HomeMy WebLinkAbout2020 03.16 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1U Z at City Hall
Agenda 300 E.Superstition Blvd.
\gilONr Apache Junction,AZ
City Council Work Session 85119
apachejunctionaz.gov
Ph:(480)982-8002
Monday, March 16,2020 7:00 PM City Council Chambers
A. CALL TO ORDER
B. ROLL CALL
C. AGENDA ITEMS
1. 20-102 Presentation and discussion of proposed Resolution No. 20-06,
authorizing the City of Apache Junction Police Department to enter into
an intergovernmental agreement with American Charter Schools
Foundation to provide a grant funded school resource officer at
Apache Trail High School.
Sponsors: Thomas Kelly
Attachments: Apache Trail HS SRO Memo
Resolution No.20-06 IGA with Apache Trail HS for SRO
2. 20-104 Presentation and discussion on proposed changes to the fiscal year
2020-2021 Agreement for Health and Human Services.
Sponsors: Heather Patel
Attachments: staff report
agreement with proposed changes
3. 20-138 Presentation and discussion of incompatible uses, zoning, legal
nonconformities and the historical development pattern of the
commercial corridor of Ironwood Drive between Apache Trail and
Broadway Avenue.
Sponsors. Larry Kirch
Attachments: Presentation
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
City Council Work Session Agenda March 16,2020
4. 20-129 Presentation and discussion on PW2019-53; award of bid for the
supply, delivery and application of asphalt emulsion to various street
locations throughout the city for chip sealing street maintenance
operations, for a total amount not to exceed $750,000.00 for the
potential life of the contract.
Sponsors: Shane Kiesow
Attachments: PW2019-53 Emulsions WS submittal letter
DRAFT PW2019-53 Agreement-Western Emulsions
Presentation Chip Seal Materials Slides WS Mar2020
5. 20-130 Presentation and discussion on PW2019-54; award of bid for the
supply and delivery of pre-coated chip to various street locations
throughout the city for chip sealing street maintenance operations, for
a total amount not to exceed $500,000.00 for the potential life of the
contract.
Sponsors: Shane Kiesow
Attachments: PW2019-54 Pre-Coated Chips WS submittal letter
DRAFT PW2019-54 Agreement-Cholla Pavement
Presentation Chip Seal Materials Slides WS Mar2020
6. 20-101 Discussion on city noise ordinance.
Sponsors: Robert Schroeder
Attachments: Noise Ordinances
D. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617
or TDD(480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
City of Apache Junction,Arizona Page 2 Printed on 6/16/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
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z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 1.
�Pii File ID: 20-102
Sponsor: Thomas Kelly Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Presentation and discussion of proposed Resolution No. 20-06, authorizing the City of Apache
Junction Police Department to enter into an intergovernmental agreement with American
Charter Schools Foundation to provide a grant funded school resource officer at Apache Trail
High School.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
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Apache Junction Police Department
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Memorandum
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DATE:February 25,2020
TO:Honorable Mayor and Mem rTa the City Council
FROM:Thomas E.Kelly,Chief o Poli
SUBJECT:Resolution No.20-06:1 A with ity of Apache Junction
and Apache Trail High Sc of
Apache Junction Police Department(AJPD)has been asked to partner with Apache
Trail High School(ATHS)in providing them with a school resource officer(SRO)with
the position being filled by an AJPD sworn police officer.The position will be 100%
funded(salary and benefits)by a grant secured by ATHS for 3.5 years.ATHS has
committed to pay for any training the officer will need in order to fulfill the requirements
of the grant and ATHS has expressed its desire to go beyond the 3.5 year commitment
should it locate additional funding.
Resolution No.20-06 which includes an intergovernmental agreement between the City
and ATHS.AJPD requests council approval of this partnership.The assigned officer
would perform the following:
•provide law enforcement and police services to the students,administration,
campus and the areas in the immediate proximity to the school,will take reports,
investigate criminal incidents and enforce state and city ordinances.
•regularly patrol the campus to deter criminal or delinquent activities;monitor
uniform crime reporting statistics(UCR)and act as a liaison between AJPD and
ATHS.
•develop and foster a partnership with ATHS administrators in order to create a
secure and safe learning environment for students;assist school administrators
to enforce their own policies and procedures;protect school administrators while
weapons and/or illegal drug searches are conducted.
•be present in situations where a student's emotional state may present a risk to
other students and staff members;and work in tandem with school administrators
in emergency crisis planning and facility security.
•be a highly visible participant within the school community by planning,regularly
attending and participating in school-related events and functions;and build
working relationships with the school's staff and parent/teacher organizations.
•develop and teach classes with an emphasis on the positive role of police officers
in society and other law-related education topics;
•work with academic advisors and behavioral coaches in providing outside agency
student services.
•interact with students in the classroom and in the common areas with the
intention of promoting law enforcement as a profession and to serve as a positive
role model to students.
RESOLUTION NO. 20-06
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF
APACHE JUNCTION, ARIZONA TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH AMERICAN CHARTER
SCHOOLS FOUNDATION DBA APACHE TRAIL HIGH SCHOOL FOR A
GRANT-FUNDED SCHOOL RESOURCE OFFICER.
WHEREAS, the City of Apache Junction ("City") and the
American Charter Schools Foundation dba Apache Trail High School
("School") desire to enter into an intergovernmental agreement
("IGA") allowing City to assign a police officer as a full-time
school resource officer ("SRO") ; and
WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 15-362 (13) and
15-364, cities and schools may enter into intergovernmental
agreements with each other for joint or cooperative activities;
and
WHEREAS, School will pay the officer' s salary, medical and
dental insurance, retirement, and social security; and
WHEREAS, the parties have crafted the attached IGA which
formalizes the arrangement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS :
1) The mayor and city council hereby approve the attached form
of the IGA between City and School and the mayor is hereby
authorized to sign the agreement.
2) The city manager or his designee is authorized and directed
to take all steps necessary to carry out the purpose and
intent of this resolution and to fulfill all the duties
required under the IGA.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 20
SIGNED AND ATTESTED TO THIS DAY OF , 20
RESOLUTION NO. 20-06
PAGE 1 OF 2
JEFF SERDY
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 20-06
PAGE 2 OF 2
ATTACHMENT A
INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION
AND AMERICAN CHARTER SCHOOLS FOUNDATION TO PROVIDE A GRANT
FUNDED SCHOOL RESOURCE OFFICER AT APACHE TRAIL HIGH SCHOOL
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made as
of the day of 20_, ("Effective Date") by and between CITY OF
APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and
AMERICAN CHARTER SCHOOLS FOUNDATION dba"Apache Trail High School",
an Arizona Charter School ("School"). City and School are sometimes referred to
herein collectively as the "Parties," or individually as a "Party."
RECITALS
A. School desires City to assign a police officer to School to perform as a
school resource officer ("SRO"), and to assist in the development and
implementation of a school safety program and a law-related education program
(referred to collectively as the "School Safety Program"), and City is willing to
assign a police officer to School for such purposes under the terms and conditions
of this Agreement.
B. The Parties are authorized by A.R.S. §§ 15-342(13) and 11-952 to enter
into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration, the
receipt and adequacy of which is hereby acknowledged, the Parties agree as
follows:
1. Services. City shall assign one police officer to School seven (7) days
prior to the commencement of the school year until the end of that school year to
perform SRO duties at Apache Trail High School located at 945 West Apache Trail,
Apache Junction, Arizona, 85120.
2. Term and Termination. This Agreement shall commence on the effective
date and shall continue until May 31, 2023. However, either Party may terminate
this Agreement for any reason upon thirty (30) calendar days' written notice to
the other Party by first class certified mail, postage prepaid, addressed to the
other Party as set forth in this Agreement.
3. Relationship of Parties. City shall have the status of an independent
contractor for purposes of this Agreement. This Agreement is not intended to and
will not constitute, create, give rise to, or otherwise recognize a joint venture,
partnership, or formal business association or organization of any kind between
the Parties, and the rights and obligations of the Parties shall only be those
expressly set forth in this Agreement. The Parties agree that no person supplied
by School to accomplish the goals of this Agreement is a City employee.
The assigned SRO shall be considered an employee of City and shall be subject
to its control and supervision. The assigned SRO will be subject to current
procedures in effect for City police officers, including attendance at all mandated
training and testing to maintain state peace officer certification. The assigned
SRO shall fulfill duties as a law enforcement officer as certified by the Arizona
Police Officers Standards and Training board ("AZ POST"). School shall not
interfere with the assigned SRO duties as a sworn law enforcement officer.
City understands that School is responsible for the safety of students on campus
during curriculum hours. If School receives information that the assigned SRO
may have engaged in unprofessional, illegal, or immoral conduct, School will
immediately provide such information to City. If City receives information from
any credible source indicating that the assigned SRO may have engaged in
unprofessional, illegal, or immoral conduct that would affect the officer's ability to
safely and/or professionally perform duties for School, City will immediately
provide such information, as allowed by law, to School.
If any alleged unprofessional, illegal, or immoral conduct might affect the SRO's
ability to safely and/or professionally perform duties for School, City will
immediately remove the SRO from School to allow City and/or School to
investigate the allegations. City agrees to temporarily assign a replacement police
officer to School in this situation and if a replacement officer cannot be provided,
School will be credited for each day an officer is not assigned to the campus.
School, at its sole discretion, may refuse the assignment of any officer who has
previously been removed from School because of allegations of unprofessional,
illegal, or immoral conduct.
City shall be responsible for the SRO's compensation: 1) on days School is in
session and when the SRO is not at the School due to an off-campus activity at
School's request; 2) when SRO is involved in activity stemming from action taken
by the officer while in service of School, including attendance at court; and 3)
when the SRO is working an alternative work schedule as agreed upon by City and
School.
4. Costs and Payment.
A. School agrees to pay City Thirty Two Thousand Six Hundred Seventy
Four dollars and no cents ($32,674.00) for fiscal year 2019 - 2020 and One
Hundred Seventeen Thousand Seven Hundred Fifty Seven dollars and no cents
($117,757.00) for fiscal year 2020 - 2021 in consideration for the services
provided by City as set forth in Exhibit A.
B. The SRO must seek approval from the principal, or the principal's
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designee, and the appropriate city police department supervisor before
working on SRO-related overtime (i.e., those matters pertaining to the School,
its students, or its employees). School shall pay one hundred percent (100%)
of any SRO overtime worked as the result of SRO-related functions. City shall
pay one hundred percent(100%) of any SRO overtime that result from City-related
activities (i.e., those matters that do not involve the School, its students, or
its employees). The SRO and City shall make every reasonable effort to ensure
that the SRO does not incur overtime costs in any given week.
C. Payment to City from School is due within thirty (30) calendar days of
the School's receipt of a monthly itemized invoice. School agrees to pay
interest("late fees") in the amount of ten percent(10%) per annum on any balance
that remains unpaid more than fifteen (15) calendar days after the due date.
D. Each Party will establish and maintain a budget according to its
established rules and regulations.
5. School Resource Officer's (SRO's) Responsibilities and Goals.
A. An SRO shall have the following responsibilities:
i. Establish and maintain a professional working relationship with
School officials.
ii. Provide appropriate police and enforcement services at School.
iii. Work cooperatively with School administrators and parents to
identify students exhibiting high truancy rates.
iv. Attempt to locate and return to School all students who are
identified as absent from School without an acceptable excuse.
v. Contact a parent or guardian of each truant student to advise him
or her of the incident and determine the parent's or guardian's
awareness of the situation.
vi. Investigate all reported child abuse incidents within the School's
premises.
vii. Contact the parent or guardian of students who have not provided
School with proof of identification in accordance with A.R.S. § 15-828.
viii. Prepare and maintain such records of their activities as are
required by the operational needs of the Apache Junction Police
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Department.
B. An SRO shall use good faith efforts to achieve the following goals:
i. Work cooperatively with School administrators to establish an
effective administrative review of truancy and abuse incidents with
the objective of reducing truancy and abuse rates.
ii. Contact at least ninety-five percent (95%) of reported truant
students and one hundred percent (100%) of reported abused
students who abuse the truancy rules during each month that this
Agreement is in effect.
iii. Refer juveniles or their families, or both, to appropriate social
service agencies for assistance when a need is determined.
iv. Instruct School administrators and faculty members in: (a) the
identification of abused or neglected children; (b) the reporting of
abuse or neglect; and (c) the actions that can be taken to prevent
further abuse or neglect.
v. Provide counseling and educational programs in truancy, abuse, or
any other topic mutually agreed upon by the Parties in writing.
vi. Take appropriate steps, including enforcement and reporting
action, consistent with a police officer's duty, upon the discovery of
child abuse, drug use, or any other crime.
6. School Safety Program; Duties and Responsibilities.
A. The Parties agree to participate in the School Safety Program as
established by A.R.S. § 15-154 and as described more fully in the School Safety
Program Guidance Manual, a copy of which is on file with City police chief and
School principal.
B. Each Party agrees to assume the roles and responsibilities assigned
to it as per the School Safety Program Guidance Manual.
C. The assigned SRO shall have the additional following general duties:
i. Establish liaison with School administrators, staff, students and
parents.
ii. Inform students of their rights and responsibilities as lawful citizens
through presentation of law-related education in the classroom.
Each officer shall complete one hundred eighty (180) hours of
4
classroom law-related education instruction per year as outlined in
the above-referenced guidance manual.
iii. Network with community agencies that may or do provide services
to School.
iv. Act as a resource in the investigation of School-related criminal
activities.
v. Participate in the Parent-Teacher Association as requested.
vi. Participate in campus activities, student organizations, and
athletic events when feasible and appropriate.
vii. Provide a visible deterrence to crime while presenting a positive
impression of a law enforcement officer.
viii. Provide information when requested to students, parents, and
staff in law-related situations.
ix. Attend annual training provided by the Arizona Department of
Education ("ADE") with all related travel expenses to be paid by
School.
x. Maintain an activity log that tracks law-related education
classroom instruction, law enforcement activity and any situations
that takes the officer off School's campus.
xi. Collaborate with School personnel on safety strategies and
participate as a member of the School Safety Assessment and
Prevention Team.
D. The SRO, at his or her discretion, may perform the following
additional tasks to enhance school efficiency:
i. Plan School security improvements.
ii. Prepare law-related education lessons.
iii. Develop collaborations with community resources, identifying
services offered that could benefit students.
iv. Conduct School safety assessments.
v. Work with the School safety team to review and update the School
safety plan, and conduct School-wide exercises to test the plan.
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vi. Plan in-service training.
vii. Collaborate with School administration to analyze criminal
incident reports and disciplinary records as a means of identifying
patterns and developing strategies to address problems.
viii. Work with community-based and youth recreational and
leadership development activities that complement and reinforce the
School Safety Program.
ix. Attend training opportunities.
7. Time and Place of Performance.
A. City will ensure that the assigned SRO will serve a ten (10) month, full-
time,forty (40) hour a week assignment as specified by School's grant application.
The assigned officer will wear uniforms as authorized by City.
B. The SRO's activities will be restricted to the assigned School grounds
except for:
i. Follow-up home visits when needed as a result of School-related
problems.
ii. Incentive programs approved in writing (for example, by e-mail)
between the police department supervisor and School's principal, or
the principal's designee.
iii. In response to off campus, but School-related, criminal activity.
iv. Attendance at off-campus events or meetings at School's request.
v. Attendance at training.
vi. In response to emergency police activities.
vii. As directed by any police department supervisor.
viii. During days that School is not in session, the assigned SRO shall
perform his or her regular duties at a duty station as determined by
City.
8. School Responsibilities.
A. School will provide the SRO with an office at School and such
6
equipment and office supplies as is necessary for performance of the duties noted
in this Agreement, including a desk, chair, telephone, computer and e-mail
linkages, and filing space capable of being secured.
B. Upon termination, all property or equipment used by the Parties in the
performance of their responsibilities under this Agreement shall remain the
property of the Party that purchased the property or equipment.
9. Status Meetings. By mutual agreement, the Parties may meet from time
to time for purposes of discussing the status and conduct of the work being
performed under this Agreement, and addressing any problems that have come
to the Parties' attention and their views as to how such problems may be resolved,
including amending the terms and conditions of this Agreement. All amendments
to this Agreement must be in writing and approved by City.
10. Entire Agreement. This Agreement and any attachments represent the
entire agreement between the Parties 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
11. Notices. Except as otherwise required by law, any notice required or
permitted under this Agreement shall be in writing and shall be given by personal
delivery, or by deposit in the United States mail, certified or registered, return
receipt requested, postage prepaid, addressed to the Parties at their respective
addresses set forth below, or at such other address as a Party may designate in
writing pursuant to the terms of this section:
City: Apache Junction Police Department
Attn: Chief of Police
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
With a copy to: City of Apache Junction
Attn: City Attorney
300 E. Superstition Blvd.
Apache Junction, Arizona 85119
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School: American Charter Schools Foundation
Attn: Chief Financial Officer
7500 N. Dreamy Draw Dr., Suite 220
Phoenix, Arizona 85020
12. Fingerprinting and Background Check. City represents and warrants
that the SRO meets all fingerprinting and background check clearances as per
AZPOST requirements to serves as a peace officer in the State of Arizona.
13. Legal Worker Requirements. The Parties warrant their respective
compliance with all federal immigration laws and regulations relating to their
respective employees and each Party respectively warrants its respective
compliance with A.R.S. § 23-214(A). Any breach of the warranties under this
paragraph will be deemed a material breach of the Agreement and is subject to
penalties up to and including termination of the Agreement.
14. Severability. City and School each believe that the execution, delivery
and performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
city code), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect; provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement (and any related
agreements effective as of the same date) provide essentially the same rights and
benefits (economic and otherwise) to the Parties as if such severance and
reformation were not required. Unless prohibited by applicable laws, the Parties
further shall perform all acts and execute, acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give
effect to the purposes of this Agreement, as reformed.
15. Governing Law, Venue and Attorney Fees. The terms and conditions of
this Agreement shall be governed by and interpreted in accordance with the laws
of the State of Arizona. Any action at law or in equity brought by either Party for
the purpose of enforcing a right or rights provided for in this Agreement shall be
tried in a court of competent jurisdiction in Pinal County, Arizona. The Parties
hereby waive all provisions of law providing for a change of venue in such
proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on account
of the breach of any term or condition in this Agreement, it is mutually agreed that
the prevailing party in such action shall recover all costs including reasonable
attorney fees to be determined by the court in such action.
16. Successors, Assignment & Delegation. The obligations and rights
8
created in this Agreement are binding upon and shall inure to the benefit of the
parties and their successors, assigns and legal representatives. Neither Party
may assign, sublet or delegate the duties hereunder, without the prior written
approval of the other Party. Such successor or assignee shall assume, in writing,
all duties and obligations hereunder of the prior party and shall further agree to
be bound by and to fully perform the terms of this Agreement.
17. Resolution of Disputes. In the event a dispute for any reason arises and
pursuant to A.R.S. § 15-154(F), the Parties shall meet and discuss within three
(3) business days. Any dispute not resolved by mutual agreement of the Parties
shall be decided in accordance with the applicable Arizona laws.
18. Cancellation. City and School acknowledge that this Agreement is
subject to cancellation by either Party pursuant to the provisions of A.R.S. § 38-
511.
19. Nonappropriation. Each Party recognizes that the performance by
either Party under this Agreement may be dependent upon the appropriation of
funds to or by that Party. Should either Party fail to appropriate the necessary
funds, that Party may terminate this Agreement as stated herein without further
duty or obligation. Each Party agrees to give notice to the other Party as soon
as reasonably possible after the unavailability of funds comes to the Party's
attention.
20. Indemnification and Insurance. To the extent permitted by law, each
Party covenants and agrees to fully indemnify, defend and hold harmless the
other Party, its elected and appointed officers, employees, and agents from and
against any and all suits, actions, legal or administrative proceedings, claims,
demands or damages of any kind or nature relating to this Agreement, including
attorney and expert witness fees, which, are the result of any act or omission of
the Party, its officers, employees, contractees, agents, and anyone acting under
its direction or control, whether reckless, intentional or negligent, in connection
with or incident to this Agreement. If any action or claim shall be brought or
asserted against either Party or its directors, officers, agents, servants or
employees for which indemnity may be sought from either Party, the Parties shall
promptly notify one another in writing. The noticed Party shall, within ten (10)
working days of receiving such notice, assume the defense thereof, and the
payment of all expenses, including any attorney fees and all court costs which
shall be paid as incurred. It is understood and agreed that both Parties may elect
to self-insure or obtain insurance through their pooling agreement with other
governmental entities against any or all of the risks related to this Agreement.
This section shall survive the expiration or early termination of this Agreement.
21. Workers' Compensation. An employee of either Party shall be deemed
to be an "employee" of both public agencies while performing pursuant to this
Agreement solely for purposes of A.R.S. § 23-1022 and the Arizona Workers'
9
Compensation laws. The primary employer shall be solely liable for any
workers' compensation benefits, which may accrue. Each Party shall post a
notice pursuant to the provisions of A.R.S. § 23-1022 in substantially the following
form:
.All employees are hereby further notified that they may be
required to work under the jurisdiction or control or within the
jurisdictional boundaries of another public agency pursuant to an
intergovernmental agreement or contract, and under such
circumstances they are deemed by the laws of Arizona to be
employees of both public agencies for the purposes of worker's
compensation."
22. Family Education Rights and Privacy Act Compliance. Both Parties will
ensure that the dissemination and disposition of educational records complies at
all times with the Family Educational Rights and Privacy Act of 1974 and any
subsequent amendments thereto.
23. Time is of the Essence. Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
24. Prohibition to Contract with Entities Who Engage in Boycott of the State
of Israel. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as
amended, which forbids public entities from contracting with entities who engage
in boycotts of the State of Israel. Should School under this Agreement engage in
any such boycott against the State of Israel, this Agreement shall be deemed
automatically terminated by operation of law. Any such boycott is a material
breach of contract.
25. Conflict of Interest. This Agreement is subject to, and may be
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
first set forth above.
SCHOOL:
AMERICAN CHARTER SCHOOLS FOUNDATION
dbaAPACHE TRAIL HIGH SCHOOL, an Arizona
charter school
By: Patrick Lawrence
Its: Chief Financial Officer
10
CITY:
CITY OF APACHE JUNCTION, ARIZONA, an
Arizona municipal corporation
By: Thomas Kelly
Its: Police Chief
11
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day of
, 20_, by Patrick Lawrence, Chief Financial Officer, of
American Charter Schools Foundation dba "Apache Trail High School", an
Arizona charter school.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of
, 20 , by Thomas Kelly, Police Chief, of City of Apache
Junction, Arizona, an Arizona municipal corporation, who acknowledged that he
signed the foregoing instrument on behalf of City.
Notary Public
My Commission Expires:
12
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.
, Attorney Date
I have read this Agreement and have determined such Agreement is in proper
form and is entered into within the powers of and authority granted under the laws
of the State of Arizona.
Richard J. Stern, City Attorney Date
13
EXHIBIT A
14
City of Apache Junction Police Department
Fiscal Management Bureau
School Resource Officer(SRO) Rates
FY2019-20
The school districts are responsible for 100%of the cost of the officer.
100%of the officer's cost is$32,674.
TOTAL SALARIES CALCULATIONS
Category: Police Officer
Mo.Salary #of Mths TOTAL
Salaries-Police $ 28.60 3.5 $ 18,303
Total Salaries $ 18,303
Fringe Costs:
Industrial Insurance 5.91% $ 1,082
Retirement System 61.34% $ 11,227
Social Security 1.45% $ 265
Health, Dental, Life, LTD, 9.82% $ 1,797
Cancer, Unemployment
Insurance
Total Fringes $ 14,371
Total Personal Services $ 32,674
Prorated Hourly Rate-Officer $ 51.05
Annual
Total Cost per School Resource Officer $ 32,674
Billed in 10 increments at$3,267 per increment
Hours will be credited at the rate below which is derived by dividing$32,674
by 640 hours
SRO $ 51.05
Overtime will be charged at the overtime rate below for FY2019-2020
SRO $ 76.58
City of Apache Junction Police Department
Fiscal Management Bureau
School Resource Officer(SRO)Rates
FY2020-2021
The school districts are responsible for 100%of the cost of the officer.
100%of the officer's cost is$117,757
TOTAL SALARIES CALCULATIONS
Category: Police Officer
Mo.Salary #of Mths TOTAL
Salaries-Police $29.3130 12 $ 60,971
Total Salaries $ 60,971
Fringe Costs:
Industrial Insurance 5.91% $ 3,603
Retirement System 65.19% $ 39,745
Social Security 1.45% $ 884
Health, Dental, Life, LTD, 20.59% $ 12,554
Cancer, Unemployment
Insurance
Total Fringes $ 56,786
Total Personal Services $ 117,757
Prorated Hourly Rate-Officer $ 56.61
Annual
Total Cost per School Resource Officer $ 117,757
Billed in 10 increments at$12,017 per increment
Hours will be credited at the rate below which is derived by dividing$117,757
by 2,080 hours
SRO $ 56.61
Overtime will be charged at the overtime rate below for FY2020-2021
SRO $ 84.92
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.2.
Piz File ID: 20-104
Sponsor: Heather Patel Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Presentation and discussion on proposed changes to the fiscal year 2020-2021 Agreement for
Health and Human Services.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
O� PQACHE✓GEC
�L Z City of Apache Junction
�RlzoNP Development Services Department ✓
DATE: February 26, 2020
TO: The Honorable Mayor and City Council
THROUGH: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Heather Patel, Program and Resource Manager
FROM: Heather Patel, Program and Resource Manager
Health and Human Services Commission
SUBJECT: Agreement for Health and Human Services
REQUEST
Presentation and discussion on proposed changes to the fiscal year 2020-2021 Agreement for
Health and Human Services.
BACKGROUND
The city created a Health and Human Services Commission to assist with allocating funds and
executing an agreement between non-profit agencies and the city to address health and human
service needs. Ordinance 659 adopted in November 1988 outlines the reporting requirements,
documentation, and procedures for such funds. Section 1, subsection 3,provides for the
requirement to have an executed contract based upon services to be provided and the payment of
quarterly installments when compliant with the identified scope of work.
DISCUSSION
In preparation for funding recommendations to the city council for fiscal year 2020-2021, the
commission reviewed the standard agreement and proposes the following changes:
1. Date changes for the appropriate fiscal year throughout the document.
2. Insert a detailed description of the scope of work including what the agency will provide
and what the city will require.
3. Removal of sections which indicate only service can be provided to city residents with
extensive requirements for proof of residency.
4. Adding clarification of the dates for filing reports.
5. Remove requirements for reporting from mail to e-mail submittals. While also clarifying
what will need to be submitted with the reports customized to the agency and project.
6. Clarified payment will be received upon the completion of quarterly reports
demonstrating work was completed. Funding is reimbursable and therefore no refund will
be required.
Planning& Zoning—Building& Safety—Revenue Development
300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010
7. Require representation at the Apache Junction Community Resource Center, Health and
Wellness Expo, and Project Connect events.
8. Updating the city contact person information.
9. Minor grammatical corrections.
The commission anticipates presenting before the city council and offering recommendations for
agreements in May or June of 2020 for execution July 1, 2020—June 30, 2021.
RECOMMENDATION
Staff respectfully recommends the city council receive a presentation and enter into a discussion
on the merits of the proposed changes. Barring any objections, staff will place this item on the
consent agenda for the April 7, 2020 council meeting.
ATTACHMENTS
Attachment 1: Agreement redlined with proposed changes.
Planning& Zoning—Building& Safety—Revenue Development
300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010
AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND
FOR HEALTH AND HUMAN SERVICES FOR FISCAL
YEAR 2020-2021
THIS AGREEMENT is made and entered into this day of by
and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal
corporation ("City"), and , a health and human
services provider ("Services Provider"), under the City's human services program,
collectively referred to as the "Parties" or individually as a "Party".
RECITALS
A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2:
Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health
and Human Services Commission, and Article 2-14: Requests for Financial
Assistance, the City may provide financial assistance to non-profit agencies
which provide city residents, elderly, handicapped, developmentally disabled
care and other public health needs.
B. The Health and Human Services Commission ("the Commission") has
reviewed requests for city funding as submitted by health and human services
providers for fiscal year 2020-2021.
C. The Commission has submitted its recommendations to the city council.
D. On , the city council passed and adopted the 2020-2021
fiscal year budget, which included funding for health and human services for
specific health and human services providers.
E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards
and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1,
Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or
granted to any non-profit agency shall be by means of a written contract
based on services and/or a program (the "Program") for the City to be in
compliance with the provisions of state law relating to the use of public funds.
F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards
and Commissions, Article 2-14: Requests for Financial Assistance, subsection
2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds
allocated by the council shall only be released to the Services Provider in
equal quarterly installments or quarterly payments based on a schedule of
anticipated expenses, and no subsequent quarterly allocation shall be
released to the Services Provider until such time the receiving agency has
provided all required documentation for the previous quarter along with
satisfactory evidence of compliance with the scope of("SOW") pursuant to
this agreement.
G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards
and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1,
Requests for Non-Profit Funding, subsection (B), the Services Provider must
submit on a quarterly basis a detailed accounting of the performance and
accomplishments within the SOW.
AGREEMENT
NOW, THEREFORE, in consideration of payment of public funds in exchange
for health and human services to qualified recipients, both Parties agree to the terms
and conditions set forth below as well as the Recitals set forth above:
1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the
following WS in connection with the Program:
A. Provide to city residents INSERT DETAILED SCOPE OF WORK.
B. Provide such programs and activities to eiy residents of the City a-n-d-
G. Require dOGumentation of City residenGy in the form of a valid State Gf-
Arizona dFiver-'s 'iGP--nSe or valid State of Arizona non-operator
identifiGation; GUrrent utility ill, I i g an in-Gity address; GUrrent rent
reGeipt showing on in_nity address; State e�Tzono �■i vter
registration or valid military whiGh establish proof of
resirlenev within the City. Use or ooeentanoe of any other form of
must be approved On advanGe by the Apac;he junGtion City-
e
CIeerVrkcrccrrcc(h reofte the "City
r i+.� erL y rl Type of a i.-Umen a vv bl tion aepte shall
vi r
be inGluded on all quarterly reports filed with the City Clerk as indiGated-
D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council
and Appointed Boards and Commissions, Article 2-14: Requests for
Financial Assistance, attached hereto as Exhibit A, and all other
applicable city ordinances; submit contract proposal for fiscal year 2020-
2021 to City on or before January 30, 2020.
E. File with City all doGumentation for the previous quarter no later than ten
(10) lit■■ werLing days following ng the_end of quarter-. Gi#y effines are
Fridays,open Monday through Thursday 7.00 a.m. to 6;00 p.m. City offiGes are
Glosed weekends and legal holidays.
City funded servires to
indIVA u-Ris shall he identified ■ ith eerrmplete pity street residential
addresses wh4c;h shall be verified by rornparing the residential-
orlrlresses with the City street naming canon as Gurrently adopted er os
may be amended or through City geographic; information system tc ff
at htt s•ll is 'oit net/ ertol/heme/
Post effioe box addresses nor business addresses droll not moot the
reporting requirements of this sec;tion.
File with City all documentation for the previous quarter no later than ten
(10) City working days following the end of the quarter. City offices are
open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are
closed Fridays, weekends and legal holidays.
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
F. Advise City in its report of the identift-ation utilized (driver's ,
utility bill, etG.)j submit to City typed or-word pr-GGesser-quality reper-tsi
maintain a separate lost of City residents assisted by the Program to
inel-We their narne and- rec.irlential address; designate one primary and
one seGondary person as Goordinators for the reGord keeping and
ary
dica�_ h�seiTentof f�?i asjig and ene oer--end err
�we�h-RIl�mernTto-eemplianGe review reports and verify City residenGy.
the-
CityClerk; provide the City Clerk, On writing, Tth to names, o+�t
addresses,
email and telephone numbers of the primary and se-Gondary
eontaGt persons immediately uponthe signing this agreement. Provide
City Clerk with written notification of any changes in the primary-or-
,en-endary person(s) within five (5) City working days following 6 Gh
Submit to City typed or computer generated quality reports; designate
one primary and one secondary person as coordinators for the record
keeping and disbursement of funds; assign one primary and one
secondary person who shall monitor compliance and review reports.
Such persons shall be responsible for submitting accurate reports to the
Commission staff liaison and provide the names, email, and telephone
numbers of the primary and secondary contact persons immediately
upon the signing of this agreement. Changes to the primary or secondary
person(s) shall be reported in writing to the Commission staff liaison
within five (5) City working days following such change.
G. All reports shall he delivered in person or sent via first Glass mail
Reports sent by fax, email or other electroner. means shall not be-
aGGepted. The City Clerk will preoeribethefeormAtt *n Wh -Rpi.�h rpge�s
shall be prepared and submitted. Any reports not prepared in
ae+eerdanee with this seetien sh-All he deemed reieeted and shall "1
All reports shall be sent by an approved electronic method either email or
another form as identified by the commission, no other means shall be
accepted. The Commission staff liaison will prescribe the format in which
3
such reports shall be prepared and submitted. Any reports not prepared
in accordance with this section shall be deemed rejected and shall
constitute a breach of contract. The following items shall be reported on
in each quarterly report:
1. INSERT
2. INSERT
3. INSERT
H.1 Any from nity not disbursed by Services Provider all he
reimbursed to City. Any funds disbursed by Servic;es Provider in violation
n-f A.-I.C.C. Vol. 1, Chapter 2: Mavor, and- Appo*nted Boards and
6Ai lm4sg-I{�FS rt*Gle 2-14: s4s-tan6e or this
agr-eern ent sh"11 -he TEFf�s edin y
Funds are distributed on a reimbursable quarterly basis after the
submittal of a quarterly report which outlines expenditures and activities
completed as stipulated in the SOW and as confirmed by the City. Any
funds disbursed by Services Provider in violation of A.J.C.C. Vol. I,
Chapter 2: Mayor, Council and Appointed Boards and Commissions,
Article 2-14: Requests for Financial Assistance or this agreement shall
be reimbursed to City.
I. File the quarterly report and required documentation by the deadline set
forth in § C above or risk disqualification for health and human services
funding for fiscal year 2020-2021. Failure to file the quarterly report and
required documentation by the deadlines set forth in § C above shall
result in the immediate termination of this agreement.
i. Maintain a listing with the Gemmunity and referral seFYiGe
that supports Penal County and the Aparhe junGtion area during the term-
of this agreement, and provide proof of SUGh listing with every quarterly
subm*ttal-.
Maintain a listing with the community information and referral service
that supports Pinal County and the Apache Junction area during the
Term of this agreement. Service Provider shall also be represented at the
Apache Junction Community Resource Center once monthly, during
Project Connect events, and the annual Health and Wellness Expo.
K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I,
Chapter 2: Mayor, Council and Appointed Boards and Commissions,
Article 2-14: Requests for Financial Assistance or the terms of this
agreement shall result in automatic termination of this Agreement.
L. Any Services Provider staff responsible for the preparation of the
required reports or requests for reimbursement shall be familiar with the
terms and requirements of this agreement in order to avoid processing
4
errors.
2. COMPENSATION: In accordance with the terms and conditions of this
Agreement, City shall compensate Services Provider for its services as
follows:
A. A total of$ for fiscal year 2020-202- for SOW performance.
B. Compensation shall be in equal quarterly payments of$ . No
quarterly payment shall be released until Services Provider has provided
all of the required documentation for the previous quarter and has
provided satisfactory evidence of compliance with the terms and
conditions of this agreement. The deadline for receipt of such
documentation is set forth in § 1 (C) above, and failure to comply with this
deadline shall result in forfeiture of claim to the funds and will result in
automatic termination of the Agreement.
C. In accordance with the recommendations of the Commission and its
subsequent acceptance by the Apache Junction city council, should any
of the agencies receiving fiscal year 2019-2020 human services funding
be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor,
Council and Appointed Boards and Commissions, Article 2-14: Requests
for Financial Assistance or the terms of their respective agreement, any
unused funds shall be retained in City's general fund.
D. In accordance with the recommendations of the Commission,
representatives of the Services Provider identified in § 1 (C) above shall
attend a mandatory training meeting at a time, date and location to be
scheduled by the staff liaison to the commission in order to review terms
and reporting requirements of this agreement. The Services Provider
representatives shall be those individuals who are responsible for
compiling the information and filing the required quarterly reports.
Failure of attendance by these critical representatives shall result in
automatic termination of this Agreement.
3. TERM: This Agreement shall be effective beginning July 1, 2020 through
June 30, 2021.
4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner
specified in § 2 above.
5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services
Provider with all data, information and other supporting services as may be
required.
6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing
the services, Services Provider shall exercise the reasonable professional care and
skill customarily exercised by reputable members of Services Provider's profession
5
practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and
best judgment while exercising its professional skill and expertise. Services Provider
shall be responsible for all errors and omissions Services Provider 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: 6f.;+hleon Connelly City Clerk
City of ApaGhe junrtk)n
300 E. Supp—rstmt n-nn -Boulevard
f
AZ 85119
Heather Patel, Program and Resource Manager
City of Apache Junction
300 E. Superstition Boulevard
Apache Junction, AZ 85119
If to Services Provider:
Apache Junction, AZ 85120
8. TERMINATION: This Agreement maybe terminated by either Party for any
reason upon fifteen (15) calendar days written notice. In the event this Agreement is
terminated for any reason prior to the completion of the full period of performance
as stated herein, City shall be liable to Services Provider for those verifiable costs
incurred by Services Provider which are in accordance with the original proposal,
only up to the date of such termination and not thereafter.
9. SUBCONTRACTORS: Services Provider shall not be compensated for
proportional work performed. Service Providers shall perform all services set forth
in the SOW as in § 1 above and shall not use subcontractors.
10. RECORDS: Records of Services Provider'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. Services Provider 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. 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 Services Provider.
12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider
shall defend, indemnify, and hold harmless City, its elected and appointed officers,
officials, agents, and employees from and against any and all liability, including but
6
not limited to, demands, claims, actions, fees, costs and expenses, including
attorney and expert witness fees, arising from or connected or alleged to have
arisen from or connected with, relating to, arising out of, or alleged to have resulted
from the acts, errors, mistakes, omissions, work or services of Services Provider, its
agents, and employees. Services Provider's duty to defend, hold harmless and
indemnify City, its special districts, elected and appointed officers, officials, agents,
and employees shall arise in connection with any tortious claim, damage, loss or
expense that is attributable to bodily injury, sickness, disease, death, or injury to,
impairment, or destruction of property including loss of use resulting therefrom,
caused by a Services Provider's acts, errors, mistakes, omissions, work program or
services in the performance of this Agreement including any employee of Services
Provider.
13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone
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.
14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during
Services Provider's performance of the services retain Services Provider's status as
independent contractor. Services Provider'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 Services
Provider.
15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement
shall be governed by and interpreted in accordance with the laws of the State of
Arizona. Any action at law or in equity brought by either Party for the purpose of
enforcing a right or rights provided for in this Agreement, shall be tried in a court of
competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all
provisions of law providing for a change of venue in such proceeding to any other
county. In the event either Party shall bring suit to enforce any term of this
Agreement or to recover any damages for and on account of the breach of any term
or condition in this Agreement, it is mutually agreed that the prevailing party in such
action shall recover all costs including: all litigation and appeal expenses, collection
expenses, reasonable attorney fees, necessary witness fees and court costs.
16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports,
documents, information and data prepared or assembled by Services Provider under
this Agreement shall be and remain the property of City and shall be forwarded to
City at any time City requires such papers, but is subject to two (2) year retention
schedule set forth in section 10 above.
17. CITY LICENSE REQUIRED: Services Provider represents and warrants that
any license necessary to perform the work under this Agreement is current and
valid. Services Provider understands that the activity described herein constitutes
"doing business in the City of Apache Junction" and Services Provider agrees to
obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code,
Vol. I, and keep such license current during the Term of this Agreement. Services
Provider also acknowledges that the tax provisions of the City of Apache Junction
Tax Code may apply and, if so, shall obtain a tax privilege license through the
Arizona Department of Revenue.
18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based
upon the reputation, expertise and qualifications of Services Provider. Neither Party
to this Agreement shall assign its rights or interest in the Agreement, either in whole
or in part nor any monies due to or become due to it. In addition, all duties set forth
herein are non-delegable.
19. ENTIRE AGREEMENT: This Agreement and any attachments represent the
entire agreement between City and Services Provider 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.
20. SEVERABILITY: City and Services Provider each believe that the execution,
delivery and performance of this Agreement are in compliance with all applicable
laws. However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation of
any applicable laws, including any constitutional provision, law, regulation, or city
code), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect; provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably possible
in such a manner so that the reformed agreement (and any related agreements
effective as of the same date) provide essentially the same rights and benefits
(economic and otherwise) to the Parties as if such severance and reformation were
not required. Unless prohibited by applicable laws, the Parties further shall perform
all acts and execute, acknowledge and/or deliver all amendments, instruments and
consents necessary to accomplish and to give effect to the purposes of this
Agreement, as reformed.
21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe
terminated by City in accordance with, the provisions of A.R.S. § 38-511.
22. POLITICAL ACTIVITIES: As a community service-based organization,
Services Provider is a non-political organization.
Its employees are prohibited from engaging in any partisan political activity with
respect to candidates for political office beyond the private expression of personal
8
opinion, registering as a member of a political party, signing nomination petitions
and voting in any special, primary or general election. No board member, officer or
employee of Services Provider shall solicit any contribution in cash or services from
any Services Provider employee to support any candidate for public office. No board
member or officer shall use the name of Services Provider, or use their affiliation
with Services Provider, to engage in any partisan political activity or form of
lobbying, of any kind or to solicit any contribution in cash or services to support any
candidate for public office. If a board member or officer should engage in said
political candidate activities, they shall make it clear that they are doing so in their
personal and private capacity, and are not associated with Services Provider in any
way, while engaging in said activity. The functions and activities of Services Provider
are non-political with respect to candidates for political office. Therefore, all board
members, officers and employees will refrain from engaging in any partisan political
activity or any form of lobbying, of whatsoever type or nature, while attending or
participating in Services Provider function or event. This includes the circulation or
signing of nomination petitions or soliciting any contributions in cash or services
from anyone to support any candidate for public office. The above-prohibition on
lobbying includes communicating with commission members and councilmembers
for the purpose of gaining an advantage in receiving health and human services
funding.
23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider
understands and acknowledges the applicability of the American with Disabilities
Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby
warrants its compliance with all federal immigration laws and regulations that relate
to its employees and A.R.S. § 23-214(A). Services Provider further warrants that
after hiring an employee, Services Provider will verify the employment eligibility of
the employee through the E-Verify program. A breach of this warranty shall be
deemed a material breach of the Agreement that is subject to penalties up to and
including termination of this Agreement. Services Provider is subject to a penalty of
$100 per day for the first violation, $500 per day for the second violation, and $1,000
per day for the third violation. City at its option may terminate this Agreement after
the third violation. Services Provider shall not be deemed in material breach of this
Agreement if the Services Provider establish compliance with the employment
verification provisions of§§ 274A and 274B of the federal Immigration and
Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City
retains the legal right to inspect the papers of any Services Provider who works
under this Agreement to ensure that the Services Provider is complying with the
warranty. Any inspection will be conducted after reasonable notice and at
reasonable times. If state law is amended, the Parties may modify this paragraph
consistent with state law.
24. TIME OF ESSENCE: Time is of the essence of this Agreement and each
provision hereof.
25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this
Agreement is approved on a conditional basis pending Services Provider's timely
9
filing of complete and correct reports for the 4th quarter of the previous fiscal year
(if prior year's funding was provided by City). The 4th quarter reports shall be filed
within the deadlines established by the prior agreement and must contain the
required information as set forth in the prior agreement.
26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S.
§§ 35-393 through 35-393.03, as amended, which forbids public entities from
contracting with a contractor or organization who engage in boycotts of the State of
Israel. Should Services Provider under this Agreement engage in any such boycott
against the State of Israel, this Agreement is automatically terminated. Any such
boycott is a material breach of contract and will subject Services Provider to
monetary damages, including but not limited to, consequential and liquidated
damages.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed
by their duly authorized representative as of the day and year first above written.
SERVICES PROVIDER:
a 501(c)3 non-
profit organization
By:
Name:
Title: Executive Director
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By: Jeff Serdy
Mayor
ATTEST:
JENNIFER PENA
City Clerk
10
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day of ,
2020, by as of
a 501(c)3 non-profit organization.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of ,
2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona
municipal corporation.
Notary Public
My Commission Expires:
11
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
o Agenda Item Cover Sheet Apache Junction,AZ
U =i 85119
Agenda Item No. 3.
'+'Piz File ID: 20-138
Sponsor: Larry Kirch Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Presentation and discussion of incompatible uses, zoning, legal nonconformities and the
historical development pattern of the commercial corridor of Ironwood Drive between Apache
Trail and Broadway Avenue.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
Prese ntatio n/ Discussio n
Incompatible uses, zoning, legal
nonconformities and the historical
development pattern of the commercial
corridor of Ironwood Drive between
Apache Trail and Broadway Avenue
20- 138
City of Apache Junction
City Council Work Session
� March 17,, 2020
Ironwood Corridor - Virtual Tour
• Concerns expressed by Mayor and Council over
unsightly appearance of a few properties and
incompatible uses . . .
• March 1985 Aerial Photo ( memory lane )
• City GIS Aerial Photo 2019
• Google Earth 2019 Street View
• Range of Ideas/Solutions
Ironwood Corridor -legal Nonconformities
• Uses in existence in March of 1985 and towing company
storage lot ( s ) in existence prior to 2014 likely have legal
non -conforming rights
• Towi ng co m pa ny - 2017 Lette r of Lawf u l N o n co nfo rm ity
when submitting for City towing contract ( 2 others along
AT also have nonconforming letters )
Vicinity •
AlreadyCity-initiated - • • requestfrom : to
B-2/PD for the Ironwood Business Corridor
along Ironwood Dr . between Apache Tr .
Ironwood Corridor - • Broadway Ave .
PZm1m18 - April 2018
PZ- 1- 18 City- initiated rezoning !N NO NE NEl
■■ ■■ ■ IM so Wo
approved : from B- 1 to B-2/PD -
:...... .....
_■ . ■■ ■ ■ ■
ME M■ 00044 ■ AME
■ ■ —
Purpose - relaxed setbacks, N M
■ ■ ; ■■ ■■ ■ ■■��
landscaping, and parking, to make ■■ ■: : ■ ■ ���' ''''�' : . ��1�
�■ ■E E■ ■ ■■ '1�1
_■ ■: ;■ ■ ■■ � �
future developments easer. ■■ ■_■ NEON ■� ■ ■
■■ ■■ ■■WE Elm :: ■ mom E
U10 WIN
iiii ■ ����
'•
Francis Schmitz Subdivision ROW/Easement
7 71 17C.
• There is a 12 foot utility
easement on the west rear of w
the properties.
' 10109101Public
• 17 foot reserved ri ht-of-wa Y for - = Easement
_ ROW Subrype Public
road improvements. Width to
FPE Documents
ResolutIon
1o,osloQo • , Documents
Final Plat Francis M Schm Itz Business
Two parcels have already been Documents Lot Subdivision
ding
dedicated Doc Recoruments
Notes
Clog,]3 0
PZ 1- 18 City-initiated Rezoning Conditions
1 . Allow for a 5 foot setback (all structures) on all sides .
2 . Relaxed 10 foot-wide planting strip to 5 feet for new
developments or redevelopments .
3 . The # of parking stalls may be reduced based on "net" floor
area and by the following : 1) two bicycle stalls shall be the
equivalent of one parking stall; and 2 ) two motorcycle stalls
shall be the equivalent of one parking stall .
New Stripes
Medical Building
with relaxed
standards
.........
..........---- -
0.Sr i
i r
6
Ironwood Corridor — Range of Ideas/Solutions
Code compliance
initiated for 238 S
Ironwood for illegal use T �1 -
as storage lot, " possible" �y,� ` =� +t
living in an RV and -- - - — -- -� - -- ,'►
weeds
P
t
0
J• i�
�,:•: _• .ter
n �
._ _ i ......�_..�.•.
Ironwood Corridor — Range of Ideas/Solutions
• Amend zoning code for storage lots to require landscaping
and installation of slats in existing chain link fences or require
decorative block walls with wrought iron, ban razor wire in
the city (talk is cheap however. . . )
• Require brick and materials company to restore required
landscaping and ask to install decorative wrought iron fence
• City initiated landscaping project in ROW — e .g. Apache Trail
• Ask uses to voluntarily screen
Discussion
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No.4.
'PizoN►' File ID: 20-129
Sponsor: Shane Kiesow Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Presentation and discussion on PW2019-53; award of bid for the supply, delivery and
application of asphalt emulsion to various street locations throughout the city for chip sealing
street maintenance operations, for a total amount not to exceed $750,000.00 for the potential
life of the contract.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
�PQpCNF✓
ti Public Works Department
U Z
Home of the Superstition Mountains
gHIZON
Date: March 3, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Discussion/Presentation of PW2019-53 Award of Bid
A recent request for bids was conducted for asphalt emulsion to be used for in-house street
maintenance chip seal operations. This work is in support of city's FY20 CIP & Street
Maintenance Plan. The bid opening was held on Thursday, December 19, 2019 at 2:00 p.m.
where the following bid proposals were received. All bid proposals were reviewed for
responsibility and responsiveness, proven technical ability/merit, financial viability and pricing.
Staff requests city council to give consideration of award of contract to Western Emulsions.
Cholla Pavement Maintenance $645/ton
Cactus Asphalt $655/ton
Western Emulsions $548/ton
Public Works staff will present on aspects of this bid process, scope of work and agreement
while offering the opportunity for city councilmember questions. This is a planned city council
regular session consent item for April 7, 2020.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR CHIP SEAL EMULSION
PROJECT NO. PW2019-53
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and WESTERN
EMULSIONS, an Arizona corporation ("Contractor"), who shall be collectively
referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor has responded to City's request for bids (the "RFB" and
response both being considered the"Contract Documents")via RFB No. "PW2019-
53 Chip Seal Emulsion," in which Contractor asserts its willingness, ability and
qualifications to provide this work and service (hereinafter referred to as the
"Work").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render the
Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes Title 34 and Apache Junction City Code, Vol. I, Chapter 3:
Administration, Article 3-7: Procurement Procedures.
D. The "Contract Documents" include this Agreement and all applicable
bid solicitation and responses, including but not limited to any bond and insurance
forms.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the services in accordance with the terms and conditions setforth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to
be done and performed in a good workmanlike manner, the Work in accordance
with the Contract Documents as fully described in the Notice Inviting Bids for
Project No. PW2019-53, on file with the public works department,which includes all
required specifications.
2. PRICES: Prices shall be governed under Exhibit A for the performance
of the work under the Contract Documents.
3. PAYMENTS: Payment will be made by the city within thirty (30) calendar
days after completion and acceptance of the Work. Total amount of this Agreement
shall not exceed $750,000.00.
4. CONTRACT TERM: The Term of this Agreement shall be from the date of
written notice of the acceptance of Contractor's Bid submittal by the city council to
June 30, 2021. The Agreement will be renewed automatically and continuously for
successive periods of one (1) year, not to exceed five (5) years from the original
execution of this Agreement as long as City budgets for and appropriates funds for
the successive renewal terms.
5. LABOR AND MATERIALS: Unless otherwise provided in the contract
documents, Contractor shall provide, pay and insure under the requisite laws and
regulations for all labor, materials, equipment, tools and machinery, utilities,
transportation, other facilities and services necessary for the proper execution and
completion of the Work whether temporary or permanent, and whether or not
incorporated or to be incorporated in the Work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and
agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion,whether the Work has been performed in accordance with the Contract
Documents. Contractor further agrees to make such corrections to the Work as
may be directed by City to conform to said Contract Documents.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work at
the time of inspection of the Work shall not be deemed an acceptance and
Contractor will be required to correct defective Work at any time before
acceptance. Within one (1) year from the date of acceptance due to faults in
workmanship or materials, Contractor shall begin making the necessary repairs to
the satisfaction of City within fourteen (14)calendar days of receipt of written notice
from City. Such work shall include the repair or replacement of other work or
materials damaged or affected by making the above repairs or corrective work all
at no additional cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions of the Contract Documents,
Contractor shall provide or secure from the appropriate subcontractor or supplier
such warranties addressed to and in favor of City and deliver same to City prior to
final acceptance of the Work. Delivery of such warranties shall not relieve
Contractor from any obligation assumed under any other provision of the contract.
The warranties and guarantees provided in this subsection of the Contract
Documents shall be in addition to and not in limitation of any other warrantees,
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
2
8. TAXES: Contractor shall pay all license, sales, consumer, use and other
similar taxes for the Work or portions thereof provided by Contractor which are
legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
9. PERMITS &FEES: Unless otherwise provided in the Contract Documents,
Contractor shall secure and pay for all permits, government fees, licenses and
inspections necessary for the proper execution and completion of Work which are
customarily secured after execution of the contract and which are legally required.
Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the performance of
the Work. City permits for this Work will be provided to Contractor at no cost.
Contractor represents and warrants that any license necessary to perform the
Work under this Agreement is current and valid. Contractor understands that the
activity described herein constitutes "doing business in the City of Apache
Junction"and Contractor agrees to obtain a business license pursuant to Article 8-2
of the Apache Junction City Code, Vol. I, and keep such license current during the
term of this Agreement and after termination of this Agreement any time Work is
performed pursuant to the warranty provisions set forth in Section 7. Contractor
also acknowledges thatthe tax provision of the Apache Junction Tax Code, Chapter
8A, may also apply and if so,shall obtain a transaction privilege license and/or other
licenses as may be required by the city code. Any activity by subcontractors within
the corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and all
applicable licenses. Further, Contractor agrees to pay all applicable privilege and
use taxes that are applicable to the activities, products and services provided
under this Agreement.
10. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent Contractor. Contractor's employees shall under no circumstances be
considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes, or provide workers'
compensation or unemployment insurance for or on behalf of them or Contractor.
Contractor shall supervise and directthe delivery of the materials using its best skill
and attention. Except as provided in this Agreement, Contractor shall be solely
responsible for all means, methods, techniques, sequences and procedures, and
for coordinating all portions of the Work required by the contract documents.
Contractor shall be responsible to City for the acts and omissions of its employees.
11. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the progress of
the Work. The superintendent shall represent and be the community agent of
Contractor and communications given to the superintendent shall be as binding as
if given to Contractor. Important communications shall be confirmed in writing.
The superintendent shall be designated for each project and communicated to City
3
before Work is performed.
12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its elected and appointed officers,
officials, agents, and employees from and against any and all liability including but
not limited to demands, claims, actions, fees, costs and expenses, including
attorney and expert witness fees, arising from or connected with or alleged to have
arisen from or connected with, relating to,arising out of,or alleged to have resulted
only from the negligent, intentional or reckless acts, errors, mistakes, omissions,
Work or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement. Contractor's duty to defend,
hold harmless and indemnify City, its special districts, elected and appointed
officers, officials, agents, and employees shall arise in connection with any tortious
claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss of
use resulting therefrom, only caused, by a Contractor's negligent, intentional, or
reckless acts, errors, mistakes, omissions, Work or services in the performance of
this Agreement including any employee of Contractor, any tier of Contractor's
subcontractor or any other person for whose acts, errors, mistakes, omissions,
Work or services Contractor may be legally liable.
13. ENFORCED DELAYS(FORCE MAJEURE): Neither City nor Contractor,as
the case may be, shall be considered not to have performed its obligations under
this Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including but
not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting the
Project. In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any reason
of particular consultants, subcontractors, vendors or investors desired by
Contractor in connection with the Project. Contractor agrees that Contractor alone
will bear all risks of delay which are not Enforced Delay. In the event of the
occurrence of any such Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a period of the
Enforced Delay; provided, however, that the Party seeking the benefit of the
provisions of this Section shall, within thirty (30) calendar days after such Party
knows or should know of any such Enforced Delay,first notify the other Party of the
specific delay in writing and claim the right to an extension for the period of the
Enforced Delay; and provided further that in no event shall a period of Enforced
4
Delay exceed ninety (90) calendar days.
14. 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.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the minimum insurance and other additional requirements setforth herein.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Contractor's acts, errors, mistakes,
omissions, work or services.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
5
Contractor of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City's right to insist on
strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation, required by this
Agreement, shall name City, its agent, officers, officials and employees as
additional insured parties.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including,
but not limited to,the liability assumed under the indemnification provisions of this
Agreement which coverage will be at least as broad as Insurance Service Office,
Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile
liability coverage of at least$1 million per occurrence or a combined single limit of
at least $1,000,000 is required. The auto liability policy should contain
endorsements for hired autos, non-owned autos and scheduled vehicles, as
applicable to the Contractor's business.
Such policy shall contain a severability of interest provision, and shall notcontain a
sunset provision or commutation clause, nor any provision which would serve to
limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG
20101185, or the equivalent thereof, and shall include coverage for Contractor's
operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the work,services or
operations, Contractor shall purchase and maintain, at all times during prosecution
of the work, services or operations under this Agreement, City and Contractor's
Protective Liability insurance policy for bodily injury and property damage,
including death, which may arise in the prosecution of the Contractor's work,
service or operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be
issued by the same insurance company that issues Contractor's General Liability
insurance.
Workers' Compensation (Not Applicable to Sole Proprietorships)
Contractor shall carry Workers' Compensation insurance to cover obligations
6
imposed by federal and state statutes having jurisdiction of Contractor's employees
engaged in the performance of the work or services; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease policy limit.
In case any work is subcontracted, Contractor will require subcontractor to provide
Workers' Compensation and Employer's Liability to at least the same extent as
required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement, Contractor shall
furnish the City with Certificates of Insurance, or formal endorsements as required
by Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages,conditions and limits required by this Agreement
are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of the Contractor's work or services and as evidenced by annual
Certificates of Insurance, to be filed with the City Clerk of City.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date. All Certificates
of Insurance shall be identified with bid serial number and title.
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this Agreement
authorizing a change in the Work or an adjustment in the agreement sum or the
agreement time. A change order signed by Contractor indicates his agreement
therewith. City may, without invalidating this Agreement, order changes in the
Work within the general scope of the Agreement consisting of additions, deletions
or other revisions, the agreement sum and this Agreement being adjusted
accordingly. All such changes in the Work shall be authorized by change order and
shall be performed under the applicable conditions of this Agreement. The City
representative shall have authority to order minor changes in the Work not involving
an adjustment in the Agreement sum or extension of the Agreement time and not
inconsistent with the intent of this Agreement. All such changes shall be effected by
written order and shall be binding upon City and Contractor. All change order
disagreements of the Contractor shall be submitted in writing to the City Manager
within five (5) calendar days after the difference of opinion or grievance occurs.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the Contractor and city staff representative. The City
Manager's decision shall be final and binding.
7
17. SUCCESSORS,ASSIGNMENT&DELEGATION: City and Contractor each
bind themselves, their partners, successors, assigns and legal representatives to
the other Party hereto and to the partners, successors, assigns and legal
representatives of such other Party in respect to all covenants, agreements and
obligations contained in the Contract Documents. Neither Party to the contract
shall assign the contract or sublet it as a whole or delegate the duties hereunder,
without the written consent of the other, nor shall Contractor assign any monies due
or to become due to it without the previous written consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been duly
served if delivered in person to the individual or member of the firm or entity, or to
an office of the corporation for whom it was intended or if delivered at or sent
registered or certified mail, return receipt requested, and first class postage
prepaid to the last business address known to them who gives the notice.
19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury
or damage to personal property because of any act or omission of the other Party or
of their employees or agents for whose acts they are legally liable, claims shall be
made in writing to such other parties within a reasonable time after the first
observance of such injury or damages.
20. PAYMENT&PERFORMANCE BONDS: City shall have the right to require
Contractor to furnish bonds covering the faithful performance of the contract and
the payment of all obligations arising hereunder. Standard bond forms shall be
completed by Contractor (and are considered to be included in the Contract
Documents) and Contractor agrees to conform to all provisions set forth in such
forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely responsible
for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them under
the contract, nor shall any action or failure to act constitute an approval of or an
acquiescence to any breaches hereunder except as may be specifically agreed to
in writing.
23. TERMINATION OF CONTRACT: If,for any reason, Contractor shall fail to
fulfill in a timely and proper manner his/her obligations under the contract, or if
Contractor shall violate any of the covenants, agreements, or stipulations of the
contract, City shall thereupon have the right to terminate the contract by giving
written notice to Contractor of such termination and specifying the effective date
thereof.
8
Notwithstanding the above, Contractor shall not be relieved of liability to City for
damages sustained by City by virtue of any breach of the contract by Contractor.
City may terminate the contract at any time by giving at least twenty-four (24) hours
notice in writing to Contractor. If the contract is terminated by City as provided
herein, Contractor will be paid for the time expended and expenses incurred up to the
termination date.
24. APPEALS: All contractual grievances shall be submitted in writing to
City Manager within five (5) calendar days after the difference of opinion or
grievance occurs relating to any of the provisions of the terms of this Agreement.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the company. The City Manager's decision shall be final and
binding, subject only to a further appeal in the Pinal County Superior Court pursuant
to A.R.S. § 12-901, et seq.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless made in
writing and signed by the Parties hereto, and that oral understandings or
agreements not incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted below or his or her
designee, and the City Manager, or his or her designee) shall be authorized to
execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments represent
the entire agreement between City and Contractor 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.
28. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all applicable
laws. However, in the unlikely event that any provision of this Agreement is
9
declared void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional provision, law,
regulation, or city code), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed reformed to the extent
reasonably possible in such a manner so that the reformed agreement (and any
related agreements effective as of the same date) provide essentially the same
rights and benefits (economic and otherwise) to the Parties as if such severance
and reformation were not required. Unless prohibited by applicable laws, the
Parties further shall perform all acts and execute, acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give effect
to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to
cancellation of contracts due to conflicts of interest shall apply to this contract.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393
through 35-393.03, as amended, which forbids public entities from contracting with
Contractors who engage in boycotts of the State of Israel. Should Contractor under
this Agreement engage in any such boycott against the State of Israel, this
Agreement is automatically terminated. Any such boycott is a material breach of
contract and will subject Contractor to monetary damages, including but not limited
to, consequential and liquidated damages.
32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American with Disabilities
Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989 to the services performed under this Agreement.
As required by A.R.S. §41-4401, Contractor hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S. §
23-214(A). Contractor further warrants that after hiring an employee, Contractor
will verify the employment eligibility of the employee through the E-Verify program.
If Contractor uses any subcontractors in performance of services, subcontractors
shall warranttheir compliance with all federal immigration laws and regulations that
relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further
warrant that after hiring an employee, such subcontractor verifies the employment
eligibility of the employee through the E-Verify program. A breach of this warranty
shall be deemed a material breach of the Agreement that is subject to penalties up
to and including termination of this Agreement. Contractor is subjectto a penalty of
$100 per day for the first violation, $500 per day for the second violation, and$1,000
10
per day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if Contractor and/or subcontractors establish compliance with the
employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. §
23-214(A). City retains the legal right to inspect the papers of any Contractor or
subcontractor employee who works under this Agreement to ensure that
Contractor or subcontractor is complying with the warranty. Any inspection will be
conducted after reasonable notice and at reasonable times. If state law is
amended, the Parties may modify this paragraph consistent with state law.
33. COOPERATIVE USE OF CONTRACT: City has entered into various
cooperative purchasing agreements with other Arizona government agencies,
including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This
contract may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of Contractor. Any
such usage by other entities must be in accordance with the statutes, codes,
ordinances, charter and/or procurement rules and regulations of the respective
government agency. Orders placed by other agencies and payment thereof will be
the sole responsibility of that agency. City shall not be responsible for any disputes
arising out of transactions made by others.
11
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
signed by their duly authorized representative as of this day of
, 2020.
CONTRACTOR:
WESTERN EMULSIONS, an Arizona
corporation:
By:
Title:
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation:
By: Jeff Serdy
Title: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
12
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this
day of , 20209 by as
of Western Emulsions, an Arizona corporation.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn before me this day
of , 2020, by Jeff Serdy, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
13
Exhibit A
Exhibit C
PROJECT#PW2019-53
COST PROPOSAL
COMPANY: " ellY1
ADDRESS: 3q d iN YI AE 9-M-1
TELEPHONE #: �iZ� 7Cc3D
UNIT
PRICE
ITEM DESCRIPTION (Not including tax)
1 Approx. 50,000 gallons of CRS-21? or equivalent
(supplied, delivered, and applied as specified) * Sq'� /TON
*Describe any exceptions in Exceptions— Additions—Corrections (Exhibit D)
Bidder acknovv ledges receipt of the follo'W<<ing amendments:
Amendment Number Date
This offer shall be irrevocable for a period of ninety (90)calendar days from the bid
opening date.
_ Date:
Signature /
Title: 1&1;yy'1/
Print Name
17
14
CITY OF
PACHE- UNCTION
Department of Public Works
Chip Seal Materials
By: Shane Kiesow, Public Works Manager P �Gti
March 16, 2020
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Objectives
Discussion on consideration of award of bid :
— Part of FY 20 Street Maintenance Plan
— Planned consent item for April 7th regular session
• Overview of chip seal street maintenance
• Bid submittals
• Staff recommendation
. Q/A P
gRIZONP
Chip Seal Street Maintenance
• Preservation treatment
— Adds 5 years life to pavement
• Performed by in-house Public Works crews
• Primarily used only for rural roads with dirt shoulders
STEP 1
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P
gRIZONP
ChipSeal Street Maintenance (Continued )
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• Annual contract with automatic renewal option of
successive one year periods not to exceed 5 years
P
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Chip Seal Material Bids
• PW2019-53 "Chip Seal Emulsion";
— Scope of work: supply, delivery and
application
— Advertised Dec. 5t" and 12t"
— Bid opening Dec. 19t"
— Three bids received :
✓ Cholla Pavement Maint. $645/Ton
✓ Cactus Asphalt $655/Ton
✓Western Emulsions $548/Ton P
gRIZONP
Chip Seal Material Bids
• PW2019-54 "Pre-Coated Chip";
— Scope of work: supply, stockpile and
delivery to city's chipbox
— Same advertisement and bid opening date
— One bid received :
✓ Cholla Pavement Maint. $85/Ton
P
gRIZONP
Chip Seal Material Bids
• Bid submittals reviewed for:
— Pricing
— Responsibility and responsiveness
— Contractor technical ability
• References
• Equipment specifications
P
— Financial viability
gRIZONP
Staff Recommendation
• Bid PW2019-53 "Chip Seal Emulsion" :
— Staff recommendation is for the award
to go to Western Emulsions
✓ Emulsion at $548/Ton
• Bid PW2019-54 "Pre-Coated Chip"
— Staff recommendation is for the award
to Cholla Pavement Maintenance
P
✓ Pre-Coated Chip at $85/Ton
gRIZONP
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PACHE UNCTION
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►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
z Agenda Item Cover Sheet Apache Junction,AZ
85119
Agenda Item No. 5.
'PizoN►' File ID: 20-130
Sponsor: Shane Kiesow Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Presentation and discussion on PW2019-54; award of bid for the supply and delivery of
pre-coated chip to various street locations throughout the city for chip sealing street
maintenance operations, for a total amount not to exceed $500,000.00 for the potential life of
the contract.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
�PQpCNF✓
ti Public Works Department
U Z
Home of the Superstition Mountains
gHIZON
Date: March 3, 2020
To: Mayor and Members of the City Council
Through: Bryant Powell, City Manager
Mike Wever, Public Works Director
From: Shane Kiesow, Public Works Manager
Subject: Discussion/Presentation of PW2019-54 Award of Bid
A recent request for bids was conducted for pre-coated chip to be used for in-house street
maintenance chip seal operations. This work is in support of city's FY20 CIP & Street
Maintenance Plan. The bid opening was held on Thursday, December 19, 2019 at 2:15 p.m.
where the following bid proposal was received. Bid proposal was reviewed for responsibility
and responsiveness, proven technical ability/merit, financial viability and pricing. Staff requests
city council to give consideration of award of contract to Cholla Pavement Maintenance.
Cholla Pavement Maintenance $85/ton
Public Works staff will present on aspects of this bid process, scope of work and agreement
while offering the opportunity for city councilmember questions. This is a planned city council
regular session consent item for April 7, 2020.
575 E. Baseline Avenue, Apache Junction, AZ 85219
• Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005
CITY OF APACHE JUNCTION
AGREEMENT FOR PRE-COATED CHIPS
PROJECT NO. PW2019-54
THIS AGREEMENT made and entered into by and between the CITY OF
APACHE JUNCTION ("City"), an Arizona municipal corporation, and CHOLLA
PAVEMENT MAINTENANCE, an Arizona corporation ("Contractor"), who shall be
collectively referred to as the "Parties", or individually as a "Party".
RECITALS
A. Contractor has responded to City's request for bids (the "RFB" and
response both being considered the"Contract Documents")via RFB No. "PW2019-
54 Pre-Coated Chips," in which Contractor asserts its willingness, ability and
qualifications to provide this work and service (hereinafter referred to as the
"Work").
B. City and Contractor desire to set forth herein their respective
responsibilities and the manner and terms upon which Contractor shall render the
Work.
C. City has complied with the public bidding requirements under Arizona
Revised Statutes Title 34 and Apache Junction City Code, Vol. I, Chapter 3:
Administration, Article 3-7: Procurement Procedures.
D. The "Contract Documents" include this Agreement and all applicable
bid solicitation and responses, including but not limited to any bond and insurance
forms.
AGREEMENT
NOW, THEREFORE, City retains Contractor to perform, and Contractor
agrees to render the services in accordance with the terms and conditions setforth
as follows:
1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to
be done and performed in a good workmanlike manner, the Work in accordance
with the Contract Documents as fully described in the Notice Inviting Bids for
Project No. PW2019-54, on file with the public works department,which includes all
required specifications.
2. PRICES: Prices shall be governed under Exhibit A for the performance
of the work under the Contract Documents.
3. PAYMENTS: Payment will be made by the city within thirty (30) calendar
days after completion and acceptance of the Work. Total amount of this Agreement
shall not exceed $500,000.00.
4. CONTRACT TERM: The Term of this Agreement shall be from the date of
written notice of the acceptance of Contractor's Bid submittal by the city council to
June 30, 2021. The Agreement will be renewed automatically and continuously for
successive periods of one (1) year, not to exceed five (5) years from the original
execution of this Agreement as long as City budgets for and appropriates funds for
the successive renewal terms.
5. LABOR AND MATERIALS: Unless otherwise provided in the contract
documents, Contractor shall provide, pay and insure under the requisite laws and
regulations for all labor, materials, equipment, tools and machinery, utilities,
transportation, other facilities and services necessary for the proper execution and
completion of the Work whether temporary or permanent, and whether or not
incorporated or to be incorporated in the Work.
6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and
agrees that inspection of the Work performed hereunder will occur by City.
Contractor agrees that City will have the exclusive right to determine, in its sole
discretion,whether the Work has been performed in accordance with the Contract
Documents. Contractor further agrees to make such corrections to the Work as
may be directed by City to conform to said Contract Documents.
7. WARRANTY: Contractor shall guarantee the Work against defective
workmanship or materials for a period of one (1) year from the date of its final
acceptance under the contract, ordinary wear and tear and unusual abuse or
neglect excepted. Any omission on the part of City to condemn defective Work at
the time of inspection of the Work shall not be deemed an acceptance and
Contractor will be required to correct defective Work at any time before
acceptance. Within one (1) year from the date of acceptance due to faults in
workmanship or materials, Contractor shall begin making the necessary repairs to
the satisfaction of City within fourteen (14)calendar days of receipt of written notice
from City. Such work shall include the repair or replacement of other work or
materials damaged or affected by making the above repairs or corrective work all
at no additional cost to City. In the case of work materials or equipment for which
warranties are required by the special provisions of the Contract Documents,
Contractor shall provide or secure from the appropriate subcontractor or supplier
such warranties addressed to and in favor of City and deliver same to City prior to
final acceptance of the Work. Delivery of such warranties shall not relieve
Contractor from any obligation assumed under any other provision of the contract.
The warranties and guarantees provided in this subsection of the Contract
Documents shall be in addition to and not in limitation of any other warrantees,
guarantees or remedies required by law, and shall survive the expiration of this
Agreement for the time period mentioned above.
2
8. TAXES: Contractor shall pay all license, sales, consumer, use and other
similar taxes for the Work or portions thereof provided by Contractor which are
legally enacted at the time bids are received whether or not yet effective or
subsequently applicable due to acts of jurisdictions or bodies other than City.
9. PERMITS &FEES: Unless otherwise provided in the Contract Documents,
Contractor shall secure and pay for all permits, government fees, licenses and
inspections necessary for the proper execution and completion of Work which are
customarily secured after execution of the contract and which are legally required.
Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the performance of
the Work. City permits for this Work will be provided to Contractor at no cost.
Contractor represents and warrants that any license necessary to perform the
Work under this Agreement is current and valid. Contractor understands that the
activity described herein constitutes "doing business in the City of Apache
Junction"and Contractor agrees to obtain a business license pursuant to Article 8-2
of the Apache Junction City Code, Vol. I, and keep such license current during the
term of this Agreement and after termination of this Agreement any time Work is
performed pursuant to the warranty provisions set forth in Section 7. Contractor
also acknowledges thatthe tax provision of the Apache Junction Tax Code, Chapter
8A, may also apply and if so,shall obtain a transaction privilege license and/or other
licenses as may be required by the city code. Any activity by subcontractors within
the corporate city limits will invoke the same licensing regulations on any
subcontractors, and Contractor ensures its subcontractors will obtain any and all
applicable licenses. Further, Contractor agrees to pay all applicable privilege and
use taxes that are applicable to the activities, products and services provided
under this Agreement.
10. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as an
independent Contractor. Contractor's employees shall under no circumstances be
considered or held to be employees or agents of City, and City shall have no
obligation to pay or withhold state or federal taxes, or provide workers'
compensation or unemployment insurance for or on behalf of them or Contractor.
Contractor shall supervise and directthe delivery of the materials using its best skill
and attention. Except as provided in this Agreement, Contractor shall be solely
responsible for all means, methods, techniques, sequences and procedures, and
for coordinating all portions of the Work required by the contract documents.
Contractor shall be responsible to City for the acts and omissions of its employees.
11. SUPERINTENDENT: Contractor shall employ a competent project
superintendent who shall be in attendance at the project site during the progress of
the Work. The superintendent shall represent and be the community agent of
Contractor and communications given to the superintendent shall be as binding as
if given to Contractor. Important communications shall be confirmed in writing.
The superintendent shall be designated for each project and communicated to City
3
before Work is performed.
12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its elected and appointed officers,
officials, agents, and employees from and against any and all liability including but
not limited to demands, claims, actions, fees, costs and expenses, including
attorney and expert witness fees, arising from or connected with or alleged to have
arisen from or connected with, relating to,arising out of,or alleged to have resulted
only from the negligent, intentional or reckless acts, errors, mistakes, omissions,
Work or services of Contractor, its agents, employees, or any tier of Contractor's
subcontractors in the performance of this Agreement. Contractor's duty to defend,
hold harmless and indemnify City, its special districts, elected and appointed
officers, officials, agents, and employees shall arise in connection with any tortious
claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property including loss of
use resulting therefrom, only caused, by a Contractor's negligent, intentional, or
reckless acts, errors, mistakes, omissions, Work or services in the performance of
this Agreement including any employee of Contractor, any tier of Contractor's
subcontractor or any other person for whose acts, errors, mistakes, omissions,
Work or services Contractor may be legally liable.
13. ENFORCED DELAYS(FORCE MAJEURE): Neither City nor Contractor,as
the case may be, shall be considered not to have performed its obligations under
this Agreement in the event of enforced delay (an "Enforced Delay") due to causes
beyond its control and without its fault or negligence or failure to comply with
applicable laws, including, but not restricted to, acts of God, fires, floods,
epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and
unusually severe weather or the delays of subcontractors or materialmen due to
such causes, acts of a public enemy, war, terrorism or act of terror (including but
not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar hiatus
(whether permanent or temporary) by any public entity directly affecting the
Project. In no event will Enforced Delay include any delay resulting from
unavailability for any reason of labor shortages, or the unavailability for any reason
of particular consultants, subcontractors, vendors or investors desired by
Contractor in connection with the Project. Contractor agrees that Contractor alone
will bear all risks of delay which are not Enforced Delay. In the event of the
occurrence of any such Enforced Delay, the time or times for performance of the
obligations of the Party claiming delay shall be extended for a period of the
Enforced Delay; provided, however, that the Party seeking the benefit of the
provisions of this Section shall, within thirty (30) calendar days after such Party
knows or should know of any such Enforced Delay,first notify the other Party of the
specific delay in writing and claim the right to an extension for the period of the
Enforced Delay; and provided further that in no event shall a period of Enforced
4
Delay exceed ninety (90) calendar days.
14. 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.
15. INSURANCE: Contractor, at its own expense, shall purchase and
maintain the minimum insurance and other additional requirements setforth herein.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City constitute a material breach of this Agreement.
Contractor's insurance shall be primary insurance as respect to City, and any
insurance or self-insurance maintained by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect coverage afforded
under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain waiver of
transfer rights of recovery (subrogation) against City, its agents, officers, officials
and employees for any claims arising out of Contractor's acts, errors, mistakes,
omissions, work or services.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and City, at its option, may require Contractor to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit.
City reserves the right to request and to receive within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
5
Contractor of any deficiencies in such policies and endorsements, and such receipt
shall not relieve Contractor from, or be deemed a waiver of City's right to insist on
strict fulfillment of Contractor's obligations under this Agreement.
The insurance policies, except Workers' Compensation, required by this
Agreement, shall name City, its agent, officers, officials and employees as
additional insured parties.
REQUIRED COVERAGE
Commercial General Liability
Contractor shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed
Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall
include coverage for bodily injury, broad form property damage, personal injury,
products and completed operations and blanket contractual coverage including,
but not limited to,the liability assumed under the indemnification provisions of this
Agreement which coverage will be at least as broad as Insurance Service Office,
Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile
liability coverage of at least$1 million per occurrence or a combined single limit of
at least $1,000,000 is required. The auto liability policy should contain
endorsements for hired autos, non-owned autos and scheduled vehicles, as
applicable to the Contractor's business.
Such policy shall contain a severability of interest provision, and shall notcontain a
sunset provision or commutation clause, nor any provision which would serve to
limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at least
as broad as the Insurance Service Office Inc.'s Additional Insured, Form CG
20101185, or the equivalent thereof, and shall include coverage for Contractor's
operations and products and completed operations.
If required by this Agreement, if Contractor sublets any part of the work,services or
operations, Contractor shall purchase and maintain, at all times during prosecution
of the work, services or operations under this Agreement, City and Contractor's
Protective Liability insurance policy for bodily injury and property damage,
including death, which may arise in the prosecution of the Contractor's work,
service or operations under this Contract. Coverage shall be on an occurrence
basis with a limit not less than $1,000,000 per occurrence, and the policy shall be
issued by the same insurance company that issues Contractor's General Liability
insurance.
Workers' Compensation (Not Applicable to Sole Proprietorships)
Contractor shall carry Workers' Compensation insurance to cover obligations
6
imposed by federal and state statutes having jurisdiction of Contractor's employees
engaged in the performance of the work or services; and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for each
employee, and $500,000 disease policy limit.
In case any work is subcontracted, Contractor will require subcontractor to provide
Workers' Compensation and Employer's Liability to at least the same extent as
required of Contractor.
CERTIFICATE OF INSURANCE
Prior to commencing work or services under this Agreement, Contractor shall
furnish the City with Certificates of Insurance, or formal endorsements as required
by Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages,conditions and limits required by this Agreement
are in full force and effect.
In the event any insurance policies required by this Agreement are written on a
"claims made" basis, coverage shall extend for two (2) years past completion and
acceptance of the Contractor's work or services and as evidenced by annual
Certificates of Insurance, to be filed with the City Clerk of City.
If a policy does expire during the life of the Agreement, a renewal certificate must
be sent to City thirty (30) calendar days prior to the expiration date. All Certificates
of Insurance shall be identified with bid serial number and title.
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days' prior written notice to City.
16. CHANGE ORDERS: A change order is a written order to Contractor,
approved by the City representative, issued after execution of this Agreement
authorizing a change in the Work or an adjustment in the agreement sum or the
agreement time. A change order signed by Contractor indicates his agreement
therewith. City may, without invalidating this Agreement, order changes in the
Work within the general scope of the Agreement consisting of additions, deletions
or other revisions, the agreement sum and this Agreement being adjusted
accordingly. All such changes in the Work shall be authorized by change order and
shall be performed under the applicable conditions of this Agreement. The City
representative shall have authority to order minor changes in the Work not involving
an adjustment in the Agreement sum or extension of the Agreement time and not
inconsistent with the intent of this Agreement. All such changes shall be effected by
written order and shall be binding upon City and Contractor. All change order
disagreements of the Contractor shall be submitted in writing to the City Manager
within five (5) calendar days after the difference of opinion or grievance occurs.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the Contractor and city staff representative. The City
Manager's decision shall be final and binding.
7
17. SUCCESSORS,ASSIGNMENT&DELEGATION: City and Contractor each
bind themselves, their partners, successors, assigns and legal representatives to
the other Party hereto and to the partners, successors, assigns and legal
representatives of such other Party in respect to all covenants, agreements and
obligations contained in the Contract Documents. Neither Party to the contract
shall assign the contract or sublet it as a whole or delegate the duties hereunder,
without the written consent of the other, nor shall Contractor assign any monies due
or to become due to it without the previous written consent of City.
18. WRITTEN NOTICE: Written notice shall be deemed to have been duly
served if delivered in person to the individual or member of the firm or entity, or to
an office of the corporation for whom it was intended or if delivered at or sent
registered or certified mail, return receipt requested, and first class postage
prepaid to the last business address known to them who gives the notice.
19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury
or damage to personal property because of any act or omission of the other Party or
of their employees or agents for whose acts they are legally liable, claims shall be
made in writing to such other parties within a reasonable time after the first
observance of such injury or damages.
20. PAYMENT&PERFORMANCE BONDS: City shall have the right to require
Contractor to furnish bonds covering the faithful performance of the contract and
the payment of all obligations arising hereunder. Standard bond forms shall be
completed by Contractor (and are considered to be included in the Contract
Documents) and Contractor agrees to conform to all provisions set forth in such
forms.
21. SAFETY: Contractor and/or its subcontractors shall be solely responsible
for job safety at all times.
22. RIGHTS & REMEDIES: The duties and obligations imposed by the
Contract Documents and the rights and remedies available hereunder shall be in
addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law. No action or failure to act by City or
Contractor shall constitute a waiver of any right or duty afforded any of them under
the contract, nor shall any action or failure to act constitute an approval of or an
acquiescence to any breaches hereunder except as may be specifically agreed to
in writing.
23. TERMINATION OF CONTRACT: If,for any reason, Contractor shall fail to
fulfill in a timely and proper manner his/her obligations under the contract, or if
Contractor shall violate any of the covenants, agreements, or stipulations of the
contract, City shall thereupon have the right to terminate the contract by giving
written notice to Contractor of such termination and specifying the effective date
thereof.
8
Notwithstanding the above, Contractor shall not be relieved of liability to City for
damages sustained by City by virtue of any breach of the contract by Contractor.
City may terminate the contract at any time by giving at least twenty-four (24) hours
notice in writing to Contractor. If the contract is terminated by City as provided
herein, Contractor will be paid for the time expended and expenses incurred up to the
termination date.
24. APPEALS: All contractual grievances shall be submitted in writing to
City Manager within five (5) calendar days after the difference of opinion or
grievance occurs relating to any of the provisions of the terms of this Agreement.
Within five (5) calendar days of receiving a written grievance,the City Manager shall
respond in writing to the company. The City Manager's decision shall be final and
binding, subject only to a further appeal in the Pinal County Superior Court pursuant
to A.R.S. § 12-901, et seq.
25. RECORDS: Records of Contractor's labor, payroll and other costs
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. Contractor shall
maintain records for a period of at least two (2) years after termination of this
Agreement, and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
26. AMENDMENT: It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless made in
writing and signed by the Parties hereto, and that oral understandings or
agreements not incorporated herein shall not be binding on the parties. The
representatives of the Parties (signatory for Contractor noted below or his or her
designee, and the City Manager, or his or her designee) shall be authorized to
execute future amendments or extensions of this Agreement.
27. ENTIRE AGREEMENT: This Agreement and any attachments represent
the entire agreement between City and Contractor 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.
28. SEVERABILITY: City and Contractor each believe that the execution,
delivery and performance of this Agreement are in compliance with all applicable
laws. However, in the unlikely event that any provision of this Agreement is
9
declared void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional provision, law,
regulation, or city code), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed reformed to the extent
reasonably possible in such a manner so that the reformed agreement (and any
related agreements effective as of the same date) provide essentially the same
rights and benefits (economic and otherwise) to the Parties as if such severance
and reformation were not required. Unless prohibited by applicable laws, the
Parties further shall perform all acts and execute, acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give effect
to the purposes of this Agreement, as reformed.
29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all
provisions in this Agreement. Any delay in performance by either Party shall
constitute a material breach of this Agreement.
30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to
cancellation of contracts due to conflicts of interest shall apply to this contract.
31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN
BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393
through 35-393.03, as amended, which forbids public entities from contracting with
Contractors who engage in boycotts of the State of Israel. Should Contractor under
this Agreement engage in any such boycott against the State of Israel, this
Agreement is automatically terminated. Any such boycott is a material breach of
contract and will subject Contractor to monetary damages, including but not limited
to, consequential and liquidated damages.
32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor
understands and acknowledges the applicability of the American with Disabilities
Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace
Act of 1989 to the services performed under this Agreement.
As required by A.R.S. §41-4401, Contractor hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S. §
23-214(A). Contractor further warrants that after hiring an employee, Contractor
will verify the employment eligibility of the employee through the E-Verify program.
If Contractor uses any subcontractors in performance of services, subcontractors
shall warranttheir compliance with all federal immigration laws and regulations that
relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further
warrant that after hiring an employee, such subcontractor verifies the employment
eligibility of the employee through the E-Verify program. A breach of this warranty
shall be deemed a material breach of the Agreement that is subject to penalties up
to and including termination of this Agreement. Contractor is subjectto a penalty of
$100 per day for the first violation, $500 per day for the second violation, and$1,000
10
per day for the third violation. City at its option may terminate this Agreement after
the third violation. Contractor shall not be deemed in material breach of this
Agreement if Contractor and/or subcontractors establish compliance with the
employment verification provisions of Sections 274A and 274B of the federal
Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. §
23-214(A). City retains the legal right to inspect the papers of any Contractor or
subcontractor employee who works under this Agreement to ensure that
Contractor or subcontractor is complying with the warranty. Any inspection will be
conducted after reasonable notice and at reasonable times. If state law is
amended, the Parties may modify this paragraph consistent with state law.
33. COOPERATIVE USE OF CONTRACT: City has entered into various
cooperative purchasing agreements with other Arizona government agencies,
including the Strategic Alliance for Volume Expenditures"SAVE"cooperative. This
contract may be extended for use by other municipalities, school districts and
government agencies in the State of Arizona with the approval of Contractor. Any
such usage by other entities must be in accordance with the statutes, codes,
ordinances, charter and/or procurement rules and regulations of the respective
government agency. Orders placed by other agencies and payment thereof will be
the sole responsibility of that agency. City shall not be responsible for any disputes
arising out of transactions made by others.
11
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
signed by their duly authorized representative as of this day of
, 2020.
CONTRACTOR:
CHOLLA PAVEMENT MAINTENANCE, an
Arizona corporation:
By:
Title:
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation:
By: Jeff Serdy
Title: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
12
STATE OF )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this
day of , 20209 by as
of Cholla Pavement Maintenance, an Arizona corporation.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn before me this day
of , 2020, by Jeff Serdy, as Mayor of the City of Apache
Junction, Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires:
13
Exhibit A
Exhibit C
PROJECT#PW2019-54
COST PROPOSAL
COMPANY: Cholla Pavement Maintenance, Inc
ADDRESS: 5254 S. Warner Dr, Apache Junction AZ 85120
TELEPHONE#: 480-893-1044
UNIT
PRICE
ITEM DESCRIPTION (Not including tax)
1 Approx. 2,000 tons of 3/8" Low Volume Pre-
Coated Chip (stocked and delivered as specified) * �� /TON
*Describe any exceptions in Exceptions—Additions Corrections(Exhibit D)
Bidder acknowledges receipt of the following amendments:
Amendment Number Date
This offer shall be irrevocable for a period of ninety(90)calendar days from the bid
opening date.
Date:
Si ature00
,Iurly 11 iggs Title: President
Print Name
16
14
CITY OF
PACHE- UNCTION
Department of Public Works
Chip Seal Materials
By: Shane Kiesow, Public Works Manager P �Gti
March 16, 2020
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Objectives
Discussion on consideration of award of bid :
— Part of FY 20 Street Maintenance Plan
— Planned consent item for April 7th regular session
• Overview of chip seal street maintenance
• Bid submittals
• Staff recommendation
. Q/A P
gRIZONP
Chip Seal Street Maintenance
• Preservation treatment
— Adds 5 years life to pavement
• Performed by in-house Public Works crews
• Primarily used only for rural roads with dirt shoulders
STEP 1
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P
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ChipSeal Street Maintenance (Continued )
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• Annual contract with automatic renewal option of
successive one year periods not to exceed 5 years
P
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Chip Seal Material Bids
• PW2019-53 "Chip Seal Emulsion";
— Scope of work: supply, delivery and
application
— Advertised Dec. 5t" and 12t"
— Bid opening Dec. 19t"
— Three bids received :
✓ Cholla Pavement Maint. $645/Ton
✓ Cactus Asphalt $655/Ton
✓Western Emulsions $548/Ton P
gRIZONP
Chip Seal Material Bids
• PW2019-54 "Pre-Coated Chip";
— Scope of work: supply, stockpile and
delivery to city's chipbox
— Same advertisement and bid opening date
— One bid received :
✓ Cholla Pavement Maint. $85/Ton
P
gRIZONP
Chip Seal Material Bids
• Bid submittals reviewed for:
— Pricing
— Responsibility and responsiveness
— Contractor technical ability
• References
• Equipment specifications
P
— Financial viability
gRIZONP
Staff Recommendation
• Bid PW2019-53 "Chip Seal Emulsion" :
— Staff recommendation is for the award
to go to Western Emulsions
✓ Emulsion at $548/Ton
• Bid PW2019-54 "Pre-Coated Chip"
— Staff recommendation is for the award
to Cholla Pavement Maintenance
P
✓ Pre-Coated Chip at $85/Ton
gRIZONP
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PACHE UNCTION
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►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
= Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.6.
PizoNr File ID: 20-101
Sponsor: Robert Schroeder Agenda Date: 3/16/2020
Index: In Control: City Council Work Session
Discussion on city noise ordinance.
City of Apache Junction,Arizona Page 1 Printed on 6/16/2026
1-1-1 Introduction
Within reason certain noise levels must be tolerated by all citizens within the city limits of Apache
Junction for normal functions of the city to continue.
Children playing, construction equipment, barking dogs, amplified musical instruments, trash trucks,
airplanes and loud parties are all examples of noise found within our community.
However, the policy of the City of Apache Junction prohibits any noises that are detrimental to the
health, safety and welfare of the citizens of Apache Junction and are subject to regulation, such as:
A. Occur after 10:00 p.m. but before 6:00 a.m.
B. Any activities that produce any loud, excessive, unusual or unnecessary disruptive and/or
annoying noises.
C. Disturbs the peace and quiet of a residential zoned property or a reasonable person of
normal sensibilities.
1-1-2 Standard Noise Offenses
A. It is hereby declared to be a public nuisance and it is unlawful for any person, firm or
corporation owning or operating or in control of any restaurant, hotel, dance hall, show, store
or any place of public amusement, entertainment or accommodation, to play or permit to be
played any music or musical instrument or instruments whether played by individuals,
orchestra, radio, phonograph, music box or other mechanical device or means in such a loud
or unusual manner as to be offensive to the senses, or so as to disturb the slumber, peace and
quiet or otherwise interfere with or annoy the comfortable enjoyment of life or property of any
considerable number of persons in the neighborhood and is no less a nuisance because the
extent of the annoyance inflicted is unequal.
1-1-3 Unnecessary Vehicle Noise
A. It is unlawful for any person to operate a motor vehicle which shall not at all times be
equipped with a muffler upon the exhaust thereof in good working order and in constant
operation to prevent excessive or unusual noise, and it is unlawful for any person operating
any motor vehicle to use a cut-out, by-pass or similar muffler elimination appliance.
B. No person shall intentionally operate any vehicle at such a speed on a curve, straight-of-
way or turn, or accelerate or decelerate such vehicle in such a manner as to create loud
and unreasonable noise through the squealing of tires upon the pavement, or to cause
damage to the roadway, or to cause the surface of the roadway to be displaced in any
manner including throwing dirt, gravel, stone or other roadway surface or material upon the
surface into the air.
C. No person shall violate any of the provisions of division (A) above while upon the surface
of any parking lot or parking space of any public place.
(Prior Code, § 12-2-15) (Am. Ord. 1356, passed 4-6-2010)
D. Operating or permitting the operation of any sound amplification system in or on a vehicle
in such a manner or with such volume as to annoy or disturb the peace and quiet of any
reasonable person of normal sensibilities or neighborhood in the vicinity.
E. Operating or permitting the operation of any sound amplification system in or on a vehicle
in such a manner that the sound is plainly audible at a distance of fifty (50) feet, or in such
a manner that it causes a person's normal sensibilities to be aware of vibration
accompanying the sound at a distance of fifty (50) feet.
1-1-4 Animal Noise
A. It is unlawful and hereby declared a public nuisance for any person to harbor or keep
any animals that habitually bark, howl, yelp, squeal, shriek or make any other sounds that
disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the
comfortable enjoyment of life or property by an entire community or neighborhood, or by a
considerable number of persons. When investigating public nuisance allegations, the
Enforcement Officer shall take into consideration all factors that support any such allegations,
including but not limited to: distances that the complaining parties live from the offensive
premises, number of complaining witnesses, number of complaining parties residing on the
street or in the vicinity of the offensive premises, duration that the conditions existed, prior
history of similar complaints, and communications between the complainants and the offending
party.
B. Before an Enforcement Officer cites any person for an animal noise nuisance under
division (A) above, the complaining party and the alleged offender must first agree to
participate in a civil hearing process administered by the City Manager. The City Manager shall
appoint three city residents who shall convene to hear the complainant's allegation against the
offending party. The Arizona Rules of Evidence shall not apply to these proceedings. The
panel shall allow both the complainant and the alleged offender to state their side and shall
allow any evidence the panel deems helpful in deciding whether there has been a violation of
division (A). The panel shall make the determination within 5 calendar days after the hearing,
and shall make its findings in writing, signed by all three panel members. The City Manager
shall send the written determination to the Enforcement Officer, the complaining party and the
alleged offender.
C. There is no monetary penalty in a finding against the alleged offender. However, the
Enforcement Officer shall monitor the alleged offender's property for additional violations.
Should the Enforcement Officer have probable cause through written witness statements that
the noise has continued, and it interferes with the reasonable use and enjoyment of the
complaining party's property and in what manner, the Enforcement Officer shall prepare a
class 1 misdemeanor noise citation and serve it on the offender. The violation shall be
prosecuted by the City Attorney's office. If found guilty of a violation of division (A) or if the
offender pleads guilty, the court shall impose a fine of no less than $1,000, 12 months
summary probation and 30 calendar days suspended jail sentence. The court may also impose
other penalties as it deems fit, including but not limited to, the requirement the defendant use
anti-barking devices on the animal.
(Ord, 1465, passed 12-4-2018)
1-1-5 Public Works
A. At no time shall equipment noise from any facility exceed an exterior noise level of
65 dBA three feet from the source of the noise if the facility is located in the ROW
adjacent to a business or industrial zone. Any facility located within 500 feet of any
rural or residential zone, or a residential or school use, shall not exceed 55 dBA
three feet from the source of the noise.
B. Consistent with current federal laws, at the time of modification of SWF, existing
equipment shall, to the extent feasible, be replaced with equipment that reduces
visual, noise, and other impacts, including, but not limited to, undergrounding the
equipment and replacing larger, more visually intrusive facilities with smaller, less
visually intrusive facilities.
C.
1-1-6 Home Based Occupations
A. Indoor operation. The home occupation shall be conducted indoors and shall not produce
a noise, odor, vibration, glare or light that is noticeable beyond the property line for single-
family zoning districts, beyond the adjoining walls for multi-family zoning districts or beyond
the unit spaces of manufactured home and trailer parks, as determined by the director or
designee.
1-1-7 Equestrian Activities and Uses
A. Related events. Social events and parties shall be subject to the same noise, parking,
traffic and health and safety regulations applied to other residential properties within the city.
1-1-8 Construction Activities
A. It is hereby declared to be a public nuisance and is unlawful for any person, firm or
corporation to engage in construction activities as delineated below, within the corporate limits
of the city, during the prohibited times set forth in division (D) below, when those activities
result in the generation of mechanically or electrically created noise that can be heard by a
person with normal hearing within a residential building, the windows of which are closed, if the
building is located within 500 feet of the construction site. CONSTRUCTION
ACTIVITIES include, but are not limited to, the following:
1. The making of an excavation, clearing of surface land and loading or unloading
material, equipment or supplies; and
2. The operation of mechanically powered tools, including but not limited to, a cement
mixer, pole driver, power shovel, pneumatic hammer, derrick or power hoist.
(Prior Document, § 8-1-5) (Ord. 985, passed 3-18-1997)
B. The prohibited time periods for construction activity are as follows:
1. Before 5:00 a.m. Arizona State Time and after 6.30 p.m. Arizona State Time,
Monday through Friday from April 15 to October 15.
2. Before 6:00 a.m. Arizona State Time and after 6:30 p.m. Arizona State Time,
Monday through Friday during the remainder of the year; and
3. Before 7:00 a.m. Arizona State Time and after 5:00 p.m. Arizona State Time on
Saturdays and Sundays throughout the year and holidays recognized by the city.
C. The following activities shall be excluded from such prohibition:
1. Noise generated by work being performed by a resident of a building or structure,
which may continue until 9.00 p.m., but may not begin earlier than the times set
forth in division (B) above; and
2. Noise resulting from an emergency, including but not limited to, repair of roofs,
windows, doors and electrical, plumbing and mechanical equipment.
An EMERGENCY means any situation where work must be performed in order to
prevent serious physical injury to persons or property.
D. The construction activities noted in division (13)(2) above may be conducted at prohibited
times, if upon written application, a permit is obtained before the activities commence, from the
City Manager or a designee. The written application must contain information which
demonstrated that the need to engage in the activity is an urgent necessity and barring the
activity would constitute an unreasonable hardship on the applicant.
E. If the City Manager or a designee determines that granting of the permit would impair the
public health, safety and welfare, the permit shall be denied. If determined otherwise, the
permit shall be granted, and the construction activity allowed to take place during any or all of
the prohibited hours.
1. In determining whether to grant the permit, the City Manager or a designee shall
balance the hardship to the applicant against the adverse impact on the health, safety and
welfare of the persons most likely affected, the adverse impact on the property affected
and any other adverse effects of granting the permit.
2. Permits shall be granted by giving written notice to the applicant with any necessary
conditions, including a time limit on the permitted activity, which in no case shall
exceed 30 days. The permit shall not become effective until all conditions are
communicated in writing, understood and agreed upon by the applicant.
Noncompliance with any condition in the permit shall be grounds for revocation of
the permit. An applicant may appeal the refusal to issue a permit or the revocation
of a permit to the Council, who has the final authority to grant, refuse or revoke a
permit.
F. Violation of any provision of divisions (C) through (F) above is a misdemeanor and is
punishable pursuant to Vol. I, § 1-1-11.
(Prior Code, § 10-1-12) Penalty, see Vol. I, § 1-1-11
1-1-9 Airports and Helipads
A. Permit required. Airports, airstrips, landing areas and helipads shall be permitted only as a
CUP as provided in table 5-1 and table 5-3 (see vol. II, 88, 1-5-1 and 1-5-3). The Planning
and Zoning Commission and/or City Council may require conditions of approval to protect
the public's interest in controlling noise, vibration, glare, light, runway protection zones,
over flight areas, fumes, dust, fuel particles, crash hazards. These conditions of approval
shall apply to the take-off and landing of any contrivance, now known or hereafter invented,
for use or designed for navigation of or flight in the air, including helicopters, fixed-wing
aircraft and gliders and lighter-than-air vehicles such as hot air balloons, blimps and
dirigibles.
1-1-10 Alternative Energy Structures and Equipment
A. Environmental Standards. Alternate energy production facilities shall comply with state
and federal environmental standards regarding emissions, public health, noise and safety.
1-1-11 Temporary Uses of Structures
A. No unreasonable noise impact, public or private disturbances or nuisances shall occur or
be permitted to continue as determined by the Zoning Administrator.
1-1-12CUP, AUP and Building Permits
A. A CUP may be granted upon a finding by the Commission that the use covered by the
permit, the manner of its conduct and any structure involved will not be detrimental to
persons residing or working in the area, to adjacent property, to the neighborhood or to the
public welfare in general. The burden of proof for satisfying the aforementioned
requirements shall rest with the applicant. In arriving at the above determination, the
Commission shall consider but not be limited to the following factors:
1. Negative impacts arising from the emission of odor, dust, gas, noise, lighting,
vibration, smoke, heat or glare.
1-1-13 General Site Development Regulation
A. Associated facilities. Back-up power generators shall comply with the setbacks of the
zoning districts and city's noise standards as outlined in Apache Junction City Code, Vol. I,
§ 10-1-12.
(Prior Document, § 8-1-5) (Ord. 985, passed 3-18-1997)
1-1-14 Unruly Gathering
A. Allowing or causing any malicious or willful shouting, yelling, screaming or any other form
of raucous vocalization by a person or group of people on any private or public property
including property used to conduct business in a manner which disturbs the peace and
quiet of a neighborhood or a reasonable person of normal sensibilities.
1-1-1 5Abatement of Unruly Gathering
A. A peace officer may abate an unruly gathering by reasonable means including but not
limited to citation and/or order dispersal of the persons attending the gathering.
1-1-16Outdoor Speaker/Sound System
A. Maintaining or operating an outdoor speaker that is affixed to any structure or placed upon
any property where:
1. The speaker is audible for a distance of more than one hundred (100) feet from the
source; or
2. The speaker is two hundred fifty (250) feet or closer to a location that is zoned or
developed for residential use. This restriction shall not apply to intercommunications
systems that are utilized from 8:00 a.m. to 6:00 p.m. for the sole purpose of
conduction the internal business affairs of the establishment.
1-1-17 Persons Responsible for Noise Violations
A. The person responsible for any activity that violates this section shall be deemed
responsible for the violation.
B. If the person responsible for an activity that violates this section cannot be determined, the
owner, property manager or agent of the owner, sponsor of the event, lessee or occupant
of the property on which the activity is located shall be deemed responsible for the
violation.
C. Any person in attendance who engaged in any conduct causing the disturbance may also
be deemed responsible for the violation.
1-1-18 Enforcement
A. The Police Department and any other City department as designated by the City Manager
is authorized to enforce the provisions of this section. A complaining member of the public
shall not necessarily be required to appear in court before a violator may be found
responsible for a violation of this section.
B. Officers responding to a complaint under the provisions of this section may;
1. Advise the concerned parties of the violation and seek to gain voluntary compliance;
or
2. Issue a civil infraction violation.
C. Violations. It shall be unlawful and a violation of this ordinance for any person to operate or
to permit to be operated any site-specific source of sound which when measured at any
point of the property line where the noise emission is generated: (a) Creates a sound level
in excess of its ambient sound pressure level (LEQ) limit, indicated on Table 1 below:
TABLE 1 - LIMITING SOUND LEVELS FOR LAND
USE DISTRICTS
Zoning District Classifications LEQ Limits, dBA
Residential 60dBA 7am-8pm
55dBA {8pm-7am}
Commercial or Business 65dBA 7am-10pm
60dBA{10pm-7am}
Industrial 70dBA 7am-10pm
Rural 65dBA 10pm-7am)
65dBA 7am-9pm
60dBA{9pm-7am)
The LEQ limits specified in Table 1 are LEQ for a two (2) minute time interval. Partial LEQ levels may
be obtained as necessary to assure an accurate indication of the representative sound environment
for the site. (b) Sound projected from property within one (1) zoning district into property within
another zoning district of a lesser sound level limit shall not exceed such lesser sound level limit.
1-1-19 Penalty
A. Any person who shall violate any of the provisions of this Chapter or the City of Apache
Junction Code as amended herein shall be guilty of a civil infraction.
B. The penalty for a person found responsible for a first violation shall receive a warning; a
mandatory minimum fine of two hundred and fifty dollars ($250.00) for a second violation;
and a mandatory minimum fine of five hundred dollars ($500.00) for a third or subsequent
violation.
C. The Court may, in its own discretion, grant cost recovery for law enforcement services
and/or establish a surcharge.
D. Each subsequent violation shall be a separate offense, punishable as hereinabove
described.
E. Any person or persons making a complaint on a residential or commercial property in which
case no citation or action has been issues after the third instance, the person or persons
making the complaint may be subject to an administration fee of two hundred fifty dollars
($250.00). In the event of an anonymous caller to the same residence or commercial
property if no citation or action is taken after the third instance, it will be at the discretion of
the Police Chief or Commander to not respond or follow up to the call.
1-1-20 Exemptions
The following activities are exempted from the provisions:
A. Emergency work necessary to restore property to a safe condition following a fire, accident
or natural disaster; to restore public utilities; or to protect persons or property from an
imminent danger.
B. Sound made to alert persons to the existence of an emergency, danger or attempted crime.
C. Activities or operations of governmental units or agencies.
D. Parades, concerts, festivals, fairs or similar activities that have been approved by the City
for a special event permit.
E. Athletic, musical or cultural activities or events (including practices and rehearsals)
conducted by or under the auspices of public or private schools and public or private
colleges or universities.
F. Activity, including commercial activity, which is permitted under the zoning code, CUP or
development agreement.
G. Construction, repair, remodeling, demolition, drilling, landscape maintenance, landscaping,
lawn or yard work, wood cutting, including crafts and hobbies, or excavation work
conducted between 6.00 a.m. through 8.00 p.m. Mondays through Fridays. Also, a person
may engage in or allow such activities at that person's residence between 6:00 a.m. and
8:00 p.m. on Saturdays or Sundays.
H. HVAC system that have been deemed running within factory specifications by a licensed
HVAC contractor.