Loading...
HomeMy WebLinkAbout2020 09.01 City Council Regular 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 Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,September 1,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-415 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-416 Consideration of approval of minutes of the regular meeting of August 18, 2020. Sponsors: Jennifer Pena Attachments: Minutes 3. 20-422 Consideration of approval of award of contract to Cactus Asphalt for the crack seal of select city streets. The work would be through Pinal County cooperative job order contract No. 175923 in the amount of $136,303.97, plus a 10% contingency for unforeseen change orders and in the amount of$13,630.00, for a total project cost not to exceed $149,933.97. Work will result in a preserved street surface for the streets as presented and discussed for the FY20/21 CIP &Street Maintenance Plan at the June 16, 2020 City Council work session, work is planned for Fall, 2020. Sponsors: Shane Kiesow Attachments: SST20-18 Cactus Asphalt RS AIT Staff Memo SST20-18 Agreement-Cactus City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Meeting Agenda September 1,2020 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 4. 20-407 Presentation of thank you letter to Glenn Perkins Educational Foundation acknowledging the generous donation of$20,000.00 to the Apache Junction Public Library. Sponsors: Pamela Harrison Attachments: Glenn Perkins Educational Foundation letter-Mayor Draft-2020 5. 20-421 Presentation of proclamation designating September 17th -23rd as Constitution Week. Karen Barks of the Daughters of the American Revolution will be present to accept the proclamation. Sponsors: Jennifer Pena Attachments: Constitution Week F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 6. 20-417 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 7. 20-419 City Manager's Report. Sponsors. Bryant Powell 8. 20-424 Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 City Council Meeting Agenda September 1,2020 9. 20-426 Presentation, discussion, public hearing and consideration of Ordinance No. 1495, case PZ-7-20, a proposed city initiated corrective rezoning of 151 and 183 N. Palo Verde Dr., located near the northeast corner of Palo Verde Dr. and Apache Trail, from Medium Density Single-Family Detached Residential (RS-10M)to High Density Multiple-Family Residential (RM-2)to allow the usage of multi-family housing as intended by the original zoning designation. Sponsors. Kelsey Schattnik Attachments: 9.1.2020 PH CC Memo(PZ-7-20)with attachments 10. 20-427 Presentation, discussion, public hearing and consideration of Ordinance No. 1494, case PZ-5-20, a proposed city initiated corrective rezoning of 210 N. Ironwood Dr., located near the northwest corner of Ironwood Dr. and Apache Trail, from a split zoning of Recreational Vehicle Park(RVP)and General Commercial (B-1)to General Commercial (B-1)to allow the entire property to be developed under commercial standards as intended by the original zoning designation. Sponsors. Kelsey Schattnik Attachments: 8.11.2020 PH PZ-5-20 11. 20-374 Consideration of application for a series 009 (liquor store) liquor license application for Circle K Store#1556 located at 2360 W. Broadway Avenue. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo Application PD recommendation Fire recommendation Planning recommendation Building recommendation City of Apache Junction,Arizona Page 3 Printed on 6/16/2026 City Council Meeting Agenda September 1,2020 12. 20-373 Consideration of application for a series 010 (beer and wine store) liquor license application for Apache Marketplace located at 420 N. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo Application Fire recommendation PD recommendation Planning recommendation Building recommendation I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 13. 20-401 Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc. for the November 2020 and March 2021 household hazardous waste events in the amount of$80,000. Sponsors: Heather Hodgman Attachments: City Council Memo- Household Hazardous Waste 2020 HHW Agreement K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 14. 20-425 Discussion and possible direction to staff to conduct research and "full cost estimates"for a 50x80 flag along with the design, engineering, construction, lighting, and ongoing maintenance of the flag and pole. Sponsors: Jeff Serdy L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City of Apache Junction,Arizona Page 4 Printed on 6/16/2026 City Council Meeting Agenda September 1,2020 15. 20-418 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, September 14, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, September 15, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors: Bryant Powell M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,-3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information 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 5 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. PizoNr File ID: 20-415 Sponsor: Jennifer Pena Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 20-416 Sponsor: Jennifer Pena Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of August 18, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd MN* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,August 18,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the council meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Rizzi led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Troy Mullender, Police Department Commander Larry Kirch, Development Services Director Elan Vallender, Economic Development Specialist Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Councilmember Barker moved,seconded by Councilmember Rizzi that the agenda be accepted as presented,the minutes of the regular meetings of August 4th be approved,the extinguishment of the Federally Patent Easement for the North half of the 33 foot easement located at 15th Avenue from Old West Highway to Wickiup Road be approved and the vacation of the dedicated Right-of-Way on the South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West Highway to Wickiup Road, be approved. 1. 20-379 Consideration of acceptance of agenda. 2. 20-380 Consideration of approval of minutes of the regular meeting of August 4, 2020. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes August 18,2020 3. 20-358 Consideration of approval of the extinguishment of a Federally Patent Easement for the North half of the 33 foot easement, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. 4. 20-359 Consideration of approval of the vacation of the dedicated Right-of-Way on the South half of the 33 foot Right-of-Way, located at 15th Avenue from Old West Highway to Wickiup Road, for the purpose of consolidating parcels for the development of the Apache Junction Office Warehouse. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 5. 20-381 Announcement of current events from mayor and councilmembers. Councilmember Struble reminded the community that non profits are always looking for volunteers. Councilmember Evans has nothing. Vice Mayor Wilson reminded the community that Robin and himself are now running for mayor in the November election and if anyone sees their signs down to please give them a call and not to remove the signs themselves. Councilmember Barker stated that she is also fighting to keep her signs up due to mother nature and folks taking them down. Councilmember Schroeder has nothing. Councilmember Rizzi presented a donation of$5,000.00 to the Apache Junction DARE program from the Apache Junction Drug Coalition. Mayor Serdy has nothing. G. CITY MANAGER'S REPORT 6. 20-382 City Manager's Report. City Manager Bryant Powell thanked the Apache Junction Drug Coalition for the donation as the police department receives so many calls that deal with substance abuse issues. Mr. Powell stated how proud he is to see our two candidates running for mayor work together. Mr. Powell explained that at this time last year 66 single family home permits were pulled and as of now in 2020 we are at 100 permits which is a significant increase and great news. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes August 18,2020 H. PUBLIC HEARINGS 7. 20-362 Presentation, discussion, public hearing and consideration of Resolution 20-27 renewing the Old West Highway Redevelopment Area. Councilmember Barker moved,seconded by Vice Mayor Wilson that Resolution No.20-27,a resolution of the Mayor and City Council of the City of Apache Junction,Arizona, renewing the Old West Highway Redevelopment Area be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Economic Development Specialist Elan Vallender reminded council what the Old West Highway Redevelopment Area is and that it must be renewed at this time. Councilmember Barker asked what has changed since 2018 when it was renewed last. Mr. Vallender replied that commercial and residential redevelopment, median improvements and sidewalk installation has been completed. Mayor Serdy opened the public hearing. George Schroeder, 2444 W. Virginia Street, wants to know who is now applying for grants and wants to know when the streets in his neighborhood are going to be done. Mayor Serdy closed the public hearing. 8. 20-396 Presentation, discussion, public hearing and consideration of Resolution No. 20-24 declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Volume I, Chapter 11: Noise". Councilmember Barker moved,seconded by Vice Mayor Wilson that Resolution No.20-24 declaring as a public record that certain document filed with the city clerk entitled"2020 Amendments to the Apache Junction City Code,Volume I, Chapter 11: Noise" be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Mayor Serdy stated that items 8, 9 and 10 would be combined with one public hearing but that each item would need its own motion and vote. City Attorney Joel Stern explained the amendments that he made as directed by council at the night prior's work session. Mayor Serdy opened the public hearing for all three items. Dirk Begeman, 1522 E 22nd Avenue, questioned a clause regarding sound limits between his property and the neighbor's property. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes August 18,2020 Jeff Barlett, 108 N. Meridian Drive, feels that this should be a civil matter and we should support officer discretion. Mehmood Mohiuddin, 2304 N. Cortez Road, is in disagreement with the commercial and residential decibel levels. He believes this still jeopardizes businesses. George Schroeder, 2444 W. Virginia Street, says his neighbor has complained about his music and his tv. Darryl Cross, 1018 N. Acacia Road, thanked the council for their hard work they put into this ordinance. He reminded council that we are our own unique city and should not be compared to others. Mayor Serdy closed the public hearing. Councilmember Rizzi thanked the public who come and speak during the public hearings as it helps council with their decisions. Mayor Serdy stated that this noise ordinance is more lenient then other cities and towns. Vice Mayor Wilson gave general information related to noises and what decibel they are at. Mayor Serdy confirmed with City Manager Bryant Powell that this noise ordinance is only complaint driven. 9. 20-397 Presentation, discussion, public hearing and consideration of Ordinance No. 1492 amending Apache Junction City Code, Volume I, by adding new Chapter 11: Noise, and adopting by reference that certain document filed with the city clerk entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 11: Noise"; providing for severability; providing for penalties; and repealing any conflicting provisions. Councilmember Barker moved,seconded by Councilmember Rizzi that Ordinance No. 1492 be read by title only. City Clerk Jennifer Pena read Ordinance No. 1492 by title only. Councilmember Barker moved,seconded by Councilmember Rizzi that Ordinance No. 1492,an ordinance of the Mayor and City Council of the City of Apache Junction,Arizona,amending Apache Junction City Code,Volume I, by adding new Chapter 11: Noise,and adopting by reference that certain document filed with the city clerk entitled"2020 Amendments to the Apache Junction City Code,Vol. I,Chapter 11: Noise"; providing for severability; providing for penalties; repealing any conflicting provisions; be approved with the following amendments: replace the word "further"with the word"additional"on page 5. Yes: 6- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 1 - Councilmember Evans 10. 20-406 Presentation, discussion, public hearing and consideration of Ordinance No.1493 amending Apache Junction City Code, Volume I, Chapter 10: Offense, Article 10-1: Offenses; General, by repealing and replacing in its entirety section 10-1-12, Noise, subsection (A); providing for severability; City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes August 18,2020 providing for penalties; and repealing any conflicting provisions. Councilmember Barker moved,seconded by Vice Mayor Wilson that Ordinance No. 1493 be read by title only. City Clerk Jennifer Pena read Ordinance No. 1493 by title only. Councilmember Barker moved,seconded by Councilmember Evans that Ordinance No. 1493,an ordinance of the Mayor and City council of the City of Apache Junction,Arizona,amending Apache Junction City Code,Volume I,Chapter 10: Offense,Article 10-1: Offenses; General, by repealing and replacing in its entirety section 10-1-12, Noise,subsection(A); providing for severability; providing for penalties; and repealing any conflicting provisions; be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 I. OLD BUSINESS J. NEW BUSINESS 11. 20-377 Consideration for approval of Resolution No. 20-29, a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting the results of the primary election held on August 4, 2020. Councilmember Evans moved,seconded by Councilmember Barker to approve Resolution No. 20-29 a resolution of the Mayor and City Council of the City of Apache Junction, Pinal and Maricopa Counties,Arizona,declaring and adopting the results of the primary election held on August 4,2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena presented Resolution No. 20-29 to the council and shared voter statistics for the August 4th, 2020 primary election. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 20-383 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, August 31, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, September 1, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday,August 31,2020 and an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, September 1,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard, Apache Junction,Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes August 18,2020 Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC CJ Handley,1615 N. Apache Trail, stated that a duplex on his Filly's Restaurant property recently burnt down on June 22nd. The duplex was in an easement and he would like council to let them extinguish the easement so they can rebuild the duplex. Mike Parr, 1024 S. Cedar Street, is proposing to have a giant 50'x 80'flag put up in Flatiron Park. He said it will be donated by the people and could be a great attraction with the silhouette of Superstition Mountain in the back. Councilmember Evans asked Mr. Powell to have public works look into the extinguishment of the easement on Filly's property. Mayor Serdy stated that hundreds of people have supported the proposal of a flag in Flatiron Park and asked Mr. Powell to put this item on a direction to staff on a future council meeting for further discussion. N. ADJOURNMENT Mayor Serdy adjourned the council meeting at 8:05 pm. ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes August 18,2020 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 7 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 20-422 Sponsor: Shane Kiesow Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Consideration of approval of award of contract to Cactus Asphalt for the crack seal of select city streets. The work would be through Pinal County cooperative job order contract No. 175923 in the amount of$136,303.97, plus a 10% contingency for unforeseen change orders and in the amount of$13,630.00, for a total project cost not to exceed $149,933.97. Work will result in a preserved street surface for the streets as presented and discussed for the FY20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session, work is planned for Fall, 2020. 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: August 17, 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: Project#: SST20-18 Award City staff respectfully requests city council consideration of award of contract to Cactus Asphalt for project SST20-18 for the crack sealing of select streets within the city per the FY21 CIP & Street Maintenance Plan. The work would be scheduled during the day only. It is anticipated only restrictions to residential travel lanes occurring with no road closures. Public notification is planned to include advance notice signage of upcoming maintenance, fliers for area residents along with a news release of the upcoming work. Project is budgeted with the use of the city's street sales tax monies. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT #: SST20-18 "Crack Seal FY21" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and CACTUS ASPHALT, an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in c o o p e r a t i v e Pinal County Job Order Contract No. 175923, Contractor' s Estimate dated July 8, 2020 and this Agreement (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes, Title 34, and Apache Junction City Code ("A. J.C.C. ") Article 3-7, Procurement Procedure or such work is categorically exempt from such process . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1 . PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in cooperative Pinal County Job Order Contract No. 175923 and Contractor' s estimate dated July 8, 2020, Exhibit A, including, but not limited to: A. Crack vacuum and crack seal streets within the Renaissance Point, Arizona Grande, East Palm Springs and Superstition Vista Mobile Estates subdivisions. B. Apply approximately 50, 000 pounds of crack seal to cracks 1/4 inch to 1 inch in width. C. Crack fill cracks 1 inch to 2 inches utilizing Crack Mastic to a total weight of approximately 7, 500 pounds . D. Provide traffic control for the duration of the Work. Traffic control plan (s) shall be pre-approved by the City. 2 . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed one hundred thirty-six thousand three hundred three dollars and ninety- seven cents ($136, 303 . 97) (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3 . CONTRACT TERM: Contractor shall begin the Work no sooner than September 16, 2020 and complete it no later than February 26, 2021 . This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit . 4 . LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. S. 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 the Work as may be directed by City to conform to said Contract Documents . 2 6. 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 or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials 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. 7 . TAXES: Contractor shall pay all license, sales, transaction privilege, 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. 8 . 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 3 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 6. Contractor also acknowledges that the 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 . 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents . Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project . Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 4 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor' s duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable . 13 . SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval . All subcontractors shall be identified by Contractor prior to award of contract . Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 5 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work 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 respects the City, and any insurance or self-insurance maintained by City shall not contribute to it . Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The .insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit . City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement . The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 6 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 that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement. 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 Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. 7 Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows : "I am aware and understand the provisions of A.R. S. § 23 900et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect . The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119 . In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. 8 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional. insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order Is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance 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 maintenance agreement . The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance 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. 9 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegates its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice_ 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20 . 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. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: 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. 10 23 . FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement . In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24 . TERMINATION- A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U. S. Mail ten (10) calendar days before such termination takes effect . B_ TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document . Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U. S. Mail ten (10) calendar days before such termination takes effect . 11 25 . RECORDS: Records of Contractor' s labor, payrolland other costs pertaining to this Agreement shall be kept on 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 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. 12 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: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A. R. S. § 38-511 . 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 warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R. S. § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement . Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R. S. § 23- 13 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times . If state law is amended, the Parties may modify this paragraph consistent with state law. 14 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2020. CACTUS ASPHALT, an Arizona corpor By: Janl/es Gallegos its: Managing Partner CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: C*8.,5.20 Richard J. Stern City Attorney 15 Exhibit A '0000000'C'Mcital.5 ASPHALT To: CITY OF Apache Jlixtron Contact: Shane Klesow Address: 575 E.Baseline Road Phone: (480)982-1055 Apache]uriction„AZ 85219 Fax: (490)903-5752 Project Name: FY 2021 Crack Seal Bid Number: Project Location: East Plam Springs StrbdkMon/AZ Grande gJbdlvisbn,Apache Bid Date: 7/8/MX Junction,AZ tem# Item Description Estimated Quantity Unit Unit Price Total Price 1-1 Crack Ong 1/4 To 1'VAdih 50,000,00 LB $1.27 $63,500 00 1-3 Crack Vacuum 50,000.00 LB $0.15 $7,500.00 1-4 Traffic Control-Crack Seaing 50,000.00 LB $0.47 $23,500 00 2-1 Crack Seal 1'To 2'Utilizing Crack Mastic 7,500,00 LB $3,55 $26,625 00 2-2 Traffic Control-Crack Mastic 7,500.00 LB $1.03 $7,725 00 Sid Price Subtotal: $128,856J00 Pinal County,State And Apache Junction 5.7996: $7,453.97 Total Bid Price: $136,303.97 Notes: 'Standard Terms and Conditions to follow. •All scheduling corntivgeit upon mutuial agreement of Owner and Cactus Asphalt. -Prices above based on completing each task in one mobilization.If an additional mobilization is required,charges may apply. *Quoted Prices valid for 60 days unless otherwise noted. *Cactus is not responsble for notification,nor removal of vehicles and property from work a'eas. 'Cactus will reclure this proposal with exr:l2sions be included in arry contractual agreement. •In the evert that quantities differ from above,biding will reflect agreed upon measured qua itites. •EXCLUSIONS(Unless Otherwise Specified):Bands,Permits,Plans,Engneeri rg,Survey,StakMng,As-Builts,Testing,Inspector, Gradework,Landscape Areas,Weed Killer,Crack Routtrrg,Asphalt Patching,ABC or Landscape Materials,Vegetation Replacement,Preservatke Seats,Prirre Coat,Concrete Shxtures,Irrigation a,PipeV+,brk,Wlty Removal or Relocation, Drywets,Rp/ftap,Stoic Aural Badkfi l Striping,Sgrogei,Parking Bumpers Removal or Replacement,Import,Export, Excavation,Sbgrade Stabiizattxn,Removal of Debris Generated by Other Trades,Erosion Control,Thickened Pavement Edge,Pro)ect Information Sign And Any Special insurance Requrerrents. -Prir hg based off Phal County JOC#175923 7/t4rZIM 2:04.42 PM Pap I of I 16 A�ORO0 CERTIFICATE OF LIABILITY INSURANCE DATE ;3a o2°o"Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsements . PRODUCER CONTAEr- NAME: Diane Walsh Crest Insurance Group, LLC PHONE 480-689-5339 F 5285 East Williams Circle Suite 4500 No Tucson AZ 85711 -"'u` OWals cresbns.com INSUREP431 AFFORDING COVERAGE NAIC 0 INSURER A:Great American Insurance Company 16691 INSURED INSURER B:ACU 141154 Cactus Transport, Inc.dba: Cactus Asphalt INSURER C:Continental Casualty Company 20443 Cactus LPG LLC INSURER D:Carolina Casualty Insurance Company Compagy 10510 8211 W. Sherman Street INSURERE: Tolleson AZ 85353 INSURER F COVERAGES CERTIFICATE NUMBER:575662681 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY FF POLICY EXP LIMITS LTR POLICY NUMBER M MWD B X COMMERCIALGENERALLIABILITY Y Y Z78218 8/1/2020 8/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE M OCCUR PREMISES Ea rrence $500,0DO X $5.000 Ded MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,D00 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $3,000,000 POLICY a jE O. LOC PRODUCTS.COMPRJP AGG $3,000,0D0 OTHER: S B AUTOMOBILE LIABILITY Y Y Z78218 8/1/2020 8/1/2021 COMBIN IN LE LIMIT S 1,D00,0D0 Ea acrid nl X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per ecddsnl) S X HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per acddent S A UMBRELLA LMA X OCCUR TUU052884107 8/1/2020 811/2021 EACH OCCURRENCE $15,000,DD0 X EXCESS L" CLAIMS-MADE AGGREGATE $15,000,D00 OED I X I RETENTIONS n $ D WORKERS COMPENSATION Y CCWC247305 a/1/2020 811/2021 X PER H- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNERlEXECLfTIVE N NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBERE)(CLUDED? (Mandatory In NHI E.L.DISEASE•EA EMPLOYEE $1.000,000 If yea desvibe under DESCRIPTION OF OPERATIONS helow E.L.DISEASE-POLICY LIMIT $1,000,000 C Builders Risk 6050340529 8/1/2020 8/1/2021 Limit 3.000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If murs space Is nelulrad) Certificate holder and owner(if applicable)when required in a written Contract are additional Insured With respect to General Liability on a primary and noncontributory basis. Additional Insured status and primary and non contributory applies With respect to Auto Liability when required in a written Contract. A Waiver of Subrogation applies with respect to Auto Liability,General Liability,and Workers Compensation when required in a written contract.Umbrella Follows form over General Liability,Auto Liability and Workers'Compensation.This form is subject to all policy forms,terms,endorsements,conditions definitions& exclusions.Applicable Forms:CG7301,CG7194,CG7274,CA7261 &CA7214. RE:PROJECT#:SST20-18 Crack Seal FY21 Solely as respects work done by or on behalf of the named insured for the City of Apache Junction,it Is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Apache Junction 575 E. Baseline Road Apache Junction AZ 85219 AUTHOREZEDREPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. 'PizoN►' File ID: 20-407 Sponsor: Pamela Harrison Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Presentation of thank you letter to Glenn Perkins Educational Foundation acknowledging the generous donation of$20,000.00 to the Apache Junction Public Library. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 September 1, 2020 Amy Wells, Senior Vice-President/Trust Officer Glenn Perkins Educational Foundation First State Bank&Trust P.O. Box 1827 Williston,ND 58802 Dear Ms. Wells: We thank you for the generous donation of $20,000 to the Apache Junction Public Library. Continued funds from the Glenn Perkins Educational Foundation support literacy and learning initiatives for the residents of Apache Junction. We are grateful for your donation and will acknowledge it at a public City Council meeting in September. Sincerely, Jeff Serdy, Mayor City of Apache Junction ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. PizoNr File ID: 20-421 Sponsor: Jennifer Pena Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Presentation of proclamation designating September 17th -23rd as Constitution Week. Karen Barks of the Daughters of the American Revolution will be present to accept the proclamation. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 r Vrorlam tion CONSTITUTION WEEK SEPTEMBER 17 THROUGH SEPTEMBER 23, 2020 WHEREAS, September 17, 2020, marks the two hundred and thirty-third anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, 1, Jeff Serdy, by virtue of the authority vested in me as Mayor of the City of Apache Junction,Arizona,do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK in Apache Junction,and ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the day of 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk ►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.6. �Piz oN* File ID: 20-417 Sponsor: Jeff Serdy Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 20-419 Sponsor: Bryant Powell Agenda Date: 9/1/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 20-424 Sponsor: Bryant Powell Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 9. '+PizoN* File ID: 20-426 Sponsor: Kelsey Schattnik Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1495, case PZ-7-20, a proposed city initiated corrective rezoning of 151 and 183 N. Palo Verde Dr., located near the northeast corner of Palo Verde Dr. and Apache Trail, from Medium Density Single-Family Detached Residential (RS-10M)to High Density Multiple-Family Residential (RM-2)to allow the usage of multi-family housing as intended by the original zoning designation. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 O� PQACHE✓G'L nn n� U �y z City of Apache Junction gR/ZON� Development Services Department m "" P Date : August 19, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Kelsey Schattnik, Planner Subject : September 1, 2020, City Council Public Hearing Item: PZ-7-20 (Ordinance No. 1495) City-Initiated Rezoning of 151 and 183 N. Palo Verde Drive Background PZ-7-20 is a city initiated corrective rezoning of 151 N. Palo Verde Drive (101-02-1170) and 183 N. Palo Verde Drive (101-02- 116C) of the Newtown Subdivision from Medium Density Single- Family Detached Residential ("RS-10M") to High Density Multiple- Family Residential ("RM-2") , which allows the land usage of multi-family housing as intended by the original zoning designation. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on August 11, 2020 (planning staff report and exhibits attached) . The Commission unanimously recommended approval of the rezoning. The attached ordinance represents staffs and the Commission' s recommendation. Staff Recommendation Staff recommends approval of city-initiated rezoning case PZ-7- 20 . Attachments: - Draft Ordinance No. 1495 - PZ Staff Report from August 11, 2020, with all attachments. ORDINANCE NO. 1495 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTIES DESCRIBED IN REZONING CASE PZ-7-20, A CITY- INITIATED REZONING OF 151 AND 183 N. PALO VERDE DRIVE, FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-10M") TO HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL (-RM-2") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City of Apache Junction (the "City") was incorporated in November of 1978 and the zoning that was applied to the parcels at 151 and 183 N. Palo Verde Drive at that time was ("CR-5") ; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the City adopted a new zoning ordinance and zoning district maps, and the subject properties were inadvertently given a new zoning designation of Medium Density Single-Family Detached Residential ("RS-10M") ; and WHEREAS, the incorrect zoning was brought to the attention of staff when the current property owners inquired about the zoning of their property; and WHEREAS, on April 14, 2020, the planning and zoning commission gave direction to planning staff to proceed with a city-initiated rezoning for the subject properties; and WHEREAS, on August 11, 2020, the planning and zoning commission unanimously recommended approval of rezoning case PZ- 7-20 to the city council . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcels of land legally described as : ORDINANCE NO. 1495 PAGE 1 OF 3 Parcel 1 : The South 64 . 67 feet of the West half of Lot 4, Block 2, of AMENDED PLAT OF NEWTOWN, according to the plat of record in the Office of the County Recorder of Pinal County, Arizona, recorded in Book 5 of Maps, Page 23A (also known as parcel 101-02-1170) ; EXCEPT the West 2 . 5 feet thereof; Parcel 2 : The West half of Lot 4, Block 2, of NEWTOWN AMENDED SUBDIVISION, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, in Book 5 of Maps, Page 23-A; EXCEPT the South 64 . 67 feet thereof; and EXCEPT the West 2 . 5 feet thereof; and The South 32 . 67 feet of the West half of Lot 5, Block 2, of NEWTOWN AMENDED SUBDIVISION, according to the plat of record in the office of the County Recorder of Pinal County, Arizona, in Book 5 of Maps, Page 23-A; EXCEPT the West 2 . 5 feet thereof (also known as parcel 101-02- 116C) ; be and hereby is amended from Medium Density Single-Family Detached Residential ("RS-10M") to High Density Multiple Family Residential ("RM-2") . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1495 PAGE 2 OF 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1495 PAGE 3 OF 3 1 O� PQACHF✓GAO yz City of Apache Junction Development Services Department „, w��M'� qR/ZONP � `✓ PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: August 11, 2020 CASE NUMBER: PZ-7-20, "City Initiated Rezoning of 151 N. Palo Verde Dr. and 183 N. Palo Verde Dr. of the Newtown Subdivision" APPLICANT: City of Apache Junction, Staff Initiated Rezoning REQUEST: Proposed corrective rezoning of 151 and 183 N. Palo Verde Dr. from Medium Density Single-Family Detached Residential ("RS- 10M") to High Density Multiple-Family Residential ("RM-2") to allow the usage of multi-family housing as intended by the original zoning designation. LOCATION: The two properties are located along the east side of Palo Verde Dr. just north of Apache Trail in the Newtown Subdivision. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed-Use/ RS-10M (Medium Density Single-Family Detached Residential) SURROUNDING USES: North: Residential Lots, zoned RS-10M; South: Commercial Lots, zoned B-2; West: Residential Lots, zoned RS-10M and RVP; East: Residential Lots, zoned RS-10M. BACKGROUND The properties being considered in this rezoning are located just north of Apache Trail, on the east side of Palo Verde Drive. The parcels are known as Pinal County Tax Parcels No. 101-02-1170 (151 N. Palo Verde) and 101-02-116C (183 N. Palo Verde) . Case PZ-7-20 City-Initiated Rezoning of 151 and 183 N.Palo Verde Dr. August 11,2020 Planning and Zoning Commission Staff Report 2 Prior to 2014, the zoning designation for the two parcels in question was Multiple Family Residence ("CR-5") , which allowed for the apartments that were developed on these two properties. However, when the city adopted a new zoning ordinance and zoning district maps in 2014, the subject properties were incorrectly given the new zoning designation of Medium Density Single-Family Detached Residential ("RS- lOM") which is an incompatible zoning designation due to its single— family residence requirements. This zoning conflict was recently brought to the attention of the staff and creates potential nonconformity problems in continuing the current and formerly authorized usage of this property. On March 14, 2020, Staff brought the matter to the Planning and Zoning Commission and received direction to initiate a corrective rezoning. PROPOSAL PZ-7-20 is a city initiated corrective rezoning of 151 N. Palo Verde Drive (101-02-1170) and 183 N. Palo Verde Drive (101-02-116C) of the Newtown Subdivision from Medium Density Single-Family Detached Residential ("RS-10M") to High Density Multiple-Family Residential ("RM-2") , which allows the land usage of multi-family housing as intended by the original zoning designation. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Downtown Mixed-Use. " The proposed use is consistent with the General Plan. Zoning/Site Context: The two (2) privately owned multi-family residential properties are primarily surrounded by residential land. RS-10M zoned single-family residential properties to the north and east, Pleasant Acres RV Park to the west, and an apartment complex, zoned "B-1", to the south. Public Input: Public hearing notification letters noting the time, place, and proposed request were sent by staff to all property owners within a 300-foot radius of the subject site. Staff has not received any comments regarding the rezoning request. Case PZ-7-20 City-Initiated Rezoning of 151 and 183 N.Palo Verde Dr. August 11,2020 Planning and Zoning Commission Staff Report 3 PLANNING DIVISION RECOMMENDATION Planning Staff recommends the approval of the proposed corrective rezoning for the purpose of correcting a zoning district containing regulations conflicting with both the present and historic land use of the affected properties . Planning Staff offers the following Recommended Motion, should the Commission wish to forward a recommendation of approval or denial to the City Council. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of the rezoning case PZ-7- 20, a city-initiated request to rezone 151 and 183 N. Palo Verde Dr. of the Newtown Subdivision from Medium Density Single-Family Detached Residential ("RS-10M") to High Density Multiple-Family Residential ("RM-2") . SC.�rOV�h�t Prepared Kelsey Schattnik Planner Attachment: Exhibit #1 - PZ-7-20 Vicinity Exhibit Case PZ-7-20 City-Initiated Rezoning of 151 and 183 N.Palo Verde Dr. August 11,2020 Planning and Zoning Commission Staff Report oaj` oryo 41 ? ' �F Vicinity Map laT � PZ - 7 - 20 City-Initiated Rezoning Request from Medium Density Single-Family Detached Residential ( "RS- 10M" ) to High Density Multiple-Family Residential ( "RM-2 " ) . RS-10M RS M RS-10M -10 183;N Pal Verde Dr. 101-02-116C RS-10M RS-10M 151 N. Pal Verde Dr. 101-02.1170 L 0 L 0 0 B-2 L Q L M RVP > B-2 cA 0 M a B-2 B-2 I EJ Subject Site N 0 50 100 Feet Apache Trail ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. '+PizoN* File ID: 20-427 Sponsor: Kelsey Schattnik Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1494, case PZ-5-20, a proposed city initiated corrective rezoning of 210 N. Ironwood Dr., located near the northwest corner of Ironwood Dr. and Apache Trail, from a split zoning of Recreational Vehicle Park(RVP)and General Commercial (B-1)to General Commercial (B-1)to allow the entire property to be developed under commercial standards as intended by the original zoning designation. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 O� PQACHE✓G'L nn n� U �y z City of Apache Junction gR/ZON� Development Services Department m "" P Date : August 19, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Kelsey Schattnik, Planner Subject : September 1, 2020, City Council Public Hearing Item: PZ-5-20 (Ordinance No. 1494) City-Initiated Rezoning of 210 N. Ironwood Dr. Background This is a city-initiated corrective rezoning of 210 N. Ironwood Dr. (parcel 101-02-0670) from a split zoning of Recreational Vehicle Park ("RVP") and General Commercial ("B-1") to General Commercial ("B-1") , which allows the entire property to be developed under commercial standards as intended by the original zoning designation. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on August 11, 2020 (planning staff report and exhibits attached) . The Commission unanimously recommended approval of the rezoning. The attached ordinance represents staffs and the Commission' s recommendation. Staff Recommendation Staff recommends approval of city-initiated rezoning case PZ-5- 20 . Attachments: - Draft Ordinance No. 1494 - PZ Staff Report from August 11, 2020, with all attachments. ORDINANCE NO. 1494 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-20, A CITY- INITIATED REZONING OF 210 N. IRONWOOD DRIVE, FROM RECREATIONAL VEHICLE PARK ("RVP") AND GENERAL COMMERCIAL ("B-1") TO GENERAL COMMERCIAL ("B-1") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, in 1985 the property at 210 N. Ironwood Drive was rezoned to straight Local Commercial District ("C-2") under Ordinance no. 438; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the council adopted a new zoning ordinance and zoning district maps, and the subject property was inadvertently given a split zoning of Recreational Vehicle Park ("RVP") for roughly the west half of the property and General Commercial ("B-1") for roughly the east half of the property; and WHEREAS, the incorrect zoning was brought to staff' s attention when the current property owner inquired about adding an additional structure to the property; and WHEREAS, on May 26, 2020, the planning and zoning commission gave direction to planning staff to proceed with a city-initiated rezoning for the subject property; and WHEREAS, on August 11, 2020, the planning and zoning commission in a vote of 5 : 0 recommended approval of rezoning case PZ-5-20 to the council . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcel of land legally described as : ORDINANCE NO. 1494 PAGE 1 OF 3 Lot 10, Block 3, of Amended Plat of Newtown, according to the plat of record in the Office of the County Recorder of Pinal County, Arizona, recorded in book 5 of maps, page 23A. Except the east 17 feet thereof as set forth in instrument recorded September 26, 1985 as docket 1312, page 241 (also known as parcel 101-02-0670) , be and hereby is amended from Recreational Vehicle Park ("RVP") and General Commercial ("B-1") to General Commercial ("B-1") . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: ORDINANCE NO. 1494 PAGE 2 OF 3 JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1494 PAGE 3 OF 3 O� PQACHF✓GAO �yZ City of Apache Junction Development Services Department „, w��M' qR/ZONP � `✓ PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: August 11, 2020 CASE NUMBER: PZ-5-20, "City Initiated Rezoning of 210 N. Ironwood Dr. " APPLICANT: City of Apache Junction, Staff Initiated Rezoning REQUEST: Proposed corrective rezoning of 210 N. Ironwood Drive from Recreational Vehicle Park ("RVP") and General Commercial ("B- 1") to General Commercial ("B-1") . LOCATION: The property at 210 N. Ironwood Drive is located just north of Apache Trail and south of Hope Women' s Center. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed Use / RVP (Recreational Vehicle Park) and B-1 (General Commercial) SURROUNDING USES: North: Commercial Lot, zoned B-1; South: Commercial Lots, zoned B-1 and B-2/PD; West: Residential Lots, zoned RVP; East: Residential Lots, zoned RS-20M. BACKGROUND The property at 210 N. Ironwood Drive is located just north of Apache Trail and south of Hope Women' s Center. The property is currently split zoned General Commercial ("B-1") and Recreational Vehicle Park (-RVP") . In 1985, this property was rezoned to straight Local Commercial District ("C-2") under Ordinance no. 438 . In 2014, the zoning maps should have assigned a General Commercial ("B-1") zoning district to the property. Instead, it was incorrectly assigned a split zoning of Case PZ-5-20 City-Initiated Rezoning of 210 N.Ironwood Drive August 11,2020 Planning and Zoning Commission Staff Report B-1 on the east half of the property and RVP ("Recreational Vehicle Park") on the west half of the property. The incorrect zoning was brought to our attention when the property owner inquired about developing the western half of their property with an education center. This rezoning will correct the 2014 zoning map error, as well as allow the west half of the property to be developed under commercial development standards. On May 26, 2020, Staff brought the matter to the Planning and Zoning Commission and received direction to initiate a corrective rezoning. PROPOSAL PZ-5-20 is a city-initiated corrective rezoning of parcel 101-02-0670 from Recreational Vehicle Park ("RVP") and General Commercial ("B-1") to General Commercial ("B-1") , which allows the entire property to be developed under commercial standards as intended by the original zoning designation. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Downtown Mixed Use. " The rezoning is in compliance with the General Plan. Zoning/Site Context: The property is primarily surrounded by a mix of residential and commercial properties . Commercial properties to the north and south, Arizuma MHP to the west, and a church, zoned "RS-10M", to the east. Public Input: Public hearing notification letters noting the time, place, and proposed request were sent by staff to all property owners within a 300-foot radius of the subject site. Staff has not received any comments regarding the rezoning request. PLANNING DIVISION RECOMMENDATION Planning Staff recommends the approval of the proposed corrective rezoning to allow the entire property to be developed under commercial standards as intended by the original zoning designation. Case PZ-5-20 City-Initiated Rezoning of 210 N.Ironwood Drive August 11,2020 Planning and Zoning Commission Staff Report Planning Staff offers the following Recommended Motion, should the Commission wish to forward a recommendation of approval or denial to the City Council. RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of the rezoning case PZ-5- 20, a city-initiated request to rezone the property at 210 N. Ironwood Drive from Recreational Vehicle Park ("RVP") and General Commercial ("B-l") to General Commercial ("B-1") . 4�� 56voz_& Prepared y Kelsey Schattnik Planner Attachment: Exhibit #1 - PZ-5-20 Vicinity Exhibit Case PZ-5-20 City-Initiated Rezoning of 210 N.Ironwood Drive August 11,2020 Planning and Zoning Commission Staff Report B Ln�J4�AlU 5,0♦♦♦♦14,01♦♦♦♦♦♦♦♦♦ 0hL ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦1 ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ ♦ ♦♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� O ♦♦♦♦♦♦♦♦♦♦j♦♦♦j♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� Roosevelt St �i�i�i�i�i�i�i�i�i�i�i���i���i���i���i�i�i��♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦�♦� _ O p AM D LSC9/LrLJ 0 �S - ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 11. PizoNr File ID: 20-374 Sponsor: Jennifer Pena Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Consideration of application for a series 009 (liquor store) liquor license application for Circle K Store#1556 located at 2360 W. Broadway Avenue. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 d City of Apache Junction I� 300 East Superstition Boulevard • Apache Junction, Arizona 85119 •www.ajcity.net SEPTEMBER 1, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 010 BEER &WINE STORE LIQUOR LICENSE FOR CIRCLE K STORE #1556 An application for a Series 009 liquor store liquor license has been submitted by Kim Kwiatkowski for Circle K Store #1556 located at 2360 W. Broadway Avenue in Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on July 23, 2020 and the Apache Junction City Clerk's Office received the application on July 27, 2020. The notice of public hearing was posted at the premises on July 29, 2020. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliance matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendations of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by September 21, 2020. Home of the Superstition Mountains I CA State of Arizona A 'c`G'`t- 3Uan Lo Department of Liquor Licenses and Control KP- . m M Created 07/23/2020 @ 11:17:46 AM Local Governing Body Report LICENSE Number: 09110058 Type: 009 LIQUOR STORE Name: CIRCLE K STORE#1556 State: Pending Issue Date: Expiration Date: 08/31/2020 Original Issue Date: 08/13/1979 Location: 2360 W BROADWAY AVENUE APACHE JUNCTION,AZ 85220 USA Mailing Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (480)983-2813 Alt.Phone: (602)728-4783 Email: AZLICENSE@CIRCLEK.COM Currently,this license has pending applications. AGENT Name: KIM KENNETH KWIATKOWSKI Gender: Male Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM OWNER Pagc I of 6 Name: CIRCLE K STORES INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: F00065980 State of Incorporation: AZ Incorporation Date: 04/08/1957 Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM Officers/Stockholders Name: Title: %Interest: CIRCLE K DELAWARE INC Stockholder 100.00 TIMOTHY SHAWN TOUREK Vice-President KATHLEEN K CUNNINGTON President,Sec,Treas, Director KIM KENNETH KWIATKOWSKI Sec COUCHE TARD US INC - Stockholder Name: MACS CONVENIENCE STORES INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM MACS CONVENIENCE STORES INC - Stockholder Name: COUCHE TARD INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM r Page 2 of 6 COUCHE TARD INC - Stockholder Name: DEPAN ESCOMPTE COUCHE TARD INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM DEPAN ESCOMPTE COUCHE TARD INC - Stockholder Name: ALIMENTATION COUCHE TARD INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM CIRCLE K STORES INC - Stockholder Name: CIRCLE K DELAWARE INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM Patic 3 of 6 CIRCLE K CORPORATION - Stockholder Name: COUCHE TARD US INC Contact Name: KIM KWIATOKSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM CIRCLE K DELAWARE INC - Stockholder Name: CIRCLE K CORPORATION Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: AZ Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt.Phone: Email: AZLICENSE@CIRCLEK.COM CIRCLE K DELAWARE INC - Sec CIRCLE K STORES INC - Sec Name: KIM KENNETH KWIATKOWSKI Gender: Male Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM Paoc 4 of 6 ALIMENTATION COUCHE TARD INC - VP CIRCLE K CORPORATION - Pres/SEC CIRCLE K DELAWARE INC - Pres/SEC CIRCLE K STORES INC - President,Sec, Treas, Director COUCHE TARD INC - VP COUCHE TARD US INC - Pres/SEC DEPAN ESCOMPTE COUCHE TARD INC - VP MACS CONVENIENCE STORES INC - VP Name: KATHLEEN K CUNNINGTON Gender: Female Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-7137 Alt.Phone: Email: KCUNNINGTON@CIRCLEK.COM CIRCLE K STORES INC - Vice-President Name: TIMOTHY SHAWN TOUREK Gender: Male Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4306 Alt.Phone: Email: TTOUREK@CIRCLEK.COM MANAGERS Name: JANET KAY MEZA Gender: Female Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-7750 Alt. Phone: Email: JMEZA@CIRCLEK.COM Page 5 of 6 APPLICATION INFORMATION Application Number: 114966 Application Type: Location/Owner Transfer Created Date: 07/23/2020 QUESTIONS & ANSWERS 009 Liquor Store 1) Are you applying for an Interim Permit(INP)? No 4) Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City,Town or Tribal Reservation? No 13) Please provide name,address,and Distance of nearest school. IMAGINE PREP SUPERSTITION HIGH SCHOOL 1843 W 16TH AVE,APACHE JCT,AZ 85120 3,230 FT 14) Please provide name, address,and distance of nearest church. FAMILY OF FAITH BIBLE CHURCH 15) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company OWNER 16) Is there a penalty if lease is not fulfilled? No 17) What is the total money borrowed for the business not including the lease? Please list lenders/people owed money for the business. WELLS FARGO BANK ACCT-4123020789 333 S GRAND AVE, 12TH FL,LOS ANGELES CA 90071 $0 18) is there a drive through window on the premises? No 19) If there is a patio please indicate contiguous or non-contiguous within 30 feet NONE 20) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No 27) Total Price paid for Series 6 Bar, Series 7 Beer&Wine Bar or Series 9 Liquor Store(license only) $90,000.00 Page 6 of 6 W N O co V O,N A W N�-• u N N _O W Ol A p �O O N V 3 0 P 3 A 0 M ' m n 3 E Q 3 n IZ -9 .+ Or > W P T. O P S O l 3 0 l t7 m _ n I .. N O_I1 D C SZ P 3 0 N O O C3 ty(SJ\' m 4.6j� N a I N �p �P 3 M Q m W 3 3 O l f0 = 3 3 0 U h VI VI 3 W h N t .ZI Z O nO ry 3 3 3 h 3 N h 0 3 .a.f. ° , .Tt.` - x h Zf E N C T` ty 6 4 V 0 MS2 A Z I 3 N N ^' N 3 N 3 C7 Cl m h P W n N l n O D 0 CI J N G l P n ] P 0 0 3 * b^ / a P 3 n ~ n m mm N (O S2.U 3 N < N N VI l A l .-. z noa x I m 6'O p ( /1 i f :3N o ry N P n V l h\ ❑10 N A ♦ Z-I 3 7 z-I AI P 7 (j'� U o ' V p �U O t 8, °A. (AIL 3 q' N I Ln= 1031 R71 A O s1-3 lil`J 3'-1 14" N �. N o31J!/APUo3 3 'Y 4'—1 %y O! I... v• 3 /'-f� 1 lJ � A W N .- al�. 0 A �� �9 Cl b e m 3 N -3 m !^•+ p C. 1 X N P Z MJ- NC0 O Q O A 1 S 1011 7 h D ••�1+ p c a +i Q O r -i ass i, a O 3 m ,P � Ci ;F 7 �O h n Cr Z U I_ ar^ H1. f6,4 y A 5 1 3 O a naf n n I h m 3 P frl —r � , 'Oaq I O x y 1 P Vl ME C Q h z Q a N E. 3 Z O y P r ' \ n 3 P_ O } ^_ O S A lo._C' N Q n n n P o Q r 0 o ' `0 n n r, n d " w m c N p 0 Y n 3 P + T 3 P DO 3 m c n V p s 4`' ^1" :3 h �PpACHF�G POLICE Apache Junction Police Department :E Interdepartmental Memo �4RiM�s gRIZONP DATE: 7/30/2020 TO: Ms. Jillian Bright, Deputy City Clerk City Clerk's Office FROM: Lieutenant T. Parker SUBJECT: Circle K Store#1556, Premise Liquor Inspection Ms. Bright, At your request I conducted a liquor and business inspection of the Circle K Store#1556, a local convenient store, at 2360 W. Broadway Avenue. The inspection/review occurred on 7/30/2020. The main entrance is located on the south side of the building towards the roadway of West Broadway Avenue. At the time of my inspection the business was open. As I conducted the inspection I noticed the floor plan that was submitted with the application packet matched current floor layout. The product placement of liquor and beer will be within the designated areas listed within the store diagram submitted. My inspection indicates the following: • The nearest religious worship facilities are: • Apache Junction Church of Christ at 609 S. Grand Drive and, • Apache Junction Calvary Chapel at 2229 W. Broadway Avenue; • All religious facilities however are outside the three hundred feet restriction in accordance with A.R.S. 4-207. • The nearest school is Imaginary Prep Academy at 1843 W. 16t' Avenue in Apache Junction. • There are no known permitted childcare facilities nearby. • Kim Kwiatkowski the applicant, has no significant contact with the Apache Junction Police Department. Therefore, with our findings and observations this police department does not object in approving the liquor license for this establishment as long as all other laws and requirements have been met to the City of Apache Junction, County of Pinal, and State of Arizona. Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Thursday, August 13, 2020 5:29 PM To: Jillian Bright; Rudy Esquivias; Dave Zellner; Rick Ochs Cc: Jennifer Pena; Maureen Fredrickson; Rick Ochs Subject: RE: [External] Liquor License App for Circle K Store# 1556 Good evening. SFMD recommends approval of this application. Thank you. Tina Gerola I Fire Inspector .* Community Risk Reduction Specialist M Superstition Fire&Medical District �1 Office 1 (480) 982-4440 ext. 104 A Mobile 1 (480)416-9775 NEW MOBILE NUMBER OffirP Hrnim I Mnnrlav-Thnrcrlav from lam-From Connect with us! O© CT-6.)CD Q Q From:Jillian Bright<jbright@AJ City.Net> Sent: Monday,July 27, 2020 12:06 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for Circle K Store# 1556 Good Afternoon, The city clerk's office has received the attached application for a type 009 liquor store liquor license for Circle K Store #1556. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 18t" in order for this item to be on the September 1 It council meeting. Thank You, r"I'/ � _ -'/_.c Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: I City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Rudy Esquivias Sent: Monday, August 3, 2020 1:19 PM To: Jillian Bright; Dave Zellner; 'Tina Gerola'; 'Rick Ochs' Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: Liquor License App for Circle K Store# 1556 - 2360 W Brwy Hi Jill: The Planning Division has no objections to this liquor license transaction request. The convenience/gas mart is appropriately zoned B-1 General Business and the use has been in existence since 1978 according to assessor's information. C&ua E quivica Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Jillian Bright Sent: Monday, July 27, 2020 12:06 PM To: Rudy Esquivias; Dave Zellner; 'Tina Gerola'; 'Rick Ochs' Cc: Jennifer Pena; Maureen Fredrickson Subject: Liquor License App for Circle K Store # 1556 Good Afternoon, The city clerk's office has received the attached application for a type 009 liquor store liquor license for Circle K Store #1556. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 181" in order for this item to be on the September 1 st council meeting. Thank You, Jf,L 13 r6g4At Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: bN City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Dave Zellner Sent: Tuesday,August 18, 2020 9:35 AM To: Jillian Bright Subject: RE: Liquor License App for Circle K Store# 1556 Hi Jillian,the Building Division has no objections to this request. Dave Z From: Jillian Bright Sent: Monday, August 17, 2020 11:49 AM To: Dave Zellner Subject: FW: Liquor License App for Circle K Store # 1556 Just a reminder that I need your recommendation for Circle K Store #1556 by tomorrow afternoon! Thank You, Jill Bright l 'I� From:Jillian Bright Sent: Monday,July 27, 2020 12:06 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs' <rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for Circle K Store# 1556 Good Afternoon, The city clerk's office has received the attached application for a type 009 liquor store liquor license for Circle K Store #1556. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 181" in order for this item to be on the September 1 st council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: Coll " Loki City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 12. PizoNr File ID: 20-373 Sponsor: Jennifer Pena Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Consideration of application for a series 010 (beer and wine store) liquor license application for Apache Marketplace located at 420 N. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 d City of Apache Junction I� 300 East Superstition Boulevard • Apache Junction, Arizona 85119 •www.ajcity.net SEPTEMBER 1, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 010 BEER &WINE STORE LIQUOR LICENSE FOR APACHE MARKETPLACE An application for a Series 010 beer and wine store liquor license has been submitted by Andrea Lewkowitz for Apache Marketplace located at 420 N. Apache Trail in Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on July 23, 2020 and the Apache Junction City Clerk's Office received the application on July 27, 2020. The notice of public hearing was posted at the premises on July 29, 2020. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. The applicant has informed us that they will not be in attendance at tonight's meeting. Correspondence related to inspections of the premises for safety and code compliance matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendations of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by September 21, 2020. Home of the Superstition Mountains Ca �1 Job 1 27 O L State of Arizona L6 Department of Liquor Licenses and Control K �Q 4 � Created 07/23/2020 @ 08:23:29 AM Local Governing Body Report LICENSE Number: Type: 010 BEER AND WINE STORE Name: A&D SHELL State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 420 N APACHE TRAIL APACHE JUNCTION,AZ 85120 USA Mailing Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (480)288-6666 Alt. Phone: (602)200-7222 Email: ANDREA@LEWKLAW.COM AGENT Name: ANDREA DAIILMAN LEWKOWITZ Gender: Female Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt. Phone: Email: ANDREA@LEWKLAW.COM OWNER Page I of 3 Name: SiAL STORES LLC Contact Name: ANDREA DAHLMAN LEWKOWITZ Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23088590 State of Incorporation: AZ Incorporation Date: 05/21/2020 Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt. Phone: Email: ANDREA@LEWKLAW.COM Officers/Stockholders Name: Title: %Interest: JUNAIB AHMED RIZVI MGR/MEMBER/STOCKHO 100.00 LDER SAL STORES LLC - MGR/MEMBER/S TO C K H OL D E R Name: JUNAIB AHMED RIZVI Gender: Male Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (503)484-3161 Alt. Phone: Email: JARIZVI@HOTMAIL.COM APPLICATION INFORMATION Application Number: 112702 Application Type: New Application Created Date: $fi>�i' 20 7123(`Z-orb QUESTIONS & ANSWERS 010 13eer and Wine Store I) Are you applying for an Interim Permit(INP)? Yes A Document of type INTERIM PERMIT(INP)NOTARY PAGE is required. 2) Provide name, address,and distance of nearest school and church. (If less than one(I)mile note footage) SCHOOL Apache Trail High School 1945 Apache Trail,Apache Junction,AZ 85120 1,656 FT. CHURCH Table Of Grace Church 1 555 Apache Trail,Apache Junction.AZ 85120 2,816 FT. Page 2 of 3 • 3) Are you one of the foi,uwing?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company PROPERTY OWNER 4) Is there a penalty if lease is not fulfilled? No 5) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 6) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. $575,000.00 CELTIC BANK 268 S State St.,Suite 300, Salt Lake City UT 84111 7) Is there a drive through window on the premises? No 8) If there is a patio please indicate contiguous or non-contiguous within 30 feet. NO PATIO 9) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No DOCUMENTS DOCUMENT TYPE FILE NAME UPLOADED DATE INTERIM PERMIT(INP)NOTARY A&D Shell_AzDLLC_Section 06/24/2020 PAGE 5_PENDING.pdf DIAGRAM/FLOOR PLAN A&D Shell—Premises Diagram—Jun 23 06/24/2020 20.pdf ALIEN STATUS A&D Shell—Agent Quest+Ltr(Andrea) 06/24/2020 _Jun 9 20.pdf QUESTIONNAIRE A&D Shell_CP Jay Rizvi_Quest+ 06/24/2020 Training_Jun 8 20.pdf Page 3 of 3 State of Arizona Department of Liquor Licenses and Control Created 07/23/2020 @ 08:29:15 AM Local Governing Body Report LICENSE Number: INP1 1 00 1 1 872 Type: INP INTERIM PERMIT Name: A&D SHELL State: Active Issue Date: 07/23/2020 Expiration Date: 11/05/2020 Original Issue Date: 07/23/2020 Location: 420 N APACHE TRAIL APACHE JUNCTION,AZ 85120 USA Mailing Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (480)288-6666 Alt. Phone: (602)200-7222 Email: ANDREA@LEWKLAW.COM AGENT Name: ANDREA DAHLMAN LEWKOWITZ Gender: Female Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt. Phone: Email: ANDREA@LEWKLAW.COM OWNER Page 1 of 2 Name: bt%L STORES LLC Contact Name: ANDREA DAHLMAN LEWKOWITZ Type: LIMITED LIABILITY COMPANY AZ CC File Number: 23088590 State of Incorporation: AZ Incorporation Date: 05/21/2020 Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt. Phone: Email: ANDREA@LEWKLAW.COM Officers/Stockholders Name: Title: %Interest: JUNAIB AHMED RIZVI MGR/MEMBER/STOCKHO 100.00 LDER SAL STORES LLC - MMMEMBER/STOCKHOLDER Name: JUNAIB AHMED RIZVI Gender: Male Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (503)484-3161 Alt. Phone: Email: JARIZVI@HOTMAIL.COM APPLICATION INFORMATION Application Number: 112706 Application Type: New Application Created Date: 96/-2�— QUESTIONS & ANSWERS INP Interim Permit 1) Enter License Number currently at location lonlq-7 2) is file license currently in use? yeses 3) Will you please submit section 5,page 6,of the lice pplication when you reach the upload page? Y Page 2 of 2 A&D She]] 420 N. Apache Trail Apache Junction, AZ 85120 2600 sq ft STACK COOUMABSTROD�B ROOM I.KYiJOA SI'ORAGB a w F U w � (MECK OUT COULTER r c.., MAIN EMBANKS r� r- N N• n CO 2 State of Arizona Department of Liquor Licenses and Control Created 08/13/2020 @ 04:07:57 PM Local Governing Body Report LICENSE Number: Type: 010 BEER AND WINE STORE Name: APACHE MARKETPLACE State: Pending r�^, Issue Date: Expiration Date: --' Original Issue Date: . Location: 420 N APACHE TRAIL ,w APACHE JUNCTION,AZ 85120 r' USA &' Mailing Address: 2600 N CENTRAL AVENUE _ #1775 1`y PHOENIX,AZ 85004 ��� " USA �R Phone: (480)288-6666 N � s� Alt.Phone: (602)200-7222 Email: ANDREA@LEWKLAW.COM AGENT Name: ANDREA DAHLMAN LEWKOWITZ Gender: Female Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt.Phone: Email: ANDREA@LEWKLAW.COM OWNER Pagel of 3 State of Arizona Department of Liquor Licenses and Control Created 08/13/2020 @ 04:07:54 PM Local Governing Body Report LICENSE umber: INP1 1001 1 872 Type: INP INTERIM PERMIT n"i ame: APACHE MARKETPLACE State: Active �- Issue Date: 08/13/2020 Expiration Date: 11/05/2020 Original Issue Date: 07/23/2020 LO Location: 420 N APACHE TRAIL J:I APACHE JUNCTION,AZ 85120 USA Mailing Address: 2600 N CENTRAL AVENUE #1775 2F PHOENIX,AZ 85004 USA 5 Phone: (480)288-6666 Alt.Phone: (602)200-7222 AMENDMENT Email: ANDREA@LEWKLAW.COM AGENT Name: ANDREA DAHLMAN LEWKOWITZ Gender: Female Correspondence Address: 2600 N CENTRAL AVENUE #1775 PHOENIX,AZ 85004 USA Phone: (602)200-7222 Alt.Phone: Email: ANDREA@LEWKLAW.COM OWNER Page I of 2 I'D i- E L•= Arizona Department of Liquor Licenses and Control JR�,,. 800 W Washington 51h Floor Phoenix, AZ 85007-2934 www.azliquor.gov .r„ . (602) 542-5141 do cotrc�° gRfZONP QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by R19-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legally binding document. Please type or print in black ink. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments:Social security and birth date information is confidential.This information may be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A$22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. Liquor License#: 112702 1. Check the Appropriate Box � ❑Controlling Person ❑✓ Agent —]Premises Manager (complete all questions except#12) 2. Name LEWKOWITZ, ANDREA DAHLMAN Birth Date: Last First Middle (NOT a public record) 3.Social Security#: Driver License#: State: 4. Place of birth: HeigFy� - 7_I N A w r—l�lejq� Eyes: Hair: City State COUNTRY(not county) vr�' ,11 5. Name of current/most recent spouse: !..! Y l ®ate: _ Last First Middle (NOT a public record) 6.Are you a bona fide resident of Arizona? ❑Yes❑,lo If yes,what is your date of residency: 7. Daytime telephone number: E-mail address: lasiness Name: APACHE MARKETPLACE Business Phone: 9. Business Location Address: Street (do not use PO Box) City State County Zip 10. List your em to ment or type of business during the post five 5) years.If unemployed, retired, or student, list residence address. FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month Year Month/Year Street Address.City.State&Zip) CURRENT (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/1 1/2018 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-2999 - 1 <�r. t;c. Ffit ice` �J, - Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor � :- Phoenix, AZ 85007-2934 " z www.azliquor.gov (602) 542-5141 do cotrc�° 4Rr2oNp QUESTIONNAIRE A.R.S.§4-202, 4-210 Type or Print with Black Ink The fees allowed by R19-1-102 will be charged for all dishonored checks. ATTENTION APPLICANT: This is a legally binding document. Please type or print in black ink. An investigation of your background will be conducted. Incomplete applications will not be accepted. False or misleading answers may result in the denial or revocation of a license or permit and could result in criminal prosecution. Attention local governments:Social security and birth date information is confidential.This information may be given to law enforcement agencies for background checks only. QUESTIONNAIRE IS TO BE COMPLETED BY EACH CONTROLLING PERSON, AGENT AND MANAGER BEING DISCLOSED TO THE DEPARTMENT. EACH PERSON COMPLETING THIS FORM MUST SUBMIT A BLUE OR BLACK LINED FINGERPRINT CARD ALONG WITH A$22 FEE. FINGERPRINTS MUST BE DONE BY A LAW ENFORCEMENT AGENCY OR BONA FIDE FINGERPRINT SERVICE. FOR AN ADDITIONAL $13 FEE, FINGERPRINTS MAY BE DONE AT THE DEPARTMENT OF LIQUOR WHEN ACCOMPANIED BY A COMPLETED APPLICATION. Liquor License#: 112702 1. Check the Appropriate Box ❑Controlling Person ❑✓ Agent ❑Premises Manager (complete all questions except#12 2. Name RIZVI, JUNAIB AHMED —Birth Date: / / Last First Middle (NOT a public record) 3.Social Security#: Driver License#: State: 4. Place of birth: Height: Weight: Eyes: Hair: City State COUNTRY(not county) 5. Name of current/most recent spouse: —l.D r T Last ragNTZddk EcN (,OT a Public record) 6.Are you a bona fide resident of Arizona? ❑yes❑No If yes,what is your date of residency: 7. Daytime telephone number: E-mail address: lousiness Name: APACHE MARKETPLACE Business Phone: 9. Business Location Address: Street (do not use PO Box) City State County Zip 10. List vour emlolovinient or type of business during the post five 5) years.If unemployed, retired, or student, list residence address. FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month/Year Month/Year Street Address,City,State&Zip) CURRENT (ATTACH ADDITIONAL SHEET IF NECESSARY) 1/1 1/2018 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-2999 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Thursday, August 13, 2020 5:31 PM To: Jillian Bright; Rudy Esquivias; Dave Zellner; Rick Ochs Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: [External] Liquor License App for A&D Shell Good evening. SFMD recommends approval of this application. Thank you. Tina Gerola I Fire Inspector .* Community Risk Reduction Specialist M Superstition Fire&Medical District �1 Office 1 (480) 982-4440 ext. 104 A Mobile 1 (480)416-9775 NEW MOBILE NUMBER OffirP Hrnim I Mnnrlav-Thnrcrlav from lam-From Connect with us! 0© CT-b-)CD Q Q From:Jillian Bright<jbright@AJ City.Net> Sent: Monday,July 27, 2020 11:28 AM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for A&D Shell Good Morning, The city clerk's office has received the attached application for a type 010 beer and wine store liquor license for A&D Shell. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 18t" in order for this item to be on the September 1 It council meeting. Thank You, r"I'/ � _ -'/_.c Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: 61 " ok City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 PpPXHF�G2 POLICE Apache Junction Police Department U Z f Interdepartmental Memo gRIZONP DATE: 8/5/2020 TO: Ms. Jillian Bright, Deputy City Clerk City Clerk's Office FROM: Lieutenant T. Parker SUBJECT: A&D Shell 420 N. Apache Trail, Premise Liquor Inspection Ms. Bright, At your direction I conducted a liquor and business inspection and review of the Arizona Department of Liquor Licenses and Control application dated 7/23/2020 for alcoholic beverage sales for A&D Shell Gas Station(AKA"76") located at 420 N.Apache Trail,within the City of Apache Junction. The inspection/review occurred on 8/5/2020. At the time of my inspection the business was open. I conducted the inspection and noticed the floor layout has remained the same with no significant changes from previous years and consistent with the diagram provided within the application. The main entrance will remain the southeast doors that face the parking lot/fueling area. There is no bar area located within the establishment. However,they do have some tables for those to eat within the establishment along the east wall. The inspection included locating the nearest schools,daycare and religious facilities. They are as follows: • There are no designated religious worship facilities or schools within immediate area as defined by liquor enforcement. The two nearest churches are: Life Gate Church at 555 West Apache Trail and Jehovah's Witness at 255 S. Winchester Road. • The nearest schools are: • To the southwest: Apache Trail High School at 945 West Apache Trail and, • To the North: Four Peaks Elementary School at 1785 N. Idaho Road. • The nearest daycare is to the south at 185 W Apache Trail located in the retail shopping facility at this address. These establishments fall outside the 300 foot restriction of ARS 4-207. • Mr.Andrea Lewkowitz(the applicant) and Junaib Ahmed Rizvi (the controlling person)has had no significant contact with the Apache Junction Police Department. Therefore,with our findings and observations this police department does not object in approving a liquor license for this establishment providing all other statutory requirements per the City of Apache Junction, County of Pinal,and State of Arizona are met. Jillian Bright From: Rudy Esquivias Sent: Monday, August 3, 2020 1:13 PM To: Jillian Bright; Dave Zellner; 'Tina Gerola'; Rick Ochs Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: Liquor License App for A&D Shell -420 N Apache Trail Hi Jill: The Planning Division has no objections to this proposed liquor license transaction. The property is appropriately zoned B-3 City Center District and the convenience mart/gas station use has been in existence since around 1988, according to assessor's information. C&ua jEquivica Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Jillian Bright Sent: Monday, July 27, 2020 11:28 AM To: Rudy Esquivias; Dave Zellner; 'Tina Gerola'; Rick Ochs Cc: Jennifer Pena; Maureen Fredrickson Subject: Liquor License App for A&D Shell Good Morning, The city clerk's office has received the attached application for a type 010 beer and wine store liquor license for A&D Shell. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 181" in order for this item to be on the September 1 st council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 n City of Apache Junction i 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: TrM City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Dave Zellner Sent: Tuesday,August 18, 2020 9:34 AM To: Jillian Bright Subject: RE: Liquor License App for Apache Marketplace Hi Jillian,the Building Division has no objections to this request. Dave Z From: Jillian Bright Sent: Monday, August 17, 2020 11:49 AM To: Dave Zellner Subject: FW: Liquor License App for Apache Marketplace Just a reminder that I need your recommendation for Apache Marketplace (formerly A&D Shell) by tomorrow afternoon! Thank You, Jill Bright From:Jillian Bright Sent: Monday,July 27, 2020 11:28 AM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for A&D Shell Good Morning, The city clerk's office has received the attached application for a type 010 beer and wine store liquor license for A&D Shell. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 181" in order for this item to be on the September 1 st council meeting. Thank You, 7� _'1_- J Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: tool " it City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. Piz File ID: 20-401 Sponsor: Heather Hodgman Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc. for the November 2020 and March 2021 household hazardous waste events in the amount of$80,000. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department J�G�U Z Home of the Superstition Mountains gH1ZON Date: August 24, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Public Works Management Analyst Subject: Household Hazardous Waste Events Starting in November of 2018, the city has held two household hazardous waste events (HHW). The events are open for city and Pinal County residents just east of our city boundaries, including Gold Canyon. On October 15, 2019, the city entered into an Intergovernmental Agreement with Pinal County to reimburse the city for costs attributable to county resident participation in a maximum amount of$20,000 ($10,000 per event). Residents can drop off white goods, document shredding, tires, electronic recycling and hazardous material during the HHW events. Our last two events that we hosted averaged 286 city and county residents. Our next events are set for Saturday, November 21, 2020 and Saturday, March 6, 2021 from 8 am to 12pm. Staff recommends entering into an agreement with Advanced Chemical Transport Inc, in the amount not to exceed $80,000 for two HHW events. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED CHEMICAL TRANSPORT, INC FOR 2020 AND 2021 HOUSEHOLD HAZARDOUS WASTE EVENTS THIS AGREEMENT is made as of the day of 20 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and ADVANCED CHEMICAL TRANSPORT, INC a California corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties", for the project entitled "2020 and 2021 Household Hazardous Waste Events." RECITALS A. City desires to retain a consultant to assist in two annual collection events for household hazardous waste and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to hold two (2) one day household hazardous waste events on Saturday, November 21, 2020 and Saturday, March 6, 2021, from 8:00 A.M. to 12:00 P.M., Arizona time, at City's Public Works Yard located at 575 E. Baseline Avenue, Apache Junction, AZ, which will also include associated services, such as, but not limited to: event personnel, containers, equipment, disposal, setup, packaging, transportation and breakdown of event site. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $80,000, in accordance with the price sheets set forth in Exhibit A and Exhibit B. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on August 18, 2020 and shall remain in full force and effect until June 30, 2021, unless otherwise terminated as set forth herein. Following the initial term, the Parties may not renew or extend this Agreement. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: Heather Hodgman Project Manager 575 E Baseline Avenue Apache Junction, AZ 85119 And to: City Attorney 300 E Superstition Blvd Apache Junction, AZ 85119 If to Consultant: Frank Sanchez Account Manager Advanced Chemical Transport, Inc 6212 S 75th Avenue, Ste 4 Laveen, AZ 85339 8. INSURANCE: Consultant, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is 2 satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be 3 at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. Automobile Liability Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: 4 "I am aware and understand the provisions of A.R.S. § 23-900 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured 5 Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such 6 Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) days written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. TAXES: Consultant shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 14. PERMITS & FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant 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 obligations. Consultant represents and warrants that any license 7 necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business 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. Consultant also acknowledges that the 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 all applicable laws. If there are taxable activities, a business license shall be converted to a transaction privilege tax license by the Consultant through the City of Apache Junction City Clerk's Office. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Consultant. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 8 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, 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. 9 22. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Consultant 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 this Agreement. Neither Party to the Agreement shall assign the Agreement or sublet it as a whole without the written consent of the other, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. 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. 25. PROHIBITION TO CONTRACT WITH CONSULTANTS 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 Consultants who engage in boycotts of the State of Israel. Should Consultant 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 Consultant to monetary damages, including but not limited to, consequential and liquidated damages. 26. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: Advanced Chemical Transport, Inc, a California Corporation By: Cr f Its: -F.111"11.jf 10 CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pena, City Clerk APPROVED AS TO FORM: R. Joel Stern, City Attorney 11 STATE OF C-Z J ?`�A ) ss. COUNTY OF fv{v « L� ) The foregoing was subscribed and sworn to before me this day of 20r( , by �c���,,1_ rv\(, S � of Advanced Chemical Transport, Inc., a California corporation. •• Carlos Romero Ota♦' u b I i c My Commission Expire Notary Public Maricopa county,Arizona ! ,-� °• My Comm.Expires 01-10-2022 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20_ , by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: ----------------------------- Page Break Between Exhibits--------------------------- Exhibit A PAGE: 1 of 3 E'#virr) One Day HHW Collection Budget-Estimate' CUSTOMER. City of Apache Junction 575 E.Baseline Ave Date. 11/21/2020 Apache Junction,AZ 85219 Participants: 309 Deliver to:Heather Hodgeman Disposal at: ACT-Albuquerque,ACT-Merced, Mesa Gil, Amazon Enviro,Lighting Resources,Amerigas,Terrell Battery QUANTITY DESCRIPTION UNIT RATE AMOUNT I Mobilization/Demobilization ea $2,400.00 $, 2,400.00 COLLECTION DAY 10 Project Manager hr $ 60.00 $ 600.00' 9 Chemist hr $ 60.00 540,00 10' Technician-Segregation/Driver hr $` 54.70 $ 547.00 9' Technician-Segregation hr' $ 54.70 $ 492.30 8 Technician Universal Waste hr $- 54.70 $' 437,60 8 Technician-Oil and Antifreeze hr $ 49,60 $ 396.80 10 Technician-Oil and Antifreeze/Driver hr $ 49.60 $ 496,00 8 Technician Fuels hr $ 54,70 $ 437.60 3 Technician-Unloading Vehicles hr $ 54.70 $ 437.60 8 Technician-Unloading Vehicles hr $ 49.60 $ 396.80 8 Technician-Unloading Vehicles hr $ 54.70 $ 437,60 7 Tech/Driver-CRT Unloader/Driver hr $ 54.70' $ 382.90 6 Technician-Unloader-CRT's hr $ 49.60 $ 297.60 6 Technician-Unloader-CRT's hr $ 49.60 $ 297,60 Drums' 3 Triwall Boxes ea- $- 90.00 $ 270.00 1 275 gal tote ea $ 215.00 $ 215.00 85 gallon steel salvage drum.-(new) ea $ 184.00 $ - 14 55 gallon drums o/t(reconditioned) ea $ 63.00 $ 882.00 4 55 gallon steel drum Or(reconditioned) ea $ 63.00 $ 252.00 9 30 gallon Poly drum(new) ea $ 58.00 $ 522.00 17 5 gallon pail ea $ 16.00 $ 272.00 1 4 ftLamp Drum ea $ 80.85 $ 80.85 0 8 ft Lamp Drum ea $ 53.00 $ Materials I See Attached Sheet ea< $824,40 $ 824.40 DISPOSAL l See Attached Breakdown is $16853.90 TOTAL INVOICE $ 28,769.55 City of AJ HHW-Budget-Estimate 11-2020 U")U')C) a 0 0 C) 0 0 co Ul) 9 040 m 0 C) (o 0 60 fc)64 m 619, LO to 69,r� 40 09,U).63 C) 0) ";r 0 140 6i�oa�09�09�m 64 co V, < 0 Lo "t fl- C14 ;;Z;N V�l (N IT Ce) ca V9�1: 66, Q9,Wr 0 Efk GF). EFT F- C) Cl ,1-- 888 C) 88888888888 8 8 8 0 a 00.00 CD 0 0 0<D cd 6 C65 6 6 16 66666 C) C3 0 0 0 0 0 C> 1--0 to 64 6f1 ta QlT 6�QDP 0%0%64 V l 64 613 V3.6.990 w V> t1%lbllR *0 va VT 1.9 W.64*0 fa 6%Q).01 #f# fa X co ujOOO 0 O 'D c) c 0 " 'j'O"00.0 " -) 0 n cnl 0 OIC> 0 4') 0%f7o'..6%vq�tl 60169,64 0'*61ka U3, V}l C. C� 's's q 4W8 .U, 0 C, m Ul) to U�l 0) 0) U) Cl) a) 0) 0) 0) C) L6 ci 0 c)V-�U*) r- 00 00 cli ul� Ul) co ) co Ul)64 LO fir) "� U) LO 00 f, N " m 'r T to " " It C14 �r N N C4 C14 C4 " I�r to 64 609F 69 w 60 6F>W,ei�60�1 �q 6.. 66p 40%61�'Al 69 (a 6 m vi U-i U-i Ul) LO V) Lo C� m co COo m CO 04 C', " cli cli 64 So 8 1� c-; to 0) a O. co'a m Ci? ivl�fi4 to%vir W, 64 04 M M M kO to U') — m 6s Vl�Q�6s 64 w 6-�,60,691 64 U'l 10 10 Lo 11 < LO UT(D (o 0 LO LO 0 oi 6 (6 U') co m a) 0 TO 2 9 2 8 2 212 T 9 03 —603, C) 0 C) 0 0 CD C, C, 0 0 0 0 0 0 0 0 0 C> CIA CD x '0 N C> 0 0 C. 00 0 0 0 0 m 0 >- Cf p .20 2 ca 15 — z E C) C� v 0 C� 0 C� C) CD 0 C� ooC) OOIO (DC>O - - O (D 0 Cc, C14iv -1 CL— co Lo a) Co O. < uf 61..0 a 0 Zv >N > ztl_ ca Ln 0 C) Q 0 O C) 0 C) 0000 0 w in co 00 (D a) W 0) Im 0 . L. IW4 ND N N N N N 0 ca E .2.2 .2 LD .9 D c 0 2085551W 0 = w w z z z z 0 tE U- LL U- z z z 10 0 :3 CL X.X�l Z:, ZZ zz� ;.z Z--� U- :, r m -: Cc - CCCC (D w 0) w C� m < E c c c c a r= E E s E gg Ej E .0 E E E .2 (D (� ;� -t� m m m m :r m F-- F-- .2 > F- F- 01 0 0 0 0- w LL o E 'c E 0 - > 2-2 co R CL < I U. W o- 20 5, E W :2 (D ca'o DL = > CC X X X CD:2 U- cli m 500000 -,4-1 w N 4) m E X x cL E co 000 0< E 0 u- z) w -3 to U) W E E 2. . . 2 0 ,-- �a.9 � -�-� �� -� -� , 1= :2:2iW 00 N N cu 0 0 0 0 m GILL w m m 2 U-0) U) U)U)0 (2 W M co -H T T: 2 CO CO 4)wu N E J N I N E A z E w z � �2 ow W, L4 L mo LL t 'z5 E.2 e E M :2 2 :2 :2 2 :2 m . § .f U �L E z 02M -m- cm, a c I Mx z x x x x x E in :2 2 cO >*0 000.!� F- —00000 0 I.L < < :E > z 12 z U- w w < x 0< < V; o N m co co 0 '..C. cn CO c r. 6 C3 C5 U-) 6 L6 1.6 66 0 0 0 co 0 C> to CNI(A.P- 0 rl- 8 8 to C14 8 8 CN LL C14 9�� m cq 64 ifl "Ir69 taEH to ppp 0 C) E4 Q%6% Nr 04 UD C, to LO Ln LO C� 1:1 6 C�Cq Im C'V>09, 01>41:� V> C4 co tIq 64 Y4 tla 60 EH;.7> C, IN 04 60 ko oil to 6% ft3 V) 09 (A.+ U�l lus el3 c; 0* C5 LO 0 a CD 0 ka to W� f4 cq 14 e;- Q�� to V�l 6% 6-a w fA 69 > C: 6 6 C5 to a C C: 9 .= �z 69 00 *& — S fo j� fia fAl 64 49 1.4 03, 60 V> C) 0 0 0 CD a CD C) 0 CD Cr <D C> O C) C) 0 CI C) Q) • C) O Cr C4 C:> w M C3 0 0 0 0 0 0- C) Nr C) C) C) C> CD C:) C', o o o G 0 LY gn IT (D tit 000 000 m o CD C) 0 co CD It m m co C3 U') 0 In co LO 0 0 C) CD CD 4) co uj $D gn — — — ou -20 0 T w Q 0) 4) 0 0 (1) 0 Of 0 W w &Acl: ff Of ul CO C> N m 0 (D 4m ct: C4 C; cm V) 04 co co co Go ut CO cli U- (14 N L) L: is is i s 9 Us v u) L: CD 4) 0 0) co E E z co E -q E E Z5 — E m a) �e (D z z :3 < m ca - Z m Co M m m m z z Z'a ; z M Z Z z CL rL CL 0 z (D 0 cn - -j x x x M, E -j - a CL E E = -j w d'- p cL E -4 -4 tn Cc) Q 2 0 0 Cd o D 0 Cd 0- m— od lz aav ILLI -ij 0 z 6 2i w z < 0 o S o � s c O {fi tt� O O ch EH r 60 co 69 O tn N O CA tom-. 69. p�pR O o b O O dt 64 N f.G. yT Q cd t 6 6FJP Os 64 So L U) ta cli rn 0 o c o 0 o o � m LO Lo U Q m CN 014 .N CD 0 oCD cxa w as o � ace M 0 O t1' � i[k U V U U +fir�C cCyJ tt�J m tll 'O � dt N Q ! C2>C2 Ir tY >LO G to N CL Cp.— 4 M Ur t p N,C. Z co m m E m z A m 3 _i � j. C � co d o 6 E ooCL aavv City Of Apache Junction, HHW 11/2112020 ITEM QTY JUNIT PRICEIITEM TOTAL PRICE Tyvek Coverall, size L 0 Case(25) $134,00 $0.00 Tyvek Coverall, size XL I Case(25) $134.00 $134.00 Tyvek Coverall, size XXL I Case(25) $134.00 $134.00 Tyvek Coverall, size XXXL 0 Case(25) $134.00 $0.00 Tyvek Coverall, size XXXXL 0 Case(25) $134.00 $0.00 Labpack Black nitrile gloves-M I Box $19.00 $19,00 Labpack Black nitrite gloves-XL 1 Box $19m $19M Leather Gloves 0 Dozen $11.55 $0.00 Safety glasses 12 Pair $3.95 $47.40 Visqueen 1,5 Roll $116-00 $174.00 Duct Tape 4 Roll $6.50 $26,00 Shrink wrap 0 Roll $32.50 $0.00 Absorbent-dry sorb 1 Bag $12,00 $12.00 Vermicillite 2 Bag $3100 $66.00 Absorbent- Universal Pads 1 Bail (100 bag) $68.00 $68.00 Absorbent- Oil pads 1 Bail (100 bag) $55.00 $55.00 Drum liners 0.5 Roll $140.00 $70.00 Pallets(for CRT's) 0 Each $12.00 $0.00 Shade Tarps 5 Each N/C Material Handling Carts 6 Each NIC A- I TOTAL $8 440 Exhibit B PAGE: 1 of en wire, One Day HHW Collection Budget-Estimate CUSTOMER; City of Apache Junction 575 E.Baseline Ave Date: 3/6/2021 Apache Junction,AZ 85219 Participants 309 Deliver to: Heather Hodgeman Disposal at: ACT-Albuquerque,ACT-Merced, Mesa Oil, Amazon Enviro,Lighting Resources,Amerigas,Terrell_Battery QUANTITY DESCRIPTION UNIT RATE AMOUNT 1 Mobilization/Demobilization ea $2,400.00 $ 2,400.00 COLLECTION DAB' 9 Project Manager hr $ 60.00 $ 540.00 Chemist hr $ 60.00 $ 540.00 10 Technician-Segregation/Driver hr $ 54.70 $ 547.00 9 Technician-Segregation hr $ 54.70 S 492.30 8 Technician-Universal Waste lzr $ 54,70 S 437.60 8 Technician Universal Waste hr $ 54.70 $ 437.60 8 Traffic Control/Unloading Vehicles hr $ 49.60 $ 396,80 8 Technician Oil and Antifreeze hr $ 49.60 $ 396.80' 10 Technician Oil and Antifreeze/Driver hr $ 49.60 $ 496.00 8 Technician-Fuels hr $ 54.70 S 437.60 8 Technician-Unloading Vehicles hr $ 54.70 S 437.60 7 Tech/Driver-CRT Unloader/Driver hr $ 54.70 $ 382.90 6 Technician-Unloader-CRT's hr $ 49.60 S 297.60 6 Technician-Unloader-CRT's hr $ 49.60 S 297.60 Drums 4 Triwall Boxes ea S 90.00 $ 360.00 1 275 gal tote ea $ 215.00 S 215.00 85 gallon steel salvage drum-(new) ea S 184.00 S - 16 55 gallon drums oft(reconditioned) ea $ 63.00 S 1.008.00 4 55 gallon steel drum c/t(reconditioned) ea $ 63.00 S 252.00 5 30 gallon Poly drum(new) ea S 58.00 $ 290.00 13 5 gallon pail ea $ 16.00 $ 208.00 1 4 ft Lamp Drum ea $ 80.85 $ 80,85 1 8 ft Lamp Drum ea $ 53.00 S 53.00 Materials I See Attached Sheet ea S824.40 S 824.40 DISPOSAL 1 See Attached Breakdown is $18,58585 TOTAL MOICE S 30,414.50 City of AJ HHW-Budget-Estimate 3.2021 Co6 L6 6 6 6 C6 6 c, to 6-�f.9.tr)w 60 r-- 0 v 0)tF� @e t'a 8Y 8a 620��M(0 W 0 169 1 0 64 co et CL r- C14 — — — M " to — 1 0 CD 0 0 (D 0 0 C� � d 0 c) 6 0 0 6%03,V�w V>fAl 64 69�69� 60 6%613116� to Oq Q)�1 1 13 '0 x In Clio -q 0 000 0 N tLS 619�61 60 V3R 611,6%613�60 to).N6%Q)?to('R(Al NEhT vy 0%f#F 613 693 e%e% U.)64 69 61�Ln r- 61). < 'M''R US 't- 9 c 0 'L�141 10 0 10B 1013)1'111) 00 V U.) C.)C4 " Nplv-p 0, V) 60 tam 6�1 f.0 V�l 61�1 f.11).6F> ce Cl CS C7 G?000, Ul) U�l to ul) ul5 U*) U'� U'� m Ul) {}CO 64 ID �� N N CIA 6%(0 m (0 m 0 co 69. N co m M M—to ;0 LO Ln M — n nil ') m 04 to(4 609�to Q:�E&6%fo V>U9, 64 ),Q)�169 fl; 6",0 0 0 C� co CD C� 8 8 C! C) LOW OLD uiui ntn w Co m to co m m V) 0 0 609,m C") --T m m C> m m 011 co 00 m m m m m m Imn s 12:11 'CIO, 172, cv CN fie�6p,— 60'60.,"0 V�, N cli�6% C-,� — ——60 M Fa oil to(19. 65 01. 0% 69.-W.:�6% V�� FO 001 C� 00000 C> 00000000 CD <D 0 000C.1 C> 0 d C> 00 0 0 0 -1 CD C> 0 0 c 0 (0 E z cl lw (n 0 clory m C) C:) M C, C. 0 CD 0 C, 0 a 0 0 0 0 0 C� C, C) CD 0 co LO 0 LO 0- (71 0 (0 t5 i5 0 < Q C,CD C> 0 C) Cl0 010 0 0 0 ca w 0 CD 0 n 0 0 0 CD Cl C) 0 a a 0 0 0 Z 0 < *6 CD C) 9 LU O �- C) C) CD CD 0 C) 0 0 0 0 C) 0 — — — — — CDC 0 C> C) 0 0 C% L to < cd 40 ul CDb CV al ¢> > at 0) z N N No ON No N N N N cacca c !2 E2 2 2 9 9 9 2= era C o .2 .0.0 .0 -2 0 15 15 OD ;a,> OD=0 8, :01 0 - eu zzz On L� L� U� f.- zzzzz zzzz zzzzzz S! = U- = .0 �C .C: C .= C C a c c c c c c RE E E g m m m m m > cm 0 > 0 LU a. .2 U- E Ll F- x CL 2 2.6 0 Cf-,LL 0 > 4) L" Ul -j (D z J.- rp 0 a. m > ft c 0) a- w 1 6 h b 6 b Eb- .8xxxxxx :5i �D CD N 0 6 --j E 0 .6 .61 m 0 -j t— , 000000 < m . E U- w > E w D E w (n E 72 :2 00 co CV N E E 0 .5 Z 0 0 Z=Og �B- 0 -6 0 U) C3 N N U- ca m 02� LL (n 0 co u M (n V) (n U)U)U) m m 'CT< 0 0 tN5 ZD 4 %4 �l 'J N N E -N -L ,L �L .0 U- j5 E T ;a 5; 5: E :2 :2 :2 :2 :2,- E cr, z m ca t:� M 0) c c m a) 'R 0 4 M < U- < < < < d- a- *5 0 LL MiWLUU- < OOO— �!O 0000 z 40- C14 m rIO W:cr) (N 0 v ', �.$ `cS" ' $ c`�i, o we o>. ti g c 69, .- #F3 Eq S4t4� v te CnC� rn r-; 6H 64 6% 69 © iCi it O 000 O O O O O O O C CT O C7 f3 Ci C7 p. 0 0 O LO 0 0 Cl C> C? C3 C7 C7 C? C o O CD C7 Ca 63 Et} CJ. K3 N3 H3 6y w eo to 69 9 6 w 64 6 % 69 6Q, 64 69 ta 009 000 O O C0 l C> Ci OO ' c; ;A h-r-CD ? tO7 tO7 CO7 O 6a 49. 6a V) 6) 69 64 6f3 #fi fR te. pp pp pp p tE���yy pp qq pp p qq rr�� pp pp pp qq pp C'3 C1 O d O J C! O O 0. O C7 O O O O b O O pO O 0 0 o O O s.^ O O O U:S 0 CC> O C =.C}� C7 �'� C{3 C ss v sa cra v3 6a v6� �v � U,> � fR 6F} c€ 000 Fo oo 0 0 0 o O c7 C. C7 CDC� 0 0 CD 0 L o N CC O O N Q7 UI C C � <- N CV C7 0 U') 0 aW � C7 O � n: O >Q) M c'tt: 'tU S3 �' O c l rw O cliN S £-�.. i"3 tr} of 'C7 C7 O O O CV C7 O 0 O `p O. fV © C7 O O O O O O �t35 N� Q � X 0..C7 C7 O O 0 O O r O O toco OQ cf o O O t1 x O C7 O 'c?(Q:u) � O c O O C) C) 0 � C7 m W o ;r d 0 Vco OR to ep iQ Q ) 0 8) t+ N N ES r;, N t QI Q1 Q} a�i 8) Q). 4? 45 4) y Q) N 4! 43 a to t tv eS xs cz z z z uZ z z co ca u M u to t o vy u n u > n C in Q) N iU Q3 Q) (S Q) Q) rU N Cy ¢) 0Q} Q) 0 o CD (S Q) 4) N. N t4C2 a o to o G W to C C 4n N V N m t*N9.. to tlOD w in tt9 t�0 N co N N> J co N GS p Ct C1 0 u U (n In p a) i:` i.: ;� '. •. CD Z5 4 {7 L: Uf 43 m �17 Z 4 Q z 0ro z c z U c. z x z '� run L} z z ro o -� xxK J 3 .Ins J u _iW JL n p � c E OS iJs Jcn Jczf: Ct ' 13 == Ci Ct? 'Qt �o E E v <',C vs a o 0 C6 zo Q to L 2 C G7 0 Z A Y 2 m S g wo tQt rn 0- Cl) Clli N co 696 era Q Ln u3 o ry Q c r- r 6 61> 66 0+ O Q Q Q Q fly 44 N'ct'. C+3 EH Cts e3 6 r ci L6 00 CD to Z 63 w r CT O 0 Cr N SV 00 0 'D N CEO:Q . _ a N LU O C3 �>3 S Q C3, C) C) cl3 = q a 1 U Q C? Q Q r v M h 0) T3 U N N TS N (D Q) LY CL O t� LY CL' to Lo N N a' c U` Qj .e to Q �y Ct5 T L m 0 U CL E h —! MOL } ( Q O. .. D J �q. CGUU City Of Apache Junction, HH /6/2021 ITEM I QTY JUNIT PRICE(ITEM'TOTAL PRICE Tyvek Coverall,size L 0 Case(25) $134.00 $0.00 Tyvek Coverall, size XL 1 Case(25) $134.00 $134.00 Tyvek Coverall, size XXL 1 Case(25) $134.00 $134.00 Tyvek Coverall, size XXXL 0 Case(25) $134.00 $0.00 Tyvek Coverall, size XXXXL 0 Case(25) $134.00 $0.00 Labpack Black nitrite gloves-M 1 Box $19,00 $19.00 Labpack Black nitrite gloves-XL 1 Box $19.00 $19.00 Leather Gloves 0 [dozen $11.55 $0.00 Safety glasses 12 Pair $3.95 $47.40` Visqueen 1.5 Roll $116,00 $174.00 Duct Tape 4 Roll $6.50 $26.00 Shrink wrap 6 Roll $32.50 $0.00 Absorbent-dry sorb 1 Bag $12.00 $12.00 Vermicillite 2 Bag $33.00 $66.00 Absorbent- Universal Fads 1 Bail (100 bag) $68.00 $68.00 Absorbent- Oil pads 1 Bail (100 bag) $55.00 $55.00 Crum liners 0.5 Roll $140.00 $70.00 Pallets(for CRT's) 0 Each $12.00 $0.00 Shade Tarps 5 Each N/C Material Handling Carts 6 Each N/C TOTAL $824.40 ►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. 14. Piz File ID: 20-425 Sponsor: Jeff Serdy Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Discussion and possible direction to staff to conduct research and "full cost estimates"for a 50x80 flag along with the design, engineering, construction, lighting, and ongoing maintenance of the flag and pole. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 15. Piz File ID: 20-418 Sponsor: Bryant Powell Agenda Date: 9/1/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, September 14, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, September 15, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026