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HomeMy WebLinkAbout2014 12.15 City Council Work Session Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` •' Agenda 300 E.Superstition Blvd. \ - g Apache Junction,AZ \Ri_ZONr 85119 - City Council Work Session apachejunctionaz.gov Ph:(480)982-8002 Monday, December 15,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-582 Presentation and discussion on the proposed vehicular advertising component of the city's corporate partnership program. Staff will update council on the proposed public information campaign. Presentation and discussion. Sponsors: Roger Hacker Attachments: Council Report December 15, 2014 Public Information Campaign 12-2014 FAQ Fact Sheet 2. 14-592 Presentation and discussion by staff on the city's current volunteer program and recruitment process, and potential avenues to expand the program. Presentation and discussion. Sponsors: Constance Halonen Attachments: Volunteer Prezi 3. 14-595 Presentation and discussion for on call consulting services. Staff respectfully requests the mayor and city council to consider professional service agreements for PW 2015 Public Works On Call Services, allowing the city to enter into agreements with five consulting firms in each of six service areas for on call consulting services. Presentation and discussion. Sponsors: Emile Schmid Attachments: 20141203 Memo to Council.pdf PW 2015 Oncall PSA Sample MASTER.pdf City of Apache Junction,Arizona Pagel Printed on 611512026 City Council Work Session Agenda December 15,2014 4. 14-584 Presentation and discussion on PZ-7-14 a city initiated request for a proposed rezoning of a +/-2 acre property, located at 1560 West Superstition Blvd., from Recreational Vehicle Park (RVP)to General Commercial District by Planned Development (B-1/PD), for the purpose of correcting the zoning for a future commercial development opportunity. Presentation and discussion. Sponsors: Kevin Koelbel Attachments: PZ-7-14 CC WS 12-16-14 5. 14-594 Presentation and discussion on case PZ-6-14, a request by A.T. Meridian Real Estate, represented by Randolph Carter and Grant Tayrien, for approval of a planned development major amendment, proposing to change the plan of development for a General Commercial District by Planned Development (B-1/PD)zoned, 2.66-acre property, located at the northwest corner area of S. Ironwood Drive and W. Baseline Avenue (just north of the gas station/convenience store), from an 80-room hotel site to a +/ -20,000-square-foot office and retail strip center site. Presentation and discussion. Sponsors: Rudy Esquivias Attachments: PZ-6-14 Council Cover Memo PZ-6-14 PZ PH 11-25-14 w attach 6. 14-596 Presentation and discussion on proposed Resolution No. 14-46, authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Revenue modifying its auditing authority. Presentation and discussion. Sponsors: Kathy Connelly Attachments: 2014 licensing amendment and audit modification IGA Resolution No 14-46 IGA with AzDOR 7. 14-597 Presentation and discussion on proposed Resolution No. 14-45, allowing the city to continue to collect transaction privilege tax licensing fees. Presentation and discussion. Sponsors: Kathy Connelly Attachments: 2014 licensing amendment and audit modification IGA Resolution No 14-45 License for TPT D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ 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 2 Printed on 611512026 City Council Work Session Agenda December 15,2014 City of Apache Junction,Arizona Page 3 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-582 Sponsor: Roger Hacker Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion on the proposed vehicular advertising component of the city's corporate partnership program. Staff will update council on the proposed public information campaign. Presentation and discussion. At the September 15, 2014 work session, staff presented its recommendations for the implementation of the vehicular advertising program. Given the importance of the dissemination of correct information regarding this program, staff will present to the council its proposed public information campaign. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE�Gti �f 4 Z City of Apache Junction Development Services Department .►`°' '9RIZONP' MEMORANDUM DATE: December 1, 2014 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director FROM: Roger S. Hacker, Revenue Resources Manager SUBJECT: Proposed Vehicular Advertising Program REQUEST Staff respectfully requests that the city council receive and discuss staff's update regarding the proposed vehicular advertising program. BACKGROUND 2013: Staff is asked by a potential corporate partner if the city would accept advertising on city vehicles. At the direction of the city manager, staff polls the city councilmembers to assess their support for this potential new source of revenue. 2014: During the April 14th work session, staff reviewed council's comments and presented information about outdoor advertising companies that potentially work with public entities on vehicular advertising. During the May 19th work session, council received a report from Mr. Chad Dragos, Chief Executive Officer of Public Safety Advertising ("PSA"). During its June 3rd meeting, councilmembers directed staff to present to them a proposed program that included the following stipulations: does not include police cars; starts small (i.e. a pilot program); informs the public that an advertisement is not an endorsement by the city of a product/service/company; contains a disclaimer on the vehicle that the city does not endorse the advertised product, service, or company; and works with the city's sales tax staff to identify tax liability generated. Further, council directed that the program not include the following products: alcoholic beverages when the targeted beneficiaries of the partnership are youth under the State's legal drinking age; tobacco products; sexually oriented businesses or activities as defined in the Apache Junction City Code; guns or other weapons (including brands and distributors); and political candidates, campaigns and other non-commercial political speech. Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 During the September 15, 2014 work session, staff presented the following items to council for consideration: • Proposed process to be utilized: PSA's ten step process for developing an advertising program utilizing public vehicles. • City assets: 26 vehicles were identified for possible inclusion. The breakdown is as follows: Parks and Recreation 8; Water 8; Development Services 4; Public Works 4; Court 1 ; and Information Technology 1. • Prototype of advertisement: 11 (h) x 40 (w) acrylic signs, produced by the 3 M Company; the signs include the 3 M Company's standard two year product warranty. • Specifications and sale sheet: Public Safety Advertising developed the pricing and specifications sheet based on current advertising rates, standard advertising sizes, and the amount of travel by the identified vehicles. Utilizing the 26 vehicles (52 sides), PSA developed five annual packages. Ranging from $11,400 to $59,280, the packages offer a potential partner a number of options. Custom packages available upon request. • Request for proposal: PSA recommended that the city release the information about the advertising program using local/regional media, the city's existing bid list, and the city's various electronic formats. Bids would be accepted on a first come first served basis. • Public information campaign: PSA recommended a public information campaign that would last up to four weeks. The purpose of the campaign is to provide accurate information to citizens and community groups about the program; answer questions and concerns; and help generate interest in the program. • Beneficiary of advertising revenue: Based on experience, PSA recommended that the city identify a project/priority to receive the revenue generated by the advertising. Suggestions from council included: operational costs of the city's fleet, Paws and Claws Care Center, and the campaign to improve Apache Trail. • Disclaimer prototype: Staff recommended that the vehicles contain the following verbiage: "Advertisement: Not endorsed by the City of Apache Junction." It was recommended by council that the disclaimer appear adjacent to the advertisement. Planning&Zoning Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 DISCUSSION During previous discussions with the council, it became clear that a comprehensive public information campaign was necessary for the success of the project. The campaign would both disseminate correct information and help to facilitate "buy in" by the community. To accommodate this, staff developed a proposed campaign. See Attachment One. Key to the campaign is a Frequently Asked Questions ("FAQ") fact sheet containing accurate information about the campaign. See Attachment Two. RECOMMENDATION Staff respectfully requests that the city council receive and discuss staff's proposed public information campaign and FAQ information sheet. ACTION REQUIRED Receive and discuss. At the end of the discussion baring council concerns, staff will begin to implement the public information campaign as articulated in Attachment One. ATTACHMENTS Attachment One: Proposed Public Information Campaign Attachment Two: Frequently Asked Questions Fact Sheet Planning&Zoning—Building&Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 Attachment One Corporate Partnership Program: Vehicular Advertising Public Information Campaign 1 . Develop FAQ sheet. Completed. 2. Review proposed campaign with Mayor and Vice Mayor. Solicit input. Completed. 3. Communicate with the Assistant City Manager and Assistant to the City Manager to identify individuals and/or groups that they would like informed of this project. January 8, 2015. 4. Work with the city's Public Information Officer ("PIO") to identify which upcoming community meetings may be appropriate to attend. January 8, 2015. 5. Communicate with the city's PIO to identify other media outlets that would be important to contact. January 8, 2015. 6. Seek the Assistant City Manager's direction about scheduling presentations with: a. Chamber of Commerce Board; b. Superstition Business Owners Group; c. Gold Canyon Business group; and d. Other organizations as needed. Week of January 8, 2015. 7. Work with city's PIO on press release language. Week of January 12, 2015. 8. Notify and invite to discuss project with: a. Local and regional newspapers, Arizona Republic; b. Television news: channels 3,5,10,12,15; and c. Radio stations, KTAR. Public Safety Advertising to work with city staff. Week of January 12, 2015. 9. Work with PSA and City Webmaster to identify the steps that need to be taken to prepare the city's website for the inclusion of advertising information and appropriate marketing. Week of January 12, 2015. 10. Meet with the city's Leadership Team to identify key community people and/or organizations to address. January 15 or 29, 2015. Attachment Two Corporate Partnership Program: Vehicular Advertising Frequently Asked Questions What is the city proposing to do? As a way to supplement tax dollars, Apache Junction is selling advertising on 26 of its municipal vehicles. These vehicles were selected because of their total mileage, annual mileage, type of vehicle, and available space. No public safety vehicles are included. Why is the city doing this? As is the case with all municipalities, since the start of the 2008 recession revenues have dwindled. All cities have had to do more with less. Services to the public have suffered because of these decreased revenues. Apache Junction is looking at its vehicle advertising program as a way to bring in a new revenue stream to help fund city programs. It is part of the City Council's efforts to find creative solutions to the situations facing the city. What will happen with the money? The funds will be used to pay for services and costs that normally have been paid for with tax dollars. As example, funds from this program could help to pay for the operation of the city's fleet of vehicles, help to make improvements to the city's road way system, or help to care for the cats and dogs at the city's animal shelter. How does this benefit me as a tax payer? Simply put, costs that have been traditionally been paid for with tax dollars will now be paid for with funds generated by advertising on city vehicles. What types of ads will be accepted? In June 2014, the city council identified those types of businesses that would be excluded from the city's corporate partnership program. These industries include: • Alcoholic beverages when the targeted beneficiaries of the partnership are youth under the State's legal drinking age; • Tobacco products; • Sexually oriented businesses or activities as defined in the Apache Junction City Code; • Guns or other weapons (including brands and distributors); and • Political candidates, campaigns and other non-commercial political speech. Page 1 of 2 Isn't advertising going to make our vehicles look tacky? Vehicles will not be "plastered" with multiple advertisements. One advertisement will be placed on the rear panel of both the driver's and passenger's sides of the vehicle. Using industry standards, the advertisements will be 11 (h) x 40 (w) and will be made from acrylic materials produced by the 3 M Company. To ensure that the advertisements will reflect well on it, the city is working with Public Safety Advertising ("PSA"). PSA specializes in assisting municipal governments and fire districts to secure non-tax dollars through vehicle advertising. What sort of revenue could this program generate? Potential advertisers will be offered a number of packages from which to choose from. Based on the number of vehicles in the package, the type of vehicles, and the mileage of vehicles, the projected revenue for the packages varies from $11,400/year to $59,280/year. How were prices set? The costs of the packages were suggested by PSA based on current advertising rates for vehicle advertising. How will the advertisers be selected? Working with the city, PSA will release a request for proposal via local and regional media, the city's bid list, and social media. Bids will be accepted on a first come first served basis. The process has been designed to allow all interested businesses to participate. Won't companies that advertise with the city have an advantage when working with the city? No. The relationship and contract will be between the business and PSA. The city will treat advertisers in the exact same manner it deals with those not advertising—fairly and openly. Vehicles will include signage that stipulates that the city does not endorse either the product or the company that is being advertised. What type of oversight will there be? The program will be administered by executives from PSA and staff in the city's Revenue Development Program. Both will give periodic updates to the city council. How do I get more information about the program? I may want to advertise. You can contact either Mr. Chad Dragos, Public Safety Advertising at cdragos@publicsafetyadvertising.com/623-680-8333 or Mr. Roger Hacker, Revenue Development Program at rhacker@ajcity.net/480-474-5086. Page 2 of 2 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. '+PizoN►' File ID: 14-592 Sponsor: Constance Halonen Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion by staff on the city's current volunteer program and recruitment process, and potential avenues to expand the program. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 - •"^� Current System SFrx ArewembskVa RN'4' Sum apportunityf •NAM.. .-... :rd Parry sro sower_ .. Volunteers - •"^� Current System SFrx ArewembskVa RN'4' Sum apportunityf •NAM.. .-... :rd Parry sro sower_ .. Volunteers • • Fill 0-tORPT ----------------------- ------------------ • 00008104 VOLUNTEERS edmej nqO 0000- IN CONTRIBUTED VAIME 14138MALMRS ........................�-# ------------------ 0 0000 t1,19 0 000" 133 VOLUNTEERS %I 8,086 TOTAL HOURS IN CONTRIBUTIE VALUE ----------------- ------------------------ 00000 930 VOLUNTEERS $236,007 00000 0 - IN CONTRIBUTED VALUE II.049 TOTAL HOURS ----------------------- ----------------- 240 VOLUNTEERS 00000 a PrIn 707H HOURS IN CONTRIBUTED VALUE 1111"laborH*UrS rBpfMgtS fall time POSIMMS at 2,080 labor hairs per year.The City has 219 lull time equiTalent PDS&M now so 18 FTE,!YDlW11teflrS represents a i of the entire City labor force in contributions 4 citizen volunteers.Thesecirtizens help keep thew commonnity serinces and amandies available.This is a forn3irkabit number and shows AYS volmirtierspi(it 'Contrinated Value computed witti S2136,the 2010 national estimated value of ayslunteer Current System • Interested individual completes volunteer application for on- going opportunities • with a department(s) • Fingerprinted (18 years & older) � • Screening/interview • Volunteer begins with desired department(s) Are we missing an opportunity? Individuals interested in periodic or specific efforts: -- • Trail clean-up • Painting a home � • Special event - • Etc. • In House Applicant • Interested volunteers complete volunteer application indicating "periodic volunteer" • Fingerprints completed (18 & older) • • Individual is added toa Opportunities distribution list • Periodic opportunities are sent to distribution list as available • Solicit "Periodic" city & community volunteer opportunities • Process applicants • Maintain distribution list • Send volunteer opportunities • • • a • • Applicant -- • Interested volunteers complete volunteer application indicating " periodic volunteer" • Fingerprints completed ( 18 & older) • Individual is added to a distribution list • Periodic opportunities are sent to distribution list as available ing { Opportunities Int e • Solicit " periodic" city & community volunteer opportunities • Process applicants • Maintain distribution list • Send volunteer opportunities • 3rd Party . • City creates a profile on the Volunteer Center of Pinal County (VCPC) website • A link to the city's VCPC profile is added to the city website for periodic volunteer opportunities • Periodic city volunteer opportunities are maintained on the VCPC website • Community entities with periodic volunteer opportunities encouraged to create and maintain a profile on VCPC • • Or both . . . WOM � � T � M" R � • f ra ��T`r y• Al�iun i,ii 6 c_ri • arc .1 � • - •"^� Current System SFrx ArewembskVa RN'4' Sum apportunityf •NAM.. .-... :rd Parry sro sower_ .. Volunteers City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No. 3. PIZ File ID: 14-595 Sponsor: Emile Schmid Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion for on call consulting services. Staff respectfully requests the mayor and city council to consider professional service agreements for PW 2015 Public Works On Call Services, allowing the city to enter into agreements with five consulting firms in each of six service areas for on call consulting services. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PPpCHE✓ o Gym Public Works Department U Z Home of the Superstition Mountains '9RIZONP December 03, 2014 To: Honorable Mayor and Members of the City Council Through: George Hoffman, City Manager Giao Pham, Public Works Director From: Emile Schmid, City Engineer Subject: Project PW 2015: Request for Statement of Qualifications for Public Works On- Call Services The City of Apache Junction Public Works Department has completed the Consultant selection process for the On-Call Consultant list for the above referenced project. The review committee has reviewed seventy-three (73) submittals from fifty (50) submitting firms in accordance with City of Apache Junction Procurement Code. The following list shows all firms selected for the annual on-call services by Service Area (SA). SA 1: General Civil Engineering SA 4:Architecture,Planning&Landscape Design AZTEC Engineering Group, Inc. Breckenridge Group HDR Engineering, Inc. BWS Architects Entellus, Inc. HDA Architects Kimley-Horn Saemisch + DiBella Architects, Inc. T.Y. Lin International Swan Architects SA 2: Water& Wastewater SA 5: General Survey Services Carollo Engineers AMEC Environmental & Infrastructure, Inc. Entellus, Inc. AZTEC Engineering Group, Inc. HDR Engineering, Inc. David Evans &Associates, Inc. Kimley-Horn Entellus, Inc. Michael Baker International Wood/Patel &Associates, Inc. SA 3:Environmental&Archaeological SA 6: Geotechnical AZTEC Engineering Group, Inc. ACS Services, LLC Kimley-Horn AMEC Environment & Infrastructure, Inc. Logan Simpson Design, Inc. Ninyo & Moore Ninyo & Moore Ricker Atkinson McBee & Morman SWCA Environmental Consultants Speedie &Associates, Inc. 575 E. Baseline Ave., Apache Junction, AZ 85119 Tel (480) 982-1055 • Fax (480) 982-8005 PROFESSIONAL SERVICES AGREEMENT FOR PW 2015 - PUBLIC WORKS ON-CALL SERVICES THIS AGREEMENT is made and entered into this day of , 2014, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") , and ("Consultant") , for the project entitled "PW 2012 - PUBLIC WORKS ON-CALL SERVICES" (the "Project") , collectively referred to as the "Parties", or individually as a "Party" . WHEREAS, City desires to retain consultants to furnish design/planning and general civil engineering services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties; and WHEREAS, in procuring these services, City has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 . NOW, THEREFORE, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1 . CONSULTANT' S DUTIES : Consultant shall perform professional services for completion of the Project as detailed and described in Exhibit A - Scope of Work/Services attached hereto and made a part hereof by this reference. Consultant shall perform these services and/or through such other personnel as may be required who are employed or retained by Consultant as outlined in Consultant' s Statement of Qualifications ("SOT") submittal document, and who the Consultant shall make available to City within 48 hours of a request for services . If the Consultant is unable to comply with the request, the City may contact another Consultant under contract with City to provide such services . 2 . PERIOD OF SERVICE: The period of service is for one (1) year beginning from the Execution Date of this Agreement. The Agreement will be renewed automatically and continuously for two successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets 1 for and appropriates funds for the successive renewal terms; and 2) neither Party terminates this Agreement. City may have more than one Consultant under contract to perform the services described in this Agreement. City in its own discretion and as it deems necessary, may choose any one consultant or combination of consultants to perform the types of services described in this Agreement, and City' s decision shall be final . City' s choice of consultant (s) for any particular work assignment shall be entirely at City' s own discretion. City shall provide the Consultant with five (5) working days notice when its services are discontinued either because : (a) City has determined that no additional work assignments are currently available requiring the Consultant' s services; or (b) City in its sole discretion, has determined that services performed by personnel provided by the Consultant are unsatisfactory. City may use another consultant to complete any of Consultant' s work assignments that are left unfinished or which are deemed unsatisfactory. During the Agreement Term, the Consultant ' s services may still be requested by the City if future work assignments become available and/or the Consultant provides personnel satisfactory to the City. 3 . COMPENSATION: For services described in Section 1 of this Agreement, City agrees to pay Consultant for services actually performed and expenses actually incurred by Consultant under this Agreement and Consultant agrees to accept compensation based on services actually performed and accepted by City and expenses actually incurred by Consultant under this Agreement in an amount not to exceed [*** Service Area 1 & 2 : Three Hundred Thousand Dollars ($300, 000 . 00) ; Service Areas 3-6 : One Hundred Thousand Dollars ($100, 000 . 00) ***] for each separate annual renewal period based on the estimated breakdown of said sum set forth in Exhibit B - Fee Schedule, attached hereto and made a part hereof. City shall pay Consultant in installments based upon monthly progress reports and invoices and a final progress report and invoice submitted by Consultant in accordance with the amounts outlined in attached Exhibit B - Fee Schedule. The progress reports and invoices shall show percentage of services completed to date under this Agreement by category of personnel, and expenses incurred to the date of the invoice by expense classification. It is understood and agreed, however, that payment to Consultant of installment payments shall not be construed as a waiver by City of any of its rights herein or of any claim City may have against Consultant under this Agreement . 2 Final payment is based upon Consultant' s compliance with all the terms of this Agreement and City' s acceptance of the services performed under this Agreement and shall be made within thirty (30) calendar days from the date of acceptance by City. Exhausting the total amount payable for activities described in Section 1 above shall not relieve Consultant of its obligations to perform such services . Should City request additional services beyond those specified in Section 1, Consultant' s Duties, Consultant shall charge, and City shall pay, an hourly rate as per the Proposal and per Exhibit B - Fee Schedule. 4 . CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 3 above, and shall only bill for work completed during the billing cycle of the invoice. City shall pay such billings within thirty (30) calendar days of the date of receipt. 5 . CITY' S SHARED DOCUMENTS : City shall furnish the Consultant with all data, information and other supporting services specified in Exhibit A - Scope of Work/Services. 6 . CONSULTANT' S STANDARD OF PERFORMANCE : While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant' s profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise . Consultant shall be responsible for negligent, reckless, or intentional errors and omissions Consultant commits in the performance of this Agreement. 7 . NOTICES : All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel : If to City: Emile Schmid, P.E . City Engineer City of Apache Junction 575 E . Baseline Ave . Apache Junction, AZ 85119 If to Consultant: *** CONTACT NAME , Consultant *** COMPANY NAME HERE *** ADDRESS HERE *** CITY STATE ZIP 3 8 . TERMINATION: This Agreement may be terminated by either Party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Consultant shall be paid for services performed to the date of receipt of such termination notice . In the event of such termination, Consultant shall deliver to City all work in any state of completion at the date of effective termination. 9 . SUBCONTRACTORS : Consultant shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed Subcontractors, if any, and shall not employ any that City may object to for any reason. Consultant agrees that it is as fully responsible to City for the acts and omissions of its Subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Consultant . Nothing contained in the Agreement shall create any contractual relations between any Subcontractor and City. 10 . RECORDS : Records of Consultant' s labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 11 . INSURANCE : Consultant shall secure, pay for and maintain in full force and effect for the duration of this Agreement, Workers' Compensation (if required under the laws of the States of Arizona) , and comprehensive general, automobile, and professional liability insurance coverage described hereinafter, such coverage to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona. Prior to City' s execution of this Agreement and prior to Consultant' s commencement of the services, Consultant shall furnish certificates of insurance and required endorsements from each insurance carrier certifying that policies of insurance have been issued to Consultant in at least the amounts specified herein. 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 4 this Agreement, and shall be issued and delivered to: City Attorney City of Apache Junction 300 E . Superstition Blvd. Apache Junction, AZ 85119 Attn: Richard J. Stern, City Attorney Each certificate of insurance and endorsement shall provide that in the event of anticipated expiration or proposed cancellation of the insurance policy for any reason whatsoever, the insurance carrier shall notify the City Attorney not less than thirty (30) calendar days before the expiration or cancellation is effective . Consultant shall also cause any other professional consulting firm that is retained by Consultant to perform subconsultant work under this Agreement and to obtain and maintain comparable insurance unless covered by Consultant' s insurance . All insurance policies shall contain the following provisions and coverages : Workers' Compensation Insurance This insurance shall be in accordance with the requirements of Arizona Revised Statutes Annotated (A.R. S . ) § 23-900 et seq. for all employees of Consultant. By execution of this Agreement, Consultant certifies as follows : "I am aware and understand the provisions of A.R. S . § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement. " If Consultant has no employees for which workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage . General Liability Insurance All liability insurance shall cover comprehensive general and automobile liability for both bodily injury, including death, 5 and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits : Bodily Injury $250, 000 Each Person (Including death) $500, 000 Each Occurrence $500, 000 Aggregate Products and Completed Operations Property Damage $100, 000 Each Occurrence $250, 000 Aggregate Professional Liability Insurance Professional Liability $500, 000 Each Occurrence Insurance $500, 000 Aggregate A combined single-limit policy will be aggregate limits in the amount of $1, 000, 000 will be considered equivalent to the required minimum limits . 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 City and shall include City as an additional insured for General Liability Insurance . The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " 12 . RIGHT OF CITY TO CONTRACT WITH OTHERS : Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 13 . ENFORCED DELAYS (FORCE MAJEURE) : Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not 6 restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of public enemy, war, terrorism or act of terror (including but not limited to bio- terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors, or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days . 14 . INDEMNIFICATION: Consultant shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorneys' fees, to the extent they arise out of, or is in any way connected with the negligent performance of work under this Agreement by Consultant, or any of Consultant' s employees, Agents or Subconsultants, and from all claims by Consultant' s employees, Subconsultants and Agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that City may have benefited from their services . This indemnification provision shall apply to any and all negligent acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or Consultant' s employees, Subconsultants or Agents . This section shall survive the expiration or early termination of the Agreement. 15 . WAIVER OF TERMS AND CONDITIONS : The failure 7 of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 16 . INDEPENDENT CONTRACTOR: Consultant shall at all times during Consultant' s performance of the services retain Consultant' s status as independent contractor. Consultant' 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 Consultant. 17 . GOVERNING LAW AND VENUE : The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18 . OWNERSHIP OF RECORDS AND REPORTS : All of the files, reports, documents, information and data prepared or assembled by Consultant under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers . 19 . LICENSE : Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain privilege tax license pursuant to Article 8-2-1 of the Apache Junction City Code and keep such license current during the Term of this Agreement. Any activity by Subconsultants within the 8 corporate city limits, will invoke the same privilege tax regulations on any subconsultants, and Consultant shall contract only with subconsultants who possess a current valid City of Apache Junction privilege tax license and shall maintain a copy of the current license on file . The Consultant shall provide reasonable documentation that any subconsultant utilized for this project shall possess a current valid City of Apache Junction business tax license throughout the duration of this Agreement. 20 . NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Consultant. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 21 . ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral . It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 22 . SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws . However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the 9 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 . 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. 24 . COMPLIANCE WITH FEDERAL AND STATE LAWS : Consultant understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 . The following is only applicable to construction contracts : Consultant must also comply with A.R. S . § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R. S . § 34-302, as amended, "Residence Requirements for Employees" . Under the provisions of A.R. S . § 41-4401, Consultant hereby warrants to the City that the Consultant and each of its Subconsultants ("Subconsultants") will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R. S . § 23-214 (A) (hereinafter "Consultant Immigration Warranty") . A breach of the Consultant Immigration Warranty shall constitute a material breach of this Agreement and shall subject Consultant to penalties up to and including termination of this Agreement at the sole discretion of the City. City retains the legal right to inspect the papers of any Consultant or Subconsultant employee who works on this Agreement to ensure that the Consultant or Subconsultant is complying with the Consultant Immigration Warranty. Consultant agrees to assist the City in regard to any such inspections . City may, at its sole discretion, conduct random verification of the employment records of Consultant and any of Subconsultant to ensure compliance with Consultant' s Immigration Warranty. Consultant agrees to assist the City in regard to any random verifications performed. Neither Consultant nor any Subconsultant shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Subconsultant establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and 10 Nationality Act and the E-Verify requirements prescribed by A.R. S . § 23-214 (A) . The provisions of this Section must be included in any contract the Consultant enters into with any and all of its Subconsultants who provide services under this Agreement or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a consultant or subconsultant. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 25 . FEDERAL PROJECT FUNDING: Consultant understands and acknowledges that some of the projects completed under this Agreement may be funded in whole or in part by Federal Funds, including but not limited to Community Development Block Grant (CDBG) funds . Consultant shall retain records related to Federally funded projects per Federal requirements . Consultant and Subconsultants are required to have a DUNS number and be registered on the SAM.gov website . Consultant shall complete a Civil Rights Certification as detailed and described in Exhibit C - Civil Rights Certification, attached hereto and made a part hereof by this reference . The City, as required by national policy, the Arizona Department of Housing and the CDBG Program, is an Affirmative Action Employer and therefore encourages the use of minority business enterprises, women-owned business enterprises and small business enterprises in a rural area whenever possible . Consultant shall complete an Affirmative Action Certification as detailed and described in Exhibit C - Civil Rights Certification. 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: By: Title : CITY OF APACHE JUNCTION, an Arizona municipal corporation JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 12 Exhibit A - Scope of Work/Services * * * Only one of the six service areas shown below will remain in the agreement depending on the service area the consultant was selected for. General Scope of Services : The scopes of work for any on-call projects may include design, specification review and other miscellaneous services for the following not to exceed contract limit service areas listed below. A detailed description of each Service Area is provided below. Service Area 1 : General Civil Engineering Contract Limit: $ 300,000 Sub-elements : * Roadway / Drainage Infrastructure * Traffic Engineering / Transportation * Water Resources / Hydraulics / Hydrology / Floodplains * Water/Wastewater * Design of Concrete Structures (Roadway & Drainage) Scope of Work/Services (including but not limited to) : Development of sound, cost conscious and schedule sensitive project recommendations/solutions; preparation of construction designs/studies/documents etc. for roadway design, bridge culvert design, open channel design, transportation and infrastructure master plans, roadway corridor/alignment studies, roadway design concept reports, water and sewer utility design/planning studies, and Capital Improvement Program financing plans, and facility needs for various departments . Service Area 2 : Water & Wastewater Contract Limit: $ 300 ,000 Scope of Work/Services (including but not limited to) : Water/wastewater studies, modeling, new construction, upgrades, rehabilitation, or other modifications . Typical projects include treatment facilities, pump stations, metering facilities, buildings, offsite improvement line extensions, etc. 13 Service Area 3 : Environmental & Archaeological Contract Limit: $ 100 ,000 Scope of Work/Services (including but not limited to) : Environmental assessments, Phase 1 site assessments if required by other agencies, Phase 2 categorical exclusions, environmental guidelines & clearances relating to federal & state lands, turn- key environmental assessment/remediation, NEPA documentation, Clean Water Act permitting, or other biological/cultural environmental studies as they pertain to Public Works projects . Service Area 4 : Architecture, Planning & Landscape Design Contract Limit: $ 100,000 Scope of Work/Services (including but not limited to) : Traditional architecture building related projects, planning services, and landscape architect services, facilities improvements for various City departments . Service Area 5 : Survey / Right of Way Acquisition Contract Limit: $ 100,000 Scope of Work/Services (including but not limited to) : Boundary/topographic surveys, construction staking, right-of-way acquisition, relocation assistance services and horizontal and vertical control network services (GDACS) . Service Area 6 : Geotechnical Contract Limit: $ 100 ,000 Scope of Work/Services (including but not limited to) : Geotechnical engineering services as they pertain to Public Works projects . 14 Exhibit B - Fee Schedule * * * Blank fee schedule will be provided to selected on-call consultants to fill out and return to Public Works . The completed fee schedule will be attached here 01/06/2015 as part of the agreement. 15 Exhibit C - Civil Rights Certification CERTIFICATIONS CIVIL RIGHTS The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees to abide by the: Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color, or National Origin shall be excluded from participation, denied program benefits, or subjected to discrimination. And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of Race, Color, Religion, Sex, or National Origin. And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual shall solely by reason of his or her handicap be excluded from participation and/or employment, denied program benefits, subjected to discrimination under any program receiving federal funds; And, Housing and Community Development Act of 1974, Section 109, as amended, that no person shall be excluded from participation (including employment), denied program benefits, or subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap under any program or activity funded in whole or part under Title I(CDBG) of the Act. And, Age Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funds. And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment discrimination against "qualified individuals with disabilities." And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or national origin, be discriminated against in housing and related facilities provided with federal assistance, or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the federal government. And, Executive Order 11246, as amended, that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of federal or federally assisted construction contracts in excess of$10,000. 16 EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract,the CONTRACTOR agrees as follows: 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, sex, color, national origin, familial status, religious affiliation or handicap. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color, national origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the GRANTEE setting forth the provisions of this non-discrimination clause. 2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, sex, color, national origin, familial status,religious affiliation or handicap. 3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the GRANTEE's Department of Housing and/or Community Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 5. In the event of the CONTRACTOR's non-compliance with any provision of this contract or with any of such rules, regulations or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation, or order of the Secretary of Labor, or as otherwise provided by law. 6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a) through (f) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the GRANTEE's Department of Housing and/or Community Development may direct as a 17 means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the GRANTEE'S Department of Housing and/or Community Development, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SECTION 503 (if contract$25,000 or over) 1. The CONTRACTOR will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the CONTRACTOR's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the CONTRACTOR's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. 5. The CONTRACTOR will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the CONTRACTOR is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 18 FLY ASH CERTIFICATION The undersigned is fully aware that this contract is wholly or partially federally funded, and further by submission of this bid certifies that the percentage of fly ash in the concrete or cement is or will be consistent with the amounts required by the EPA Guidelines and/or Code of Federal Register 9CFR) for federal procurement of cement and concrete containing fly ash,which is attached. ACCESS TO RECORDS AND RECORDS RETENTION The undersigned certifies,to the best of his or her knowledge and belief that: 1. The individual, sole proprietor,partnership, corporation, and/or association agrees to permit the City of Apache Junction, Arizona Department of Housing Development (ADOH), U. S. Department of Housing and Urban Development (HUD), and the Office of the Inspector General and/or their designated representatives to have access to all records for review, monitoring, and audit during normal working hours. 2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all records for at least five years following the "official Arizona Department of Housing Development "Closeout" date of the grant or the resolution of all audit findings, whichever is later. CONFLICT OF INTEREST The undersigned is fully aware that this contract is wholly or partially federally funded, and further,by submission of the bid or proposal that the individual or firm, certifies that: I. There is no substantial interest, as defined by Arizona Revised Statute §§38-503 through 505, with any public official, employee, agency, commission, or committee with the City of Apache Junction. 2. Any substantial interest, as defined by Arizona Revised Statute §§38-503 through 505, with any public official, employee, agency, commission, or committee (including members of their immediate family) with the City of Apache Junction that develops at any time during this contract will be immediately disclosed to the City of Apache Junction. ANTI-LOBBYING CERTIFICATION The undersigned certifies,to the best of his or her knowledge and belief that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal 19 contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this Certification be included in the award documents for all sub-awards to all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. CERTIFICATIONS SIGNATURE FORM Return this page with proposal. These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped Workers -Section 503, Fly Ash, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of these Certifications is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required Certifications shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. (Typed name of official) (Signature of official) (Typed name of firm) (Date) 20 Affirmative Action Certification The City of Apache Junction, as required by national policy, the Arizona Department of Housing and the CDBG Program, are Affirmative Action Employers and therefore encourage the use of minority business enterprises, women-owned business enterprises and small business enterprises in a rural area whenever possible. Although not required as a part of the proposal, the City of Apache Junction requests your cooperation in submitting the following certification as a part of your proposal. Name of Firm: 1. Minority Business Enterprise Yes_ No A minority business enterprise is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. There is no standard definition of minority used by all federal financial assistance agencies; however, recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Housing under Section 5 of Executive Order 11625. Business firms which are 51 percent owned by minorities, but are in fact managed and operated by non-minority individuals do not qualify. 2. Women Business Enterprise Yes_ No A women business enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business; at least 51 percent of the stock is owned by one or more women; and, (2) whose daily business operations are managed and directed by one or more of the women owners. Business firms which are 51 percent owned by women, but are in fact managed and operated by men do not qualify. 3. Small Business Enterprise in a Rural Area Yes_ No A small business enterprise in a rural area (SBRA) is a business concern that is physically located outside any standard metropolitan statistical area. This Certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. (Typed name of official) (Signature of official) (Typed name of firm) (Date) 21 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. Piz File ID: 14-584 Sponsor: Kevin Koelbel Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion on PZ-7-14 a city initiated request for a proposed rezoning of a +/ -2 acre property, located at 1560 West Superstition Blvd., from Recreational Vehicle Park (RVP)to General Commercial District by Planned Development(B-1/PD), for the purpose of correcting the zoning for a future commercial development opportunity. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 AQCE✓ ,Y z City of Apache Junction R s NA Developmelrt Services Department "``'". Date : December 3, 2014 To: Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director Rudy Esquivias, Senior Planner/Zoning Admin. From: Kevin Koelbel, Planning Intern Subject : December 16, 2014, City Council Work Session Item: PZ-7-14 City Initiated rezoning request of the Casa Del Camino MH Park on behalf of Gayle Chinell . Background This is a city initiated corrective rezoning request on behalf of Gayle Chinell to rezone a 2 . 0 gross-acre property (Final County APN 100-30-031) from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial by Planned Development) . The property had been zoned C-3/PD, but was inadvertently rezoned to RVP as part of the Zoning Ordinance update in May of 2014 . Known as the Casa Del Camino Mobile Home Park, the property is located on the Northeast corner of the intersection of Ironwood Drive and Superstition Blvd. The purpose of this rezoning request is to re-establish an appropriate palette of uses for this commercially designated corner for a future commercial development opportunity. Planning and Zoning Commission Recommendation On November 25, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 7 to 0, subject to all of Staff' s recommended conditions . There was no public comment on the rezoning request . Attachments: PZ Staff Report from November 25, 2014, with all attachments. Planning d• Zoning - Building & Sufely- Reienue De►•eluplrem 300 E. Superstition Boulevard • Apache Junction, AZ 85119 • Ph:(480)474-5083 • Fax(480)982-7010 City of Apache Junction Development Services Department Planning & Zoning— Building & Safety— Revenue Development PLANNING AND ZONING COMMISSION Public Hearing STAFF REPORT DATE: November 25 , 2014 CASE NUMBER: PZ-7-14 APPLICANTS/OWNERS: Gayle Chinell REPRESENTATIVES: Gayle Chinell and Leon Shank REQUEST: City-initiated corrective rezoning from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial District by Planned Development) for a property which was inadvertently down-zoned with the adoption of new City zoning maps . LOCATION: The Casa Del Camino MH Park, totaling approximately 2 acres, is located at the Northeast corner of North Ironwood Dr. and West Superstition Blvd. GENERAL PLAN/ ZONING DESIGNATION: Community Commercial opportunity area; presently zoned RVP . SURROUNDING USES : North: Single-family homes (zoned RS-20M, Medium Density Single-family Detached Residential) ; South: Vacant land (zoned B-I/PD) ; East : Single-family homes (zoned RS-20M) ; West : Ironwood Self Storage (zoned B-1 and B-1/PD) . PZ-7-14 (City-initiated/Chinell) PAGE 2 OF 6 BACKGROUND Sometime around 2000 or 2001, the City constructed street improvements along N. Ironwood Drive, including at the intersection of Ironwood and Superstition. The improvements required the relocation of a fence and the relocation and/or removal of a couple of RV or MH units which were along the west side of the Casa Del Camino Mobile Home Park. This caused some inconvenience to the previous owners (Stuart and Georgia Schroeder) and residents of the property. As a gesture of good will, City staff offered to support the Schroeders in a rezoning of the property for a future commercial use; thus raising the value of the property, and allowing the owners to continue the operation of the rental space park until a commercial develop- ment opportunity presented itself . In January of 2003 , pursuant to case PZ-5-02 , Ordinance No. 1170 , the Casa Del Camino property was rezoned from GR (General Rural) to C-3/PD (General Commercial by Planned Development) . The rezoning of the property, without an actual commercial development plan, but with a palette of future uses, was something that was worked out between the City and the Schroeders . This planned development rezoning allowed the 2 . 0- gross acre property to be positioned for future commercial development . In the ordinance there are several stipulations of approval . Most notably, Stipulation #1, which stipulates the future commercial uses of the property. Eventually the property was sold and acquired by the current owner, Gayle Chinell . Last May, with the adoption of the city' s new zoning ordinance and maps, the subject property was inadvertently rezoned from B-1/PD (General Commercial District by Planned Development, formerly known as C-3/PD) to RVP (Recreational Vehicle Park) . within the last couple of months, Ms . Chinell came into Development Services, saying that she had a commercial developer interested in the property. That is when Staff noticed that the property had been accidentally rezoned back to RVP (probably because of the existing use) . Staff offered to process a City-initiated rezoning; and on October 28 , the Commission gave direction to staff to proceed. PZ-7-14 (City-initiated/Chinell) PAGE 3 OF 6 PROPOSAL This is a city initiated request on behalf of Gayle Chinell to rezone a 2 . 0 gross-acre property (Pinal County APN 100-30-031) from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial by Planned Development) . Known as the Casa Del Camino-East Mobile Home Park, the property is located on the Northeast corner of the intersection of Ironwood Drive and Superstition Blvd. The purpose of this rezoning request is to re-establish an appropriate palette of uses for this commercially designated corner for a future commercial development opportunity. PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The General Plan designates the subject site Community Commercial . Excluding the adjacent corners of the Ironwood Drive and Superstition Boulevard intersection (also designated Community Commercial) , properties within a 1X mile radius of the site are designated Medium Density Single-Family Detached Residential (RS-20M) with lot sizes of 20, 000 sf . The rezoning is in compliance with the General Plan. Zoning/Site Context: The proposed B-1/PD zoning is compatible with the commercial uses to the west, and south of the site . With proper land use controls such as landscape, screening and setback buffers; and by limiting the palette of uses on the site under the planned development zoning, a compatible commercial development site can be reasonably integrated at this location, next to the residential development . Planned Development Zoning: The uses which are stated in Ordinance 1170 include : offices (professional/semi-professional/medical) , eating establishments (drive through types permitted) , deli with incidental beer and wine sales only, florist, electrical appliance store, drug store, grocery store, convenience store with gas sales and dispensing, laundromat, financial services, hardware store, sporting goods store, veterinarian (small animals) , pet store, barber or beauty shop, jeweler and any other similar low intensity uses deemed by the Zoning Administrator to be of the PZ-7-14 (City-initiated/chinell) PAGE 4 OF 6 same general character; specifically prohibiting residential and civic uses, mortuary/crematory, taxicab stand, and pawn shop. Because this rezoning request proposes a palette of uses for this corner, but not a development plan, any future developer of this property must comply with our current development guidelines . if a future developer would want to deviate from the current guidelines or request different more intense uses, then the developer would need to request a Planned Development Amendment from City Council upon recommendation of the Commission prior to the approval of any development plan or building permits . At this time the Commission also has the option to discuss the future aesthetic qualities of any proposed development . Infrastructure Improvements: Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer' s standards any necessary right of ways internal and external to the site . Said improvements may include but not necessarily be limited to the provision of curbs, gutters, sidewalks, driveways, streetlights, retention basins, extension of utility services including sewer, etc . Public Input: At this time staff has had no public input on the case . Planning and Zoning Commission Work Session At the work session on November 12 , the Commissioners had no comments or concerns about the case . Planning Division Recommendation Planning Staff offers the following Recommended Motion, along with a few recommended conditions of approval to re-establish the commercial planned development zoning on the property as it was previously, should the Commission wish to forward a recommendation of approval to the City Council . PZ-7-14 (City-initiated/Chinell) PAGE 5 OF 6 RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENTAL) of rezoning case PZ-7-14 , a city initiated rezoning request on behalf of Gayle Chinell and Leon Shank, for a rezoning of their 2 . 0-acre property from RVP (Recreational Vehicle Park) to B-1/PD (General Commercial by Planned Development) , subject to the following conditions of approval : 1 . ) The permitted palette of uses for the future development of parcel 100-30-031 shall include : offices, professional/semi professional/medical, eating establishments (drive through types permitted) , deli with incidental beer and wine sales only, florist, electrical appliance stare, drug store, grocery store, Laundromat, financial services, hardware store, sporting goods store, veterinarian: small animals, pet store, barber or beauty shop, jeweler and any other similar low intensity uses deemed by the Zoning Administrator to be of the same general character, specifically prohibiting residential and civic uses, mortuary/crematory, taxicab stand, and pawn shop. 2 . ) Any proposed use, site plan, landscape plan and elevations for any future development on the two acre property for a use not within the palette of uses mentioned in ##1 above or for a use which proposes deviations from the city' s standard requirements shall be subject to a Planned Development Major Amendment, pursuant to the Apache Junction City Code, Volume II, Land Develo ment Code, Chapter 1 Zoning Ordinance, Article 1-4-3 Planned Development Zoning District, requiring public hearings before the Planning and Zoning Commission and City Council . 3 . ) Any redevelopment on the site shall require the developers to dedicate and improve to the City Engineer' s standards any necessary right of ways internal and external to the site . Said improvements may include but not necessarily be limited to the provision of curbs, PZ-7-14 (City-initiated/Chinell) PAGE 6 OF 6 gutters, sidewalks, driveways, streetlights, retention basins, etc . 4 . ) Any use or development of said property may be conditioned upon the provision of public improvements , a decorative masonry perimeter wall and landscaping in accordance with the provisions of the city' s landscape and screening requirements and amendments thereto. The provisions of the Uniform Building Code and all other city codes, policies, guides, standards shall apply and control all design and construction of improvements . 5 . ) Any future developers shall pay all applicable development fees prior to the issuance of building permits . 6 . ) All construction shall be done in compliance with all applicable codes and ordinances , including the City of Apache Junction Zoning Ordinance, the Uniform Building Code and the Uniform Fire Code (including but not limited to, the provision of sufficient fire apparatus access roads the marking of fire lanes and the provision of adequate water supplies, sprinkler systems and fire hydrants) . -�r�447 Prepared by Kevin Koelbel Planning Intern Attachments: Exhibit #1 - vicinity and Zoning Map Exhibit #2 - Aerial image of property Exhibit #3 - Site plan map for Casa Del Camino MH Park Exhibit 44 - Ordinance No. 1170 PZ 7-14 CITY INITIATED R✓.ONING REQUEST FOM RVP (RECREATIONAL VEHICLE PARK) TO B-1/PD (GENERAL BUSINESS BY PLANNED DEVELOPMENT) ROUNDUPST 165, 165' 1 .o, Lf cl 165' 169 (55 1 22F ^O 87 B 110' 80' 54A 166 165' 165, 165' 'U 22B m SSA C 22E � � 23J ------- � 89 n 23L 4H i65 42A 24E m 23K 3N 185' � 3M 24K a2B 24F 16v 40 N 77 24J 43B 43A ° 248 165 165' 165, 165' GREASEWDOO ST o O � 30D � O b 29B 29A RM-`l/PD 132' 137 13Z a, 32 Q a 35A � RS/GR 660' SUPERSTMON ST SUBIECI'SITE - ALL PROPERTIES ABOVE ARE ZONED RS-20M UNLESS OTHERWISE NOTED. r f • I � w • v. r75 (jt t t I r I 116 L17- ------------- i r I I ^• t I � 1 1 N I � � � I ;� �• r ;� d tt7 USX DEL. CAMINO MONLE HOME PARK MH Ynldth 14'+Car 9•+Pad 6'=21P+5'(on SldeS)=34' RV VYldth 12,+Car 9'+Pad 6'=27'+3'(On skies) 30' 0 Or, -'.- 5' 57ift — — .. - '� 3 -alI t #7 3 ' _ 31 A w — I 3' -- A O O �. ��' 3� — - 36' 3 21 - -- Tt 1 Att's y 31 Y Office LaU tl� #2 r°9 me p r-WO -- 1 ir 3� 0. a i ' 292' RV=Recreational Vehlde/MH=Moblle Home/PM=Park Mode! CITY LAYOUT 7/15/2012 MHP.OSq 1 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. '+PizoN* File ID: 14-594 Sponsor: Rudy Esquivias Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion on case PZ-6-14, a request by A.T. Meridian Real Estate, represented by Randolph Carter and Grant Tayrien, for approval of a planned development major amendment, proposing to change the plan of development for a General Commercial District by Planned Development (B-1/PD)zoned, 2.66-acre property, located at the northwest corner area of S. Ironwood Drive and W. Baseline Avenue Oust north of the gas station/convenience store), from an 80-room hotel site to a +/ -20,000-square-foot office and retail strip center site. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC � � a U �y z City of Apache Junction qR/ZONP Development Services Department Date : December 3, 2014 To: Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: December 15, 2014, City Council Work Session Item: PZ-6-14 A.T. Meridian Real Estate Rezoning Request Background The property owners, represented by Randy Carter and Grant Tayrien, are proposing to amend the plan of development for their B-1/PD (General Commercial District by Planned Development) -zoned, 2 . 66-acre property, located just north of the northwest corner of S . Ironwood Drive and W. Baseline Avenue from an approved plan for a 31-foot-high, 80 room motel site, to a strip commercial development site . The proposal seeks to provide a commercial, retail and employment multi-tenant strip center on the previously undeveloped property. Planning and Zoning Commission Recommendation On November 25, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the planned development amendment by a vote of 7 to 0, subject to all of Staff' s recommended conditions . A couple of residents from the Desert Harbor MH Park spoke on the request and expressed concerns about intensity and height, and further discussed their concerns with the applicants after the meeting. Attached: PZ-6-14 PZ Staff Report and Exhibits Planning&Zoning-Building&Safety-Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 11% City of Apache Junction Development Services Department Planning & Zoning— Building & Safety-- Revenue Development PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: November 25 , 2014 CASE NUMBER: PZ-6-14 APPLICANT/OWNER: A.T. Meridian Real Estate REPRESENTATIVES : Randy Carter and Grant Tayrien REQUEST: Proposed Planned Development major amend- ment to change the plan of development for a 2 . 66-acre property, from a 3-story hotel site to a 1-story, +/-18 , 000 square-foot office and retail strip center site. LOCATION: The property is located at the northwest corner area of S . Ironwood Drive and W. Baseline Avenue, just north of the gas station/convenience store . GENERAL PLAN/ ZONING DESIGNATION: Community Commercial opportunity area; the property is currently zoned (and is proposed to remain zoned) B-1/PD (General Commercial District by Planned Development) . SURROUNDING USES : North: Desert Harbor MH Park (Zoned MHP, Manufactured Home Park) South: Gas station/convenience store (Zoned B-1/PD) East : Apache Creek Golf Course (Zoned RS- 20 , Medium Density Single-family Detached Residential) West : Desert Harbor MH Park (zoned MHP) 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/carter/Tayrien) PAGE 2 OF 7 BACKGROUND Pursuant to case PZ-23-96 , Ordinance No. 995, the subject property was originally rezoned from TH (Trailer Homesites Zone) to C-3/PD (General Commercial District by Planned Development) back in 1997 . The rezoning included the property immediately south of the site (where the gas station is now) and the original planned development plan called for a restaurant pad at the corner and a motel site to the north of the restaurant (see Ord. #995 and original PD concept plan attached) . Then, pursuant to case PZ-19-98 , Ordinance No. 1062 , a planned development major amendment was approved for the site wherein the proposed restaurant pad was replaced with a plan for the convenience store and gas station that exists there today, but the concept plan for the 31-foot-high motel site remained unchanged (see Ord. #1062 and existing PD concept plan for the property attached) . Both previous concept plans showed that the retention area for the motel site was to be located to the west of the gas station, but was supposed to be part of the motel property—kind of a flag lot type of design. Years went by and eventually the south part of the property was split off from the north 2 . 66 acres and sold, including the part of the property which was/is the retention area for the proposed motel . A shared retention, drainage and cross access agreement was drafted and executed between the owners on this matter. The last development proposal for the subject site was in 2008 , case PZ-3-08 . Quik Trip had proposed to build one of their gas station/convenience stores on the property, right next to the existing gas station/convenience store . The PD major amendment request was ultimately denied by the City Council . The latest update on this property is that under the city' s new zoning ordinance and maps, the old "C-3" zoning district is now called "B-111 . So, the zoning on the subject site is now B-1/PD, but the zoning conditions and concept plan for the site are still those approved under Ordinance No. 1062 . CURRENT PROPOSAL A.T. Meridian Real Estate is proposing to amend the plan of development for the 2 . 66-acre property currently conceptually planned for a motel . Please see their project narrative and concept plans for a strip center type of development to include : 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/carter/Tayrien) PAGE 3 OF 7 two retail or office buildings, 5, 589 square feet and 10 , 257 square feet in size; and two fast food, coffee or restaurant pads, each at about 2 , 500 square feet in size--all together, almost 21, 000 square feet of new retail, office and commercial space . They have also submitted conceptual elevations , floor plans, landscape plan and rendering of the retail/office buildings . The development plan proposes to continue using the off-site drainage and retention area, and to establish and start using the cross access easement to and from the gas station property to the south. The applicants have been advised that said drainage, retention and cross access easement will eventually need to be updated to reflect the final detailed build-out of the property. The landscape plan proposes lush and extensive buffering to the adjacent residential development to the north and west, as well as to create a nice and attractive streetscape . Overall the intensity of development on the property is probably going to be less than a 30-foot-high, 80 room motel . PLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The properties at the northwest corner of Ironwood and Baseline are designated Community Commercial . The MH park which adjoins the property to the north and west is designated High Density Residential; while properties to the east and south (State Trust Land) are designated Master Planned Community. A commercial opportunity area at this intersection, particularly with its high volume of commuter traffic, appears to be logical and serves a community need. The General Plan designation, the existing zoning and the proposed uses are all in sync with each other. Zoning/Site Context: The 2 . 66-acre property is currently zoned B-1/PD, under the city' s newly adopted zoning ordinance, as mentioned in the background information. The site is bordered on the north and west with a residential use whose population fluctuates seasonally with the winter visitors . Eventually, in the Master Planned Community areas, a wide variety of residential, commercial, mixed use, open space and other uses will be developed. The proposed uses on the property are compatible with existing and future planned uses . 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 4 OF 7 Planned Development Request: The conceptual planned development plans are attached for the Commission' s review. The applicants are not asking for any planned development deviations from standard zoning or development requirements, with the possible exception regarding the off-site retention area. The city' s Engineering Guidelines normally require that commercial development sites contain their own retention basin. Because of the former plans and the history of development for this site, what has resulted is an off-site retention basin. The project engineer has informed staff that the retention basin is adequate to serve the subject property and that very little of the run-off generated by the gas station actually goes into the west retention basin. He contends that most of the gas station run-off goes into the landscape areas to the east and south sides of the gas station. As part of the final improvement plans, the project engineer will need to show that is the case, or else some retention may need to be designed on the site of the strip center. Staff will draft a condition to that effect . Street Improvements: The developers of the property will need to comply with the city' s standards for off-site improvements and access . Many of the improvements have already been constructed on Ironwood, but modifications may need to be made (for example, a deceleration lane) . Additionally, the applicants will need to coordinate with the City Engineer on a possible traffic or access study to determine safe access in and out of the property. Detailed engineering will come later at the time of the improvement plans submittal . The main access to the site will be from Ironwood, but as stated earlier, the property will also benefit from cross access across the property to the south. Public Input: Please see the developer' s public participation plan attached. At the Commission' s public hearing on November 25 , staff will present the summary of comments received from interested citizens on the proposed plans, if any. PLANNING AND ZONING COMMISSION WORK SESSION At their work session on November 11, the Commissioners seemed pleased with the proposed new development plan for the property. One concern expressed was regarding the possibility of east bound traffic on Baseline backing up from people wanting access to the site through the gas station' s Baseline driveway, especially since there is no turn lane at that location. 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 5 OF 7 Planning Staff spoke to the City Engineer about this issue . The City engineer commented that the issue of access and circulation and what improvements and controls should accompany the development proposal will be revealed in the traffic study that the applicants are being asked to conduct . At this point, it may be premature to ask for controls that ultimately may not prove effective . However, he also commented that if needed, there may be space within the existing right of way on Baseline to accommodate wider lanes or possibly a turn lane . PLANNING DIVISION RECOMMENDATION Staff generally supports the new PD plan proposal by A.T. Meridian for the subject property. We believe it is a good, quality infill project and will serve a neighborhood and community need. Staff offers the following recommended conditions of approval for the Commission' s consideration. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENTAL) of case PZ-6- 14 , a Planned Development Major Amendment request by A. T. Meridian Real Estate, represented by Randolph Carter and Grant Tayrien, proposing to change the plan of development for their 2 . 66-acre, B-1/PD (General Commercial District by Planned Development) zoned property, located at the northwest corner area of W. Baseline Avenue and S . Ironwood Drive, from a motel site to a retail/commercial strip retail development, subject to the following conditions of approval : 1) The property owners shall dedicate and improve any necessary rights-of-way on S . Ironwood Drive, as required by the City Engineer, in accordance with the city' s Engineering Guidelines and in accordance with any traffic study recommendations made for the property. 2) The retail/office buildings and the commercial pads shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan, conceptual elevations and landscape plans, and proposed access configuration. 300 E. Superstition Boulevard • Apache Junction, AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 6 OF 7 3) Future uses on the B-1/PD-zoned property shall include those uses normally allowed under the B-1 base zone, except for the following uses : pawn shop, tattoo and/or piercing establishment, storage businesses of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores, used auto sales , auto or motorcycle repair shops, medical marijuana uses, or other uses determined by the Zoning Administrator to be incompatible with a retail/commercial/office strip center. 4) The future monument sign shall complement the archi- tecture of the buildings, including style, color and materials, and shall be subject to Planning Staff review and approval . 5) All businesses proposing to locate on the property shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements . Any future building shall incorporate similar or compatible architectural styling as the buildings on the west side of the property. Requested deviations from the provi- sions of this ordinance or B-1 zone standards shall require a separate Planned Development amendment process . 6) A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure facilities for a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer' s expense . 7) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances, except as otherwise conditioned herein. 8) The off-site retention basin will be allowed because of the history of this specific PD site and the way existing improvements have been constructed on the property. The off-site basin represents a deviation from the city' s 300 E. Superstition Boulevard • Apache Junction, AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 PZ-6-14 (AT Meridian/Carter/Tayrien) PAGE 7 OF 7 Engineering Guidelines, Section 10-4-2 Stormwater Standards . 9) The developer' s Civil Engineer, on the final improvement plans, shall demonstrate that there is adequate retention on the gas station parcel to accommodate the new development site; or that adequate retention will be provided between both parcels to handle both development sites . 10) The developers shall have drafted a new shared retention, drainage, cross access and maintenance agreement, to be agreed upon and executed between the two property owners of the PD site, to include specifically described retention basin areas and to be reviewed and approved by the Development Services Engineer prior to recordation. Prepare R y Esquivias Senior nne /Zoning Administrator Attachments: Exhibit 41 - PZ-6-14 Application Exhibit #2 - Project Narrative and Public Participation Plan Exhibit #3 - PZ-6-14 Vicinity Map and Aerial Map Exhibit #4 - ordinance #995 - Original Rezoning and PD Concept Pian Exhibit #5 - Ordinance #1062 - 1't PD Amendment and Revised PD Plan Exhibit 46 - Proposed Elevation Rendering and Color Chart Exhibit #7 - Proposed Site Plans, Landscape Plan, Floor Plans and Elevation Drawings 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480)982-7010 Z EXHIBIT A: Planning and Zoning Application Form •.Y e. QQkd Use Only: Filing Date_ Staff Fees Rorelved Case TYPE OF APPLICATION —Annexation _Abandonment(Plat/Easement/ROW) -Board ofAdJustment Cargo Container Permit _Certificate of Legal Nonco-iformtty _Conditional Use Permit Development Agreement _Development Plan Review `General Plan Amendment _LotSplfts,Iolns&Adjustments _OrdlnanceText Amendment Xplanned Development~eNIVIVIewr Preliminary/Final Plat —Preliminary Development Rcylew _Slgn Permit _Special Use Permit `Temporary Use Permits —Zoning Map Amendment Other SITE INFORMATION SITEADDRFSS/LOCATION: 11J2 S.I t,.tab 120_ ASSESSORS PARCEL NUMBER 102- I1,DO7p GR055 AREA:_2.(;;C Am� NET AREA 2,.(fie AC: EXISTING ZONING G 3 b BRIEF DESCRIPTION OF THE PROPOSED REQUEST: et-IMF beJb���u�' P.OJtew OF 4z�tL cE5NT>�c q00 P,rtJILb{►.)6� a tot2571 Str 13UlLVINca e�+�nlN�s, �uGwvs�g A POLL'/ L; t sCr�. APPLICANT INFORMATION PropertyOwner(s) 46,%'2r. M>RFC2LA4J PJO;54- E�9;r.6.,—t->;✓ Address Phone NumherAft)2412. r-.Fax Number Email��101"t'G�Y1Q1'L�a �C�.oLVt Applicant Contact Person/Project Manager Address �L�' {�•�p���' �+ - 11Ti�r��Eau* Phone Numbe a Fax Number Email `" �'-1 .Ci►IA Archltect/Engfneer Address Phone Number ax Nu er(W-24—.&z Emall 8edc�l�i1 1A'e�o► +i.�dn► l OWNERS SIGNATURE: DATE: 6-18-2014 version EXHIBiT B PROPERTY OWNER CERTIFICATION FORM I/We certify that: I/We are the owner(s)of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application Instructions and have truthfully completed this application. I/We understand thatthe City has the option of either approval or denial of this request following conduct of a Public Hearing. I/We, being the owner(s) of the property In this application, have appointed 6 'GR as my/our representative agent.I/We have authorized him/her to do whatever Is necessary to have this r quest considered favorably by the Oty of Apache Junction and agree that all correspondence relation to this matter should he delivered to him/her. PLEASE PRINT Property Owner A.M. Wa4120k*j Z80NI, es-Ti-Cm Address Phone Number Fax Number Email �.e,p,A Property Owner Address Phone Number Fax Number Email Property Owner Address Phone Number Fax Number Email STATE OF ARIZONA ) The fore o Instrunont was acknowledged before me this day of 20 COUNTY OF PINAL ) Notary Public My Commission Expires:] �- 6-18-2014 version O11YIA KAY MCSHANE Notary Public-ArIzone Plnal County Camm.Explrei Jul1D,201 A*MY 8ketcli Architecture Company Desert Harbor Commercial Development 3752 S. Ironwood Road A.P.N. 102-19-997D 24 October 2014 Sketch Architecture Company hereby submits the Project Narrative for the Planning and Zoning application and for the review and public meetings associated with the case. The project is located on the NW corner of Ironwood and Baseline behind an existing gas station/convenience store and is 2.66 acres in size. The project consists of a small retail center of two buildings (5,589 sf and 10,257 sf) and two pads for future fast food/coffee/restaurant/or other use. Each pad will utilize a building footprint of approximately 2.500 sf. The site will be fully developed and will affect the convenience store to the south with the joint shared retention basin that will be upgraded and new dumpsters built. Owner: A.T. Meridian Real Estate 20427 E. Colt Dr. Queen Creek, AZ 85142 Current Zoning: C3/PD The pad sites will not be designed at this time and the building footprints shown are place holders only and do not represent what might be built. The retail buildings utilize a somewhat "western" influence echoing the "old west" in a contemporary form and referencing the "old west" fa4ade buildings with flat parapets and the one or two buildings having a higher gable or other roof form. Color will be somewhat lively in nature (as shown in the rendering below) and will help articulate the fagade forms and varying the front elevation of the building. The back and sides will be enhanced by periodic pilasters to help break up the long facades. Landscaping in the landscape setback and retention area will further help soften the hard lines of the building. Overall the look with be of a relaxed, upbeat, commercial center. The landscaping is a combination of drought resistant plant material and compliments the building with the use of desert type landscaping. Islands, with trees and shrubs, will help mitigate the "heat sink" of the parking lot. Af er _ 2454 E. Southern Avenue Suite 110 Mesa,AZ 85204 480-668-8015 480 668-8032 fax S. keten Architecture Company Public Participation Plan for Desert Harbor Project Date: 24 October 2014 Purpose: The purpose of this Public Participation Plan is to inform citizens, property owners, neighborhood associations, agencies, schools and businesses in the vicinity of the site of a PAD application for the Desert Harbor Project. This site is located just North of the NWC of Baseline and Ironwood Roads on the West side behind the convenience store/gas station. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Contact: Randy Carter, AIA, NCARB Sketch Architecture Company 2454 E. Southern Avenue, Suite 110 Mesa, AZ 85204 480 668-8015 off 480-668.8032 fax randy@sketcharchitecturecompany.com Action Plan: In order to provide an effective public participation in conjunction with our application, we have taken the following actions: 1) A contact list for businesses, residences and agencies has been established. a) All homeowners associations were reviewed per Pinal County GIS Maps (See attached Neighborhood List and Map). b) All neighbors within 300' of property (See attached Neighborhood List and Map) 2) All persons listed on contact list will receive a letter describing the project, tentative project schedule and a site plan, elevation plan, and landscape plan of proposed project. 3) Presentations will be made to groups of citizens or neighborhood association upon request. If presentations are requested and made City of Apache Junction will be notified and given the information resulting from the meetings (i.e. sign-in sheets, handouts, etc.). Schedule: Application Submittal— Submittal of Citizen Participation Report and Notification— Planning and Zoning Board Hearing— PZ ,mG ,m14 A PLANIIFD M-VV;L.OPMf�NT MA-309 AMI�NDMENrt Rt�(D.Uvls-r PROPOSING AN Opp i C �,�i D R TAIL 57 R 1 P Ct-� N'M R s 1"C p,, A-r moRT-H- WesT GoRNF-R NREA, or- 5. IRONWOOD DR. AND W. [U.S. Hw-r. 60) Inn c FINAL COUMTY ar � 0 G � 0 W � 94_81 W 36TM AVE - �--------- ( I Z MHP t W � oil W B-1/PD , k I� W BASEU14E COMMERMIL ZONF-5 : 8-1 / pu) Rt�51DF-uCt� ZO S: GR) ,MHSP, RS-20 KS-7/PD •. L �L 1 i _ t r _ 1 1 _• li � r n d _ _tit, Ob a W lm r f ORDINANCE NO. 995 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION. ARIZONA_ ZONINGOROINANCE, BY AMENDING THE ZQNINQ D15TRICT MAPCITY QF APACHE N T N ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE NO. PZ-96-23 FROM TH (TRAILER HOMESITE) TO C-3/PD (GENERAL COMMERCIAL BY PLANNED DEVELOPMENT) FOR THE PURPOSE OF DEVELOPING A MOTEL AND RESTAURANT; REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Ma . City of Apace `unction. Arizona, for the parcels of land described as : The Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range B East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. be and hereby is amended from TH (Trailer Homesite) to C-3/PD (General Commercial by Planned Development) : subject to the following stipulations: 1 . The subject property shall be developed within 24 months of rezoning approval or the zoning may revert to its former classification in accordance with 5QQLiQ19.0111 .4 of the Zoning Ordinance. 2. That the development of the property conform to the approved site plan. 3. The maximum height allowed for the motel is 31 ' . The restaurant will not exceed the 30' maximum height limit. ORDINANCE NO. 995 PAGE ONE OF THREE 4. The proposed development shall comply with all the requirements outlined by the City's Engineering Department in the memorandum dated April 21 . 1997. S. Development of this project will comply with the Uniform Building Code and all other applicable standards as adopted by the City of Apache Junction. SECTION II REPEALING ANY CONFLICTING _PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. - SECTION III PROVIDING FOR SEVERABIL.ITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH DAY OF MAY 199_. SIGNED AND ATTESTED TO THIS 20TH DAY OF MAY 199 7. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 995 PAGE TWO OF THREE APPROVED AS TO FORM: WILLIAM FARRELL Interim City Attorney ORDINANCE NO. 995 PAGE THREE OF THREE 1 ,••I�.�J%� `��`'��G =tiG fir,;, MOM PAN Fil ?Yi` N•�' 1 ••� ��� Phil doll /a► ■q/•t11/ a■ •�1� w llsoln 7.7 Now SHE ME %�� flll�i KID ■■ �'!: ..;,,,; ill■� is !!!f!MlIgNl�fl�[N!q !qln: Z. 1O✓61,M ORDINANCE NO. 1062 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A MAJOR AMENDMENT TO AN EXISTING PLANNED DEVELOPMENT DESIGNATION FOR THE DEVELOPMENT OF A CONVENIENCE STORE WITH PETROLEUM PUMPS, TO BE LOCATED AT THE NORTHWEST CORNER OF SOUTH IRONWOOD DRIVE AND WEST BASELINE ROAD; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land described as: The Southeast quarter of the Southeast quarter of Section 31, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona. Except the North 30 feet, the East 50 feet and the South 50 feet thereof, currently zoned as C-3/PD (General Commercial by Planned Development) , hereby is amended to allow the development of a convenience store with car wash and petroleum pumps, subject to the following conditions : 1 . The development of the subject 4+ acres shall conform to all requirements of the City of Apache Junction, and all applicable agencies with regard to development require- ments and standards . 2 . Off-site improvements shall be completed in accordance with the requirements of the City of Apache Junction, as indicated in the initial rezoning, City of Apache Junction Development Services Department Case File PZ-96- 23, and Ordinance No . 995. 3 . Development of this project shall comply with the Uniform Building Code and any and all other applicable standards as adopted by the City of Apache Junction. ORDINANCE NO. 1062 PAGE ONE OF THREE 4 . Ordinance No. 995 was adopted on May 20, 1997 . Planned Development designations are valid for a period of 2 + months from the date of City Council approval . Try original Planned Development classification is eligible for reconsideration and possible reversion by the City Council any time after May 20, 1999, if substantial development has not occurred on the subject property. 5. The convenience store site shall be developed in accordance with the elevations and conceptual plan contained in the City of Apache Junction Development Services Department Case File PZ-98-19. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF OCTOBER , 1998 . SIGNED AND ATTESTED TO THIS 6TH DAY OF OCTOBER , 199 8 . 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Piz File ID: 14-596 Sponsor: Kathy Connelly Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion on proposed Resolution No. 14-46, authorizing the city to enter into an Intergovernmental Agreement with the Arizona Department of Revenue modifying its auditing authority. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 9, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 15, 2014 WORK SESSION AND DECEMBER 16, 2014 REGULAR MEETING — LICENSING AGREEMENT AND AUDIT MODIFICATION INTERGOVERNMENTAL AGREEMENT As part of the ongoing efforts to comply with HB2111 (tax simplification)Arizona cities and towns who conduct their own audits and collect transaction privilege tax license fees have been asked to adopt two agreements that provide new and/or continuing local authority in these two areas. Licensing Agreement — HB 2111 provided for a single point of licensing (transaction privilege tax license) by the ADOR for all state, county and municipal taxing jurisdictions as of January 1, 2015. ADOR is not ready to take on this function at this time so it will remain with the city through this agreement. Audit Modification Intergovernmental Agreement— HB 2111 also provided for changes in the audit process with some authority going to ADOR and some remaining with the city or town. In order for us to work on new audits after January 1, 2015, an amendment to the IGA adopted in 2008 is necessary. This amendment will allow us to continue to do new single jurisdiction audits after January 1, 2015. Please note that this is considered an interim IGA that will allow cities and towns limited audit authority while a more comprehensive agreement is crafted. There are several audit-related issues that need to be addressed such as sharing of information, assessment modifications, audit requests and amended audits and tax returns. Please let me know if you have any questions. RESOLUTION NO. 14-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE MODIFYING ITS AUDITING AUTHORITY. WHEREAS, in 1979, the City of Apache Junction ("City") and the Arizona Department of Revenue ("DOR") entered into an intergovernmental agreement ("IGA") allowing City to collect transaction privilege taxes; and WHEREAS, in 1988, the City passed two resolutions (Resolution Nos . 88-10 and 88-28) which established the City' s authority for audits, storage and destruction of confidential tax information; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by DOR for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to facilitate the auditing responsibilities for cities and towns; and WHEREAS, DOR and City are still negotiating a comprehensive IGA in accordance with the modified statutory provisions and desire to enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed; and WHEREAS, consequently, because of the administrative delay, DOR and the City desire City to retain the ability to conduct tax audits and disclose tax information for those persons and entities who engage in taxable activities in the City at least through January 1, 2016; and RESOLUTION NO. 14-46 PAGE 1 OF 2 WHEREAS, the Parties are authorized to enter into the attached IGA pursuant to A.R. S . § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Modification to Intergovernmental Agreement Between the State of Arizona and the City of Apache Junction for Transaction Privilege Tax Audits", a copy of which is set forth in "Attachment A" . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-46 PAGE 2 of 2 ATTACHMENT A MODIFICATION TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION FOR TRANSACTION PRIVILEGE TAX AUDITS RECITALS A. The Arizona Department of Revenue, ("DOR") and City of Apache Junction ("City") entered into successive intergovernmental agreements ("IGA"s), the latest being in 2008, regarding the administration of taxes imposed by the State or City. B. The Arizona Legislature has enacted legislation amending the provisions of A.R.S. § 42-6001 etseq. that take effect January 1, 2015. C. DOR and City are negotiating a comprehensive IGA in accordance with the modified statutory provisions and enter into this modification to the IGA in order to provide an interim method for disclosure of information and audits until the comprehensive agreement is completed and executed. AGREEMENT The Parties agree to modify the IGA as follows effective January 1, 2015: 1. Additional Disclosure of Information by Department of Revenue to City. In addition to the information set forth in the IGA, and subject to the same constraints outlined in the IGA, DOR shall provide to the City information relating to transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and any other tax colleced by DOR on behalf of any jurisdication if the information relates to a taxpayer who is or may be taxable by a county, city or town or who may be subject to audit by DOR pursuant to A.R.S. § 42- 6002. 2. Audits. DOR shall administer the audit functions for the City's taxpayers in accordance with the following provisions. 2.1 Standards: All audits shall be conducted in accordance with standard audit procedures defined in the DOR audit manual. 2.2 Training: All auditors shall be trained in accordance with the policies of DOR. 2.3 Conflict of Interest: An auditor that is trained and authorized to conduct an audit may not represent any taxpayer in any tax matter. 2.4 Single City Audits: City may conduct an audit of a taxpayer that is engaged in business only in City. Before commencing such audit, City shall notify DOR. 2.5 Other Audits: DOR shall conduct all audits of taxpayers that have locations in two or more cities or towns unless DOR expressly authorizes City to conduct such an audit. 2.6 Jurisdictions Included in Audit: All audits shall include all taxing jurisdictions in this State regardless of which jurisdiction conducts the audit. 2.7 Assessments: DOR shall issue all audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. 2.8 Appeals: Appeals of audit assessments shall be directed to DOR and shall be administered pursuant to A.R.S. § 42-1251 etseq. 2.9 Notice: DOR shall notify City before entering into any compromise, closing, settlement or other agreement with a person related to the tax levied and imposed by City. 3. Merger. All other terms of the IGA not in conflict with this modification or the statutory amendments remain in full force and effect until the IGA is terminated. 4. Signature Authority. 31.1 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. 31.2 This IGA may be executed in counterparts. ARIZONA DEPARTMENT OF REVENUE: By: Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation: By: John S. Insalaco Its: Mayor ATTEST: By: Kathleen Connelly, City Clerk APPROVAL AS TO FORM Attorney General document no. , which is an agreement between public agencies, has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Arizona Department of Revenue represented by the Attorney General. Assistant Attorney General 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, City Attorney Date City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 14-597 Sponsor: Kathy Connelly Agenda Date: 12/15/2014 Index: In Control: City Council Work Session Presentation and discussion on proposed Resolution No. 14-45, allowing the city to continue to collect transaction privilege tax licensing fees. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 9, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 15, 2014 WORK SESSION AND DECEMBER 16, 2014 REGULAR MEETING — LICENSING AGREEMENT AND AUDIT MODIFICATION INTERGOVERNMENTAL AGREEMENT As part of the ongoing efforts to comply with HB2111 (tax simplification)Arizona cities and towns who conduct their own audits and collect transaction privilege tax license fees have been asked to adopt two agreements that provide new and/or continuing local authority in these two areas. Licensing Agreement — HB 2111 provided for a single point of licensing (transaction privilege tax license) by the ADOR for all state, county and municipal taxing jurisdictions as of January 1, 2015. ADOR is not ready to take on this function at this time so it will remain with the city through this agreement. Audit Modification Intergovernmental Agreement— HB 2111 also provided for changes in the audit process with some authority going to ADOR and some remaining with the city or town. In order for us to work on new audits after January 1, 2015, an amendment to the IGA adopted in 2008 is necessary. This amendment will allow us to continue to do new single jurisdiction audits after January 1, 2015. Please note that this is considered an interim IGA that will allow cities and towns limited audit authority while a more comprehensive agreement is crafted. There are several audit-related issues that need to be addressed such as sharing of information, assessment modifications, audit requests and amended audits and tax returns. Please let me know if you have any questions. RESOLUTION NO. 14-45 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF REVENUE ALLOWING THE CITY TO CONTINUE MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES . WHEREAS, starting in 1979, the City of Apache Junction ("City") exercised its authority to collect transaction privilege taxes from individuals and private entities whose business activities were subject to A.R. S . Title 42 taxation; and WHEREAS, in 2013, the Fifty-First Arizona Legislature adopted House Bill 2111, which proposed an "integrated, coordinated and uniform system of tax administration and revenue collection" for the state including a coordinated method of collecting state and municipal transaction privilege and affiliated excise taxes by January 1, 2015; and WHEREAS, the legislature also provided for a single point of licensing by the Arizona Department of Revenue ("DOR") for all state, county and municipal taxing jurisdictions; and WHEREAS, despite the directive in the new law, at this time, DOR is not able to begin issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in taxable business activities in the City; and WHEREAS, because of the administrative delay, DOR and City desire City to retain the ability to process transaction privilege license applications and issue municipal transaction privilege licenses for those persons who engage in taxable activities within the City at least until January 1, 2016; and WHEREAS, the Parties are authorized to enter the attached intergovernmental agreement pursuant to A.R. S . § 11-952 . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : The Council hereby approves, and the Mayor is authorized to execute, what has been labeled as "Intergovernmental Agreement Between the Arizona Department of Revenue and the City of Apache Junction for Continuation of Municipal RESOLUTION NO. 14-45 PAGE 1 OF 2 Transaction Privilege Tax License Services", a copy of which is set forth in "Attachment A" . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-45 PAGE 2 of 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARIZONA DEPARTMENT OF REVENUE AND THE CITY OF APACHE JUNCTION FOR CONTINUATION OF MUNICIPAL TRANSACTION PRIVILEGE TAX LICENSING SERVICES Pursuant to A.R.S. § 42-1004, this Agreement is developed and entered into by and between the Arizona Department of Revenue ("DOR") and the City of Apache Junction ("City"), both collectively referred to as the "Parties". RECITALS A. Due to changes in State law in Title 42, as of January 1, 2015, DOR will be responsible for issuing annual municipal privilege tax licenses and tax license renewals to persons who engage in a taxable business activity within City. B. DOR is notable to begin licensing such persons at this time. C. City has the ability to process applications and issue municipal privilege tax licenses to persons who engage in a taxable business activity in City. AGREEMENT THEREFORE the Parties agree City shall perform municipal licensing services on behalf of DOR as follows: A. SCOPE OF SERVICES 1. For persons who engage in a business activity in City that require a municipal privilege tax license, City will process the municipal privilege tax license application, issue the municipal privilege tax license, and renew such license for calendar year 2015. 2. Upon application for a municipal privilege tax license, City may charge persons who will be engaged in a taxable business activity in City a fee as specified in A.R.S. § 42-5005(B), effective January 1, 2015. For persons who apply for a license renewal, City may charge a municipal privilege tax license renewal fee as specified in A.R.S. § 42-5005(D), effective January 1, 2015. All fees collected pursuant to this section shall be in accordance with A.R.S. § 42-1001 et seq. 3. City shall provide DOR with licensing information for all persons who obtain a new municipal privilege tax license and/or renew their municipal privilege tax license under the terms of this Agreement. 4. To the extent required by City to perform licensing services under this Agreement, DOR shall provide City with licensing information. Any information provided by DOR shall be treated as confidential pursuant to A.R.S. § 42-2001. 5. Nothing in this Agreement shall be interpreted to limit or preclude the City's ability to do what is otherwise authorized by law. B. FINANCING City shall be responsible for, and shall not charge DOR a fee for, the expenses incurred for the services City provides to DOR under this Agreement. All fees collected by City under the terms of this Agreement are the property of the City and shall be retained by City. C. DURATION This Agreement is entered into and is effective on the date it is executed by both Parties and shall expire December 31, 2015 unless terminated earlier by the mutual written agreement of the Parties. D. GENERAL TERMS AND CONDITIONS 1. This Agreement is subject to cancellation under A.R.S. § 38-511, cancellation of State contracts. 2. Pursuant to A.R.S. §§ 35-214, 35-215 and 41-2548, the Parties must keep all books, accounts, reports, files and other records relating to this Agreement for a period of five (5) years after the completion of this Agreement. All records shall be subject to inspection and audit by the State at all reasonable times. 3. To the extent required by A.R.S. §§ 12-1518(B) and 12-133, the Parties agree to resolve any dispute arising out of this Agreement by arbitration. 4. The Parties agree to comply with Arizona Executive Order No. 2009-09 and any other Federal or State laws relating to equal opportunity and non- discrimination, including the Americans with Disabilities Act. 5. This Agreement may be amended or modified by written agreement approved and executed by DOR and City. 6. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of Parties or as requiring the Parties to expend any sum in excess of its appropriations. E. NOTICES All notices regarding this Agreement shall be sent to the following addresses: DOR: Arizona Department of Revenue Audit Division/Cities Unit 1600 W. Monroe Phoenix, AZ 85007 City: City of Apache Junction City Clerk's Office 300 E. Superstition Blvd. Apache Junction, AZ 85119 By signing below, the signer certifies that he or she has the authority to enter into this Agreement and has read the foregoing and agrees to accept the provisions herein. ARIZONA DEPARTMENT OF REVENUE: By: Printed Name: Title: Date: CITY OF APACHE JUNCTION, an Arizona municipal corporation: By: John S. Insalaco, Mayor Date: ATTEST: By: Kathleen Connelly, City Clerk 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. , Assistant Attorney General 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, City Attorney Date