Loading...
HomeMy WebLinkAbout2012 12.04 City Council Regular Agenda PLEASE FILL OUT A"REC. .3T TO SPEAK"FORM IF YOU WISH TO ADDR — THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING I i cM. PpACHt✓G • City of Apache Junction ,-6 Home of the .r tipci:l/1t1011 Al m/tains gR1zONh APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA December 4, 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 November 6, 2012. 3 Consideration of approval of Burke's Towing Agreement. Pursuant to competitive bids on April 2,2012, Burke's Towing was awarded one of five police department towing contracts for a five year term Since the contract was awarded,the owners of Burke's Towing sold the business to Norm and Michele Shafer,who desire to accept all assigned rights and obligations under§ 11 of the Towing Agreement. Police Department Management has confirmed the new owners and their operation of the business meet all requirements of the current towing regulations The new owners have requested assignment of all rights and obligations through the end of the term of the Agreement,which ends on April 2,2017 4 Acceptance of award of grant by the Arizona Peace Officers Standards and Training Board in the amount of $30,000.00 for Range Enhancements. Acceptance of award of grant by the Arizona Peace Officers Standards and Training Board in the amount of$30,000 00 for Range Enhancements. The amount of city funds to be expended for this project will not exceed$10,000.00. 5. Consideration on the purchase and award of a fleet vehicle for the Police Department through State Contract #ADSPO 12-016662. Staff requests permission to move forward with the purchase of a Ford Explorer for the Police Department Crime Investigations Division. This vehicle would replace an existing 2002 Dodge Intrepid with 136,000 miles assessed to be in poor to fair condition. The total cost of the vehicle would be$36,653.34(including accessories)to be paid by available Racketeer Influenced and Corrupt Organizations Act(RICO)monies Staff requests authorization to purchase the vehicle through Cooperative State Contract#ADSPO 12-016662 6 Consideration and approval of amendment to the Intergovernmental Agreement/Joint Powers Agreement#11-089 with the Arizona Department of Transportation (ADOT)for Safety Median Improvements on Idaho Road and Old West Hwy. Staff requests approval of the amendment to the Intergovernmental Agreement/Joint Powers Agreement#11-089 The amendment is necessary due to the increase of design work and estimated costs due to both state and federal processes. The design will include analysis which will include raised medians along Idaho Road,ADA compliant sidewalk ramps and crosswalks at the intersection of Idaho Road and Old West Hwy E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time. None. 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. 7 MANAGER'S REPORT 8 PRESENTATION BY AND DISCUSSION WITH DR. BARBARA BARKER OF THE ARIZONA REGIONAL MEDICAL CENTER. 9 PRESENTATION ON THE APACHE JUNCTION POLICE DEPARTMENT(AJPD) BIKE PATROL. Chief Monahan will present on the AJPD's bike patrol 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. 10 APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE#2349 LOCATED AT 2455 NORTH APACHE TRAIL FOR JANUARY 19,2013. This is for the Paws 4 Life Charity Car Show to be held on January 19,2013 The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control 11. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349, LOCATED AT 2455 N. APACHE TRAIL, FOR FEBRUARY 21,2013. This application is for Lost Dutchman Days The next step in the process is for the council to hold a public hearing on the application_ and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 12 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB#1246 TO BE HELD AT 1590 E. LOST DUTCHMAN BOULEVARD ON FEBRUARY 22-24,2013. This application is for Lost Dutchman Days The next step in the process is for the council to hold a public hearing on the application and forward a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control 13 APPLICATION FOR A LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE LOCATED AT 185 WEST APACHE TRAIL#104. This is an application for a new license, Limited Liability Co.,Series 12 liqour license for the Lotus Garden Chinese Cuisine The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 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 J. NEW BUSINESS. The Council shall consider any bus s not yet considered. No member of the public st e 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 Cierk. 14. DISCUSSION ON THE APACHE JUNCTION POLICE DEPARTMENT RENOVATION PROJECT. City council heard a presentation at the November 5 Work Session regarding this proposed project. City staff will discuss the next steps involved in the renovation to the Apache Junction Police Department facility. K COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters. None I- SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 15 EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, DECEMBER 17, 2012. 16. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, DECEMBER 18, 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 NOVEMBER 6, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 6, 2012, at the Apache Junction City Council Chambers pursuant to the notice 401 required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Waldron gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Wilson led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director/City Engineer Giao Pham Development Services Director Brad Steinke Others Present : Senior Project Engineer Emile Schmid Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 1 OF 20 Captain Tom Kelly Development Services Engineer Sam Jarj ice ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT r. BETWEEN CARSONBISE AND THE CITY OF APACHE JUNCTION FOR PREPARATION OF AN UPDATED DEVELOPMENT FEE STUDY AND ORDINANCE IN AN AMOUNT NOT TO EXCEED $76, 240. 00; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE RENEWAL OF THE INTERGOVERNMENTAL LEASE AGREEMENT BETWEEN THE WATER UTILITIES COMMUNITY FACILITIES DISTRICT AND THE CITY OF APACHE JUNCTION FOR OFFICE SPACE AT THE CITY HALL COMPLEX IN THE ANNUAL BASE RENTAL AMOUNT OF $15 PER SQUARE FOOT UP TO 2, 000 SQUARE FEET; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL BY THE CITY ATTORNEY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS r None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Barker announced the Boys and Girls Club held a breakfast for their sponsors. Mayor Insalaco commented he and the city manager were invited to Phoenix a couple of weeks ago to attend the U. S. Green Building Council. The city got an award for the city buildings . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 2 OF 20 Phoenix, Tucson and Scottsdale got awards for buildings in their communities, not their city complexes . City Manager George Hoffman added it is for leadership in energy and environmental design. It is a voluntary program that is market driven. Many of the people in attendance were from the private sector. We were the only city that was not a large city to get an award. It is not just about being green, it is about creating healthy spaces for the public and for the employees . It is about being energy efficient . Councilmember Serdy commented they lost a couple of longtime restauranteurs along the Trail in one week. Richard from Scuttlebutt' s has passed on along with Elvira from Elvira' s . He added there is a new Chinese restaurant in the old Domino' s building and they will now have a Super Walgreens . Councilmember Serdy requested the candidates and their workers get their signs down quick as this is election day. Councilmember Barker commented the Festival of the Superstitions is this weekend. There will be booths, music, entertainment and an auto show. It is down by the Chamber of Commerce . Councilmember Waldron reminded everyone of the Veterans Day Parade on Sunday morning from the Focal Point . Mayor Insalaco commented he has been asked why the city is holding Veterans Day on a Sunday. It is because Veterans Day is November 11 no matter what day of the week it is . CITY MANAGER' S REPORT City Manager George Hoffman read a note complimenting the library, commented on another Safe Routes to School Grant, commented on the police department receiving a grant for spay and neuter, read a note from Mike Munion of Mountain Health and Wellness complimenting an officer' s response to a volatile situation, and read a note from the police chief to that officer on the same situation and commented on the Rock 'N Roll Paint-a- thon. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 3 OF 20 Apache Junction Chamber of Commerce Chief Executive Officer Larry Johnson gave a presentation on the upcoming Festival of the Superstitions Event . Councilmember Wilson thanked Larry for presenting the educational opportunity for the business disaster preparedness event . He talked to one person who appreciated although the turnout was small and requested it be continued and added to. City Manager George Hoffman commented the council has challenged him with building depth in our organizational structure throughout the departments and having a clear number two and having succession plans in place in case anything should happen to that department head. The chief has done that and has hired Tom Kelly as the clear number two position in the department. He congratulated him. Captain Tom Kelly announced the promotion is effective November 18 and gave an update on the Violent Criminal Apprehension Program. Councilmember Serdy commented Captain Kelly attended the Federal Bureau of Investigation Academy in Quantico, Virginia. He asked how many other officers have had the privilege to do that . Captain Tom Kelly stated he believes he is referring to the national academy. Councilmember Serdy commented that is correct . Captain Tom Kelly stated they have had two officers from Apache Junction attend: Captain Troy Mullender and Lieutenant Jeff Robinson. The latter just graduated. Public Safety Director Jerald Monahan is also a graduate from a few years ago. Councilmember Serdy asked what benefits they get out of that and if the training trickles down to other officers . Captain Tom Kelly stated it gives executive level training. They get a lot of contacts and they get leadership training. They teach you how to present at public forums, how to interact with other agencies and other in-service programs . It is a 3 month intensive academy with attendees at lieutenant or higher. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 4 OF 20 /W p The last academy of 260 graduates had attendees from every state in the union and 25 foreign countries . Councilmember Serdy asked if they will be getting more invitations for that. Captain Tom Kelly stated they are hoping they will. They are very selective, both in background and being physically fit . Am. Councilmember Barker asked if they can tap into all the programs he talked about via this process. Captain Tom Kelly stated they can tap into them. They currently have three investigations to date in that program. One is the Highway Serial Cases that they are looking into for a cold case in the 1990' s. Councilmember Barker commented this is fascinating. Captain Tom Kelly stated the work they do there is phenomenal. They interact with department heads on this at no cost . He can tell victims' families exactly all the things they have done. Councilmember Barker commented this joins departments across the nation creating a nationwide push. It is incredibly important . Vice Mayor Dietz commented it is a fantastic program and he is proud of the department for taking advantage of it. It will be a plus with the cold case guys coming on. Councilmember Serdy commented he mentioned the cost is minimal .•, to the city. Captain Tom Kelly stated there is no cost at this time. The hook up with the internet is at no cost, they just have to continue to be sure to log in. The analytical side is also free. There are certain criteria needed to put it in the fourth category. If they ever have one of these situations come through, although they are only putting in old cases right now, it is a win-win for them. He then introduced Randy Stricker, the volunteer working with the cold case files . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 5 OF 20 Mr. Randy Stricker gave a brief overview of his law enforcement background and the city cold case files program. Councilmember Waldron asked if when he said cleared missing person cases that they had found a missing person. Mr. Randy Stricker stated that is correct . They have been identified as alive and well . A lot of them are when the person has taken his vehicle and a gun and they suspect foul play. They were able to locate them and they are alive and well. Another was when someone left after a domestic altercation, left with a gun, the other party followed and got the gun, the person left and had not been seen for two weeks . They located that person alive and well . Those are the kinds of cases that could come back and haunt the city if they had not been identified. He continued with his overview. Councilmember Serdy asked how many hours he puts in a week. Mr. Randy Stricker stated he works 10 to 12 hours per week. PUBLIC HEARINGS ORDINANCE NO. 1387, CASE PZ-3-12, REQUEST BY GLEN A. WILT, JR. , REPRESENTED BY DAN KAUFMAN, TO REZONE HIS PROPERTY FROM MULTIPLE- FAMILY RESIDENCE ZONE AND GENERAL RURAL TO CONVENTIONAL SINGLE- FAMILY HOME/RESOLUTION NO. 12-36, CASE SD-2-12, A PRELIMINARY PLAT SUBDIVISION WITH PRIVATE STREETS AND RESIDENT AMENITIES TO BE CALLED `STAGECOACH TRAILS" Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco requested the applicant address the council . He added he is pleased to see some subdivisions going in on the north side of the city. They are needed. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 6 OF 20 Mr. Dan Kaufman addressed the council . He stated he had developed other communities in Apache Junction such as Jacob' s Ranch, White Dove Ranch, Broadway San Marcos, Terra Morado, Lantana Villas and he will now be doing Stagecoach Trails, which will take him over 700 homes developed in Apache Junction. The amenities will include extensive landscaping, a pool, clubhouse that includes a large patio, full kitchen, large screen television, workout equipment, outdoor shower, restrooms, patio furniture, a grill and a sand tot lot . The retention areas will include an enclosed dog park for more neighborhood socialization. They will provide pedestrian paths through the landscaped areas to the amenities for easier access . The main entrance will have a western motif to keep with the legacy of this property. They will have adequate parking at the clubhouse and overflow parking in front of lots 43 through 50 . Most people walk to the clubhouse and frequently show up at different times . The interior streets will have 10 to 12 street lights throughout the community. He maximized the mountain views for the neighboring residents after a neighborhood meeting in September. Only 4 lots are close to the fronting of Main Street . They all have the retention area, setbacks, landscape and the street in front of them. On the closest of the four, lot 1, he will only do a single level home . He showed them examples on the overhead. They should retain 88% of the mountain views . He and his wife will be sole owners of the property. He described the process he uses to purchase and record the property. Councilmember Serdy commented there is a lot of vegetation on the property. He asked if it is all creosote and brush or if there is anything worth saving. Mr. Dan Kaufman stated it is a mixture. There is a lot of trash in there, also. He believes a lot of people sleep in there. Councilmember Serdy commented it is all fast-growing brush with nothing worth saving. Mr. Dan Kaufman stated they will if they can. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 7 OF 20 Councilmember Barker asked when he planned to break ground on the project. Mr. Dan Kaufman stated they plan on the spring. There is a process they have to go through. There is the preliminary plat, the final plat, the Arizona Department of Water Resources, the Arizona Department of Environmental Quality, with a lot of processing in getting the plans drawn up, engineering done and getting them passed through the city. It takes about 3 months. He would like to break ground in February or March. It takes about 6 months to move the dirt and get it ready so he is looking at the fall of next year for construction. Vice Mayor Dietz asked if he would have a street light district for the street lights or will they be something they pay out of their homeowners association. Mr. Dan Kaufman asked if he meant internally. Vice Mayor Dietz commented the cost for the street light power. Councilmember Barker asked if he meant the internal streets like Roundup and Main. Vice Mayor Dietz commented they will have a couple on Roundup and Main, but they will also have some internal streets. Mr. Dan Kaufman stated Salt River Project has a program where they put them in and you usually lease them for so much. It would be a homeowners cost for the lights . Vice Mayor Dietz commented there is lot of water that goes into the one lot. He did not think it looked like it would be able to handle it with what he has . Mr. Dan Kaufman stated he is not an engineer. If they would like engineering questions REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 8 OF 20 answered, he would bring his engineer up to answer them. The engineer has to design this project to retain the water on site. Vice Mayor Dietz commented it looks like there is a culvert running underneath Main in the northwest corner of the project at Roundup and Main. Mr. Dan Kaufman stated that ,.� culvert exists there. They are some extensions for the flow. Vice Mayor Dietz asked if they will be adding more or smoothing it somehow. Mr. Dan Kaufman stated when he does the site he will have to widen the road. He will have to extend those because it will widen the road. They are not adding; they are just leaving what is there . Vice Mayor Dietz commented he was concerned about the water flow from storms and how it will be handled on the property. Mr. Duran Thompson, the engineer representing Dan Kaufman and D & M Engineering, addressed the council . They have done a lot of offsite flow analysis . They know what the flow is onto the property from the northeast corner as well as the middle of the project . The flow comes in from the east side and the north side. They will see more engineering on the construction plans . The cul-de-sac on the northeast corner is there to handle all that flow and dissipate it and the energy from that water before it gets into the channel on the north side. They have a concrete-lined channel that will go across the north side that is 20 feet wide. Vice Mayor Dietz asked if that is on Roundup. Mr. Duran Thompson stated that is correct . It does not appear to be a 20' channel but if they look at the cross sections they will see that it will handle a lot of flow. He drove down there through the last couple of storm events and has seen the amount of water there. He has talked to some of the angry citizenry there. They were REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 9 OF 20 already blaming the development for the flooding situation when they had not done anything yet. They are going to help the situation considerably by the design. There is a 20' wide easement along the east side of the subdivision as well to take water from the subdivision into the east side. Vice Mayor Dietz asked if that will be a channel running the length of the property on the east side. Mr. Duran Thompson stated that is correct, as well as a channel on the south side running the length of the property. They have done the calculations for that and for as long as it is and being concrete, it will take a lot of flow around the property. Vice Mayor Dietz commented he had been worried about that corner He asked if the water will be getting dumped on the southwest side on Main. Mr. Duran Thompson stated they are currently working that out with the public works people. They are having conversations . Vice Mayor Dietz commented they are having conversations on where the water is going to go and if there is enough retention on the property. Mr. Duran Thompson stated they are developing the road all the way down to Main in order to address some of those issues. It is a little trade off they have done instead of developing the road on Roundup. They are trying to discourage traffic on Roundup. Mayor Insalaco opened the public hearing on the items . Mr. Andres Jacquez, 1755 W. Roundup Street, addressed the council . He stated spoke with Duran, Sam Jarjice and Emile Schmidt today. He thinks what they have going is adequate. He is concerned with the elevation reflected on the drawing. The north channel is 1 . 6' in depth and he is curious to see where they are getting their elevation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 10 OF 20 He has been in construction his entire life and he can see it is taller than 1. 6' . He requested they check it one more time to assure the water will have a gravity flow. In that area there is a big dip and then it goes up. They will have a view fence at the property line that will recess back towards the south about 80' and then it becomes a block wall. If something goes wrong with the offsite water, it will bottleneck and go straight onto his property. He was told the possibilities were not ,.� really there. Mayor Insalaco asked Mr. Duran Thompson to address the concern. Mr. Duran Thompson stated they shot about 4, 000 elevation shots with their GPS on this . They know where the elevations are. They do it for a living. If he were a citizen here he would be concerned also, so he is glad to see they have a citizen that is looking out for his property and understands the floods and concerns . He was there when it was raining and he saw the water coming down the street . He would have concerns if he was living there, especially with someone coming in and changing the situation. He does not know what else to say to him to assure him. The cul-de-sac is designed so that it is lower than his property elevation. It is designed for an overflow from a 100-year storm. The last storm had a lot of water but did not register as an event . The water blew the manhole covers off on University. That storm was enough to flood some of those properties . The safety design on their development is that the street will overflow into the ditch on the street before it will go onto his property. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion. Councilmember Barker commented Rudy presented three possible conditions to this rezoning. One was the pedestrian path, the second was no two story buildings located along the west row, and the third was to gunite or riprap the channels . She asked if the council was interested in implementing any of those. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 11 OF 20 Councilmember Waldron commented he is not. He thinks 800' is very generous for mitigating a view situation. He could have presented all of those lots for two story buildings . Councilmember Barker commented she likes the pedestrian path. Vice Mayor Dietz agreed. Councilmember Barker commented she likes them as a condition even though she knows Dan will probably put them in anyway. It would be nice to have it there. She asked what the drainage channel advantage is for. Mayor Insalaco commented it keeps the weeds out. Councilmember Barker commented that would be a good one to have. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1387 BE READ BY TITLE ONLY AND 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. Councilmember Barker MOVED THAT ORDINANCE NO. 1387, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS : TWO MORE CONDITIONS ADDED, FIRST, PEDESTRIAN PATHS SHALL BE REQUIRED IN THE LANDSCAPE TRACTS ALONG THE WEST SIDE OF THE SUBDIVISION FOR REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 12 OF 20 BETTER INTERNAL CONDUCTIVITY TO THE PLAY AREAS FROM THE NORTH AND SOUTH SIDES OF THE SUBDIVISION; AND TWO, GUNITE OR RIPRAP IMPROVED DRAINAGE CHANNELS SHALL BE PROVIDED WHERE NEEDED TO CONVEY WATER AROUND OR THROUGH THE SUBDIVISION. Councilmember Evans SECONDED THE MOTION. s► VOTE: Unanimous . The motion carried. Vice Mayor Dietz MOVED THAT RESOLUTION NO. 12-36, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "STAGECOACH TRAILS" SUBDIVISION, IN CASE SD-2-12, BE GLEN A. WILT, JR. , REPRESENTED BY DAN KAUFMAN, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a ten minute break. Mayor Insalaco reconvened the meeting. ORDINANCE NO. 1386, EXEMPTING ART FROM THE PUBLIC PROCUREMENT CODE ) City Attorney Joel Stern briefed the council on the item. Councilmember Barker asked if the wording in paragraph 3 for public art precludes someone from selling a piece of art that was not specifically prepared for public purpose for the city without going through the bidding process. It says art that is specifically planned and executed for a specific location in the public domain and so on. She REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 13 OF 20 gave as an example a Mr. Jones gets commissioned to build a 6' coyote with the moon hanging over it for Mrs . Smith. Mrs . Smith says she does not like it and does not want it, but the city says it likes it . She asked if this would exclude the sale from Mr. Jones to the city. City Attorney Joel Stern commented the question is where the piece of art is going to be placed; whether or not it will be viewable from a public right- of-way. Councilmember Barker commented the words she is interested in are "planned and executed with the specific intention of being sited or staged in the physical public domain". She asked if it is the planning from the beginning of the artwork or the planning from the time we decide to buy it . City Attorney Joel Stern stated it is the plan of where they want to put it . That is what it goes to. It is the intent of the council of where it is going to go. That is what makes it the public purpose . Councilmember Barker commented she understands that but she thinks they are talking two different things and she is having a great deal of difficulty communicating. Councilmember Wilson asked if she was saying that if he had a piece of art that he would want to give to the city to put somewhere or give something to the city. Councilmember Barker commented they can take that since it is a donation. City Attorney Joel Stern commented it is a piece that someone created with the initial intent to not put it in a public place. Councilmember Barker stated that is the question. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 14 OF 20 p A City Attorney Joel Stern stated the question is where it ends up. Councilmember Barker commented her question was if it Is not specifically intended for that but then becomes that later on, it is okay. City Attorney Joel Stern A,{ stated if it becomes that later on, then it is good. Mayor Insalaco opened the public hearing on the item. 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 ORDINANCE NO. 1386 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED �► THAT ORDINANCE NO. 1386, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 15 OF 20 None. NEW BUSINESS FISCAL YEAR 2012-2013 PROFESSIONAL SERVICES AGREEMENTS WITH HUMAN SERVICE AGENCIES TO PROVIDE IN-CITY SERVICES IN TOTAL AMOUNT OF $85, 000) Councilmembers Waldron and Evans declared a conflict of interest on this item and left the chamber. Councilmember Waldron declared he also had a conflict with the next item. City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker commented the health and human services commission did a wonderful job. Vice Mayor Dietz agreed. Mayor Insalaco commented it is not an easy task for the commission. Vice Mayor Dietz commented it is very difficult when we get requests for so much more than we can help with. He would love to be able to take care of all of it . The commission has a tough job in breaking it down and having to say no. It is really hard. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED OCTOBER 31, 2012, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2012-2013 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $25, 000; THE BOYS AND GIRLS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 16 OF 20 CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $8, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14, 000; EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $26, 000; AND MOUNTAIN HEALTH AND WELLNESS IN THE AMOUNT OF $12, 000; FOR A TOTAL AMOUNT OF $85, 000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Evans was called back into the chamber for the next item. DIRECTION TO STAFF DIRECTION TO STAFF REGARDING THE SEWER DISTRICT City Manager George Hoffman briefed the council on the item. Councilmember Wilson commented he is not serviced by the sewer district but he would like to fully understand. He has accepted the tour for November 13 in the afternoon. He could not attend the previous ones they had as he was out of town. He wants to fully understand what they do, what their rules are, especially the requirements for hooking up to the sewer and what drives that . Those are some of the things that he wants to be educated on. The history of the sewer district would be helpful . He has lived here since 1990 and he remembers voting on whether the city wanted to take the sewer district initially. He remembers the conversations that were going on at that time. He knows a little bit of the history on it but he feels they need to fully understand as they do get phone calls from people. He has had to tell them to call the sewer district as he has no information. It would be helpful for him to be able to pass that information on to our citizens if it ever comes up again. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 17 OF 20 Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE SEWER DISTRICT: THAT WE FOLLOW GEORGE' S RECOMMENDATION AND TAKE A FEW MONTHS TO LOOK AT EVERYTHING AND GET AS MUCH INFORMATION AS WE CAN AND REVISIT THE ISSUE AT A LATER DATE. (City Manager George Hoffman recommended during his briefing the following: the r` council spend the next few months, perhaps as time allows, availing themselves of the district' s offers for tours, their offers for orientation, that they seek out and review such policies, procedures, et cetera as they have, send Joel and he back to get whatever details they might be looking for, and that perhaps late next spring they invite the district in to do some public presentations on some of the key policy areas or practice areas that they would want the public to understand. ) City Manager George Hoffman asked if that included some public information later on. Vice Mayor Dietz commented it includes everything he said. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron returned to the chamber. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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, DECEMBER 3, 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, DECEMBER 4, 2012, IN THE CITY COUNCIL CONFERENCE ROOM. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 18 OF 20 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: r. Mr. Joseph Nuciforo, Jr. , 1891 S. Buena Vista, Apache Junction, addressed the council regarding the road conditions in the Superstition Estates and requested things be taken care of. Councilmember Barker requested the city engineer contact him and see what can be done. ADJOURNMENT Mayor Insalaco adjourned the meeting at 9: 00 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 16, 2012 . 3 . Authorization to enter into a professional services agreement with CarsonBise to prepare an updated development fee study and ordinance in an amount not to exceed $76, 240 . 00. 4 . Consideration of approval of lease agreement with Water .•► Utilities Community Facilities District for office space in the city hall complex. ACCEPTED THIS 4TH DAY OF DECEMBER, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF DECEMBER, 2012 . JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 19 OF 20 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 6th day of November, 2012 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of November, 2012 . 7i27-7 (/:1 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 2012 PAGE 20 OF 20 C; Junction .` CHf�G� ty of71. ache Home of the Siterciifion Mountains zot: Print TO: City Manager's Office FROM: Clyde Allison, Sergeant DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area. Public Safety TITLE OF AGENDA ITEM: Consideration of approval of Burke's Towing Agreement ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Pursuant to competitive bids on April 2, 2012, Burke's Towing was awarded one of five police department towing contracts for a five year term Since the contract was awarded, the owners of Burke's Towing sold the business to Norm and Michele Shafer, who desire to accept all assigned rights and obligations under§ 11 of the Towing Agreement. Police Department Management has confirmed the new owners and their operation of the business meet all requirements of the current towing regulations. The new owners have requested assignment of all rights and obligations through the end of the term of the Agreement, which ends on April 2, 2017 FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Acceptance of Assignment ATTACHMENTS: Click to download D Staff Report D Towinq Agreement-Burke's Towing D Burke's Towinq-request for reinstatement bk AGHF� � y O c+� City of Apache Junction 4q, ° Department of Public Safety MEMORANDUM DATE: November 13,2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager FROM: Clyde Allison Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant SUBJECT: Recommendation for continued rotation of the tow company Burke's Towing Staff respectfully recommends that the contract the City signed with Burke's Towing be allowed to continue under the new ownership of Norm and Michelle Shafer The tow company, under the ownership of the Shafer's, will operate under the Burke's Towing name and will be located in the same building and yard. The company will also utilize the same phone numbers. This new ownership will have little effect on the daily operations with the Police Department The new owners will utilize the same vehicles as outlined in the current contract. One new vehicle will be added with a placard stating it is affiliated with Burke's Towing as required by Arizona Department of Public Safety("DPS"). Officer Brian Bullard with DPS (602/379-1047)has advised that Norm and Michelle Shafer have completed all requirements with DPS to be a tow company in the State of Arizona. The only significant change to Burke's Towing will be the new owners. Norm and Michelle Shafer are long time residents of Apache junction, Michelle Shafer has grown up around the tow industry in Apache Junction and is know by many city employees. Norm Shafer is a probation officer with the Pinal County Probation Department His office is in Apache Junction. Norm is a retired Apache Junction police officer. Karl Kroner will be a new driver with Burke's Towing, but has been a tow driver for approximately 9 years He has been employed with companies operating in Apache Junction. With the information I have received to date, it is my recommendation that the City of Apache Junction continue the contract with Burke's Towing under the new ownership of Norm and Michelle Schafer 1 Check list for new/change on City Tow Company Background checks owners was completed on September 19, 2012 Outcome. Satisfactory 4m.. Background checks new driver(s)was completed on September 19, 2012 Outcome Satisfactory Inspection of property was completed on September 17, 2012 Outcome. In compliance Inspection of tow vehicles was completed by DPS Officer Brian Bullard Outcome. In compliance Meets or exceeds Arizona Administrative Tow Regulations (R-13) Meets or exceeds the requirements of Request for Proposal #PD-201 1-03 Proximity to Focal Point Same location as accepted on original bid/ 1.5 miles Satisfactory tow history with AJPD o Burkes towing was accepted with original bid o Business has great history, however under new management 2 CITY OF APACHE JUNCTION AGREEMENT FOR TOWING AND VEHICLE STORAGE SERVICES PROJECT NO. PD 2011-03 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and BROKEN WHEEL ENTERPRISES dba BURKE'S TOWING, an Arizona limited liability company ("Contractor"). RECITALS A. Contractor has responded to City's request for proposal via RFP PD 2011-03, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services. C. City has complied with the public bidding requirements under Arizona Revised Statute Titles 28 and 34 and Apache Junction City Code Article 3-7. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with the contract documents as fully described in the Notice Inviting bid Proposals for Project No. RFP PD 2011-03 which includes all required specifications. 2. PRICES: Prices shall be governed under Exhibit A for the performance of the work under the contract documents. 3. CONTRACT TERM: The Term of this Contract shall be performed from April 2, 2012 through April 2, 2017. Renewals shall only be allowed as mutually agreed upon in writing by the Parties. 4. 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, utilities, transportation, other facilities and services necessary for the proper execution 1 and completion of the work whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 5. 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. 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. 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 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. 8. 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 tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of 2 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. 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 Pine! 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 minimum insurance as specified in the Arizona Administrative Code for providing Tow Services, and other additional requirements set forth herein. 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 contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-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. 3 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, required by this Agreement, shall name City, its agent, 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 00011-93 or any replacement thereof. In addition, automobile liability coverage of at least $1 million per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Garage liability coverage shall be required for minimum limits of $1,000,000 per accident, $2,000,000 aggregate Motor truck cargo "on hook" liability is required at a minimum limit of $50,000. Garage keeper's legal liability coverage is required with a minimum limit of$100,000 per location. 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, City and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the 4 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 (Not Applicable to Sole Proprietorships) 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 subcontractor 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 Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. 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) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to City. 11. 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. 5 12. 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. 13. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 14. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 15. TERMINATION OF CONTRACT. If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor. The City may terminate the contract at any time by giving at least twenty-four (24) hours notice in writing to the Contractor. If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date. 16. APPEALS: All contractual grievances shall be submitted in writing to the Tow Sergeant within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the Tow Sergeant shall respond in writing to the tow company. The tow company may within five (5) calendar days appeal this decision to the Tow Lieutenant if the appeal is denied, who shall have five (5) calendar days to respond to the tow company. The tow company shall have five (5) calendar days to appeal to the Tow Captain if the appeal is denied, who shall have five (5) calendar days to respond to the tow company. The tow company shall have five (5) calendar days to appeal to the Police Chief if the appeal is denied, who shall have five (5) calendar days to respond to the tow company in writing. The Police Chief's 6 decision shall be final and binding, subject only to a further appeal by the tow company in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 17. 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 three (3) 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. -� 18. 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. 19., 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. 20. 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. 21. 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 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 7 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. 8 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this ,,,;7‘ day of / ?4<cA , 2012. BROKEN WHEEL ENTERPRISES dba ,BURKE'S TOWING, an Arizona limited liability company . .Z__,--/0-7 By: Luke Burke Its: Owner CITY OF APACHE JUNCTION, ARIZONA, an Arizona m nicipal corporation -Q(r1-4 t' AZ----'tt7 .1By: John S. Insalaco Its: Mayor ATTEST: 7L/--- /- / ,J7 Kathleen Connelly, City Clerk/ APPROVED AS TO FORM: R. Joel Stern, City Attorney 9 EXHIBIT A TOW RATE SHEET Towing (All Day, Any Day) Light Duty $80 1st hour $20 every 15 minutes after Mileage $5.50 Medium Duty $160 15t hour $40 every 15 minutes after Mileage $7 00 Heavy Duty N/A Mileage N/A Gate $55 light/medium vehicles Additional Services Dolly $55 light vehicles, plus hourly rate $110 medium vehicles, plus hourly rate Winching (per foot) $2 light vehicles for one cable, plus hourly rate $4 medium vehicles for one cable, plus hourly rate Stand-by (per hour) N/A Clean-up (per hour) N/A Helper(per hour) $48.00 Bumper Removal No fee for light vehicles; $60 medium vehicles, plus hourly rate Driveline Removal No fee for light vehicles; $60 medium vehicles, plus hourly rate Storage (Per Day) Passenger Vehicle _ $40.00 Passenger Vehicle w/ $80 00 trailer Motor Home $80.00 Bus $80.00 Other Towing Boat under 25 ft $40 (considered light vehicle) Towing Boat over 25 ft. N/A Inside Storage $65.00 Over Ton Storage $110.00 Additional Charges Up righting $80/hour light or medium vehicles Off road $145 light vehicles; $175 medium vehicles No key N/A Skates $35 light vehicles; N/A all others Fuel Service Charges $20 if gas price is above $3.50/gallon Flat Bed N/A light vehicles, hourly rate for medium vehicles LAW OFFICE OF AMY KUNZ SWANER, PLLC PO Box 2077 Higley,AZ 85236 Phone. (480)442-6450 Fax (480)442-8190 Email amy@swanerlaw corn .. November 6, 2012 SENT VIA FACSIMILE 480-982-5883 Mayor John Insalaco and Town Council ATTN.Joel Stern,City Attorney Apache Junction City Hall 300 E.Superstition Blvd Apache Junction,AZ 85119 RE: Burke's Towing Approval Dear Mr.Mayor,Town Council, and Mr Stern. I am an attorney representing Big Boyz Towing, LLC,d/b/a Burke's Towing&Recovery ("Burke's Towing"), and Norm and Shelly Shafer Recently Ms.Shafer was informed that her company, Burke's Towing,was suspended from the police towing rotation at the City of Apache Junction. We respectfully request that Burke's Towing be immediately reinstated in the rotation Alternatively,if the City Council is required to meet and consider the matter, we request that the City Council place this matter on the agenda of its November 6th or November 20th meetings and formalize the approval of Burke's Towing. If a formal request to be included on the agenda is required,please consider this letter a formal request. Norm and Shelly Shafer have been involved with the City of Apache Junction for a number of years. Shelly managed CL King Towing,one of the original and most respected towing companies in Apache Junction and the surrounding area. Norm retired from the Apache Junction Police Department as a decorated police officer in December 2000. The Shafers have served the AJPD and the citizens of Apache Junction for years Shelly is excited to own and run a small business in Apache Junction. As you might imagine, losing the income from the towing calls it was receiving from the City of Apache Junction has been devastating to Burke's Towing and to the Shafers personally When the Shafers purchased Burke's Towing from Luke Burke,they understood from him that the contract with the City of Apache Junction would transfer to them with the towing business. This understanding was based on conversations that Mr Burke had with individuals at the City of Apache Junction The Shafers were relieved to learn that Joel Stern,the City Attorney, said that the transfer would be approved by the City,so Iong as the Shafers maintained the same standards that all towing providers are required to maintain, such as equipment,insurance,and personnel The Shafers have continually maintained those standards. After buying Burke's Towing the Shafers were directed to Sgt. Clyde Allison,the Tow Sergeant at the Apache Junction Police Department Ms.Shafer provided him with all documents,copies of insurance,and everything that he requested of her Sgt Allison also informed Ms.Shafer that pursuant to the instruction of Joel Stern, the tow truck with the name "Big Boyz Towing"would need to include"Burke's Towing&Recovery." Based on this instruction, Ms. Shafer had the name of Burke's added to the tow truck. Ms.Shafer understood that Burke's Towing was in compliance with all requirements by the City of Apache Junction,and that the transfer had indeed been approved by the City. This understanding was affirmed by the fact that Burke's Towing received twenty tow calls from the City Burke's Towing completed every call successfully,and had no reason to believe there was any reason for concern with the City. Ms. Shafer's understanding from the City now is that two of the other towing companies currently contracted with the City have complained that Burke's Towing should not receive calls until it is officially approved by the City of Apache junction The Shafers' understanding was that the transfer of ownership had in fact already been approved by the City because the City was aware of the transfer,had requested documentation from the Shafers,and had even given a number of towing calls to Burke's Towing,knowing Shelly Shafer owned Burke's Towing. The Shafers have relied on the assurances they received from the City that the transfer was approved The Shafers have always sought to be in compliance with the City of Apache Junction. Shelly Shafer has had an excellent working relationship with Apache junction's Police Department,and Burke's Towing has done an excellent job for the City The Shafers and Burke's Towing want nothing more than to continue to serve the City as an approved towing service provider, and therefore they request that the transfer of Burke's Towing& Recovery to Shelly Shafer's entity,Big Boyz Towing, LLC be formally approved by the City Council. If you would care to discuss this matter further, please do not hesitate to contact me at 602- 697-1965 Than you for your time and attention to this matter Sincer , • y u' er Attorney. .. cc Shelly Shafer, Burke's Towing&Recovery IsACHf GO ofApache Junction U Z Home of the .Supet:ctitiotz Mountains gR1zON* Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Acceptance of award of grant by the Arizona Peace Officers Standards and Training Board in the amount of$30,000.00 for Range Enhancements. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Acceptance of award of grant by the Arizona Peace Officers Standards and Training Board in the amount of$30,000.00 for Range Enhancements The amount of city funds to be expended for this project will not exceed $10,000.00. FISCAL IMPACT: OPTIONS/ALTERNATIVES: mECOMMENDATION: :ward of Contract to Sun Engineering and approval of expenditures. ATTACHMENTS: Click to download O Range Enhancement ❑ Range Enhancement Proposal LU Sky Engineering Proposal Letter U AZPOST Grant Agreement JMINks ¢QACH6a City of Apache Junction Department of Public Safety MEMORANDUM DATE: November 15, 2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager 411— FROM Jerald L Monahan, Chief of P lice SUBJECT: Range Enhancements The Arizona Peace Officers Standards and Training Board("AZPOST") is the certifying body for peace officers in Arizona. AZPOST also requires annual qualifications for all sworn officers of their duty weapons. The City of Apache Junction has a location at the public works site set up as a range, and we have used it for qualification purposes now for several years. From time to time,other agencies have requested the use of our range to meet their AZPOST qualification needs. We have allowed this and it has not presented any problems with our own scheduling needs Because we have shared with other agencies needing to meet the AZPOST qualifications, AZPOST is providing $30,000.00 to enhance our range. Meeting with Range staff, it was determined the most significant enhancement for that amount of money could be a large shade structure similar to what exists at Prospector Park Public Works Manager Shane Kiesow worked closely with the ,.. Police Department and a contractor was identified and offered a proposal that met our needs That proposal is attached to this report. Also attached is the proposal to AZPOST for the shade structure. The structure will provide staff waiting their turn on the range a place to be out of the sunshine or rain. It will give the range master a place to hold on-site trainings/orientations and a place for our officers to clean their weapons following the use of the range. -- --- -1 cN ss i '-„ = Apache Junction Police Department 'lz( • -'"'�QUCar.. v ) 1001 North Idaho Road,Apache Junction,Arizona 85119 Tel 480/982-8260•Fax 480/474-5480•TDD 480/542-3323' v�' y`, Mailing Address 300 East Superstition Boulevard,Apache Junction,Arizona 85119 `YC 1 Jerald L. Monahan Chief of Police October 31, 2012 Rick Watling Arizona Peace Officer Standards and Training Board 2643 East University Drive Phoenix, Arizona 85034 Rick, Per our earlier conversation, here is a proposed range enhancement project for the Apache Junction Police Department law enforcement range Background Prior to 2007, AJPD would travel to Superior or an alternative site miles from our city to have our sworn staff complete their required qualifications The city supported the idea of building a local range, and did so on site of our public works department on the far south end of town. Our officers were able to complete their annual qualifications using this range and it worked out so well that other local agencies requested and were given permission to use our range. i Oft That has now grown to outside agency usage from January 1, 2012 to July 1, 2012, the following: Arizona Department of Public Safety— 37 times (many officers each time) Pinal County Sheriffs Office - 11 times Arizona Department of Transportation —5 times Pinal County Adult Probation —4 times Scottsdale Police Department— 3 times Motor Vehicle Department—2 times Drug Enforcement Administration — 1 time Pinal County Juvenile Probation — 1 time SRP— 1 time COPY Range Enhancement Proposal, page 2 Current Need A little over a year ago, we added a mobile mini storage unit, a clearing barrel and observer location. It is the intent of our department, and the with the city Administration's support, to continue the usage and sharing of our range for many years to come In consideringwhat enhancements could add value to the current range location, the 9I absence of shade structures was mentioned repeatedly In receiving information from range staff about the enhancement of a shade structure, officer fatigue during the heat of the day was mentioned frequently. "� Attached to this proposal is a scope of work from Sky Engineering to design and build a 20 ft X 40 ft steel Ramada structure The total cost will be $39,000 00, with the City of Apache Junction providing $9,000.00 to complete the enhancement Request This proposal requests $30,000 00 from AZ POST to add this enhancement to our range, which is used by multiple agencies to complete their required annual qualifications. Should further information or justification be needed, please do not hesitate to contact me at: 480-474-8596 Sincerely„ i e ald L. I4on han q C ief of Police I i �.► — — -- — - - -.-- - - -- SKY ENGINEERING 5815 N Black Canyon Hwy. Phoenix,Arizona 85015 Phone.(602)595-4178 Fax.(602)595-4166 Contractor's License ROC#170650 A ROC 11217140 B ROC#181955 B-01 October 17,2012 City of Apache Junction 575 E. Baseline Ave. Apache Junction,AZ 85219 Attention: Shane Kiesow,Public Works manager Subject: Revised Proposal per Chief of Police E-Mail of 10/16/2012 for a Ramada in the Vicinity of 1001 N. Idaho Rd.Police Station Apache Junction,Arizona Shane, The scope of work is to Design/Build a 20 FT x 40 FT steel Ramada structure, 10 FT high at its lowest point,the eves,with corrugated metal roof,six steel columns secured with anchor bolts on six(6)concrete spread footings,with 20 FT x 40 FT 3"thick concrete floor underneath the Ramada. Finish of the Ramada structural steel will be shop primed red lead color to be field painted to match the color selected from the color chart for the roof decking of the manufacturer's standard selection colors attached herewith for your convenience. The design parameters for the structure are 90 MPH winds. The cost associated with the above scope of work is$39,000.00. The above figure does not include City of Apache Junction Building Permit fees,if any. The above figure does not include provisions for a Payment and Performance Bond. If one is required,the additional cost will be$975.00. The above agreed upon price of$39,000.00 is based on the following assumptions: 1. The soil is presumed to be sandy as represented during our September 20,2012 meeting; i.e. no hard dig. 2. There are no underground utilities and/or other subsurface obstructions that will interfere with the Ramada footings and concrete floor. - 3. The footing and Ramada floor excavated material will not be hauled off site; rather it will be spread out evenly in the surrounding area. 4. The job site is readily accessible for a pre-mix concrete truck to place the Ramada footings and the floor without concrete pumping, transportation by means of wheelbarrow and/or hand mixing. The time of performance for engineering and design Drawings to be submitted for a Building Permit will be three(3) weeks after the issue of a Purchase Order/Contract and a Notice to Proceed. The time of performance for the field work will be thirty (30) calendar days after receipt of the Building Permit. We are forwarding this correspondence and attachment for your information and necessary action. The price will remain firm for twenty one (21) calendar days from the date of this letter. If we may be of further assistance regarding this matter please contact the undersigned. We are looking forward to working with you on this project. Very truly yours, L/C4t ( i 6--eIrtS14 ` Michael A. Georgopapadakos Cc: Jerald L. Monahan, Chief of Police p II V 1\ , 1st { 44117 v�v AZ POST Contract#2012-018 ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD PEACE OFFICER TRAINING FUND GRANT AGREEMENT This agreement is made under the authonty of A R.S §41-1825(A)and §41-1822(C)(2) and(3) GRANTEE: Apache Junction Police Department Chief Jerald L. Monahan 1001 North Idaho Road Apache Junction,AZ 85119 GRANT AMOUNT: $30,000.00 PROJECT DESCRIPTION: The Arizona Peace Officer Standards and Training Board(Board)agrees to pay the Grantee the above shown sum from the Peace Officer Training Fund, subject to the conditions provided herein, solely for the purpose of purchasing the following firearms range equipment * Enhancement to the existing firearms range with the addition of the 20 feet by 40 feet steel Ramada structure. Total cost will be $39,000.00, with the City of Apache Junction providing$9,000.00 to complete the enhancement. GENERAL CONDITIONS: The Grantee agrees. 1 That the Peace Officer Trammg Fund (POTF) monies will not be used to supplant state or local funds, 2. To expend the POTF monies only for the purpose(s)stated above, 3 To reimburse the Board for any unauthorized or ineligible expenditures and to return any grant amounts m excess of that expended pursuant to the special conditions; 4. To comply with A.R.S. §35-214 and 35-215 with respect to retention and production of records for inspection and audit for a period of five years after completion of the contract, 5 That this agreement may be canceled without penalty or further obligation pursuant to A.R S §38- 511; 6. That in the event of a dispute, after exhaustion of all administrative remedies, arbitration will be used to the extent required by A.R.S. §12-1518, except as may be required by other applicable statutes; 7. To comply with Executive Order 99-4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act; 8 To comply with all procurement statutes, ordinances, rules or policies that may apply to Grantee in the procurement of any goods or services related to this Grant; 9. That the Grantee is acting as an independent contractor and will indemnify and hold the Board harmless for the actions of the Grantee's employees; 10 That every payment obligation of the Board under this Agreement is conditioned upon the availability of funds allocated for the payment of such obligation If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the Board at the end of the period for which funds are available No liability shall accrue to the Board in the event this provision is exercised, and the Board shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, 11 That this agreement may be canceled by the Grantee prior to expending Grant funds upon written notice to the Board and any POTF funds shall be returned to the Board; 12. To assign to the State any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Grantee toward fulfillment of this agreement;and 13. That this is a grant of funds only and is not mtended to and will not constitute, create, give rise to, or otherwise recognize a joint venture,partnership or formal business association or organization of any kind among the parties. 14. The agreement becomes effective on the date signed by the Grantee's agency head and will expire after all funds have been expended or returned to the Board under paragraph 3 of the General Conditions. SPECIAL CONDITIONS: 1. The parties agree that the funds disbursed for this Grant are funds approved by the Board 2 Grantee shall use these funds solely for funding an Enhancement to the existing Apache Junction Firearms Range with the addition of the 20 ft. X 40 ft. steel Ramada structure located at 575 E. Baseline Road,Apache Junction,AZ 85119 For the APACHE JUNCTION POLICE DEPARTMENT Approved as to form, 400 Jer d L. onahan Attorney/Legal Advisor Chief Apache Junction Police Department /1ogIZ ( (-8 -- 1 Date Date For the ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD Approved as to form, DA y e Mann Diana Stabler Executive Director Assistant Attorney General /A- .2 2-- it• -r am Date Date O� PpP.CHfvo City of 4pache junction U 2 Home op he .S lfpei:c/ition Al ozuit ieiis 4RtZOtP Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration on the purchase and award of a fleet vehicle for the Police Department through State Contract#ADSPO 12- 016662 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff requests permission to move forward with the purchase of a Ford Explorer for the Police Department Crime Investigations Division. This vehicle would replace an existing 2002 Dodge Intrepid with 136,000 miles assessed to be in poor to fair condition The total cost of the vehicle would be $36,653.34 (including accessories) to be paid by available Racketeer Influenced and Corrupt Organizations Act (RICO) monies. Staff requests authorization to purchase the vehicle through Cooperative State Contract#ADSPO 12-016662 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council PQpGNE.1 ati y Public Works Department � a jege4 14,4444 Home of the Superstition Mountains AIZOtA Date. November 13, 2012 To: Mayor and Members of City Council Through George Hoffman, City Manager Giao Pham, Interim Public Works Director From. Shane Kiesow, Public Works Manager Subject. Fleet Vehicle Procurement Staff would like City Council approval to purchase a Ford Explorer for the Police Department Crime Investigations Division This vehicle would replace an existing 2002 Dodge Intrepid with 136,000 miles assessed to be in poor to fair condition. The total cost of the vehicle would be $36,653 54 (including accessories) to be paid by available Racketeer Influenced and Corrupt Organizations Act (RICO) monies. Staff requests authorization to purchase the vehicle through the cooperative State Contract#ADSPO 12-016662. This agenda item was discussed at the November 5, 2012 City Council work session. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480)982-8005 � pyACHt vo City ty o f Apache Junction U z Home of/be Supei:c/ition Mountains 4PizotA Print TO: City Manager's Office FROM: Emile Schmid, Senior Project Engineer DATE: December 4, 2012 agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration and approval of amendment to the Intergovernmental Agreement/Joint Powers Agreement#11-089 with the Arizona Department of Transportation (ADOT) for Safety Median Improvements on Idaho Road and Old West Hwy ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff requests approval of the amendment to the Intergovernmental Agreement/Joint Powers Agreement#11-089. The amendment is necessary due to the increase of design work and estimated costs due to both state and federal processes The design will include analysis which will include raised medians along Idaho Road, ADA compliant sidewalk ramps and crosswalks at the intersection of Idaho Road and Old West Hwy FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download ❑ Memo to Council L] Original IGA w/ADOT JPA 11-089 ❑ Amendment to JPA 11-089 04HFv �p y Public Works Department � V I A Z Home of the Superstition Mountains 4RIZO�r- MEMORANDUM TO. Honorable Mayor Insalaco THRU. George Hoffman, City Manager Joel Stern, City Attorney FROM Giao Pham, Interim Public Works Director DATE September 18`h, 2012 SUBJECT. Amended IGA with ADOT Safety Median Improvements on Idaho Road and Old West Highway The public works department would like to proceed with approving the amendment for the design of the safety improvement project for the intersection of Idaho Road and Old West Highway. An amendment is necessary due to the increase of design work and estimated costs due to both state and federal processes. The design will include analysis which will include raised medians along Idaho Road, ADA compliant sidewalk ramps, and crosswalks at the intersection of Idaho Road and Old West Highway. If we forgo the design then we will lose out on potential construction money which currently the city is obligated for$11,015 of the estimated $193,239 construction project Per the original IGA dated August 9th, 2011, the City is in an agreement with ADOT for the following HSIP funds (94.3%) $36,916.00 City's match (5 7%) $2,231 00 Total Design $39,147.00 The amended IGA will have the following cost break down. HSIP funds (94 3%) $118,445 00 City's match (5.7%) $7,159.00 Total Design $125,604 00 I have attached the amended IGA from ADOT. Please let me know if you have additional question cc: Bryant Powell 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 ADOT File No IGA/JPA 11-0891 AG Contract No P001 2011 002114 Project Construction & Installation Section Idaho Rd @ Old West Highway Federal Project No.. APJ-0(204)A ADOT Project No SH496 03D/01C COG/MPO TIP Item No.: FMPO Budget Source Item No 72811/12 /1111164. INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date August 9 2011 pursuant to the Arizona Revised Statutes § 11-951 through 11-954 as amended between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the 'State") and the CITY OF APACHE JUNCTION acting by and through its MAYOR and CITY COUNCIL (the City) The State and the City are collectively referred to as `Parties' I RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City 3 Congress has established the Highway Safety Improvement Program (HSIP) as a core Federal- aid for the soecific purpose of achieving a significant reduction in traffic fatalities and serious injuries on public roads The State the Federal Highway Administration (FHWA) and the City have identified systematic improvements within the City as eligible for this funding 4 The improvements proposed in this Agreement hereinafter referred to as the Project include the design and construction for the installation of medians and upgrading of pedestrian ramps crosswalks and drainage work The State will utilize a State On-Call Consultant firm to complete the Project design work The State will advertise, bid and award a contract for the construction phase of the Project 5 The interest of the State in this project is the acquisition and distribution of HSIP Funds for the use and benefit of the City and to authorize such HSIP Funds for the project pursuant to Federal law and regulations The State shall be the designated agent for the City AionkkloiN Page 2 IGA/JPA 11-0891 The current Project costs are as follows ADOT Project No • SH496 03D101C SH496 03D(design) HSIP funds @ 94 3% S 36,916 00 /'\ City s match @ 5 7% S 2 231 00 Subtotal—Design $ 39,147.00 SH496 01C (construction): HSIP funds @ 94 3% S 182,224 00 City's match @ 5 7% S 11 015 00 Subtotal—Construction` S 193,239 00 Total Estimated City Funds $ 13,246.00 TOTAL FEDERAL FUNDS $ 219,140 00 `TOTAL Estimated Project Costs $ 232,386 00 `jlncludes CE and project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above and in such case the City is responsible for, and agrees to pay any and all eventual. actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for. and agrees to pay according to the terms of this Agreement any and all eventual actual costs exceeding the final bid amount The Project will be performed completed accepted and paid for in accordance with the Pro ject plans and specifications THEREFORE, in consideration of the mutual Agreements expressed herein, its agreed as follows II SCOPE OF WORK 1 The State will a Upon receipt of the City s estimated design share of the Project submit to the Federal Highway Administration (FHWA) all required documentation pertaining to the above-mentioned Project with the recommendation that funding be approved for design b On behalf of the City perform work and approve documents required by FHWA to qualify certain projects for and to receive Federal funds Such documents may consist of but are not specifically limited to environmental documents the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of reports design plans maps and specifications geologic materials testing and analysis, right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement Incorporate comments from the City as appropriate /t Page 3 IGA/JPA 11-0891 c Request the maximum HSIP funds programmed for this Project, including City contract administration costs Should costs exceed the maximum HSIP funds available it is understood and agreed that the City will be responsible for any overage d Upon completion of design, and prior to construction. invoice the City, for the Citys share of !►, construction costs Once the Project costs have been finalized the State will either invoice or reimburse the City for the difference between estimated and actual costs e Submit to the FHWA all required documentation pertaining to the Project with the recommendation that funding be approved for construction f Upon approval by FHWA receipt of all City funds. and with the aid and consent of the City and the FHWA the State shall proceed to advertise for receive and open construction bids subject to the concurrence of the FHWA and the City, for whom the award is made and enter into a contract(s) with a firms(s) for the construction of the Project g Hereby be granted without cost requirements the right to enter City right-of-way as required to conduct any and all construction and pre-construction related activities for said Project including without limitation temporary construction easements or temporary rights-of-entry on to and over said rights-of-way of the City h Not be obligated to maintain said Project should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will a Designate the State as authorized agent for the City if such project is approved by the FHWA and project funds are available for the design and construction of the Project b Within thirty (30) days of receipt of an invoice from the State and prior to the performance or authorization of any work remit $2,231 00 to the State the amount equal to the difference between the total costs of the design work provided for in this Agreement and the total amount of Federal funds i,capped) allocated for the design of this Project c Review design plans. specifications and other such documents and services required for the construction bidding and construction of the Project and provide comments to the State as appropriate d Upon completion of design within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement remit to the State. the City's estimated share of funds for the construction costs of the Project in the amount equal to the difference between the total costs of the work provided for in this Agreement and the amount of Federal Aid (capped) received currently estimated at$11,015 00 e Be obligated to incur any expenditure should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent of scope of the work requested by the City Such changes require the prior approval of the State and FHWA Be responsible for any contractor claims for additional compensation caused by Project delays attributable to the City Payment for these costs shall be made within thirty (30) days of receipt of an invoice from the State f Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature either above or below the surface of the Project area shall be removed from the proposed right-of-way or will be removed prior to the start of construction Coordinate with the appropriate State s Right-of-Way personnel during any right-of-way process performed by the City as applicable Page 4 IGA/JPA 11-0891 g Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use the City shall take all necessary steps to remove or prevent any such encroachment or use h Hereby grant the State. its agents and/or contractors, without cost, the right to enter City Rights-of-Way, as required to conduct any and all construction and preconstruction related activities r^ including without limitation temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i Be responsible for any unforeseen conditions or circumstances which increase the cost of said work Should a change in the extent or scope of the work called for in this Agreement become necessary, be obligated to incur and will pay for said increased costs j Enter into an agreement with the State s On-Call design consultant which states that the design consultant shall provide services as required and requested throughout the design and construction phases of the Project k Require the design consultant to provide a set of as-built plans upon completion of the construction phase of the Project An electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local Government Section I Upon completion of the Project, agree to accept and assume full responsibility of said Project in writing m Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the City Further this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty days (30) written notice to the other party It is understood and agreed that in the event the City terminates this Agreement the State shall in no way be obligated to maintain said Project 2 The State assumes no financial obligation or liability under this Agreement or for any resulting construction Project The City in regard to the City s relationship with the State only assumes full responsibility for the design. plans specifications reports the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is understood and agreed that the States participation is confned solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein that any damages arising from carrying out. in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law the City hereby agrees to save and hold harmless, defend and indemnify from loss the State any of its departments agencies officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity condition misrepresentation directives instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State any of its departments agencies, officers and employees or its independent contractors the City any of its agents officers and employees or its independent Page 5 IGA/JPA 11-0891 contractors Costs incurred by the State, any of its departments, agencies officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys fees 3 This agreement shall remain in force and effect until completion of the work and resolution of related deposits and reimbursements /11%, 4 The cost of design, construction and construction engineering work under this Agreement is to be covered by the HSIP funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of HSIP funds or that certain costs may not be accepted by the federal government as eligible for HSIP funds Therefore. the City agrees to furnish and provide the difference between actual costs and the HSIP funds received 5 The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA 6 The City and the State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally. in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 7 This Agreement shall become effective upon signing and dating of the Determination Letter by the States Attorney General 8 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-51 1 9 To the extent applicable under law the provisions set forth in Arizona Revised Statutes § 35-214 and § 35-215 shall apply to this Agreement 10 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336 42 U S C 12101-12213) and all applicable Federal regulations under the Act including 28 CFR Parts 35 and 36 The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding Non-Discrimination" 11 Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available No liability shall accrue to the State in the event this provision is exercised and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 12 In the event of any controversy, which may arise out of this Agreement. the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 13 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Goo Pham, P E 205 S 17m Avenue Mail Drop 637E 575 E Baseline Avenue Phoenix Arizona 85007 Apache Junction Arizona 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 Fax Amok AIN Page 6 1GA/JPA 11-0891 For Financial Matters Donna Meinerts Finance Director 300 E Superstition Blvd Apache Junction AZ 85119 (480)474-5451 14 Compliance requirements for Arizona Revised Statutes §41-4401—immigration laws and E-Verify requirement a The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§ 23-214(A) b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 15 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06 each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term scrutinized business operations shall have the meanings set forth in Arizona Revised Statutes § 35-391 andior§ 35-393 as applicable If any Party determines that another Party submitted a false certification that Party may impose remedies as provided by law including terminating this Agreement 16 The Parties hereto shall comply with all applicable laws rules regulations and ordinances as may be amended 17 In accordance with Arizona Revised Statutes § 11-952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form ^ IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA / Department of Transportation J� ''.1,✓,),G-'-Cruz-- 'JOHN S. INSALACO SAM MAROUFKC ANI, P E Mayor Deputy State Engineer Development ATTEST By KATHY CONNELLY City Clerk Ask Am. IGA/JPA 11-0891 ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE /►, JUNCTION. an Agreement among public agencies which. has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement TH DATED this 1 day of ToL 2011 City Attorney ems ems RESOLUTION NO 11-27 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH rR.IZONA DEPARTMENT OF TRANSPORTATION FOR PIG,1WAY Sr-,FEIY 011 IMPROVEMENT PROGRAM GRANT FUNDS WHEREAS, Congress estab1isheo the Highway Safety improvement Program ("HSIP") tor the specific purpose of achieving a significant reduction in traffic fatalities and serious J.npuries on pubiic r.,eds, and WHEREAS, the State and the City have ider tified sys'..e;natic lmorovements within the City as be_. g oi:giol' finder t.ii_ program; and Ir4HEREAS, he purpose or this Joint effort is is ii_C>e the State to acquire i edelal funds fur the design of ar .r,terse.cti n aier, r.r•GroJcmerit project at the 1,7tersec r *:n., C).o i"1es l.'l,}.w.iv i e "nr.o 'ect", end S'` P .?FA:, : he State snail ne the fie g a e,:i rgeht tot ? ! r City, and ne estimated design rota _ of .._he Jr ect $39, 2,47 (', __0riunin'n Civil E gi.reerino Des .gr air{ ,tra i i,EJ. Zan, !-evievJ, w repres its fur..^? ..rg; and WiEPEAS, Fede' a'-aid curds >all] coltrr ,ute $6, , r 30 foi design of toe Pi^,o,ec`, and VJ-EREAS, the iequi red City ieftovP matc'of,g funds f i design of the Project :Ls $2, 2. 1 00, and WHEREAS, the attached wrJ_tten agieement ("IGA!JPA 1-08Y "; meets fort: toe financial and adfJ_r•_strat e conditions :nf design of the Project `vOIN, THEREFORE, BE IT RESCL"ED P'; Y_ ? H Y'3 T T` C E _,."'y r rio'%^i;[ jTMC >V a _LIOWS The mayor" and Council lercby J> I r: : he at '.atr en r;te:cc.,err'ne"t .i 3greement r'et wee" "';r o Ape _. R ,7OLU i ION oc - i_ P:AGE 1 OF ON ON Junction and the Arizona Department of Transportation ("IGA/JPA 1l-0889I") and the Mayor .1s hereby autnciized to sign the agreement on behalf of the City 2) (J )der the terms of IGA/JPA :±-0891, the City will pay for on the design casts assoc,.ated with the Pro ect 3) Tne City Manager ana/or nis designee _Ls a 'thorrzea and directed to take all steps necessary to carry out she purpose and intent of this r:esol,,t lon DASSED iaND ADOPT D BY THE MAYOR AND CITY COuNCIL OF TPE CIrY nPACr'E JuNC'. i 'v, >R:?O A, " CIS 19TH _ DAY JULY 2311 SIGNEr AND A TES Er . 'It' 19TH oA_ O ---JULY - -- - IA j) Z• AT:F__ ! fir Z✓1, F" ---X.C._. T 7 KATHLEEN rONNTLLY t ClF T .K APPROVED AS 'o RICHARD J STERN Cit' Attorne; SOLU:T I PAGE 2 S,¢.4EY 7 C 1 1FrrzONo` SUSAN E DAVIS �� ASSISTANT ATTORNEY GENERAL TOM HORNE OFFICE OF THE ATTORNEY GENERAL DIRECT LINE 602-542-8855 ATTORNEY GENERAL TRANSPORTATION SECTION E—MAIL SL;SAN.DAVIS(@AZAG.GOV INTERGOVERNMENTAL AGREEMENT DETERMINATION A G Contract No P0012011002114 (IGA/JPA 11-089-I), an Agreement between public agencies, I e , The State of Arizona and The City of Apache Junction, has been reviewed pursuant to A R S §§ 11-952, as amended, by the undersigned Assistant Attorney General who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona No opinion is expressed as to the authority of the remaining Parties other than the State or its agencies, to enter into said Agreement DATED August 9, 2011 ins TOM HORNE Attorney General SUSAN E DAVIS Assistant Attorney General Transportation Section ADOT File No IGA/JPA 11-0891 Amendment No. One AG Contract No P001 2011 002114 Project Construction & Installation Section Idaho Rd @ Old West Highway Federal Project No.: APJ-0(204)A ADOT Project No SH496 03D/01C COG/MPO TIP Item No.. CAAG Budget Source Item No: 72811/12 Amendment No. One to INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2012, to AMEND JPA 11-0891, executed August 9, 2011, the "Agreement" pursuant to the Arizona Revised Statutes § 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City") The State and the City are collectively referred to as "Parties" I RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. THEREFORE, in consideration of the mutual Agreements expressed herein, due to the increase of design work and estimated costs the Parties agree to amend the original Agreement as follows. Page 2 IGA/JPA 11-0891 Amendment No One The Project design costs are revised as follows ADOT Project No.: SH496 03D SH496 03D (design) HSIP funds @ 94.3% $ 118,445.00 City's match @ 5.7% $ 7,159.00 Subtotal—Design $ 125,604.00 Total Estimated City Funds for Design $ 7,159 00 TOTAL FEDERAL FUNDS $ 118,445.00 TOTAL Estimated Project Design Costs $ 125,604.00 II. SCOPE OF WORK Section II. Paragraph 1. a. is amended as follows. 1. The State will a Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the City's design costs, currently estimated at $7,159.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs Section II Paragraph 2. b. is amended as follows: 2 The City will b Within thirty (30) days of receipt of an invoice from the State, and prior to the performance or authorization of any work, remit $7,159.00 to the State, the amount equal to the difference between the total costs of the design work provided for in this Agreement and the total amount of Federal funds (capped) allocated for the design of this Project III. MISCELLANEOUS PROVISIONS 1 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Giao Pham, P E 205 S 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 Fax For Financial Matters• Donna Meinerts, Finance Director 300 E Superstition Blvd Apache Junction, AZ 85119 (480)474-5451 Page 3 IGA/JPA 11-0891 Amendment No One 2 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General PURSUANT TO ARIZONA REVISED STATUTES§ 11-952 (D), attached hereto and incorporated herein, is the written determination of each party's legal counsel that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the original Agreement remain in full force and effect IN WITNESS WHEREOF, the Parties have executed this Amended Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN S. INSALACO DALLAS HAMMIT, P.E. Mayor Deputy State Engineer, Development ATTEST By KATHY CONNELLY City Clerk IGA/JPA 11-0891 Amendment No. One ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes § 11-951 through § 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this day of , 2012 City Attorney ROLL CALL VOTE NOTES:alak 1 y� ik) 1/ ITEM # MEETING (H.) 4A ✓1 MOTION BY: SECONDED BY: YFS NO ABSTAINED COUNCILMEMBER EVANS ✓/ COUNCILMEMBER BARKER I VICE MAYOR DIETZ V COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL AMIlk CONSENT AGENDA ITEMS NO. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN TO ASSIGN ALL RIGHTS AND OBLIGATIONS OF THE AGREEMENT BETWEEN BURKE'S TOWING AND THE CITY OF APACHE JUNCTION, DATED APRIL 2, 2012, FOR TOWING AND VEHICLE STORAGE SERVICES, TO THE NEW OWNERS OF BURKE'S TOWING; AND THAT WE ACCEPT THE GRANT AGREEMENT IN THE AMOUNT OF $30,000 AWARDED TO THE CITY BY THE ARIZONA PEACE OFFICERS STANDARDS AND TRAINING BOARD FROM THEIR PEACE OFFICERS TRAINING FUND, TO BE USED IN CONJUNCTION WITH NOT TO EXCEED $10,000 IN CITY FUNDS FOR ENHANCEMENTS TO THE POLICE TRAINING RANGE; AND THAT WE ACCEPT THE LETTER OF PROPOSAL SUBMITTED BY SKY ENGINEERING DATED OCTOBER 17, 2012 UNDER TCPN CONTRACT#R5153; AND THAT APPROVAL BE GIVEN TO PURCHASE A 2013 FORD EXPLORER FOR THE POLICE DEPARTMENT CRIME INVESTIGATIONS DIVISION FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT#ADSPO 12-016662 IN THE TOTAL AMOUNT OF $36,653.34, INCLUDING ACCESSORIES; AND THAT APPROVAL BE GIVEN FOR AND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT/JOINT POWERS AGREEMENT #11-089 BETWEEN THE ARIZONA DEPARTMENT OF TRANSPORTATION AND THE CITY OF APACHE JUNCTION FOR SAFETY MEDIAN IMPROVEMENTS ON IDAHO ROAD AND OLD WEST HIGHWAY, AMENDING THE TOTAL DESIGN COST FROM THE ORIGINAL $39,147 00 WITH THE CITY'S OBLIGATION AT $2,231 00 TO AN AMENDED TOTAL DESIGN COST OF $125,604 00 WITH THE CITY'S OBLIGATION TO BE $7,159 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AMENDED AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY. 4 PgACHF�G o .. ° "� c it) of pache junction . ' Home of the .S`tipe;:cIition Mom/tams Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: December 4, 2012 .genda 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 *gAC Fit ✓Gti 1 rZ pity ofApache Junction U _ Home of the .Sipe;:c/ition Aloii,,tai,r.+ 4Rizos* 11 Print TO: City Manager's Office FROM: Mayor John Insalaco DATE: December 4, 2012 genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH DR BARBARA BARKER OF THE ARIZONA REGIONAL MEDICAL CENTER ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available O4 PpACkE�y City o�f Apache Junction U z Home of the .S uperf7ltloll .l 1 o1111tuill.i gR12oN* Print TO: City Manager's Office FROM: Jerald Monahan, Chief of Police DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION ON THE APACHE JUNCTION POLICE DEPARTMENT (AJPD) BIKE PATROL ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: Chief Monahan will present on the AJPD's bike patrol FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 19, 2013 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. .�. .�. City of Apache Junction Hone of the Supet:ilition Mountains gRrzoto` Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 4, 2012 4genda 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 ELKS LODGE #2349 LOCATED AT 2455 NORTH APACHE TRAIL FOR JANUARY 19, 2013. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This is for the Paws 4 Life Charity Car Show to be held on January 19, 2013. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download L) cover memo L) application D applicant letter O department memo C) planning recommendation L1 pd recommendation D fire district recommendation NOVEMBER 20, 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 DECEMBER 4, 2012. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extension of premises has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for a car show on January 19, 2013 at 2455 N Apache Trail, 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 DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 Date payment received www.azhquor.gov (602)542-5141 CSR initials APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR C Permanent change of area of service- List specific purpose for change •Temporary change for date(s)of /)Ej 12093 through 1 Its /2013 List specific purpose p se f5r ch�ge.— ?A'.YS a LIFE CHARITY CAR SHOW .Z r� cn rr`rye* 1 Licensee s Name HENDERSON RALPH cSMI of -- Last First r rt NI,t F-1 2 Mailing Address ' !Fla u:i, AF+C iE 4ifiC r C 4. rr'' City Slate Zin - .... 3. Business Name 3 e 0 Li-AS 34N LICENSE# t41"-)004 ) r-1 .- 4 Business Address 2455 N APAC►tE TRAIL APACHE JUNCTION PINAL AZ ?i " City COUNTY State . Zip 5 Business Phone i 48° ) 982 2349 Residence Phone(480 ) i5u 9382 6 Do you understand Arizona Liquor Laws and Regulations? I] YES[I NO Fax#-( ) 7 Have you received approved Liquor Law Training?❑ NOS YES If so when does your Certificate expire? 03 /15 /eta 8 What security precautions will be taken to prevent liquor violations in the extended area? A;MOUNTED RANGERS seRuiRiT' 9 Does this extension bring your premises within 300 feet of a church or school? YES [■ NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING Y�R LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ri Barrier Exemption an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested Barrier exemptions are granted based on public safety pedestrian traffic,and other factors unique to 3 licensed premises List specific reasons for exemption Investigation Recommendation❑Approval Ti Disapproval by Date —_/ !_._.-e ""After completing sections 1-10, please take this application to your local Board of Supervisors,City C IciJo_I 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--- i. --,- being first duly sworn upon oath hereby depose swear n i dcc r t .,nt, ii name) under pen Ity of perjury that I am the APPLICANT making the foregoing application I have read this application a thiicon> and all to nt re true cor • complete / i /, State of f/ tJ y‘G: County of i'1L..,_ • - X z -" SUBSCRIBED IN:XAY PRESENCE AND SWORN TO before 4-tt ter (Signature of C •nts or Agent) _ l l<Lit;lic C`r_.t c-�`� Day 'penal (ear My commission expires on __1_'' V3 1,60,;,e- r ►1 `IA (Signature of NOTARY PUBLIC) Investigation Recommendation❑ Approval [ Disapproval by Date __/— Director Signature required for Disapprovals Date //_-_ 4116/2012 •i)isabled individuals requiring special accommodation,please call the I)epartment(602)c42-902"' Area Needed for Ca Show Lost Dutchman Blvd 0 Ir. Er EA I Ertance I I t Door CO I aE blencseci Pea R9,71jc.IS1F.:0 Elks Lodge I6 E I CO op EL Fenced Patio • Parking for Cars Security Will be Posted Where Symbols Are Roped Off Area — — 3 , 3 Am. • �0CHE fir,,� -- ��.�t�.� �.�rf re/ r,ett���r� .Home of tfte Superstition afountains qR °N .u. November 8, 2012 Ralph Henderson Apache Junction Elks Lodge #2349 P 0 Box 459 Apache Junction, AZ 85117 Dear Mr Henderson Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for Paws 4 Life Charity Car Show to be held January 19. 2013, at the Elks Lodge, 2455 N. Apache Trail (Highway 88). has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on December 4, 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. If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, I, f` t .. ,r� Kathleen Connelly f „ _ ,, ,, .r-',i(- City Clerk !� t , 1 j j_..:1,. ..- i., I----"‘ 7 • \4,i�r t4htit 982-8002 • FAX(480)982-7018•TDOO(-180)983-0005 •www ajt.ity net 30[1 E Superrtttion Bottler ard. Apache Junction AZ 851 iQ i NOVEMBER 8, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 Mr Ralph Henderson has submitted an application for a temporary extension of premises for the Paws 4 Life Chanty Car Show to be held on January 19, 2013, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Tuesday, November 20, in order for this item to be placed on the agenda for the City Council meeting of December 4, 2012 Janet Mason From: Rudy Esquivias Sent: Tuesday, November 20, 2012 4 31 PM To. Janet Mason Subject: RE.liquor license recommendations Jan. The Planning Division has no objections to the Elks Lodge car show event There appears to be plenty of space for parking of exhibit vehicles as well as visitors We are not aware of any negative issues with any Elks Club events cRiLcIcy cinuivia.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from ',OOam to 6 00pm, closed Fridays and Holidays ) From: Janet Mason Sent:Tuesday, November 20, 2012 3.37 PM To:John Suniga (john.sunigaAajfire.org); Jeff Robinson; Rudy' Esquivias Subject: liquor license recommendations I still need department recommendations for the following liquor license applications by noon tomorrow(they were due today) >^ Lotus Garden liquor license—planning department Elks Lodge Lost Dutchman Days extension of premises(Feb 21)—police department Elks Lodge Car Show extension of premises(Jan 19)—planning department Superstition Mountain Rotary Club Lost Dutchman Days special event(Feb 22-24)—police department Your cooperation is greatly appreciated I have to have everything to the city manager's office tomorrow Thanks Janet Mason Deputy City Clerk City Of ApacheJunction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-S06 3 jmason@aicity.net Service Over and Above the Rest 1 rekk Janet Mason From' Clyde Allison Sent: Monday,November 12,2012 741 AM To. Janet Mason Subject: RE extension of premises for Elks Lodge for charity car show After reviewing the request and inspecting the area to extend,The Apache Junction Police Department approves this extension and see no police problems with the request of the area to extend Sgt C Allison#50 Traffic Supervisor/impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E Superstition Blvd Apache Junction, AZ 85119 callison@ajc:ty net 480/474-8616 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 Emaiis 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 = orl3it e'�3iy From: Jeff Robinson Sent: Thursday, November 08, 2012 10 58 PM To: Clyde Allison Subject: FW. extension of premises for Elks Lodge for charity car show Clyde can you take a look at this and make a recommendation?thanks From: Janet Mason Sent: Thursday, November 08, 2012 9 57 AM To:Jeff Robinson; Rudy Esquivias Subject: extension of premises for Elks Lodge for charity car show Please have your department recommendation to me no later than Tuesday, November 20 Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition 4ivd Apache Junction,AZ 85119 480 474-5068 1 ,te District Ace \(.. • • • 1°j�� o�rn vo Arizona d,4O7 alr Apache Junction Fire District ' 'MUNN 9ERVINO ! 565 North Idaho Road, Apache Junction, AZ 85219 �'�Ecis��``; Phone (480) 982-4440, Fax(480) 982-0183 ts� —.0 "Ti7 �rernati0n Amok MEMORANDUM TO: Jan Mason, Deputy City Clerk City of Apache Junction FROM John Suniga,Deputy Fire Marshal DATE November 8,2012 SUBJECT Application for Extension of Premises—2455 N.Apache Trail,January 19,2012 The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2455 N Apache Trail, (Elks Lodge#2349). 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 , rijolt /.,\ 13 I )) 'i ( \ 11/ k/\I.- . 0 ' / /� ITEM # ( MEETING OF I`) MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON / COUNCILMEMBER EVANS ,/ COUNCILMEMBER SERDY COUNCILMEMBER BARKER V COUNCILMEMBER WILSON j// VICE MAYOR DIETZ �/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ..., ITEM NO. 10 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR JANUARY 19, 2013, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 21, 2013 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 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. Pp AC He c,l 0 City of-Apache Junction Home of the Superstition *1 ount iii s gR1zON* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349, LOCATED AT 2455 N. APACHE TRAIL, FOR FEBRUARY 21, 2013 ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This application is for Lost Dutchman Days The next step in the process is for the council to hold a public hearing on the application 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 ❑ applicant letter ❑ department memo L] planning recommendation O pd recommendation ❑ fire district recommendation NOVEMBER 20, 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 DECEMBER 4, 2012. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extension of premises has been submitted by Mr. Ralph Henderson of Elks Lodge #2349 for Lost Dutchman Days on February 21, 2013 at 2455 N Apache Trail, 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 DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 Date payment reamed www.azllquor.gov (602)542-5141 C8tt initials APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Li Permanent change of area of service-List specific purpose for change ro _ i Log Temporary change for date(s)of !s�./ /2013 through 02_ I21 I2013 List specific purpose for chant. ' I ost Dutctsman Ray,Seer&Brat Party 1 Licen:.cc's Name FiEi4DERE-ON RALPH SkiON Last First N%dle '" 2 Mailing Address I"0 L.0%a;» APJ,C-d a,,.,(A-1, :.z 4t City State Zip 3 Business Name E1PO€LKStt343 LICENSE# 141t0(fF3 4 Business Address �4a5 N APACHE TRAIL APACHE JUNCTION PiNAt A7 65119 City COUNTY State Tip 5 Business Phone (480 ) W2 2 9 Residence Phone(480 ) '9382 6 Do you understand Anzona Liquor Laws and Regulations?II YES❑NO Fax# (480 ) 982-6319 7 Have you received approved Liquor Law Training?0 NO YES If so when does your Certificate expire) a3 /15 /2014 8 What secunty precautions will be taken to prevent liquor violations in the extended area? A• MOWED RA PS 1 cuarr1 9 Does this extension bnng your premises within 300 feet of a church or school? ;YES Till NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD L Gamer Exemption an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested Barnet exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premises List specific reasons for exemption Investigation Recommendation 0 Approval L]Disapproval by Date _!_/___ ""After completing sections 1-10, please take this application to your local Board of Supervisors,City Cot,,�cil_or„ i 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 _ r- . (Authonzeit Signature) , ( lute) (Agency) 4 : 1 _,.-f f C-'it L'r. - rJ r..) being first duly sworn upon oath hereby depose swear { {°hilt hil mane) t- ! under pen; of perquri+,that I am the APPLICANT making the foregoing application I have read this application ar the;Gonti=nt and all s ern nts a correct a complete { J State of County of ,r ,, A ° 0 }( J i`{s-E----..- SUBSCRIBED)IN MY PRESENCE AND SWORN TO raise If:(1.this .Y k ( ure of ,et or Agenq /` 4 ,`.. 0 Day My' nntn Year l V. t My commission expires on . :--/..i- 1_,L (Signature of NOTARY PUBLIC) Investigation Recommendation H Approval 0 Disapproval by. Date ti Director Signature required for Disapprovals Date / /� 4t16/2012 *Dbsabled inditi!duals requiring special accommodation please call the Departntcrttt602)542-9027 Area Needed to for Lost aachman Days Lost Dutchman Blvd Exit ErttrarceL ------- Door II i i b41cied Ara ReqLested Elks Lodge co 7721-3 Fenced Patio Ti Horse Shoe Tourney 3 Security Will be Posted Where Symbols Aie :I Ror>7:(1 Off Area ) OIN PIN pNCHEG °� ' t i• +�c e-: t''Aach tiro e inn �4 a Home of the Superstition Mountains )R1zo14P November 8, 2012 Ralph Henderson Apache Junction Elks Lodge#2349 P © Box 459 Apache Junction, AZ 85117 Dear Mr Henderson Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for Lost Dutchman Days to be held February 21, 2013, at the Elks Lodge 2455 N Apache Trail (Highway 88), has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on December 4 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 shoulc council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely I f' Kathleen Connelly City Clerk •\aiu. (480)982 8002 • f>h (480)982 '018 • IN)(4s())9R3-({)95 •wino aJLits nd Mt) € "up.rsti wt:Boultnard 1p,EhL.!unr.tuon 17 S5119 NOVEMBER 8, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr Ralph Henderson has submitted an application for a temporary extension of premises for Lost Dutchman Days to be held on February 21, 2013, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Tuesday, November 20, in order for this item to be placed on the agenda for the City Council meeting of December 4, 2012 Janet Mason From Rudy Esquivias Sent. Thursday, November 08, 2012 4 12 PM To: Janet Mason;Jeff Robinson Subject. RE application for extension of premises for Elks Lodge for Lost Dutchman Days Jan ^The Planning Division has no objections to this request The Flks seems to do a pretty good job at handling these events, including parking and security issues d 4 0{ uiviab Senior Planner/Zoning Arm.lr!, s t.rator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Ser.i:.es Department office hours Monday through Thur.s ay from 7 00am to 6 00pm, closed Fridays and Holidays ) From: Janet Mason Sent. Thursday, November 08, 2012 9.44 AM To: Jeff Robinson; Rudy Esqulvias Subject: application for extension of premises for Elks Lodge for Lost Dutchman Days Please have your department recommendation to me no late*than Tuesday, November 20 Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E superstition B1v0 Apache Junction,AZ 851119 480 474-5068 jmaonPajcity net Service 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 corresponderce 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 uEri A. o Apache Junction Police Department ` 4, {; Memorandum .'. •+y 4 +pH DATE I l/l9 20I? eu 10 Lt J Robinson 1 HROU(,H FROM Sgt G Durkin SLBJT C 1 Elks Lodge Lost Dutchmans I. iquor L tention Sir. I spoke with Mr Moe Russell and Taut Kain otour Liles Lodge I heir etitrntron requst appears in orda The adv ised there is not any changes from last sears request The Elk's building is full service to h.utdle the interior needs of the request The exterior extent►on will have trash collection and security I he evertor ee cut is'roped'oft and the',ecu►tt posts are marked on the supplied map I do not have ans objections vrith the.extention request .,..iv pistnct Accr iiii ukC . . . . .:b..„ tt` om Arizona e0; t tntcsi„ �y QVAl1';C G _ °o a ,Z Apache Junction Fire District �,., a� ° 565 North Idaho Road, Apache Junction, AZ 85219 1s �fnistR` Phone (480) 982-4440, Fax(480) 982-0183 Ito `- 09 . " . - ,nt Is�ernatiet' Ilk MEMORANDUM TO: Jan Mason, Deputy City Clerk City of Apache Junction FROM John Suniga,Deputy Fire Marshal _ DATE November 8,2012 SUBJECT. Application for Extension of Premises—2455 N.Apache Trail,February 21,2012 The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2455 N Apache Trail,(Elks Lodge#2349) 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 Ask ROLL CALL VOTE NOTES /PV t V f ITEM# I I MEETING OF 4)/4 MOTION BY OttkjjL SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY ✓ VICE MAYOR DIETZ 1✓ COUNCILMEMBER EVANS COUNCILMEMBER WILSON V COUNCILMEMBER WALDRON COUNCILMEMBER BARKER i✓ MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ilab• libk ITEM NO. 11 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR FEBRUARY 21, 2013, BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL AM. AONW PUBLIC HEARING IN ft. 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS ON FEBRUARY 22-24, 2013 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 discussion9 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PQACHE✓G 4 y�- City of Apache Junction 0 Homm e oaf the ,�upcl:ctition .`�Iountains 4gizpNP Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB#1246 TO BE HELD AT 1590 E. LOST DUTCHMAN BOULEVARD ON FEBRUARY 22-24, 2013. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This application is for Lost Dutchman Days. The next step in the process is for the council to hold a public hearing on the application and forward a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo ❑ application ❑ applicant letter ❑ department memo ❑ planning recommendation ❑ pd recommendation ❑ fire district recommendation NOVEMBER 20, 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 DECEMBER 4, 2012 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 An application for a Special Event Liquor License has been submitted by Mr Ron Knies of Superstition Mountain Rotary Club #1246 for Lost Dutchman Days to be held on February 22-24, 2013, at 1590 E. Lost Dutchman 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 DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 _ . _ APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25 00 per day for 1-10 day events only A service fee of$25 00 will be charged for all dishonored checks (A R.S§44-68521 NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING "Application must be approved by local government before submission to .c us=' ONLY Department of Liquor Licenses and Control. (Section#20) LICENSE 4 1 Name of Organization Sul ttr5titinn twkiur i.'in Rotary Club#1245 Uisi[cl 55 it: — _ 2 Non-Profit/I R S Tax Exempt Number- 86-eaa81s3 3 The organization is a (check one box only) ❑Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) j Civic ❑ Religious 0 Political Party, Ballot Measure, or Campaign Committee 4 What is the purpose of this event9 on-site consumption []off-site consumption(auction) ❑ both To raise funds to be given to worthy organizations benefiting the youth of our community 5 Location of the event 1540 E lost Dutchman Bkk.d Address of physical location("dot P>7 Box) ::ty county Lip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question#1. {Signature required in section#181 6 Applicant. " Rona d H.3roli,.. _ 12215.43 Last First Middle Date i,f Birth I Applicant's Mailing Address. 11561 E Kiva Ave Mesa Ari.INla s`?0.9 'Of eel i_it1 titaic din 8 Phone Numbers d,"J ) 982 FF:,° _ _ "A a1.3614W #11, Site Owner# Applicants Business if Appicant's Home# 9 Date(s) & Hours of Event (see A R S 4-244(15)and(1 7)for legal hours of service) Date Day of Week Hours from A M IP M To A M iP M Day 1 FEB 22,2013 Friday 10 00 AyM_ 11 5t:P 44 Day 2 FEB 23, 2013 Saturday 10 00 A M 11 5=i P M Day 3 FEB 24,2013 Sunday 10.00 A tvt 7 Ot;P M Day 4 _._._. Day 5 Day 6 Day 7 Day 8 Day 9 Day 10 •Dtiahk•tl individuals requiring spetiid arcutnmutiatiunc,pleast call(6021 542-94)27 September 2011 10 Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked/ YES Q NO (attach explanation if yes) 11 This organization has been issued a special event icense for ' days this year,including this event (not to exceed 10 days per yeas) 12 Is the organization using the services of a promoter or other person to manage the event?DYES [✓]NO If yes, attach a copy of the agreement 13 List all people and organizations who will receive the proceeds Account for 100%of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name Supersstion Maui-rain Rotary C I,b 12-tfi Oi mct 5510 50",i,gr^.'ta Address PO Box 565 Apache Junction AZ 85117 Name .NJ Mo!:nred Rangers!Superstition Promotional Co;p 25%Net each 50/a neI Ft•.rrxr t:rrX' PO Box 699/PO Box 5241 Apache Junction AZ 85178 Address A.ttach additional sheet!f necessary) 14 Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SiTE ONLY "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event') (List type and number of secuntytpolice personnel and type of fencing or control barriers if applicable) 2!. # Police Fencing #Security personnel 1 Barriers A A tia,.rrs I.ind!:rr._C.u•d /^urrr:!"711.r r-a!.,l r,n,.le.court.+!:a ,a1KC7> .Ur '.'..- }-.t;r..i!,mcLrye^_r:^Acs wrl Ire.A..r!:w.r!in cay rn I U and upon proyin,air and etinrpticn win be wrist oaoc a by I t> service 31 cnntrai tncabc ns or beer stands tiar+s ages imly not os brought in or remc,,ed!torn The riven.area The spathe Junction Penis Department well he requested if assistance is to ytnr+q 16 Is there an existing liquor license at the location where the special event is being held? []YES Q NO If yes,does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use/ []YES NO (ATTACH COPY OF AGREEMENT) ( i Name of Business '-[shone Plumber 17 Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing barricades or other control measures and secunty positions THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18 I Ronald Harold Krsies declare that I am an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6 to apply on behalf of the foregoing organization for a Special Event Liquor License X _ 228 fit&.. Chairperson tO -it "12 (a u iEt e; (Signature (Title/Positron) (Date) (Phone(=) «> WILLIAM A COOpEt4fa O r 1 - County of P; Iln z / -- y NOTARY PUBLIC-ARIZONA The foregoing instrument was acknowledged before me this \" ;" Pala!County +k/'k '.�, ..` ray August Expres 2r :- i '2 Oust 8.2016 Day onth Year My Commission expires on — LJkJLiL1LJtC fDate i (Signature of 4O T A.RY PUBLI'_ THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19 t,Ronald Harold iCraies declare that I am the APPLICANT filing this application as (Print full name) listed/ in Question 6 I have read the application and the contents and all statements are true correct and complete / 7 q_4 ,+, - - State of II:L i? �—._ County of X _ hf' I� / The foregoing instrument—was acknoMedgejti fore me this 1 (117�#tr ' af�l WI�AM A COOPER l I - 1-) -t.) t� -��1 ., •` NOTARY PUBLIC AFt1ZONA A4. Year ' PJna1 Lou ttt�yr s.y, . Ion x 7es 2 A -- — — — ISionature of IA0TAR'r Pt/B:IC) You must obtain local Government approval. City or County_ MUST recommend event and complete item #20 The local governing body may require additional applications to be completed and submitted 60 days in advance of the event Additional licensing fees may also be required before approval may be granted LOCAL GOVERNING BODY APPROVAL SECTION 20 I. hereby recommend this special event application (Government Official) (Intel on behalf of _ _ (City Town or County) (.Signature of Oi-FIClAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) �ry (_}ate) 0 APPROVED U DISAPPR�5vEE --- - —.__ {Trite) toile) Special Event Diagram: (Show dimensions, serving axeas, and label type of enclosure and security positions) NOTE: Show nearest cross streets,highway,or road if location doesn't have an address. poz tt tv{- fi p kJN '1' N 11/4. 1.0 d JGER aArE i, eu Quc alis "/://4641Airriab El 1I ( ( ,,F,""-'1//7,,,,,, I-1,1_1 4-c Ercivcire_ti?WI' V , Cd74,rEsnibr Atifivi4 ,,,,<z>,•-..-=-.;- , 1E ION Z4 GATE" J� �h�vtd e G-4rF I L f 4 19 I ii ,..... i AWAY 00ff0 G.4cE 6)4 rE 1 1 I _i - Q !05T- fourci'/rm.,v /3L.vp Q. A -I-8 8ERR Sr A0105 QPEi' Du c/h'&- poaeo F+i: - A- igEee stir o PEA PDT t?DQic ' 4-0 8 R 5r94/05 OPE,v T OI4644 our EvEPT si F-1-6- PPlvwrb c4ffP GQ wvb 1414E46 R i vz i'r ill Afro-'t - ' R4'5 q- PP9sehA el,. A'lT 5-ths cr To , " 4T 1 rt6to b tCLiv5i4'6- ON AlIN Pp aCriE .. 1 4/ re* otActarhe ittnetiew- _,, 1\\ Hearne. of the Suer Atattutr It otoatuirry `4 1zo 'P November 7, 2012 Ronald H Knies 11561 E Kiva Avenue Mesa AZ 85209 Dear Mr Knies Please be advised that your application for a Special Event Liquor License on behalf of the Superstition Mountain Rotary Club #1246 for Lost Dutchman Days to be held February 22 through February 24, 2013. at the Rodeo/Event Center 1590 E Lost Dutchman Boulevard, has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on December 4, 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 If you have any questions concerning this matter, please contact my office at (480i 982-8002 Sincerely, . , 1 _7 f..f;,t Kathleen Connelly City Clerk - "-- ,r r •bc>t, l3ht)►9ti2.S9H1, • P Ay (480)(i 2 "III t • T1.)t)1 i"O)913-009; •vs,,w licin,1,et 'rtit) I Superstition t toul:%arc! Apschc Junction V'45 i 19 NOVEMBER 7, 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 SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 Mr. Ronald H. Knies has submitted an application for a Special Event Liquor License for Lost Dutchman Days to be held on February 22 through February 24, 2013, at 1590 E. Lost Dutchman Boulevard Please conduct the necessary inspections and submit your recommendation by Tuesday, November 20, in order for this item to be placed on the agenda for the City Council meeting of December 4, 2012 Allan /11N Janet Mason Frour Rudy Esquivias Sent. Thursday November 08, 2012 412 PM To• Janet Mason,Jeff Robinson,Stephen Reeder Cc. Brad Steinke Subject: RE application for a special event liquor license for the rotary club for Lost Dutchman Days The Planning Division has no objections to this request for the special event at the Rodeo Grounds At fly ,E quiviac, Sen:c... P .annor/Zon.ng Administrator City of Apache Junction 300 S Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Yonday "hrougn Tt, rr5ciay t-om ' 00am to 6 O0pm, closed Fr-day_, and holidays ) From Janet Mason Sent. Wednesday, November 07, 2012 4.45 PM To:Jeff Robinson, Stephen Reeder, Rudy Esquivias Subject: application for a special event liquor license for the rotary club for Lost Dutchman Days Please have your department recommendation to me no later than Tuesday November 20 Thanks Janet Mason Deputy City Clerk COeiN Of Apiche. junction 300= Superstition Blvd Aaache Junction,AZ 8511,1 480 474 5068 jmason( aicity.net Service aver and Above t^e 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 ,....., ,.... 4,0 tErO "F "f Apache Junction Police Department v Memorandum { ,� ;`A4 p 4 ,043' DATE I lrla12012 elIN I 0 L t Robinson ,"-✓ I HRO GH FROM Sgt Durkin SUBJECT Superstition \it Rotary Club Su I spoke to Ron kntes, of the Superstition %it Rotary(lub,regarding their request for Lost I?utchmans Dav's L tquor tents I he request is on the City Of Apache Junctions Rodeo Grounds Mr kntes told me they have been doing this event since 2006 'their seccurtty is primarily though the Apache Junt tton Mounted Rangers 11c told inc that there is usuail' I or 2 Ran<gcr per In.cr tent This year they also Nso}uld also like the Ringers to do nalktno-patrol` He said thcs'd N%ork that out with the Rangers I do not find :go. obieclions to their request ... .... CFAI �� Apache Junction Fire District = 565 North Idaho Road, Apache Junction, AZ 85119 a 41 ;�, � Phone (480) 982-4440, Fax(480) 982-0183 ~ Rf, n` T' www.Vire org MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction FROM: John Suniga,Deputy Fire Marshal DATE: November 8,2012 SUBJECT Special Event Liquor License App,for Superstition Mountain Rotary Club for Lost Dutchman Days,February 22-24,2013 The Apache Junction Fire District recommends approval of the above noted application As always we will conduct a safety inspection as the event is set-up.Thank you for your notification on this matter. Thank you for your notification on this matter —Z,Zs_ "` ATTN: Application ROLL CALL VOTE NOTES V(.0))4 ITEM # I Y MEETING OF VY kt [ (4I ) MOTION BY SECONDED BY: k./ YES NO ABSTAINED COUNCILMEMBER BARKER I,! COUNCILMEMBER WALDRON I COUNCILMEMBER WILSON V COUNCILMEMBER EVANS VICE MAYOR DIETZ I COUNCILMEMBER SERDY MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .�. ... ITEM NO. 12 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR FEBRUARY 22-24, 2013, BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For APPLICATION FOR A RESTAURANT LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE 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. e PpACHf� G yb • - City ofApache Junction ++ o `U Home of the .S upetsfrtton Mountains l ountains galzoN* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: December 4, 2012 .genda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE LOCATED AT 185 WEST APACHE TRAIL#104 ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This is an application for a new license, Limited Liability Co , Series 12 liqour license for the Lotus Garden Chinese Cuisine. The next step in the process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo ❑ application part 1 ❑ application part 2 ❑ application part 3 D notice 1) applicant letter ❑ department memo D planning recommendation D pd recommendation ❑ fire district recommendation NOVEMBER 20, 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 DECEMBER 4, 2012. APPLICATION FOR A LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE An application for a New License, Limited Liability Co , Series 12 Liquor License has been submitted by Mr Rong Hui Zhao for Lotus Garden Chinese Cuisine located at 185 W Apache Trail #104 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. AIM lk Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor am, Phoenix,Arizona 85007 F _; www.aziiquor.gov r- 602-542-5141 i.-o r" APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK r, Notice: Effective Nov.1,1997,All Owners,Aoents,Partners.Stockholders,Officers,or Manaoers actively involved in the day to day operationarof the kitaglg must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See pags.'3of ^, the Liquor Licensing requirements. r.-• SECTION 1 This application is for a. SECTION 2 Type of ownership: r1..) ❑MORE THAN ONE LICENSE 0 INTERIM PERMIT Complete Section 5 ❑J T W R.O S Complete Section 6 E NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 0 INDIVIDUAL Complete Section 6 0 PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 0 CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) lg LIMITED LIABILITY CO Complete Section 7 Complete Sections 2,3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 0 PROBATEIWILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4, 9, 13, 16 (fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4, 10, 13, 15, 16 ❑OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s) /12/ 4 --t7 1 Type of License(s) Series 12 Dep f� ent ttitlyjy 2 Total fees attached. 5 I APPLICATION FEE AND INTERIM PERMIT FEES(IF APPL/CABLENOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant Mr 1 Owner/Agent's Name. Ms Zhao Rong Hui (insert one name ONLY to appear on licec se) Last First middle 2 Corp/Partnership/L.L C EastLand International LLC --.-----..__tExactly_as_it appeats.aa.Artides.of lrr or Anicies of Org.) 3 Business Name:Lotus Garden Chinese Cuisine (Exactly as it appears on the exterior of premises) } k� r 183 W Apache Trail ft104 Apache Junction I 85220 4 Principal Street Location ��'r "' o not use PO Box Number) City Comity Zip 5 Business Phone '. 3 til Ct T. C. Daytime Contact 4B0 907 Sbtj9. 6 Is the business located within the ine6rporated limits of the above city or town? OYES NO 7 Mailing Address 2116 E.Aloe Place Chandler AZ 85266 City State Zip 8 Price paid for license only bar, beer and wine, or liquor store Type $ Type $ / DEPARTMENT USE ONLY ) Fees / 069 Cr' Application Interim Permit Agent Change Club in r Prints$ TO- T �P ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete YES J 0 NO Accepted by Dater q • Lic #. � i / I , 7 319P2Q12 "Disabled individuals requiring s ecial accommodation, please call (602)542-9027. 1 - ---- ---- ------ SECTION 5 Interim Permit: 1 If you intend to operate business when your application is pending you will need an Interim Permit pursuant to AR 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 the location 4 Is the license currently in use?❑YES❑NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. LU , . declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, fPriri hull name) 4' / MEMBER STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location n State of County of 2' X _- -- ----------.- The foregoing instrument was acknowledged before this (Signature) day of My commission expires on Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COA4PLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARO. I Individual Last First Middle ^o Owned Mail Address Ci State Zi r .m- g Partnership Name (Only the first partner listed will appear on license) .General-Lir teSL.._---LO.St- First Middle u Owned Mailing Address .rnOw StP,a .Zio ❑ ❑l ❑ ❑ Amok, 1 ❑ ❑' ) Y R ASSEC EN El 1' 2 Is any person,other than the above, going to share in the profits/losses of the business/ 0 YES ❑ NO If Yes,give name,current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle Mailing Address City State,Zo Trlet one# • Askik ANN SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 0 CORPORATION Complete questions 1,2,3,5, 6,7,and 8:2 OCT 19 t"r L'-' 441143 L L.C. Complete t,Z,4,5, 6, 7,and 8. 1 Name of CorporationlL L C Eastland International LLC +� (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2 Date Incorporated/Organized 08/10/2012 State where Incorporated/Organized. Arizona 3 AZ Corporation Commission File No Date authorized to do business in AZ 4 AZ L L C File No L17812576 Date authorized to do business in AZ 09/14/2012 ^5 Is Corp.IL L.C. Non-profit?0 YES ONO 6 List all directors,officers and members in Corporation/1 L C Last Fist Middle Title hhaduu:r.:i:i•r>ss City State Zc Zhao Rong Hui Owner 2116 E.Aloe Place Chandler, AZ 85286 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are controlling persons or who own 10%or more Last First Middle %Owned Mailing.AJd:ess City State Zip Zhao Rong Hui 100 2116E Aloe Place Chandler, AZ 85286 (ATTACH ADDITIONAL SHEET'F NECESSARY) 8 If the corporation/L.L C.is owned by another entity,attach a percentage of ownership chart, and a director/officer/member disclosure for the parent entity Attach additional sheets as needed in order to disclose personal identities of all owners, SECTION 8 Club Applicants: EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT"TYPE FINGERPRINT CARD.AND$22 PROCESSING FEE FOR EACH CARD. 1 Name of Club Date Chartered (Exactly as d appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ❑YES © NO 3 List officer and directors. Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1 Current Licensee's Name (Exactly as it appears on license) Last First Middle 2 Assignee's Name Last Fast Middle 3 License Type License Number Date of Last Renewal: 4 ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT.OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION i SECTION 10 Government: (far cities, towns,or counties only) I, Governmental Entity 2 Person/designee Last First Middle Contact Pion Number A SEPARATE UCENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED, i SECTION 11 Person to Person Transfer rL; Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07, and 09). 1-0 1 Current Licensee's Name ____ _r,t: (Exactly as it appears on license) Last Figs: l t:f.:.: oridrv..,Agent.eic4- 2 Corporation/L L C Name _.___— (Exactty as it appears on license) F. 3 Current Business Name V (Exactly as it appears on license) 4 Physical Street Location of Business Street City, State, Zip 5 License Type License Number 6 If more than one license to be transfered License Type License Number. _._7—Gerrertt-Meith+ng-Address — __ Street (Other than business) City,State Zip 8 Have all creditors, lien holders, interest holders,etc been notified of this transfer? O YES ❑ NO 9 Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO If yes,complete Section 5 of this application,attach fee, and current license to this application 10 I, , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue ►, ,declare that I am the CURRENT OWNER, AGENT, MEMBER. PARTNER (print full name) STOCKHOLDER,or LICENSEE of the stated license I have read the above Section 11 and confirm that all statements are true, correct, and complete State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on 4 (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer:(Bars and Liquor Stores ONLY) t� q APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL tT IS APPROVED BY THESTATE cif, t e=i 7`}L Clc s.`j I 1 Current Business: Name L (Exactly as it appears on license) Address 2. New Business. Name (Physical Street Location) Address 3 License Type License Number #014k4 If more than one license to be transferred: License Type- License Number 5. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants excluding those applying for government. hotel/motel, and restaurant licenses(series 5, 11, and 12): AR.S §4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the true the license application is received by the director,within three hundred(300)horizontal feet of a church.within three hundred(300)horizontal feet of a public or private school building with kindergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adiacent to such school building. The above paragraph DOES NOT apply to a)Restaurant license(§4-205 02) c)Government license(§4-205.03) b)Hotel/motel license(§4-205,01) d)Fenced playing area of a golf course(§4-207(B)(5i) 1 Distance to nearest school ` ft. Name of school Address -' City, State, Zip 2 cn a to nearest church f1 tU of church j Address City,State, Zip '3 I am the ro Lessee 0 Sublessee 0 Owner 0 Purchaser(of premises) 4 if the prem:ses is leased give lessors Name Address ( Fib{ Ci i i k-S�'1, `? A 5-1 11 ANNCity, State,Zip sa Monthly rental/lease rate$ . ti C)G What is the remaining length of the lease c yrs mos 4b What is the penalty if the lease Is not fulfilled? S7 L"tt(�) or other (give details-attach additional sheet if necessary) 5 What is the total businesg indebtedness for this license/location excluding the lease?S K'�%[ Please list lenders you owe money to Last Fist M idle Amount Owed Malin Azidress City State Zip ;ATTACH ADDITIONAL SHEET IF NECESSARY)6 What type of business will this license be used for(be specific)? ' ._9_K jwvt— s 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? ❑ YES ® NO If yes, attach explanation 3 Does any spirituous liquor manufacturer,wholesaler, or employee have any interest in your business? ❑YES NO 9 is the premises currently licensed with a liquor license? 0 YES ► NO if yes,give license number and licensee's name License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motet license applicants: 1 is there an existing restaurant or hotel/motel liquor license at the proposed location? 0 YES .-• NO If yes,give the name of licensee,Agent or a company name _ and license# Last First Middle 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 All restaurant and hotel/motel applicants 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 establishment which derives at least 40 percent of its gross revenue 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 minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LiC 1013)with this application ;,app i nt's signature As stated in A R S§4-205 02(B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site,kitchen equipment, and,if applicable,patio barriers are in place on the licensed premises With the exception of the patio barriers, these items are not required to be properly 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 is necessary and the new inspection date you are requesting To schedule your site inspectiortAisitwww azliquor gov and click on the 'Information°tab. --- applicants initials SEC" ION Diagram ofP remises:(Blueprints not accepted,diagram must be orithIOTOTriii _ 1 Check ALL boxes that apply to your business 21 Entrances/Exits ® Liquor storage areas Patio ❑ Contiguousen 0 Service windows 0 Drive-in windows 0 Non Contiguous 2 Is your licensed premises currently closed due to construction renovation, or redesign? gl YES 0 NO If yes,what is your estimated opening date? 1 211 6/201 2 ae month/day/year F= 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas inc ling the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 r' 4 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 outside dimensions of the licensed premises Please do not include non-licensed 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 applicants initials 0 SECTION 16 Diagram of. 4,mises 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 all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T. 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 t i+fin Jl N r. CT^•#c'0 O na C) C) r" r M EA. SECTION 16 Signature Block Auk I Rang Hui Zhao , hereby declare that I am the OWNER/AGENT filing this (print full name of appI,;anti application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct and complete. (signatur f applicant listed in Sectron 4.Question 1) State of 4thzo t1 County of ttth R.�f W(k The foregoing instrument tlwas macknowledged before Amnetthis 0,,. ,, °FOICiALSEAL IS of Ut,,s V . �,7) 4� '"1#` JENNiFER BENSON pay Month Year: �.r;;a NOTARY PUILJC.Stole of Alma �,s : wtARICOPA COUNTY My commission expires or �o,,s� t6.2616 ' Ce, M.-„. :_. sig re of NOTARY PUBLIC " ACCEMIL$SEATING NOTE& ocuorts CWIP1.10T ID I k t+ c k [ `� \ fLP.EO.ttt'Ist_41 SCtf£45RL. K- T�1 WC{tiElOitCLEARANCE: E: MAIL TEL Sotto r-4 RNLI CtLaAM+cE: Zr ua au-vow., +o•MEP f'H & R BLOCK" 1OCCUPANCY B r I i5J U �� CQ._ o 20->" / I 111 1 A _ R i 14` , 11 I�i f _ t � ,'• 1 t I :Vo IIi1g,f( q) QD 1 ,_ V !� . -y r I `11+ I � 6 r /ENTRY/ m - ' �� 1..—..L...��— "� �,/ EXIT �("') �. y tI 0,,51 , Cj C� C'1�• ', G -Ill : 1.0 At r I 1 1tf ��" I S. A..BIEe MEA y r i' 3-u�" '" _. co 7 4- f # I ,\ NALLWAx ii=:.--IOtt .} p-.#. EXIST 1 # { 1.irj Mil C DELIVERY . ' 4 , .,, ",>_ 1 :., t x 1ML.L&I SIB, ,"��� , �`� 1 Y_ _ i FREEZER J %J $ �.INIsp . [i e-j r' ' I"+"aF� dt ‘ r '�9 4I—�" 1 f iF.#s + I?�ii, ili ii,'',.: f4li __,,,,....41,,),,,:e.-' ``r SUITE 103 _ :1_1 c,I-�,,p r `�CF c.+1t' YAGAN I SUI I EQUIPMENT FLOOR PLAN / DATE 9-27-12 U• '5t1 �.�t,Ll �v3 �� Lo\ D\ '-ar-c\ I\ c+I1 i i1 'sQ C u o�ii 1i'}C ) ' ) Al NW Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL BOO W Washington 5th Floor Phoenix, AZ 85007-2934 www azliquor gov (602)542-5141 RESTAURANT OPERATION PLAN ,._ LICENSE# 1. List by Make,Model and Capacity of your: Grill ;One standard Grill Oven One standard oven Freezer One welkin freezer Refrigerator Two standard refrigerator Sink Five Hand sink in whole restaurant. rich Wachinn Facilities Urie dish wdai,.:r make uy Jackson j • Food Preparation 500 sq ft Counter(Dimensions) Other 2. Print the name ofyour restaurant Lotus Garden Chinese Cuisine r-1 3. Attach a copy of your menu(Breakfast, Lunch and Dinner including prices) 4 List the seating capacity for: Aonikk a. Restaurant area of your premises [ 40 b Bar area of your premises [ +4 ] c. Total area of your premises [44 5. What type of dinnerware and utensils are utilized within your restaurant? fl Reusable 0 Disposable 6 Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). El Yes 10 % 0 No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen,bar,cocktail tables or game area) 32 'Disabled individuals requiring special accommodations,please call(602)542-9027 u91 11 Q5/20O9 8 Does your restaurant contain any games or television? 0 Yes❑No If yes,specify what types and how many of each type(Televisions,Pool tables,Video Games,Darts,etc). One plasma TV ry 9 Do you have live entertainment or dancing? ❑ Yes E1 No (If yes,what type and how often?) r— 10. Use space below or attach a list of employee positions and their duties to fully staff your business. E Manager. Duties included ordering goods,scheduling, and customer service waiter or waitress.Duties included customers service for dining room Food packer Duties included answer phone and pack take out orders. Chef Duties included cook,food prepare, qualities control Cook:Duties included cook,food prepare,deep fry,and grill ('nok helper Duties included food prepare,dish wash,clean up Rong Hui Zhao ,hereby declare that I am the APPLICANT filing this application I have (Print full name) read this application and the contents and all statements true,correct and complete. State of - Igo�k County of 1-1P.c*T.1 Cffr � c-- �{ � ,,,,G- -- - 1 The foregoing instrument was acknowledged before me this Signature of APPI.If A "1'? OFFICIAL SEAL day of OAR :�%. JENNIFER BENSON r llay nt!titonib Month Year r,�r t= NOTARY PUBLIC-Stilt of Alta a i My commission expires on O+t0' My Cps nary6,2E116 • (sigh of NUTA PLBL C) Welcome To Lotus Garden APPETIZERS Chicken Lettuce Wraps 6.49 Chicken, Scallions, Water Chestnut, Rice Sucks,Mushroom, Iceberg Lettuce Dumpling (6) 5.49 Pan Fried(Potstickers)or Steamed ru BBQ Spare Ribs 6.49 Selected ribs with Chinese BBQ Sauce , r Crab Puff(4)3.29 =• • Crab.Cream cheese Spring Roll(1)0.99 .fix 1 c;;gies and noodles a crispy wrap Fried Shrimp(4)4.49 Lightly battered shrimp fried to golden color served with Sweet& Sour dipping Sauce SOUPS & SALADS Egg Drop Soup Cup 1.29 Bowl 4.49 Broth soup with egg,corn, peas and carrots. Hot& Sour Soup Cup 1.29 Bowl 4.49 Broth soup with egg,tofu, Chinese mushroom,bamboo shoots. balanced with vinegar and pepper Wo n to n Soup Bowl 5.79 !Made fresh by hand in our kitchen. Pork wontons with veggies,chicken,shrimp in chicken broth. Spicy Chicken Noodles Soup(Pin Rice Noodles)Bowl 5.49 Chicken, veggies,tomatoes,rice noodles in spicy chicken broth. Chinese Chicken Salad 5.99 Chicken.mixed greens with crispy noodles tossed in a lemon dressing /'1 CHICKEN 7.69 Sweet&Sour Chicken Pineapple, red, green peppers,onion with homemade sweet& sour sauce Moo Goo Gai Pan Slice Chicken breast with fresh snow peas,mushrooms,and veggies in a flavorful white sauce Kung Pao Chicken Chicken breast stir-fried with water chestnuts,celery,green, red peppers in chili spicy brown sauce Almond& Cashew Chicken Stir fried with water chestnuts, mushrooms,bamboo shoot,celery, and onion in a traditional brown sauce Orange Chicken Lightly battered chicken in mild chili orange sauce Mu Shu Chicken Chicken breast,egg,mushrooms and green onions served with hoisin sauce and warm Chinese pancakes. ry Chicken With Black Bean Sauce ? Slice chicken breast stir-fned with onion,peppers in a mild black beans flavorful sauce Chicken With Broccoli 14. Chicken breast stir fried with garlic, carrots,bamboo shoots,and tossed with broccoli �-- House Spicy Chicken Slice chicken breast lightly dusted and stir fned with a tangy sweet and spice sauce Sesame Chicken Hand cut chicken breast lightly battered with the mild sweet flavorful sauce Chicken Egg Fu Young Three egg, veggie Chicken mix patties top with Fu Young gravy Teriyaki Chicken Grilled tender chicken with the flavorful teriyaki chicken over a bed of crispy lettuce Crispy Honey Chicken Lightly battered and served in a honey sauce Garlic Chicken Tender slice chicken stir-fried with celery, bamboo shoots, and bell peppers in Yu Shiang sauce PORK 7.69 Mu Shu Pork Strips of pork,egg,mushrooms and green onions served with hoisin sauce and warm Chinese pancakes Sweet& Sour Pork /IN Pineapple, red,green peppers, onion with homemade sweet& sour sauce Twice Cooked Pork Red pepper, green pepper,soft cabbage wok cooked with BBQ pork BEEF 7.99 Mongolian Beef Tender steak wok cooked with chili, onion, scallions,and premium sweet soy sauce f'A Pepper Steak Tender flank steak stir-fried with red, green pepper,onion in a homemade brown sauce --' Beef with Broccoli Tender steak stir fried with garlic, carrots, bamboo shoots,and tossed with broccoli Orange Beef Tender flank steak tossed with a mild chili orange sauce Beef Chop Shey Mix veggies wok cooked with selected tender beef SEAFOOD 8.99 Kling Pan Shrimp or Scallops Stir-fried with water chestnuts,celery, green, red peppers m chili spicy brown sauce Shrimp With Lobster Sauce White eggs,water chestnuts, fresh mushrooms wok cooked with garlic white sauce Sweet& Sour Shrimp Pineapple, red,green peppers,onion with homemade sweet& sour sauce Shrimp with Vegetable Snow peas,broccoli,bak choy,water chestnut, carrots,baby corn stir-fried with white flavorful sauce Black Bean Fish Slice boneless fish stir-fried with onion. peppers in a mild black beans flavorful sauce Walnuts With Shrimp Sweet creamy sauce in a ring of orange NOODLES, MEINS & RICE Fried Rice 6.49 Wok fried rice with egg, bean sprouts, scallions with premium soy sauce Choice of chicken,steak, BBQ pork,or veggies. Shrimp will be an additional 1.00 House Fried Rice 6.99 Combination of beef, chicken,and shrimp Lo Mein 6.99 Stir fried soft noodles and vegetables Choice of chicken,pork,or beef Shrimp 1.00 extra House Lo Mem 7.49 Combination of beet;chicken,and shrimp R -.i Singapore Noodles 7.49 Rice noodles stir fried with shrimp,chicken,vegetables and curry seasoning. Double Pan Fried Noodles(Hong Kong Style)8.99 Pin size egg noodles pan-fried with shrimp,chicken,beef, mushroom.bok choy VEGETARIAN DISHES 6.99 Mixed Vegetables Broccoli, snow peas, bok choy, water chestnut. in a lightly white flavorful sauce Ma Po ToFu Crispy silken tofu tossed in a spicy sauce Eggplant with Garlic sauce Chinese eggplant tossed in spicy garlic Yu Shiang sauce KI D'S MEAL 3.79 For kids 12&under :Served with a kid's drink Select one of your kid's favorites Kid's Chicken egg fried rice Kid's Chicken Lo Mein Teriyaki Chick with brown or white rice Sweet&Sour Chicken with brown or white rice DESSERT Ice Cream 1.29 Miru Cake 1.79 Cht set.ane New Mork Style i.99 Almond Cookies(6) 1.29 SOFT DRINK Soda 1.69 Juice 1.99 Milk 1.39 Energy Drink 2.49 LUNCH MENU 11 am-3. 30pm Choose one of these favorites + a cup of daily soup + a spring roll Orange Peel Chicken Kung Pao Chicken Sweet & Sour Chicken or Pork Moo Goo Gai Pan Almond & Cashew Chicken House Spicy Chicken re Teriyaki Chicken Chicken with Broccoli Mongolian Beef Pepper Steak Beef with Broccoli Twice Cooked Pork Mix Vegetables /1 Kung Pao Shrimp Shrimp with Lobster Sauce Shrimp with Mix Vegetables Lo Mein with Chicken, Pork, Beef, of Shrimp MAY CHOOSE FROM MAIN MENU Chicken, Pork or Vegetables 5.791 Beef 5.991 Shrimp 6.49 omik LOTUS GARDEN CHEF'S SPECIALS Triple Delight 9.29 Happy Family 9.49 Sweet& Sour Combination 8.99 Combination of pork,chicken,and shrimp,pineapple,red,green peppers, onion with homemade sweet & sour sauce Sizzling Black Pepper Steak 9.49 Selected tender steak with black pepper,green pepper, red pepper, and onion in traditional spicy brown sauce. Serving with hot pan. Y; n.3 Kung Pao Two (Shrimp & Scallops) 9.49 5 Stir-fried with water chestnuts,celery, green,red peppers in chili spicy brown sauce Scallops with Snow Peas 9.49 Stir fned with snow peas,carrots,and water chestnuts in white flavorful sauce LOTUS GARDEN CHINESE CUISINE Wines ( by Glass) 3.89 Sake (Hot) per Jar House White Wine House Red Wine House Rose Plum wine White Zinfandel Beers , Domestic 2.69 Imported 2.99 MI your favorite cocktails 4.49 11. r-" State of Arizona Department of Liquor Licenses and Control 800 W Washington, 5' Floor Phoenix,Arizona 85007-2934 www.aziiquor.gov (602)542-5141 RECORDS REQUIR, D,.FOR AUDIT Applies to Series 11 (Hotel/Motel WIRestau� ant)&Series 12 (Restaurant) Only MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STAIR In the event that your business is audited by the Department of Liquor, you will be asked to provide documentation of ^compliance with A R S §4-205(H) Other documents that may be required for audit include and are not limited to. 1 All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises 2 A list of all food and liquor vendors 3 The restaurant menu reflecting prices during the audit period 4 A price list for alcoholic beverages on menu during the audit period 5 Mark-up figures on food and alcoholic products during the audit period ru 6 A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment --i 7 Monthly Inventory Figures-beginning and ending figures for food and liquor r_ 8 Chart of accounts(copy) :� 9 Financial Statements(Income Statements, Balance Sheets,etc) r' 10 General Ledger A Sales Journals/Monthly Sales Schedules 1)Daily Sales Reports(to include the name of wait staff, bartender, etc with sales for that day) 2) Daily Cash Register Tapes-Journal Tapes and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5)Any other evidence to support income from food and liquor sales B Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2)Bank Statements and canceled checks 11 Tax Records A Transaction Privilege Sales, Use and Severance Tax Return(copies) B Income Tax Return-city, state and federal(copies) C Any supporting-books, records, schedules or documents used in preparation of tax returns 12 Payroll Records _- A Copies of all reports required by the State and Federal Government B Employee Log-(A:R.S.-§4-119) - C Employee time cards(actual document used to sign-in and—out each work day) D Payroll records for all employees showing hours worked each week and hourly wages 13 Off-Site Catering records(must be complete and separate from restaurant records) A All documents which support the income derrved from the sale of food to be consumed off of the licensed premises 8 All documents which support purchases made for food to be consumed off of the licensed premises C All coupons/specials/diiscountS 7/25/2012 AZ CORPORATION COMMISSION 11111 �z((�jCo((r�. �(ommissijian1 t�� iII# ei1��1Ef 03928617 AUG 10 201ZFILE No e W NOT v147E*awc am i. :RES/MY@ FOR ACC use Olef.Y ARTICLES OF ORGANIZATION Read the Instructions LDIQ .., 1.. ENTITY TYPE -check only one to indicate the type of entity being formed: ❑a LIMITED 11ABfLITY COMPANY ❑ PROFESSIONAL LIMITED LIABILITY COMPANY 2. ENTITY NAME -; in ta.st1Qns Lg1Oi for naming requirements -give the exact name of the LLC: EastLand International LLC 3. PROFESSIONAL LIMITED LIABIUTY COMPANY SERVICES-iE pnfesssonsi LC is thado3d in number I above,describe the profrosional services that the professional LLC will provide(erramnples:law fire, accounting,medical): ra ! 4. STATUTORY AGENT—.se instructions L0101: —, 4.1 REQUIRED-give the name(can be 4.2 OPTIONAL-matting address in Arizona u an individual or an entity)aced physical of Sal:Mar'Agent(can be a P.O.Box)• or street addrees(not a P.O.Floe)in Arizona of the statutory agent: _ Kong Hui Zh+ao scaiwbuy Ago*creme r-= xtt r+ttnn Ovalcart) '- AM:Oft:a(opns-vi) 211.6 E.Aloe Place tAN-iertu._ /Win i 2 f eel](lei) AZ 85236 Address z 9pgMa ow Chandler sneer an sate 1 lip 4.3 REQUIRED-the}tatutory Aaem_A�'-ei7S c-e form MOO2 must be submitted along with these ArticSes of Organization 5. ARIZONA KNOWN PLACE OF BUSINESS ADDRESS: 5.1 Is the Arizona known place of business address the same as the street address of the statutory agent? s❑ Yes -go to number 6 and continue ❑ No -go to number 5.2 and continue 5.2 If you answered'No to number 5.1, give the physical or street address (not a P.O. Box)of the known place of business of the LLC in Arizona: Aetat (om) Aadreis "Aim:2(ocriouili r Zip un- stare or ProdowNe (.11OACti 2trifl Arta..C,.rpirnrs+Qw.nl.. -Cafsro►arq Da:~ Pup 1aJ Ask 6. DURATION - the duration or life period of the LLC is presumed to be perpetual unfms one of the boxes is checked below and the corresponding blank is filled in: Q The LLCs life period will end on this date- (enter a date) The LLCs life period will end upon the ocnumanae of this event (describe an event) COMPLETE NUMBER 7 OR NUMBER 8 — NOT 30TH. 7. MANAGER-MANAGED LLC- see Instrur on1L0101-check this box❑if management of the (IC will be vested In a manager or managers, and complete and attach the Manager Stricture Attacih ment form L040. The riling will be rejected if it is submitted► without the attachment . 8. MEMBER-MANAGED LLC- see Instructions L010(-check this boxQif management of the LLC will be reserved to the members, and complete and attach the Metnber Structure Attachment form L041.. The filing will be rejected if it is submitted without the attachment. 9. ORCANN52.1"lS- fist the name and oddness, and provide the signature, of each and every organizer- minimum of one is required. If more space is needed, check this box 0 and complete and attach the OrganjZer Att c11 rent form L042. Bong Hui Zhao moue news ---- 2 1 16 E.Ai0e Place a> cs I Metals t h.at.s 3 t Pam` F Adam*dam*7(rational) Chandler lAZ 185286 City srEte rip UNITED STATES I ,entry campy. SIGNATURE-see thug t ns.La= SIGNATURE-see laggaios.LQ,!Qi. r ra i3y checking the box marked"I accept'below,I Ely checking the box marked`I accept" bek w,I acknowledge under penally of perjury that this document acknowledge penalty of perjury that this document 1,17 together with any atradiments is submitted In comp once together with any attadhrnenfs Is submitted to compliance r- v itit Ar{curia law. with Arrzona law El I ACC:E T El I ACCEPT r— — ..Signature Srarrirtwe r-- Awe Rong Htii Zhao 08/05/2012 cr. Dito —Yee tar 914`lawa roe Rea Ett IZY,OifGIt ow,FILL us MAW: t IF SWUNG FOR Aef ENTITY, eCY.axe,FILL Di BLANK, Corporation as Organiser-I am signing as.7n Carporaaan as Orgenizer-I am s.gnin as en officer or authorzed agent of a corporation and its officer cur r uthonzed agent of a:zxjx:Tatla1 and Its name is: name is: LLC as Organizer-I am signing as a member, LLC as Organizer-I am signing as a rtr=•mt e-, manager,or autnoriz d agent of a Ftrltsteci liability manager,or authorized agent(Oa llrtltted liability company,and its name is: crymf a.ity,and its name is: - Mail. Arizona Corporation Commission r Filing Fee: $50.00(regular processing) Corporate Filings Section Expedited preccssing -add$35-00 to Ming fee 1300 W. Washington St-,Phoenix,Arizona 55007 Ail fees are nonrefundable-see Instructions. Fax: 602-542-4100 Agee to aduM.ed that a,.CC.hums(died way the eateiaum groeb ore regtNired by sdtate You shall,Mk f»iesla raxlsel for those theist,that au,tiertama to rho huhadoal reads of your butioete. ail docutraots Sod Mien the&uxe Ccraoratien Q.nsmisskoi are walk record and are open For pubrc inroad'ten. if you hr+equestiaie Mbar riteerethe instractiortf.Plane al eel-542.3026 er(eta*i Maine only)800-345-58I9 !;tcmt mov.Comer:vm.uetxn-Oxr-Y-seraC?.eum ore,200 Pugs 2 of • GCY piaT • r' =.IE THS LItE;aeseaYEO Oft ACC USE ONLY. STATUTORY AGENT ACCEPTANCE Please read Instructions M002 1. ENTITY NAME- give the exact name in Arizona of the corporation or LLC that has appointed the Statutory Agent: L-astLand International LLC 2. A.C.O.FILE NUMBER (if entity is already incorporated or registered in AZ): ttw A.C.Q.roe fumb x on the upper career of flied documents OR on our webe to at:trt'b://anvw.aztr-oov1CivisiensiCarporau:ms 3. STATUTORY AGENT NAME -give the exact name of the Statutory Agent appointed by the entity listed in number I above (this will be either an individual or an entity): Rong Hui Zhao 3.1 Check one box: ®The statutory agent is an individual (natural person). 0 The statutory agent is an Entity. STATUTORY AGENT SIGNATURE• n� By the signature appearing below, the individual or entity named in number 3 above accepts the appointment as statutory agent for the entity named In number 1 above,and acknowledges that the appointment is effective until the entity replaces the statutory agent or co the statutory agent resigns, whichever occurs first. 1_ By checking the box marked "I accept" below, I acknowledge under penalty of perjury that this,- document together with any attachments is submitted in camplianee_with_Arizona_iaw._ t-+ s J ACCEPT \ Rang Hui Zhao RSAorxzu t t Slp4b bM PrYstr'!hsa,e emu± REQUIRED -check only one: 0 Individual as statutory agent: i am 0 Entity as statutory agent: I am signing on signing on behalf of mysetf as the individual behalf of the entity named as statutory agent, and I am authorized to act for that entity. Filing Fee: none( r processmg) rou: Arizona Corporation rlssion-Corporate Fitirigs Section Expedited processing-add $35.00 to filing ter 1300 W. Wastar�gtorr St.,¢tboenix,Ancona FS0O7 AO fees are nonrefundable-sea insuvct 0ns. _ Fax: 602-542-4100 aleese be advised the A.C.C.forms'rrfect aniy the minimum p o.bdom reQylred by state. You should set*prnete Segel coups Tor tficse matters that moY feet*" to the ndividuai nee.*d Yetx Dp4ne S. lU documents flied with the Alumna Corporation Corr-fission arts:4We record and are open ter public e i n. it yen lure auedona after read;the IAipRJQSU i,Oaleut SC2-MX.3O26 er(within i Arizona n++v)&fO-3<5-5819 1i12 t1 i ,t1vw Cersenixn cent Ter,celeno n. Fier.2Sri page t ci 00 NOT WSSTE A 0VE t--OS LIME; &S Rv I-O ACt USE Only- MEMBER STRUCTURE ATTACHMENT IntaYre RAKE-give the exact name of the LLC(foreign LLCS- grve name in ctorniole state or Ctuntry): EastLand International LLC 2. A.C.C.F!.E NUMBER(if known) Ftrsi[lit A-C.C.rite number on the wee'Corner aT filed documents OR on our webeVe at htto://www.sitt-goviCrirtvons/Cowlnotrom rL7 3. Credt one bor.ority to indicate whet doa ment the Attachment goes w the g Articles of Organization Q Articles of Arnendtnettt 1/4.0 [-]App fcaticxt for Registration []Articles of AmenGment to Appliccton for Registration 4. MEMBERS-give the name and addrss of ail Members. [f more space is needed,use another neater Structure rt Rong Hui Zhao u5 home 2116 E. Aloe Place ',Aker%r Addnac i --- ----'---� Adieus&2(optanal) adin-ss 2;cpriarat) Chandler AZ 85286 city i _..— - Su+s or „ ary ',lake<r :UNITED STATES STATES pro-Axe p,uyInce - a eta -- ---- -- AdOnnes 1 monis Adore Lcpooaat) i I ktr*es (*teener!. _. City Stain ar yip StAto or County I Prw M tner Provte COautry home Nardi Address 1 eiiese 1 Adtress 2(OptrotrOf) Aeon '2;optional) — T� Otr State fr Xty ' Otv StzCe Prieto= ►ro.Kws Country I Country I L041 aoi Mena Cowman Cammbbiat- Capuvbna drrt0l Rap 2310 Ptipotdl NOTICE (for publication) ARTICLES OF ORGANIZATION HAVE BEEN FILED IN THE OFFICE OF THE ARIZONA CORPORATION COMMISSION FOR I Name. EASTLAND INTERNATIONAL LLC L-1781257-6 11. The address of the known place of business is III The name and street address of the Statutory Agent is (Please check A or B) A. [ ] Management of the limited liability company is vested in a manager or ,.;. managers The names and addresses of each person who is a manager ru AND each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are 'xt B ( ] Management of the limited liability company is reserved to the members -74 The names and addresses of each person who is a member are r- (Please check appropnate box for each) rst [ j member--[__.]manager_. [ j member [ j manager [ J member [ ] manager [ ] member j j manager LL.0001 kitorta CorparationComrniuon Rev '0J200 Carparnliona i?ives<on AFFIDAVIT OF PUBLICATION FOR THE CORPORATION COMMISSION Asian American Times 2011 S Henkel Circle, Mesa, AZ 85202 Tel: 480-839-5139 • Fax: 480-247-3008 • www.AsianAmericanTimes.us Email. ad@AsianAmericanTimes us Aga STATE OF ARIZONA County of Maricopa, Pinal, Pima, and Coconino I, QUINNEY FU,am authorized as the publisher to make this affidavit of publication Under oath, 1 state that the following rs true and correct The ASIAN AMERICAN TIMES is a weekly published newspaper of general circulation in the State of Arizona, counties of Marcopa, Pinal, Pima, and Coconino, which is in compliance with Arizona Revised Statutes§§10-140 34&39-201 A& B. The notice has been published three(3)consecutive times in the newspaper listed above DATES OF PUBLICATION. 1) SEPTEMBER 27, 2012 2) OCTOBER 4,2012 3) OCTOBER 11.2012 r THE NAME OF THE CORPORATION. EASTLAND INTERNATIONAL LLC CORPORATION FILE NUMBER' L-1781257-6 TYPE OF DOCUMENT. ARTICLES OF ORGANIZATION cfl AUTHORIZED SIGNATURE r` SUBSCRIBED AND SWORN TO BEFORE ME ON THE 11TF OF OCTOBER,2012 NOTARY SIGNATURE. • so TA: OCT gI Zr— Z_ ARIZONA COPP GO%'."1S CCRFO;' t ` . _ `1 ' _ ";{ 11 .•LA �3 �‘��: �, -E 2e.24 �� _ _ ,,,„,...___ . es.,-., ., go 9........... , (9, i -C3EPARTMENT OF LIQUOR LICENSES&CONTROL '12 OCT 19 Liar. L1 : 800 W Washington 5th Floor /S Hnoenix AZ tt5007-2934 1 (602)542-5141 i %\ QUESTIONNAIRE Attention all Local Governing Bodies Social Security and Birthdate Information is Confidential. This informati}si tsgive o / local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadabi pr to po ing 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. TO SE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A Si FEE In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each fingerprint card. Liquor License The fees_alloYred t?1(A,R,�§44-6852 wilt be charged for all dishonored checks. t_! / (1 location is currently licensed) 1 Check ✓Controlling Person `✓Agent I Manager(Only) appropriate (Complete Questions 1-19) I (Complete All Questions except#14,14a&21) box--10. Controlling Person or Agent must complete#21 for a Manager i Controlling Person or Agent must complete#21 2 Name Zhao Rung Hui Date of Birth. -,W ' Last First Middle (N¢1'a Public Record) 3 Social 5eoithty Number firatiiiir Drivers License# State AZ ('NOT a public record) (NOT a public record) 4 Place of Birth Taishan City Guangdong China Height 57". Weigh 130 Eyes brawn Hair black City State Country (not county) 5 Marital Status Single ✓ Married Divorced 'Mdowed B Name of Current or Most Recent Spouse Chen Yue Hao Date of Binn (List all for last 5 years-Use additional sheet if necessary) Last First Middle Malden (NOT a public record) 7 You are a bona fide resident of wnat state? Arizona If Arizona,date of residency Sep. 12, 1991 8 Telephone number to contact you during business hours for any questions regarding this document. 480-907-8669 9 If you have been an Arizona resident for less than three(3)months.sutmoit a copy of your Anzonadriver's license or voter registration card, _ 10 Name of Lic,n. sed Premises Lotus Garden Chinese Cuisine Premises Phone" 8"Se rpl '' K , 11 Physical Location of Licensed Premises Address 183 W Apache Trail#104,Apache Junction AZ 85220 , to,,...,, .,, A Street Address (Do not iise PO Box e) City County Zip 12 List your employment or type of business during the oast five 5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS McrttrYYear Month'Year OR BUSINESS (street address.city state&zip) Augt 2008 CURRENT Manager Yum Yum China Restaurant,2000 E Rio Salado PKWY #1218,Tempe AZ 85381 i Mardh/2005 July/2008 Manager Cajun Grill, 5000 South Arizona Mills Circle Tempe,AZ 85282 I I ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)yearn FROM TO Rent or RESIDENTIAL Street Address Mmt'v'Year Maitti/Yeai Own 11 rented,attach additional sheet vats name,address and phone number of landlord City State Zip Junel2004 CURRENT own 2116 E Aloe Place Chandler AZ 85286 April 16,2012 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#15 14 As a Controlling Person or Agent,will you,be physically present and operating the licensed premises? ✓YES NO if you answered YES,how many hrs/day?(Q AtiikSand,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) v.YES 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 ANN 16 Are there ANY administrative law citations,compliance actions or consents, criminal arrest, indictments YES ✓ 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 application or license rejected denied revoked suspgnde 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 misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member. YES ✓ NO 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 signed statement Give complete details including dates,agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 I Rong Hui Zhao , hereby declare that i am the APPLICANT/REPRESENTATIVE (print cult name ut Applcant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete X State of -r -tOt.>A County of '-tf * (Signature of Applicant) - — iSuOFFICIAL SEAL .-__? . acing l�5tltttr�t w s acknowiedged.befeN tea w' '• JENNIFER BENSON day of 1/U 1 .U NOTARY PUBIUC•Stale of Arizona Month ye r MARICOPA COUNTY t My commission expires on ►MComm.Expires Febury 16.2tr16 -Jlktt -j-fNi Day McY1'. Year )S4riatureofNOT YPUBLIC) 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 was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (5ognature of NOTARY PUBLIC Pnnt Name My commission expires on Day Month Year Print Form j� ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License#: ) i ) j e5 l3t9e-c?" Ownership Name.�ti,' Hui Zl,ncr ,� �� I. 11 d t kZ�4-i tillNt S iC r% (as listed on the current liquor license application or renewal application) ri t c ) Tide IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), S "t U S C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen j nationals, non-exempt "qualified aliens" (and sometimes only particular categories of quahficd aliens), r, nonimmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public ,— benefit. F. MI Anzona Revised Statutes S I-501 requires, in general, that a person applying for a license must submit docuric,- ition.to the ltcersrng age:.-y that satisff~*rni!_ demon-tra•,'.. ;.h:,* ``r applicant is lawfully -pert :n the United States. Directions, All applicants must complete Sections 1, It, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal. SECTION I—APPLICANT INFORMATION APPLICANT'S NAME(Print or type)Rong Hui Zhao DATE-1°11612Q12 TYPE OP APPLICATION(check one) X INITIAL APPLICATION RENEWAL, TYPE OF LICENSE Series 12 for Restaurant SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a levible copy of the front.and the back(if any'),of a document from the attached List A r o ^r document that demonstrates U.S citizenship or nationality. Name of document provided�ct-- C- *Cp. A. Are you a citizen or national of the United States?(check one) XYes —\,, ` ,j;`4 al. IB lithe answer is"Yes,"where were you born? List city,state(or equivalent),and country City Taishan City State(or equivalent)Guangdong Country or Territory phina _. ____ If you are a citizen or national of the United States,go to Section IV. If you are ngt a citizen or national of the United States,please complete Sections III and IV 1 DLLC 2t20109 AG 11,08/07-81662 1 Page I of 7 1 1 1 SECTION III—ALIEN STATUS DECLARATION Directions: To be completed by applicants who are not citizens or nationals of the United States Please indicate alien status by checking the appropriate box. Attach a legible copy of the front,and the back(if any),of a document from the attached List B or other document that evidences your status.A.R.S § 1-501 Name of document provided. "Qualified Alien"Status(8 U S C§§ 1621(aX1),-1641(b)and(c)) ❑ 1 An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(LNA) ❑ 2 An alien who is granted asylum under Section 208 of the INA ❑ 3 A refugee admitted to the United States under Section 207 of the NA O 4 An alien paroled into the United States for at least one year under Section 212(dX5)of the INA. ❑ 5 An alien whose deportation is being withheld under Section 243(h)of the INA. ❑ 6 An alien granted conditional entry under Section 203(aX7)of the INA as in effect pnor to April 1 1980 v ❑ 7 An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Ac,t of 1980) cr) r r]R An altars who is or child or child's Parent is a "bartered alien" or an alien subjected to rxtreme cruelty in the United States. Nonimmigrant Status(8 U S C§ 1621(ax2)) ❑9. A nonimmi ant under the Immigration and Nationality Act[8 Ui S C § 1101 et seq.) Nomminigrants are " persons who have temporary status for a specific purpose. See 8 U S C § 1101(aX15) Alien Paroled into the United States For Less Than One Year(8 U S.0§ 1621(a)(3)) ❑10 An alien paroled into the United States for less than one year under Section 2t2(dX5)of the INA Other Persons(8 t!S C§ 1621(cX2)(A)and(C)) ❑ 11 A nonimmigrant whose visa for entry is related to employment in the United States,or ❑ 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U.S C.§ 1901 et seq], ❑ 13 A foreign national not physically present in the United States, Otherwise Lawfully Present(A R.S § 1-501) ❑ 14. A person not described in categories 1-13 who is otherwise lawfully present in the United States PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U S C.§ 1621(a) Page 2 of 7 SECTION IV—DECLARATION Ail applicants must complete this section. I declare under penalty of perjury under the laws of the state of knzona that the answers I have given are true and correct to the best of my knowledge. 10/16/2012 ApPLIC T. SIGNATURE TODAY"S DATE r�} c ! r r- n eIN Page 3 of 7 ) ) I__- c ...... . .... , _ 4 ( . _ 1 Fni77.4' 7.1,;Y:1,44 'AI No 24673124 c! ro I 10 lt (' tIL.S. Ct: V It :41 ,....L) tit ,,le , .r;. '`,(1 k' ri t.: f ,,,,,.. . Af..„' I, t I'S 1 creAroeuri ciaciott(thre,i•lhoiae,.- k11-*9141-" '1 `r 1"• A42 730 673 ) ' t ay ridar;e:ciiirstraylezatiork. ,c)' 4c 1 ectIzityPI/taZ tae cksa#tioa,,,,a wen I&Mae;a/a dat acA4.atayiY0.4,aut/Zzed 4 , I Ade,(,,,-/ a elo-t&a,hi i eae4:5 erne, 9 K 1 illMIMIIIIIIIIIIIIIIIIIrlw I —k , t 4- MALE,.., ol, V -.A. „;,„ — --7.. ..._1\os_, ,. .4 . ,TC[ .4., 5 feel, 07 1 welies, 1 frohilbefae and tour.tyratate.vikridre...) !I , r "c'I'l Li V, 01'.'.1. ii-latt I-a kli1-1114.' SINGLE ,93e II.A.aaam.da.1,Aarvaaat ta an at6,Mcatientlied with,IIre...,./61(Hwor, racer/.j / .i.filkw • „,,, 1 i*V47' .,,,,, ,, uoatztry,stjaraleP nataina417, a4 PHOENIX, AZ t. .„1„ 11 ' Y )1 I. 41 .. , CHINA, PEOPLE' S REPUBL43Y4 it?" f.I t eilaYt/4 M.' 5,?:/044eld(kit• RON4 HUI ZHAO Mew,POSIgly In eilie'llilliedtfiak4„Wendy lo rowde at illailtukcitialos,e 4 4 a b(to 1 ilit,411 11' N 1 reyairedl#y dc..4iiitaraii;zatam,..4zahr Filde/lbulacitalez,a/u/ )fuze/at,a/lotAre 1 ; reOcets,coreed Iota tile a#/tca4lelitooyaaa4 Owelt.nalanika- tranituve,aad was, 1, .:4. , i. , -..;, • enfided4t. ,ackuttedlo cdieciadt f o stac,41)erirchafilarmay la,/zeri,die oat,i firaWrgazac* '''' '•‘ il a v ea. ,Ceeel'10119 Wil( 4,Cia:4 ,y,(1,;1'." .... DISTRICT COURT , FOR THE DISTRICT OF ARIZONA it :3 I i 1 ,t. 3 (a. PHOENIX, AZ cell•' AUGUST 13TH, 1999 i AO'k i i . t4 'W .it.. .... il , ,I . ".* '!0. buzio,saclz,betsark iir ado/a/Sas a utizen,r/eite Waied,„t.i/a/a.ot./tateraa, i •\'': IT Ito' PUNISHABLE BY U S LAW TO COPY 7,1 / O lop ,„,,C.,„..,:i / i ../ PROP; R PHOTOGRAPH THIS CERTIFICATE, I ka_4' ;,44 WITHOUT ' 4 i YA ' r.ii""i• '_,'NLNA1W7!UL."AtT'TO.4,R1 _••_•-_,_._w_d_ ,.I .,,.,...t_-.? V1_•4a.Al!;.remit.i.lf..a,,u,r'a‘..,,,z 4VIlw,ri ,\ 9 .,.,4 k.--- , \"‘„,„14 1: ' :...-,,,,...-,-. ..1":,- '..;`,4•V'')11111131111PAL.WetlIMOILICalltivit.teNIV411111311VICILIVIIIZ, '' s - fz, ,r, ,,,.. , • 4 - - '......,21,N ' -% .`" - *ToliM k"'550"t.ora 0. r- - Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original form. eT R. a ti o z (4 /1 o Full Name(please print) ` Signature Ocr /3/, Zo/Z Training Cogipietion Date Type of Training Completed(check Yes or Not 2Yes ❑ No BASIC Eyes ❑ No ON SALE T /3 2 ©/ 7 2 Yes ❑ No MANAGEMENT ❑Yes 2 No OFF SALE Certificate ExKration Date [ ,Yea ❑ No BOTH ❑Yes ® No OTHER (MANAGEMENT-5 years from completion date) iBASiC 3 years from completion date) If Trainee Is Employed By A Licensee _ A c2rc5 4/ WE"J.._ Name of Licensee C Hitt/xse Business Name G OfivA/ Liquor License# Alcohol Training Program Provider Information ( ARIZONA BUSINESS COUNCIL FOR ALCOHOL EDUCATION (ABC) Company or Individual Name(please print) 77 EAST COLUMBUS AVENUE,SUITE 102 r Address PHOENIX AZ 85012 ( 602 ) 285-1396 --_. City State Zip Daytime Contact Fhnre s I certify the above named Individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Ancona 11. Administrative Code,and the training course curriculum approved by the Department of Uquor Licenses and Control: BILL WEIGELE Name of Trainer(please print) Trainer Signature Date Pursuant to A.R.S 4 4 112(G)(2),mandatory Title 4 liquor law training Is required prior to the issuance of ail new liqucr license appI cations submitted after November 1,1997 The persons is)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will include all of the fol owirxs: [ Owner(s) ( Licensees agent or managers)actively involved in daily business operation IIII A valid not expired)Certificate of rile 4Training Completion must be submitted to the Department of Liquor Licenses and Control beore a liquor license application is considered complete. Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required. &2009 Disabled individuals requiring special accomrnodattons,please call 1602)542-9027 co ACH . . t()tUti/ (212e.-q(AeSte/ riff/Wk.-On= .0 ' Home v/the _S'upervtrtion i'iotrntattr.s 4RI oNP NOTICE The attached application for a New License, Limited Liability Co , Restaurant Liquor License submitted for Lotus Garden Chinese Cuisine located at 185 W Apache Trail #104, Apache Junction, Arizona, was posted on the 13th day of November, 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, December 4, 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 / 7_J /, 7L -L-City Clerk „y .�L/ , ...1> _,, 2 I DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 • FAX (480)982-7018 •TD1)(4h0)983-0095 • v,v,wajcity net 100 E. Superstition Boulevard, Apache Junction. AZ 85119 ANN •tk (tr_i 452, %/e'adt,Pi'Nf � lt2f' rf�r� T' . Horne of the Superstition Mountains November 13, 2012 Rong Hui Zhao Lotus Garden Chinese Cuisine 2116E Aloe Place Chandler, AZ 85286 Dear Mr Zhao Please be advised that the application for a New License, Limited Liability Co , Senes 12 Liquor License submitted for Lotus Garden Chinese Cuisine, located at 185 W Apache Trail #104, Apache Junction, Arizona, was posted on November 13, 2012, in accordance with state law The Apache Junction City Council will hold a public hearing on December 4, 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 S50 non-refundable application fee that is due and must be received prior to Tuesday, November 20, 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. Srncerply, Kathleen Connelly l City Clerk f. i. l / •'Wit...(480)982 8002 • FAX (480)982-7018 • FDD i480)983-00o5 • «tee' aicity net 300 E Superstition Boole,.srd Apache Junction. AZ 85119 NOVEMBER 8, 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 LOTUS GARDEN CHINESE CUISINE Mr Rong Hui Zhao has submitted an application for a New License, Limited Liability Co., Series 12 Liquor License for Lotus Garden Chinese Cuisine located at 185 W. Apache Trail #104, Apache Junction. Please conduct the necessary inspections and submit your recommendation by email no later than Tuesday, November 202, 2012, in order for this item to be on the agenda for oft the City Council meeting of December 4, 2012 Janet Mason From: Rudy Esquivias Sent. Tuesday, November 20, 2012 7:07 PM To. Janet Mason Cc: Brad Steinke, Kathy Connelly Subject: FW Lotus Garden Liquor License Request Attachments: Lotus Garden pdf Jan,one correction to the comments below Walgreens also sells liquor, but the Walgreen's store appears to be more than 300 feet from the preschool and they also predate the establishment of the preschool —Rudy- From: Rudy Esquivias Sent: Tuesday, November 20, 2012 5'27 PM To: Janet Mason Ce: Brad Steinke, Kathy Connelly Subject: Lotus Garden Liquor License Request Jan The property proposed for the restaurant with the liquor license is in the Fry's shopping center The property is zoned C- 3/PD The C-3 base zone does allow eating and drinking establishments outright,and, there are no prohibitions under the planned development zoning against retailers selling liquor Unfortunately,we note that the proposed restaurant appears to be well within 200 feet of Sunrise Preschool(see aerial image),which is in the same wing of the shopping center and .vest of the proposed restaurant it will be up to the State liquor board to decide if Sunrise Preschool is considered a public or private school within 300 feet of the proposed liquor establishment(see their application form) We suspect that it probably is considered a school with kindergarten type of instruction The restaurant use is perfectly fine, but a restaurant with a liquor license in this location may be a different issue The Fry's food store also sells liquor, but Fry's was established prior to the preschool. To our knowledge, there are no other retailers(other than Fry's)selling liquor in the shopping center cRitcicy0E6quivia.i Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstitzon Blvd. Apache Junction, AZ 85119 480-474-2645 resg1.._riasz`aJLz_y.net. SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00ai to 6.00pm, closed Fridays and Holzdays ) Auk O'N Janet Mason From: Clyde Allison Sent: Monday, November 19. 2012 5.53 AM To: Janet Mason Subject: FW liquor license application for Lotus Garden Chinese Cuisine Attachments- 2012 lotus garden 12 DEP doc; 2012 lotus garden application part 1.pdf, 2012 lotus garden application part 2 pdf; 2012 lotus garden application part 3 pdf ^After reviewing all attached documents, inspection of the site and review of the area where the Restaurant in being placed, the Police Department does not oppose this issuance of this liquor license Sgt C.Allison#50 Traffic Supervisor/Impound Vehicle Coordinator/Tow Sergeant Apache Junction Police Department 300 E. Superstition Blvd Apache Junction, AZ 851 19 caliisoniaicitv.net 480/474-8616 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. Emaiis 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 volt A"orom: Jeff Robinson .Sent: Thursday, November 08, 2012 11:01 PM To. Clyde Allison Subject: FW- liquor license application for Lotus Garden Chinese Cuisine Here is another one Clyde.Thanks From: Janet Mason Sent:Thursday, November 08, 2012 3:26 PM To: Jeff Robinson; Rudy Esquivias Subject: liquor license application for Lotus Garden Chinese Cuisine Please have your department recommendation to me no later than Tuesday, November 20 Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd 2 CFAI ���'�N� Apache Junction Fire District a��!,o,, . 565 North Idaho Road, Apache Junction, AZ 85119 �;� Nt. ,k Phone(480) 982-4440, Fax(480) 982-0183 V ' ~. �aEou www ajfire org MEMORANDUM ^ TO Jan Mason,Deputy City Clerk City of Apache Junction FROM John Sumga, Deputy Fire Marshal - -------- DATE November 13,2012 SUBJECT Series 12 Liquor License Application for Lotus Garden The Apache Junction Fire District recommends approval of the above noted application. As always we will conduct the needed safety inspections as this new construction project progresses. Thank you for your notification on this matter jos /a• ATTN Application oft ROLL CALL VOTE NOTES \,)(),, ,,,,,Y L 4 ,41) ,,,, ITEM # 1 MEETING OF MOTION BY SECONDED BY: 6Jz/ YES NO ABSTAINED VICE MAYOR DIETZ / COUNCILMEMBER WILSON V COUNCILMEMBER BARKER V COUNCILMEMBER SERDY I COUNCILMEMBER EVANS y� COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL _ .+. .... ITEM NO. 13 I MOVE THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 12 LIQUOR LICENSE FOR LOTUS GARDEN CHINESE CUISINE BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. d PpACHf�G C,ity o_f I pathe junction Home of the ,S IIpei:c/ztion :1 ounlad17.c Print TO: City Manager's Office FROM: Bryant Powell, Assistnat DATE: December 4, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: DISCUSSION ON THE APACHE JUNCTION POLICE DEPARTMENT RENOVATION PROJECT. ACTION REQUESTED: Presentation and Discussion DISCUSSION/BACKGROUND INFORMATION: City council heard a presentation at the November 5 Work Session regarding this proposed project. City staff will discuss the next steps involved in the renovation to the Apache Junction Police Department facility. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Proposal Cover Letter D H2 Group Ali ft. October 8, 2012 11P Mr Bryant Powell, Assistant City Manager 2 Chief Monahan, Chief of Police City of Apache Junction THE H2 GROUP,LLC 300 E Superstition Blvd 17470 North Pacesetter Way Apache Junction,Arizona 85119 Scottsdale,Arizona 85255 Re Project Management Services Proposal—Apache Junction Police Department Renovation Dear Mr Powell and Chief Monahan, Thank you for the opportunity to submit a project management proposal for your proposed Police Headquarters renovation project. Our understanding is that a project budget of $607,000 to facilitate design,construction, and furnishing of an approximately 2,275 square foot renovation has been identified from numerous funding sources H2 GROUP is a company that specializes in providing owner representation project management services for Public Owners from initial planning through project completion and move-in Further, H2 GROUP is honored to present our qualifications and proposal to provide the professional project management services required for your renovation project H2 GROUP is a recognized expert in assistmg Public Owners in successfully planning, designing, and constructing capital improvements within the regulations established for this process. The H2 GROUP staff proposed for your project includes the following individuals • Contract Manager-Municipal Jeff Cook • Senior Project Manager Ray DelZotto H2 Group is pleased to present Jeff Cook as Contract Manager for your project and Ray DelZotto as your project manager Ray has had the privilege of serving the City of Apache Junction in the same capacity for the following capital improvements • City Hall • Multi-Generational Center • The Library Expansion • Rodeo Grounds Improvements H2 GROUP'S proposal is for full scope project management services as detailed in the attached PM Scope of Services Our proposed total lump sum project fee includes all fixed project expenses, and other services specifically listed in the scope of services section of the proposal.The total proposed lump sum fee for the project is $38,654 as detailed in attached project management hour schedule The proposed fee assumes completion of the project by October 2013 Our attached fee schedule is based on our Mohave approved hourly rates Our Mohave contract number is 08G-H2G-1208 If our proposal is accepted please issue a purchase order to Mohave in the amount of the proposal. Thank you for the opportunity to serve the City of Apache Junction. Sincerely,/PEI Ray DelZotto,H2 Group oima. Senior Project Manager Attachments: 1. Preliminary Cost Analysis 2 Project Schedule 3. PM Scope of Services 4 PM Hour Schedule City of Apache Junction Police Department Renovation Project - Preliminary Cost Analysis Ground Floor Renovation Scope Statement:The identified first floor renovation will provide an appropriate setting for the Judge to conduct initial appearance hearings and a state of the art briefing room.The area to be renovated is in the southeast corner of the first floor and includes the current squad room, all adjacent offices, deficiencies in detention storage and restraining, and possibly the evidence areas (up to 2,275 square feet).The budget recommendation assumes a dry renovation (no plumbing).Additional renovation needs identified in the Public Works capital plan and budgeted for in FY13 shall be incorporated to gain modest economies of scale and efficiency.The Public Works projects and associated budgets are as follows and have been incorporated into the budget below: -$70,000 for PD parapet and window repair -$36,000 for re-carpeting -$1,000 for re-painting -$2,000 for"building" UPS by-pass switch Preliminary Construction Cost Projection $ 393,300 Construction 2,275sf @ $110/sf $ 250,250 PW Scope $ 93,000 Contingency 20% $ 50,050 Preliminary Design/FF&E Cost Projection $ 213,575 A/E 18% $ 70,794 PM 6% $ 38,710 FF&E $25/sf $ 56,875 Special Systems $ 77,000 Contingency 12% $ 47,196 Total $ 606,875 Budget Recommendation $ 607,000 September 12, 2 12 P0 Ter 82 Gnaw;i.�.c ) ) ID Task Name Start Finish 3rd Quarter 4th Quarter 1st Quarter 2nd Quay Dec Jan j Feb Mar Apr May Jun Jul Aug Sep Oct 1 Project Management Mon 11/5/12 Wed 12/5/12 ii.- Procurement 2 Architect Procurement Wed 12/5/12 Tue 1/8/13 3 Design Phase Wed 1/9/13 Tue 4/2/13111111111111111111.1111111111•1 4 Permitting Wed 4/3/13 Tue 5/14/13 5 Bidding Wed 5/8/13 Tue 6/18/13 6 Construction Wed 6/19/13 Tue 10/1/13 7 Occupancy Fri 10/4/13 Wed 10/16/13 Project.AJPD Renovation Task 186660/1111116041111111 Summary glmloommommil. Manual Summary Rollup --- -----:- Date•Mon 10/8/12 Prepared by. H2 Group Milestone O Inactive Task i_..__.._.__. Page 1 Apache Junction Police Department Renovation Project Management Scope of Services BASIC SERVICES FOR THE RENOVATION OF THE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS The Basic Services of Project Management for the AJPD Headquarters renovation project are to assume the duty of identifying and coordinating administrative activities consistent with applicable laws and regulations, and to manage specific aspects of the project,from its conception to its completion within the limitations established by the Owner The Basic Services consist of the five phases described below 2 0 Pre-Design Phase 2 0.1 Review the Project goals and scope and recommend to Owner a procurement method for design and construction Prepare procurement documents as required by applicable statute and/or procurement regulations. Solicit proposals from and assist Owner in selecting, negotiating, and contracting required professional services 2.0.2 Confer with Owner and develop a Project budget document Project Manager will identify categories of cost including construction cost,consultant fees, building permits, material testing,furnishings,fixtures, equipment,contingencies,escalation and other reserves 2 0 3 Develop a Project Schedule detailing in narrative and graphic form the preconstruction and construction phase tasks, indicating milestones, realistic activity durations, and incorporating Owner's occupancy requirements 2 1 Design Phase 2 1 1 Schedule and conduct regular meetings with the Architect,and Owner,during the programming,schematic design, design development, and construction document phases of the project. Provide recommendations on construction feasibility,availability of materials and labor,time requirements for installation and construction factors related to cost including costs of alternative designs or materials,preliminary budgets, and possible economies. 2 1 2 Maintain the Project Schedule so that the Architect's efforts and Owner's activities are coordinated and integrated with preconstruction activities 2 1.3 Review Architect's cost estimate at the end of the schematic design,design development,and construction document phases Prepare comments and recommendations based on estimate review. 2.1.4 Review standards for equipment and materials developed by the Architect. Recommend for purchase by Owner long-lead items to ensure their delivery by the required dates. 2 1 5 Develop procedures and assure their incorporation into the contract documents that address the safe,uninterrupted, and continuous occupancy of the AJPD Headquarters throughout construction 2 1 6 Develop and implement a procedure for the review,approval, processing and payment of invoices by the Architect for progress and final payments 2 1 7 Attend and participate in community and council meetings regarding the Project. September 10, 2012 1 Apache Junction Police Department Renovation Project Management Scope of Services 2 2 Permit/Bidding Phase 2.2 1 Assist Owner and Architect in obtaining building permits and special permits relating to construction of permanent improvements,excluding any permits required to be obtained by the Contractor,such as permits for inspection,temporary facilities, etc Assist in obtaining approvals from all the authorities having jurisdiction 2 2 2 Assist Owner in receipt of bids, prepare a bid analysis and make recommendations to Owner,with the Architect,for award of bid or rejection of bids. All bids will be evaluated for completeness,full responsiveness and price. 2 3 Construction Phase 2 3 1 Establish and implement procedures for coordination within the Construction Team with respect to all aspects of the Project to complete the Project in accordance with Owner's objectives for cost,time and quality. 2.3.2 Conduct progress meetings at which the Construction Team can discuss jointly such matters as procedures,progress, problems and scheduling. 2 3 3 Monitor the Project Schedule as construction progresses Identify potential variances between scheduled and probable completion dates Review schedule for Work not started or incomplete and recommend to Owner and Contractor adjustments in the schedule to meet the probable completion date. Coordinate recovery schedule requirements with contractor on behalf of Owner. 2.3.4 Assess the adequacy of the Contractors'personnel and equipment and the availability of materials and supplies to meet the schedule Recommend courses of action to Owner when requirements of a Contract are not being met, or when it reasonably appears that the requirements of a Contract may not be met. 2.3.5 Develop and implement a system for the preparation, review and processing of Change Orders(or Allowance/Contingency Use Authorizations), recommend necessary or desirable changes to Owner and the Architect, review requests for changes,submit recommendations to Owner and the Architect, and assist in negotiating Change Orders 2 3 6 Develop and implement a procedure for the review,approval, processing and payment of pay applications by Contractor for progress and final payments. 2.3.7 Assist Owner in selecting and retaining professional services of a testing laboratory or special consultants,and coordinate these services. 2 3 8 Provide regular on-site observation of the Work of Contractors without assuming any of the Architect's or Contractor's legal responsibilities for design and inspection. In making such observations, Project Manager will not be required to make exhaustive or continuous inspections to check quality of work,safety precautions in connection with the Project. The performance of such services by Project Manager will not relieve the Contactors of their responsibilities for performance of the work and for the safety of persons and property, and for compliance with all federal,state and local statutes,rules, regulations and orders applicable to the conduct of the Work. 2.3.9 Direct all questions for interpretation of the documents prepared by the Architect to the Architect and coordinate timely responses. September 10, 2012 2 111112 Apache junction Police Department Renovation Project Management Scope of Services 2.3 10 In collaboration with the Architect,establish and implement procedures for expediting the processing and approval of shop drawings and samples 2.3.11 Monitor the Contractor's development of record drawings during construction and arrange for their delivery to Owner at the completion of construction 2 3 12 In collaboration with Owner's maintenance personnel,direct the checkout of utilities, operations systems and equipment for readiness and witness their initial start-up and testing by the Contractor. Ensure that Owner's maintenance personnel receive training by the Contractor in the operation of all systems. 2 3 13 Monitor the Contractor's collection and deliver to Owner all specific written manuals, procedures, warranties or guarantees given by others,including all required Contractor guarantees and warranties, subsequent to their review and acceptance by the Architect. 2 3 14 Recommend a procurement strategy for furniture,fixtures,and equipment. Coordinate their procurement, delivery,and installation. 2 4 Post Construction Phase 2.4.1 Schedule and coordinate pre-warranty expiration inspection and assist if needed in having warranty corrections performed by Contractors 2 5 Additional Services If requested by Owner, Project Manager will provide the following additional services upon written agreement between Owner and Project Manager,defining the extent of such additional services and the amount and manner in which Project Manager will be compensated for such additional services Compensation for any additional services will be based upon such Mohave Educational Services rates as are applicable to Project Manager's services at the time additional services are authorized. 2 5 1 Investigating, analyzing, or negotiating claims or disputes related to design or construction when such claims or disputes cannot be resolved by discussion and negotiation within the Construction Team. 2.5.2 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding,or legal proceeding. 2 5 3 Consulting on replacement of work damaged by fire or other cause during construction, and furnishing services for the replacement of such work 2 5 4 Services made necessary by the default of a Contractor 2 5 5 Inspections of and services related to the Project after the termination of the Agreement. 2.5.6 Providing any other service not described in this Agreement,or other service not reasonably inferable from this Agreement as part of Basic Services. September 10, 2012 3 APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS RENOVATION PM/CM Project Management Hour Schedule 2012 Hours 2013 Hours STAFF Title 0 N D J F M A M J J A S 0 N D HOURS RATE FEE Jeff Cook Contract Manager-Municipal 6 2 2 2 2 2 2 2 2 2 2 26 $123 25 $ 3,205 Ray DelZotto Senior Project Manager 30 30 30 30 30 30 40 30 30 40 8 328 $106.40 $ 34,899 0 $ - Total Hours 0 0 36 32 32 32 32 32 42 32 32 42 10 0 0 354 S 38,104 Expenses Mileage/Communications 50 50 50 50 50 50 50 50 50 50 50 550 $ 550 0 $ - Monthly Invoice $- $- $3,982 $3,489 $3,489 $3,489 $3,489 $3,489 $4,553 $3,489 $3,489 $4,553 $1,148 $- $- Total Fee S 38,654 AJPD Renovation 10/8/2012 Prepared by H2 GroupFA PROFESSIONAL SERVICES AGREEMENT WITH H2 GROUP, LLC This Agreement is made as of the day of 2012 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and The H2 Group, LLC, an Arizona [corporation/limited liability company], ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "AJPD Headquarters Renovation Project". RECITALS A. City desires to retain a consultant to assist in project management and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $38,654 00, in accordance with the price sheet set forth in Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City monthly on a lump sum basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on December 5, 2012 and shall remain in full force and effect until project completion, unless otherwise terminated as set forth herein. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 1 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Attn: Bryant Powell, ACM 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: The H2 Group, LLC Attn: Jeff Cook 17470 N Pacesetter Way Scottsdale, AZ 85255 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. 2 Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, 3 and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the oft work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, 4 mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: ._ "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to 5 enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay oak 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. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon one (1) months' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected 6 with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits, will invoke the same business tax regulations on any subcontractors, and Consultant ensures its subcontractors will obtain any required business tax license. 14. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 7 As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 18. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, 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) 8 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. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 21. 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, Consultant and City have executed this Agreement as of the date first set forth above. The H2 Group, LLC, an Arizona limited liability company By: Jeffrey Cook Its: Principal CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly, City Clerk 9 APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of [Company Name], an Arizona [corporation/limited liability company]. Notary Public My Commission Expires: (seal) STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 10 ..... EXHIBIT A SCOPE OF WORK BASIC SERVICES FOR THE EXPANSION OF THE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS The Basic Services of Project Management for the AJPD Headquarters expansion project are to assume the duty of identifying and coordinating administrative activities consistent with applicable laws and regulations, and to manage specific aspects of the project,from its conception to its completion within the limitations established by the Owner. The Basic Services consist of the five phases described below 2.0 Pre-Design Phase 2 0.1 Review the Project goals and scope and recommend to Owner a procurement method for design and construction Prepare procurement documents as required by applicable statute and/or procurement regulations Solicit proposals from and assist Owner in selecting, negotiating, and contracting required professional services 2 0 2 Confer with Owner and develop a Project budget document Project Manager will identify categories of cost including construction cost,consultant fees, building permits, material testing,furnishings,fixtures, equipment, contingencies,escalation and other reserves. 2.0.3 Develop a Project Schedule detailing in narrative and graphic form the preconstruction and construction phase tasks, indicating milestones, realistic activity durations,and incorporating Owner's occupancy requirements 2 1 Design Phase 2 1 1 Schedule and conduct regular meetings with the Architect,and Owner,during the programming,schematic design, design development, and construction document phases of the project. Provide recommendations on construction feasibility,availability of materials and labor,time requirements for installation and construction factors related to cost including costs of alternative designs or materials,preliminary budgets, and possible economies 2.1 2 Maintain the Project Schedule so that the Architect's efforts and Owner's activities are coordinated and integrated with preconstruction activities 2 1 3 Review Architect's cost estimate at the end of the schematic design,design development,and construction document phases. Prepare comments and recommendations based on estimate review 2 14 Review standards for equipment and materials developed by the Architect Recommend for purchase by Owner long-lead items to ensure their delivery by the required dates 2 1 5 Develop procedures and assure their incorporation into the contract documents that address the safe,uninterrupted, and continuous occupancy of the AJPD Headquarters throughout construction 2 1 6 Develop and implement a procedure for the review,approval, processing and payment of invoices by the Architect for progress and final payments 2 1 7 Attend and participate in community and council meetings regarding the Project wan INK 2 2 Permit/Bidding Phase 2 2 1 Assist Owner and Architect in obtaining building permits and special permits relating to construction of permanent improvements,excluding any permits required to be obtained by the Contractor,such as permits for inspection,temporary facilities, etc Assist in obtaining approvals from all the authorities having jurisdiction 2 2 2 Assist Owner in receipt of bids, prepare a bid analysis and make recommendations to Owner,with the Architect,for award of bid or rejection of bids All bids will be evaluated for completeness,full responsiveness and price. 2.3 Construction Phase 2.3.1 Establish and implement procedures for coordination within the Construction Team with respect to all aspects of the Project to complete the Project in accordance with Owner's objectives for cost,time and quality 2 3 2 Conduct progress meetings at which the Construction Team can discuss jointly such matters as procedures, progress, problems and scheduling 2 3 3 Monitor the Project Schedule as construction progresses Identify potential variances between scheduled and probable completion dates Review schedule for Work not started or incomplete and recommend to Owner and Contractor adjustments in the schedule to meet the probable completion date Coordinate recovery schedule requirements with contractor on behalf of Owner 2.3.4 Assess the adequacy of the Contractors' personnel and equipment and the availability of materials and supplies to meet the schedule. Recommend courses of action to Owner when requirements of a Contract are not being met, or when it reasonably appears that the requirements of a Contract may not be met. 2 3 5 Develop and implement a system for the preparation, review and processing of Change Orders(or Allowance/Contingency Use Authorizations), recommend necessary or desirable changes to Owner and the Architect, review requests for changes,submit recommendations to Owner and the Architect, and assist in negotiating Change Orders. 2.3.6 Develop and implement a procedure for the review, approval, processing and payment of pay applications by Contractor for progress and final payments 2 3 7 Assist Owner in selecting and retaining professional services of a testing laboratory or special consultants, and coordinate these services. 2 3 8 Provide regular on-site observation of the Work of Contractors without assuming any of the Architect's or Contractor's legal responsibilities for design and inspection In making such observations, Project Manager will not be required to make exhaustive or continuous inspections to check quality of work,safety precautions in connection with the Project. The performance of such services by Project Manager will not relieve the Contactors of their responsibilities for performance of the work and for the safety of persons and property,and for compliance with all federal,state and local statutes, rules, regulations and orders applicable to the conduct of the Work 2.3.9 Direct all questions for interpretation of the documents prepared by the Architect to the Architect and coordinate timely responses 2.3.10 In collaboration with the Architect,establish and implement procedures for expediting the processing and approval of shop drawings and samples 2.3.11 Monitor the Contractor's development of record drawings during construction and arrange for their delivery to Owner at the completion of construction 2.3.12 In collaboration with Owner's maintenance personnel,direct the checkout of utilities, operations systems and equipment for readiness and witness their initial start-up and testing by the Contractor. Ensure that Owner's maintenance personnel receive training by the Contractor in the operation of all systems. 2 3 13 Monitor the Contractor's collection and deliver to Owner all specific written manuals, procedures,warranties or guarantees given by others, including all required Contractor guarantees and warranties, subsequent to their review and acceptance by the Architect 2 3 14 Recommend a procurement strategy for furniture,fixtures,and equipment Coordinate their procurement,delivery,and installation 2.4 Post Construction Phase 2 4 1 Schedule and coordinate pre-warranty expiration inspection and assist if needed in having warranty corrections performed by Contractors. 2 5 Additional Services If requested by Owner, Project Manager will provide the following additional services upon written agreement between Owner and Project Manager,defining the extent of such additional services and the amount and manner in which Project Manager will be compensated for such additional services Compensation for any additional services will be based upon such Mohave Educational Services rates as are applicable to Project Manager's services at the time additional services are authorized. 2 5 1 Investigating, analyzing, or negotiating claims or disputes related to design or construction when such claims or disputes cannot be resolved by discussion and negotiation within the Construction Team 2 5 2 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding. 2 5 3 Consulting on replacement of work damaged by fire or other cause during construction, and furnishing services for the replacement of such work 2.5.4 Services made necessary by the default of a Contractor 2 5.5 Inspections of and services related to the Project after the termination of the Agreement. 2 5 6 Providing any other service not described in this Agreement;or other service not reasonably inferable from this Agreement as part of Basic Services. Cit6 oDAIJache Junction Police De©artment Renovation Protkct - Preliminar2 Cost Anal(Isis round Floor Renovation ScoEe Statement1TThe identified first door renovation L ill 0rovide an a0fro0riate setting i br the Judge to conduct initial aLEearance hearings and a state oEthe art 0rieOng roomJThe area to Me renovated is in the southeast corner olEthe first Moor and includes the current siTuad room0 all adMicent o®cesEIdeficiencies in detention storage and restrainingf and LossiLlE the evidence areas Gi0 to MEM sfuare L2bet1E]The Eudget recommendation assumes a dr1 renovation Edo flumLing[l1Additional renovation needs identified in the Pu lic E orMs canal Elan and Eudgeted Labr in FEES shall 0e incortorated to gain modest economies o0scale and eDliiciendilili he PuL lic 0 oris LroEects and associated 0udgets are as LblloE s and have Eeen incor0orated into the Ludget OeloE -000090E Labr PD EaraMet and E indo0 re1air -0EE®ff E;br re-carIeting -ELEM[tor re-fainting -LEE' ]EL Ear 0 luildingf UPS Ef-Lass sE itch Preliminar0 Construction Cost ProLction 0CHEMIN Construction 2,275sf 0 0110/sf 11 250,250 PW Scope 0 93,000 Contingency 200 0 50,050 Preliminar0 Design/FFi E Cost Prolkction El E A/E 180 0 70,794 PM 60 0 38,710 In?T?I E 025/sf 0 56,875 Special Systems P1 77,000 Contingency 120 0 47,196 Total f Budget Recommendation (1 ♦j- f. September 12, 2012 Tex B2 GROUP,LW EXHIBIT B FEE SCHEDULE APACHE JUNCTION POLICE DEPARTMENT HEADQUARTERS RENOVATION PM/CM Project Management Hour Schedule 2012 Hours 2013 Hours STAFF Title 0 N D J F M A M J J A S 0 N D HOURS RATE FEE Jeff Cook Contract Manager-Municipal 6 2 2 2 2 2 2 2 2 2 2 26 $123.25 $ 3,205 Ray DelZotto Senior Project Manager 30 30 30 30 30 30 40 30 30 40 8 328 $106 40 $ 34,899 0 $ - Total Hours 0 0 36 32 32 32 32 32 42 32 32 42 10 0 0 354 S 38,104 Expenses Mileage/Communications 50 50 50 50 50 50_ 50 50 50 50 50 550 $ 550 _ - _ - 0 $ - Monthly Invoice $- $- $3,982 $3,489 $3,489 $3,489_$3,489 $3,489 $4,553 $3,489 $3,489 $4,553 $1,148 $- $- Total Fee $38,654 AJPD Renovation IOep e12 VII Prepared by H2 Group /M. i ITEM NO. 14 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES7V6 ly 1� ITEM# C Vr � ,, I1� MEETING OF MOTION BY SECONDED BY i YES NO ABSTAINED COUNCILMEMBER WILSON J COUNCILMEMBER SERDY J COUNCILMEMBER WALDRON VICE MAYOR DIETZ ✓ COUNCILMEMBER BARKER I COUNCLMEMBER EVANS :// MAYOR INSALACO UNANIMOUS 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, DECEMBER 17, 2012, IN THE CITY COUNCIL ONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, DECEMBER 18, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT I P.M. ROLL CALL WS• 1 Ni REG: 1 li 1 SPEC: CITY COUNCIL P / A P / A P / A MAYOR INSALACO �+ VICE MAYOR DIETZ 1 COUNCILMEMBER BARKER COUNCILMEMBER EVANS COUNCILMEMBER SERDY V v COUNCILMEMBER WALDRON � V' COUNCILMEMBER WILSON TOTAL I CITY STAFF I J J 1,1 City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V �/ City Attorney Joel Stern V ✓ 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 Assistant to the City Manager Matt Busby OTHERS (), v 1