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2015 05.05 City Council Regular Agenda
-�" City of Apache Junction, Arizona orrMeeting location 411,01, City Council Chambers *.or at City Hall 300E Superstition Blvd Agenda Apache Junction,AZ �•`' 85119 City Council Meeting www ajcity net Ph (480)982-8002 In.. Tuesday,May 5,2015 7.00 PM City Council Chambers A CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Consideration of acceptance of agenda 2. Consideration of approval of minutes of regular meeting of April 21, 2015. 3 Consideration of proposed Resolution No 15-16, authorizing the city to approve Amendment No 1 to Intergovernmental Alift Agreement with Arizona Department of Transportation for Surface Transportation Program grant funds 4. Consideration of proposed Resolution No 15-17, authorizing the city to approve a new Intergovernmental Agreement with Arizona Department of Transportation for Congestion Mitigation and Air Quality funds providing design and construction services for Winchester Road sidewalk improvements 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 5. Presentation of 35 Year Service Award to Kathy Connelly, City Clerk, of the city of Apache Junction City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 City Council Meeting Agenda May 5,2015 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 6. City manager's report H. PUBLIC HEARINGS Public heanngs 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 7. Consideration of application for a person transfer, location transfer, individual, series 6 liquor license for Lucky Strikes located at 1985 W Apache Trail, Unit 2 The next step in the procedure 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. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 8. Consideration the proposed agreement for PW 2014-16 Heating, Ventilating and Air Conditioning (HVAC) services, repair and filters with Frontier Mechanical AZ, Inc , DBA FMI Heating and Cooling for$21,000 00 for a period of one (1)year with the option to renew with four(4) additional one-year periods City of Apache Junction,Arizona Page 2 Printed on 4/28/2015 City Council Meeting Agenda May 5,2015 9. Consideration of proposed Resolution No 15-18, authorizing the city to approve Amendment No 1 to Intergovernmental Agreement with Arizona Department of Transportation for Safe Routes to School grant funds .r. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 10. Council direction to staff to draft ordinance and resolution for modification to the animal control regulations previously discussed on April 6, 2015 11 Council direction to staff to draft a resolution authorizing the city to enter into the Intergovernmental Agreement with Pinal County Animal Control previously discussed on April 6, 2015 12. Direction to staff on a date, time and location for a joint public meeting with members of the Apache Junction school board to discuss issues of mutual interest such as use of district facilities,shared use of jointly developed facilities and joint programs and partnered activities The possibility of a joint meeting with the Apache Junction school board was discussed one April 20, April 21 and May 4 This item provides council with the opportunity to select a date, time and location for the meeting L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. Executive Session at 5.45 P M and Work Session at 7 00 P M for Monday, May 18, 2015 14 Executive Session at 5 45 P M and Work Session at 7 00 P M will be held on Tuesday, May 19, 2015 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 City of Apache Junction,Arizona Page 3 Printed on 4/28/2015 City Council Meeting Agenda May 5,2015 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction, AZ 85119, Monday through Thursday from 7 O0a-6.00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095 City of Apache Junction,Arizona Page 4 Printed on 4/28/2015 CITY COUNCIL REGULAR MEETING APRIL 21, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on April 21, 2015, at the Apache Junction City Council Chambers pursuant to the notice '••., required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell City Engineer Emile Schmid Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 1 OF 11 Others Present: Senior Planner Rudy Esquivias Officer Justin Griffith K-9 Officer Daimont ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. AND THAT APPROVAL BE GIVEN FOR THE ON CALL PRIORITIZED SHORT LIST OF CONSULTANTS TO PROVIDE ON CALL LANDSCAPE ARCHITECTURAL SERVICES IN THE FOLLOWING ORDER OF PREFERENCE: J2 ENGINEERING AND ENVIRONMENTAL DESIGN, ENVIRONMENTAL PLANNING GROUP, LLC AND KIMLEY-HORN AND ASSOCIATES, INC. ; THAT THE PARKS AND RECREATION DEPARTMENT NEGOTIATE SERVICES FOR ANY LANDSCAPE ARCHITECTURAL RELATED PROJECTS WITH THE CONSULTANTS IN THE ORDER ABOVE FOR THE NEXT YEAR WITH A RENEWAL OPTION FOR FOUR ADDITIONAL YEARS; AND THAT RESOLUTION NO. 15-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY' S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST, BE APPROVED; AND THAT RESOLUTION NO. 15-11, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING AN INTERFUND BALANCE LOAN IN AN AMOUNT NOT TO EXCEED $10, 000, 000; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION, AND DECLARING AN EMERGENCY, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN CUTLER REPAVING INC. AND THE CITY OF APACHE JUNCTION FOR PWC2014-01 APACHE TRAIL ROAD IMPROVEMENTS - PHASE 2 IN THE AMOUNT OF Amor $1, 949, 086. 32 PLUS 20% IN THE AMOUNT OF $389, 817 . 39 FOR UNFORESEEN CHANGE ORDERS FOR A TOTAL AMOUNT NOT TO EXCEED $2, 338, 904 . 33; AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 2 OF 11 AM Ilk JO Irk AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron announced the water festival will be held Thursday at the park. They will be teaching fourth graders bk about water. Councilmember Waldron announced there will be a kickball tournament Thursday evening with the parks and recreation department versus all other city departments . Councilmember Serdy commented he wanted to make a slight retraction. He leveled some criticism against the school district last night about the condition of the Little League fields They are actually the responsibility of the city so he wanted to retract that and apologize. Councilmember Evans commented last Saturday they had a fantastic Earth Day Celebration with ten thousand ladybugs being released. It was probably the largest event attended yet, especially with the snowbirds gone, so it was all local people Mayor Insalaco commented he was walking around and stopped at some of the woodworking booths, of which some were fantastic. While looking at one, someone said hello to him addressing him as the mayor. The vendor asked if he was the mayor and proceeded to tell him this was one of the best craft shows he has been at, especially with the way they were treated, and they .•� will be back. He heard that from 3 or 4 vendors from out of the area. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on city attendance at the regional East Valley Partnership Summit and two awards won by police department, one in the K-9 division which was given to Officer Justin Griffith with K-9 Officer Daimont in attendance. PUBLIC HEARINGS REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 3 OF 11 RESOLUTION NO. 15-08, APPROVING OR DENYING A CONDITIONAL USE PERMIT TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON HIS PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF LOST DUTCHMAN AND NORTH APACHE TRAIL ) Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. James Johnson, 2319 North Cortez, Apache Junction, addressed the council. He stated the neighbors did meet and generated a letter with their requests and possible resolutions to it . It was mailed certified to the Hitching Post . He would like it put into the record. Mayor Insalaco commented they have the letter . He called for any other speakers. There being no one else 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. Vice Mayor Barker COMMENTED IN ORDER TO HONOR MR. MOHIUDDIN' S REQUEST TO WITHDRAW, I MOVE THAT RESOLUTION NO. 15-08, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DENYING A CONDITIONAL USE PERMIT, CASE NO. CUP-3-14, TO ALLOW MEHMOOD MOHIUDDIN TO CONDUCT VARIOUS OUTDOOR ENTERTAINMENT ACTIVITIES ON As'` HIS PROPERTIES, LOCATED AT THE SOUTHEAST CORNER OF E LOST DUTCHMAN BOULEVARD AND N. APACHE TRAIL, ADJACENT TO OR NEAR THE HITCHING POST RESTAURANT, INCLUDING CONCERTS, GUN FIGHT SHOWS, VARIOUS OUTDOOR GAMES, KIDS GAMES AND OTHER SIMILAR ACTIVITIES, AS WELL AS PARKING ACCOMMODATION FOR THE EVENTS AND ACTIVITIES, BE DENIED. City Clerk Kathleen Connelly stated the motion was for denial . REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 4 OF 11 Vice Mayor Barker commented they are denying the conditional use permit. City Clerk Kathleen Connelly stated they are, but they would want to approve the motion for denial . City Attorney Joel Stern stated if they are going to deny it, they are supposed to have a list of reasons why. She may want to amend her motion to add those. Vice Mayor Barker commented they deny it at the first point and accept it at the second. She asked if that is what they are saying. City Clerk Kathleen Connelly stated that is correct . She believes she prefaced her motion by saying in order to honor his request. Vice Mayor Barker commented she did City Clerk Kathleen Connelly asked if that is sufficient . Vice Mayor Barker commented she did say that, to withdraw. City Attorney Joel Stern asked if that is the reason. Vice Mayor Barker asked if that works. City Attorney Joel Stern stated he wished it was a little more detailed but if that is the only reason. Maybe there are some other reasons as the concerns of the neighbors. He does not know what they would be and he does not want to put words there. Vice Mayor Barker commented she thinks the most prominent reason, at this point, is the man REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 5 OF 11 wants to withdraw it. She thinks that is the number one reason. It is his wish not to have this occur. City Attorney Joel Stern stated that is fine. Councilmember Waldron asked if she was going to amend her motion for approving her denial . '"'N Vice Mayor Barker AMENDED HER MOTION TO APPROVING THE DENIAL. Mayor Insalaco called for a second. Councilmember Evans SECONDED THE MOTION. City Clerk Kathleen Connelly stated if they vote yes, they are approving the denial. Mayor Insalaco commented they are to vote yes to deny it . Vice Mayor Barker commented they have to vote yes to approve the denial. VOTE: Unanimous . (Councilmember Rizzi commented during the vote that she feels it is a shame that they could not work it out, but because the owner of the restaurant chose to do so we will go along with it. ) (Councilmember Serdy commented during the vote that he wants to see this project happen in the future, too, but since that is the direction we are going, he will honor their wishes . ) The motion carried. OLD BUSINESS None. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 6 OF 11 AW NEW BUSINESS None. DIRECTION TO STAFF DATES, TIMES AND LOCATIONS FOR JOINT MEETINGS WITH THE APACHE wool. JUNCTION UNIFIED SCHOOL DISTRICT BOARD City Clerk Kathleen Connelly briefed the council on the item. Councilmember Wilson asked if the proposed budget they are currently working on includes the utilities at the swimming pool, skate park and the Superstition Mountain Elementary School ball fields. Assistant City Manager Bryant Powell stated that is correct . The proposed budget staff is working on, the line item budget that will be delivered to the council next week, does include those dollars in the amount of about $150, 000. Councilmember Wilson asked if they plan to do the tentative budget agreement on May 14 . Assistant City Manager Bryant Powell stated he believes it is May 18 . City Clerk Kathleen Connelly stated that is actually the next item. Assistant City Manager Bryant Powell stated the next item is for discussion for the work session on May 4 and May 18 for tentative budget adoption It would be May 18 for their review of what they call the tentative budget. Mayor Insalaco closed the discussion and called for a motion. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 7 OF 11 Councilmember Waldron asked if they wanted to pick some times for the May 9 and May 30 dates. Vice Mayor Barker commented they could do the 9: 00 to noon times there, too. Assistant City Manager Bryant '"`s Powell stated he wanted to clarify that they actually have $100, 000 in the budget for the utility costs now. Vice Mayor Barker asked if they wanted to continue with the May 30 date since he was asking about the tentative budget date of May 18 . Councilmember Wilson commented he does. Councilmember Waldron COMMENTED HE BELIEVES IT IS IN THE BEST INTERESTS OF THE COMMUNITY, PARTICULARLY OUR CHILDREN AND STUDENTS, THAT WE MEET WITH OUR PARTNERS IN THIS EFFORT, THE MEMBERS OF THE APACHE JUNCTION UNIFIED SCHOOL BOARD, TO DISCUSS AREAS OF MUTUAL INTEREST. THEREFORE, I MOVE THAT WE DIRECT STAFF AND LEGAL COUNSEL IN COOPERATION WITH THE MEMBERS OF THE SCHOOL BOARD TO SET UP A JOINT PUBLIC MEETING TO DISCUSS ISSUES SUCH AS USE OF DISTRICT FACILTIES, SHARED USE OF JOINTLY DEVELOPED FACILITIES AND JOINT PROGRAMS AND PARTNERED ACTIVITIES. WE WILL MAKE THE CITY COUNCIL CHAMBERS AVAILABLE FOR THIS MEETING AND SUGGEST THESE POSSIBLE DATES AND TIMES: SATURDAY, MAY 2, 9: 00 A.M TO NOON; SATURDAY, MAY 9, 9: 00 A.M. TO NOON; SATURDAY, MAY 16, 1: 00 P.M. TO 4 : 00 P.M. ; SATURDAY, MAY 30, 9: 00 A.M. TO NOON. — I FURTHER MOVE THAT CITY STAFF SCHEDULE THE MEETING ONCE THE DATE AND TIME ARE CHOSEN AND PREPARE THE NOTICE AND AGENDA IN COMPLIANCE WITH THE ARIZONA OPEN MEETING LAW. IF NO DATE IS CHOSEN BY THE SCHOOL BOARD, CITY STAFF SHOULD PLACE AN ITEM ON THE NEXT CITY COUNCIL MEETING AGENDA TO SELECT A DATE TO SCHEDULE A JOINT MEETING WITH MEMBERS OF THE SCHOOL BOARD. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 8 OF 11 VOTE: Unanimous . (Councilmember Wilson commented during the vote he wanted everyone to understand that these are our suggested dates and times and if the school board wants to do some others we are more than willing to work that out. ) a•. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES SELECTION OF DATES AND TIMES FOR FISCAL YEAR 2015-2016 BUDGET WORK SESSION (S) , TENTATIVE BUDGET ADOPTION AND FINAL BUDGET ADOPTION ) Assistant City Manager Bryant Powell briefed the council on the item. Mayor Insalaco commented May 4 would be at 7 . 00 p.m. He called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DATES, TIMES AND LOCATIONS FOR FISCAL YEAR 2015- 2016 BUDGET WORK SESSION (S) , TENTATIVE BUDGET ADOPTION AND FINAL BUDGET ADOPTION BE APPROVED- BUDGET WORK SESSION ON MONDAY, MAY 4, 2015 AT 7 : 00 P.M. IN THE CITY COUNCIL CHAMBERS; TENTATIVE BUDGET ADOPTION ON MONDAY, MAY 18, 2015 AT 7 : 00 P.M. IN THE CITY COUNCIL CHAMBERS; AND FINAL BUDGET ADOPTION ON MONDAY, JUNE 15, 2015 AT 7 : 00 P.M. IN THE CITY COUNCIL CHAMBERS. Councilmember Rizzi SECONDED ,r+*, THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the next set of meetings . Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7: 00 REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 9 OF 11 p P.M. BE HELD ON MONDAY, MAY 4, 2015, 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, MAY 5, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE• Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Mike Weaver, 5033 S. Vista Quest Court, Gold Canyon, a member of the school board, addressed the council regarding the recreational opportunities for the children and the upcoming joint meeting with the school board Mr. Clark Smithson, 1700 S. Weaver, Apache Junction, addressed the council regarding the great kids in Apache Junction and thanked the council and city for the support of the Mountain Health and Wellness event last weekend. ADJOURNMENT Mayor Insalaco ad:ourned the meeting at 7: 30 p.m. Consent Agenda Items are as follows: 1 . Consideration of acceptance of agenda. 2 Consideration of approval of minutes of regular meeting of April 7, 2015. 3. Consideration and action of on call landscape architectural consulting services. 4 . Consideration of Resolution No. 15-12, renewing the city' s membership with the Arizona Metropolitan Trust, provider of medical and dental benefits for city employees, which expires on June 30, 2015. REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 10 OF 11 5. Consideration of Resolution No. 15-11, approving and authorizing an interfund balance loan in an amount not to exceed $10, 000, 000. 00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by the resolution, and declaring an emergency. 6. Consideration of a proposed contract with Cutler Repaving, Inc. for PWC2014-01 Apache Trail Road improvements - Phase 2 in an amount not to exceed $1, 949 . 086. 94 . ACCEPTED THIS 5TH DAY OF MAY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF MAY, 2015. JOHN S. INSALACO Mayor 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 21st day of April, 2015. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 22nd day of April, 2015. /' KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL APRIL 21, 2015 PAGE 11 OF 11 T« , City of Apache Junction, Arizona 300 E Superstition ., Boulevard _.moo Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 3 File ID 15-110 Sponsor: Emile Schmid Agenda Date. 5/5/2015 Index. Community Infrastructure In Control.City Council Meeting Consideration of proposed Resolution No 15-16, authorizing the city to approve Amendment No 1 to Intergovernmental Agreement with Arizona Department of Transportation for Surface Transportation Program grant funds Attachments' City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 a Ay Public Works Department 931Welioff,7110/7 ;% Home of the Superstition Mountains 4 - zo' MEMORANDUM Date April 8, 2015 To- Honorable Mayor and Members of the City Council Through Bryant Powell, Assistant City Manager Giao Pham P E., Public Works Director From. Emile Schmid P E , City Engineer Subject Utilization of Unobligated Surface Transportation Program (STP) Funds Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on the next adjacent segment of Ironwood Drive from Broadway Avenue to Apache Trail (Phase III) as follows. Per the original IGA dated July 13, 2011, the City is in an agreement with ADOT for the following Construction (FY15) Federal-aid Funds $1,070,000 00 City's Match $ 64,470 00 Subtotal —Construction $1,134,470.00 Amendment No 1 of the IGA will have the following cost break down- Federal-aid Funds $1,670,000.00 Total Estimated City Match $ 262,259.00 .•� Total Estimated Construction $1,932,259.00 The Public Works Department is requesting City Council approval to enter into Amendment No One to the Intergovernmental Agreement (IGA) with ADOT which will provide additional funding for the construction of the Ironwood Drive Roadway Improvement Project 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 RESOLUTION NO 15-16 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IRONWOOD DRIVE ROADWAY IMPROVEMENT PROJECT. Amm WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") on July 13, 2011 to fund roadway improvements for Ironwood Drive from Broadway Avenue to Apache Trail (the "Project") ; and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment ("IGA/JPA 11-110I, Amendment No. One: 15-0005175-I") modifies the original financial and administrative conditions for design of the Project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council hereby approve the attached Amendment No One to the above-noted IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015 . SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S. INSALACO Mayor RESOLUTION NO. 15-16 PAGE 1 OF 2 OIN ATTEST• KATHLEEN CONNELLY City Clerk .-. APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 15-16 PAGE 2 OF 2 ADOT File No.. IGA/JPA 11-110-I ADOT CAR No : 13-0000950- Amendment No.One. 15-0005175- AG Contract No • P0012011001962 Project Ironwood Drive Section. Broadway Avenue to Apache Trail Federal-aid No. STP-APJ-0(205)A 0000MA APJ ADOT Project No SS984 03D 01C TIP/STIP No.. CAAG 2012-2016 CFDA No.: 20 205-Highway Planning Agile b. and Construction Budget Source Item No • N/A AMENDMENT NO. ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No ONE"), entered into this date , 2015, pursuant to 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 City and State are collectively referred to as the"Parties" WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-110-I, A G Contract No P0012011001962, was executed on July 13, 2011, (the"Original Agreement"), WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No One and has delegated to the undersigned the authority to execute this Amendment No One on behalf of the State, WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment No One and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No One and has authorized the undersigned to execute this Amendment No One on behalf of the City, and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the purpose of this Amendment No. One is to increase the construction costs. The Parties desire to amend the Original Agreement,as follows. Page 2 ADOT File No IGA/JPA 11-110-I CAR No. 13-0000950-I Amendment No One 15-0005175-I I. RECITALS Section I.,the construction cost breakdown is revised as follows: SS984 01C (construction): Federal-aid funds $ 1,670,000 00 City's match $ 262,259.00 Subtotal—Construction** $ 1,932,259.00 **(Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s)shown above, and in such case, the City is responsible for, and agrees to pay, any and all 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 actual costs exceeding the final bid amount II SCOPE OF WORK Section II, Paragraph 1.f. is revised,as follows. 1 The State will- f Upon completion of design and prior to bid advertisement, invoice the City for the City's share of the Project construction costs, estimated at $262,259 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, and de-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project Section II, Paragraph 2 d is revised, as follows: 2 The City will d Upon completion of design, within thirty (30) days of receipt of an invoice from the State and prior to bid advertisement, pay to the State, the City's Project construction costs, currently estimated at $262,259.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs III. MISCELLANEOUS PROVISIONS Section III, Paragraph 15. was removed and Paragraphs 18. and 19.were added,as follows: 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 and/or§ 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. Page 3 ADOT File No IGA/JPA 11-110-I CAR No 13-0000950-I Amendment No One 15-0005175-I 18. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement 19 The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Entities that expend $500,000 00 or more (prior to 12/26/14) and $750,000 00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9)months of the sub recipient fiscal year end ADOT—FMS Attn Cost Accounting Administrator 206 S 17th Ave Mail Drop 204B Phoenix,AZ 85007 SingleAudtt(a�azdot qov EXCEPT AS AMENDED herein, ALL OTHER terms and conditions of the Original Agreement remain in full force and effect THIS AMENDMENT NO ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 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 Amendment No One and that the Amendment No One is in proper form IN WITNESS WHEREOF, the Parties have executed this Amendment No One the day and year first above written +» CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO STEVE BOSCHEN, P.E Mayor ITD Division Director ATTEST: By KATHY CONNELLY Clerk ADOT File No IGAI JPA 11-110-I CAR No.: 13-0000950-I Amendment No One 15-0005175-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No One to the Original 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 .m. Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Amendment No One 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 Amendment No. One DATED this day of , 2015 City Attorney 0� PPP "E� City of Apache Junction, Arizona 300 E Superstition �� Boulevard z. Agenda Item Cover Sheet Apache Junction,AZ 85119 w - • Agenda Item No.4. t4 File ID: 15-112 Sponsor. Emile Schmid Agenda Date• 5/5/2015 Index. Community Infrastructure In Control City Council Meeting Amok Consideration of proposed Resolution No 15-17, authorizing the city to approve a new Intergovernmental Agreement with Arizona Department of Transportation for Congestion Mitigation and Air Quality funds providing design and construction services for Winchester Road sidewalk improvements Attachments City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 •ACNE Public Works Department 3 W*94e7roffe7fte/VXV,W/ �.a ;=s`'' Home of the Superstition Mountains '4q ZON, MEMORANDUM Date. April 22, 2015 To. Mayor and Members of City Council Through Bryant Powell, Assistant City Manager Giao Pham P E , Public Works Director From Emile Schmid P E , City Engineer Subject. Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Winchester Road Sidewalk Improvements The City has pursued and desires to utilize these available funds for the design of sidewalks, bicycle lanes, and a shared center turn lane on Winchester Road from Southern Avenue to 16th Avenue This will be an extension of the city's previous project, Winchester Road from 16th Avenue to Old West Highway Funding will be as follows Design (FY15) Federal-aid Funds. $ 169,740 00 City's Match. $ 10,260.00 Subtotal —Design $ 180,000.00 Construction (FY17) r Federal-aid Funds $ 197,604.00 City's Match $ 31,944 00 Subtotal —Construction $ 229,548.00 Total (Design and Construction) Federal Funds (CMAQ) $ 367,344.00 Total Estimated City Funds $ 42,204.00 Total Estimated Project Costs $ 409,548.00 The Public Works Department is requesting City Council to approve the new Joint Project Agreement (JPA)/Intergovernmental Agreement (IGA) with ADOT (JPA/IGA 15-0005194-I)for the above reference project 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice(480) 982-1055 • FAX (480) 982-8005 Ain RESOLUTION NO. 15-17 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 THE STATE OF ARIZONA FOR THE WINCHESTER ROAD SIDEWALK IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction "Cit ') and the State of Arizona Department of Transportation ("A T") enter into an Intergovernmental Agreement ("IGA") for nc ester Road from Southern Avenue to 16th Avenue and outher Avenue from Winchester Road to Royal Palm Road (the ` roject") ; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design of an intersection safety improvement project at the intersection of Idaho Road and Old West Highway (the "Project") ; and WHEREAS, the improvements include sidewalks, curb & gutter, bicycle lanes, ADA compliant sidewalk ramps, and a common shared turn lane WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated design total cost of the Project is $180, 000 00, including civil engineering design and state design review, which represents 100o funding; and WHEREAS, Federal-aid funds will contribute $169, 740 . 00 for Ask design of the Project; and WHEREAS, the required City matching funds contribution for design of the Project is $10, 260 . 00, and WHEREAS, the attached written agreement ("IGA/JPA 15- 0005194-I") sets forth the financial and administrative conditions for design of the Project NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS• RESOLUTION NO. 15-17 PAGE 1 OF 2 PriN /1 1) The Mayor and City Council hereby approve the attached IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City 2) Under the terms of IGA/JPA 15-0005194-I, the City will pay for the design costs associated with the Project in the amount of $10, 260. 00 . 3) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015 SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: .�. RICHARD J. STERN City Attorney RESOLUTION NO 15-17 PAGE 2 OF 2 Ask ADOT File No • IGA/JPA 15-0005194-I AG Contract No P001 2015 000xxx Project Winchester Rd Sidewalk Connections Section Winchester Rd; 16th Ave- Southern Ave Federal-aid No.: APJ00(212)T ADOT Project No • SZ183 01D 03D 01C TIP/STIP No • APJ17-401D,APJ17-401 CFDA No.: 20.205-Highway Planning and Construction Budget Source Item No.. N/A INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2015, 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" or"ADOT") 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§ 9-240 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 The work proposed under this Agreement, hereinafter referred to as the "Project", consists of sidewalk connections, bicycle lane installation and installation of American with Disability Act (ADA) compliant sidewalk ramps along Southern Avenue from Winchester Road to Royal Palm Road, Winchester Road from Southern Avenue to 16'h Avenue and 16th Avenue from Stetson Road to Winchester Road, for a distance of approximately .85 mile The State will advertise, bid, award and administer the scoping, design and construction of the Project. The plans, estimates and specifications for the Project will be prepared and, as required, submitted to Federal Highway Administration (FHWA)for approval 4 The City, in order to obtain federal funds for the design and/or construction of the Project, is willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined by the City and FHWA 5 The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and the authorization of such federal funds for the Project pursuant to federal law and regulations The State shall be the designated agent for the City for the Project, if the Project is approved by FHWA and funds for the Project are available The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project specifications and terms and conditions Page 2 IGA/JPA 15-0005194-I 6 The Parties will perform their responsibilities consistent with this Agreement, any change or modification to the Project will only occur with the mutual written consent of both Parties 7 The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost(CE) The estimated Project costs are as follows. SZ183 01 D (ADOT Project Management& Design Review(PMDR) Cost, non-federal-aid). �•. PMDR costs* $ 30,000 00 SZ183 03D (scopinq/desiqn): Federal-aid funds @ 94.3% $ 169,740 00 City's match @ 5 7% $ 10,260 00 Subtotal — Scoping/Design $ 180,000.00 SZ183 01C (construction): Federal-aid funds (capped) $ 197,604 00 City's match $ 31,944.00 Subtotal — Construction* (State administered) $ 229,548.00 Estimated TOTAL Project Cost $ 439,548.00 Summary: Total Estimated City Funds $ 72,204.00 Total Federal Funds $ 367,344.00 * (Included in the City Estimated Funds) ** (Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all, 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 actual costs exceeding the final bid amount. THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows II. SCOPE OF WORK 1 The State will: a. Upon execution of this Agreement, be the designated agent for the City for the Project, if the Project is approved by FHWA and funds for the Project are available Page 3 IGA/JPA 15-0005194-I b Upon execution of this Agreement, prior to performing or authorizing any work, invoice the City for the initial PMDR costs, estimated at $30,000.00 and the City's share of the Project design costs, currently estimated at $10,260.00 Invoice the City in increments of $5,000.00 to cover projected PMDR costs if, during the development of the design, additional funding from the City is required Once the costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs. c Once the costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs d. Upon receipt of the PMDR costs and the City's estimated share of the Project design costs, on behalf of the City, prepare and provide all documents pertaining to the design and post-design of the Project, incorporating comments from the City, as appropriate, and review and approve documents required by FHWA to qualify the Project for and to receive federal funds Such work may consist of, but is not specifically limited to, preparation of environmental documents, analysis and documentation of environmental categorical exclusion determinations, geologic materials testing and analysis, right-of-way related activities, preparation of reports, design plans, maps, specifications and cost estimates, and such other related tasks essential to the achievement of the objectives of this Agreement. e Submit all documentation required to FHWA containing the above-mentioned Project with the recommendation that funding be approved for scoping/design and request the maximum federal funds programmed for the scoping/design of this Project. Upon authorization, proceed to advertise for and enter into contract(s) with the consultant(s) for the design and post design of the Project f Upon completion of design and prior to bid advertisement, invoice the City for the City's share of the Project construction costs, estimated at $31,944.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs, and de-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project. g Upon receipt of the City's estimated share of the Project construction costs, submit all documentation required to FHWA with the recommendation that funding be approved for construction and request the maximum federal funds programmed for the construction of this Project. Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage. h. Upon FHWA authorization, proceed to administer construction, advertise for, receive and open bids, award and enter into a contract(s) with a firm(s) for the construction of the Project If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract Page 4 IGA/JPA 15-0005194-1 i 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 j. Enter into an agreement with the design consultant which states that the design consultant shall provide professional post-design services as required and requested throughout and upon completion of the construction phase of the Project Upon completion of the construction phase of the Project, provide an electronic version of the as-built plans to the City. k. Notify the City that the Project has been completed and is considered acceptable, coordinating with the City as appropriate to turn over full responsibility of the Project improvements De-obligate or otherwise release any remaining federal funds from the construction phase of the Project within ninety (90) days of final acceptance I 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 Upon execution of this Agreement, designate the State as authorized agent for the City for the Project if the Project is approved by FHWA and funds for the Project are available b. Within thirty (30) days of receipt of an invoice from the State pay the initial PMDR costs, estimated at $30,000.00 and the City's Project design costs, estimated at $10,260.00. If, during the development of the design, additional funding to cover PMDR costs is required, pay the invoiced amount to the State within thirty (30) days of receipt Be responsible for any difference between the estimated and actual PMDR and design costs of the Project. c Review design plans, specifications, cost estimates and other such documents required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds, and provide design review 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, pay to the State, the City's Project construction costs, estimated at $31,944.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs .m► Ink Page 5 IGA/JPA 15-0005194-I e Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, 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 that all obstructions or unauthorized encroachments of any 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, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24 102 Basic Acquisition Policies, 49 CFR 24 4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual 8 02 Responsibilities, 8 03 Prime Functions, 9 06 Monitoring Process and 9 07 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable 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 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, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations i. 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 prior approval from 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. j Upon notification by the State of Project completion, agree to accept, maintain and assume full responsibility of the Project in writing. k. 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 and related deposits or reimbursement, except any provisions for maintenance shall be perpetual, unless assumed by another competent entity This Agreement may be cancelled at any time prior to the award of Page 6 IGA/JPA 15-0005194-I the Project construction contract, upon thirty (30) days written notice to the other party. It is understood and agreed that, in the event the City terminates this Agreement, the City will be responsible for all costs incurred by the State up to the time of termination It is further understood and agreed that should the City terminate 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 State's participation is confined 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 solely 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 liability, costs and/or damage incurred by any of the above arising or resulting from this Agreement; and from any other liability, 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 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 The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal 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 federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds. Therefore, the City agrees to pay the difference between actual costs of the Project and the federal funds received 4 Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 5 The cost of the project under this Agreement includes indirect costs approved by the FHWA, as applicable 6 The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act") Additionally, Page 7 IGA/JPA 15-0005194-I 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 The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations) Entities that expend $500,000 00 or more (prior to 12/26/14) and $750,000 00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end ADOT—FMS Attn Cost Accounting Administrator 206 S 17th Ave Mail Drop 204B Phoenix,AZ 85007 SingleAuditazdot.gov 8 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 9 This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511 10. To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement 11. 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" 12 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. 13 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. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes§41-4401 Page 8 IGAIJPA 15-0005194-I 15 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 16 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 Raquel C Schatz 205 S 17th Avenue, Mail Drop 637E 300 E Superstition Blvd Phoenix,Arizona 85007 Apache Junction, AZ 85119 (602)712-7124 (480)474-8549 (602)712-3132 Fax Fax# 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 By By JOHN INSALACO STEVE BOSCHEN, P.E. Mayor ITD Division Director ATTEST By KATHY CONNELLY City Clerk ilabk IGA/JPA 15-0005194-I 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 , 2015. ROLL CALL VOTE NOTES: /11 1 d I ITEM # ' MEETING OF MOTION BY: SECONDED BY: 1 YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER J/ COUNCILMEMBER RIZZI J COUNCILMEMBER WALDRON J COUNCILMEMBER SERDY � COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-4 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO 15-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IRONWOOD DRIVE ROADWAY IMPROVEMENT PROJECT, BE APPROVED, AND THAT RESOLUTION NO. 15-17, 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 THE STATE OF ARIZONA FOR THE WINCHESTER ROAD SIDEWALK IMPROVEMENT PROJECT, BE APPROVED. 1.7' City of Apache Junction, Arizona 300 E Superstition Boulevard t" ' . .�' Agenda Item Cover Sheet Apache Junction,AZ 85119 \oil. f._ Agenda Item No.5 '_4 File ID: 15-99 Sponsor Bryant Powell Agenda Date 5/5/2015 Index In Control.City Council Meeting Presentation of 35 Year Service Award to Kathy Connelly, City Clerk, of the city of Apache Junction Attachments City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 �/ 6i. , , City of Apache Junction, Arizona 300E Superstition Boulevard ),) el Agenda Item Cover Sheet Apache Junction,AZ 85119 �� , s- Agenda Item No.6 4P°z° File ID: 15-30 Sponsor Bryant Powell Agenda Date•5/5/2015 ... Index In Control. City Council Meeting City manager's report Attachments* .. . City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 /ek PUBLIC HEARING I'\ 1. For APPLICATION FOR A SERIES 6 LIQUOR LICENSE FOR LUCKY STRIKES. 2. Will CITY CLERK KATHY 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. o RQ "� City of Apache Junction, Arizona 300E Super tition fU z Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 7 4 1O File ID: 15-106 Sponsor. Kathy Connelly Agenda Date 5/5/2015 Index: Local/State/Federal Statutory Requirement In Control. City Council Meeting p Consideration of application for a person transfer, location transfer, individual, series 6 liquor license for Lucky Strikes located at 1985 W Apache Trail, Unit 2 The next step in the procedure 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 Attachments City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 APRIL 22, 2015 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 MAY 5, 2015 APPLICATION FOR A LIQUOR LICENSE FOR LUCKY STRIKES An application for a Person Transfer, Location Transfer, Individual, Series 6 Liquor License has been submitted by Ms. Deborah L Wohle for Lucky Strikes located at 1985 W. Apache Trail Unit 2, Apache Junction, Arizona Correspondence has been received from the police department, planning division and the fire district, a copy of which is attached. The recommendation from the building division is still pending and will be forwarded upon receipt Please note the correspondence from the police department 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 Arizona Department of Liquor Licenses and Control Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor ram, Phoenix,Arizona 85007 r- www.azliquorgov 602-542-5141 r, APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WiTH BLACK INK tas rofice: Effective Nov 1,1997,/1II Owners.Accents,Partners.Stockholders.Officers.or Ma-lacers actively irwolved in the day to day operations of lie business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: ❑ MORE THAN ONE LICENSE ❑ INTERIM PERMIT Complete Section 5 ❑J T W R O S. Complete Section 6 0 NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 ®INDIVIDUAL Complete Section 6 ® PERSON TRANSFER (Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 ❑CORPORATION Complete Section 7 ® LOCATION TRANSFER (Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO Complete Section 7 Complete Sections 2,3,4, 12, 13, 15,'16 0 CLUB Complete Section 8 ❑PROBATENVMLLASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,8, 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 UCENSE#(s): ‘7".(72-2-c1- 12100-17: 1 Type of License(s)• Series 6 2 Total fees attached $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLIC ) E T REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 ApplicantMr s 1. Owner/Agent's Name ®Ms. Wohle Deborah(Insert one one name ONLY to appear on license) Last First Middle 2 Corp./Partnership/L.L C (Exactly as it appears on Articles of Inc.or Articles of Org.) Business Name Lucky Strikes (Exactly as it appears on the exterior of premises) 4 Principal Street Location 1985 W Apache Trail,Unit 2 Apache Junction Pinal 85120 (Do not use PO Box Number) City County Zip 5. Business Phone: ?ti,id7A) Daytime Phone.775-374-0268 Email: cooideb.chips@gmail.com 6 Is the business located within theinncorporated limits of the above city or town? ®YES ONO 7. Mailing Address: 1985 W Apache Trail,Unit 2, Apache Junction,AZ 85120 City Skate 8 Price paid for license only bar, beer and wine, or liquor store Type Bar $25,45) Type $ DEPARTMENT USE ONLY Fees'AKi>� � . rj Application Interim Permit Site Inspection `' Prints $ dictc-a FEES Is Arizona Stateme Citizenship&Alien Status For State Benefits complete ES 0 NO .O r Accepted by. Date. c.# /I 1rr12013 *Disabled individuals requi ng s eclat accommodation, please call(602)642-9027. 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 A.R.S. 4-203 01 2 There MUST be a valid license of the same type you are applying for currently issued to the location. 3 Enter the license number currently at the location. 71,1 4 Is the license currently in use?0 YES 0 NO If no,how long has it been out of use? 03 ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. , I, , declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, (Print full name) - MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location State of County of X The foregoing instrument was acknowledged before me this (Signature) My commission expires on. day of Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN'APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 1 Individual Last First Middle %Owned Mailing Address _ City State Zip __. Partnership Name (Only the first partner listed will appear on license) General-limited Last First Middle %Owned Mailing Address City State Zp ❑ ❑ Am. ❑ ❑ ❑ ❑ ❑ ❑ Y R ASSEC EN ? I T 2. Is any person,other than the above,going to share in the profttsllosses of the business? El YES KNO 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,Zip Telephone* 2 AMENDMENT _ p SECTION 5 interim Permit; 1 If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R S. 4-203 01 2 There MUST be a valid license of the same type you are applying for currently issued to the location. 3 Enter the license number currently at the location.WA rM 4. is the license currently in use?❑YES®NO If no,how long has it been out of = ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO T- APPLICATION. r_ (, , declare that I am the CURR • OWNER,AGENT, CLUB MEMBER, PARTNER, r_ (Print full name) r- MEMBER, STOCKHOLDER, OR LICENSEE(ci r.-- the title which applies)of the stated license and location. a State of County of ra' X eft (Signature) The foregoing instrument was acknowledged before me tfis day of My commission expires - - Day Month Year (Signature of NOTARY PUBLIC) ..� ..�. - S - -- SECTION 6 Individual or Partnership Owners: EACH PERSON USTED MUST SUBMITA COMPLETED QUESTIONNAIRE(FORM UCD1O1),AK APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 1 Individual Last First _r— Middle %Owned Mailing Address W _ City State Zip Wohle Deborah Lee h., 100 4922 N Cedar Dr. Apache Junction,AZ 85120 Partnership Name (Only the first partner listed will appear on license) Ge mited Last First Middle %Owned Mailing Address City State Zip � ) Y R A S S E C E N FIT 2 Is any person,other than the above,going to share in the profits/losses business? 0 YES NO If Yes, give name,current address and telephone number of the person(s). U itional sheets if necessary Last First Middle Malting Address ,Tap Telephone# 2 SECTION 7 Corporatton/Urnited Liability Co.: EACH PERSON LISTED MUST SUBSETA COMPLETED QUESTIOitKAIRE(FORM LIC04Dfj,ANcy,AP��ANT" {'�RD,AND$22PROCESSING FEE FOR EACH CARD. � )-'.!-K rt L ❑ CORPORATION Complete questions 1,2,3,5, 6,7,and 8. 0 LL.0 Complete 1,2,4,5,6, 7,and 8. 1. Name of Corporation/L.L.0' . (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated/Organized. State where Incorporated/Organized' 3 AZ Corporation Commission File No.. Date authorized to do business. AZ. 4 AZ L.L.0 File No: Date authorized to do business i M 5. Is Corp./L.L.0 Non-profit?0 YES ONO 6. List all directors,officers and members in Corporation/L.L.C.. Last First Middle Title M 'mg Address City State Zip • 1 U' LJ r _ - ,s_ (A r ACH ADDITIONAL SIIt±i IF NECESSARY) r 7. List stockholders who are controlling pe s or who own 10%or more. =' Last First M'%die %Owned Mailing Address City State Zip -4.. •;:111111111111111W I. ■ (ATTACH ADDITIONAL SHEET IF NECESSARY) .- 8 If t►- corporationi'L.L.0 is owned by another entity, attach a percentage of ownership chart,and a directoriofficer/member -sdosure for the parent entity Attach additional sheets as needed in order to disclose personal identities of all owners SE N 8 Club Applicants: EACH PERSON MUST summit COMPLETED QUESTIONNAIRE(FORM LICOIDI),AN'APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 1. Name of Club. Date Chartered: (Exa It appears on Club Charter or Bylaws) (Mach a copy of Club Charter or Bylaws) 2. Is dub non-profit? 0 YE O 3. List officer and directors Last First Middle Title Mailing Address City_State Zip 4 f i I Ll (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 e.% 6-0 (Exactly as It appears on license) Last M le 2. Assignee's Name: Last ,.�-�' First le 3. License Type. License Number. Date of Last Renewal: 4 IS 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 SECTION 10 Government:(for cities,towns,or counties only) 1. Governmental Entity 2. Person/designee. First Middle Contact Phone Number ARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED.F3 •- >✓n SECTION 11 Person to Person Transfer. cO Questions to be completed by "uS CO McGee;CURRENTCt LICENSEE(Bars and Liquor StoresONLY-Series 06,07,and 09). 1 Current Licensee's Name ! M T ps Entity. U rlt Enti 4.4-- (Exactly as it appears on license) Last First Middle {Indio,Agent,eta) 11 � 2 Corporation/L.L C Name. (Exactly as it appears on license) L'.) 3. Current Business Name: t-� S' (Exactly as it appears on license) r� 4 Physical Street Location of Business* Street -) c'LJ u r City, State,Zip S6-b ill 'W L.-L- /61'2-- 9 S J l 5 License Type• License Number. 6 l 1 6 603 6 If more than one license to be transfered. License Type License Number 7 Current Mailing Address. Street 'Id 6 It` 5 tQ en AU (Other than business) y- City, State,Zip 6 U �� tE 5705 8. Have all creditors,lien holders,interest holders,etc.been notified of this transfer? fES 0 NO 9 Does the applicant intend to operate the business while this application is pending? ❑YES W.NO if yes,complete Section 5 of this application, attach fee,and current license to this application. 10 I, £C.- i w l 6-h a- , 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. I, • ��2u-u- -- 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 _ j `- State of, County of ,�.ti�( (Signature of CURRENT LJC SEE) The foregoing instrument was acknowledged before me this OFFICIAL ' SEAL 1 L/ ( �` CYNTHIA BEJAR t P s t I 1 NOTARY PUSUC-State of Arizona Y Month Year My commission expires o MARICOPA COUNTY my Comm Expires-February 12,2016 e o ( ,' !n (Slanf NOTARYC&PUBLIC) BILL OF SALE This Bill of Sale is made on this 3f day of March, 2015 between Michael Charles Fusco ("Seller") and Deborah L. Wohle ("Buyer"). Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase the Liquor License# 06110003, in exchange for consideration of$ 25,000 (twenty-five thousand dollars). The receipt of which funds to Seller from Buyer, hereby grants the sale of Liquor License described above. The parties hereto, intending to be legally bound hereby, have signed this Agreement the day and year stated above ylrl t 6ki ace, FGrC6 ///4t. 44./ti Seller 4J State of Arizona County of (Via6vcrQ of On this date of ra s 3)1l0\S , before me personally appeared 1\ k Gh k>\ LDS c D . Tome known to be the person described in and who executed the foregoing bill of sale and acknowledged that they executed the same as their free act and deed and also made oath before me that the matters set forth in the foregoing agreement are true Notary Public OFFICIAL SEAL CYNTHIA BEJAR MyCommission expires: NOTARYPUBUC-StateofArtmna r► P a, ' MARICOPA COUNTY 1 • u' My Comm,Expires February 12,2016 • Buyer State of Arizona County of'f1(2te.oQy On this date of 1Y ci * 3)1 2(35- , before me personally appeared 1r,QCG�t L. \A. o'n.\-e_ To me known to be the person described in and who executed the foregoing bill of sale and acknowledged that they executed the same as their free act and deed and also made oath before me that the matters set forth in the foregoing agreement are true Notary PublicQ...._teickk. 0.1\� My Commission expires- oF11c . CYNT A BEJAR Cc NOT PU6LIC-Sta of Ar¢ona Z; pIIARICDPA ARY cOUNteTY Comm.Ems kbruary 12,2016 0045034 . 11.24 CASHIER'S CHECK ? SERtAt.# 00034010ee Me Au t (a) Remoter; Dt0ORAH L WOHLE ACCOUNT#: 4881-511434 meow,- OCoQRAH L WOHLE PuinheserAccouf* 1E11121440 OPasra LO- u77e 72 et001734 March 30,207 5 FutipgSource: Prierltem.(e) PAY it THE OROEROF ***MICHAEL FUSCQ*** ***TWenty-five thousand dollars and no cents*** **$25;000t0(r* Pe7•esiv s. ' • .,+tame • ' 1)YI:LLS.FA riP BANK,N.A. ' NCF10E TO PURCHASER—IF THIS INSTRUMENT IS LOST, VOID IF OVER US' 26,000.00 2401 W.4PA STOLEN OR DESTROYED,YOU MAY REQUEST CANCELLATION I > APACHES,1 Az 6,,120 AND REISSUANCE.AS A CONDITION TO CANCELLATION ANO NON-NEGOTIABLE Ir FOR I 1tlL on)344 3t22 REISSUANCE,WELLS FARGO BANK MAY IMPOSE A PEE AND I REQUIRE AN INDEMNITY AGREEMENT AND BOND. Purchaser Copy 1 1 PE004 m em 40.19S587 ' r \--'"';'..,, � - RITITET.TsuN ON ,NIA-7N-4':A,P .R 11i.6,I!o ;E ,'0141T, 0'Y.IEW..0 Fl:AUD1:IONAL:e011HITY-FEATUNE5'SEL.t 3ACK 3 ;g" ; ..12 i AQt)eDrl• 4• ",;.x`.: , ; CA }1IER'S G# I' 060340/098 I i oft).AU A '• 1210(8)• ''. • , i .•,, • i r 'Ikeinik ; " pS130My I.Y'%ONL,L5- ) ; ..OP4r4Mr IA, u378571 es001714` !. PAY TO THE ORDER'Of `*'" .MicHAEL FUSCO*** '•,' I • tr rF*ik t .***Twenty--five°thousant o rs and no cent$ , .• '• I ttAP$25,900.00tlrk 1. i t yvEL. ARQO BANK;N.A. • 1 • ' .,/A-US t Q6,000.00 ( 11 2691 W APA,CHE TF0. - . • . ' r - '''`At, c. JUNcYION,AZ a612q. • ';:FOR IrrOUiRIEB CACL(410)384ti7tz2 fBJ IAT ii C • • . 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''', '--- :44., '' ' .. ' ' -.-14:" fr.mrirki (i'' ,'''' °:''''.,.1&56fs t‘,..-;• A'-'7,Th..Ikp 'IT .P`;7;t.r&.,1Z-i.%-;.4.1'.-4,-1'f',%%-iirr',001../d.live-,'-'at,',-,, ;.-•-•,ctr, 4a,,,.WY,„otrth..'em,,,,,_.q411-44#:„got".e4, ra l'.'", ' dat,,, , • 1 .,...t.fA (• ,' „.,IfK,'1,.4.1te ;. Vrf:;kki.i. ':, tgit',.;Aig,.-":,- j".! ':,,,:3,k-Ns1W`r,..,I:104f‘?wl. ;NR-17/,e itl.P."V ` ,'.. ./, ' :.,6W-V7417P114":.7.w eV-,.`1.*:::',''•--.1.' .'''''''''' AliF 1 t: 19-.Ailfj" ..:11..i i 1—L(5 s tx V L.:ift "fit. •", 'i,s._,'llitti:.;11.11hl&-..A.'r2.‘ '4?':1.1.21h;t Z IlZ...-t't,\\Si W0. 'A,OrOkl.noyfncq wy-c-74111. 01.1,17,E4N...s, 7.7417t7,7..7.z-,: wMk!2(t.-nt .nf.2:."16:..S1 TZ:7SAL4‘"07k747 44'AL177"71;76/2 •1'9y'It'A1.,.-1•1'•1-•:'.'0'''": ..°' ')'... . .0....•:,':4.-.- 71 .1 — — fr.st., •,i-„I'l it-4410.10,11 STATE OF AlkIZONA ,,. \•,... .,!„.,v,..,_ DF,pARTM,....:,.-„., N1 ., Dv I ,QUOR LICENSES. • -. [ „ii, . •:),, .?....w t. 1 ( .., „,-.•., ... . (-I,-,' D .,. , p ..,..,..,- wNI-11.0L-'- ' • .• , ) , . ..,. .n.. .10. n -gi A_1_4 C(:.' )- -O. IC. B,E Vt.', . RAG--- ti. J_,T ICEN,S'_..._., 1 .,...•., /•,-.... 1.,/,.;-.;) ,,,,,,o•1, 41 • License 061 10003 1.:.11.....• :::y. \ Issue Date: 10/27/2008 Expiration Date: 8/31/2015\ •,...i„,. , ,.„.-., i • t i,..• ., .s .,-,-.--•,,,,-•%, . ssued To. :i4 •' * 4. -r Bar • ',.,....7,•• •) ('lite" ••,.3 MICHAEL CHARLES FUSCO,Owner Mailing Address. ;4'' .3•i( .4 '...‘ )ALocation ) 4FAlt ' BEA'S ,. - MI , CHAEL CHARLF.-S FUSCO „ 550 S AVE A „. , ,, 1/4,, 1 ' . ,. . ..''f ' BEA'S - ,)•.7 .- 0 ,:..-: - • , . ,,tn. SAN MANLTEL,AZ 85631 C. ' ' --. 390 N STONE AVE' •-• .•'.... ri,)at A' ' 4.i" • i • , .... ,,:.-.7 - . •TUCSON,AZ 85705 ) I .1 1 .04: —1. •,: ,.. . 4e ,... ,t` ' ' F:ji 1' '' • ......s .• , - • .: e.. ' +.':' :'•., ...,.- '' , .:;'..; , 0. .:.:0 .'•"- ) Kr 1,a,:•;,• %t •.:•:. k,-C.•-.,;,,,,, w .-...::: t••;,t., ' . \‘‘....4,F,•,/,,, • c•:,,., , ..,,,,•t„•••.•::. :, • .,, :ii i'...,.!,:;V.1.11/, • ,,,A,...--•-,.,- Fi,-. :: ( ;.,....1' ..,, .•..., ,.• .....,,?,•„..,. , . , . ,,....L. - *):...:,, g f§.-. 1 f.T... - •i' ...4:4.2--.1......• , i -.,... ... .; :, . ' .i:,.... POST THIS LICENSE INA CONSPICUOUS PLACE .,.. (01 1 \?,e;Tr , ,, , ,g, go,Nplat4r,11rtir* , - 71T,7-4'''4,t, .. .,843-.aeoWl#N-5•27--- ell'ilrie- -- -111*--,j110,';14.:Sgee, tlf ;'*'' , ' 41v,.,1WVIN:*- ..:-.' ( 1 / 1 \Zi.:T.,7-. No,,.., 4.,___ ,-,'."...,,p..,, -• .,.t,-,....k • : .:19': 40),4,,:JIM `f...- • A ?, 3.14-1.4" . ...oir., ., , '`1. ,t,*.,0 4,,,.. :*'•-Z,.'•!9'. 4k,v,-.1461r 404L1..1# k,„,...-7.11• .1,A . ...„,-,Y,.›. . • ..04 .ff*0 ••,-,-• ..:..7,....'"•'%W . 4 ' i•V 1.414 ,,.,‘, N Vt ejtv,,.„ .41* •I':344.1. ";;"'"'S":k''''5."4:''..ejtilib'--.4",-‘:.--'11112)%---tt'*l'i-44-.0%.-‘:.*4.'''---'‘Ii'-'131r) --1'.' .1\*l'-'41-4'4:' :.-- '...". '-`7:11 igil ;', lan.a--- ......a-s•71-4,!'°61-4".9%.%_44:11/kA..1. ..:St.-':..•'.= ,"s. ),...''451,..:''''''''.10-4k--,- -- ''' ..14.i ., I. '''''fi;,..V:ittil%.•041•ril'' 4.10w4FttlAttjeAf4W,Ri;-it:yi!I..ike41 ,f06,74Y:yiki;.r ' ••• 0 ' . '.), •‘.. , '*";%'14-1.--It`'..*,T et'ln•- .4.1,...,..:*„.e.r.„„: -41;:..t.' ..--',,.. ':11- .1".:W.,..tiffr-_,In I..."1.- •,)1. * 1 ....„416;fs'yo.;:ty&>,:',7.--. ii ''t...,1":,A.A't, ____.,ft ',I' ' lir A...7.,•:,,,:_„____, ,`,.,,,i' ,,,,;,,,Z.,::_.: • ray,. .„...;,, t.'7..'....--:,..--...,12)..,4t... ,..:_...:' ,..,q.,„0 1 V**.,...„.1.777:•.„...thitiate,;i:.44,1,,v, 2''..'14iV,/ .'.(,,‘k• _,-.... ....f!A...N..,I,..,',\..9.'" ..,•:-.....;..1,'„....- '.... _ .,_ _ , ) .,.,,_ .. . _...--' ) SECTION 12 Location to Location Transfer:(Bars and Liquor Stores ONLY), APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY H 1/I I fir` L tC, 1 Current Business- Name Bea's (Exactly as It appears on license) Address 550 S Ave A,San Manuel,AZ 85631 2 New Business: Name Lucky Strikes (Physical Street Location) Address 1985 W Apache Trail,Unit 2,Apache Junction,AZ 85120 3. License Type Bar License Number 06110003 4. If more than one license to be transferred License Type: License Number. 5. What date do you plan to move? 4/1/2015 What date do you plan to open? SECTION 13 Questions for all In-state applicants excluding those evolving for aovemment.hotel/motel. end restaurant licenses(series 5, 11,and 12): A.RS.§4-207(A)and(B)state that no retailer's license shalt be issued for any premises which are at the time 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 landergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent 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)(5)) 1. Distance to nearest school 36'f,S ft. Name of school 5J(leer S ;Lc: l ) 144 ail/ 1C/P__thitc L7`74x(..� Address /70D jt/ 3rn�edc�f( A �c-rr AZ_ / City, State, Zip (I Y$r02 2. Distance to nearest church: � $ ft. Name of church I)e.5 r j �. I i ca/ Uri fcr/(1 c &p 4`.;5 C Address 4/, e-(j4Z,0 Vcr her=. o .J l xio City, State, Zip 3 I am the. ®Lessee Q Sublessee ❑ Owner ❑ Purchaser(of premises) if the premises is leased give-lessors:Name Palo Verde Plaza,LLC Address S00 N Estrella Parkway,Suite B20602,Goodyear,AZ 85338 City, State, Zip 4a. Monthly rentaUfease rate$2,294.32 W ttat is the remaining length of the lease 5 yrs.0 mos. 4b. What is the penalty if the lease Is not fulfilled? $ or other See Attached (give details-attach additional sheet if necessary) 5 What is the total business indebtedness for this license/location excluding the lease?$ 0 Please list lenders you owe money to Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for(be specific)? Bar 5 j- :. s ENTRY AND INSPECTION. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same,and will permit Lessor at anytime within sixty(60)days prior to the expiration of-this lease, to place upon the premises any usual"To Let" or"For Lease"signs, and permit persons desiring to lease the same to inspect the premises thereafter. - 9. INDEMNIFICATION OF LESSOR: Lessor shall not bailable le for any damage or injury to Lessee,or any other person, or to any property,occurring on the demised premises or any, part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused. 10. POSSESSION: Lessee acknowledges taking possession of the premises as of the date of signing this lease. If. INSURANCE: Lessee,at his expense,shall maintain plate glass and public liability insurance including bodily injury and property damage insuring Lessee and Lessor with Minimum overage as follows$500,000 property damage, $2,000,000 public liability insurance. Lessee shall provide Lessor with a Certificate of Insurance showing Lessor "Palo Verde Plaza LLC"as additional insured. The Certificate shall provide for a ten-day written notice to Lessor in —. the event of cancellation or material change of coverage To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other,waive any and all rights of subrogation which might otherwise exist. 12. UTILITIES: Lessee agrees that he shall be responsible for the payment of all utilities including water,gas, electricity, heat, sewer and other services delivered to the premises.. 13. SIGNS:Lessor reserves the exclusive right to the roof, side and rear wails of the Premises. Lessee shall not construct any projecting sign or awning without prior written consent of Lessor which consent shall not be unreasonably withheld. 14. ABANDONMENT OF PREMISES: Lessee shall not vacate or abandon the premises at anytime during the term hereof, and if Lessee shall abandon or vacate the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to Lessee left upon the premises shall be deemed to be abandoned, at the option of Lessor. 1s. CONDEMNATION: if any part of the premises shall be telten or condemned for public use and a part thereof remains which is susceptible of occupation hereunder,this lease shall as to the part taken terminate as of the date the condemnor acquires possession and thereafter Lessee shall be required to pay such proportion of the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation, provided however, that Lessor may at his option terminate this lease as of the date the condemnor. acquires possession. In the event that the demised premises are condemned in whole or that such portion is-" condemned that the remainder is not susceptible. The use hereunder, this lease shall terminate upon the data upon which the condemnor acquires possession.All sums which may be payable on account of any condemnation shall belong to the Lessor,and Lessee shall not be entitled to any part thereof, provided however,that Lessee shad'' be entitled to retain any amount awarded to him for his trade fixtures or moving expenses 16. TRADE FIXTURES'Any and all improvements made to the pi errtises during the term hereof shall belong to the •i Lessor, except trade fixtures of the Lessee Lessee may,upon termination'hereof, remove all his trade fixtures but shall repair Or pay forall repairs necessary for damages to the premises occasioned by removal. 17. DESTRUCTION OF PREMISES: In th.e event of a partial destruction of the premises dunng the term hereof, from any cause, Lessor shall'forthwith repair the same, provided that such repairs can be made within sixty(60)days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, excepts', that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. if such repairs cannot be made within said sixty(60)days,Lessor, at his option, may make the same riti11e a reasonable time,this lease continuing in effect with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether the demised premises be injured or not.A total destruction of the building In which the premises may be situated shall terminate this lease. In the event of any dispute between Lessor and Lessee with respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as the parties may agree upon or if they cannot agree in accordance with the rules of the American Arbitration Association 18. INSOLVENCY In the event a receiver appointed to take over the business of Lessee or in the event Lessee makes a general assignment for the benefit of creditors or Lessee takes or suffers any action under any insolvency or bankruptcy act the same shall constitute breach of this lease by Lessee. 19. REMEDIES OF OWNER ON DEFAULT in the event of any breach of this lease by Lessee Lessor may, at his option terminate the lease and recover from Lessee: (a)the worth at the time of award of the unpaid rent which was earned at the time of termination; (b)the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the.time of the award exceeds the amount of such rental loss that the Lessee 4 roves • h: --been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid it rent for the balance of the term after the time of award exceeds the amount of such rental lass that Lessee proves could be reasonably avoided, and (d)any other amount necessary to compensate Lessor for all detriment proximately caused by Lessee's failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom. Lessor may, in the alternative, continue this lease in effect, as long as Lessor does not terminate Lessee's right to possession, and Lessor may enforce all his rights and remedies under the lease, including the right to recoverthe rent as it becomes due under the lease. If said breach of lease continues, Lessor may, at any time thereafter, elect to terminate the lease. Nothing contained herein shall be deemed to limit any other rights or remedies which Lessor may have. 20. SECURITY: The security deposit set forth above, if any, shall secure the performance of the Lessee's obligations hereunder Lessor may, but shall not be obligated to apply all or portions of said deposit on account of Lessee's obligations hereunder. My balance remaining,upon termination shall be returned to Lessee. Lessee shall not have the right to apply the Security Deposit in payment of the last month's rent. • DEPOSIT REFUNDS'the balance of all deposits shall be refunded within two weeks from date possession is delivered to Owner or his authorized Agent, together with a statement showing any charges made against such deposits by Owner. 22. ATTORNEY'S FEES: In case suit should be brought;for recovery of the premises, or for any sum due hereunder,or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee 23. WAIVER:No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 24. NOTICES:Any notice which either party mayor is required to give,shall be given by mailing the same, postage r. prepaid, to Lessee at the premises, or Lessor at the address shown below, or at such other places as may be designated by the parties from time to time. IN THE EVENT LE$SEE CHANGES PHONE NUMBER OR PERSONAL,, RESIDENCE ADDRESS LESSEE MUST NOTIFY LESSOR WITHIN 24 HOURS. 25. HOLDING OVER:Any holding over after the expiration of this lease,with the consent of Lessor, shall be construed a a month-to-month tenancy at a rental of$4,000 00 per month phis NNW plus tax plus annual increases. 26. TIME: Time is of the essence of this lease. 27. HEIRS,ASSIGNS, SUCCESSORS This lease is binding upon and inures to the benefit of the heirs assigns and successors in Interest to the parties 28. TAX INCREASE'In the event there is any increase during any year of the term of this lease in the City County r State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this tease commences,whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to 33 3 % of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease, the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 29. RENT INCREASE. The rent provided for in paragraph 2 shall be adjusted effective upon the first day of the month immediately following the expiration of 36 months from date of commencement of the term and upon the expiration of each 12 months thereafter by multiplying the last rent by 1.04_ 30. OPTION TO RENEW: Provided that Lessee is not in default in the performance of this lease, Lessee shall have the _option to renew the lease for an additional term of 24 months commencing at the expiration of the initial lease term. .11 of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be J812.00 which shall be adjusted in accordance with the rent increase provision set forth in paragraph 29.Tax and NNN are additional.The option shall be exercised by written notice given to Lessor not less than 120 days prior to the expiration of the Initial lease term if notice is not given in the manner provided herein within the time specified, this option shall expire at the option of Lessor 31. LESSOR'S LIABILITY:The term'Lessor,"as used in this paragraph, shall mean only the owner of the real property or Lessee's interest in a ground lease of the premises In the event of any transfer of such title or interest the Lessor named herein(or the grantor in case of any subsequent transfers)shall be relieved of all liability related to Lessor's obligations to be performed after such transfer. Provided,however,that any funds in the hands of Lessor or Grantor at the time of such transfer shall be delivered to Grantee. Lessor's aforesaid obligations shall be binding upon Lessor's successors and assigns only during their respective periods of ownership 32. ESTOPPEL CERTIFICATE: (a) Lessee shall at anytime upon not less than ten(10) days prior written notice from Lessor execute acknowledge and deliver to Lessor a statement in writing'[1)certifying that this Lease is unmodified and in full force and effect(or, if modified stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) the amount of any security deposit and the date to which the rent and other charges are paid in advance if any,and (2)acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part of Lessor hereunder, or specifying such defaults if any are claimed.Any such statement may be conclusively relied upon by any prospectiv; urchaser or e, mbrancer to the Premises. ffiCT(ON 13 - conttn j¢ 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year7 ❑ YES NO if yes, attach explanation. 8 Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? 0 YES 2 NO 9. Is the premises currently licensed with a liquor license? 0 YES IR NO If yes, give license number and licensee's name' License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motel license applicants: — 1 Is there an existing restaurant or hotel/motel liquor license at the proposed location? 0 YES 0 NO If yes, give the name of licensee,Agent or a company name- and license#. Last Ffrst 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 0 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 applicant'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 v<riting, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information'tab applicants initials ._... o._.. .�. ...._ ._._ .__. SECTION 15 Diagram of Premises:(Blueprints not accepted, diagram must be on this form) r, 1 Check ALL boxes that apply to your business: ® Entrances/Exits ® Liquor storage areas Patio' Bi Contiguous ® Service windows 0 Drive-in windows ❑ Non Contiguous � 2. Is your licensed premises currently closed due to construction, renovation, or redesign? J YES ❑NO If yes, what is your estimated opening date? 06/01/2015 month/day/year 3. Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas includ p the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7 4. The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spiritous 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. b p ican initials rra► �. 4CTION 15 Diagram o. .-remises 1.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 I. 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. 5 L..x.r,f t-,..... ic -r-r- Li LO / t: c-I ,,.I e-- n Lft I .SECTION 16 Signature Block I, Deikdr-A ,, L 1410 hie. , hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct and complete nature of applicant listed in Section/.24 -ef on 1) State of f< �%V r ''County of A//.c ,r'' t% The foregoing instrume a acknowledged before me this �r.c—,, OFFICIAL SEAL '� �r G1 j�F . JUANITAA. ESPARZA of .!.r. • I` �. NOTARY PUBLIC-State of Arizona .. Month r/r ��s MARICOPA COUNTY / My Comm.Expires September 10,2018 '� My commission expi son Day Month Year `�.., signature o OTARY PUBLIC VP' 7 - kr. ..,. • .,--,—,....-;:i kr\ ‘ • A ......,..... , . , #b •a: . 4 1. , . . . ,.,, , 1-. 4., \ .....„ ..v „lit. -.V.: \\ , . , , '\,- . . . % . , u \...,......-....":"..........- e C ' t*C:20 eS. --\ de / . . , .. % 0 At ,:.:.,..;,..\.t:(;i. . 1:1 ,, ,,, 1\ . 1,1 ' •,.9 ' - iti , (4111111 ... ' 'Ill '. , , , 1 A ( INI' . ' s # r I d .� n` • sin+► t`� ir ,1 Vl o Q V L . '! ------ —^'"'�--- ,... ^. 'a 93:55 ( 5 L r� 17>. /_—/ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor \..\Z Phoenix AZ 85007 2934 a(p1 (602)542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This inf may 4 local law enforcement agencies for the purpose of backgrot nd,chedks only but must be ked to be ble • °1,J p'sti • or an fr public view. , Am. Read carefully. This instrument le:a`swain document Type or print with BLACK INK An extensive investigation of your background will be conducted. False or incomplete aria - - could result in criminal prosecution and the denial or subsequent revocation of a license or p= TO BE COMPLETED BY EACH CONTROWNG PERSON,AGENT;-OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST S•:MIT 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$13 FEE In addition to other fingerprint fees,a$22 DP5 background check fee will be charged for each Liquor lc Se fingerprint card. /�/��� The fees allowed by A.R.S.4 44-6852 will be charged for all dishonored checks, 061 '. 1 {,/ _ - (If the on is currently licensed) 1 Check ✓Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions meat#14,14a&21) box-- Iri- Controlling Person or Agent must complete#21 for a Manager C.ontrptling Person or Agent must complete#21 2.Name Wohie Deborah 1-eti---4 Date of Birth IVIONINIIIIMI Last First Middle WI a Public Record) 3 Social Security Number Drivers License State.AZ (NOT a public record) (JOT a public record) 4.Place of Birth. Santa Monica CA USA Height. 610" Weight 187 Eyes Haz Hair Bm/Grey City State Country (not county) 5. Marital Status Single Married I Divorced Widowed 6. Name of Current or Most Recent Spouse' 1;4/40/4"/4498e Date of Birth. /1 (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (Nu a public record) 7 You are a bona fide resident of what state? AZ If Arizona,date of residency 4/2013 8 Telephone number to contact you during business hours for any questions regarding this document. 775-374-0267 9 If you have been an Arizona resident for less than three(3)months,submit a copy of yourArizona driver's license or voter registration card. treoame of Licensed premises Lucky Strikes Premises Phone:'73 )et r 7.J ci 1,.Physical Location of Licensed Premises Address. 1985 W Apache Trail, Unit 2 Apache Junction Plnal 85120 Street Address (Do not use PO Box#) City County Zip 12 List your employment or twee of business during the past 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 Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 12/2014 CURRENT AJ Village Antiques 1.985 W Apache Trail Unit 4,Apache Jct, AZ 85120 12/2009 Current Disabled 5192QA'/ ged-,4r -OR Api4ci dvii)r•Ti-ov Ai-2 /o2L ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION/\ 13 indicate your residence address for the last five(5)years , Y FROM TO Rent or RESIDENTIAL Street Address ,Month/Year MonthlYear Own ,If rented attach additional sheet With name,address andehone number of landlord , City State Zip 4/2013 CURRENT Own 4922 N Cedar Dr. Apache Jct AZ 85120 5/2003 4/2013 Own HC 61 Box 159 Battle Mtn NV 89820 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?6-r ,and answer#14a below. If NO,skip to#15 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ✓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 16.Are there ANY administrative law citations, compliance actions or consents, criminal arrest,indictments ✓ YES NO or summonses PENDING against you orANY 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 Jiouor application or license rejected. denied. revoked, suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES ✓NO misrepresentation-? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES t/NO director or manager on any other liquor license in this or any other state? In If any answer to Questions 15 through 19 Is"YES`YOU MUST attach a signed statement. v Give complete details including dates, agencies involved, and dispositions SUBSTJIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED ,_ I. hj� r'. 20_ I, Deborah!.fie Wohle , hereby declare that I am the APPLICANT/REPRESENTATIVE n -r (print full name of Applicant) = filing this questionnaire I have read this questionnaire and all statements are true, correct and complete CI i� 'l X -z Ci State of IL\C i,70 (:-, County off i (. i 1J(VC (Signature of Applicant) Theem foregoing instrument s acknowlegged before�thits 'J \ day of Do-Is-AA. , ric)1 �y�rk, OFFICIAL SEAL Month Year My commission e ^o-.;•°-• - CYNTHIA BEAR 1 Q.--U/1� si�� G+-- _0_, t M OPA Aru°n4 r ()nature of NOTARYPUBUC) p1'Comm.Expires February 12,2Dt6 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 admowiedged before me this X day of Signature of Controlling Person or Agent(circle one) Month ' Year (Signature of NOTARY PUBLIC) Print Name My commission expires on- Day Month Year Arizona Department of Liquor License and Control Questionnaire #16. I was cited for a DUI by Apache Junction Police on 3/26/2015. Citation# 150326001 Any action is awating results of blood test. I. w r.,a EPI o ARIZONA STATEMENT OF CITIZENSHIP OR ALIEN STATUS FOR STATE PUBLIC BENEFITS Title IV of the federal Personal Responslbilifiy and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrant.,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. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s) from the attached "Evidence of U.S. Citizenship, U.S. National Status, or Alien Status" with your application for license or renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph. You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the same as your current legal name. SECTION I-APPLICANT INFORMATION APPLICANTS NAME (Print or type) i b g r h L.. LUoVI,I. TYPE OF APPLICATION (Check one) 11UNITIAL APPLICATION 0 RENEWAL SECTION H -CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? FLY es ❑ No • =� If Yes, indicate place of birth: City- A je►'t o <<<A State (or equivalent) e-A' Country or Territory 0, S, If you answered Yes, 1) Attach a legible copyy of a document from the attached list. Name of document: PA c ?o r 1 2) Go to Section IV. If you answered No, you must complete Section III and IV. 1 of 3 November 5,2014 �► Adin. ❑ 13 A foreign national not physically present in the United States. Otherwise Lawfully Present ❑ 14.A person not described in categones 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). SECTION IV - DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answe and evidence I have given are true and correct to the best of my knowledge. Uor-41. . E D rh t P 11/4 o f Applicant's printed name Todd's date 3 uz Applicant's signature EVIDENCE OF U.S. CITIZENSHIP, U.S. NATIONAL STATUS, OR ALIEN STATUS You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the same as your current legal name. Evidence showing authorized presence in the United State includes the following: 1. An Arizona driver license issued after 1996 or an Arizona non-operating identification card. 2. A driver license issued by a state that verifies lawful presence in the United States 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands focal time) 4. A United States certificate of birth abroad. 5. A United States passport. ***Passport must be signed*** 6. A foreign passport with a United States visa. 7. An 1-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10.A United States certificate of citizenship. 11.A tribal certificate of Indian blood 12. A tribal or bureau of Indian affairs affidavit of birth. 13. Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 3 of 3 1 eilliS * I' a ' % ii b • .. • . • • • - . '.. %' I . • . ...., ro ..."1, 4. *14 .'....‘.. ' ) r'''''Ap •! t t t ‘,., i...' 't,.• ' 1...*. . .',. ....,, `4.* *rt.,' ....- 4t1.. 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'.•.•'-', ••A:, • . ' '4 rt • 1 I I N i.1 44 4V4if-A .• c • ' ..4:- !`4t-, t i ii • .., ..-' .. ::17'.e.' •C• •\'. "&•..4g; --.:::',•,11e4-••-'--''4'. - 1 I. -,3. • r 1 %, *tk•••,;(,;;i''':'1. ., „,15.?!.e3.• -,.... ..''•'- - . . I - ... • ,,,,:,4'' `‘., L-1,,,,, „.--. '' , . - • ,_ 11. 1 : , \ • .., .., ---...--—---------- -4,SIGNATURE OFBEARER.ASIGNATI).REbU tITU4IRE/FIRMA DEL TITULAR I t--..- N s., ..! • .1U1 r.i.1. `,., P,P,A-A„SS,..S•..S,.E,p.P0Q iRd.T.'",-—...,.. 1, t,':...ti• ., PASAPORTE . Mx/Type/ 4 .-••.k/ m'igdt.,_1 1Poade po0'rl-tk3•.i,l__A i•,3g/4ti1".'*N01_,i,,!:,,.z.'/.i-...4.i.""-l—$u- ',5'";%x'.dr ,II • 1...)1 . . ,.. r! ...• , ... . .....-4-,,... ••-•;. . 11:8298'7601' I '...'Z1V-S.:411...,-.1"'7.7..1:-•• Samoa/dr*di:ADell.a74:,7.,..'1,-7,'..:' • ... . i• - , - ; r-- WOHLE ,— . Given,Names/Prawns/Ncen brei 1 ' . I 1 • .., DEBORAH L - — "1? AL, • :7/ I .....f.'.'_.' Nstiondity/trationerite,r,Necherididid .. I r....) I 't.;:.-.:.• • - . - .. UNITED G STATES•OF AMERICA - I-,,...: . , Date d birth/Date de rutsadoi ilkshe de nadmiento j 1 ireptio• :e..: ,i,„.1„ ,-,,: 1.,ral/Lieu de'eakzen-ae"J.L4air di nadmiento Sex/Sexe/Seib ........ ''':4 l'•• , . CALIFORNIA U. A. ' - F '-'•-...--' . . , Dale d issue/Date de den/rinds*/Fecal de expedidon Aulhardy/AuterWAeloddad I . , — • ..,.--,':— , ." ;,.--1-9—q0I1 . .r . ' - *i . — Ullaiattaiii ''' • I . .., 1 . , 1.. • Dela of gotteraboni Dale d'enaration/Feclu de eaduatdad' , .... . .. . • D T.8 Mepy 2011, . ' -1.; epartment of Gtote , .. •_ — ..:" — Endaraetnerds./.Mendota Specialise./Andaelonee V- ••:"„te`i .14, 1 : I '' - . • - ' ' '•.4.4- .• .,._^* ; ... pt.,, 1 " LE PAGE:27 - = . . Tri,..."• -.-1,-:-. .s.. .1 i . : .„ . • , II; P<USAWOHLE<<DEBORAW•et. ;<:<.5.1<<:<<<<•<<<<<<<<<<<<< . 1 , 4 82 2 98760.0U S A 5 097141 f'2141. 1'812455 2 82 83<01 6332 •1 _ ../ �, . Ltc., f,�, 55 'i5 t. 'n • ASSPORT < °aaa� !r +ek���Itl It 1�',`� a "Vim.•.r "��,a .. -1:- ' : United Sates 1 ( CIBT . . . • f 4vr mdka Global Visa and Passport Professionals 1 www.cibt.com Y: i 1-800-929-2428 1 _, U Page 1 of 1 Certificate#ON-LINE Certificate of Completion For Title 4 MANAGEMENT Liquor t.aw Training A Certificate of Completion must he on a form provided by the Arizona Department of liquor Certificates are competed by a state- approved training provider and,when Issued,the Certificate Is signed by the course participant. Basic Title 4 training is a prerequisite for MANAGEMENT Title 4 training A valid Certificate of Competton for BASIC Title 4 training must be on fie at the Department of liquor and satisfactory compietldn of a State-approved BASIC Title 4 course must be vetted by the training provider print to Issuing a Certificate of Completion forMANAGEMENr life 4 training. A replacement Certificate cl Completion for Title 4 training must be available through the training provider for two years after the training completion date. Student Information Deborah Wohle Fur► a(pleas tit) 6...„</ize, Signature 03/28/2015 03/28/2018 Training Competion Date Certificate Expiration Date (three years from completion date) Training Provider Information AATF-All-Star Alcohol Awareness Company Name CD P.O. Box 6252, Chandler, Arizona 8524-6 � Mailing Address "^I fyl (480)664-0389 Daytime Contact Phone Number r` Jared Repinski ,certify that the above named individual did successfully complete n Instructor Name(pease pint) Title 4 MANAGEMENT Training in accordance with A.R.S §4-112(G)(2)and Arizona Administrative Code (A.A C.)R19-1-103 using training course content and materials approved by the Arizona Department of liquor Licenses and Control, I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section as provided by A.A.C.R19-1-103(E)and(F). 28 / 03 / 2015 Instructor Signature Day Mo Year Persons required to complete BASIC&MANAGEMENT Title 4 training•1)owner(s)actively Involved in the daily business operations of a Nquor- licerned business of a series bred below 2)licensees,agents and managers actively Invetved In the daly business operations of a liquor-icensed business of a sales listed below In-state Microbrewery(sates 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance(series 8) Liquor Store(series 9) Private aub(series 14) fioteVMotel w/restaurant(series 11) Restaurant(series 12) Instate farm Winery(series 13) Beer&Wine Store(series 10) Liquor license applications(initial and renewal)are not complete until valid Certificates of Completion for all required persons have been submitted to the Department of Liquor The questionnaire(which designates a manager to a location)and the agent change form(which assigns a new agent to active Iquor licenses)are not complete unfit valid Certificates of Completion for at required persons have been submitted to the Department of liquor July 11,2013 of v/Ittinanv aOff_a•7 "AM u",..,+;g,.oteT Page 1 of 1 Certificate#ON-LINE ❑ On-sale Certificate of Completion ICI Off-sale For [ I On-and off-sale • Title 4 BASIC Liquor Law Training A Certlilcate of Completion must be on a form provided by the Arizona Department ofUJgilor Certificates are completed by a state- approved training provider and when Issued,the Certlflcate is signed by the course participant The State requires BA9C Title 4 training only as a prerequisite for MANAGEMENT Title 4 training or as a result of a liquor lawvlolation. Persons required to have BASIC Title 4 training are listed at the base of this Certificate. licensees sometimes require BASIC Title 4 Training a condition of employment. A replacement Cerltflcate or Completion for Title 4 training rrkrst be available through the training provider for two years after the training completion date. .. Student Information Deborah Wohie FuA Name fp s prtntl Signature LL�� 03/28/2015 03/28/2018 Training Completion Date Certificate Expiration Date (three years from completion date) _ sirs.. • Training Provider Information 'cl AATF—All-Star Alcohol Awareness Company Name . P 0 Box 6252,Chandler,Arizona 85246 ri Mating Address (480) 664-0389 nil Daytime Contact Phone Number t f Jared Repinski ,certify that the above named individual did successfully complete Instructor Name(please print) Title 4 BASIC Training in accordance with A R.S §4-112(G)(2) and Arizona Administrative Code(AA C)R19 1-103 using training course content and materials approved by the Arizona Department of Liquor Licenses and Control I understand that misuse of this Certificate of Completion can result in the revocation of State-approval for the Title 4 Training Provider named in this section as provided by A.A.0 R19-1 103(E)and(F), 13� 28 / 03 / 2015 Instructor Signature Day Mo Year Persons required to complete BASIC&MANAGEMENT Title 4 training 1)owner(s)actively involved in the daily business operations ore liquor- licensed business of a series listed below 2)Acensees,agents and managers actively Involved In the daly business operations of a liquor-licensed business of a sales listed below In-state Microbrewery(series 3) Government(series 5) Bar(series 6) Beer&Wine Bar(series 7) Conveyance(series 8) Liquor Stare(series 9) Private Club(series 14) Hotel/Motel w/restaurant(series 11) Restaurant(series 12) In-state farm Winery(series 13) Beer&Wine Store(series 10) Liquor license applications(Initial and renewal)are not complete until valid Cerfilfcates of Completion for at required persons have been submitted to the Department of Liquor. The questionnaire(which designates a manager to a location)and the agent change form(which assigns a new agent to active liquor licenses)are not complete until valid Certificates of Complettcn for at required persons have been submitted to the Department of Liquor Jury 11,2013 ff��T1 //UTlrilr QOta,r`et tY,I(cartig.oteT G'1r19.s_.----1 "+lino Inn'r 19)eitl/Fteleall/ 0001. Home of the Superstition Mountains NOTICE The attached application for a Person Transfer, Location Transfer, Individual, Series 6 Liquor License submitted for Lucky Strikes, located at 1985 W. Apache Trail, Unit 2, Apache Junction, Arizona, was posted on the 8th day of April, 2015, at 3.00 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, May 5, 2015, 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. .• dX--"R-Z-11:7 Kathleen Connelly City Clerk 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 •TDD(480)983-0095 •www ajcrty net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 ..•. Wdy oPclacite4evyte/titiiv 0• «3.? Home of the Superstition Mountains April 8, 2015 Deborah L Wohle Lucky Strikes 1985 W Apache Trail, Unit 2 Apache Junction, AZ 85120 Dear Ms. Wohle Please be advised that the application for a Person Transfer, Location Transfer, Individual, Series 6 Liquor License submitted for Lucky Strikes, located at 1985 W. Apache Trail, Unit 2, Apache Junction, Arizona, was posted on April 8, 2015, in accordance with state law. The Apache Junction City Council will hold a public hearing on May 5, 2015, at 7:00 p.m in the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time the city council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control Please note that the city council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Tuesday,April 21, 2015, 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(480) 474-5068. Since ely�, �e 14 Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018 •TDD(480) 983-0095•www ajcity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 APRIL 8, 2015 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISION PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK)(:e, FROM: SUZANNE HENINGER, SENIOR CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR LUCKY STRIKES Ms Deborah L Wohle has submitted an application for a Person Transfer, Location Transfer, Individual, Series 6 Liquor License for Lucky Strikes, located at 1985 W Apache Trail, Unit 2, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by email no later than Tuesday, April 21, 2015, in order for this item to be on the agenda for the City Council meeting of May 5, 2015. A.. A.. Suzanne Heninger From: Rudy Esquivias Sent: Thursday, April 09, 2015 5.33 PM To: Suzanne Heninger; Dave Zenner;Jeff Robinson, john suniga@sfmd.az.gov' Cc: Larry Kirch;Janet Mason Subject: RE. Lucky Strikes Liquor License Suzanne• The Planning Division has no objections to the opening of a new bar at the site of the formerJakes O'Mine establishment The property is zoned B-2 Old West Commercial,which permits bars and restaurants outright The applicant should check with the Building Division prior to doing any remodeling work, as some work may require permits and inspections The applicant should also check with the Planning Division regarding sign code requirements for proposed new signs. LL c fAvt1v[a.3 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias©ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7.00am to 6.00pm, closed Fridays and Holidays.) From: Suzanne Heninger Sent: Thursday,April 09, 2015 7:51 AM To: Rudy Esquivias; Dave Zellner; Jeff Robinson, 'john.suniga@sfmd az goy' Cc: Larry Kirch, Janet Mason ^Subject: Lucky Strikes Liquor License Ms. Deborah L Whole has submitted an application for a Person Transfer, Location Transfer, Individual, Series 6 Liquor License for Lucky Strikes,located at 1985 W Apache Trail, Unit 2. Please conduct the necessary inspections and submit your recommendation by email no later than Tuesday,April 21, 2015 to Suzanne Heninger, in order for this item to be on the agenda for the City Council meeting of May 5, 2015 Please see attached application. 1 Janet Mason From: Jeff Robinson Sent: Tuesday, April 21, 2015 9.07 AM To: Janet Mason Cc: Thomas Kelly;Troy Mullender Subject: RE Lucky Strikes liquor application Janet, I went by Lucky Strikes last week and the entire interior was gutted and they were pouring new concrete flooring'' It would be impossible for me to conduct an inspection on a location that is not even close to being completed I'll go back by there today and see what kind of progress they have made I wonder if they have permits for all the construction they have under way? From: Janet Mason Sent:Tuesday, April 21, 2015 9:02 AM To: Dave Zellner; Jeff Robinson Cc: Suzanne Heninger; Kathy Connelly Subject: Lucky Strikes liquor application Just a reminder I have not received your department recommendation for this liquor license application. It is due today Thanks Jaw Macaw Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 jmason@aicity net r► 1 .41111. Suzanne Heninger From: Jeff Robinson Sent: Tuesday,April 21,2015 2.18 PM To: Suzanne Heninger Cc• Thomas Kelly;Troy Mullender Subject- RE: Lucky Strikes Liquor License ... Suzanne, I have visited the Lucky Strikes location on two occasions, including today The establishment is still under construction and this morning a "Stop Work Order"was placed on the front door by the city. They do not intend on opening until June or July which would give them time to complete the construction and the police department can do an inspection of the establishment as it will be, when open to the public.At this time the police department will not support the Person Transfer, Location Transfer of Lucky Strikes. From: Suzanne Heninger Sent: Thursday, April 09, 2015 7:51 AM To: Rudy Esquivias; Dave Zellner; Jeff Robinson; 'John suniga@sfmd.az.gov' Cc: Larry Kirch;Janet Mason Subject: Lucky Strikes Liquor License Ms Deborah L.Whole has submitted an application for a Person Transfer, Location Transfer, Individual,Series 6 Liquor License for Lucky Strikes, located at 1985 W.Apache Trail, Unit 2 Please conduct the necessary inspections and submit your recommendation by email no later than Tuesday,April 21, 2015 to Suzanne Heninger, in order for this item to be on the agenda for the City Council meeting of May 5, 2015. Please see attached application 1 v Af' 4 1: Superstition Fire & Medical District -� :FA'te = 3700 E 16'Avenue, Apache Junction, AZ 85119 z ' Phone (480) 982-1299, Fax (480) 982-3268 �O,Q 20,0 www.sfmd.az.gov MEMORANDUM TO Suzanne Heninger, City Clerk Secretary City of Apache Junction 300 E Idaho Road Apache Jct , AZ 85219 FROM John Sumga, Deputy Fire DATE• April 13, 2015 SUBJECT. Application for Liquor License for 1985 W. Apache Trail, Apache Jct.,AZ The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 1985 W. Apache Trail, (Lucky Strikes). 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- "` 1299 Thank You. JOS ATTN. Application Oftk ROLL CALL VOTE J , NOTES �[� /. d,, r L (y) v; A,,,,\ . v q)) ITEM # MEETING OF ill MOTION BY: tN SECONDED BY: / YES NO ABSTAINED COUNCILMEMBER WALDRON I COUNCILMEMBER EVANS J COUNCILMEMBER SERDY ✓ VICE MAYOR BARKER V COUNCILMEMBER WILSON V COUNCILMEMBER RIZZI V MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 6 LIQUOR LICENSE FOR LUCKY STRIKES, SUBMITTED BY DEBORAH WOHLE, BE RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. 41111. 3�(--Ac"f� , City of Apache Junction, Arizona 300 E Superstition Boulevard 1- .o! Agenda Item Cover Sheet Apache Junction AZ 85119 i�u s►•z, r Agenda Item No 8 �� Fi le le ID: 1 5-100 Sponsor Heather Hodgman Agenda Date. 5/5/2015 Index In Control:City Council Meeting p Consideration the proposed agreement for PW 2014-16 Heating, Ventilating and Air Conditioning (HVAC) services, repair and filters with Frontier Mechanical AZ, Inc , DBA FMI Heating and Cooling for$21,000 00 for a period of one (1)year with the option to renew with four(4) additional one-year periods Attachments ... City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 Public Works Department Memo To: Mayor&City Council Bryant Powell,Assistant City Manager Thru: Giao Pham, Public Works Director From: Heather Hodgman, Public Works Management Assistant Date: April 27,2015 Re: Frontier Mechanical AZ, Inc. DBA FMI Heating&Cooling-HVAC Contract Mayor&City Council- The current contract that was signed in January 2010 with FMI Heating&Cooling(FMI)shows a semiannual preventative maintenance agreement for$4,899 a year not including labor hours. This is an annual contract with (four)4 additional(one) 1 year periods. In 2012,the city added changing out filters for city hall,parks and recreation and Library for an additional$8,600 more a year. In 2015,the city added the Multi-Generational Center for filter changes For FY 10/11 and 11/12, the total amount spent is retrieved from an annual expense analysis provided by Finance. Below is the available financial breakdown information since FY 10/11 for FMI Heating & Cooling The detailed breakdown prior to FY 12/13 is not available but total expenditures for those years are provided. Preventative Unplanned Emergency Replacements Total Maintenance Spend FY 10/11 $55,473 83 FY 11/12 $46,899 17 FY 12/13 $12,227.00 $33,896 88 $11,554 47 $29,317 39 $86,995 74 FY 13/14 $12,034 90 $5,763.96 $6,806.40 $28,812.81 $53,418.07 FY 14/15 $9,948.84 $3,608.57 $3,305.75 $28,131 31 $44,994.47 as of April 14th #1 What is included in preventative maintenance? Preventative maintenance includes filter changes, checking fan belts, lubricate bearings, remove debris from blower fans,check motor supports,clean strainer screens, inspect nozzles, etc. With this new contract the monthly,semi-annual and annual maintenance is explicit as to what needs to be done on each unit The Multi-Generational Center and Police Department have been added to this new contract. #2 What does unplanned, replacements and emergency services entail? Unplanned services include FMI assisting Siemens with the energy conservation project, employees contacting Building Maintenance with heating/cooling issues and replacing thermostats at an employee's request,etc. The city has approximately 45+units that are over 10 years old that need to be replaced at one time, however, that is not feasible Instead, each fiscal year building maintenance requests monies to strategically replace HVAC units. Building Maintenance has replaced condensers, compressors, motors,fans,disconnects,etc.to try and keep the units running longer. Emergency repairs are when a unit is not heating or cooling, when coils are frozen, condensation leaks,etc. #3 FMI Labor Hours over the past 3 fiscal years Below is a list of labor hours that FMI has performed since FY 12/13. FMI has not charged a separate hourly labor rate for complete replacement of HVAC units nor for filter change outs. Adak Both of these most likely have the labor hours built in to the material costs associated with the units and filters. Preventative Unplanned Emergency Replacement Maintenance FY 12/13 Hours 6 119 106 5 215 FY 13/14 Hours 6 53 25 89 26 5 FY 14/15 Hours 4 53 515 60 2 #4 Hourly rates from current bid submittal. Below is the hourly labor rate and percentage cost for parts which FMI submitted with their bid documents and the hourly rates of the 7 remaining contractors. FMI HACI Comfort Innovative A Pueblo TD ABM Heating Service, Systems Mechanical Quality Mechanical Industries Building & LLC USA Systems HVAC & Controls, Services Cooling Services, Inc LLC Labor- Regular $55/hr $85/hr $90/hr $65/hr $85/hr $87.53/hr $75/hr $89/hr business hrs Labor-After hrs $85/hr $127.50/hr $135/hr $97.50/hr $160/hr $94/hr $112 50/hr $133.50/hr Labor, $112/hr $170/hr $135/hr $97.50/hr $160/hr $122/hr $112 50/hr $178/hr Weekend/Holiday Labor, Emergency $55/hr $85/hr $90/hr $65/hr $95/hr $87 53/hr $75/hr $89/hr Regular business hrs Labor, Emergency $85/hr $127.50/hr $135/hr $97 50/hr $160/hr $94/hr $112.50/hr $133 50/hr After business hrs Labor, Emergency $112/hr $170/hr $135/hr $97.50/hr $160/hr $122/hr $112 50/hr $178/hr Weekend/Holiday Parts, 40% 25% 20% 30% 30% 22 5% 30% 25% Components, Units,etc #5 Why was there such a gap in submitted bids? This is normal with this type of service. There are some contractors that will not take risks when submitting their bid documents and will have higher preventative maintenance costs. There are a few contractors within this bid submittal that decided to take the risk and give lower preventative maintenance costs thinking that they will make up the difference in emergency repairs that will be needed throughout the life of the contract Let me know if you need any further clarification Thank you Heather Hodgman 3 AGREEMENT FOR HVAC SERVICES & REPAIR BETWEEN CITY OF APACHE JUNCTION AND FRONTIER MECHANICAL AZ . , INC . DBA FMI HEATING AND COOLING PROJECT PW # 2014-16 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and Frontier Mechanical AZ Inc. , dba FMI Heating and Cooling, an Arizona corporation ("Contractor") , both referred to as the "Parties" collectively or as a "Party" individually. RECITALS A. In response to City' s request for bid via PW 2014-16, in which Contractor asserts its willingness, ability and qualifications to provide ventilation and air conditioning related service/installation/repair (the "Work") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work. C. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code Article 3-7 . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with the contract documents: A. Contractor to provide preventative maintenance, filter change-outs, repair, emergency repair, installation, and retrofit for heating, ventilation, and air conditioning ("HVAC") equipment throughout the City of Apache Junction for its City owned buildings. 1 B. Perform quarterly filter change-outs, monthly, semi- annual (twice a year) and annual preventative maintenance for the Police Department Cooling Towers. C. Perform semi-annual (twice a year) preventative maintenance and inspection on all equipment for remaining City owned buildings per specification. D. Contractor shall supply all labor, supervision, materials, tools, equipment, and effort necessary to maintain, repair, retrofit, or replacement of HVAC systems and products used in residential, commercial, and industrial environments. 2. Price: The contract shall be the amount payable by the City to the Contractor in the amount of: $21, 000 for the preventative maintenance and filter change-outs on all City owned HVAC units under the contract documents. The unit pricing for one time services to be performed as requested and authorized by the City Representative or his/her designee: UNIT ITEM DESCRIPTION QUANTITY PRICE 1 Labor, REGULAR business hours Per Hour $55. 00 2 Labor, AFTER regular business hours Per Hour $85.00 3 Labor, WEEKEND and HOLIDAY Per Hour $112 . 00 Labor, EMERGENCY REGULAR business 4 Per Hour $55. 00 hours Labor, EMERGENCY AFTER regular 5 Per Hour $85. 00 business hours 6 Labor, EMERGENCY WEEKEND and HOLIDAY Per Hour $112 .00 Cost Plus 7 PARTS, Components, Units, etc. $ 40% 3. CONTRACT TERM: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the 2 City Council to May 5, 2016. The City of Apache Junction has the option to renew the Contract for four (4) additional one- year periods if mutually agreeable. If the contract is renewed, the total length of the contract shall not exceed five (5) years from the original date of award of Contract. The City reserves the right to unilaterally extend any of the one-year (1) periods by thirty-one (31) days. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 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, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. 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 represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes `doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the 3 same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk' s Office or the Arizona Department of Revenue, whichever has jurisdiction at such time of conversion. •� 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 construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 8. INDEMNIFICATIONS: 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 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 4 person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. 9. ENFORCED DELAYS (FORCE ) JEURE) : Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its .•. control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 5 11. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other A.. county. In the event either Party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12 . INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work 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. A. 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 or Work. 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 6 shall be solely responsible for the deductible and/or self- insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, 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. 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. 7 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 Contractor' s work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s General Liability insurance. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the work or services; and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. In case any Work is subcontracted, Contractor will require 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 City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the a required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a `claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work 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. 8 40 .. 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 Mayor and Council 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. 13. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 14. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 15. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 9 16. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 17. 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. 18. 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 AN. expenses incurred up to the termination date. 19. APPEALS: All contractual grievances shall be submitted in writing to the City Manager 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 City Manager shall respond in writing to the company. The City Manager' s decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 20. 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 10 inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 21. 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. 22. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, ,� instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 23. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R. S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will 11 verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R. S. § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R. S. § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 25. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work being performed hereunder will occur by City. Contractor agrees that City will have the •� exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without any additional charge or cost to City whatsoever. 26. SUPERVISOR: Contractor shall employ a competent service manager or supervisor who shall be in attendance at the service site during the progress of the work. The supervisor shall represent and be the community agent of the Contractor and communications given to the supervisor shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated supervisor will be: 12 Name: /2c4y go/70 L/Gl Phone: cj— 56— Igoo Cell Phone: 7 Lc - 3 3 V - .c Emergency Phone: j�-.-- 367 — c4),;La Email Address: ('4p,,,'got f jtl /4 , CO/), ..� Address: 13 ?,p u/ , 6vy 6vc�r/ � Z . 4'5), 3 � 27. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. 13 ems IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this 2St14 day of tAA42.52,0. , 2015. FRONTIER MECHANICAL AZ INC, DBA FMI HEATING AND COOLING, an Arizona corporation 011 By: - c Its CITY OF APACHE JUNCTION an Arizona municipal corporation By: John Insalaco Title : City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14 ROLL CALL VOTE ti) NOTES: 7 ITEM # MEETING OF\A) NVv MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI J COUNCILMEMBER EVANS COUNCILMEMBER W ILSON COUNCILMEMBER WALDRON J VICE MAYOR BARKER J MAYOR INSALACO UNANIMO1 IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT THE AGREEMENT BETWEEN FRONTER MECHANICAL AZ, INC. DBA FMI HEATING AND COOLING AND THE CITY OF APACHE JUNCTION FOR PW 2014- 16 HEATING, VENTILATING AND AIR CONDITIONING (HVAC) SERVICES, REPAIR AND FILTERS FOR A PERIOD OF ONE YEAR IN THE AMOUNT OF $21,000 WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS, (BE APPROVED) OR(BE DENIED). *� per• "ff City of Apache Junction, Arizona 300 E Superstition Boulevard ' Agenda Item Cover Sheet Apache Junction,AZ 85119 Mitipz Agenda Item No 9 '�* File ID 15-114 Sponsor Emile Schmid Agenda Date Index. Community Infrastructure In Control City Council Meeting Consideration of proposed Resolution No 15-18, authorizing the city to approve Amendment No 1 to Intergovernmental Agreement with Arizona Department of Transportation for Safe Routes to School grant funds Attachments City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 .ACH Public Works Department e'*4 70/1 &*ff,711 rAV71 7/Z Home of the Superstition Mountains 4 - ZON MEMORANDUM Date. April 22, 2015 To Honorable Mayor and Members of the City Council Through Bryant Powell, Assistant City Manager Giao Pham P E , Public Works Director From Emile Schmid P.E , City Engineer Subject Utilization of Safe Routes to School (SRTS) Funds Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds in various locations near the elementary schools and junior high school to construct sidewalks, curb & gutter, and bicycle lanes as follows Per the original IGA dated May 14, 2012, the City is in an agreement with ADOT for the following. Federal-aid Funds (FY15): Scoping $ 33,264 00 Design $ 53,240.00 Construction $ 204,166 00 Design & Construction $ 291,166.00 Amendment No 1 of the IGA will have the following cost break down- Federal-aid Funds $ 367,344.00 Total Estimated City Match $ 20,000.00 Total Estimated Construction $ 387,344.00 The Public Works Department is requesting City Council approval to enter into Amendment No One to the Intergovernmental Agreement (IGA) with ADOT which will provide additional funding for the construction of sidewalks, curb & gutter, and bicycle lanes at the same time that Ironwood Drive will be under construction 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480)983-5752 or(480)982-8005 N lk — RESOLUTION NO 15-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO. ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE USE OF A SAFE ROUTES TO SCHOOL INFRASTRUCTURE GRANT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") entered into an Intergovernmental Agreement ("IGA") on May 14, 2012 to fund design and construction of concrete sidewalks with curb and gutter and bike lanes for various locations near elementary schools and junior high schools (the "Project") ; and WHEREAS, the City acquired additional federal-aid funds to help with the increase construction costs; and WHEREAS, the attached written amendment ("IGA/JPA 11-210I, Amendment No. One. 15-0005177-I") modifies the original financial and administrative conditions for design of the Project NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached Amendment No. One to the above-noted IGA and the Mayor is hereby authorized to sign the agreement on behalf of the City. Alm 14, 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 RESOLUTION NO. 15-18 PAGE 1 OF 2 emS SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 15-18 PAGE 2 OF 2 ADOT File No.. IGA/JPA 11-210-I ADOT CAR No • 13-0000860-I Amendment No One• 15-0005177-I AG Contract No P0012012000645 Project Concrete sidewalk&bike lane Federal-aid No.. APJ-0(206)A ADOT Project No.: SF003 02D& 01C STIP No.. Amendment 42 CFDA No • 20 205-Highway Planning .... and Construction Budget Source Item No.: N/A AMENDMENT NO ONE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AMENDMENT NO. ONE to INTERGOVERNMENTAL AGREEMENT (the "Amendment No One"), entered into this date , 2015, pursuant to 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 City and State are collectively referred to as the"Parties " WHEREAS, the INTERGOVERNMENTAL AGREEMENT, JPA/IGA 11-210-1, A G Contract No P0012012000645, was executed on May 14, 2012, (the"Original Agreement"), WHEREAS, the State is empowered by Arizona Revised Statutes § 28-401 to enter into this Amendment No One and has delegated to the undersigned the authority to execute this Amendment No One on behalf of the State, '... WHEREAS, the City is empowered by Arizona Revised Statutes § 48-572 to enter into this Amendment No One and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Amendment No One and has authorized the undersigned to execute this Amendment No One on behalf of the City, and NOW THEREFORE, in consideration of the mutual agreements expressed herein, the Parties desire to amend and restate the Original Agreement in its entirety,as follows: Page 2 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I 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 The Safe Routes to School (SRTS) Program was established in August 2005 as part of SAFETEA-LU, Section 1404 of this legislation provides funding for State Departments of Transportation to administer SRTS programs. The State and City have identified the project within the City as eligible for this funding. 4 The work proposed under this Agreement consists of designing and costructing concrete sidewalk with surb and gutter and bike lanes, hereinafter referred to as the "Project" Listed are the following locations for concrete sidewalks and bike lanes a East side of Ironwood Drive between Broadway Avenue and 4th Avenue across from Superstition Mountain Elementary School a 1039 foot concrete sidewalk with curb & gutter b West side of Idaho Road at Tepee Street south of Four Peaks Elementary School a 399 foot concrete sidewalk with 341 feet of curb and gutter c. West side of Idaho Road from Tepee Street to Foothill Street sidewalk with curb and gutter d Four Peaks Elementary School to the public library a 1 4 mile bike lane The State will be the City's designated agent for obtaining federal funds for the City. The City agrees to use one of the State's on-call design consultant firms to prepare the necessary documents and design plans in conformance with the federal project development process The State will administer the construction phase of the Project The plans, estimates and specifications for the Project will be prepared and, as required, submitted to the State and Federal Highway Administration (FHWA)for its approval 5 The City, in order to obtain federal funds for the design and/or construction of the Project, is willing to provide City funds to match federal funds in the ratio required or as finally fixed and determined by the City and FHWA, including actual construction engineering and administration costs (CE) 6. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and the authorization of such federal funds for the Project pursuant to federal law and regulations The State shall be the designated agent for the City for the Project, if the Project is approved by FHWA and funds for the Project are available. The Project will be performed, completed, accepted and paid for in accordance with the requirements of the Project specifications and terms and conditions 7 The Parties shall perform their responsibilities consistent with this Agreement, any change or modification to the Project will only occur with the mutual written consent of both Parties Page 3 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I 8 The federal funds will be used for the scoping/design and construction of the Project, including the construction engineering and administration cost(CE) The estimated Project costs are as follows' SF003 03D(scopinq/design): Federal-aid funds (CMAQ) @ 94 3% $ 169,740 00 City's match @ 5 7% $ 10,260 00 Subtotal—Scoping/Design* $ 180,000 00 SF003 01C (construction). Federal-aid funds (CMAQ)@ 94 3% $ 197,604 00 City's match @ 5 7% $ 11,944 00 City's match @ 100% $ 20,000 00 Subtotal—Construction** $229,548 00 TOTAL Estimated Project Cost $409,548.00 Total Estimated City's Funds $ 42,204.00 Total Federal Funds $ 367,344 00 * (Includes ADOT Project Management& Design Review(PMDR)costs) **(Includes 15% CE and 5% Project contingencies) The Parties acknowledge that the final Project costs may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all 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 actual costs exceeding the final bid amount THEREFORE, in consideration of the mutual Agreements expressed herein, it is agreed as follows. II SCOPE OF WORK 1 The State will. a Upon execution of this Agreement, be the designated agent for the City, if such project is approved by FHWA and project funds are available b Upon execution of this Agreement, prior to performing or authorizing any work, invoice the City for the City's share of the Project design costs, estimated at $10,260.00. Invoice the City in increments of $5,000 00 to cover projected PMDR costs if, during the development of the design, additional funding from the City is required. Once the costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual PMDR and design costs c. Upon receipt of the City's estimated share of the Project design costs, on behalf of the City, prepare and provide all documents pertaining to the design and post-design of the Project, incorporating comments from the City, as appropriate, and review and approve documents required by FHWA to qualify Page 4 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I the Project for and to receive federal funds Such work may consist of, but is not specifically limited to, preparation of environmental documents; analysis and documentation of environmental categorical exclusion determinations, geologic materials testing and analysis, right-of-way related activities, preparation of reports, design plans, maps, specifications and cost estimates, and such other related tasks essential to the achievement of the objectives of this Agreement. d Submit all documentation required to FHWA containing the above-mentioned Project with the recommendation that funding be approved for scoping/design, and request the maximum programmed federal funds for the scoping/design of this Project. Upon authorization, proceed to advertise for and enter into contract(s)with the consultant(s)for the design and post design of the Project e Upon completion of design and prior to bid advertisement, invoice the City, for the City's share of the Project construction costs, currently estimated at $31,944.00. Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs and de-obligate or otherwise release any remaining federal funds from the scoping/design phase of the Project f Upon receipt of the City's estimated share of the Project construction costs, submit all documentation required to FHWA with the recommendation that funding be approved for construction Request the maximum programmed federal funds for the construction of this Project. Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage g Upon FHWA authorization, proceed to administer construction, advertise for, receive and open bids, award and enter into a contract(s) with a firm(s) for the construction of the Project If the bid amounts exceed the construction cost estimate, obtain City concurrence prior to awarding the contract h 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 i Enter into an agreement with the design consultant which states that the design consultant shall provide professional post-design services as required and requested throughout and upon completion of the construction phase of the Project. Upon completion of the construction phase of the Project, provide an electronic version of the as-built plans to the City j Notify the City that the Project has been completed and is considered acceptable, coordinating with the City as appropriate to turn over full responsibility of the Project improvements. De- obligate or otherwise release any remaining federal funds from the construction phase of the Project within ninety(90)days of final acceptance k. 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 I Continuously evaluate the City's program based on the regular submittal of evaluation data as required and identified in the project application Should either of these not be met, State SRTS Project Coordinator maintains the right to discontinue the award Page 5 ADOT File No • IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One• 15-0005177-I 2 The City will a Upon execution of this Agreement, designate the State as the authorized agent for the City, if such project is approved by FHWA and project funds are available ''` b Upon execution of this Agreement, and prior to performing or authorizing any work, and within thirty (30) days of receipt of an invoice from the State pay the City's Project design costs, estimated at $10,260 00 If, during the development of the design, additional funding to cover PMDR costs is required, pay the invoiced amount to the State within thirty (30) days of receipt Be responsible for any difference between the estimated and actual PMDR and design costs of the Project c. Review design plans, specifications and other such documents and services required for the construction bidding and construction of the Project, including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds Provide design review 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 authorization, pay 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 as $31,944.00. e Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement, not covered by federal funding Should costs be deemed ineligible or exceed the maximum federal funds available, it is understood and agreed that the City is responsible for these costs, 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, in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, 49 CFR 24 102 Basic Acquisition Policies, 49 CFR 24 4 Assurances, Monitoring and Corrective Action, parts (a) & (b) and ADOT ROW Manual 8 02 Responsibilities, 8 03 Prime Functions, 9.07 Monitoring Process and 9 08 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable g. Not permit or allow any encroachments upon or private use of the area within the construction limits, 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 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, including without limitation, temporary construction easements or temporary rights of entry to accomplish among other things, soil and foundation investigations i. Submit the following progress reports and project evaluation forms as required by the Federal Safe Routes to School Program and State Program i ) Before ADOT can issue the Contractor a Notice to Proceed (NTP) with construction, baseline data must have been collected and submitted to the Safe Routes To School (SRTS) Program Coordinator to document the number of students arriving to, and departing from, the school by travel mode The data collection will need to occur during Page 6 ADOT File No.. IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I the school year, but before project construction begins, and will use the "Student Travel Tally Sheet" (available at www saferoutesinfo orq under 'Data Central') as the survey instrument,following its explicit instructions u ) At project completion (before the final reimbursement request is submitted) complete and submit the Project Close-Out Evaluation Form iii ) Twice annually, attached to a corresponding quarterly reimbursement request, submit a report, no more than one page in length, of the program's progress as identified in the Project application to the State SRTS Program Coordinator j 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 k Upon notification by the State of Project completion, agree to accept, maintain and assume full responsibility of the Project in writing Provide proper, on-going maintenance of the Project through the duration of the expected useful life of the materials as constructed in place I 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 This Agreement shall remain in force and effect from the date of execution, to also include final reimbursement and submittal of final status reports, provided however, that this Agreement, except any provision herein for maintenance, which shall be perpetual, unless assumed by another governmental agency, may be cancelled at any time prior to the award of a contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the City will be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that should the City terminate 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 State's participation is confined 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 solely 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 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 Page 7 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One. 15-0005177-I 3 The cost of scoping, design, construction and construction engineering work under this Agreement is to be covered by the federal 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 federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds Therefore, the City agrees to pay the difference between actual Project costs and the federal �`► funds received 4 Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds, fails to renew, or otherwise reduces apportionments or obligation authority, the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement 5 The cost of the Project under this Agreement includes applicable indirect costs approved by the Federal Highway Administration (FHWA) 6 The Parties 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 The City acknowledges compliance with federal laws and regulations and may be subject to the Office of Management and Budget (OMB), Single Audit, Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations) Entities that expend $500,000 00 or more (prior to 12/26/14) and $750,000 00 or more (on or after 12/26/14) of federal assistance (federal funds, federal grants, or federal awards) are required to comply by having an independent audit Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine (9) months of the sub recipient fiscal year end ADOT—FMS Attn Cost Accounting Administrator 206 S 171h Ave Mail Drop 204E Phoenix, AZ 85007 SingleAudit(a azdot.gov 8 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 9 This Agreement may be cancelled in accordance with Arizona Revised Statutes§ 38-511 10 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes §§ 35-214 and 35-215 shall apply to this Agreement 11 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" 12 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 Page 8 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I 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 13 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. 14. The Parties shall comply with the applicable requirements of Arizona Revised Statutes§ 41-4401 15 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 16 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 For Agreement Administration• Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn. Giao Pham 205 S 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix, Arizona 85007 Apache Junction, AZ 85119 (602) 712-7124 (480)4748513 (602) 712-3132 Fax gpham@ajcity net JPABranchazdot qov For Program Administration. Arizona Department of Transportation Safe Routes To School Program Coordinator 1615 W Jackson St EM 10 Phoenix, AZ 85007 For Financial Administration: Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn Donna Meinerts 205 S 17'h Avenue, Mail Drop 637E 300 E Superstition Blvd Phoenix, Arizona 85007 Apache Junction, AZ 85119 (602)712-7124 (480)474-5451 (602)712-3132 Fax JPABranch!@,azdot qov 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 THIS AMENDMENT NO.ONE shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 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 Imak. Ilk Page 9 ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I laws of this State to enter into this Amendment No One and that the Amendment No One is in proper form IN WITNESS WHEREOF, the Parties have executed this Amendment No One the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JOHN INSALACO STEVE BOSCHEN, P.E. Mayor ITD Division Director ATTEST By KATHY CONNELLY Clerk .r ADOT File No IGA/JPA 11-210-I CAR No 13-0000860-I Amendment No One 15-0005177-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Amendment No One to the Original 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 Amendment No One 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 Amendment No. One DATED this day of , 2015 ROLL CALL VOTE NOTES C 1‘ 5� ITEM # MEETING OF At. ./v.) MOTION BY: SECONDED BY: hi"tik) / YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON LI COUNCILMEMBER WILSON V COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI ✓ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO 15-18, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AMENDMENT NO ONE TO THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE USE OF A SAFE ROUTE TO SCHOOL INFRASTRUCTURE GRANT, (BE APPROVED) OR(BE DENIED). City of Apache Junction, Arizona 300E Superstition !p \, •BoBoulevard vllz' Agenda Item Cover Sheet Apache Junction AZ 85119 P7 ( Agenda Item No.10. 2 i4* File ID: 15-97 Sponsor. Thomas Kelly Agenda Date. 5/5/2015 Index. In Control. City Council Meeting Council direction to staff to draft ordinance and resolution for modification to the animal control regulations previously discussed on April 6, 2015 Attachments. City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 Office of the Division of Administrative & Support Services Commander April 6, 2015 SUBJECT Chapter 6 Revisions TO Honorable Mayor and Members_�f the City Council THROUGH Thomas Kelly, Chief of Pol �) r FROM, Captain Arnold Freemt A primary staff duty is to review and make recommendations for updates to policies and ordinances that affect our citizens, as well as affect our ability to deliver accurate and complete services to our customers. Over the past several months, we have experienced lapses in our ability to accurately enforce the provisions of AJ City Code Chapter 6, based on outdated verbiage A meeting with staff charged with enforcing Chapter 6 and the City Attorney's office has resulted in identifying and clarifying those issues Staff recommends the changes as documented in the attached in order to more effectively enforce Chapter 6 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: April 6, 2015 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT• APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 6 REVISIONS; OUR FILE NO. 15-004 Attached is a draft of recommended modifications to the City's animal code. There are numerous clerical alterations as well as new language. The more significant changes are: • § 6-1-1 Definitions• "consecutive business days" was edited to accurately reflect Monday through Friday, which are traditional days the public perceives as "open for business" days; "cruel mistreatment" and "cruel neglect" were reviewed and modified to the extent they conflicted with state law under A.R.S. § 13-2910. Other notable new or amended definitions include• "abandonment", "containment", "medical attention", "owner", "protracted suffering", "public nuisance", "responsible person" and "shelter". • § 6-1-7(K): Commercial Kennels: language was added to allow random inspections to be ordered without notice to the kennel owner. • There is no special application fee for a wild animal permit referenced in § 6- 1-10(B) as listed in § 4-3-1; modifications were subsequently made in the wild animal section. • § 6-3-2(C): Rabies Vaccination Required: fees, costs, care and maintenance language was added. • § 6-5-2: Impoundment of Animals in Vehicles: language was added to ensure owner pays all license, vaccination, and impound fines and provide proof of payment of court fines, before the animal is released. • § 6-7-1(A). Potbellied Pigs: regarding license renewal and/or delinquency, because the fees under § 4-3-1 do not address delinquent renewal fees for potbellied pigs, the language was removed. • § 6-8-1 : Keeping of Swine: The correct zoning code section was added. • § 6-9-2: Criminal Filings and Penalties: Language was added to address prior and successive civil judgments to ensure the judiciary assesses the mandatory amounts depending on the number of violations and frequency. This matter will be discussed at the April 6, 2015 City Council work session and at the April 21, 2015 public hearing. In order to avoid publication costs, the substantive law should be adopted by reference with the actual provisions being declared a public record on file with the City Clerk's office. R. Joel Stern City Attorney Attachment 2 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: May 5, 2015 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT. APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 6 REVISIONS; OUR FILE NO. 15-004 This matter was originally discussed at the April 6, 2015 City Council work session. At that time, the Mayor and City Council requested various changes to the draft. Those changes, in addition to some minor clerical alterations, as well as several comments from some councilmembers and police department staff after the meeting, are included in the attached draft highlighted in blue The more significant new changes are as follows: • § 6-1-1 Definitions: "food" was edited to include the language "appropriate to the species"; "medical attention" was edited to include the language "appropriate to the species" as well as "knowledge, skills"; "public nuisance" was changed to provide the enforcement officer discretion to consider multiple factors when evaluating whether there is a public nuisance including distance from the offending property, number of complaining witnesses and duration of the conditions among others; "shelter" was expanded to include language regarding "free choice of the animal"; "vicious animal" was changed to reflect "petition for declaration of viciousness" instead of "vicious petition"; "water" now includes language regarding acceptable temperature; "wild, dangerous or undomesticated animal" "poisonous" was changed to "venomous" in order to reflect more technically accurate terminology. • § 6-1-3: NOISES: language was added to expand an enforcement officers discretion regarding consideration of multiple factors when investigation public nuisance complaints. • § 6-2-6: UNCLAIMED IMPOUNDED ANIMALS. language was added to include rescue organizations as well as to provide for the safety of the public and city employees. • § 6-6-2: SANITARY REGULATIONS: language was added to allow proper composting of manure as a means of dust control. C34--* R. Joel Stern City Attorney Yellow highlights and red language— previous edits DRAFT Blue highlights and blue language- 5-5-1 5 new edits from council discussions CHAPTER 6: ANIMALS Article 6-1 Rules and Regulations 6-2 Impounding Generally /'N 6-3 Dogs 6-4 Contractual Agreement 6-5. Confined Animals 6-6. Keeping of Animals 6-7. Potbellied Pigs 6-8. Keeping of Swine for Special Projects 6-9 Violations ARTICLE 6-1. Rules and Regulations Section 6-1-1 Definitions 6-1-2 Dangerous animals 6-1-3 Noises 6-1-4 Strays, housing 6-1-5 Swine prohibited 6-1-6 Pet shops 6-1-7 Commercial dog kennels 6-1-8 Personal dog kennels 6-1-9 Vetennary hospitals 6-1-1 0 Wild animals 6-1-11 Cruelty and neglect § 6-1-1 DEFINITIONS For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Abandonment. To desert, forsake, or give up an animal without having secured another owner or custodian for the animal, or by failing to provide the elements of basic care (food, water and shelter). A J.C.C. Apache Junction City Code Altered A spayed female or a neutered male animal Animal Any mammal of a species that is susceptible to rabies, except humans and livestock At Large. In any street, alley, public park, private or public school property or other public place or on other private property without being attended by the owner or secured by physical restraint such as a leash, chain, or rope, or is otherwise not confined in a secured enclosure Cat A member of the Fells catus family Collar A band, chain, harness or suitable device worn around the neck of an animal to which a license may be affixed Commercial Kennel Any establishment exclusive of one providing dental, medical or surgical care oar-quarantinewhich maintains any dogs over 3- 4 months of age for trade, business, profit or gain. Consecutive Business Hours Days Monday through Friday are considered business days, business days do not include Saturdays, Sundays or city holidays even if the animal control division is open during these days Contamination Anything that is harmful to animals or livestock that could lead to illness or death Cruel Mistreatment. To torture or otherwise inflict unnecessary serious physical injury upon an animal or to kill an animal in a manner that causes suffering to such animal. Cruel Neglect. To fail to provide an animal with food, water or shelter or medical treatment required to maintain health Dog A member of the Canis familiaris family over the age of 3 months. Educational Institution Any public or private elementary or secondary school, or secondary technical or vocational school Enforcement Officer Any certified peace officer, or any City of Apache Junction animal control officer Any person delegated by the City Manager or his or her designee who ,s respo sible for the enforcement of this chapter and the regulations promulgated thereunder Equine Horses, mules, burros and asses Fee Amounts enumerated in A J C C , Vol. I, § 4-7. Food A substance of sufficient quantity and nutritive value to maintain each animal in good health, provided at suitable intervals but at least once daily or as otherwise prescribed by a licensed veterinarian, appropriate to the species. Fowl A bird of any kind, domesticated or wild, including poultry. Household All individuals who share the same residence,whether related or unrelated 2 Arai. Impound The act of taking or receiving into custody by the Enforcement Officer any animal for the purpose of confinement in an authonzed impound facility in accordance with the provisions of this article Impound Facility Any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the Enforcement Officer in the performance of his or her official duties. Intentionally With respect to a result or to the conduct described by a statute defining an offense where a person's objective is to cause that result or to engage in that conduct. Kennel An enclosed controlled area inaccessible to other animals, in which a person keeps, harbors or maintains dogs under controlled conditions Knowingly With respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the persen(s) _conduct is of that nature or that the circumstance exists, it does not require any knowledge of the unlawfulness of the act or omission Livestock Bovine, equine, sheep, goats, swine, llamas and ratite Manager A person duly authorized by the owner to conduct business,act as an agent or otherwise carry out the legal rights and duties of the owner Manure. Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl excreta with or without litter. Medical Attention Recommended procedures used to treat a particular disease, injury, infestation or ailment which an animal may have in order to heal, alleviate, or lessen the effects of such condition, or to prevent the animal from pain and suffering; treatment may be administered by either a licensed vetennanan appropriate to theciesJor the person who has custod or control of such animal depending on the severity of the condition and the ��abilrty of the person to provide the proper treatment. Owner. Any person exercising care, custody or control over the age of 18 unless legally of any animal for more than six consecutive calendar days or claiming any legal interest in such animal, indicators of ownership also include any license, permit, certificate, registration or other documentation which establishes a legal interest in such animal. Person Any individual, corporation, partnership, association or other legal entity Pet Shops. Any commercial establishment at which animals,fowl or cold blooded species are kept for sale, groomed or treated for vermin. Potbellied Pig Only registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs Protracted Suffering Allowing an animal to continue suffenng a painful condition Public Nuisance. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons; when investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to• distances in which the 3 complaining parties live from the offensive premises, number of complaining witnesses, number of complaimng parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior l story of umgaLcomplain _ mmLncatic beLwee�?i1�? cc .nlainai1.ts a offe idui l Public Safety Director The person appointed by the city manager pursuant to A.J.C.0 , Vol I, Article 3-6 as the department head of the public safety department of the city or his or her appointed designee Rabies Quarantine Area Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area. Recklessly With respect to a result or to a circumstance described by a statute defining an offense, which a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists, the risk must be of such nature and degree that disregard of such constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation, a person who creates such a risk but who is aware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk. Registered As it pertains to Vol. I, Article 6 7,-meals r-egistiation by the North American Responsible Person. Any person over the age of 1-8 unless legally emancipated currently delegated by the owner to exercise care,fef , sueh-persen-whe-tempefaftly--has-the-ability-te custody or control sueh of an animal for more than six consecutive calendar days due to the owner's absence Shelter. A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed rocated within an al-nags enclosure, in order to allow the animal free choice to*Aug such macaw. Swine or Pigs Only those pigs kept, maintained or harbored for a limited period of time m conjunction with 4-H, Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution Unsanitary Premises Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person. Vaccination The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona. Veterinarian Any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency Veterinary Hospital. Any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment, a Veterinary Hospital may have adjacent to it or in conjunction with it or as an integral part of it,pens, stalls, cages or kennels for quarantine, observation or boarding Vicious Animal Any animal of the carnivore order that has a propensity to attack,to cause injury to or otherwise endanger the safety of human beings or other domesticated or companion animal 4 without provocation, or that has been so declared after a hearing before a justice of the peace, city magistrate, or supenor court judge. Proof of provocation of any animal attacked by the person injured shall be a defense to any action for damages or vicious petition for declaration of Irovocation shall be measured by whether a reasonable person would expect that the conduct or circumstances would likely encourage an animal to attack. This definition does not apply to dogs utilized by law enforcement officers. Water. A transparent,odorless,and tasteless liquid compound of hydrogen and oxygen,of in sufficient volume as needed to maintain normal hydration for an animal. Wild, Dangerous or Undomesticated Animal (1) That which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property dams a Exce t as s ecificall listed below,fish in an aquarium are not included in this definition. (2) Such animals include, but are not limited to the following (a) All poisonous-animals including rear-fang snakes, (b) Bears (Ursidae_Ispp I; (c) Bison(Bison spp); (d) Cheetahs (Acinonyx jubatus); (e) Constrictor snakes, 6 feet in length or more, (f) Coyotes (Canis latrans), (g) Crocodilians (Crocodiha spp), 30 inches in length or more; (h) Deer(Cervidae spp)• includes all members of the deer family,for example,white-tailed deer, elk, antelope and moose; (i) Elephants (Elephas spp. and Loxodonta spp.), (j) Game cocks and other fighting birds; (k) Hippopotami (Hippopotamzdae spp), (1) Hyenas (Hyaenidae spp), (m) Jaguars (Panthera onca), (n) Leopards (Panthera pardus); (o) Lions (Panthera leo), (p) Lynxes (Lynx spp); (q) Non-human primates including prosimians, monkeys and apes, (r) Piranha fish(Characidae spp); 5 0111 (s) Pumas (Fells concolor); also known as cougars, mountain lions and panthers; (t) Rhinoceroses (Rhmocero tickle); (u) Sharks (class Chondrichthyes), (v) Snow leopards (Panthera uncia), (w) Tigers (Panthera tigrts), (x) Wolves (Cams lupus) § 6-1-2 DANGEROUS ANIMALS (A) It is unlawful to permit any dangerous,II vicious animal of any kind to run at large within the city Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon secunng a permit from the of public safety director (B) Only peace officers or enforcement officers are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property (C) It is unlawful to own, harbor or maintain any animals of the wolf hybrid species,save-and except those animals which are licensed and registered with the animal control division as of January 30, 1995 Except for renewals,no wolf hybrid shall be allowed to be licensed after January 30, 1995 Any license issued for a wolf hybnd shall not be allowed to transfer to a new owner § 6-1-3 NOISES It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals which habitually bark,howl,yelp,squeal,shriek or make any other sounds which disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons. When investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to: distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and cgications between the gmliplainants and offending party. § 6-1-4 STRAYS, HOUSING Any person who keeps or causes to be kept any horses,mules,cattle,burros,goats, sheep,or other livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roaming at large. within the torpor te '.m.ts ofthe ty. Any such livestock or poultry running at large shall be impounded as provided in this chapter. It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome. § 6-1-5 SWINE PROHIBITED It is unlawful to keep any live swine or pigs within the corporate limits of the city except as provided by A J C C ,Vol I,Article 6-7,and registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs. Any miniature pigs shall be subject to all other conditions and requirements as set forth in A.J.C.C., Vol. I, Article 6-7. 6 § 6-1-6 PET SHOPS (A) No sick or injured animal shall be maintained or held or offered for sale on the premises of pet shops. (B) Animals which are unweaned, under the age of 8 weeks, or so young that their sale would be injurious to them, shall not be sold, offered for sale nor given away (C) Every person maintaining a pet shop shall cause a notice to be framed and enclosed under glass, and to be posted in such a location as to be legible at all times from the outside containing. /1 the name, address and telephone numbers of persons to be notified in case of emergency at any time who will, at the request of any enforcement officer or other designated authority, respond to the location to assist in any emergency or other situation in which such person's presence is indispensable. (D) Dogs and cats kept in pet shops shall be caged so that each animal is afforded no less than 20 square feet in area per each dog or cat Each dog or cat over 3 months of age shall be kept in individual cages. and at no time shall there be commingling of animals belonging to different owners- (E) Premises where animals and birds are kept shall be ventilated to the external air and adequately lighted to provide visibility The premises shall be properly plumbed and have septic tanks or sewer connected sinks and shall have adequate supply of water readily accessible to the portions of the premises in which the animals or birds are kept Cages shall be constructed and designed so that their parts are easily cleaned. Floors shall be concrete, tile or similar non-porous material. (F) The premises, implements, cages, yards, runs and appurtenances shall be kept clean, sanitary, free of animal and bird parasites, and droppings or other health hazards and shall be cleaned and disinfected at least once daily Flies shall be controlled (G) No portion of a pet shop shall be used for human habitation, nor shall food for human consumption be prepared or served in the same room in which animals or birds are kept § 6-1-7 COMMERCIAL DOG KENNELS /111 (A) Any person who owns, maintains or harbors any dogs over 3 months of age for trade, business,profit or gain must obtain a commercial dog kennel permit (B) The commercial dog kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit and shall be delinquent A renewal is required within 30 calendar days from the date of expiration, otherwise the matter will be considered delinquent, and a late fee, as established in A.J.C.C.,Vol. I,Article 4-3,shall be charged. Each subsequent permit that is issued will be valid for 1 year and will expire on the respective anniversary date The fee is established m A.J.C.C.,Vol. I,Article 4-3. A late fee, as established in Vol I, Article 4 3, shall be charged on all delinquent commercial dog kennel permits. No commercial dog kennel permit fee shall be prorated or refunded nor shall the permit be transferable (C) All zoning requirements established by the city for commercial business shall be met before a commercial kennel permit can be issued. The owner/manager of any commercial dog kennel shall obtain and have on display a valid city business license as required by A.J.C.C., Vol. I, Chapter 8, Business, Article 8-1, General Business and Licensing Provisions. 7 (D) It shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the date of establishing a kennel in the city The kennel fee shall be paid to the ammal control division of the police department (E) The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition (F) The permittee shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog This register must be exhibited to any enforcement officer upon demand The permittee shall also have on file proof of rabies vaccination /11 for each dog housed on the premises (G) The permittee shall retain the name and address of each person selling, trading or giving any dog to the kennel. (H) The permittee shall provide an isolation ward for sick or injured dogs, so as not to endanger the health of other dogs or cause exposure to further injury. (I) The permittee shall notify the owner of a boarded dog when such dog refuses to eat or dnnk, or when such dog is injured or becomes weak or ill. (J) Any violations of this chapter and Vol. I,Chapter 8,shall be cause to revoke any commercial dog kennel permit The permit may be revoked by the Director of the public safety director after notice and hearing. The notice,heanng and appeal procedures shall be handled in the same manner as similar provisions set forth in Vol. I, § 8 2 10, except that for matters involving this chapter, the animal control-division shall assume the duties that the city clerk is responsible for in Vol. I, § 8 2 10 set forth below in §6-1-7 (L) (K) The ammal control division shall, within 30 calendar days before the annual renewal date for the commercial kennel permit, inspect the premises to confirm compliance with provisions of this chapter In no event shall a renewal be issued unless the inspection is made and all non- compliant matters are corrected before the annual renewal date. The public safety director may cause random inspections anytime rt is deemed necessary from 8.00 a m. - 5.00 p.m., Monday through Friday without notice to the kennel propnetor. (L) Notice, hearing and appeal procedure. (1) To suspend or revoke a license, the animal control division shall deliver or mail by certified mail to the business address as shown by the license application,a written notice that such license is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice The notice shall also contain the licensee's rights and procedures to appeal such suspension or revocation A suspended or revoked license shall be surrendered to the animal control division on demand (2) The animal control division shall grant on demand to any licensee whose license has been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section (3) below, shall not be had pnor to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing,the animal control division shall make a decision to 8 uphold or repeal the license suspension or revocation; and shall deliver or mail by certified mail to the business address as shown on the license application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on �. revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any license after denial,revocation or non-renewal of such license unless the cause for such denial,revocation or non-renewal has been removed or corrected § 6-1-8 PERSONAL DOG KENNELS (A) Personal dog kennel permits. (1) Class 1 permit A Class 1 permit for a personal dog kennel shall be required for any person who owns, maintains or harbors from 4 to 5 dogs over 3 months of age (2) Class 2 permit. A Class 2 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 6 to 8 dogs over 3 months of age. (3) Any person who owns,maintains or harbors 3 or less dogs over 3 months of age is are not required to obtain a personal dog kennel permit (4) The provisions of Code of Federal Regulations, Title 9, Volume I, § 3.6, relating to animal floor space, shall be considered when granting the above-noted permits (5) The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions. (a) The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog. (b) This statement shall contain the name, address, and phone number of the individual or organization who provided the dog to the boarder. (c) No more than 2 dogs will be permitted under this emergency exception (d) The boarder will provide the animal control division with the final disposition of the animal within the 30-calendar day period for each dog noted on the original statement, as well as the name and contact information of the adopting party.Extensions of the 30-day time limit may be permitted at the discretion of the animal control division, but in no event shall such extension exceed 6 months per animal. (e) The goal of this emergency exception is to protect the animals that are in foster care rather than to punish law abiding pet owners. (6) Any service animal maintained and trained in accordance with a recognized 501(c) organization is not to be counted toward the maximum allowed dogs under this section. 9 (B) Each personal dog kennel permit shall be valid for 12 consecutive months and expire on the first anniversary of the permit and shall become delinquent 30 calendar days from the date of expiration Each subsequent permit issued will be valid for a 1-year penod and expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. I, Article 4-3 A late fee shall be charged on all delinquent personal dog kennel permits, as established by A.J.C.C., Vol I, Article 4-3. No personal dog kennel permit shall be prorated or refunded nor shall the permit be transferable. (C) All dogs covered by a personal dog kennel permit shall be vaccinated, licensed and spayed or neutered A dog owner may apply for a waiver of the spay or neuter requirement as long as they eIN obtain a veterinarian's written opinion that such surgery would endanger the safety of the dog, or a certification from a veterinarian determining that the other dogs owned by the owner or those maintained or harbored at the same address are spayed and/or neutered At the discretion of the animal control division and upon documented proof, the spaying and neutering requirement shall not apply to AKC American Kennel Club or CKC Canadian Kennel Club dogs (D) At no time shall dogs covered under this section be used for trade, business,profit or gain. There shall be no boarding or breeding of dogs covered by this permit All dogs shall be the exclusive property of the permittee (E) Thepermittee shall operate thepersonal dogkennel so as to eliminate excessive or untimel p noise from animals and offensive odors from the kennel The kennel and grounds shall be El maintained in a sanitary condition. The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs Sufficient height and strength will be determined by an enforcement officer based on the size of the dog being confined. (F) Any violations of this chapter and A J.C.C., Vol I, Chapter 8 shall be cause to revoke any commercial dog kennel permit. The permit may be revoked by the Director of the Department of public safety department director after notice and hearing The notice, hearing and appeal procedures shall be handled in the same manner as similar provisions set forth in Vol. I, § 8 2 10, except that for matters involving this chapter, the animal control division shall assume the duties that the city clerk is responsible for in Vol I, § 8 2 10 set forth below in §6-1-8 (G) (G) Notice, hearing and appeal procedure. odN (1) To suspend or revoke a license, the animal control division shall deliver or mail by certified mail to the business address as shown by the license application,a written notice that such license is suspended or revoked. The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the licensee's rights and procedures to appeal such suspension or revocation A suspended or revoked license shall be surrendered to the animal control division on demand. (2) The animal control division shall grant on demand to any licensee whose license has been revoked or suspended a full hearing on the ments of such suspension or revocation Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section (3) below, shall not be had prior to the hearing. Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver After considering evidence presented at the hearing,the animal control division shall make a decision to uphold or repeal the license suspension or revocation, and shall deliver or mail by certified mail to the business address as shown on the license application the results of the decision 10 (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any license after denial,revocation or non-renewal of such license unless the cause for such demal,revocation or non-renewal has been removed or corrected (H) (G) Any dogs over the allotted number allowed will either be surrendered to the animal control division or to new homes found by the owner within a 36-hour period after the discovery of the excess number of dogs by enforcement officers The holder of a personal kennel permit shall not be bound by the same requirements governing a commercial dog kennel permit (I) (14) The animal control division shall, within 30 calendar days before the annual renewal date for the personal kennel permit, inspect the premises to confirm compliance with provisions of this chapter In no event shall a renewal be issued unless the inspection is made and all non- compliant matters are corrected before the annual renewal date § 6-1-9 VETERINARY HOSPITALS (A) The provisions of A J C C , Vol I, § 6-1-6 Pet Shops, subsections (C) through (G) shall apply to veterinary hospitals, as defined in A J C C , Vol I, § 6-1-1 In addition, caged areas shall contain no less than 20 square feet per any dog or cat boarded. (B) Veterinary hospitals and clinics shall keep records for each ammal or bird treated, including an accurate description of the animal or bird,the treatment given, including diagnosis, if possible, vaccinations and dates of admission and discharge. Such records shall be made available for inspection by an enforcement officer § 6-1-10 WILD ANIMALS /11\ (A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A J C C , Vol I, § 6-1-1, within the city limits (B) The provisions of this section shall not apply to any keeping of such wild animals in a bona fide licensed veterinary hospital for treatment, bona fide educational institution, circus, zoo or other event for education or entertainment which has obtained a special permit from the animal control division The special permit fee, as established in A J C C , Vol I, Article 4 3, shall be , , refunded nor shall the permit be transferable. The animal control division shall issue a special permit if it determines. (1) That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others. 11 (2) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public (3) That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement (4) That the keeping of such animal does not constitute a nuisance,as defined in A J C C , Vol I, § 6-1-3,pertaining to noisy animals, and is in compliance with all city zoning and business licensing and regulations (5) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (6) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition. (7) That the applicant for such special permit prove their ability to respond in damages to and including the amount of$1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury to or death of any person or persons or for damage to properly owned by any other person which may result from the ownership, keeping or maintenance or such animal Proof of liability to respond in damages may be given by filing with the city attorney a certificate of insurance stating that the applicant is,at the time of application,and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the city attorney a surety bond conditioned upon the payment of such damages during the period of such special permit. The certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless 30 calendar days'written notice is first given to the city attorney. The applicant shall also cause such certificate of insurance to state the "City of Apache Junction" as an additional insured party, a copy of which must be sent to the office of the city attorney at least 60 days prior to such special event (8) Any violation of this chapter shall be cause to revoke the special permit The permit may be revoked by the Director of the Department of public safety department director after notice and hearing. The notice,and hearing and appeal procedures shall be governed by the provisions of Vol. I, Chapter 8 set forth below in §6-1-10 (C). (C) Notice,hearing and appeal procedure. (1) To suspend or revoke a license, the animal control division shall deliver or mail by certified mail to the business address as shown by the license application,a written notice that such license is suspended or revoked. The reason for such suspension or revocation shall be set forth m the notice. The notice shall also contain the licensee's rights and procedures to appeal such suspension or revocation A suspended or revoked license shall be surrendered to the ammal control division on demand. (2) The animal control division shall grant on demand to any licensee whose license has been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section (3) below, shall not be had prior to the hearing. Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver After considering evidence presented at the hearing,the animal control division shall make a decision to 12 Adok Aft. uphold or repeal the license suspension or revocation; and shall deliver or mail by certified mail to the business address as shown on the license application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a wntten statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on ,,. revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any license after denial,revocation or non-renewal of such license unless the cause for such denial,revocation or non-renewal has been removed or corrected. § 6-1-11 CRUELTY AND NEGLECT (A) Cruelty It is unlawful for any person to overdrive, overload, overwork, torture, torment, cruelly beat, mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdriven,overloaded,driven when overloaded,overworked,tortured,tormented, cruelly beaten, mutilated, or killed and whomever, having charge or custody of an animal as owner or otherwise, inflict unnecessary cruelty upon it, cruelly drive or work it when unfit for labor, cruelly abandon it,or knowingly and willfully authorize or permit it to be subjected to torture, suffenng or cruelty of any kind (B) Neglect The purpose of this division is to guarantee that Animals under human custody or control are shall be housed in healthy environments and are shall be provided with proper food, water, shelter,medical care and ventilation Any person owning or having care, custody or control of any animal shall provide that. (1) The animal receives on a dail basis, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good condition death- (2) Potable water is accessible to the animal at all times, either free flowing or in a clean receptacle (3) Except for livestock, all animals shall have convenient access to natural or artificial shelter throughout the year Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements,and of sufficient size to permit the animal to enter, stand, turn around and he down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation shall does not comply with this section Any shelter, all bedding and any spaces accessible to the animal, shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites. (4) The animal shall receive care and medical attention treatment for debilitating injuries, parasites,and diseases, sufficient to maintain the animal in good health and minimize the suffering or is humanely euthanized to prevent protracted suffering and pain to the animal 13 (5) If the animal is on a tie out,consisting of a chain,leash,wire,cable or similar restraint, it shall be so located as to keep the animal exclusively on the secured premises Tie outs shall be so located that the animal cannot become entangled with other objects Collars used to attach an animal to a tie out shall not be of a choke type. The tie out shall not weigh more than 1/8 of the animal's total body weight and shall not be shorter than 3 times the length of animal, measuring from the tip of the nose to the end of the tail. (C) Abandonment. It is unlawful for a person to drop off or leave an animal on a street, road, highway, in a public place or on private property for more than 24 hours without food, water or shelter. (D) Violations Any violation of divisions (A), (B) or(C) shall be a class 1 misdemeanor Article 6-2. Impounding Generally Section 6-2-1 Scope of article 6-2 --- Enforcement Officer 6-2-2 Impounding of ammals at large 6-2-3 Notice to owners of impoundment 6-2-4 Conditions and duration of impoundment 6-2-5 Redemption of impounded animals 6-2-6 Unclaimed impounded ammals 6 2 8 Impounding fees 6-2-7 Impeding Enforcement Officer 6-2-8 Biting animals; quarantine § 6-2-1 SCOPE OF ARTICLE The provisions of this article shall apply to the impoundment of all animals 0-2-2—ENFORCEMENT OFFICER The Council may contract for Clifer-CCIftelit of the provisions of this chaptcr or the Director of the enforcement of the provisions of this chapter. § 6-2-2 IMPOUNDING OF ANIMALS AT LARGE It shall be the duty of the enforcement officer to impound all animals found at large, or not under the charge, care or control of some person in the street, alleys or other public places, or on vacant or unenclosed lots in the city. The enforcement officer shall have the right to enter upon private property when it becomes necessary to do so in order to apprehend any animal that has been fUliftifig roaming at large Such entrance upon private property shall be in reasonable pursuit of 14 such ammal(s) and shall not include entry into a domicile unless it is at the invitation of the occupant or by way of search warrant or exigent circumstances exist justifying a warrantless entry § 6-2-3 NOTICE TO OWNERS OF IMPOUNDMENT If the owner of any impounded animal shall be known to the enforcement officer and shall reside or have a known place of business in the city, the enforcement officer shall notify the owner of such animal personally, or by door-hanger notice, or by letter through the post office within 24 hours after such animal has been impounded The notice shall contain a description of the animal and shall state that unless reclaimed,such animal will be adopted out or destroyed after such animal is left unclaimed for 72 3 consecutive busmess days hems as set forth under A J C C Vol I, § 6 2-7. If the owner of any impounded animal is not known to the enforcement officer or does not reside or have a known place of business in the city, then no notice needs to be sent. If an animal is suspected to be abandoned, the enforcement officer will leave a 24-hour notice at the location where the animal is last observed,advising any interested person should contact the animal control division or the animal will be removed from the property after such time , § 6-2-4 CONDITIONS AND DURATION OF IMPOUNDMENT The enforcement officer shall keep all captured and impounded animals in a safe, convenient and comfortable place and shall feed such animals twice every 24 hours as necessary and treat them in a humane manner during the time they are impounded The duration of impoundment shall not be less than 3 days or 72 consecutive business days hours, unless sooner claimed by the owner § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS If the owner of any animal shall, within 7-2 3 consecutive business days hours after such animal has been captured and impounded, apply to the enforcement officer and pay the fees and charges authorized under this chapter, as well as make current all licensing and vaccination requirements and fees,the animal control division must make the animal available for return to the owner at the animal control division office the enforcement officer shall deliver any such animal to the owner § 6-2-6 UNCLAIMED IMPOUNDED ANIMALS If a dog or cat is not reclaimed within the impound period noted in Section 6-2-3 above,the animal control division may place such animal up for sale, adoption, or may dispose of the animal in a humane manner. , provisions of this chapter. The enforcement officer animal control division may destroy impounded, sick or injured animals whenever such destruction is necessary, at an time to revent such an animal from sufferin ,Of to prevent the spread of disease, 15 riN § 6 2 7 IMPOUNDING FEES fees f r co o f eding ., established i,, vol T A rticle A 3 § 6-2-7 IMPEDING ENFORCEMENT OFFICER It is unlawful for any person to, in any manner. a)provide false or incomplete information as to an enforcement officer concerning the whereabouts, ownership, license status, or current rabies vaccination of any animal; b) interfere, intervene, impede, prevent, obstruct, intimidate an enforcement officer in the discharge of his or her duties in captunng or attempting to capture and impound any and all ammals which it shall be his or her duty to impound under the provisions of this chapter; or c) whe-shall rescue or attempt to rescue any animal so captured or to release any animal so impounded. § 6-2-8 BITING ANIMALS, QUARANTINE Whenever any animal bites a person, the person so bitten and the owner of the animal shall immediately notify the enforcement officer,who shall quarantine the animal,order the animal held on the owner's premises if the animal meets the home quarantine guidelines, and is current on rabies vaccinations and on licensing, or shall have it impounded for at least 10 calendar days or a longer period if necessary for a complete examination If it is determined that the animal is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such animal in a humane manner If the animal is surrendered by the owner to the animal control division and the animal is acting aggressively or unpredictably, the animal will be humanely euthanized and its head will be forwarded to the State Arizona Department of Health Services for rabies testing. If the animal dies during the period of quarantine or impoundment, its head shall be forwarded to the State Arizona Department of Health Services for examination It is unlawful for a person either to refuse surrender of the animal for quarantine or fail to abide by the home-quarantine provisions of this section. If at the end of the quarantine period, the animal is determined to not be infected with rabies or other dangerous, contagious or infectious diseases, the animal shall be released to its owner Article 6-3• Dogs Section 6-3-1 Licenses and tags generally 6-3-2 Rabies vaccination required 6-3-3 Running at large 6-3-4 Impoundment 6-3-5 Hearing on disposition of abused and vicious animals 6-3-6 Vicious dogs 6-3-7 Owner liability 16 6-3-8 Dogs killing animals, livestock or fowl 6-3-9 Dog fecal matter § 6-3-1 LICENSES AND TAGS GENERALLY (A) License fees, as established in A J C C , Vol I, Article 4-3, shall be paid for each dog 3 months of age and older that is kept, possessed, harbored or maintained within the boundaries of the city for at least 30 days of each calendar year. The amount of fees may differentiate between sterilized and unsterilized dogs (B) Durable dog tags shall be provided by the city Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city,the number of the license and the year of issue All dog tags shall expire 1 year from the date of issuance The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise provided in this article Whenever a dog tag is lost, a duplicate shall be issued upon application by the owner and a replacement fee, as established in A J C C ,Vol. I, Article 4-3, shall be charged. (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a license tag upon a dog unless the tag was issued to that dog § 6-3-2 RABIES VACCINATION REQUIRED (A) Before a license is issued for any dog,the owner must present a rabies vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and senal number of the vaccine and date re- vaccination is due A duplicate of each rabies vaccination certificate issued shall be transmitted to the enforcement officer on or before the tenth day of the month following the month during which the dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article (B) A dog vaccinated in any other place prior to entry into the city may be licensed in the city provided that at the time of licensing, the owner of such dog presents a vaccination certificate, ^ signed by a veterinarian licensed to practice in that place or a veterinarian employed by a governmental agency in that place, stating the owner's name and address and giving the dog's descnption,date of vaccination and type,manufacturer and serial number of the vaccine used. The vaccination must be in conformity with the provisions of this article —(D) (C) If a dog is impounded and found to be unvaccinated, the enforcement officer will is cause such dog to be vaccinated at the pound at a cost to be borne by the owner. The vaccination shall be performed by animal control personnel or other qualified personnel animal control personnel have delegated such duty to, II who shall then issue a certificate of vaccination The vaccinated animal shall not be released until such time as all vaccination, care and impound fees are paid in full 17 es ems § 6-3-3 RUNNING AT LARGE (A) No person owning,keeping,possessing,harboring or maintaining any dog shall allow such dog to be at large as defined in A.J.C.C., Vol I, § 6-1-1 However, notwithstanding such limitations, a dog is deemed to be not at large under the following circumstances- (1) While such dog is restrained by a leash, chain,rope or cord of not more than 6 feet in length and of sufficient strength to control action of the dog (2) While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission. (3) While the dog is actively engaged in dog obedience training, accompanied by and under the control of the owner or trainer, provided that the person training the dog has in their possession a dog leash of not more than 6 feet in length and of sufficient strength to control the dog, and further, the dog is actually enrolled in or has graduated from a dog obedience training school which has been approved by the an enforcement officer (B) The enforcement officer shall apprehend and/or impound any dog running at large The enforcement officer will shall have the right to enter private property to apprehend any dog that has been running at large Such entry shall be in a reasonable pursuit and shall not include entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner § 6-3-4 IMPOUNDMENT (A) If a dog is impounded for any reason and is not already microchipped, the animal control division is hereby authorized to cause such dog to be microchipped at a cost to be borne by the owner. The microchipping shall be performed by animal control division personnel or other qualified personnel which have been delegated such duty. (B) Impoundment fees together with fees for care and feeding, as established in Vol I, Article 4-3, shall be assessed for the impoundment of dogs. § 6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS A peace officer, city An enforcement officer or other officer wh„ has responsibility for afii al who has impounded an animal pursuant to this article on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request, through the city attorney's office, a disposition hearing before the city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in A R S § 13-2910 or is vicious as defined in A J C C , Vol I, § 6-1-1 The court shall schedule the hearing within 15 business days after the request has been filed. The animal will be held by the animal control division or its designee until the matter has been fully adjudicated by the municipal court, and all appellate time periods have expired § 6-3-6 VICIOUS DOGS It is unlawful for any person to keep, harbor, allow to run at-large, or otherwise have under his or her control any vicious dog or direct or control of any vicious dog This section shall not apply to zoos, wild animal parks or animal shelters. Vicious dogs may be impounded if they are found at large and may be kept impounded until there is a final disposition of any criminal complaint or 18 payment in full of all civil sanctions imposed arising from the alleged violation of this section, provided that the criminal or civil complaint is filed within 30 days of the alleged violation date Also, in the judgment of the enforcement officer, any dog at large that is dangerous, or vicious,er fieree and poses an immediate threat to human safety that cannot be safely impounded, may be immediately disposed of in a humane manner § 6-3-7 OWNER LIABILITY (A) Injury to any person or animal or damage to any property, by an animal while at large or under the owner's control,shall be the full responsibility of the animal owner or person responsible for the animal when such damages were inflicted (B) The owner of an animal which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the animal, is liable for damages suffered by the person bitten, regardless of the former viciousness of the animal or the owner's previous knowledge of its viciousness § 6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL (A) If any person discovers a dog killing, wounding or chasing animals, livestock or fowl or livestock or fowl, he or she may pursue, capture and surrender it to the Animal Control Division. (B) The owner of a dog is liable for damages caused by the killing, wounding or chasing animals, livestock or fowl. The provisions of A.R.S. § 3-1311 govern situations where dogs kill, wound or chase livestock, except that the same provisions also apply where dogs kill, wound or chase any animal or fowl. § 6-3-9 DOG FECAL MATTER Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by the dog on public or private property, unless the property owner has given prior approval to use the property for this purpose Article 6-4. Contractual Agreement Section 6-4-1 Intergovernmental agreements § 6-4-1 INTERGOVERNMENTAL AGREEMENTS Notwithstanding any provision of this chapter to the contrary,the council may contract with other agencies to enforce the provisions of this chapter Article 6-5. Confined Animals Section 6-5-1 Confined animals in motor vehicles or other places of endangerment 19 e'N 6-5-2 Impoundment of animals found in motor vehicles 6-5-3 Exceptions § 6-5-1 CONFINED ANIMALS IN MOTOR VEHICLES OR OTHER PLACES OF ENDANGERMENT No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal, or allow such animal to be placed or confined or to remain in a motor vehicle or in such a location under such conditions or for such a period of time as may endanger the health or well-being of such animal due to heat or cold, lack of food, dnnk, adequate ventilation or such el\ other circumstances as may reasonably be expected to cause suffering, disability or death. § 6-5-2 IMPOUNDMENT OF ANIMALS FOUND IN MOTOR VEHICLES An peace officer or enforcement officer who finds an animal in a motor vehicle in violation of this article may force entry into the motor vehicle if necessary to remove the animal. The enforcement officer removing the animal shall take the animal to the animal control division or other place of safekeeping and shall,in the event the person having custody cannot be otherwise contacted,leave in a prominent place in the motor vehicle a written notice bearing the enforcement officer's name,the office and address where the animal may be claimed by the owner thereof. The animal will be surrendered to the owner if the owner claims the animal within 72 3 business days is from the time the animal was removed from the motor vehicle and shall pay all reasonable charges that have accrued for the maintenance of the animal The owner must also at such time of return of such animal make current all licensing and vaccinations and pay all associated fines In addition, the owner shall show proof of .a ment of an court fines for any citations that were issued as a result of the impoundment § 6-5-3 EXCEPTIONS Nothing in this article shall be deemed to prohibit the transportation of horses,cattle,sheep,poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose Article 6-6: Keeping of Animals Section 6-6-1 Maintenance of property 6-6-2 Sanitary regulations 6-6-3 Enforcement § 6-6-1 MAINTENANCE OF PROPERTY (A) No person, firm or corporation shall be permitted to keep or harbor any animal in such a manner that the housing conditions shall cause insect or rodent breeding, obnoxious or offensive odors or those that constitute a public nuisance An odor constitutes a public nuisance if it interferes 20 ek (B) All corrals, barns, enclosures or other structures used for the purpose of housing, keeping or caring for any ammal or animals shall be structurally sound so as to contain such animals safely and securely § 6-6-2 SANITARY REGULATIONS (A) Manure shall be removed from any yard, corral,barn, enclosure or any other structure used for the purpose of housing, keeping or caring for an animal or livestock as often as necessary to maintain a sanitary premise that will not cause a hazard to the health of an animal or livestock Manureio7ever may se co for !looses of dust coal (B) Drinking troughs shall contain clean and fresh water and shall be provided with adequate overflow drainage and such drainage shall be controlled so as to prohibit any flow onto adjoining properties or the breeding of mosquitoes or other noxious insects. Livestock must have access to drinking water at all times (C) Manure shall not be accumulated in any place or in any manner whereby it may affect a source of drinking water or groundwater (D) Spillage and leftovers from ammal feedings shall be disposed of in such a manner that insect or rodent breeding or obnoxious odors do not exist (E) Manure shall be located on the property on which the animals or livestock generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property Reasonable containment procedures shall take into consideration acts of nature such as rainfall and wind, as well as natural drainage courses and sloping terrain § 6-6-3 ENFORCEMENT All animals shall be kept or harbored with adequate food, water and care in accordance with the provisions of this chapter. It shall be the duty of the enforcement officer to takedy impound any animals which are maintained in such conditions in violation of this code in accordance with the provisions as contained in Vol I, Article 6-2 Article 6-7. Potbellied Pigs Section 6-7-1 Licenses and tags 6-7-2 Running at large 6-7-3 Impoundment 6-7-4 Biting pigs 6-7-5 Owner liability 6-7-6 Keeping of potbellied pigs 6-7-7 Number permitted 6-7-8 Commercial breeding prohibited 21 ou's Aims § 6-7-1 LICENSES AND TAGS (A) A license shall be required, with a fee as established in A J C C., Vol. I, Article 4-3, for each potbellied pig 4 months of age or over that is kept, harbored or maintained within the boundaries of the city for at least 30 calendar days of each year. The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year. A delinquent renewal fee penalty not to exceed the amount-set or s�ele 4 3 wbe added to the license fee in the event that the a ..l.catie de subsequent to the-gate e "hich (B) Durable license tags shall be provided by the city. Each potbellied pig licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscnbed the name of the city, the number of the license and the year of issue All license tags shall expire 12 months from the month of issue The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all times except as may be otherwise provided in this article. Whenever a license tag is lost, a duplicate tag shall be issued upon application by the owner (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig (D) Whenever the ownership of a potbellied pig has changed,the new owner must obtain a new license and pay the fees (E) The Enforcement Officer shall apprehend and impound any potbellied pig found without a current valid license tag § 6-7-2 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in A.J.C.C., Vol. I, § 6-1-1 subject to the permission of the public safety director pursuant to this article (B) The enforcement officer shall apprehend and impound any potbellied pig running at large § 6-7-3 IMPOUNDMENT (A) Impoundment regulations as contained in A.J.C.C.,Vol. I, Article 6-2,except those applied to livestock, shall apply to potbellied pigs (B) Impoundment fees together with fees for care and feeding, as established in A J C C , Vol I, Article 4-3, shall be assessed for the impoundment of potbellied pigs § 6-7-4 BITING PIGS (A) Any potbellied pig properly licensed pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer The potbellied pig shall not be moved or relocated unless the enforcement officer is so notified The time for quarantine under this division shall be 10 calendar days 22 0004, (B) At the completion of the quarantine or impoundment period and prior to the release of the potbellied pig, the potbellied pig shall be examined by a licensed vetennarian and released only if the veterinarian determines that the potbellied pig dees 11111 not exhibit signs of rabies, infection or any other dangerous, contagious and infectious diseases (C) If it is determined that the potbellied pig is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such potbellied pig in as humane a manner as reasonably possible. Following such action or if the potbellied pig dies during the period of quarantine or impoundment, its head shall be sent to the Arizona State Department of Health Services or appropriate diagnostic laboratory for examination. § 6-7-5 OWNER LIABILITY (A) Injury to any person or animal or damage to any property by a potbellied pig while at large or under the owner's control shall be the full responsibility of the owner or person responsible for the potbellied pig when such damages were inflicted (B) The owner of potbellied pig which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the potbellied pig, is liable for damages suffered by the person bitten, regardless of the former viciousness of the potbellied pig or the owner's previous knowledge of its viciousness § 6-7-6 KEEPING OF POTBELLIED PIGS The provisions of A.J.C.C.,Vol. I,Article 6-6 shall be applicable to the keeping of potbellied pigs. § 6-7-7 NUMBER PERMITTED No more than 3 potbellied pigs as defined in this chapter,with each animal weighing no more than 100 pounds,shall be allowed per household.Potbellied pigs kept in this manner shall be considered as pets provided they are not kept for purposes of retail sales or commercial breeding. § 6-7-8 COMMERCIAL BREEDING PROHIBITED No potbellied pigs shall be kept for purposes of commercial breeding or retail sales Any potbellied pig as permitted under this chapter shall be kept only as a pet or as a show animal within the limitations of A.J.C.C.,Vol. I, § 6-7-7. Article 6-8• Keeping of Swine for Special Projects Section 6-8-1 Limitations on location and quantity 6-8-2 Time limitations 6-8-3 Sanitary conditions 8-8-4 Registration required 6-8-5 Termination of project 23 § 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY The keeping of swine or pigs shall meet the requirements set forth in A J C C., Vol. II, Land Development Code, Chapter 1, Zoning Ordinance, § 1-6-17, Animal Regualtions, as amended. Swine or pig as defined in this chapter shall be kept on minimum 1 acre lots located only in area) having the General Rural ("GR")zoning designation as defined in Vol II, § 15 0100 At no time let- § 6-8-2 TIME LIMITATIONS All swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution All guidelines shall specify a period of time for termination of the project. All swine and pigs kept in conjunction with an educational project shall be limited to a period of time commencing November 1 and ending on March 31 of the subsequent year in conjunction with the scheduling of the Pinal County Fair At no other time shall such swine or pigs be permitted to remain on any parcel or lot. § 6-8-3 SANITARY CONDITIONS (A) All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage. (B) The area in which such swine or pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis No standing water or mud bog shall be permitted Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow, such as a hxit system. § 6-8-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged,photographed and registered with the Animal Control Division. § 6-8-5 TERMINATION OF PROJECT If any swine or pig kept in conjunction with a project as permitted by this article fails, for any reason, to fulfill the requirements as imposed by this article, the animal may be impounded Any animal not fulfilling the project requirements shall not be returned to the participating owners' residence or to the site at which it was previously harbored. Article 6-9 Violations Section 6-9-1 Civil filings and penalties 6-9-2 Criminal filings and penalties § 6-9-1 CIVIL FILINGS AND PENALTIES Except as otherwise noted, any violation of this chapter shall be handled as a civil offense and shall be filed tiled in the municipal court in the same manner as civil property maintenance 24 Ask violations are handled pursuant to A J C C., Vol. I, § 9-1-4(D) Appeals shall be handled in the same manner pursuant to A.J.C.C., Vol. I, § 9-1-4 (E) The fines noted below are the exact fines that a judge shall impose, which shall not be decreased, increased, or exchanged for community restitution or other penalties. The court may impose additional penalties to include court fees, but shall not substitute such fees for the base fines referenced as follows. First violation Fine of $250 Second violation of same code provision occurring within 24 months of first Fine of violation $500 Third violation of same code provision occurring within 24 months of first Fine of violation $750 § 6-9-2 CRIMINAL FILINGS AND PENALTIES. A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a Class 1 misdemeanor by the city attorney's office, which minimum fine shall be $1,000 and a maximum fine of$2,500, a maximum of 36 months probation, a maximum of 6 months jail time, and other provisions which the court has jurisdiction to impose, such as applicable court-imposed penalties, assessments,an order for forfeiture and destruction of an animal,and other court or probation fees The judge shall treat subsequent and successive civil judgments as in the same manner criminal prior convictions are concerned insofar as the elevated fines noted above are to be applied. The judge has no discretion to lower these successive fines. However,violations of the following code provisions,whenever committed, single incident or repetitive, shall always be handled as criminal class 1 misdemeanors with the above-noted minimum class 1 misdemeanor penalties. 6-1-11 Cruelty, neglect and abandonment 6-2-91 Impeding Enforcement Officer 6-2-10 Biting animals, quarantine 6-3-6 Vicious dogs 25 To Whom It May Concern, 04/30/2015 I am writing this letter in hopes you will discuss and take into consideration the proposal I am about to present. I am also hoping to be at the May 5th meeting for this reason If I am unable to make it please present this in my name My name is Theresa Wright, I show collies (smooth collies), and have been showing since I was little I just bought my first home here in the City of Apache Junction and was very excited to move when my neighbor reported to the Al Animal control that I was going to have a business?Which I never mentioned I never knew of such ordinances or laws because I have lived in Florence, Gilbert, Chandler, and Mesa and never had a complaint or neighbor upset over my dogs. Animal control left a notice for me and I called and talked to an officer and discussed that yes I have show dogs,and learned I am one over the personal kennel permits class 2 So he suggested I had to go to a commercial kennel license and in order to obtain this I needed to get a business license I did apply for this and I was denied due to zoning and I don't fall under a business license to obtain the commercial kennel license required by City of Apache Junction's Animal Control Requirements So this is where I am hoping this is where you will take this into high consideration First there is no business that I am running I own these dogs I don't make a profit of showing them. I do it as a hobby and sport because I love the competition and the time I get to spend with my animals. I've been showing dogs since I was very young, and I love this sport I win prizes like ribbons, coffee mugs, handmade beds or something along those lines, Mostly it's Just ribbons and rosettes and Points towards rankings of their titles like Champion, Grand Champion, etc When they are older like my three older senior dogs, they retire from the show ring and I spay them or neuter them and then they stay as my pets because I have had them since they were 8 weeks of age It isn't fair to discard them because I can't show them. I took them on as a responsibility and promise that I would take care of them until their time has ended here on earth My dogs' ages range from 2-14 years of age The current Personal dog kennel permit, in Article 6-1-8 A2 shows you have a class 1 for a person who harbors or maintains 4-5 dogs over 3 months of age Class 2 is any person who owns, maintains or harbors 6-8 dogs over 3 months of age. I am purposing and requesting you consider a possible amendment/to this law and make a class 3 for 9- 12 dogs over 3 months of age. I will point out the positives on why I feel this might benefit not just myself but other people as well (A) Positives Class 3 dog kennel permit would be for only AKC/CKC dogs that a dog show hobby person like myself does not fall in class 1 or 2 (Many of us show folks have anywhere from 9- 13+dogs) Dogs would be over 3 months of age Older dogs such as my 14 year old, My 9,8 year old would be grandfathered in and would remain under the class 3 permit and that way such person(s) would not fall to a class 2 permit guidelines Dogs must have been shown in CKC or AKC shows (I do not show all of mine at once) but they have been entered in shows prior, Fun matches do not count as a dog show (B)Class 3 permit would be an annual fee of$80 Class 1 and 2 are currently 40 00 and 60 00 So the Permit annual fee would apply to a Class 3 permit as well. Dogs will have to be licensed as class 1 and 2 requirements are for altered and unaltered dogs. C)To have a Class 3 permit, Property must be at least .4 acres or more for proper exercising of the dogs, for this amount of dogs I feel that this would be sufficient for them to have proper exercise (D) Dogs for AKC purposes of show may have 2 litters a year with the person(s)to report them to Animal Control and same responsible ownership guidelines follow to ensure they are in safe homes and not end up in the pound or somewhere else (MANY dog breeders take back their dogs regardless of age back if an owner cannot keep the dog or dogs) I personally am not a breeder and do not plan to have a litter (E) Fecal matter is picked up and discarded properly DAILY —Same verbiage as current law about eliminate excessive noise from animals and offensive odors from the kennel—Fence will need to be 6 feet in height to protect dogs. Sufficient height and strength will be determined by an enforcement officer based on the size of the dog being confined The city profits from this with free advertising and I will explain this I travel all over the U.S.to show my dogs. I normally go to California, All over AZ, NM, NV, Oklahoma, I have flown my dogs to Boston, and this year I plan to go to Eukanuba National Dog show in Orlando FL and represent my breed and hope to win. I also plan in Feb, 2016 to fly and take my top show dog to Westminster Kennel club.This past year my blue girls half-sister won our breed and represented our breed, and also her city she was from. When we enter shows, we enter our state/city/address along with the show dog's information. That information gets processed into our show catalogs which the public will purchase or other show fanciers People see our city where the dogs from and I want to represent AJ IF I go to Westminster and I win—For those who may have never seen the show on TV, it is televised live, there are interviews, newspapers etc. that get involved) How exciting would it be to APACHE JUNCTION represented on TV for my sport?Also it will bring in travelers because dog show people do get visitors that want to see their dogs, and I invite my friends personally to come out and stay I hope you'll take this into consideration of amending to a possible Class 3 for dog show hobbyists mainly because we want to promote responsible pet ownership as we have to keep our dogs up to high standards.AKC can get us in trouble as well if we don't I personally am 1 dog over the class 2 permit and I can't imagine having to make a decision to part or put down a dog because of this law Dog noise is kept to a minimum, because I make my dogs wear spray bark collars The dogs also do not run all together. I have never had a fight, no litters in the 25+years I have been showing and having my dogs My dogs also are kept in dog kennels inside the house and never are left outside without supervision. I make sure my dogs are fed daily and also fresh water as any responsible pet owner should do I understand many are not responsible but this is not me or any of the show folks I have known for years. I have friends who trust me enough they ship their dogs from other states so I can show them in other states because they may not do well in the show ring back where they are from Also, my males don't run with my females, unless it is with the spayed ones I keep my dogs well-mannered and my reputation and history of these dogs speak for themselves Please consider adding a class 3 dog kennel permit Your city and my new city can benefit greatly from this IF this can go into effect, I can tell you that more dog show people will look towards your city of Apache Junction as a place to purchase land and residence because of this new law Which would then in turn more profit, money, promotion, and all around greatness for the City of AJ Dog show people promote RESPONSIBLE dog ownership We take these matters very seriously and I hope you would feel that this is also what your city wants Thank you for taking this into consideration, Theresa Wright Huntermoon Collies Huntermooncollies@gmail corn 505-903-9400 ook ROLL CALL VOTE r 'PI A 6\j) NOTES: N P4 ay. "ke"5 ITEM # I MEETING OF 14.- 1) '- \-Al\A MOTION BY: SECONDED BY: I' /YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON ff VICE MAYOR BARKER V/ COUNCILMEMBER SERDY I COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i l\ / . ,, , , ./kPipY \.),p çJi . -(6) 001116k oak. ^. Amok Amok ITEM NO. 10 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DRAFTING AN ORDINANCE AND RESOLUTION FOR MODIFICATION OF THE ANIMAL CONTROL REGULATIONS: 11 City of Apache Junction, Arizona 300 E Superstition Boulevard �A �'� Apache Junction AZ 85119 - o Agenda Item Cover Sheet .6) r '. • Agenda Item No 11 4q Znjw File ID. 15-103 Sponsor Thomas Kelly Agenda Date.5/5/2015 Index. In Control:City Council Meeting p Council direction to staff to draft a resolution authorizing the city to enter into the Intergovernmental Agreement with Pinal County Animal Control previously discussed on April 6, 2015 Attachments: City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 INTERGOVERNMENTAL AGREEEMENT BETWEEN CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made and entered into this__day of , 2015, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City") and PINAL COUNTY, a political subdivision of the State of Arizona (hereinafter referred to as "County"), both collectively being referred to herein as the "Parties'', or individually as a "Party" RECITALS: A. Animal control services provided to City residents are sometimes limited to when its animal control facility (known as the Paws and Claws Care Center at 725 E. Baseline Road, Apache Junction, AZ) is open. B. County maintains a region wide animal control facility located at 1150 South Eleven Mile Corner, Casa Grande, AZ. C. The City is interested in contracting with the County to assist City in certain animal control services on an as-needed basis, to include emergency euthanasia and rabies procedures, as well as emergency boarding and care services. D. This mutual cooperation would result in public savings and governmental efficiencies. E. The Parties have the desire to assist each other and are each authorized to enter this Agreement pursuant to A.R.S. § 11-951, et seq. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the Parties agree as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the services provided between the Parties. 2. CITY AND COUNTY ANIMAL CONTROL SERVICES A. EUTHANASIA SERVICES i. County's Obligations: a. At the request of the City and within two (2) hours of contact, provide euthanasia services when City personnel are not available, or in any emergency situation as determined by the City. When responding to a request for euthanasia services, County retains complete discretion regarding the need for the animal to be euthanized. ii. City's Obligations: a. City will reimburse County for any expenses incurred when providing euthanasia services including the cost of materials and personnel as set forth in Exhibit A B. RABIES TESTING i. County's Obligations: a. At the request of City, County shall initiate post-exposure prophylaxis on animals. b When requested by the City to investigate a rabies exposure the County will work with county and state health department officials to determine appropriate action and carry out the appropriate actions. ii. City's Obligations: a. After mandatory ten (10) day quarantine, City shall contact County prior to animal euthanasia in order to provide County sufficient time to respond to the request for such service. b If the animal is unable to complete the ten (10) day quarantine due to illness or other circumstances, City shall contact County as soon as City becomes aware of the need for County services. C. BOARDING SERVICES i. County's Obligations: a. County shall provide City with animal boarding services upon request subject to available space limitations. 2 b. While boarded with County, County shall provide animals with adequate food, water and shelter to maintain an animal in a healthy condition. c. County shall provide any animals in their control with a standard of care equal to or greater than the standard of care the animal would have received if under the care of City. ii. City's Obligations: a. City shall reimburse County for the cost associated with boarding as set forth in Exhibit A. b. City shall deliver animals to be boarded to the County facility unless other arrangements are made with the County in advance. E. TEMPORARY ANIMAL CONTROL ASSISTANCE i. County's Obligations: a. County shall provide temporary short term animal control services to City when City determines its own staff is not able to provide services as needed. b. County shall provide assistance to the Apache Junction Police Department as well as the public with typical animal control related activities including but not limited to containing animals at large, assisting animals in distress, responding to animal bites, and transporting animals to appropriate animal care facility when necessary and requested by the City. ii. City's Obligations- a. City shall reimburse County for the cost associated with temporary animal control assistance and related services as described above and monetarily set forth in Exhibit A. 3. INDEMNIFICATION AND INSURANCE: To the extent permitted by law, the Parties covenant and agree to fully indemnify, hold harmless and defend each other and their directors, council members, board members, officers, agents, servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by each Party or their directors, 3 council members, board members, officers, servants, employees or agents. If any action or claim shall be brought or asserted against either Party their directors, council members, officers, agents, servants or employees for which indemnity may be sought from either Party, then the Parties shall promptly notify each other in writing The Parties agree to within ten (10) working days of receiving such notice, assume the defense of each other, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of the Parties, their directors, council members, board members, employees and agents. It is understood and agreed that either Party may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement. The Parties shall provide each other with a current insurance certificate or other evidence of coverage as appropriate. This section shall survive the expiration or early termination of this Agreement. 4. DURATION OF AGREEMENT/TERMINATION: This Agreement shall be valid for an ititial term of two (2) years and shalt automatically be renewed every year thereafter. City and County shall conduct a joint review of the Agreement each year within 30 days of the anniversary of the effective date, to determine if changes are required. Either Party may terminate this Agreement for any reason upon sixty (60) calendar days' written notice to the other Party by first class certified mail, postage prepaid, or by overnight delivery addressed to the other Party as set forth in Section 9 of this Agreement. 5. BINDING EFFECT/ASSIGNMENT: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives. Neither Party may assign its rights under this Agreement without the prior written approval of the other Party Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6. ENTIRE AGREEMENT: This instrument contains the entire Agreement between the Parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto. No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the Parties. 7. SEVERABILITY. The Parties 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 the Parties to do any act in violation of any applicable laws, including any 4 constitutional provision, law, regulation, or city or county code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8 GOVERNING LAW, VENUE AND ATTORNEY FEES: 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, Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 9 INVESTIGATION INVOLVING ELECTED OFFICIALS/EMPLOYEES AND THEIR RELATIVES: The Parties acknowledge the complexities involving conflicts of interest that arise when their public entity elected officials, employees and relatives thereto are investigated for animal code violations. Consequently, the Parties agree to undertake these sensitive investigations when such requests are timely provided. The Parties reserve the right to decline acceptance of such requests if they determine they cannot adequately handle the matters based on lack of personnel or financial resources. 10. NOTICES: All notices and insurance certificates required under this Agreement shall be sent as follows: If to City: Administrative & Support Services Commander Apache Junction Police Department 300 East Superstition Blvd. Apache Junction, AZ 85119 5 And courtesy copy to: City Attorney City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 If to County: Pinal County Animal Care and Control Director 1150 South Eleven Mile Corner Casa Grande, AZ 85194 And courtesy copy to: Pinal County Attorney P.O. Box 887 Florence, AZ 85132 10. CONFLICTS OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written. PINAL COUNTY, a political subdivision of the State of Arizona ik 781 L 11 By. � — Cheryl Chas Pinal County Board of Supervisors Chairwoman A EST: Af-/L4. Shen Cluff, Pinal County Clerk of the Board THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk 6 COUNSEL APPROVAL AS TO FORM I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. ando Voyles, Pinal CoLnty Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date 7 EXHIBIT A RATES OF REIMBURSEMENT Services Fees After hours emergency response $50.00 Animal disposal-owned $25.00 Daily maintenance fee-dog aggressive/quarantine $20 00 Daily maintenance fee-dog or cat $15.00 Disposal fee-euthanasia $15.00 Euthanasia-owned animals at shelter $50.00 Field tranquilization for aggressive animals $35.00 Impound-initial fee for licensed dog $20.00 Impound-initial fee for unlicensed dog $35.00 Impound-initial fee for feline $20.00 Miscellaneous Animal Control Containment, $ /hr. attending to distressed animals in the field, animal bites, and associated transportation Quarantine $225.00 Recovery fee for impounded animal $50.00 Temporary Animal Control Services-Monday through Friday from 7:00 a.m. to 7.00 p.m. $42.00/hr. Temporary Animal Control Services-Monday through Friday from 7:00 p.m. to 7:00 a.m , weekends and holidays $63.00/hr. 8 Office of the Division of Administrative & Support Services Commander April 6, 2015 SUBJECT Pinal County Animal Control Intergovernmental ®` Agreement TO Honorable Mayor and Membe •f the City Council THROUGH Thomas Kelly, Chief of P. id FROM Arnold Freeman, Captai A ,_ - r41 A primary staff duty is to insure appropriate agreements and understandings are in place to facilitate services when local resources are unavailable or diminished This allows for continuity of service to our citizens, customers, and visiting pets Staff has been in contact with the Pinal County Animal Control Division to negotiate an Intergovernmental Agreement ("IGA") that would cover loss, interruption, or absence of animal care and control services in the City. The Pinal County Board of Supervisors has already approved the attached IGA The IGA is beneficial during community catastrophes or when staff is overwhelmed, lacks expertise or proper equipment to perform duties Any significant reliance upon utilizing this IGA is unlikely based on our service history, however, it is necessary for the unexpected events that may arise Staff recommends the adoption of the attached IGA, which includes the following critical provisions: • p 2, §2(A), Euthanasia emergency provisions • p. 2, §2(B), Rabies Testing • p 2 - 3, § 2(C), Boarding Services • p. 3, § 2(E)(should be "Dr), Temporary Animal Control Services (Exhibit A contains the schedule of reimbursement costs.) • p 3, § 3, Mutual Indemnification • p. 4, §4, 2 year agreement term with automatic renewals • p 5, § 9, Conflict of Interest cases handling In ilk ROLL CALL VOTE t NOTES k. 1\ 1 )4 I 1‘ (11- tti )-) 6(1 ...... e 1/4e , \\ (./ ts ITEM # MEETING OF MOTION BY: iki t SECONDED BY: 4 YES NO ABSTAINED COUNCILMEMBER WILSON I COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON I COUNCILMEMBER RIZZI v VICE MAYOR BARKER V COUNCLMEMBER EVANS V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING DRAFTING A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH FINAL COUNTY ANIMAL CONTROL. � �4 r ,, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 12 i 10' File ID: 15-123 Sponsor. Kathy Connelly Agenda Date.5/5/2015 Index.Community Development In Control. City Council Meeting Direction to staff on a date, time and location for a joint public meeting with members of the Apache Junction school board to discuss issues of mutual interest such as use of district facilities,shared use of jointly developed facilities and joint programs and partnered activities The possibility of a joint meeting with the Apache Junction school board was discussed one April 20, April 21 and May 4 This item provides council with the opportunity to select a date, time and location for the meeting Attachments ... City of Apache Junction,Arizona Page 1 Printed on 4/28/2015 REVISED MOTION - ITEM NO. 12 ON APRIL 28, 2015 THE APACHE JUNCTION SCHOOL BOARD MET AND DISCUSSED THE FUTURE OF RECREATIONAL FACILITIES LOCATED ON SCHOOL DISTRICT PROPERTY. THE BOARD UNANIMOUSLY APPROVED A MOTION THAT SAID"...THE UTILITIES AT THE COMMUNITY POOL, SMES BASEBALL FIELD AND SUPERSTITION SHADOWS PARK WOULD REMAIN THE RESPONSIBILITY OF THE DISTRICT UNTIL JULY 1, 2015 AT THE LATEST." THE MOTION FURTHER STATED THAT "IT IS EXPECTED THAT AN AGREEMENT CAN BE WORKED OUT OVER THE NEXT 2 WEEKS THAT INCLUDES UTILITY RESPONSIBILITY AND USE OF THE FACILITIES BY THE DISTRICT." KEEPING THIS MOTION IN MIND, I MOVE THAT WE DIRECT CITY STAFF TO SCHEDULE A JOINT MEETING FOR THE MEMBERS OF THE CITY COUNCIL AND THE APACHE JUNCTION SCHOOL BOARD FOR SATURDAY, MAY 9, 2015 AT A.M. AT THE CITY CONFERENCE CENTER, 1001 N. IDAHO ROAD, APACHE JUNCTION, FOR THE PURPOSE OF DISCUSSING AND CONSIDERING A CITY COUNCIL VOTE ON A INTERGOVERNMENTAL FACILITIES USE AGREEMENT FOR THE UTILITY COSTS, USE AND MAINTENANCE OF SUPERSTITION SHADOWS PARK, SWIMMING POOL, SKATE PARK, TENNIS COURTS, BALLFIELDS AT SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL AND SUPERSTITION SHADOWS PARK AND RESURFACING OF THE SAN MARCOS DRIVE ALIGNMENT LOCATED ON SCHOOL DISTRICT PROPER( SOUTH OF SOUTHERN AVENUE AND EAST OF CACTUS CANYON JUNIOR HIGH SCHOOL. I FURTHER MOVE THA'(CITY STAFF PREPARE THE NECESSARY MEETING NOTICE AND AGENDA TO MEET THE REQUIREMENTS OF THE ARIZONA OPEN MEETING LAW. OPTIONAL: I FURTHER MOVE THAT THE AGENDA ALSO INCLUDE AN ITEM THAT WOULD ALLOW THE MEMBERS OF THE APACHE JUNCTION SCHOOL BOARD TO VOTE ON THE INTERGOVERNMENTAL AGREEMENT SHOULD THEY WISH TO DO SO. ROLL CALL VOTE NOTES ) / pcb i\a\\1 \ .,, Ai ' 0) UP\ r 101t --1.41 IPAm. v)\ ITEM # ✓" MEETING OF � + i/ MOTION BY• SECONDED BY: lr YES NO 4 ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS V/ COUNCILMEMBER SERDY V VICE MAYOR BARKER COUNCILMEMBER WILSONi COUNCILMEMBER RIZZI v MAYOR INSALACO f/ UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT THE FOLLOWING DIRE ' ON BE GIVEN TO STAFF REGARDING A DATE, TIME AND LOCATION FO' - JOINT PUBLIC MEETING WITH MEMBERS OF THE APACHE JUNCTION S - •OL BOARD TO DISCUSS ISSUES OF MUTUAL INTEREST I FURTHER MO THAT CITY STAFF COMPLY WITH THE STATE OPEN MEETING LAW IN P' ' • RING THE AGENDA AND POSTING THE APPROPRIATE NOTICE FOR THIS ME ING. ROLL CALL VOTE NOTES: l L ...... /\\°1 _J/ _ ' '_\_) (___r/ j ) 1 ITEM# MEETING O MOTION BY: SECONDED BY: YE NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI JiCOUNCILMEMBER WALDRON , COUNCILMEMBER SERDY VI/ COUNCILMEMBER WILSON MAYOR INSALACO Alma. UNANIM9US IN FAVOR OPPOSED ABSTAINED TOTAL V i. p p ITEM NOS. 13-14 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, MAY 18, 2015, 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, MAY 19, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. 09j ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M. .r ROLL CALL ws.7)/11/d REG 14 SPEC: CITY COUNCIL P / A P / A P / A MAYOR INSALACO / i. VICE MAYOR BARKER I COUNCILMEMBER EVANS v I, COUNCILMEMBER RIZZI / COUNCILMEMBER SERDY 4. COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON V V TOTAL ij CITY STAFFi_Diti ./1-'j City Manager George Hoffman / Assistant City Manager Bryant 7 Powell / City Clerk Kathleen Connelly V / City Attorney Joel Stern V Public Safety Director Tom / Kelly Public Works Director Giao �( Pham Parks & Recreation Director Jeff Bell V Library Director Spencer Paden Finance Director Donna / Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Riley Assistant to the City Manager .. / Matt Busby V -` OTHERS frl ('� 46....„)Ai°ci./ 01'A /{1 I Is;tilkA°6, ct- gc Date: 5--C" 3 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR _ Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ Nor] Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. /J (./ 6 ►'-9 Name (Print) // s v/ -sue k' c .i Esc // �. Address City Zip Code �. `f t 3 7 !- 3 U nCh vr9 e-ss c?ct -ems . Co ,v, Telephone Email address ta�c y. �� d 4J 'O�h�nee-ao This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 � - CD Date: icS /5 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes No❑ Only If Necessary o o I am in favor of the proposed Item. o I am opposed to the proposed Item. Name (Print) \,--2Db+ colik_couet ES Address City Zip Code )4 WI 4-C((Y1)601,ev Co 1 c e5 b Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the li ihood hat their image will appear on cable TV and th Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: (7- / CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeso No❑ Only If Necessary o ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) c=7 // CM7a S KT) Address City Zip Co e # /463 //Agri--/Q Y/40)i °Pk Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12