutually satisfactory appraiser cannot be selected, then the Company and the Offering Member each shall select and pay for its own appraiser and the two appraisers shall attempt to reconcile their valuations to arrive at a single valuation if they are unable to do so, they shall Jointly select a third appraisei to value the Offering Member's Interest The cost of the third appraiser shall be borne equally by the Company and the Offering Member The three appraisers shall thereafter attempt to reconcile their valuations to arrive at a single \Vaivation If they are unable to do so, then the middle of the three appraisals shad be used as the valuation If applicable. each party shall appoint its appraiser within seven (7) days after the parties determine they cannot agree on a single appraiser The two appraisers appointed shall select a third appraiser within seven (7) days after they determine they cannot agree on a single valuation The appraisers shall be instructed to provide their valuations within thirty (30) days after(heir appointment Payment of the Offering Member's interest shall be unsecured and shall be eiN due and payable by the Company as follows ten percent (10%) in cash within sixty (00) days after acceptance by the Company of the offer to purchase the Offering Member's Interest and the balance in ten (10) equal semi-annual installments commencing on the six (6) month anniversary of the initial down payment, together with interest on the unpaid balance from time to time outstanding until paid at the lowest Applicable Federal Rate under the Code for debts of similar maturity (such rate to be determined and fixed as of the date of the initial payment hereunder), payable at the same time as and in addition to the installments of principal PIN co AMENDMENT Dated tI:tea'=' 2011 TO THE OPERATING AGREEMENT FOR HOT PIZZAS, L L C PINAN ARIZONA LIMITED LIABILITY COMPANY MARK T PETERSON and KRYSTAL BURGE, the Members of Hot Pizzas, L L C an A-izona tiabiitty company (hereinafter -eferred io as the'Company") entered ,nto en Ooerating Agreement for the Company on July 16, 2010 Members have not previous'y amender)the O orat ng Agi eel-lentMembers hereby! amend the Opera trg Ag eeriert, as ta, .vs 1 Paragraph 1 4 of:he Operating Agreement shall be deleted and to following _hall be nserfed in lieu and in place thereof `1 4 T radtmert as a Sub-Chapter S-Corporation it is the intent or the \ ern)ery i': Company shah -_ opera'ed in a manner 'a treatment as a ter S'pCra`;oil -c fede,a' 'ncorne rax our?ose` beginning with. `he tax y'e9r, 2010 No _ =haft eke ary action irccnsis`elt with the 1+P^t 2 in a,' other respects. the Members hereby ratiry and ccntim•i the Operat.ng Agree rent of Hot piwzas, L L C .3n Arizona lirnrted i,abiiity company, dated July 16, 2010, as _.ha„ged ,y .n?s arre,,•ao ent IN WITNESS WHEREOF ;ne pares hereto have executed this instrument this day ci 1.. MEMBERS • .'ARK T PETERSON /{RYSTgt'BURGE 11 T {,r 419 i''. STATE OF ARIZONA i jss Coun°y of �'''loi,—ur'. } SUBSCRIBED AND SWORN TO before ma this 1�I4' day of _ hA! _, 2011, by MARK T PETERSON euN tt4rrfl.:E4:-.t Notary PubhIC . . zly Conm iZza-es,:::1!4 Z.::!5 i c+,�TE O F AP.I7ONA i County of Nrit.- i SUBSCRIBED AND SWORN TO before me this /=;�i day of 1\,;r�4-0J:,. , 2011, by. IKR'YSTAL K BURGE Li!a L-(.!?e. ter. �^� fdota:y Pt.Ale Stale of.A.;on3 i• . Terri r.ITav2: {y2 r m.Corr nr.:,,x,E:.6.95!3•.4:1,3,j OIN PE'i"aUTES Cr A SPECIAL►f4EYJt J, THE MEMBERS OF, HOT 0I_7ZAS, L L.0 Pursuant to waiver of notice, a special meeting of trice Members of Hot Pizzas, L L C , .gin Arizona limited liability company was held at the offices of the corporatior, 3845 Stockton Hill Road, Kingman, Anzona, 86409, on the day of , 2011 Mark T Peterson acted as chairman and Krvstal Surge acted as secretary of the meeting The meeting was called `c'r the purpose of the members authorizing and electing that the limited liability company be taxed as an S-CorooraUon and that the company shall be subject to and comply with all applicable state and federal laws and codes V1h reUpon motion duly made, seconded and L f-anTnously approved, the fo:low,ng resoltc::,on was adopted by the Mernbers on 'i "ct'ra,bc r _..w_ 2011 "BE IT RESOLVED that the Members of the'!mited liability company hereby acknowledge and confirm and approve tre ;Previous filing of the Company's 2010 tax re urns as an S- corporatiori, and the Merrtbe-s also hereby authorize and elect that the company continue to be taxed as an S- Corpora ion in the future and that the company shall be subject to and comply with all applicable state and federal 'aws and codes RESOLVED FURTHER that Mark - Peterson and Krystal Su,-ge be and, hereby are, authcrized ox,ecute and delv'e- 1-1 and al documerts necessary aro recu,red to effectuate ono complete 'he process requi-ad for the company to be taxed as an S-Corperation ` '4"VhereL,00n imotioi duly made and seconded, the mee'ing was acjoLrr ed DATED this ::Jr _ day of 7/7,, 2011 Chafrmar, MARK T PE"ERSON Secretary, KRYSTAL BURGE . !419 x:I t ip i r" M; 1 i_r RESOLUTION OF THE MEMBERS OF HOT PIZZAS, L L C AN ARIZONA LIMITED LIABILITY COMPANY The Tollowing resolution was adopted by the Members of Hot Piz as, L L C , an Arizona:imstvd iiab.ittyr company, on the -=*,Vt. day or l �:��' 2011 "BE IT RESOLVED that the Members of the limited liability company hereby acknowleoge and confirm and approve the previous filing of the Company's 2010 tax returns as an S-corporation, and the Members also hereby authorize and elect that the company continue to be taxed as an S- C.orporebon in the future and that the company shell be subject 'o and comply with ail applicable state and federal laws and codes. RESOLVED FURTHER that Mark T Peterson and Krysiai Burge be and hereby are, authorized io execute and deliver any and ail documents ne.cessary end required to effectuate and complete the process ief.u'sr. d for the company-o be taxed as an S-Corporation " DATED ED this day of , 2011 A t -� fl r±es ... oak Amik Page 1 0_a. t • I1I11U I al NI :5148165 )2 Crifta),7ft:4 Ctattnrvil S'A 3 S 'cti2 11Cf. 3 OF 4 Z i iv`d t3t?. 1t 17-1q OF HOT Pik. /'\ I. The XVIII cl it,A5 Inift4EabRiy=gay HOT PIMs LLc. 2 Tho sole ptarpfoe far*ttidt the Ittihad Raflity company Is banal atx1 titry =O echtely it which the&dad liability corcany id flr Wit be eugsrtxt The=Mod of a mlailizaiiyainetaptsat ntttorenwtoeFratr. teeivirnetnentsfmmFltzafiatfnc. 3 r, a tvanr$01,1 moan pb000f ht; a to 144t•sra HOT PIZZAS.Lt_C Fit Digo dc`r 417 Kr4nan,Arizona 8.5+t01 4 T h3 rams end add*.r t at to slat/bury Quiz of Um=cart!am' tAxt T.Pot«van Z25:3 ArrnarjAws. h':momrrn,Arts SUrn 5. Wrrsr. Itt of tit Ithted 5abit +=rat!omt4Freada•:1e tif-Ant:33. Th3 r_tt*e afd 3f2kInzr2 of x7Xlt Itte,ftr at to two of farrratt4 of to .+r 'rt ara: Mitzi T Potsaon xryatat%me Fed Ofit3 Sox 41 i 4 Poet Chiba aCit 3t 9 1 fall turf.Artinann 50401 K t4inat L A rtrona S-5401 T. Tim Igoe of to rittied ii53:titYr acenratty Ea pet vet. a. the 4auttice and traveler of any knefost In tho ttr;''aci;stay cci arm}"4 ryscttictnd try the fOrme of cm ra rr:xo Franchho Atlreemento v4In Ptrm Hut;I . AIRN 1•.ttp '.irtne5 azct 20V sc_riptsicgi !spa't? p1''CO\[v1XI\!)4 ,SLSSIr.- .I ?-ZdCJflvthv 5/7'2012 /mak . ; ; 1r DATED ez____ yf 2010 eh Li.R9ONI KRY STAL RURGE Alm\ 1, MAKK PETERECK haste be6n rildryabsd to sot se Srrtt 4=sant act ki thel zaps,*nit! jbnh,d In b000disnots uttlh Ivo Ati-rns P,evted Stfutas. Age.-11 STATE Of ARIZOW, ) County of Yssovol On Ogs„the dsy of 2D10, irets rrs,Its mien:Wed notify Oublb,pwnptjapw.dMART PETERSON,known to tra to Os rlt, =eon whose nuns le subserfored to the to regbing Artioiets t2t 011-isrtzsdal, pnd scknowledsed to Iss that he 411715CIttgi 110 3101140.br PIG PUIPMFM.end=ntr.,1-2erebn talen oontinsd. I iTh7hE33 WHEOf, h•crourriu e4-4 my ha-4 and yeer 117st soove weer. 4z'ary Ptta.r. 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Cecalaviaa 11111111111111111111011111 D364,521.3 irr UABILJTY EPAXY If rAT,-.341ENT OF/OGRESS -1.6MGE STAMM/if OF 3TATITTORY ACIIIT CHAN(' ks AP-3.El 29-2a141 LI=F ;X•4119 ;Zatel c=apOad SW'in.S.WinXt 5.:4124V Siir =,71e*kr tirreriL THIS FORM or To 5!USED PM ADDil4 WEIMERS 'WONG fetragarIS PLEASE LISETHEAAVAIDSIENT FORE ImPurtzgt fhat?Is hotornavori yma rwovtio Ian rtir kril t To all*IN oorma 01111111\ Mar Lrrawl=ley coerverys current victitir pliable Maine*"oral itAxstary wan,=Mit C;gt,r,a, &Mos C. CatbstatrelX2 S42-3= F.DIAdores ombra wifircmaunns*elaia:siaamanalles, Tta ears ran of In Lktilerl UyCp.iy CLI.C)wordy an Ss trit!,the.4utaau Ocarrwpozei, OomenWedan 17.,111grt- 144 I- O= Oc1 NU 7 ACC Zo rtersor tkatitfq,. com 0=RPG%-r=0 mum—s 3. Tha ef".! LI.'Ca know pima of zzzi-nast Imale led% #4C P. ea( 41 7 ire 4 11i rt.1-yel Ara avet a44P2411e oft*=vat raillitary Boar.cis gal la•rd'i V.3 AIX:. 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C JPA3-\--101,c1<=UN(D1SSdSW--(1 NO/1\V IjlirChl: tapimo*xtorAt) itrxoci rjp4v 1=11 Me-airal Util3W*001";.4 OCOUNIAWIUWA Nal 1. 1/9-FISO IILIEVW.ffitta2 itaxiaode*0tor Fb111/4111 q2=Z VS11••••••90 Attollars wimp:6nm Itew*,,g I '-)77 MAIP.JFC1Pd I441 3:11-mN portvd — f-13„e s sv kEr-vv.a paso IA;r r;ir,P7-03 --it-37 in mcin DTI 4341111 414-1.aatuimaSS4 s is.44=sam fral.Vpit waft: f.,:42420 ar4 ut wizaiwc gv-xkloo.r.)coNceelos pir.aulf o; vai:z Alcutzp.cqA4P110:402 T-44 :424 i.vointm V.' 7 Pin 200161,riff Eq 73-L4'Car°413B 4U:e .r..,WW# IMIEUISO I vdat-vms Eft lexix pit- pstssers<=2 zWac**KM 041W s JrrU VeOPP,d•300,• lissuppe, NAN r...111.61 WO IMO Pariran 741/4=N • :144 g 7,L70i7e MOOdcchf AWN 1116101:: tqalge MOAK JE • MUT tti '11111001 wiss,vrie megiPPV star PISSU13 Okar*PP) 3322C.Mr"-77.—Makig mussti e_*/iLie41 motivk sc,i acre 71-7.5-erav etaam Tr, • c V-. 1110 10/ ARIZONA DEPARTMENT OF LIQUOR LICENSES& CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE 'I�StiS� � Attention all Local Governing Bodies Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document. Type or print with BLACK iNK. An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. rO BE COMPLETED BY EACH CONTROLLING PERSON AGENT OR MANAGER. EACH,PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICAN` FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS S.ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRNT SERVICES,OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a 522 DPS background check fee will be charged for each fingerprint card. Liquor License # The fees allowed by A.R.S.§44-6852 will be charged for all dishonored checks. (3 TJ 100 t-3 (If the location is c.irrently licensed{ 1 Check Controlling Person r Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions este tt#14,14a&21) box ---` Controlling Person or Agent must complete#21 fora Manager Controlling Person or A #21 2 Name MORSE THERESA JUNE Date of Birth Last Firs; 'diddle T a Public Record) 3 Social Security Numbell.111111111. Drivers Licensee State ARIZONA Not a public record) (NOT a public record) 4 place of Birth DETROIT MICHIGAN USA Height 501 weight: 155 Eyes. HZ lair SLN Gty State Country (not county) 5 Marital Status Single Mamed / Divorced 'Widowed 6 Name of Current or Most Recent Spouse Date of Birch I / (List all tar last 5 years-Use additional sheet if necessary) Last Frs' Micelle Maiden (NOX a public record) 7 You are a bona fide resident of M-at state? ARIZONA If Arizona,date of residency 7/1981 B Telephone number to contact you dunng business hours for any questions regarding th:s document_ 480-353-8035 9 If you have been an Anzena resident for less than three(3)months,submit a copy of your Arizona dnver's license or voter registration carp r 10, Name of Licensed Premises PIZZA HUT Premises Phone 4PC C = - 11 Physical Location of Licensed Premises Address 240 S PHELPS DRIVE APACHE JUNCTION PINAL 85220 Street Md ess (Do rot use PO Box#1 City. County ti 12 List your employment or tyoe of business during the past five(5)years if urompioyed Jaart of the time,list those dates List most recent i st FROM to DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS McnthiYear fviomhfi'car OR BUSINESS t _re.er address,city state.3 z•p) 2/2007 CURRENT Consult/Trainer A.G A T.E. 530 E McDowell Rd 107-241 Phx AZ 850041 8/1994 2/2007 Investigator/Sgt AZ Dept Of Liquor 800 W. Washington St Phx AZ 85007 _.1 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EiTHER SECTIONt 13 Incicate your residence address for the last five(5)rears FROM TO Rent or RESIDENTIAL Street Address 1 { Moroe YP.1tl' t onaVear Own It rer'.ed,attach adoitiu7ial srieet rrn r.arne.address arc otrcrrc rLinter at landlord city °.. State i a 122006 CURRENT 0 19486 N Kan Lane tvtaricopa AZ 85139 { April 1,6 2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 if you checked the Manager box on the front of this form skip to#'i _ C, i 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises/ YES J NO if you answered YES how many hrs/day" ,and answer#14a below if NO,skip to#15. 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) 'DES NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited. arrested, indicted or summoned into court for violation of ANY law or ordinance. YES ✓ NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related ^15 Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments YES J NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member;director or manager YES ✓ NO EVER had a business, professional or liquor vacation Or license rejected, denied,revoked, suspended or fined in this or any other state'? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YES ✓ NO misrepresentat cn? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an°Wc.er, member YES r NO director or manager on any other liquor license in this or any other state', If any answer to Questions 15 through 19 is"YE."YOU.MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 1 Theresa June Morse , hereby declare that I am the APPLICANT/REPRESENTATIVE (print'uti name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true, correct and complete X A /( ! —� State of NI County o !' i5igna'ure ',Applicant) The tyoregamg:nstr�urnent xas acKnowiedgect before me this 01 day of Alf L� Z, 4V2- ifrrth Yea* Mycommission expires on 4 r rig i IJt+_' 1„,0 a� )L% OFFICIAL SEAL 4„.,V\ ' . JESSIC A 5 tk Nr7 Dad Awed Year ( -w.t' NiowiyPueuc �onafNOIAR U6LIC; MARJCOPA COUNTY ` W Ctrtm F pres fetoary 16,2/116 ' , COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instrument gas acknaMrdged before me tits X day of Signature of Controlling Person or Agent(circle one) Mond Yea; (Signature of NOTAfty°URLlCr Print Narie My commission expires on Day Month Year Print Eorrn ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 5500 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 QUESTIONNAIRE OZ S b39 Attention all Local Governing Bodies Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but mast be blocked to be unreadable prior to posting or any public view, P1 Read carefully This instrument is a sworn document. Type or print with BLACK iNK An extensive Investigation of your background will be conducted. False at incomplete answers could result in cnminat prosecution and the denial or subsequent revocation of a license or permit. TO SE COMPLETE)BY EACH CONTROLLING PERSON AGENT OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMiT AN APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT DLtC FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT ACSFP "OR A FN ERPRiNTING SERVICE'APPROVED BY C•LLC. THE DEPARTMENT DOES Not PROVIDE THIS SERVICE Effective 10/011477 there a$24.CD orocesgipgjee for each f,ngerorint card aubm;tted, Liquor License The fees allowed by A,j?.S.G 444S52 will be charged for all dishonored checks.. 01 1 1 I OO- r<. _ (If the loca iori is<wire7thy licensed) 1 Check 1 fRK Controlling Person DAgent 0 Manager(Only) appropriate (Complete Questions 1 19) (Complete All Questions except#14,114&21) box --00. Controlling Person or Agent must complete$21 for a Manager Controlling Person or Agent must complete#21 2 Name 3L}RGE r;R'15? L i{AY Date of Birth _ LW t Ntiodle l�{Q?aZONA etora} 3 Soctai Se:rty Nurrte Wiper;se M State�RIZC*a= (NOT a public record) (NOT a public record) i Plzc of;,1,.... HCLDREGE NEBRASKKA USA Height 5 it 'Weight 140 Eyes GRN i rBR C.t. Sate Count (not county) 5 mar-tat S:att.5 '1 Single;W+ ra-red DI'vorced! A1d.^,verl Daytime Comae'Prole y9L2l3 b> 1-3 �t 2224 3 Name of Curter or Most Recent Spouse 3✓RaE ='v-PE T _ ;ate of Birth ,:ust cot for last 5 years Use addidcnal sheet f necessary) 1..nt .:-st M:":..a 'raze Rica a public record) 63 7 "a•r are a bora,`lie res dent of vM eI atateo AR'''VA if Arizorna.dale of•es;denoy 1- 3 Te`3 r.prone ,jn>ber to contact io•%curing bus.ness'9ou s far any questions reaarcing this oocume 1. 925 A8t 1 4 {2224 _ y If You rave been an Arizona resident for less:1131 three(3)months submit a copy of your Arizona dime's-icense or voter retiratration card 13 Name of licensed Pren see PIZZA HUT ___.. Premises oh re 4.80 2 1 lj„'�'_ r� `� i t t;s+aai Location of Licensed Premises Address e2 d T �1 E' i f l '�ie_1Gt t!'EGS .Z2 A Street Addree% (Da not.l PO Box it) C:ty County 4'a / 12 Lest your employment or type of busness ounng the Mast five;5)years.If unemployed part of the time,fast!nose dates List most recent 1st. FROM Tt7 (}ESCRIeb Post EMPLOYER'S NAME OR NAME OF BUSINESS —� • Mcn t+^."Year r.Mo ;7,rYear OR BUSINESS (street address.city state a zip) 3f19 i82 CJRR=_r- 1 taco Bell!P+zza'Hut Franchis+t Desert De Ora Foods;rc 2255 Airway Ave K ngmarn Z_8e4C3 1 i ATTACH ADDITIONAL SHEET iF NECESSARY FOR EITHER SECTION/1 13 indicate your residence address for the last nee(5)years W FROM TO Rent:., RESIDENCE Street:address j Monthf(ear Month/Yew Own •1r enieo,noon Odtzo=':5t!meet with rename adores.;ano phone numb„r,(andiord I C'iy Suite . o 10/1990 C:t'RRENT 0 5430 Stockton Hill Road 1 Kingman AZ 86409 { UC t)t01 9r24r2009 Dtseble.d individuals requtrIng special accommodations,please call the Department jr02)542.0027 If you checked the Manager box on the front of this form skip to# 15 '4 As a Controlling Parson or Agent wilt you be physically present and operating the licensed premises? OYES[ENO If you answered YES,how many hrs/day? ,and answer#14a below. if NO skip to#15 zda Have you attended a DLLC approved Liquor Law Teaming Course within the past 5 years? {Must provide proof) OYES ON0 if the answer to#14a is"NO",course must be completed before issuance of 3 new license or approval on an existing license_ 15 Have you been detained cited arrested indicted or summoned into court for violation of ANY law or Q YES 0 NO ordinance regardless of the disposttton even if dismissed or expunged,within the past ten(10)years (include only traffic violations that were alcohol and/or drug related)? 16 Are there ANY administrative law Ci'ations,compliance actions or consents,criminal arrest, indictments 0 YES t;;NO or summonses PENDING against you or ANY entity in winch you are now involved? 17 Have you or any entity in which you have held ownership,been an officer,member,director or manager OYES v NO EVER had a business professional or liquor aazilication or license rejected,denied,revoked. suspended err Find in this or any other state' 19 Has anyone EWER filed suit or obtain a judgrrient aaainst yo-1,the subject of which involved frlud or OYES NO misrepresentatioli7 19 Are you NOW or rave you Eti!.E held owner-a ownersna been a wontroiting person been an officer, m frriaer OYES tU..NO director or manager an any other''tduor license in this or any other state? if any answer to Questions 15't g;., g is`YES'YOU MUST attach = _ - __:terrert Give ccomplete details tnciuoing dates,agenoes involved, and dtsccsitions SUBSTANTIVE CHANGES TO THIS APPLICATION W LL NOT BE ACCEPTED t4RYSTAL KAY el.,RGE r� I hereby clo.,Ia'o"at I EC" =_. -__` - fLi -erne et Ap,hranri `i,ng this questionnaire t have read this c s or'raairr and all Sto en'en.S are rue., correct and ccr et_ � _. State ot ty f hvkil?W,„ rktary tT Di.c to ofRr„on'a a forego i ,rr_ .,was a,.k.r,r.<E_,_ec.,->:ore-re s Ivbhave Caunty _ _day of`-_12e2g 4 /9- ` 7 .,q mrvrssK:++c:c ns+^' 4 205. 1 s� y '.tenth Yea, SVInur* otN CTAR PujL COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 2' The aooiirant hereby eutr,cr zos toe person named on this questionnaire',1 act as manager for he r a;Tad'>cuor The Trager named must be at:east 2` ,oars al age Slate of CoJrty of fie Inrajo i;trb.'.:iir'e t was acknow%edgec be-xe r' tl fi X day of Signature of Controlling°ersari or Agent(circle one) Monty, Year ,Scrtature of NoTiRY°UeL)..r - hint kl, My cormsston expires on o v MQrtr, ex ADDENDUM TO QUESTIONNAIRE Question 19. I am an owner in the following liquor licensed locations 12083035 Dambar&Steakhouse 12133064-Murphy's 12133065-Gurley Street Grill 12133226-The Prescott Office 12133121- Renegades 07070151 Pizza Hut 070701.3-Pizza Hut 07070137-Pizza Hut 07070146-Pizza Hut 07070145-Pizza Hut 07070142-Pizza Hut O7070134 Puza Hut 07070157 Pizza Hut 12078564-Pizza Hut 12077023-Fcrk in the Road(closed) Respectfully, crystal lay Burge Print Form ' , ) r't .. "l: U ,Sir L1C 419 %Y, ; ARIZONA DEPARTMENT OF LIQUOR LICENSES a CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 QUESTIONNAIRE 71,o34-1410 rn Attention ail Local Governing Bodies Social Security and Bitdfdale Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting c or any public view. ! eliN Read carefully This instrument is a sworn document Type or print with BLACK iNK. An extensive investigation of your background wilt be conducted False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MAN M ER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT DLLC FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY DLLC, THE DEPARTMENT DOES NO PROVIDE THIS SERYiCE. Effective 1cra1/47 there is a z2. .Jf!^f9 naja.zia.,:faubill.ithmittut. Liquor License # The fees allowed b,A.R.S.b 44-852 wilt be charged for all dishonored checks, d 7 S 1 O) S? tt (If t e location is currently licensed) I Check i ,;GontrotlingPerson °Agent ❑ Manager(Only) J appropriate (Complete Questions 1-19) (Complete Alt Questions a rec #14,14a&21) box —s. I Controlling Person or Agent must complete#21 for a Manager Controlling Person or A s co i #211 2 Na re PETERSON MARK TODD Dale of ii Last First Midge NOT a Public Record) 1.111111, 3 Social Security Numbrc Drivers License fIIIIIIIIIIIIIIg State ARIZONA (teal a public record) tf'lOTa public record) 4 Place of Birth HCLDREGE NEBRASKA USA Height. we ght 1$5 _yes l3LU ilair.SR City State Country (net caun{y) .5 Va.it.3 Sta.us J Single R, 'ilarriea Cl Civtrzati al 0.'iciowect Da'yti%rre n:'ntec1°chore p $- C 1- -344 X 2225 6 Name of Cure or Most Recent Sao se PETERSON KARA ELISE ROBISO1i d Date of Binh (Litt tit far L79t 5 years Use additional sheet it nec-eswary) Lest First MiCdia Mader iNOT a pu lie raeardl 7 Ycu are a bona roe,resident of what state? ARIZONA If Arizona date of residencyt'"o`l 3 TPieishcne nurnoe'10 Cc'11act you during business hours for any gaest,otls regarding this document 23 631-3344 x 2226 9 if you have been an,Arizona resident for less then three(3)months,submit a copy of your Arizona dnve's license ci voter registratio•i cart( PIZZA HUT Prernses Phone 1- 2O (,A '1 t66 t'� �:$'i7rt of LicensedPremisest 11 Phys cal Li cation of Licensed pre ess mises Addr pC-tOs f i4 l Ql(,r6 ( i> C1 arx-,cA titLAI AS.a0 Street Address (Do n use,'O Box#) City County Lis 12 Lis)your ern.ployment or lyre at business dunng the cast live(E)years II uremployeo part of the time,list those dates List most recent 1st FFROM TO DESCRIBE POSITION ( EMPLOYER'S NAME OR NAME OF BUSINESS _____, me-Au/vowM0- }v-0Year OR BUSINESS I {s,reet address,04y state 5.zip) 3/1982 CURRENT Taco BelliPizza Hut Frenchis Desert De Orc Foods, Inc 2255 Airway Ave Kingman AZ 8Ei4.)9 I -- ATTACH ADDITIONAL SHEET iF r E llES&fi..RY FOR EITHER SECT?ON4 13 indicate your residence address for the last five(5)years ,Ir FROM i To Rent on RESIDENCE Street Address U-onthNe:ui5,larrr,7.+Year Own I.errted,sttach anlitiona+sheet with name address,arts prone number of lar.Sxd C ty i State Zip 8/2011 CURRENT 0 9414 N 53rd Place I Paradise Vly r AZ 85253 2004 Current 0 1410 S High Valley Ranch Rd Prescott 1 AZ 86303 i LIC 0101 0/24)20CC Disabled individuals requiring special accommodations oiaaae call the Dep,.rimerit (602).S42 0027 it '`.? Mi i' 12I Lie'. t''. ce u If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or.Agent,wJI you be physically present and operating the licensed premises' DYES ONO If you answered YES now mary hrsiday" ,and Apswer#14a below. if NO,skip to#15 111 1 14a.Have you attended a OLLC-epproved Liquor Law Training Course within the past 5 years? (Must provide proof) OYES ONO if the answer to s 14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been getained.cited arrested. indicted or summoned into court for violation of ANY law or ❑YES 0 NO ordinance regardless of the disposition even.f dismissed or expunged within the past ten(10)years tlnctude only traffic violations that were alcohol and/or drug related)? 15 Are there ANY administrative law citations compliance actions or consents,criminal arrest.indictments DYES [j NO or summonses PENDING against you or eM1Y entity in wh'cl you are now involved? 17 nave you or any entity in which you have held ownership,been an officer,member,director or manager OYES ONO EVER had a business,professional or Iimior application or license retected. denied revoked.suspended or fin in this or any other state'? 115 Has anyone EVE(3 filed suit or obtained aludgrl tent against you the subject of which involved fraud or D'i ES ]NO rr'.:sreO resentatiOn? 19 Are you,etOW or have you EVER held ownership been a controlling person, been an office`member, OYES J NO girector or manager on any other iiouor license trt this or any other state? if any answer is Questions 15 through 19 is*YES'YOU MUST attach a signed statement. Give complete details including dates, agencies involved and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED i MAllK. 'O J" FiTE=S:DN 2D , -e'eby declare that I air the APP"_i_AN i_ iREPRESENTATIVE •'n-t t.lI-acne; , "^+' is questionnaire I rave read'his questionnaire and 311 stargments are true correct aed complete X _---_. _Y _ State cr_ a_�__County of YYtc {k<re is. n e. r it4- iii KATHLEEN M LACH r The'arego,rg wrsir:-7,e,ni was aciocwiedoec t icie-.::^us ' i Notary Public Arizona 01' day of D.Ora. 11.4.1>j Mohave County fnr,rith Year " tL: 14 Comm Expires Jut 14 2015 n + mrnessiort expires on ...%ct.Cil PI, .v 7 t5 _ .r ,,.,i'A'..,aka0.14111 Day Stow/, "eat ;Sig:WireofN,7rverFf Bui.:- COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION The epolicant hereby autrori_es ine person named on this questionnaire to act as manager for the named ccuor cense The manager named must be at least 2' years of age Slate of County of The foregoing strurreni was atkrowleaaed belie me t IS X day of Signature of Controlling Person or Agent(circle one) Month year — -- Pt:r!"Orne tgnature of NOTARY Poet.ic) Vy oorrtm:ssio,:expires on 04'r tit,:r'^ Year ADDENDUM TO QUESTIONNAIRE Question 19 I am an owner in the following liquor licensed locations 12083035-Dambar&Steakhouse 12133064-Murphy's 12133065-Gurley Street Grill 12133226-The Prescott Office 12133121-Renegades 07070151-Pizza Hut 07070143-Pizza Hut 07070137-Pizza Hut 07070146-Pizza Hut 07070145-Pizza Hut 07070142-Pizza Hut 07070134-Pizza Hut 07070157-Pizza Hut 12078564 Pizza Hut 12077023 • cc-k ne Road iclosed; RespectfuiIV, f/ / _ - `f Mark Todd Peterson li ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 300 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 QUESTIONNAIRE -It,D--1t5I Attention all Local Governing Bodies' Social Security and Birthdate Information is Confidential This information may be given to 1 local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting! or any public view Read carefully. This instrument is a sworn document. Type or print with BLACK INK from\ An extensive investigation of your background will be conducted False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit IC'. C MPLEIED 3Y E (,H CON TROLLING PERS`Jt.,,.:AGENI r;;R tv AXAGER. EACH PERSON COMPLETING THiS FORM MLS', SUBMIT AN `AFPLi..KNi'TYPE F,Nuc PRiNI CARD.4 VAILABLL AT HISLrFIrE FINGERc'4fNTS ON F3I APPROVED CARDS ARE ACCEPTED cP.GEt 1r1'.1 L\FORCLtri_:NT AGENCIES L+CNA HOE FINGERPRINT SERvidESi.OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT $$I3 FE: In addition to other fingerprint fees.a$22 DPS background check fee will be charged for each fingerprint card Liquor License # The fees allowed by A.R.S,§44-6852 will be charged for all dishonored checks. 0 7 ) i e- >5Cr- __ (If the fo9tion is currently licensed) Chock, i Controlling Person Agent I VManager(Only) appropriate f (Complete Questions 1 19) i (Complete All Questions except#14,14a&21) box ----,IA. ii Controlling� Person or Agent must complete#21 for a Manager 1 Controlling Person or Agent must complete#21 2 'lar la _l ,t � .1c �IC' DC4.141 I� _ CtMI _.._ _...Date cf 3 rth Last -y;t Middle A 3 Sci..ai Security Number Drivers Licerse# State 2 t� �� ( a public record) bfic reciS7z1) 4 Place cf Birth Rdiek S14r%c{ �t_.. S - Height 6°6 :hreight Q �yes L7�. Has -0,2. .,'. Sta'e Country (r'ot county) o Mar'ai Status 'iingie Mar*;ed Divo.ced Widowed b Name of Current or Most Recent Spouse _ ire '9 In , (List all for last 5 years Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) You are a bona fide resident of what state? AIL"r Ar •-1....-,.., If Arzona date of residency 3�til j, t L( + �3 6 Telephone number to cor'tac. dui ui;ng ou3 mess hours'Or ".ny SL r a regardt"g tf IS docu'rent y�0 _ ... .._9103. ,Ja4 2.T 9 I`you`*ave been an Arizona resident'or less'ha n'h,=e.?i,31 months Sub.'it a copy of your Arizona cirniers license^•'voter-eglstraU^n Cord IC `lame,f Licensed PremseS t A. Prsr L: tJr K e- p 1 11 Physical Locator of _ensec 1'r em ses r,dcress r s O S. ?helps It Ap.r�, rueiti es t i n. t 13,,�„�- Street Address .o nal use PO:.lox#') .;i:,r-y lip 12 L;st your employment or type of business during the past five t5)'years If one,:rri ,ed part of the time tO e udes List most recent 1st FROM TO DESCRIBE POSITION I EMPLOYER S NAME OR NAME OF BUSINESS oi:tnvYear Month Year OR BUSINESS !street address citr cat, %z!r -r— ,7,4711ZIA CURRENT G'e1 J n4d. .__.I,Yui !r'Z'Z, s� 'zr►ii + 355 SI4C.ldi,,4,0,00 ocean e1£t5.;t .id OS 3"4Ij bit 6ee,.rs{ w.5ttrs. % .41.At'kra-t,5„ 425vaW4glit ,.R23 Cho"./ttr 6124. I ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION' 13 Indicate your res deuce address for the last hve 1.51 yr IFROM I TO Rent ors! RESIDENTIAL Street Address i T� • r,a - cn'hTrear own Iif rented,attack additional sheet wth ynaam? aridreSs sac of ione roil er at landlord C.!v i State Zip • ifija;og iCiURRENT itt..fi• �_' E.SaVtt.ete.AvE ,i ewtl i Ltes i2 e t�,�S O_' J ,T I 1 1 i Avg 16 2012 Disabled individuals requiring special accommodations,please call the Department(502)542 5027 i is Nave you been cited.arrested, indicted or summoned Into court for violation of alY law or ordinance YES i? regardless or the disposition.even if dismissed or expunged within the past ten(101 years' In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations, compliance actions or consents, criminal arrest indictments YES • or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints OIN 7 Have you or any entity in which you have held ownership oeen an officer member director or manager YES 4SIP EVE)_haa a business, professional or liquor,ap,olicatjgn or license rejected denied, revoked, suspended or fined in this or any other state/ 1 a Has anyone EVER filed suit or obtained a lodgment against you, the subject of which involved fraud or YES ND misrepresentation/ 19 Are you NOW or have you EVER held ownership, been a controlling person been an officer, member YES N director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a stoned statement Give comolete details including dates agencies involved and dispositions SUBSTANTIVE CHANGES TO THiS APPLICATION WILL NOT BE ACCEPTED 20 I Den.L 4 gemid FISC 'elf S `- hereby leclare that I am the APPLICANT REPRESENTATIVE sprint full nerrie of Appl;caft) filing this questionnaire I have read this questionnaire and all statements are true correct and cornple'e X rs�. - ( s' ta r�}r ,•?awl c county :{ r�'c-np pt Sfi nature of A PP,cant, / I'le roregoing nstru'n,�e}n'.sas acknowledged betofe my>•�!his CA k l Molt Year - .r ssic.n ex.,res on _c'l _,C ._� `Jf _ —__-- - -- _ t:MCIAL 5_ L Day +'..rtn 'ear l rature3fh^. 715 '. .` DAVID iRAHANN i to rosary .,a; dkRh UPA :)!,!'! `. ^ ''1r 7 Mr.. .I ' — COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age , r ; State of .l i i.� 4 ,,, _ County of i s" XC: IThe forego'rg instrument was ac no=.wedged before me thpe iymo ' d i ;). -. Signature of Controlling Person or A nt(circle one) r.�cir.rh Year 7.„a'c t -.1i )it%a __ I'd( :12'^e. I- �Y.'a tS a+i a ofj'vr'T...i PU9:.1C_y Flint Name ± j - My remission expires on [(.r`' C•%[Xi)Pi:i i_.: '- f ^. ;JESSICA STRICKtAt iD Day Mortis ;' Year Ide4 M3'AM PUBLIC State of ArizOria 1„,,) I - MAKOPA CO;NTY L._ .. -IS'- ' Fr,freiFibr Ty't `15 chi)ACHF retry- "et170-rieifte/elt( Hurtle of the .SZIIYL'TStifiOii :1lr)tli7tairtS 4R ZONQ" NOTICE The attached application for an Interim Permit, Person Transfer, Limited Liability Co , Beer and Wine Bar Liquor License submitted for Pizza Hut located at 250 S Phelps Drive, Apache Junction. Arizona, was posted on the 15th day of May, 2012, at 2 30 p m Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning. or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting Arguments for, not objections against, shall be filed thereafter A public hearing will be held Tuesday, June 19, 2012, at the City Council Chambers. 300 E. Superstition Blvd , Apache Junction, AZ at 7 00 p m at which time any objections filed will be heard Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS, REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. • 982-4002 • I -A\ E t80)982-7018• MD(4X0 983-0093 • 304) E- '�t:per5'rt:tun E3t?uiekard AptcheJur?ctron A15'':,r <cP�acNFr. �-� • ray, 1U R`4''k =- • Horne of the Superstition Mountains May 15, 2012 Theresa Morse Pizza Hut P 0 Box 4179 Kingman, AZ 86402 Dear Ms Morse Please be advised that the application for an Interim Permit Person Transfer Liability Co , Series 7 Liquor License submitted for Pizza Hut located at 240 S Phelps Drive. Apache Junction, Arizona, was posted on May 15, 2012, in accordance with state law The Apache Junction City Council will hold a public heanng on June 19, 2012 at 7 00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction. at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, June 6, 2012, in order for this application to be placed on the City Council agenda If you have any questions concerning this matter, please contact my office at 474-5068 Sincerell.y, Kathleen Connelly :f City Clerk •\rnce 0801 982-8002 • 1 AX I1$0 982 '018•TDD(480)983-0095 • t.ww ajcit nLi 00 r• Supersotton Boulevard path Junci.on, '�T 85219 k. MAY 15, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY. CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR PIZZA HUT Ms Theresa Morse has submitted an application for an Interim Permit, Person Transfer. Limited Liability Co Series 7 Liquor License for Pizza Hut located at 250 S, Phelps Drive, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday. June 6, 2012, in order for this item to be on the agenda for the City Council meeting of June 19, 2012 /'\ ,01.144 Janet Mason From. Rudy Esquivias Sent: Thursday,June 07, 2012 9 25 AM To. Janet Mason Subject. RE application for a liquor license for Pizza Hut part 1 The Planning Division has no object'ons to this liquor license request from Pizza Hut They are proper y zoned for a restaurant which also serves liquor egel#oeiquivia Senior Planner/Zoning Administrator Ci;y of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 4E30-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday trro,,gh Thursday from • 00am 5 COpro, closed Fridays and uo .days ) From•Janet Mason Sent:Tuesday, May 15, 2012 2 47 PM To. Jeff Robinson, Rudy Esquivias Subject: application for a liquor license for Pizza Hut part 1 Please have your department recommendation to me no later than Wednesday,June 6 This appl:iation will come in two emails as it is quite large(they included the contract in it) Janet Mason Dep,sty City Clerk es City Ot Apacne Junction 300 E Superstition "Blvd Apacne Junction,AZ 35110 +80 474 5068 Jrnason@ aicity net Service Over dnd Above tne Rest This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body 1 /\ a PD1tCE Apache Junction Police Department ; a.., Memorandum i ia2(f'� DATE May 21 2012 eIN TO Janet Mason Chief Jerald Monahan THROUGH Captain Troy Mullenderzr`. FROM Lieutenant Jeff Robinson SUBJECT Pizza Hutt and Liquor Ms Mason, On May 19, 2012 Sergeant Glen Durkin went to the Pizza Hut located at 240 South Pnelps. regarding their request for liquor license Sergeant Durkin met with employees who advised him there were no expected changes to the bus 'ess at this time Ser, ant Durkin also advised that the state and city request for license was posted as required and .311 documentation appeared to be in order Cur-•3ntly the Apache Junction Police Department has no objections to this request Aar siAr 'r Apache Junction Police Department POLICE` Memorandum 4q.pN I)AIE (t i9, 201_ 10 I t Robinson I HROMH 1 ROM Sit Durl.m St Bit t 1 Pitza Hut 240 S Phelps Dr Sir. I he Apache Junction City torms for this application shoves 250 S Phelps It's listed for the agenda anaunceinent Pi/za Huts address is .240 S Phelps I he liquor license application does show~ the correct address and the documents appea r in order I \vent to Pi7ra I lut and spoke to the employee, The} told me that the stall and current management a ill stagy the sane I he ownei is residing in Kingman A7 I his is an established business vs ithin tau city limits I have no objections to this application p ,�e District Ace+e 1 ,1 ,n Arizona d�te0 `,rE)U/y�, / '1`O GopmG.cwioq o, Qom= Apache Junction Fire District vnou°Lr spa ! .. `�! 565 North Idaho Road, Apache Junction, AZ 85219 'Eojs ` Phone (480) 982-4440, Fax(480) 982-0183 '�AtAcciti o�I.t'°s �� o. n<<'rnati-n MEMORANDUM TO: Jan Mason, Deputy City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Jct,AZ 85219 FROM: John Suniga,Deputy Fire Marshal _ DATE• June 6,2012 SUBJECT Application for Intrem Liquor License for 250 S.Phelps,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 250 South Phelps, (Pizza Hut) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You. JOS ATTN Application Janet Mason From: tjmorse1208@q.com Sent: Wednesday,June 13, 2012 9 27 AM To: Janet Mason Subject: Request for Continuance City Council Heanng_Pizza Hut Dear Ms Mason, have two city council meetings scheduled for June 19th at 7.00pm I am formally requesting that the hearing for Pizza Hut be continued to the July 3rd city council meeting so I may be present Please send confirmation via email that this item will be continued Thank you for your assistance If you have any further questions I may be contacted at the number listed below. Sincerely, Theresa Morse 480-353-8035 cell i ROLL CALL VOTE NOTES: oil 0\\T ITEM # MEETING OF wi/Nr.) (2MOTION BY: SECONDED BY: ` YES NO ABSTAINED COUNCILMEMBER SERDY V VICE MAYOR DIETZ COUNCILMEMBER EVANS COUNCILMEMBER WILSON J COUNCILMEMBER WALDRON COUNCILMEMBER BARKER I MAYOR INSALACO V UNANIMO J S IN FAVOR OPPOSED ABSTAINED TOTAL AIM i• ITEM NO.12 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO., SERIES 7 LIQUOR LICENSE FOR PIZZA HUT, SUBMITTED BY THERESA MORSE, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For PRESENTATION BY THE GREATER PHOENIX ECONOMIC COUNCIL ON THEIR CONTINUED EFFORTS 2. Will JOHN KRUGER, VICE PRESIDENT OF BUSINESS DEVELOPMENTOF THE GREATER PHOENIX ECONOMIC COUNCIL speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. �Q ,Ln� . z city o,f Apache juncron Home o/ the Supet:ctitron llountarns m 4Pizot * Print TO: City Manager's Office FROM: Steve Filipowicz, Economic Development Director DATE: June 19, 2012 agenda Type : Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: PRESENTATION BY JOHN KRUGER, VICE PRESIDENT, BUSINESS DEVELOPMENT, OF THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC) ON THEIR CONTINUED EFFORTS. STAFF WILL PRESENT ON AND DISCUSS THE AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES RENEWAL AND THE APPOINTMENT OF A COUNCILMEMBER AS THE CITY OF APACHE JUNCTION REPRESENTATIVE TO THE GPEC BOARD OF DIRECTORS ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: John Kruger, Vice President of Business Development for GPEC will provide an overview of their continued efforts The City of Apache Junction joined the GPEC in 2007 and has consistently renewed its membership The contract provides for national and international business recruitment services and targeted marketing, research, competitive analysis and prospect management for commercial/industrial-type prospects within the city limits This would be a continuation of those services through 2013 and is in the amount of $20,963.00 based on a standardized population-driven formula. Councilmember Serdy currently serves as the city representative to the GPEC Board of Directors .II ISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available of \ 1'\ ITEM NO. 13 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME oak Pp/•Ckf °k 1 - City of ache Junction z Home of the Superstition: •l olllltain 4R12°N* Print TO: City Manager's Office FROM: Mayor John Insalaco DATE: June 19,2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION ON JULY 2, 2012 AND/OR JULY 3, 2012 ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE NOTES: ,j0 ITEM # \\'\ MEETING OF 1.6\ MOTION BY I SECONDED BY latir YES NO ABSTAINED COUNCILMEMBER BARKER ✓ COUNCILMEMBER WALDRON 1 COUNCILMEMBER WILSON COUNCILMEMBER EVANS VICE MAYOR DIETZ COUNCILMEMBER SERDY /✓ MAYOR INSALACO UNANIMOUS,` IN FAVOR OPPOSED ABSTAINED TOTAL �• ITEM NO. 14 I MOVE THAT THE SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION BE HELD ON MONDAY, JULY 2, 2012 OR TUESDAY, JULY 3, 2012 AT 7.00 P.M. IN THE CITY COUNCIL CHAMBERS ROLL CALL VOTE NOTES: 7‘\-12 ITEM # MEETING OF MOTION BY: SECONDED BY Uv YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY If COUNCILMEMBER EVANS v COUNCILMEMBER WALDRON MAYOR INSALACO u UNANI OUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 15-16 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7 00 P M BE HELD ON MONDAY, JULY 2, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5 45 P M BE HELD ON TUESDAY, JULY 3, 2012 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M ROLL CALL WS 1�� REG W ICI " SPEC: CITY COUNCIL P / A P / A P / A MAYOR INSALACO VICE MAYOR DIETZ I COUNCILMEMBER BARKER i! COUNCILMEMBER EVANS COUNCILMEMBER SERDY (� COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL iii CITY STAFF \C 1S City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly • City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Economic Development Director Steve Filipowicz Assistant to the City Manager V Matt Busby OTHERS: sf1' Date: 1 / —f ar,' CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public LAC (One Form Per Item Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? a NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) i;-/0, Zc90.-r( (/ PS—( Address City Zip Code /f&o -3�9--e g7 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. Signature of Parent/Guardian Date 02/23/12 Date: (1/ ?// CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public s (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. 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. l- y4 //,t /f/ Name (Print) Address City Zip Code ff/� Cam/ 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: l , 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 Signature of Parent/Guardian Date 02/23/12