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Home My WebLink About2024 08.20 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,August 20,2024 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. 24-562 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 24-563 Consideration of approval of minutes of the regular meeting of August 6, 2024. Sponsors: Jennifer Pena Attachments: CCMIN 2024 06 06 MINUTES DRAFT 3. 24-566 Consideration of approval of contracts for towing service providers related to PD 2024-003. This item was presented and discussed at the August 5, 2024 work session. Sponsors: Michael Pooley Attachments: Memo City Council Towinea Towing Contract-Executive Towing Towing Contract-Apache Sands Towin Contract-ilalle �� rasa Towin Contract-Phx Metro City of Apache Junction,Arizona Page 1 Printed on 811512024 City Council Meeting Agenda August 2O.2O24 4^ 24-602 Consideration of approval cf Resolution No. 24-28 approving the submittal of application from City of Apache Junction to the Gila River Indian Community State Shared revenue Program for Proposition 202 Funds for Fiscal Year 2024-2025in the amount of$3O.0O0 for senior transportation. This item was presented at the August 5. 2024. City Council Work Session. Sponsors. Ange|imHavv|oy Attachments: Staff Report for GRIC Grant 5' Consideration of award of contract to Dig Studio for Prospector Park PioNeba|| Court Expansion inan amount not to exceed $138,024.15 which includes 5% contingency. Sponsors: Dave Butler Attachments: Staff Memo-Architect PB Courts 6' 24-614 Consideration of approval of procurement of city fleet vehicles and equipment for FY25 making the purchase through Arizona State Cooperative Contract#CTR06S472 with Freightliner, Arizona State Cooperative Contract#CTR050323 with San Tan Ford, and City of Phoenix Cooperative Contract CON 15Q257-O for lighting and equipment for a total not to exceed $2.228.502. Sponsors: Ted Wolff Attachments: Proposed Purchase of General Funds,pdf 7. 24-628 Consideration of approval, vytnoaotive|y, of an agreement for bulk fuel between the City of Apache Junction and Senargy Petroleum, LILC. for the term uf August 2. 2024, through June 30. 2025. inan amount not to exceed $84O.0O0. utilizing the State Cooperative Contract No. CTR0G3147. Sponsors: Ted Wolff Attachments: Staff Memo Bulk Fuel Bulk Fu 8. 24-4678 Consideration of approval ofaFlap|ntof Blossom Rock Phase 1to adjust the shared boundary between Parcels 8 and 8 zoned Master Planned Community(K4PC). Sponsors. Ko|noySohottnik Attachments: City vr Apache Junction,Arizona Page nmmd onuv512024 City Council Meeting Agenda August 20,2024 9. 24-679 Consideration of approval of a Replat of Blossom Rock Phase 2 to divide Tract G into two parcels zoned Master Planned Community (MPC). Sponsors. Kelsey Schattnik Attachments: SV-22-25-blossom rock phase 2 1st sub_rep lat. df SV-22-25 Staff Re�®rt Blossom Rock-P�h� 2 . dff 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. F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 10. 24-564 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson 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. 11. 24-565 City Manager's Report. Sponsors: Bryant Powell 12. 24-566 Announcement of Current Events. Sponsors: Eli Richardson 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 3 Printed on 811512024 City Council Meeting Agenda August 2O.2O24 13. 24-623 Consideration of application for a new Series 8 Bar Liquor License for Captain's located at30UVV Apache Trail Suite 118. Apache Junction, AZ. The next step in the process io for the council to hold apublic hearing on the application and make a recommendation of approval or denial tu the Arizona Department uf Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo to Council 08.20.2024 Public Safetv inspection A pproval U- 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 /nquoot-/o-opook 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 nmqumat-/o-upaak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff onspecifically listed matters. 14. 24-6808 Presentation and council direction to staff un amending the Apache Junction City Code (^AJCC''). Volume 1, Chapter 9 Health and Sanitation, Article O-1 Property Maintenance Standards, Section 9-1-4 Enforcement and/\batementandth�AJCC. Vo|ume2. Land . Development Code, Chapter 1 Zoning Ordinance, Article 1-16 AdministraUon, Section 1-18-16Vio|ationn. Penalties and Enforcement; pertaining io fees charged for violations. Sm,vmzns. Rudy Eoquivian 15. Presentation and council direction to staff on amending the Apache Junction City Code' Volume 1. Chopter2' Mayor, Council and Appointed Boards and Commissions, Article 2-21: Board of Adjustment and Appeals/Municipal Property Corponation/Pub|io8ofnty Personnel Retirement Board, by Repealing and Replacing in its entirety Section 2-21-3. Public Safety Personnel Retirement Board. Sponsors: Jennifer Pena L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City vr Apache Junction,Arizona Page Printed onuv512024 City Council Meeting Agenda August 20,2024 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 811512024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-562 Sponsor:Jennifer Pena Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-563 Sponsor:Jennifer Pena Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of August 6, 2024. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,August 6,2024 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Nesser gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Johnny John, Public Safety Assistant Rudy Esquivias, Development Services Director Sidney Urias, Planning Manager Evie McKinney, Deputy City Clerk D. CONSENT AGENDA Councilmember Johnson moved,seconded by Councilmember Heck to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes August 8.2V24 1' Consideration of acceptance ofagenda. 2. 24-535 Consideration 0f approval 0f minutes 0f the regular meeting Of July 1M, 2024. 3. 24-61U9 Consideration Of approval Of Map nf Dedication for Warner Avenue (GV-23-13). E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 4' 24-536 Brief summary of intergovernmental updates from mayor and C0UnCi|mHmberS. Vice Mayor Schroeder congratulated Mayor Wilson and Councilmembers Johnson, Heck and Neuaer for their successful re-election ho the City Council. Mayor Wilson attended an Apache Junction High School civics class, and had the opportunity to share with the students what the Mayor and City Council do, and how the City government differs from the federal. He recognized one of the high school students in attendance at tonight's meeting. Ho emphasized the interest and desire he has in getting the young adults in our community involved with our local government, and this was a great opportunity to bring awareness ho the students. Counoi|memberSo||ershared that he attended u conference and met with US Senator for Arizona KynetenSinema. He had an opportunity tn thank her, on behalf of the City ofApache Junction, for the$45 million funding she was instrumental in obtaining for the Weekes Wash Project. Senator 8inema expressed this was one of the highlights of her career. G. CITY MANAGER'S REPORT 5' City yW8OGge['S Report. City Manager Bryant Powell reported the City in currently recruiting for applicants for the various Boards and Commissions. He encouraged this iso great way tn participate in the local government, and applications are due by September 15. 2U24. City Clerk Jennifer Pena recognized Deputy City Clerk Evie McKinney for recently achieving the Certified Election Official status through the state of Arizona, as well as the Certified Municipal Election Official status through the Arizona Municipal Clerks Association. Evia has attended various Clerks and extensive elections training over the past 3 years to accomplish both of these certifications. Ms. Pena explained the testing process, and shared some nf the in-depth questions the Election Officials must know to pass the test of 100 questions, with a score of 00Y6 or higher. yWo. McKinney was congratulated by the K1aynr. Council and other staff. 6' Announcement OfCurrent Events. Director of Marketing & Communications Kayla Fulmer shared details of the Free Dump Week from August 5-1O. 2O24. 6:00o.m. -4:O0p.m. at the Apache Junction Landfill, located ot405O8. Tomahawk Road, Apache Junction,AZ. The city partners with Republic Services and offers this City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes August 6,2024 FREE service 4 times per year. Participants are allowed to bring one (1)500 pound load of trash to the Apache Junction Landfill for free. Ms. Fulmer informed there are size limitiations and proof of residency is required, such as a utility bill. Safety is a priority and hard hats and safety vests are required. These items can be purchased while at the sight, or you can bring your own H. PUBLIC HEARINGS 7. 24-570 Presentation, discussion, public hearing and consideration of Ordinance No. 1550 amending the Apache Junction City Code; Volume 1, Chapter 4: Fees, Article 4-3, Animal Control Fee Schedule. Mayor Wilson combined Agenda Items 7 and 8 for the Public Hearing purpose,and explained each item will require a seperate motion. Vice Mayor Schroeder moved,seconded by Councilmember Nesser that Ordinance No. 1550 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. City Clerk Pena read Ordinance No 1550 by title only,repealing any conflicting provisions:and providing for severability. Councilmember Cross moved,seconded by Councilmember Soller that Ordinance No. 1550,as read by the City Clerk,be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Commander Joe Penze presented verbiage changes and the new fee structure, which will amend the City Code regarding Animal Control and Public Safety fees.This adjustment is necessary due to rising expenses in time, supplies, and operational processes. The current fees for customer services at Animal Control Division have not been updated since 2018, and during this time, there has been a significant rise in expenses related to medical care,food, and personnel. As a result, the budget allocated to the Animal Control Division within the police department does not sufficiently cover the daily operational expenses of running an animal shelter. The adjustment to the Public Safety Fee Schedule is essential due to escalating costs associated with time, supplies, and operational processes. The current fees for customer services in the Records Division have not been revised since 2017 and during this time, there has been a significant rise in expenses related to the time and resources required for data retrieval. Additionally, the state law now allows the city to charge individuals for body worn camera footage and this ordinance includes those new fees ($46/hour of review). A comparative analysis conducted with 25 other agencies across the valley indicates that AJPD's fees are notably lower in most areas. In accordance with council guidance and A.R.S. § 9-499.15, staff issued a 60-day notice of intent to adjust the fee schedule and posted the proposed increases on the city's website. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes August 8.2V24 Council concerns included what the animal surrender fees cover, the drop off of animals found bya non resident, surrender of pets from non-nwners. volume of current surrenders ona waiting list, proof of residency and type of surrendered pets that are accepted. Commander Ponzo addressed all Council concerns. Mayor Wilson opened the Public Hearing for both Agenda Item#'s 7 and 8: Ordinance No.'s 155U and 1551. Andre M*ek, 1327S. Be|air Road,Apache Junction, commented on feral cats not being accepting , the waiting list for surrendering animals, and his desire to see an improved process overall. Donna Carr, Apache Junction resident, expressed her concerns regarding feral cats, and deeiging a larger animal control hsoi|ih/. Lori Erlandson, Animal Services Supervisor clarified Apache Junction Animal Control is a city only service, meaning only Apache Junction residents are offered services, and surrendered animals are not accepted from anyone outside of this juriodiotionThio"outside ofjurisdiction" includes Pina| County island residents. She explained the intake process ofsurrendered animals and the fees associated. She also expressed there is no animal control agency that accepts feral cats, aa the are considered "free noam^ Rather than take in these cats and euthanize them, the current process is the feral cats are caught, spayed or neutered and returned to their normal environment to live out their lives. Thera is a link on the oityvveboite that residents can contact for this service, as it is not currently offered at the Apache Junction Animal Control due to space, staffing and the timing involved to complete the process. Receiving no further comments, Mayor Wilson closed the Public Hearing and requested a motion nnAgenda Item#7. Ordinance No. 1550. 8. 24-571 Presentation, dioouoaion, public hearing and consideration of Ordinance No. 1551 amending the Apache Junction City Code; Volume 1' Chapter 4: Feao, Article 4-7. Public Safety Fee Schedule. Mayor Wilson requested o motion for Agenda Item#8. Ordinance No. 1551. Councilmember Heck moved,seconded by Councilmember Soller that Ordinance No. 1551 be read hy title only and the reading of the entire ordinance bowaived. Motion passed unanimously. City Clerk Pena read Ordinance No. 1551 by title only,repealing any conflicting provisions;and providing for oeverobi|ity. Councilmember Johnson moved,seconded by Councilmember Soller that Ordinance No.1551,as read hy the City Clerk,he approved and adopted. Yes: 7' Mayor Wilson, Vice Mayor Schroeder, Counoi|momborNouoor. Counoi|membor Hook, Counoi|momberJohnoon. Counoiimembor Cross and Counoi|m*mbor SoUor No: 0 City Council Meeting Meeting Minutes August 6,2024 I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 9. 24-616 Presentation, discussion, and possible direction to staff regarding updates to the Apache Junction City Code, Volume 2, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-6 Supplemental Regulations, Section 1-6-5 Accessory Structures, to allow for accessory building bathrooms to have showers. Councilmember Soller moved,seconded by Councilmember Johnson that direction to staff be given to review and consider updates to the Apache Junction City Code,Volume 2, Land Development Code,Chapter 1 Zoning Ordinance,Article 1-6 Supplemental Regulations,Section 1-6-5 Accessory Structures,to allow for accessory building bathrooms to have showers. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Development Services Director Rudy Esquivias explained a request has been received to change current city code to allow restrooms with showers in detached accessory buildings in residential zones. City Code, prior to 2014, did allow for such amenities, but it was discovered these structures were often becoming small apartments. The new Zoning Ordinance approved in 2014 changed to disallow restrooms with showers in detached accessory buildings. Council recently shared interest in a possible change to our City Code to once again allow restrooms with showers in detached buildings, and asked that this come back to them as a direction to staff item. Mr. Esquivias explained this will be a code amendment that does take several weeks to process. Council concerns included accessory units allowed in current code, potential for additional code enforcement processes, and clarification of adding a shower to existing structures. Mr. Esquivias addressed all Council concerns. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, Apache Junction resident, voiced her concerns regarding the professionalism of Councilmembers, foreign corporations purchasing land in the Apache Junction area, and the use of water being used for large corporations. Andre Meek, 1327 S. Belair Road, Apache Junction, congratulated the re-elected Mayor and Councilmembers, and expressed his concerns regarding the FREE dump week. Council requested staff research the concerns expressed regarding Free Dump Week. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes August 6,2024 N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:45 p.m. ACCEPTED THIS DAY OF 2024, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2024. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 24-568 Sponsor: Michael Pooley Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of contracts for towing service providers related to PD 2024-003. This item was presented and discussed at the August 5, 2024 work session. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction Home of the Superstition Mountains DATE: August 5, 2024 TO: Mayor and City Council THROUGH: Bryant Powell, City Manager Matt Busby, Assistant City Manager FROM: Michael Beaton, Police Commander Kimberly Heldt, Purchasing Administrator SUBJECT: Towing and Vehicle Storage Services RFP #PD2024-003 The current contracts for Towing and Vehicle Services expires on August 31, 2024. The City issued a Request for Proposals on May 1, 2024, and received seven total proposals, one was nonresponsive. Responsive proposals were received from: 1 . Apache Sands 2. CL King 3. Executive Towing 4. Phoenix Metro 5. Professional Towing and Recovery 6. Valley Express Staff reviewed the proposals for proven technical ability, qualifications and experience. The following four proposals were deemed the most responsive and responsible: 1 . Executive Towing 2. Apache Sands 3. Valley Express 4. Phoenix Metro Staff request council award the contracts to those four companies. CITY OF APACHE JUNCTION TOWINGAGREEMENT FOR _ I LSERVICES THIS ° is made andentered into by and between the CITY APACHE JUNCTION ("City"), an Arizona municipal r oration, and EXECUTIVE TOWING, an Arizona r r ti n ("Contractor"), who shall be collectively referred to the "Parties", r individually as a "Party". RECITALS A. Contractor has responded to City'srequest for proposal (the " " and response both being consideredthe "Contract Documents") via 9 PD 2024-003, in which Contractor asserts its willingness, ability and r lifi tion provide this work and service (hereinafter referred to asthe "Work"). B. City andntr t r desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work. Ca City has complied with the public bidding reqUirements under Arizona Revised Statute Title 34 and Apache Junction City Code, Vol. I, Chapter 2; Administration, Article : -7: Procurement Procedures. AGREEMENT THEREFORE, City retains Contractor to perform, and Contractor agreesto render the Work in accordance with the terms andcry iti n set forth as follows: . SCOPE: Contractor shall doand perform or cause to be done and performed in a good workmanlike manner, the Work,in accordance with the Contract Documents as fully described in the RFP No. PD 202 - 3, which pricing is set forth in Schedule I and Schedule2 under Exhibit A of this Agreement. 2. CONTRACTm TERM: The Term of this Agreement shall be for tern 1 p years and shall begin on September 1, 2024 through August 31, 2034. w LABOR ...AND MATERIALS- Unless otherwise provided_ in the contract documents, Contractor shall provide, pay and insure under the requisite l nd regulations for all labor, materials, equipment, tools and machinery, utilities, , transportation, other facilities and services necessary for the proper execution and completion of the Work whether temporary r permanent, and whether or not incorporated or to be incorporated in the Work. 4. TAXES: Contractor shall pay all license, sales, consumer, use are rather similar taxes for the r portions thereof f rovi Contractor which are legally smarted at the time i are received whether or not yet effective or subsequently applicable due tot of jurisdictions or bodies other than City. Unless5. PERMITS & FEES- otherwise r vide 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. ntr for shall give all notices n comply with all laws, ordinances, rules, regulations an lawful r r of ny public uthorit bearing on the performance of the Work. City permits for this Work will be providedto Contractor at no crest. Contractor represents and warrants that arly license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity describedherein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain n business license pursuant to Article 8-2of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination f this Agreement any time Work is performedpursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tag provision of the ache Junction Tax Code, Chapter 8A, may also apply and i sop shall obtain a transaction privilege license and/or other licenses 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 andall applicable licenses. Further, Contractor agrees to pay all applicable pri ll r and use taxes that are applicable to the activities, products and services provided under this Agreement, 6. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as are independent Contractor, Contractor's employees shall under no circumstances be considered red or held to be employeescar agents of City, and City shall have n ligation to pay or withhold state or federal taxes or provide rk rs' compensation or unemployment insurance for or can behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures, and for coordinating tin all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees. . INDEMNIFICATION: To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold harmless City, its elected and appointedofficers, officials,ls, rats, and employees from raagainst any and all liability including but not limited to demands, claims, actions, frees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to 2 have arisen from r connected with,_ relating to, arising out of, or alleged _ to her resulted only from the negligent, intentional or reckless acts, errors, mistakes, ornissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's ub on r t r in the performance of this Agreement. Contractor's tor' duty to defend, hold harmless indemnify City, its special districts, elected are appointed officer,, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodilyinjury, sickness, disease, death, or injury to, impairment, or destruction of property including Ions of use resulting therefrom, only caused, by a Contractor's negligent, intentional, or reckless acts, errors, mistakes, omissions, Work or services in the performance of this Agreement including any employee Contractor, any tier of Contractor's subcontractor or any ether person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 8. -- LAYS C 2 r Neither City no Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the avant of enforced delay are "Enforce Delay") roe to causes eyond its control and without its felt or negligence or failure to comply with applicable laws, including, but not restricted , acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, " labor disputes, and unusually severe weather or the delays of subcontractors or rrrat rialmen drag to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorismr aco-terrorism), unclear 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 r similar hiatus (whether permanent or temporary) by any public amity directly affecting the Project. In no agent will Enforced Delay include any clay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by Contractor actor in connection with the project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the avant of the occurrence e 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 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 are extension for the period of the EnforcedDelay; and provided further that in no event shall a period of Enforced Delay exceed ninety calendar days. w GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be trio 3 in a court of competent jurisdiction in Phial County, State of Arizona. The Parties hereby waive all provisions of lam providing for a change of venue in such proceeding to any other county. In the avant either Marty shall bring snit t enforce any term of this Agreement or to recover any damages for and are account of the breach of any tern or condition in this Agreement, it is mutually agreed that the prevailing arty in such action shall recover all costs including- all litigation and appeal expanses, collection expanses, reasonable attorneys' fees, . necessary witness fees and court costs to a determined the court in such action, r INSURANCE: Contractor, at its own expanse, shall purchase se an maintain the minimum insurance and other additional requirements sat forth herein. All insurance required herein shall be maintainedin full farce and effect until all work or service required to be performedunder 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 ce shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it, Any failure to comply with the claim reporting pro isions of the insurance policies or any breach of are insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, exceptWorkers' Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, arrears, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self insure retention and City, at its caption, may require Contractor to secure payment of such deductibles or self insured retentions by a Surety Bond or an irrevocable and unconditional latter of credit. City reserves the right to request and to receive within tarp 1 working ays, certified copies of any or all of the heroin required insurance policies and/or endorseraonts. 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 ity's right to insist on strict fulfillment ent of Contractor's obligations under this Agreement. 'rhd insurance dlidi , except Workers' Compensation, required y this Agreement, shall name City, its agent, officers, officials and employees additional insured parties. REQUIRED Commercial General Liability Contractor shall maintain Commercial General Liability insurance w`th a limit of not less than $1,000,000 for each occurrence with ,000, 0 Prod ucts/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The li y shall include c r for bodily injury, broad form property damage, personal injury, products pl t d operations and blanket contractual v including, t not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad Insurance r i ice, Inc. li y Fora CG 00011-93 or the equivalent thereof. In addition, automobile liability coverage of at least 1 million r occurrence r a combined single limit of at least $1,000,000 is required, The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicableto the Contractor'sbusiness. Contractor shall maintain garage liability ilit coverage with limits of $1,000,000 per accident,nt, 000,000 aggregate. nt tur shall maintain urn-hook liability coverage ith 0,000 minimum. Such policy shall contain a severability of interest provision and shall not contain tact provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General liability additional insured ndor men shall be at least as broad as the Insurance r is ice Inc.'Inc.'s AdditionalInsured, Form CG 20101185, or the equivalent thereof, and shall include u r g for Contractor' operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, shall purchase and maintain, at all tirnes during prosecution f the work, services or operations under this Agreement, City and Contractor'sProtective Liability insurance pulicy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on are 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 ntr ct r' General Liability insurance. 5 Workers' Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal rid state statutes having uri di ti r of Contractor' employees engaged in the performance of the workr services; and Ern layer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In cuss any work is subcontracted, Contractor will require subcontractor t provide rk r ' Compensation and Employer's Liability to at least the same extent as required f Contractor, CERTIFICATE INSURANCE Prior to commencingark or services under this Agreement, Contractor shall furnish the City with Certificates f Insurance, or formal endorsements a required by Agreement, issued by Contractor's in r r , as evidence that policies rovi inn the required coverages, conditions an firnits required by this Agreement are in fall force and effect. In the evert any insurance dli i required by this _Agreement are written on "cl irn m is, coverage shall extend for two ) years past completion are acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance,, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreemerit, a renewal certificate must be sent to City thirty C calendar days prior to the expiration date. All Certificates f Insurance shall be identified ith bid serial number and title. Insurance required herein shall not expire, be h I , or materially changed without thirty ) calendardays' prior written notice to City, v SUCCESSORS- ASSIGNMENT _DELEGATION: it are Contractor each in themselves, their partners,, successors, assigns and legal representatives to the ether 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 docurnents. Neither party to the contract cat shall assign the contract or sublet it as a wholeor delegate the duties hereunder without the written consent of the ether, nor shall Contractor assign any monies r to become due to or to become due to it without the previous written consent of City. 12. WRITTENNOTICE: 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 are office of the corporation for whom it was intended or if delivered at or seat registered r certified rail, return rn receipt requested, and first-class postage 6 prepaid to the last business addressn to them who gives the notice. 13. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety atell times. 14. RIGHTS & REMEDIES: The duties and obligations imposed by the contract docuryients and the rights remedies available hereunder shall be it addition to and not a limitation of any duties, obligations, i hts and remedies otherwise imposed or available law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of the under the contract, nor shall any action or failure to act constitute are approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing 15. .. ......TERMINATIONT If,for away reason,Contractor shall fail to fulfill in a timely and proper manner its/his/her its/his/her obligations radar the contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of the contract, City shall thereupon have the right to terminate the contract by giving written notice to Contractor of such termination and specifyingt the effective ate thereof. Notwithstanding tandin the above, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of the contract by Contractor. 16. APPEALS: All contractual grievances shall be submittedin writing t the Tow dr dent within seven 7 calendar aye after the difference of opinion or grievance assure relating to any of the provisions of the taw regulations eat forth herein. Within seven (7) calendar days of receiving a written grievance, the Tow Sergeant shall respond in writing to the taw company. The tow company may within seven 7) calendar days appeal this decision to the Tow Lieutenant, who shall have seven 7 calendar days to respond to the tow company. The tow company shall have seven 7) calendar days to appeal to the Tow Commander, who shall have seven 7 calendar days to respond to the tow company. The to company shall have seven 7 calendar days to appeal to the Police Chief, who shall have seven (7) calendar days to respond. to the tow company in writing. The Police hiafa decision shall be final and binding, subject only to d further appeal y the tow company in the Pinal County Superior Court PUrsuant toA.R.S. 1 9 1, et seq. 17. RECORDS: Records of Contractor's is labor, payroll and other costa pertaining to this Agreement shall be karat on a'generally recognized accounting aria and made available to City for inspection on request, ontractor shall maintain records for a periodof at least two (2) years after termination n of this Agreement and shall make such records available during that retention period for examination or edit by City personnel during regular business hours. u 1_ . E ,T: t i t ll understood n r that nalteration va riation ri tion f the ter and conditionsof this Agreement shall be validunless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be bindingthe parties. 19. Tl ......"GR Tw This rep Brit and an attachments resent the entire rep ht between Cit and Contractor and supersedeall prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation f the terms and conditionsf this Agreement shall be validunless made in writing and signed the parties hereto. Written and signedamendments shall automatically become part f the supporting rim , and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by constrUing 'the provisions as MUtUally complementary and supplementary. 20. SEVERABILITY: City and Contractor each believet 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 i declared voidr unenforceable (gar is construed as requiring ity 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 n this Agreement shall otherwise remain in full force and effect; providedthat this Agreement shall retroactively be deemedreformed to the extant reasonably possi 1 in such a manner so that the reformed agreement an any related agreements effective as of the same data) provide essentially the same rights and benefits (econornic andotherwise) t the Parties as if such severance and reformation were not required. nless prohibited by appli ana laws, the Parties further shall perform all acts and execute, acknowledge arid/dr deliver all amendments, instruments and consentsnecessary to accomplish are to give effect to the purposes of this Agreement, as reformed. 21. 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. 22. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of - 11. 23. PROHIBITION TO CONTRACT IT CONTRACTORS E IN BOYCOTT �.. F T F 1 L: The....Parties acknowledge w . .......� ....- 393 through 35-393.03, as amended, which forbids lic entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor Linder 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. . CERTIFICATION...... PURSUANT TO A.R.S. 5-394. In accordance with Arizona i d Statutes § 35-394, Contractor hereby certifies and roes that Contractordoes riot ortrr ntly and shall notforthe dUrotion of this Agreement use: 1 the forced labor of ethnic Uyghurs in thePeople's Republic of China, any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or any suppliers, contractors or subcontractors that Use the forced labor or any services or goodsproduced by the forced labor of ethnic Uyghurs in the la's Republic of China. If Contractorbecomes aware during the term of this Agreement that Contractor is not in compliance with this Section, than Contractor shall notify the City within five 5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied noh noncompliance within one hundred eighty (1 0) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs afore the end of such one hundred eighty 1 0 ay remedy rip , this Agreement shall terminate on such contract termination date. p . t I WITH F AND- STATE A Contractor understands are acknowledges the applicability of the American with Disabilities Act, the Immigration Reform andControl Act of 1986 and the Drug Frog Workplace Act of 1989 to the services performedunder this Agreement. As required A.R.S. 1-4 1, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.& § 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 cusps any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and 14 , and subcontractors shall further warrant that after hiring are employee, such subcontractor verifies the employment eligibility of the employee through the F-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, 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 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 F-Verify requirements contained inA.R.S. - 4w . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works Lander this Agreement to ensure that Contractor or subcontractor is complying with the warranty, Any inspection will e conducted after reasonable notice and at reasonable times. If state law i amended,the Parties may modifythis r r consistent with I 26. COOPERATIVE__- CONTRACT: City has enteredinto various cooperative sin _ is i —other Arizona governmentagencies, including tr to is Alliance for ___ Volume Expenditures "SAVE" cooperative. i n r t may be extended for use by otheri i liti , school districts r i in the State of Arizona with approval ofContractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, r and/or procurement rules n regulations f the respective v rn _t agency. Orders placed by other agencies nt thereof ill be the solen i ili t agency. City shall not be responsible for any disputesarising t oftr y others. IN WITNESSi no have caused thisAgreement t be signed y their duly authorizedrepresentative as of this f TOWING,EXECUTIVE an Arizona corporation By: t " CITY OF APACHE JUNCTION, an Arizona municipal corporation: Walter" i "Wilson Title: r Jennifer City lr APPROVED AS TO FORM: Richard . Stern City ttrr STATE OF&MIC COUNTY OF ) SS. ) The foregoing ribed and swornto before me this day of s by y Name3, alant t F-xecui 7i iy lyi ili r� Q iv in 111C }1g11611#1&tt/f� �1\\ ° oiELLA Mt ' n®�p r ! blip N\ y My Commissionit 03 , STATEARIZONA ) SS. COUNTY OF PINAL The foregoing subscribedn sworn before this day __ alter"Chip"" i!son, as Mayor of the Cityf ApacheJunction, Arizona, an Arizonai il corporation. Notary Public My Commission it CITY OF APACHE JUNCTION AGREEMENT FOR TOWING AND VEHICLE STORAGE SERVICES THIS AGREEMENT is made and enteredinto by and between JUNCTIONAPACHE ("City"), an Arizonai i I corporation, and APACHE SANDS TOWING, an Arizonacorporation ("Contractor"), who shall be collectively referred t "Parties", r individually " RECITALS A. Contractor has responded to City'sproposal " " and response bothi considered "Contract Documents") via . PD 2024-003, in whichntr c r asserts its willingness, ability and qualificationst provide i rservice (hereinafter referr s the "Work"). B. City r ctor desire to set forth hereintheir respective responsibilities and the manner and termsis r c II render Work.the C. City has complied i is bidding requirements Arizonavi Statute i te 34 and Apache Junction CityVol. I, Chapter Administration, Article -7s Procurement Procedures. AGREEMENT NOW, THEREFORE, City retainsc r , and Contractor agreesrender the Workin accordanceit terms and conditions set forth as follows: 1. SCOPE: Contractor shall do and perform orc performed in a good workmanliker, the Workin accordancei ContractIIdescribed in the RFP No. , which pricing is set forth in Schedulen Ie 2 under Exhibit A of this r n . TERM:2. CONTRACT The Termthis r II be for t yearsll begin on September 1, 2024 throught 31, 2034. ® LABOR AND MATERIALS: I t iprovided in the contract documents, t II provide, pay and insure under the requisite laws and regulations for all labor, materials, equipment, tools i , utilities, transportation, other facilitiesservices r the proper execution and completion of the Work whether temporary or permanent,and whetherr not incorporated r to be incorporated in the Work. 4. TAXES: Contractor I I pay all license, 1 , consumer, use and other similar taxes for the Workr portions thereof provided by Contractor which are legally enacted at the timei received r or not yet effectiver applicablesubsequently i ions or bodies other than City. Unless5. PERMITS & FEES: ise provided in the Contract Documents, it permits, government fees, licensesinspections ry for the proper executioncompletion whichWork re customarily securedi rwhich are legally required. r shall givenotices 1 i laws, ordinances, rules, regulations and lawful or r liauthority bearing performanceon the rk. City permitsi ill be providedt Contractorr r represents rlicense performnecessary to the Work under thisr rr valid. Contractor understands that the activitydescribed herein constitutes "doing businessin the CityJunction" and Contractor agrees to obtain businesslicense Article i i , Vol. I, and keep such license r ing the term of this Agreementr termination of is Agreement any time Work is performed pursuantto the warrantyi i . Contractor tax provision ti , Chapter BA, may also applyi II obtain a transactionprivilege icense and/or other licenses required i . Any activityrwithin the corporate city limitswill invoke i i regulations r , and Contractor ensures its subcontractorsill obtain any and allli Further, Contractor agrees to pay allapplicable privilege that are applicablei ii , products and servicesprovided i Agreement. 6. INDEPENDENT ® Contractor shall at alltimes_ during Contractor's rmance of the services retainContractor's independent Contractor. Contractor's l under no circumstances be considered r held to be employeesr agents of City, ihave no obligation r withhold state or federal taxes or provide workers' compensationr unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and directthe deliverymaterials i its best ill "and attention. r in thisAgreement, Contractor shall be solely responsible for all means, methods, techniques, procedures, r i i l portions of the work required r documents. Contractor II be responsibleiomissions of its employees. . INDEMNIFICATION: To the fullest extent permittedlaw, Contractor shall defend, indemnify 1 less City, i I t officers, officials, agents, and employees fromi I liability including but not limited # iactions, expenses, including attorneyiarising ialleged to arisenhave r r connected with, relating to, arisingalleged resulted Iy from the negligent, i i I or reckless , errors, mistakes, omissions, r r i r, iemployees, r i Contractor'ssubcontractors iperformance this Agreement. Contractor's duty to defend, hold harmlessindemnify i ,its special districts, elected and appointeda r , officials, agents, and employees shallarise in connectioni any tortious claim, , loss or expense that is attributableit injury, sickness, disease, , i , i it r destruction property including loss of use resulting r r , by a Contractor's negligent, intentional, l , errors, mistakes, omissions, services in the performancethis including Contractor, any tierr' r whose errors, mistakes, work or serviceslegally liable. 8. ENFORCED DELAYS (FORCE MAJEURE Neither City nor Contractor, , i r its 1 obligations i Agreement" i f "Enforced ," i control i I 1 r negligence it i i _laws, including, i , acts of God, 'r , i . , i , i , quarantine, restrictions, labor disputes, and unusuallyr lsubcontractors materialmen due to such causes, acts of a public , war, terrorism terror (including limited i ri r rr ri , nuclear radiation, , insurrection, i , labor striker interruption, i , r similar occurrencer any exercisei i of any governmental li entity, or a declaration moratorium -similar i r permanent or temporary) by any public delayent i it i ® I ill r I include any resulting r _ unavailability labor shortages, or the unavailability r any reason_ particular , subcontractors, vendors or investors ited by Contractor i ion with the Project. Contractor agreesr r alone will bear alli iEnforced Delay. In the event of the occurrence of any such Enforced Delay, the timer times' r obligations i ishall extended r a periodprovided, v r, that the Party seekingrt of the provisions of thi ishall, within thirty calendar days after such Party knows r should know of any such EnforcedDelay, first notify the other Party of the specificin writingclaim right extensionr the periodr Delay; and providedin no eventll a periodninety ® GOVERNING LAW AND VENUE: The terms and conditionsi Agreement shall be governedinterpreted in accordance with the State of Arizona, i in equityi r the purpose of enforcing i rights vi in this ,shall be tried in a court of competent jurisdictionin Pinal __ Arizona. The Parties waivehereby vii law providingr a change of venue in such proceeding . I either l i i enforce this Agreement r to recover any damages for and on account breachof the r r condition in thisAgreement, it is mutuallyagreed prevailingthe i shall recover I i l i : l litigation expenses,and appeal collectionexpenses, reasonable> attorneys' necessaryi is to be determinedin such action. 10. INSURANCE: Contractor, at its own expense, shall purchase and maintain i i insurance irequirements set forth herein. All insurance required i l be maintainedin full force and effect_ until all work r service requiredperformed under the terms i satisfactorily l l <it , I discretion i constitutematerial i Agreement. Contractor'sinsurance II be primary insurance rCity, and any i self-insurance i contribute i . Any failure I with the claimreporting provisions insurance policies or any breach i' policy; _warranty y r under the policies r i The insurance lii Workers' Compensation, I iwaiver t rightsi )against, City, itofficers, officials employeesand i arising Contractor's , rmistakes, omissions, r r. _services. The insurance li i provide v i _ ideductibles i r i i t and/or I ®i retentions ll t be applicable i r r i i -r policies. Contractorl I responsible r deductible and/orself-insured retention i i option, require r _r to secure such deductibles self-insured retentions r irrevocable and unconditional letter of r i City reserves right i i iworking certified i Il of the hereinrequired i policies i II obligated, r, reviewr advise Contractordeficiencies, in such policiesendorsements, and such receiptI not relieve tr r from, or be deemed a waiver of City'sright insist strict fulfillment Contractor's i iAgreement. The insurance li i , except Workers' Compensation, required i shallCity, its r , officials and employees additionali i REQUIRED Commerciali , i maintainContractor shall it General Liability insurance withlimit not less than $1,000,000r each occurrence with Products/Completedi , Aggregate Limit. i includer it injury, formproperty personal injury, r I operations blanket_ contractual including, but not limited_ _, the liability r the indemnification prvii is Agreement whichr ill be at least broad as _ ri i , li r _ i _ r . i i , itliabilityr l million r _ nce or a combined single-__ limit least$1,000,000 is required. auto liability licy should contain endorsements for hired autos, vehicles,autos and scheduled i Contractor's < i Contractor _shall maintain r liability coverage i limits f , , accident, , , _aggregate. shallmaintain liability coveragei minimum, policySuch 1 contain_ sever ability interest r i i shallcontain a sunset provision _commutationrprovision_. whichl serve to limit itd party action over claims. The Commercial r l Liability additionalinsured r l be at broadleast as rService i ®, Additional l Insured, Form CG 1 r i t l include coverage r Contractor's operations r operations. If requiredi if Contractor sublets any part of the work, services operations,or ll purchase and maintain, at alliduring prosecution r , services or operations 'i Agreement, i Contractor'si Liability insurance policyit injury__and property damage, including i ariseiprosecution the Contractor's service ions under this Contract. Coverage shall be on an occurrenceis with a limit not less than $1,000,000occurrence, and the policy issued by the same insurance issues Contractor's General Liability insurance. Workers' Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance li i imposed by federal and state statutes havingri i i r' employees engaged in the performancer i Employer's Liability insurance of notl than $100,000 for each accident, , disease employee,for each and $500,000 diseasepolicy limit. In case any work is subcontracted, r ill require subcontractor to provider r ' Compensation and Employer'sLiability least extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing r services under thisAgreement, r r shall furnish ity with Certificates , or formal endorsements as required r , i Contractor's i ), evidencet policies required coverages, conditionslimits required_ i Agreementare in full force In the event any insurance policies _ it i rwritten "claims basis, r shall t r t _ years1 i acceptance of the Contractor's r services i l Certificates - it with the CityCity. If a 'policy it ri the lifeAgreement, a renewal certificate be sent to i i { r priorexpiration I! i ' Insurance shall identified wit i serial number and title. Insurance required herein Iexpire,_ , materially withouti ( ) calendar ' prior written noticeCity, 11. SUCCESSORS ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns assignsrep i r t r , , legal r r i r party i " respect to all covenants, agreements and obligations i i r Neither party to the shall i r r i I r l contractthe duties hereunder without the writtent of the other, nor shall Contractor assign any moniesr to become due to or to become due to it without previous ri i ® WRITTEN NOTICE: ri _ notice shall be deemed to have been duly served if deliveredin person to the individual or member of the fir ti r officeto an i r whom it was intended or if delivered registered r certified mail, r receipt , and first-class prepaid last businessr inotice. . r and/or its subcontractors !l be solely responsible r job safetyall times. 14. RIGHTS & REMEDIES: The dutiesli _ i imposed contract t i remedies it l hereunder shall be i addition i " i ion of any duties, obligations, rights and remedies otherwise imposed or availablei it to act by Cityr Contractor shall constitute a waiveri r duty afforded under the contract, nor shall any actionr failure to act constituteapproval r an acquiescenceto any breaches hereunderit agreedin writing. CONTRACT:15. TERMINATION OF r any reason, Contractorl i ' to fulfill in a timelyr its/his/her obligations under the contract, if Contractor shall violate any of the covenants, agreements, or stipulations contract, City shallrhave the rightterminate the contract by gi i written i i i specifying ti t thereof. Notwithstanding above,_ Contractor shall not be relieved_ liability i damages sustained ity by virtue of any breach of the contract by Contractor. . II contractual grievancesI i in writing the Tow Sergeant within sevenr days after the differenceopinion grievance relating ii tow regulations herein. Within,sevenreceiving ritten grievance, the Tow Sergeantl respond in writing within v ) calendar days appeal this decisionLieutenant, who shall have seven {7) calendar days to respond to the tow company. The tow company shall have seven (7) calendar days to appeal to the Tow Commander, sevenwho shall have { calendar days to respond to the tow company. The tow shallcompany v v ) calendar days to appeal to the PoliceChief, shall ) calendar days to respond to the tow company in writing. Police i ' decision i binding, by the tow company in the Pinal County Superior Court pursuant 9 ® Contractor's labor, payroll and other costs pertaining is Agreement shall be kept on a generallyiaccounting basisit Ie to City for inspection request. Contractor shall maintain tperiod termination i shallAgreement and records availableduring retention i r examination it by City personnel during regular ihours. 7 . I is mutually understoodr alteration or variation of the terms and coii is Agreement shall be valid i writing i i r , _l understandings agreements incorporated herein shall not be binding 19. ENTIRE AGREEMENT: This Agreementrepresent the entire agreementi r and supersedeit prior negotiations, representations r either express r implied, written rr . It i mutuallyalteration or variati termsiions of this Agreementshall be validl in writing signedies hereto. Written and signedl i I supportingbecome part of the r inconsistent provision therii provided, however, that any apparentinconsistency ! be resolved, i ible, by construing the provisionsmutually complementary and supplementary. 20. I s City and Contractor each believethat the execution, delivery i r in compliancei ll applicable laws. However, in the unlikelyprovision is Agreement i declaredi unenforceable is construed as requiringi i violation applicable , including any constitutionalr ii , law, regulation, or ci , such provisionr i Agreementis Agreement shallotherwise i in full force providedis Agreement shall retroactivelyreformed extent reasonably possible in such a manner so thatthe r (and any related i ) provide essentially rightssame s (economic otherwise) to the Partiesif such severance reformation required. i iapplicable laws, the Partiesr shall perform all acts and execute, acknowledge and/or 'deliver I , instruments and consents necessaryaccomplish to give effect to the purposesiAgreement, as reformed. 21. TIME1S OF THE ESSENCE: Time is of the essence withrespect to all provisions in thisAgreement. Any delayin performanceeither Party shall constituterial breach of thisAgreement. . CONFLICT OF lNTEREST: This Agreementis subject to, and may be terminatedi in accordance with, the provisions . PROHIBITION23. I PartiesBOYCOTT OF THE STATE OF ISRAEL: The -393 through 35-393.03, as amended, which forbidspublic entities contracting with Contractorsin boycotts of the State of Israel. ShouldContractor under this Agreement engage in any such boycott againstIsrael, this Agreement is automaticallyi is a material breach of contract and ill subject Contractor to monetary , including limited to, consequenti liquidated CERTIFICATION24. r i Arizonai rcertifies_ agrees Contractor does not currently r the durationiAgreement use: ) the forcedlabor of ethnicin the People's Republic China, ) any services labor of ethnic- Uyghurs in the People's Republici / ) suppliers, rsubcontractors the r _ ri r goods r rr of ethnic Uyghurs i Republici r becomes. awarei the term of Contractor i` i i compliance i iSection, then fy the ity within _i ive ( businessbecoming noncompliance.aware of such r i i i written ` r has remediednoncompliance within eightyone hundred r notifying the Citynoncompliance,this Agreement II terminate, except that if the Agreementr i i r beforer i remedy period, this Agreementll terminate on such contractr i i COMPLIANCE LAWS: Contractor understands,, _ i ii i i i ili i Act, the Immigration Reform and Control Act of 1986 and the Drugr servicesWorkplace Act of 1989 to the runder-_ this Agreement. As required _hereby_ warrants = its compliancei federalall immigration laws and regulations that relate to its employees ( Contractor further warrants r hiring an employee, Contractor will verifyli i ilithrough the E- Verify program. r in performance services, subcontractors l warrantit i i lfederal immigration l regulationsr i shall214(A), and subcontractors r warrant r hiring an employee, such subcontractor verifies the employmenti i ii employee the i program. i warranty -shall material breachr i._ subject to penaltiesincluding termination_ i Agreement Contractori r day r the itviolation, _r rviolation, , r itviolation. i its option terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement i r i compliancei employment verification, Sectionsfederal Immigration and Nationality - ri itcontained' i City _retains legal right inspect the papers of any Contractor or subcontractor employee who worksr this Agreement Contractor or subcontractor i complying i inspection ill be conducted _after reasonable noticei ® If state law i amended, the Partiesi this paragraph< consistent ' W COOPERATIVE USE OF CONTRACT: City has entered into various cooperativei i other Arizonaagencies, including_ Strategic Alliance for Volume Expenditures_ "SAVE" cooperative. This contractr use by other municipalities, school districts and govr t agencies in the State of ArizonaIt approvalentities i _accordance i ri r ,ivrprocurement rules and 'regulationsI r agenciesill be the solei i i that agency. City shall not be responsible for any °disputes arisingtransactions partiesIN WITNESS WHEREOF the reto have caused thisAgreement signedbe it duly authorizedrepresentative this ®� APACHE SANDS TOWING, an corporation Arizona Title: I Arizona municipal corporation: y Walter" i Wilson Title® Mayor Jennifer Pena City I r 1 APPROVED AS TO FORM: 8-8-24 .. Richard t_r City Attorney } STATE OF COUNTY FZ � . ) The foregoing as subscribed and sworn to before me this 710 ®�- t iC t? ®roc �G (Company ], / (State] r r i /li its liability ]® Notary Public CommissionMy Expires: romw n, l P to r;o a sP ztm MAY zda,2 STATE OF ARIZONA } ) foregoingCOUNTY OF PINAL The i _ed and sworn before me this of , Walter "Chip" Wilson, as Mayor of the City of Junction,Apache riArizona municipal r- i Notary Public My Commission it 1 CITY OF APACHE JUNCTION AGREEMENT FOR TOWING AND VEHICLE STORAGE SERVICES THIS AGREEMENT is made and enteredinto by and between APACHE JUNCTION ("City"), ri municipal corporation, DIVERSIFIED , an Arizonar ' r t ("Contractor"), II collectivelyreferred s "Parties", Ir individually as a "Party". RECITALS A. Contractor has responded` to City'srequest for proposal ( e "RF and response both being consideredt "Contract ` ") vi , in which Contractor asserts its willingness, ability and qualifications provide is work and service'(hereinafter referred s the "Work"). B. City and Contractor desire to set forth hereinit respectl responsibilities r s upon which Contractor shall rend r the Work. C. City has complied withthe publicbidding requirements r Arizona ised Statute;Title n Junction it , Vol, I, Chapt r ®Administrgtion, Article 3-7:Erocurement Procedures. AGREEMENT NOW, THEREFORE, City iris Contractor to perform, and Contract agrees to render the Work in accordancei the terms and conditions set as follows: s Contractor shall do and performt o be done a d performed in a good workmanliker, the Workin accordancewith i s Contract Documents as fully describedI ,which pri l` is set forth in Schedule I and Scheduler Exhibit A 'f this Agreement. 2. CONTRACT TERM: The Term is Agreement shall be for ten (1' years and shall begin on September , 2024 through past 31, 2034. 3. LABOR AND MATERIALS: Unless s t r ise provid in the contract documents, Contractor shall provide, insure under the requisite laws regulations `r all labor, materials, equipment, tools and machinery, utilitie transportation, other facilities and seri s necessary for the proper executi and completion the Workwhether temporary r permanent, r or t incorporated or to be incorporated in the Work. 4. ® Contractor shallall license, sales, consumer, `use aid other similar taxes for the Work or portions thereof provided by Contractori e legally t t the time r i r °not yet effective r subsequentlylice 1 e to acts of jurisdictions or bodies other i s PERMITSS. t i ' provided in the Contrct Documents, Contractor shall secure and pay for all permits, government fe" , licenses inspections ec r r the proper execution n ti on of Work ish are customarilyr xec e contract and whi' are legally required. r II give allnotices` comply iall l ordinances, rules, rorders` public `authorityri a on the performancethe Work. City permitsfor this Work will be provided Contractor tr t represents and warr t any lice necessaryr r this Agreementis currentv 1 Contractor understands that the activity described herein constitutes "doi" businessin the Cityf Apache Junction" and Contractor agrees to obtain business license pursuant to Articlethe Apache Junctioncl' , ` lip current i t' this r r termination of thi r t any time r is performedpursuant to >t e warrantyprovisions In Section Contractor also acknowledgesthat t e tax provision of the Apache Junction ' r 8A, may alsoapply an if II obtaintransaction privilege license 'other lip ' e required e city, code, Any activityc c r it i e corpora city limits ill invoke licensing regulations on any subcontractors, Contractor ensures its subcontractorsill obtain any and allapplicable lip Further,` ctcr agrees to pay all applicable privilege applicable ` the activities, r is provided under i Agreement. 6. INDEPENDENT CONTRAC Contractor shall at all times ri Contractor's r e of the servicesretain ntr c r' -status as n independent Contractor. r ct ' I e l under no circumstanc e considered or held to be employees or agents of City, City shall have obligationto pay or 'withhold ` to or federal taxes or vi worker ' compensation or unemployment insurance for or on behalfthem or Contract r. Contractor shall supervise andit the deliverymaterials using its be t ill and attention. Except as providedIn this r , Contractor shall solely responsible` for all means, methods, techniques, procedures,and for coordinating all portions of the work required the contra documents. r shall be responsiblet ' City for the actsomissions its employees. 7. INDEMNIFICATIO : To the fullest extentpermitted y law, Contractr shall defend,indemnify nd hold harmless City, its electedappointed r officials, t , and employeesr let all liability includi but not limited to demands, claims, actions, , costsi 1 i , witnessattorney and expert , `arising from or connected withr alleged arisenhave r r connected with, relating t , arising out of,' r alleged to ha e resulted Iy from the negligent, intentional r reckless r , iiomss , r i Contractor, its i , or any tier f Contractor's subcontractors in the performancef this Agreement. `Contracto , duty to defend, harmless indemnify City, its special districts,elected appointedi r , officials, agents, and employeesII arise in connection with any tortious claim, , loss or expense that is attributable to bodilyinjury, sickness, disease, death, or injury t , impairment, r destruction of property including loss f use resulting r r , only caused, by a Contracto ' negligent, it i 1, or reckless acts, rrr , mistakes, omissions, Work r services In the performancei t including any empi f Contractor, any tier of Contractor's subcontractor or any other person for who e acts, errors, mistakes, 'omissions, work or services Contractore lega 1 liable. 8. Neither City n Dr Contractor, as the case may be, shall be considered not to haveor e .,i obligations er this Agreement in the eventf enforced delay (an " ` ro Delay") due to causes beyondits control and without its fault or negligence r failure to comply it applicable laws, including, cat not restricted t , acts f God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoe , labor disputes, o ns 11 severe weather' r the delayssubcontractors r material materialmen due to suchcauses, acts of a public enemy, , terrorism r act terror (including but not limitedto blo-terrorismr - 'rroris , nucle radiation, l , insurrection, 'riot, labor strike or interruption, extortio , r similar occurrence or n exercise r, f eminent f any governmental body on behalff any public entity, or a declaration moratorium r similar hiatus (whethert ortemporary) by any pubi entity it ctly affecting the Project. In no eventill Enforced Delay include delay resulting vail ` ili for any reason of labor shortages, unavailability r any reason 1 r consultants, subcontractors, v r investors desir ` of r in connection i r e r fees that Contractor alone will bear all risks I ish are not Enforc Delay. In the eventoccurrence f any such EnforcedDelay, e time r times r performance of the obligations of the Party claimingdelay shall extended r a periodEnforced Delay; provided, however, that the Pa seeking the benefit of the provisionsis Section shall, within thirty ( calendar days after such Party knowsr should know" of any such Enforcecl Dela , first notify the other Party of the specific delay in writing andclaim right to n extension r the periodthe EnforcedDelay; and providedf t i n o event` all "periodEnforced l' i ) days. 9. OOVERNING i- The terms and conditions t Agreement shall be governedinterpreted in accordancei f Statethe o Arizona. action r'iequity € r Party. r purposenfri or rights vi in thisAgreement,shall be ti in a court of competent jurisdictionin Pinal County, Stateri i hereby ivy all °provisions Iprovidingfor venue in s proceedingto any other ° In the eventi ll bring suit' enforce y term of this Agreement or to recover for and on accot of the breachcondition in thise it is mutuallyagreed` the prevailing t in such action shallrecover all costs including: lliiai appealand expenses, II , reasonable ' f " a, necessary witness es and court costs to be determined by the court in su h tiers. . I Contractor, at its x , shall purchasea maintain the minimum insuranceadditional requirements set herein. All insurance required r in shall be maintained in full force it 1 work r service required e r r the termsf the Agreement i satisfactorily c1 to ri formally accepted; failure to do so may, at the s le discretion i constitute ri I breach of thisAgreement. Contractor's insurance shall be primary insurance a respect to City, and apy insurance r self-insurance mairy i e ity shall not contributeto it. Any failure to comply withclaim reporting r vi a of the insurance ` Ii i breachor any insurance liwarranty shall not v r` afford under the insurance policiesto protectCity. The insurance poli i a, except WorkeW Compensation,-shall contain waiver transfer rights recovery r ti )against City, i ,officers, ii -la and I claims arising` errors, mistake , omissions, work or>services. The insurance policies provide coverage whichcontains deductibles insured retentions. Such deductibleand/or self-insured retentions ll not e applicable with respect the coverage pr i e to Cityunder such policie Contractor shall be solelyresponsible for the deductible and/or 19iri ur retention i t Its ti , may require ntr et r to secure payment such e' i 'I a or self-insured retentions by a Surety Bond or an irr and unconditional letter of credit. City reserves right to request and to receive within t ) 'working certified i ri r all of the hereinrequired insurance liei f r endorsements. City shall not be obligated, however, to review r to advi , Contractor of any ienci" in a li l n n ray rats, a receipt shall t relieve _Contractorr be deemedwaiver of City's right insist ict fulfillment of Contractor"s obligations under this The insurance policies, except Workers' Compensation, required y t i Agreement, ll name City, its agent, officers, i 1 to additionalyees s insured i s BEQUIRED COVERAGE Commercial i " i Contractor shall maintain Commercial General Liability insurance wi limit of not less than $1,000,000 for each occurrencei Products/Completed Opr ti r n l , r Limit. policy II include r r bodily injury, damage, personal its broad form y R u cc Ioperations blankt contractual coverage' including, t t limited ,t i i assumed under t e i iic i rt r' vii c ' i r t iscoveragelity ill least broad as I is i' , l . i r - Jk iv I t r f. I iti t i1 i ili v r l t 1 ill per occurrence or a combined single limit f "at least$1,000,000 is required. auto liability policy' should containendorsements 'i A non-own nd scheduled vehicles, as applicableto the Contractor's i Contractor shall maintain garage liability coverage withlimits Of$1,000,000r accident, $2,000,000 aggregate. Contractor shall maintain Habili coverage wit , minimum," Such policy shall contain a severabilityf interest vii 1 not a sunset provision r commutation c r any provisionis l r to limit itaction over claims. The Commercial General Liability addlUonal insured r I be it least as broad as the Insurance is is Inc.'Inc.'s Additional Insured, Form 20101185, r the equivalentthereof, l include coverage for Contractor's operationshd products and completed r is If required y,this Agreement, if ContractorI the work, servic r operations, Contractor all purchasemaintain, t II ri prosecution. is I t r this r t, City Contractor's Protective Liability insurance police for it it r ope including' death, i arise iprosecution r c i n of the Contractor work, is r operations r i Contract. r shall c c n occurrence cis . i rr limit t l t 1 , roccurrence, n t icy II issue insurance t iContractor General Liability insurance. - Workers' Applicabler' i r i Contractor shall carry Workers' Compensation insurance to cover obligatio imposed y federal and state statuteshaving jurisdiction of Contr ' I e i t performance r r `services; Employe ' Liability insurance I , r c accident, , i for each employee, and $500,000 diseaselac limit.' In case any workis subcontracted, Contractor ill require` nr` t r to provide r r ' Compensation and Employer's Liability to at least the sa e extent as required t ct r. CERTIFICATE Prior commencing r r services `under this Agreement, Contractor 11 furnish e i i Certificates ` r formal endorsements s required by Agr t, issued r e is r ), evidence t policies r ire` coverages, conditions limits t pair i Agreement, are in full force and effect In the event 'any Insurance li Ies required by this r ` are written on "el Ibasis, coverage shall e )years past completion acceptance of the'Contractor's work or services and as evidencedy annu I Certificatesf Insurance, to be filedi e City ClerkCity. If a policy does expire rl e life of the Agreement, renewal certificate mu t be sent to it i ) calendar days prior to the expirationw 11 Certificates of Insurance I identified ith bid serial number<and title. Insurance required a `1 11 not expire, be canceled, or materiallyn without thirty;(30) calendar prior written noticeCity. s I ® it h n ra r eachin t o Iv , t e r erm�g t�eee r g n and l I re r h i ter e ` tpartners, successor assignsI I r r iv r in respect II e venan agreementsli t i in con ct c el contractto the shall i contract r I i I r I dut® hereunder _ i ht t the ri n consent of r, nor 1l r assignmoniesr t become r t i without t e previous ri consent i 1 ® MLRITTEN NOTICE: i ticshall served if deliveredin personto t individual r member f Er r entity, r to n �e corporation for whom t e or- if delivered t r t _registeredcertifiedmail, r receipt requested, first-class prepaid to the last business addressto them who givesthe do ® r and/or fts subcontractorsit be sol` 1 responsible r job safety at alltimes. dutiesli ti imposed contract documents the rights remedies available hereunder:a ail be in addition to andlimitation of anyduties, obligations, rights and remedi' otherwiseimposed or available . No action or failure to t City Contractor all constitute waiver any right r , afforded any of t under the contract, norshall any action or failure to et constitute an approval f or an acquiescenceo 'any breacheshereunder except as may be specifica` l agreed in writing. 1 r ' f re ' of shall it i i/ i ! l r ito fulfill i l t,; t i ri ei i ! , o eocontract, v right t contract thereupon by givi` written notice to Contractor of such termination and specifyingthe effective da e thereof. Notwithstanding the e, Contractor shall not be relieved i ilit to City f damages sustained by City by virtue of any breach of the contract by Contractor, 16. ® All contractual grievances shall be submiftedin writingo the Tow Sergeant within seven` 7 calendar r the differenceopinion grievance occurs relating to any of the provisionstow regulationst f herein. Within seven ( calendar days of receiving ri e grievance, the To Sergeant shall respond in writing to the tow company. The tow company within seven 7) calendar e l this decisionto the Tow Lieutenant, shallve seven7 calendar days to r e t` w The to company shall v, seven ) calendar to appeal to the Towr, shallwho vseven (7) calendar 'days to respond to the tow company. The to company shall have seven (7) calendar y to appeal to the Police Chief, shall have sevenrespond to the towan in writing. Police i ' eei i n shall be final and binding, subject only to a further appe I by the t` company in the Pinal County Superior Court pursuant 1 w Records of Contractor's labor, payroll and other cos pertainingto this Agreementshall be kept on a generally recognized accountl pis and made available to City for inspection request. Contractor sh 11 maintain records for a periodle ) years termination of t Agreement ll make such records v it I that retention periodr examination r audit by Citypersonnel during regular business'hours. 7 . : It is mutuallyr t no alterati n r variation of the terms iti f this Agreement 'shall be valid l made in writingand signedhereto,` I understandings t agreements ' ti r herein l t be, binding on the pari . . Agreementreprese t the entireagreement between CityContractor and supersedeall negotiations, r ran r agreements, iexpress rimplied, writt r'oral. It is mutuallyn r alteration r variation terms and conditions of this Agreement shall be validunless made in writing signed by t n a parties hereto. Written n igned amendments shall automatica ! become t i , i t n i c i to t provision, therein; provided, however, that any apparent Inconsistency shall resolved, if possible, by construingprovisions lcomplementa . and supplementary. 20. ILITY: City andt liv t the executio , deliveryr i r in complianceit all li l laws. However, In likely event that any provisionf this Agreement i declaredvoid r unenforceable (or is requiring ity to do any act violation of any applicable laws, including ni ti l provision, i , regulation, city; ), such r vii ' shall be deemedvary from is Agreementn this Agreement shallc i remain in fullfc ' t; provided t this Agreement shall retroactively for extent reasonably possiblein suchmanner that the reformedt any related r n ivdate) provide essentially same rights i (economic n` otherwise) to the Partiesif su severance reformation wer t required. l prohibited y applicab laws, the Partiesshall perform all acts and execute, acknowledge and/ r deliver all amendments, instruments nd consents necessary to accomplish to givec to the purposesof this Agreement, as reformed. 21. 11ME IS OF THE ESSENCE: Time is of the essencei respect to it provisions in thisAgreement. delay' in performancei 11 constitute a material breach of thisAgreement. 22. LICT OF INTEREST: This Agreement is subject , and terminated y City in accordance with, the provisionsc - . 1 1ACTORS WHO ENGAGE I BOYCO n throughis forpublicbids entities r r iContractorsn inState, Israel. Should tr c ' under this Agreement engage in any sucht i of Israel, Agreement is automaticallyi sh boycott is a material breach contract and ill subject Contractor to monetary damages, including limited ti l and liquidated damages. I I t . laccordance tri tr o es and agrees t at Contractor does not currently and shall ' the durationthis 1) the forced labor of ethnici ' lie of China, ) services or goods 'produced by the forcedlabor of ethnic Uy9hurs in`the Peopl Republic of in , f )any suppliers,contractors or subcontractors that t the forced labor or any servicesc r labor f eth is Uy9hurs In the People's Republic of China. If Contractor becomes aware duri` the term of thisAgreement that t is notin compliance' with this then Contractor `shalli e i ' within v ) i r i j awaref such noncompliance. If Contractor does not provide the City wi written e icai t Contractor has remedied c noncompliance i in eightyone hundred ( afternotifying City of e noncompliance,t i Agreement all terminate, except that if the Agreement termination date ccc t before the end of suchr I 1 period, t i Agreement 'all terminate on suc contract termination . COMPLIANCEi Contract understandsi ic t American i i iii t �S iti t c , t r c r fir`' Workplace Acof 1989 to the servicesperformed under,this Agreement. As required , Contractor re warrants i compliance i A.R.S.. . all federal immigration laws and regulations relate its employees Contractor further warrants that after hiringemploye Contractor ill verify I eligibility of the employeethrough t e_ - Verifyr r . If c ansubcontractors" iperformancef services, subcontractors shall warrant their compliance wi all e er ! immigration l regulations relate its employeesn _ ( , and c tr ct rshall further warrant that after hiring an employe subcontractorsuch verifies employment eligibility of ta employee throu the riprogram. breach i r l ri I breach t " Agreement that is subject to penalties up to and includi termination of ie Agreement. Contractor is subjectIty of$100 per for the fiat violation, r day for the second violation, n 1per for the third violation. City at its option may terminate,t this r t third violation. Contractor shall not he deemedin material breach of th Agreement if Contractorand/or subcontractors establishcompliance wi t e employment ri i i r vi i n Sections 7'4A and 274B of the feder I Immigration an lit nd the E-Verify requirements ine in - . City retains 1 right inspect the papersContractor r subcontractor employee r e under this Agreement to ensure Contractor or subcontractor i i i r inspection 1 be c r reasonable is t reasonable times. If state law s amended, the Parties may modifythis paragraph consistentit state I COOPERATIVE26. i s entered into rl 'is cooperative purchasing reements with other Arizona i" s, including " is Alliance r 1 Expenditures "SAV " cooperative. i contract s other i i liti s I districts ties i f Arizona i approval ' r. y s entities s i r n i statutes, codes, ordinances,_ r and/or `procurement _rules_ regulations f respectivegovernment Orders1 t' r agenciesr ill t responsibility t n@ ty shall n ' responsible r ' n disputes arising made y others. partiesIN WITNESS WHEREOF the a s is a to be signed their duly authorized representative as of this H t 2 1THOMPSON DIVERSIFIED VALLEY EXPRESS an r TOWING, Arizona R Title: CITY: CITY OF APACHE JUNCTION, Arizona municipal r r ti 1t � i a� its Title: r Jennifer a City tClerk 1 3 APPROVED AS TO FORM: i Richard 1 . Attorney Y i{ 77 1 1 i I t 's r I i 4 1 t i S r r STATE OF Qra-oNo- COUNTY } Mari� } The foregoing ribed and sworn to beforei day of U k 3. 5as oviAp,-; , lan [State] [corporationilimited liability compan VC41 xp s T040 aftLn rj'L0W0, IIp)jte& t10111I compm My Commission Expires: 02 STATE OF ARIZONA ) SS. COUNTY OF PINAL The foregoing ribed and sworn before me this Of , Walter"Chip"Wilson, as Mayor of the 61—ty—of Apache Junction, riArizona municipal corporation. My Commission Expires: Notary Public 1 CITY OF APACHE JUNCTION AGREEMENT FOR TOWING AND VEHICLE STORAGE SERVICES THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizonai ipal corporation, and PHOENIX METRO TOWING, an Arizona ("Contractor"),who shall becollectively referred "Parties", r individually as a "Party". ContractorRECITALS r i request r I " „ responseand being> considered i 2024-003, in whichits willingness, ability ifi i provideis work and servic (hereinafter " B. City and Contractordesire i it respective responsibilities and the manner and ter iContractor the Work. C. City has compliedi i bidding requirements RevisedArizona iJunction City Code, Vol. , Chapter Administration,' ; - Procedures. THEREFORE, AGREEMENT retains r , and Contractor ri r with conditionsas follows: performedSCOPE: Contractor shall do and perform or cause to be done and in a good workmanlike manner, the r i accordance with the Contract Documents as fully described i ' the RFP No. PD 2024-003, which pricing_ underis set forth in Schedule 1 and Schedule 2 Exhibit A of thisAgreement." 2. CONTRACT TERM: The Term of this Agreementi be for ten (10) yearsi , 2024 through August 31, 2034. otherwise3. LABOR AND provided in the contract Contractorit _provide, insure requisite r_ i i' r, 1 , equipment, machinery, utilities, transportation, r facilities servnecessary ices r rexecution_ _i, n of the Work whether r r not incorporated r to be incorporated in the Work. Contractor4. TAXES: shall pay all license, sales, consumer, use and other similar taxes for the Work or portionsprovided` r r which legallyare ' ime bids are receivedi r otherwisesubsequently applicable due to acts of jurisdictions or bodies other than City. 5. PERMITS & FEES: Unless i in the Contract Contractor shall secure and pay for `all permits, government fees, licenses and inspections icompletion whichWork ily secured after executioncontract which' are legally required. i i`ces and comply with "all laws, ordinances, regulations and lawful order ic authority bearing Work.on the performance of the City permits, this Workiprovided to Contractor at no cost. Contractor represents rr license necessary to perform the r i i valid. businessContractor r ii ri ri i "doing in the i i t agreesi licensebusiness icle 8-2 of the Apache Junctioni l. , and keep such license r ing the term of this Agreement , r termination provisions i' i rpursuant warranty iSection Contractor also tax provision i i so, shall obtain a transactionprivilege license / licenses required" city' activity subcontractors within city limitswill invoke i regulations , and Contractor ensures its subcontractors willi icable licenses. Further, agreesContractor applicable privilege applicableactivities, products, services , i i Agreement. 6. iNDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor'sr' ices retain Contractor's independent Contractor. Contractor's employees shall under no circumstances be considered loyees or agents of City, and Cityl have no obligationwithhold r federal provide ' compensationinsurance for or on behalfr Contractor. Contractor shall supervise ir` ct the delivery of the materialsusing 'ill and attention. provided in thisAgreement, Contractor shall be solely responsible for all techniques, sequences and procedures, coordinating l i it Contractor _be responsible i omissions its employees. 7. INDEMNIFICATION: To the fullest i law, Contractor shall defend,iindemnify l i its elected' appointedi r , officials,limited employeesr i all liabilityincluding but not , _claims, i , fees, costs and expenses, including attorneyi , arising from r connected with or alleged arisenhave i , relating , arising i negligent,resulted only from the intentional reckless errors, mistakes, omissions, services , i " , tier Contractor'sin the performance i Agreement. Contractor's defend,duty to hold harmless indemnify City, its"special l appointed officers, i i l , ariseiconnectioni any tortious claim, , loss or expense that i attributable i , sickness, disease, injury to, it rdestruction i ! i l r fr , l Contractor's negligent, intentional,: lerrors, `mistakes, omissions, Work or servicesin the performancei including any empl Contractor, any" tier Contractor'sof r " r whose ` mistakes, omissions, r_ r services Contractor may be legally liable. 8. ENFORCED DELAYS i Contractor, as the case may , shall be considered r its obligations is Agreement in the event of enforced 1 "Enforced Delay") due to causes beyond its control and without its faultll failure l i i , including, , acts of God, fires, epidemics, pandemics, quarantine, r`restrictions, , labor disputes, rsubcontractors or materialmen due to such causes, acts of a public , terrorism or act of terror (including limited i - r° i - ri" , nuclear radiation, blockade,! it insurrection, i , r i" i rr iextortion,` sabotage, or , occurrence r exercise eminent „i of any governmental body on behalfpublic i , r a declaration moratorium it 'i r permanent or temporary) public entity directly ing the Project. In no event willr include delay resulting unavailability r l , or the unavailability particular l subcontractors, vendors or investors desiredContractor in ion with the Project. agrees that 'Contractor alonei r 'all riskswhich occurrenceDelay. In the event of the rDelay, time or timesr obligations l i ing delay shall be extended for a period r Delay; i' , , that the Party seekingi `i i i ! , within i (30) i_ r I , first i r Party of the specifici writingclaim - to an extensionr i t 1provided in no event shall a period Enforced Delayi ) calendar GOVERNING9. i shallAgreement interpreted i r withthe State of i i l or in equity either Party for the purpose" r i"' right r rights providedin this , `shall be tried in a court of competent jurisdiction<in Pinal , State of Arizona. waiveI provisions proceeding, r county. In the event eitherI isuit to enforcei Agreementr recover r and on account of the breach of any r r condition i i Agreement, i i mutuallyagreed_ prevailingthe i i shall r l including: I litigation collectionand appeal expenses, , reasonable r , determinednecessary witness fees and court costs to be action. Contractor,10. INSURANCE: expense, shall purchase and maintain i i insurance i irequirements set forth herein. All work orservice i r it i l i i l it r the termsAgreement_ - i satisfactorily formally it , at the sole discretion i constitutematerialbreach i` Agreement. ' r primary i r , and any insurance_ self-insurance maintained ity shall not contributeit. Any failure i im reporting provisionsr policies r i i' shall not _ afforded under the insurance policiesCity. The insurance policies, except Workers' Compensation, shall contain waiver transfer rights of recovery(subrogation)against City, iofficers,__ r i and employees r I i Contractor's , r _r ,_mistakes, omissions, services. The insurance policiesr ideductibles i r ilretentions. / I ®i rretentionsshall not be r i i policies. I i t i t and/or self-insured__ retention City, ioption, may it ,r r r such deductibles r l ®i r r` i. Suretyirrevocable unconditionaland letter of credit. City reserves the right request and to receive within ( working days, certifiedi herein required insurance policies and/or, ishall obligated, r, review advise Contractor of any deficiencies in such policies , and such receipt l relieve r r waiver or be City' right insist strictfulfillment obligations__ _ this Agreement.. The insurance policies, ` it i Agreement, i its agent, officers, r -i i additionalinsured i . ContractorREWIRED COVERAGE Commercial General Liability shall maintain r ial General Liabilityinsurance `with a limit not less than $1,000,000 for each occurrencei $2,000,000 rod ucts/Com pi eted Operations , a IAggregate Limit. i I i it i broad: r r r i , ' i. r ,iblanket contractualcoverage, including,= limited , the liability indemnification pr ii is Agreement whichwil be at least as l broadrance Service Office, Inc. Policy -93 or the equivalent thereof. In addition, automobilei ili rmillion" r r r i single limit l ,, , ' i required. auto liability icontain itnon-owned vehicles,autos and scheduled i Contractor's i maintain liability" r i limits accident, , maintain liability coverage i , minimum. Such policy ili interest provision Icontain a sunset provision commutation clause, r any provision whichwouldserve to limit itd party action over claims. The Commercial GeneralLiability i i insured 'least as broad as the Insurance Servicei ' 'Additional Insured, Form r i thereof, include operations, `operations. If required by thisAgreement, if Contractor subletswork, services or operations, Il purchase and maintain, all times during prosecution `i operations i , City Contractor'si i ili i i it injury including` i i in the prosecution Contractor's work,r servicei' rshall basisi limit` a ,000 r occurrence, `policy issued by the same insurance issues Contractor's ''General Liabilityinsurance. Workers' Compensation (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes havingi i i employeesin r' or iEmployer's Liability i , accident, disease r each employee, , disease policy limit. ContractorIn case any work is subcontracted, will require provideWorkers' Compensation and Employer's Liability extent as required . CERTIFICATE OF INSURANCE Prior i r services under thisAgreement, I furnishi i , l endorsements as required Agreement,, iContractor's i r , as evidence policies ing the required coverages, conditionslimits it i Agreement r in full force and effect. In the event any insurance policiesrequired i ' Agreement are written "claims made" basis, coverageshall r ( r completion acceptance of the Contractor's " r r services i` l CertificatesInsurance, it i Clerki . policyIf a i it i i r` r i t thirtybe sent to l r to the expiration Certificatesidentified with biserial r and title. Insurance required hereinI not expire, be canceled, materially' without it ' prior writtenCity. 11 ASSIGNMENT & DELEGATION: City and Contractor each i themselves, it successors,representatives ,assignsl r , assignsrepresentatives r i r' , ' i i- in the contract Neither to the contract shall assign the contract or sublet duties i withouti r 'l Contractor moniesr to become due to it without previous ri City. Written12. WRITTEN NOTICE: i served if deliveredin person to the individual' r member of the firmentity, or officeto an i r it was intendedi delivered registered r certifiedi , return receiptrequested, first-class prepaid' iness address known to them who gives the notice. 13. SAFETY: Contractor and/or its subcontractorsII be solely responsible forjob safety at alli . RIGHTS14. duties i i iby the r r i it ` shall be i additionlimitation of any duties, obligations, rights and remedies'' otherwiseit law. No actionfailure Contractor shall i waiver right undercontract, r shall actioniture to act constitute an approval ,of acquiescenceor an " ii l agreed to in writing.> TERMINATION : , l it to fulfill in a timely proper its/his/her„ obligations contract, r if Contractor shall violateagreements, r stipulations thereuponcontract, City shall right to terminater` giving written i i i specifying effective. thereof. NotwithstandingI liability i sustaineddamages irtue of any breach of the contract by Contractor. 16. APPEALS: I grievancesi i writing Sergeantthe Tow calendardifference opinion r grievance occurs relating i "iregulations herein. Within seven ( receiving ri grievance, the Tow Sergeant shall respond in writing withincalendar days appeal this decisionLieutenant, calendarshall have seven (7) company shall have seven (7) calendar days to appeal to the Tow Commander, calendarwho shall have seven (7) respond sevencompany shall have to li Chief, who shall have ( calendar, iwriting.'' Police i ' decision l be final and binding, subject only to a further appeal by the tow company in the PinalSuperior A.R. - Contractor's17. RECORDS: Records of i pertaining i l iaccounting" available i inspection Contractorl maintain t i O r termination examinationAgreement and i <; l i r` i ri audit City personnel during regular business hours. 18. AMENDMENT: It i' mutually understood and agreed that no alteration or variation r Ivalid made iwriting` signed partiesr I understandings agreements not incorporated hereinshall not be bindingi . 19. ENTIRE AGREEMENT: i r represent the it isupe , i prior` negotiations, , i r i mplied, written oral.or It is mutuallyr ivariation termsions of this Agreement shall be validin writing signedihereto.i Writteni l automatically documents,become part of the and shall` r inconsistent resolved,provis i i ; r r i i i be i possible, construingprovisions- mutuallyi r and supplementary. City and Contractor each believeexecution, delivery and performance laws. i r i complianceapplicable , iunlikely- provision r i declared i` unenforceable requiring i i violation i laws, <including constitutionalprovision, law, 'regulation, rcity ), such provision l r' r„ Agreementi Agreementl otherwise, remain i i force ; providedis Agreement shallretroactively t the possibleextent reasonably i r (and effectiveany related agreements ) provide essentially rightssame ` i r i> Partiesif such reformationseverance and required. Unlessi laws, the Partiesl li acts and execute, acknowledge and/or deliveri li to r., of i Agreement, as reformed. 21. TIME IS OF THE ESSENCE: Time is of the essence with respect provisions in thisdelay in performanceeither constituterial breach of this Agreement CONFLICT OF INTEREST: is subject to, and may be terminated City i ._ with, the provisions 23. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OFiParties through 35-393.03, as amended, which ri` l i i A.R.S. ontracting with Contractors who engage i boycotts of the State of Israel. Should Contractor under this Agreement engage iiagainstIsrael, i Agreement iterminated. i material breach Contractorcontract and will subject including limited consequential and liquidated 24. CERTIFICATION PURSUANT TO A.R.S. 4 35-394. In accordance with Arizona - i ' agrees Contractorrr l i i Agreement 1) the forced labor of ethnic Uyghurs in the People'si` China, 2) any servicesr i r iPeople's= RepublicChina,and/or suppliers,contractors =subcontractors forcedthe services r l > of ethnic r in the i Agreement I , Republic of China. If r becomes rduring the term of r i i li i i , then l i i_ within i ( i tbecoming,, awarenoncompliance. IContractorCity with written certification that r inoncompliance within terminate,one hundred eighty(180)days after notifying the City of such noncompliance,this Agreement shall i termination eightybefore the end of (1 ) day remedy period, _ i Agreement shall trs erminate ract terminati 25. COMPLIANCE WITH FEDERAL AND STATE r understands and applicability American LAWS:i i i"' Act, the Immigration ctor r l rDisabilities Free Workplace < under .this_ Agreement. As required immigration - r i i i all federal A.R.S. regulations relate its employees and - ( `)® Contractor further warrants that after hiring an employee, Contractor l verify eligibility lE- Verify Contractor If r in performance of subcontractorsit li` , l immigration laws and regulationsrelate to its employees - ( ), and subcontractors shallr iri employee, such subcontractor verifies I eligibility r the E-Verify program. A breach of thiswarranty I> materialbe deemed a breachipenalties> including- termination` i i r day forit violation, violation,_ 1 ,000 per day r the itviolation. i its option terminate i third violation. I i material breach of this Agreement if Contractor and/orrestablish compliance 'with the employment i'- verification provisions federal - Immigration Nationality ri it i` i° ( ). i legal right- inspect the papers of any Contractor subcontractor employee who works under thisAgreement' r Contractori i i inspection ill afterbe conducted reasonable, notice _ reasonabletimes. I_ state law i amended, the Partiesi r rconsistent entered26. COOPERATIVE USE OF CONTRACT: City has into various cooperative purchasing agreementsi Arizona , including i i r _ Expenditures_ "SAVE" cooperative. i i' li i , school districts and govragencies in the State of Arizona approval r ' . Any such usage by other entitiesi statutes,with the , i / r rules_, i government agency.iother agenciesill be the soleresponsibility . City responsibleshall not be i arising transactions others. IN WITNESS WHEREOF the be i partiesr i gned by their l authorizedrepresentative this day of , _. . PHOENIX METRO r, TOWING, Arizonaan Title: L � JUNCTION,CITY OF APACHE i municipal corporation: By: Walter"Chjp!�Wilson Title: r Jennifer City Clerk APPROVED AS TO FORM: n* &.8-24 Richard Stern Attorney. STATE O!FkaN� ) foregoing2�� ) The i i day of (IAAM� a a a /an [State] [corporation/limited l PublicNotary My Commission Expires: 1309 STATE OF ARIZONA 12. COUNTY OF PINAL ) The foregoing was subsi rthis day __ by Walter "Chip" Wilson, r of the City of Junction,Apache i imunicipal corporation. My i i , i NotaryPublic 12 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-602 Sponsor:Angelie Hawley Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 24-28 approving the submittal of application from City of Apache Junction to the Gila River Indian Community State Shared revenue Program for Proposition 202 Funds for Fiscal Year 2024-2025 in the amount of$30,000 for senior transportation. This item was presented at the August 5, 2024, City Council Work Session. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction Finance Department ATE: August 5, 2024 TO: The Honorable Mayor and City Council. THROUGH: Bryant Powell, City Manager FROM: Angelie Hawley, Finance Director SUBJECT: Proposition 202 State Shared Revenue Program Grant Application for Fiscal Year 2024-2025. REQUEST Consideration of approval of Resolution No. 24-28 approving the submittal of application from the City of Apache Junction to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2024-2025. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the state. Henceforth, tribal communities would be assessed by the state a percentage of their gross gaming revenue. Tribal communities had the option of either paying all of this assessment into a state managed fund or to pay 88% of the assessment into the state-managed fund and retain 12% of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12% of State shared revenue. GRIC's policy is to generally limit the distributions to cities, towns, and counties in Maricopa and Pinal Counties. Funding priorities include: 1)public safety (police, fire, EMS); 2) transportation; 3)health care services; 4) economic development; and 5) education. The law also stipulates that local nonprofits may submit applications to tribal communities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases, the municipality agrees to act as a conduit for the grant funds. The municipality receives the grant funds from the tribal community and in turn issues a check to the nonprofit agency. Memo to The Honorable Mayor and Council August 5, 2024—Page Two DISCUSSION The following application was recommended for funding by the GRIC community office for special funding. Upon receipt of a resolution, the project will be forwarded to the GRIC governing body for final approval. RECOMMENDATION Due to grant deadlines, GRIC is requesting that an approved Resolution be forwarded to them as soon as possible. Therefore, Staff respectfully recommends the city council approve Resolution No. 24-28. RESOLUTION NO. 24-28 A RESOLUTION OF THE MAYOR AND CITY COUNCIL Cr THE CITY Cr APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL Cr A GRAIqT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS TO COVER SENIOR TRANSPORTATION COSTS . WHEREAS, in 2002 , Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Native Tribes which included sharing of gaming revenues ; and WHEREAS, a portion of gamming revenue in an amount of 12% can be allocated by a tribal community and distributed to cities, towns or counties for government services that; 1) beilefit the general public; 2) mitigate the impacts of gaming; and 3) promote commerce and economic development ; and WHEREAS, the Gila River Indian Community ( "GRIC" ) has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this program; and WHEREAS, GRIC developed an expanded list of priority areas for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. WHEREAS, parks and recreation staff has identified a critical need for its senior transportation programs and; WHEREAS, senior transportation falls under the above- referenced GRIC list . NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CITY COUNCIL OF 'THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : Section 1 : Staff is authorized to submit application, on behalf of the City of Apache Junction parks and recreation department, to GRIC for Proposition 202 Funds, and the mayor is authorized to sign the application, contract and grant documents for receipt and RESOLUTION NO. 24-28 PAGE 1 OF 2 distribution of the Proposition 202 f unds for senior transportation in an amount not to exceed $30, 000 . 00 . Section 2 : The mayor is authorized to take any and. all actions necessary to implement and complete activities submitted in the application. Sect.ion-3 : The city manager or his or, her, designee is hereby authorized. to take whatever steps necessary to administer and further procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF AUGUST, 2024 . SIGNED AND ATTESTED TO THIS DAY OF AUGUST, 2024 . WALTER "CHIP" WIZ.SON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: .............. RICHARD J. STERN City Attorney RESOLUTION NO. 24-28 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 24-604 Sponsor: Dave Butler Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of award of contract to Dig Studio for Prospector Park Pickleball Court Expansion in an amount not to exceed $138,624.15 which includes a 5% contingency. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 Cit 0 acheJunction Y )f'4P Homeqf the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: July 17, 2024 SUBJECT: Award of Contract for Architectural Services for Prospector Park Pickleball Courts Pickleball courts have been among the most requested amenities throughout the entire state of Arizona, for the past 10-15 years. After a dog park, it is the most frequently mentioned need by city residents to our department. After converting one tennis court to four pickleball courts in 2014, we have seen the need increase exponentially year after year. During the cooler months of the year, staff see 30-40 people waiting their turn on the sidelines to play, every day. After reaching out to several firms, City staff have selected Dig Studio to design and help implement the expansion of our Prospector Park pickleball courts, per the original master plan of this area. They are respectfully regarded throughout Arizona in the parks and recreation field and have proposed a price staff feel to be very competitive and within budget. This project was approved in the FY25 budget to be funded by the development fund. This is money collected that can ONLY be utilized for projects within the parks system, identified in the state required, Infrastructure Improvement Plan, adopted every 5 years by city council. Local pickleball enthusiasts are also assisting with a corporate partnership effort. Staff is recommending an architectural contract be awarded to Dig Studio in an amount not to exceed: $138,624.15, which includes a 5% owner-controlled contingency for unforeseen circumstances. This item will be presented and discussed at your August 4th Work Session and brought back two weeks later for consideration and approval. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•PHONE(480)983-218'1+FAX(480)982-2438 9 TDD(480)983-0095 DESIGN AND PREPARATION OF CONSTRUCTION WITH DIGI INC THIS AGREEMENT is made as of the 3 day of September "Effective " between the CITYJUNCTION, an Arizona municipal corporation ("City"), and DIG STUDIO, a Coloradocorporation, ("Consultant") both of whichhereinafter referred to collectively "Parties" r individually "Party". RECITALS A. City desiresto retain -1 to designin a comprehensivemaster plan and prepareconstruction r additional pickleball.courts Prospector Park and to make payment for the same in accordance with termsiti t forth in thisAgreement, including aIattachments and whichaddenda rto by mutual agreement of the Parties. marketB. The open r res have been satisfiedto the extent they apply. C. The Parties _ v t forth belowI rvices Consultant will provide i , including payment terms r such servicesproducts. THEREFORE, AGREEMENT in considerationRecitals , the mutual covenants and conditionsbelow, and other good and valuable consideration, the receipt i iency of which arer I , Partiesthe ll 1. IES: Consultant agrees to perform the professional services detailed in Exhibit COMPENSATION:2. In accordance ith the terms ons of irill Itr ri l � , , services i an amount not to exceed One Hundredin Dollars r ( ) in accordance withthe price forth In Exhibitr changes authorized_ properly orders (contingency), i Il not exceed an additional % of the Contract Sum, in the amount of Sixi r Dollars i ( , . ) for a total of One Hundredi i t Thousand Six Twenty r Dollars Fifteent 1 , ). BILLING:3. CONSULTANT l ll bill City on a time basisexpense in a total amount nott ion 2 above. City shall pay such billings within i O calendar days of the date of receipt. December4. TERM/RENEWAL: The term of this Agreement starts on September 3, 2024 and ends on 31, 2025, unlessiterminated as set herein.forth Following the initial term, . Parties may not renew or extend this Agreement. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information r supporting servicesspecified Exhibit 1CONSULTANT'S STANDARD OF PERFORMANCE: While performing shallthe services, Consultant exercise the reasonable professional care practicing skillcustomarilyexercised r ' profession i Metropolitan Area, and shall use reasonablediligence and best judgment while exercisingits professional- ill and expertise. Consultantll be responsible l errors and omissions Consultanti in the performance_ this Agreement. shall ll i r it i r * i writing first certifiedil, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction DavidButler,_Parks Superintendent 300 East Superstition Apache Junction, Consultant:If to i Inc Jay Hicks, Principal Partner Central, Suite 800. Phoenix, AZ 85012 a its own expense, shall purchase maintaini. A.M.stipulatedi i i i licensed, possessingcurrent Rating of , _r approvedunlicensedi Arizonathe State of i policies forms- satisfactoryto City. All insurance required hereinshall be maintainedin full force and effect untilall work or service required r under the rms of the Agreement i satisfactorily l r " lly accepted; failure to do so may, at the sole discretion of City, constitute a material breach of thisAgreement. Consultant's insurance Iprimary insurance respects the City, and any insurance r self-insurance i ined by City shall not contributei . Any failure to coI ith the claim reporting ri insurance policiesr any breachinsurance liwarranty icoverage" affordedr the insurance iies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer ri r (subrogation) i i , its agents, officers, officials and employees for any claimsarising r acts, errors, mistakes, omissions, work r service. The insurance policiesprovide r i i i r self-insured. _ retentions. i t r self-insured retentions l be applicable i respect to the coverage providedi r such policies. Consultantll be solelyresponsible r the deductibler self retention City,and ioption, require secure deductibles r self-insured retentions r r an irrevocable unconditionall r of credit. City reserves right request and to receive, within ten (10) working , certified i r l of the hereinit insurance i i ' r City shall not be obligated, however, to review same _r to advise Consultant of any deficiencies in such policies , and such receipt l not relieve lfrom," or be deemed a waiver of, City'sright to insist ifulfillment Consultant's i i r this Agreement. The insurance li i _, except Workers' Compensationl Liability, ited by this Agreement, City, its agents, officers, officials loyees as Additional I r . RE Commercial General Liability Consultantll maintain CommercialGeneral Liability insurance withlimit not less than $1,000,000 r each 000 Products/CompletedAggregate rr , p General Aggregatei i . The policyshall include r r bodily injury, broad form blanket r r i , r l r i contractual coverage including, limited , the liability under the indemnification priions of this Agreement, i r ill be at least as broadInsurance Service Office, Inc. Policy Form 00011093, r the equivalentthereof. policySuch l contain severability of interest i_i , and shall containr ii r commutation clause, nor any provisionwhich servewould limit it i r claims. The Commercial r l Liability additionalr l be at least as broadInsurance r iOffice, Additional Insured, Form the equivalent thereof, and shall include coverage for , CG 20101185, or Consultant'soperations roperations. If required r , if Consultant part of the work, servicesr operations, I shall purchase maintain, all times duringprosecution of the wor , services or operations under this Agreement, an Owner and Consultant'sProtective i ili insurance icy for bodily injury propertyand , including iarise in the prosecution Consultant'swork, service r operations r i r rshall occurrencebe on an basiswith a limit I r occurrence, policyand the shall issued the same insurance issues Consultant'sCommercial r i it insurance. Automobile i ili Consultant I maintain Commercial/Businessit i i insurance with a combined _single limit r bodily injury and property than $1,000,000 each occurrence i respect to Consultant's , hired, and non-owned vehicles i r used in performanceConsultant's work. Coverage will be at least as broadcoverage , "any__ ", (insurance iPolicy r , or the equivalent thereof), If hazardous insurance shalli _ I r rl iloading materials r- to be transported, endorsementl i , r i limits r it injury property shall Workers' Compensation Consultant shall carry Workers' Compensation insurance r obligations imposed by federal employeesi havingConsultant's , r r r services; , Employer's Liability insurance of not less than $100,000 for each accident, diseaser each employee, and $500,000 diseasepolicy limit. By execution i r , Consultant certifiesfollows: "I am aware and understandisions of A.R.S. § 23-901 etseq. whichrequires l r to be insured i liability workers' i r to undertake self-insurance i accordanceith the provisions of thi r, and I will comply with such provisions befr ing the performance of the work this Agreement." If Consultant has no employeesr whom workers' compensation insurance i required, I i declaration it to City so stating covenantingi if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, l ill require r r provide r r , CompensationEmployer's i" ili insurance least the same extent as required l Professional Liability it Consultantretained i provide r r serviceit i Agreementitmaintain_ r i " l Liability insurancecovering , errors, mistakesi i arising r r services performed Consultant, or any personConsultant, with a limit less than $1,000,000 each claim. CertificatesInsurance Prior to commencingr r services under this Agreement, I ll furnish ity with Certificates of Insurance, formal endorsements as required by the Agreement, issued by Consultant'si " r `r , as evidencepolicies providing required r , conditions and limits it i Agreementare in I force and effect. The formcertificates insurance and endorsements_ shall be subject to the approval of the Apache Junctioni Attorney's , shall comply withr is Agreement, and shall issued and deliveredi r , City of Apache Junction, 300 East Superstition Boulevard, Junction, AZ 85119. In the event any insurance p" li i required is Agreement are written "claims- _ ,, basis, coverage shall extend for two (2) years past completion Consultant'sand acceptance of r _r services i I Certificatesr If a policyit ring the life of the Agreement, a renewal certificate must be sent to City thirtycalendar days prior to the expiration All Certificates of Insuranceshall be identified ith bid serial number and title. Policies r certificates and completedforms_ i ' Additional Insured Endorsementr substantially equivalent insurance r _acceptable to the i evidencing r required is section shall be filed withi I include City as an additionali rpolicy r policies shall be in the usual form of a publicliability rshall also include ll i .provision: "Solely r on behalf of the named insured r the Cityi , it is agreed__ City of Apache ' i i+' ii i � + i i', M i • * i €..r i "' i i #.. i # i "` i ♦ i + i y � i ■ i . a . i i i i # i • � # . i !; i � • i ♦A w i i ' ♦ i " ♦ !� ' i .', # � i i i i # i • - t •: d ♦ �� i i i i ',� � ` ► i !' it i =i � i .:,.i i i i :. M '....... # i- i =ii i ii i i ' i « '_'. i i + .. i - i i ;;i � i i i i i f .. i i ♦ i i i i i i !. i k !; i i, i _ i i ♦ M " .; .� • i i 'i ..,,i „ i i � ii ,. �. i ".. � i *,; i .�:... ii + Ili i .. i y -+. i • i i t i i i � i M .� '.: ii � i i � i . •; i •• # '; ! "" • i i ',' : i i ,' ,. :� i � ,. i • i s i iF i "` i � i........ i i.., i a+ s # # :i i i •'. i+ M i . i i • i i i i- i i ♦ i i i...,.„ . • i i i` „ '.... i "' i i ' i ! :;... i , � , i.:: ! y..... � � r i is r ., i �......... •..,.... i i ii " i +i � f i ! i i --i � . ..... i•: ♦ i...� y... i ^" i' � i i �" i i ! ' ii� i i *. . i ,, ,, '.. i i . i i.,. i a ., ,... # r ! i W # i • # ' ` #: k � ♦ ! # `.`i i i ...i #,...... # ! # ! i � is i' i # i # ' i i i • # i # ! # i i ! # # .. i is i i # i', ♦ i ♦'; i i # # ±ice i r � I{ « i + i � # i i � Ifs i . � i i+. i i � i # i # _ .. i # is il � ... i ': e ! '. # ♦u •, i i ... i ,. i � � R # � r a # . . ., t t t'' is _ # • t # � � � R • • a +r - r 'r ! 1 ♦ — • � • • • s , � ; r � s t • � � • � ! + * � +�; � t � r + : � �► • �� b � r► !,� �.� �r �, • s � ss r� • s • r � � r, ♦ �; ♦ r s' • •;mot ' t ; � .. � = r - - a • � � • � . �, • #, a s # .e # # � i !+ * '� f � � f ' # ". irk � # # # # #' 1 # #t # � # A f # # rl# � # i � # # i # # # t" # #± # # # '* ♦ # f # # # a # # # w ii # ## � # # # ` # # #r #', # # # # # # # . � + # • � # � .. - #; '# � ! i » .. # Ilk # # a '� .�, ! �, IN Agreement as of the datefirst set forth above. Dig Studio, I a rado corporation Its: ri i al Partner CITY: JUNCTION,CITY OF APACHE , an Arizona municipal corporation Walter" " Wilson Jennifer , City Clerk APPROVED AS TO FORM: R. Joel Stara, City Attorney STATE OF COUNTY OF ft)"Ss The foregoing was sub cri d d swor to beforei day of 201,4 by as of Dig Studio,_ , r _ r No Publi My Commission Expires: 1QfN jC*IINWaElyTx wr HeCIAsO M PE-"AsNt CoRO a` 7 MZ 1 7 foregoingSTATE OF ARIZONA COUNTY OF PINAL The r this Arizona,day of --, 20_ by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, rizona municipal corporation. Notary Public My Commission Expires: EXHIBIT A SCOPE OF WORK PROJECTESQ t TI The City of Apache Junction would like to provide Prospector with Park Pickle Ball amenities. Our proposal covers the development of a master plan to illustrate possible improvements to the overall 20 Acre parcel,and the design f a pickle ball complex,,a preliminary cost estimate,construction documents and construction administration for the general area of work illustrated below: m It r k, r h <r I 4� x a #s m N Proposed Prospector Pork Pickle Boll--3015 N Idaho Rood SCOPE OF WORK PROJECT DESCRIPTION [dig Studio, Inc.. (Dig) is pleased to provide the following scope of work for Prospector Park. Pickle Ball Complex. Improvements to the park may include: • Master Plan o —13 Acre Area • Sport Court(past tension)with lighting(24 courts • General Landscape and Irrigation Design • General Park Amenities, Ramadas,seating The project will include park concepts and an illustrative site plan for use in public outreach.A 3 3%design will b prepared for City review and approval, Following th i y's comments, Dig will advance the documents to 60 for City review. Drawings will then be advance the drawings to 9 and 100%for submittal for permit submittal and bidding, Dig Studio,Inc, Prospector Park Pickle Ball Complex May 24;2024 Dig will coordinate our work with the following team members that will be directly contracted with Dig; Wood Patel—Civil, survey,grading and drainage plans WrightEngineering®services for general electrical upgrades and additions. ee i -geotechnicl SCOPE OF SERVICES All work outlined below will be completed in accordance with a project schedule prepared by Dig Studio and City of Apache Junction. TASK a . Master Site Plan/Schematic Design( ) 1.01 Master Site Plan m Dig will prepare illustrative park programming and therning options for the park parcel. The improvements and additions will be presented as illustrative graphics, The illustrative graphics will include plan graphics with photo boards displaying design character, proposed materials, colors, and plant palette, A technical narrative will document the features of the design. 1.02 Site Survey—Digs subconsultant will prepare a site survey for the 1.5Ac parcel. 1 Schematic Design-Based on the design consensus on the Master Plan by the public and City, Dig will prepare a refined design or the+ _1;5 Ac Pickle Ball Complex that will identify the parameters for the project.the design will focus on the development of the site components as well as connection to existing park elements and infrastructure; 1.04 Preliminarystl tl s of Probable Construction s #Dig will prepare are initial estimate of probable cost of construction for the site improvements, The cost estimate will be itemized and quantified with unit prices based on recent and available unit pricing received on previous contracts. 1.05 Schematic Design Coordination Meetings— Dig will attend project coordination meetings with the City to review the design progress and overall status of the project, We are anticipating that these meeting will include design presentations and reviews, coordinating with either project disciplines, and discuss project issues and schedule. SUBMITTALS It is anticipated that the 30%Construction Document package will be submitted to City of Apache Junction for the review. All ha dcopy submittals will be printed on bond paper. Project submittals are as follows: Task 1.0—The in and Schematic Design ® (2 "x 3 "prints and PDFs) Master Plan Graphic(Rendered Plans) - Title Sheet Index ® Preliminary Hards ape Plan and Details - Preliminary Grading Plans - Preliminary Landscape Plan, Plant Materials List and Details Dig Studio,Inc Prospector Park Pickle Ball Complex May 24,2024 Preliminary Architectural Plans and Elevations - Technical Design Narrative Probable Coast Estimate TASK 2.0: DESIGN % 2.01 Design Development- Based on schematic design,Dig will advance the design parameters for the project. The design will focus on the development of the site components including:ramadas, restroom,sports court with lighting,shade and seating,additional rama as and general park features, 2.02 Estimations of Probable Construction Cost s Dig will prepare an initial estimate of probable cost of construction for the site improvements. The cost estimate will be itemized and quantified with unit pries based on recent and available unit pricing received on previous contracts. 2.03 Design e f t Coordination Meetings—Dig will attend project coordination meetings with the City to review the design progress and overall status of the project, We are anticipating that those meeting will include design review,coordinating with other project disciplines,and discuss project issues and schedule, S CONSTRUCTION DOCUMENT After City has approved the resign Development directions, [dig and Team will refine the park features,structures, hardscape, landscape and irrigation documents. All plans and details will be prepared in AutoCAD format. The drawing format will be 2 " by 36"sized sheets, Final construction specifications will reference any City of Apache Junction Standard Specifications and/or supplemented or modified as required. Dig anticipates that there will be 2 two submittals during the Construction Document phase of the project, The first 90%submittal will prepare the documents for City review and permitting. The second 00 submittal will prepare the documents for bidding and finial construction. The construction document phase will be considered complete when we receive approved plans from the City of Apache Junction.- 3.01 r sc Plans—Dig, in coordination with their design team, will prepare construction documents based on the approved layout of the design and any adjustments to the probable cast. The hardscape plan will utilize horizontal and vertical control coordinate points for staking the location of paving, planting,sport court,etc. The materials and finishes of the hardscape will be identified and detailed on the plan. Dig will provide installation details for all hardscape components. Ail structural components will be coordinated with the project structural engineer and the hardscape plains will reference the details shown on the structural plans if needed. It is anticipated that structural design will be required for the post-tension sport court and possible modifications to the existing rarnada. 3.02 Landscape s-Dig will prepare the landscape construction documents that respond to the hardscape/site plan and any adjustments to the probable cost. The landscape plan will identify the final locations of insert oundcover for dust control and the location of new plant and relocated material. The plan will also include a complete plant key, materials schedule; and quantities: Dig will provide installation details for all landscape components, 3.03 Irrigation Pl ns Dig's will prepare an overall irrigation plan as well as in the areas impacted by the new sport court improvements. Dig studio,inc. Prospector Park Pickle Bali Complex May 24,2024 3.04 Grading,Drainage and UtilityPlans— Digs subconsultant will prepare the grading and drainage, and utility plans that work within the parameters of Pickle Ball Complex and the overall 20 Ac Parcel: 3.05 Architectural l s Digs' subconsultant will prepare architectural designs for the re troorn building. The drawings will support the new building improvements, 3.06 Electrical f l — Digs' subconsultant will prepare electrical designs for the Pickle ball courts, parking, and open space improvements. The drawings will seaport the new park improvements. 3.07 Preliminary and Final stl dos of Probable Construction Cost- Dig will prepare d preliminary and final l estimate of probable cost for construction of h rdscape landscape,and irrigation components as described. The estimate will be itemized and quantified with unit pries to support a schedule of values to be utilized during bidding. A schedule of values will be prepared for the City's use in preparation of the Enid advertisement. 3.08 Construction c ent Coordination Meetings - Dig will participate in weekly project conference ells and/or coordinations meetings with the City to review the status of the project, coordinate with other project disciplines,and discuss project issues and schedule. SUBMITTALS It is anticipated that the 90%Construction Document package will be submitted to City of Apache Junction or the required project review/permitting process. All hardcopy submittals will be printed on bond paper. Project submittals are as follows: Design Development 24"x 36" - Design Development Documents(advanced plans describe in - Probably Cost Estimate Update % Permit Construction Documents 24"x 3 " - Complete Contract Documents Set Updated Cost Estimate v Permit/Bid Ready Construction Documents 24"x 3 `$seated/signed prints and PDFsj - Complete Contract Documents Set - Finial Cost Estimate and Schedule of Value Dig Studio,Inc. Prospector Park Pickle Ball Complex May 24,2024 1 FEE PROPOSAL The scope of work has been separated into work tasks, DIG STU PrS €Park PICAttlicall EXHISn'Si D1 COO SUMMARY 9 Date; &24=4 TASK DESCRIPTION DESIGN PEES Comments Dig Studio Design s 1.D T is t S 11,970 Task 3.0,Construction Docd nt 1 S 3. 9g.C44 Sub-Total t I Studio P ra ' S t Court fir# I�tEr�irrorss�rr S fit. Stab-Totals Sub-Consultant fee&Ere enses 75. DGt Fund saun as! , tat3 k' I EsensesE Et&k t SU gt, Wit-TOTAL r 023.00 D It Studio,Inc. Prospector Park Pickle Sall Complex May 24,2024 DIG STUDIO FEE BREAKDOWN die, 0e Park picklabat MINT F11.a° ofoufs'nwe"tes Dig 0.14 1 Landscape Laridscapa PROJECT etzait r0 ill in ti 0"19irwl ROLEWoods exx L staff staff 3C9,t S ice: t SM 125,00 E 115. 110,00 <1iOURLY TOTAL TAW DESCRIPGON i3 PE . . tschomtfc i t Estimate 9 9 a x 1 6 3 L J T i� s2uti 1 i Fria q 2 33 Grad P418 0wrical Pi Pk i i €#3 9 f3 Ptobable Cone a ti (mord1na_ i az s e ear9s 1 EtD ei 2 3 34 akiation 1 2 4 T tsaar rCoordkiatiOn 1 it 1 i s to a sit � DIG STUDIO L RATES ttctr tart Parts i P3 230.00 Pri� 10.00 Prst� ep {Pt 18" t3 i nee J6j 16000 C3 si nor l 145,f70 Oest ner t 135,00 Cti rsr itI 125.00 £fit radr 9I i 15,t3tD Do I 110'5,00 Administration 1 t90 Attachments: Wood Patel (Survey,Civil Design)Fee Proposal Wright Engineering(Electrical Engineering) Fee Proposal p di (Geo ch) Fee Proposal END SCOPE OF WORK Dig Studio,inc. Prospector Park Pickle Brill Complex May 24,2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-614 Sponsor:Ted Wolff Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of procurement of city fleet vehicles and equipment for FY25 making the purchase through Arizona State Cooperative Contract#CTR069472 with Freightliner, Arizona State Cooperative Contract#CTR059323 with San Tan Ford, and City of Phoenix Cooperative Contract CON159257-0 for lighting and equipment for a total not to exceed $2,226,502. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 Public Works Department 6!y ff� .. Home of the Superstition Mountains 7 t MEMORANDUM DATE: July 23, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager FROM: Ted Wolff, Public Works Director SUBJECT: Proposed Purchase of HURF Fund Equipment and Vehicle for Public Works The public works department budgeted $599,600 for one replacement forklift, two replacement brooms, two replacement vehicles, two additional vehicles and one new flail mower attachment. Equipment and vehicle purchases include lighting and equipment using highway user revenue funds (HURF) in the city's Fiscal Year 2024/2025 budget approved by city council in June. 1-2024 Ford F-150 XLT Super Crew 4X4 to replace unit 30-260, a 2009 Ford Escape with 81,053 miles in fair/poor condition. 1- 2024 Ford XL F-350 with dump bed — new addition. 1- 2024 Ford- 150 XL Super Crew 4X4 — new addition. 1- 2024 Ford XL F-350 with dump bed to replace 30-238, a 2006 Isuzu with 95,684 miles in fair/poor condition. 2- 2024 Superior broom to replace 30-217 and 30-253, Broce brooms in fair/poor condition. 1- 2024 Hyster forklift to replace a 1986 Hyster Forklift with 6,614 hours in poor condition. 1 —2024offset flail mower— new The vehicles would be through the State of Arizona Cooperative contract#CTR059323 with San Tan Ford. The lighting and equipment would be through the City of Phoenix Cooperative contract #159257-0. 575 E. Baseline Avenue, Apache Junction,AZ 85119 Voice (480) 982-1055 • FAX (480) 983-5752 Public Works Department 6!y ff� Home of the Superstition Mountains 7 t MEMORANDUM DATE: July 23, 2024 TO: Mayor and Members of City Council THROUGH: Bryant Powell, City Manager FROM: Ted Wolff, Public Works Director SUBJECT: Proposed Purchase of General Funds The public works department budgeted $1,626,902 for one additional community outreach vehicle, one homeless outreach additional vehicle, three additional vehicles in the patrol division, one replacement in the traffic division, one replacement vehicle in the patrol division, one additional cargo van for animal control, two additional vehicles for Development Services, one additional vehicle for Information Technology, three additional vehicles for Parks and Recreation, four replacement vehicles for Parks and Recreation, one additional tractor for Parks and Recreation, one additional vehicle for Facilities, and one replacement vehicle for Facilities. The purchase of these vehicles includes lighting and all equipment using general funds in the city's Fiscal Year 2024/2025 budget approved by the city council in June. Police Department Community Outreach 1- 2024 Ford Explorer— new addition. Police Department Homeless Outreach 1- 2024 Ford F-150 Super Crew Cab—new addition. Police Department Traffic 1- 2024 Ford Expedition to replace unit 20-524, a 2017 Ford Expedition with 97,981 miles in poor condition Police Department Animal Control 1 —2024 Transit Cargo van — new addition Police Department Patrol 2- 2024 Ford Explorer— new additions 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 Public Works Department 6!y ff� .. Home of the Superstition Mountains 7 t 1- 2024 2024 Ford Explorer to replace 20-337, a 2015 Ford Explorer with 103,153 miles in poor condition 1- 2024 Ford Explorer to replace 20-372, a 2015 Ford Explorer with 116,829 miles in poor condition Parks and Recreation Department 1- 2024 Ford F-350 with dump bed to replace unit 50-149, a 2000 Isuzu with 75,163 miles in poor condition. 1- 2024 Ford F-350 with dump bed to replace unit 50-186, a 2006 Isuzu with 78,149 miles in poor condition. 1- 2024 Ford F-250 Regular Cab to replace unit 50-185, a 2006 Ford F-250 4X4 with 87,579 miles in fair condition, 1- 2024 Freightliner M2-60 to replace 50-159, a 2002 Freightliner with 36,866 miles in poor condition. 2- 2024 Ford F-150 Super Crew 4X4 — new addition 1- 2024 John Deere 5075E tractor— new addition. 1- 2024 Ford Explorer— new addition Development Services 2- 2024 Ford Explorer— new additions Information Technology 1- 2024 2024 Ford Explorer— new addition Public Works Facilities 1- 2024 Ford F-250 to replace 31-245, a Ford F-250 with 121,711 in poor condition 1- 2024 Ford F-150 Super Crew— new addition The purchase of these vehicles would be through the State of Arizona Cooperative Contract# CTRO59323 with San Tan Ford and CTR069472 with Freightliner. The lighting and equipment would be through the City of Phoenix Cooperative contract# CON159257-0. 575 E. Baseline Avenue, Apache Junction,AZ 85119 Voice (480) 982-1055 • FAX (480) 983-5752 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-628 Sponsor:Ted Wolff Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval, retroactively, of an agreement for bulk fuel between the City of Apache Junction and Senergy Petroleum, LLC, for the term of August 2, 2024, through June 30, 2025, in an amount not to exceed $840,000, utilizing the State Cooperative Contract No. CTR063147. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction 41- Home of the Superstition Mountains DATE: AUGUST 19, 2024 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: TED WOLFF, PUBLIC WORKS DIRECTOR SUBJECT: BULK FUEL AGREEMENTWITH SENERGY PETROLEUM, LLC Summary Before the council is an agreement between the City of Apache Junction and Senergy Petroleum, LLC, to provide bulk fuel for an initial term of August 2, 2024, through June 30, 2025, in an amount not to exceed $840,000.00, utilizing the State Cooperative Contract No. CTR063147. Background/Discussion Beginning October 1, 2017, the city entered into a bulk fuel agreement with Southern Counties Oil Company. Via amendments to the original contract, that service relationship continued through December 31, 2023, at which time, lacking a formal contract, the delivery service moved to an informal month-to-month basis. Staff determined that they would enter into a formal agreement with Senergy Petroleum, LLC, utilizing State Cooperative Contract No. CTR063147, and to maintain fuel supplies while the establishing the new contract, began their relationship with Senergy effective August 2, 2024, and received their first fuel delivery the week of August 6,2024. The term of the agreement will be retroactive from August 2, 2024, through the end of Fiscal Year 2025. The contract may be renewed by the parties for one year and the city can extend any of the one-year periods by 31 days should they so desire. Recommendation Staff respectfully recommends the council approve the agreement, retroactive to August 2, 2024, authorizing the city to contract with Senergy Petroleum, LLC for bulk fuel delivery. PETROLEUM,AGREEMENT FOR BULK FUEL BETWEEN THE CITY OF APACHE JUNCTION AND SENERGY THIS AGREEMENT LLC and APACHE JUNCTION ("City"), Arizona municipal corporation, "BulkPETROLEUM, LLC, an Idaho Corporation ("Contractor"),who shall be collectively referred to as the "Parties", or individually as a "Party", for the project entitled RECITALS A. The City entered idiesel) with Southern Counties Oil Company ("SC Fuels") on October 1, 2017 at a cost of $500,000,for one year with the optionI . B. City and SC Fuels entered into a First , 2022 through September , 2022 and a Second Amendment on December , ,through December 2022 , 2023. C. City and SC Fuels failed since been receiving the fuel based on an informal month to month contract, however the arrangement ended on August , , utilizing when City purchased fuel from Senergy ive Contract No. CTR063147(on file with the City's Finance Exhibit A (appi a . PartiesD. The idesire hereinabove-referenced cooperative contract with a written agreement and the terms are set forth include an end date of June 30, 2025. AGREEMENT NOW, THEREFORE, i n accordance i I , conditions and Contractor agrees to render the Work -th the terms and as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike the Work in accordance with the Contract as fully i in the cooperative contract. All _deliverieswithin city' receipti . diesel2. PRICE: Prices for unleaded and contract,under the cooperative but in no case shall the monthly amount for both unleaded and i , _ diesel . . within amount of this Agreement shall Eight Hundred Dollars and No Cents , 4. QUANTITY: All " r „ quantities stated in the Agreementsubject to adjustment as dictated by the City requirements. Guaranteed variancequantities at rrequired during the term . 5. CONTRACT ® The Term of this Agreement shall be retroactive from one-year r i r i i writing Parties. i also i it periodsthirty-one provision sustainedlimit r ! damages ' i resultr r warranty by the - otherwise6. 'LABOR AND MATERIALS: Unless i documents, Contractor shallr i , pay and insure under the requisite regulations for l i , utilities, transportation, r facilities servicesi temporaryand completion of the Work whether r permanent,and whether or not incorporated incorporated in the Work. 7. TAXES: Contractor shall pay l license, sales, consumer,;use and other similar i i legallysubsequently applicable i i i r or not yet effective or . jurisdictions bodies otherwiser i i r , Contractor I , r. licenses i rr i- ii i r customarilyi" legally required. Contractor shall givei ! laws, ordinances, rules, publicregulations and lawful orders of any rbearing performance of the i i ii i» Work. provided representsContractor at no cost. Contractor license necessary to perform the Work under i ; Agreementivalid. Contractor understands that the activity herein constitutes "doing business businessin the license of _2 of the Apache Junction iache Junction" and Contractor obtain Code,ty licenseand keep such r, this Agreement and after termination of i i warranty' provisions in Section 6. Contractor also acknowledges tax , ,' also i so, shall obtain a transaction privilegeilicenses as may be requiredi activity i icorporate city limits will , and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege servicesapplicable to the activities, products and i during9. INDEPENDENT CONTRACTOR: Contractor shall at all times 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 , or provide„ workers' materialscompensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the skillattention. Except , in this Agreement, Contractor shall be responsiblesolely , methods, techniques, procedures, i the contract ® ll Contractor shall be responsible to City for the acts and omissions its employees. 10. ® To the fullest extent permitted a Contractor shall defend, indemnify aits elected and appointed officers, officials,limited agents, i ii i demands,but not claims,'actions, fees, costs and expenses, including attorney and expert witness fees, ii i have arisen from or connected it , relating , arising negligent,resulted only from the intentional or reckless acts, errors, mistakes, omissions,Contractor'sWork or services of iContractor, i , , tier n the performance of iContractor's duty to defend, hold harmless and indemnify City, i 1 a elected and appointed , officials, agents, and employees shall arise in connection with any tortious , a to bodily Injury, p disease, death, or injury a , or destruction; i i g loss of use resulting-: , only , by a Contractor's negligent, intentional, _' errors, mistakes, omissions, Work or services inincluding any i liable.acts, errors, mistakes, omissions, work or services Contractor may be legally considered11. ENFORCED DELAY'S (FORCE MAJEURFI: Neither City nor Contractor, as the case may be, shall be obligations ,is Agreement in the event of enforced delay (an tbEnforced " laws,causes beyond its control and without its fault or negligence or failure to comply with applicable including, a , fires, floods, epidemics, <-pandemics, _quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to publicsuch causes, acts of a ,war, terrorismr act of terror not limited i i , ; r radiation, blockade, insurrection, riot, labor strikeInterruption, extortion, sabotage, or similar exerciseoccurrence or any domain body on behalf of any i, , or a I _ ri similar Project.hiatus (whether permanent or temporary) by the ii i i i include any delayi from unavailability , iii reason of , r , ri investors desired Contractor in connection withr alone will bear all risksdelay timesoccurrence of any such Enforced Delay, the time or obligations of the Parti Enforced i Delay; i` . , i i within i knows orit r Party of specificthe In writing Delay; provided i claimi iperiod periodthe Enforced DelayEnforced i r conditions12. GOVERNING LAW AND VENUE: The terms and i AgreementI i i' i the State of Arizona. Any action at law requity i purpose of i ri ri i this Agreement,shall be tried in a court of competent jurisdictioniArizona. The Parties herebyive all provisionsproviding r a change of venuein such proceedingr county. In the event eitherN bring suit enforce any term of this Agreement conditionof the breach of any term or ' in this Agreement, it is mutually agreed that the prevailing I including: litigation witnessand appeal expenses, collection expenses, reasonable attorneys' fees, necessary r i in such Contractor,13. INSURANCE: at its own expense,shall purchase and maintain the minimum i I requirements set forth herein. insuranceAll it imaintained r i required satisfactorilyi Agreement , t the sole discretionity constitute a material breach of this , insurance ri i i i -i- r nce maintained; i _ i Any failure to comply with, i reporting provisionsinsurance policies insuranceor any breach of an ranty shall not affect coverage afforded under the policies City. The insurance except Workers' shall contain waiver of transfer ® against City, i agents,officers, arisingls and claims , , mistakes, omissions, services.> insuranceThe insured Such deductible and/or self-insured retentions shall not be with respect to the coverage providedipolicies. retentionContractor shall be , at i , i i self-insured may require Contractor to secure payment of such ® self-insuredi irrevocable and unconditional credit. receiveCity reserves the right to request and to within9 certifiedies of any or all of the herein requiredinsurance policies obligated,endorsements. City shall not be however, to review deficienciesContractor of any In i , and such relievereceipt shall not from, or be deemed a waiver of City's right insistIct fulfillment of Contractor's obligations The i 9 Compensation, required Agreement, shall name City, its agent, officers, ,-officials additional insured parties. Commercial Liability Contractor shall maintain Commercial General Liability a limit of not less than ID 9 000 for each occurrence i th a 9 9 Operations000 r Limit. i include coverage for bodilyinjury, broad form property injury,damage, personal contractual i , i i ,i i i,_ provisionsi which will be at least as Servicebroad as Insurance , Inc. i equivalent thereof. In i i of at least$1 million combinedper occurrence or a cy Form CG 00011-93 or the single limit , vehicles,auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled iContractor's i • policySuch in a severability of interest provision, and shall not contain a sunset provision i , nor any provisionwhich- _ to limit i r CommercialThe i iity additional insured endorsement shall Serviceleast as broad as the Insurance ice Inc.'s Additional , rCG 20101185, or the i thereof, I I rContractor's operations and products and completed operations. If it i i r i or operations, work, r i , at all times during prosecution of the , servicesi Contractor'si Liability insurance policybodily and erty , i , `i i . Contractor's service operations i occurrence basis with a limit policy shallissued by the same insurance company that issues Contractor's General Liability insurance.- Workers' Compensation (Not Applicable to SaleProprietorships) Contractor shall carry Workers' Compensation insurance obligations ihavingjurisdiction Contractor's i i ' Liability i i insurance r each accident disease diseasefor each employee, and *500,000 i i In i it provide rkers' Compensation and Employer's Liability extent as required of Contractor. i Prior to commencing servicesiAgreement, furnishity with Certificates policiesrequired by Agreement i i ii conditionslimits i Agreement are in full force "claimsIn the event i i it i i made"basis, coverage shall extend for r past i i i evidenced` ® Ion and Insurance, to be filed with the CityCity. If a policy does be sent to i expirei i , a renewal_ , i thirtylprior expirationi requiredInsurance i expire, be canceled, or_ materially without . ® SUCCESSORS ASSIGNMENT & DELEGATION: City bind themselves,their assignsi partners,the other party hereto and to the successors, assigns obligationsrepresentatives of such other party in respect to all covenants, agreements and shall assign the contract or sublet it as a whole or delegate the duties hereunder other,without the written consent of the 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. 15. WRITTEN NOTICE: Written notice shall be deemed to have been duly served i individual entity, corporationto an office of the intended i delivered registered , and first class postage REMEDIES:prepaid to the last business address known to them who gives the notice. 16. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. The duties and obligations remediesdocuments and the rights andavailable hereunder shall be in addition to and not a limitation iobligations, actionimposed or available bylaw. No i constitute , actionnor shall any acquiescence to any breaches hereunder except as may be specifically iwriting. 18. TERMINATION OF : i CONTRACT: l to fulfill in a timely and proper manner s his/her obligations covenants,Contractor shall violate any of the agreements, or stipulations rightcontract, City shall thereupon have the least twenty-four (24) hours i i i itermination the effective date thereof. If the contract is City as provided ® ' Contractor will be paid the ® Notwithstanding , i i relievedi a City sustainedfor damages ivirtue' occurs r provisions terms this Agreement. Within five i i i i i r shall i -City Manager's decision_ i i , subject only to a further appeal in the Pinal County Superior A.R.S. , Contractor's20. , payroll i i, i ® shallreement recognized accounting ists pert and made it i i l maintain iod of at least three (3) years after termination of this Agreement, and shall make such records examination i duringretention for ` duringregular r . agreedalteration®vari ation of the terms and conditions ivalid' in writingi l understandings agreementsr rated herein shall not be binding entire22. ENTIRE AGREEMENT: i r r i l `ri negotiations, representations r eitherimplied, written_ r oral. It is mutually understood and agreed that no alterationr variation of the termsi i l i i writing signedparties, Written signedl automatically supportingbecome part of the ; l inconsistent provision therein; provided,` , that any apparent inconsistency resolved, If i , by construingi and supplementary. ® i i i i and performance of® this Agreement are in compliancel applicable However, in Ikely event that any provision of thi rdeclared i is construedrequiring i in violation of , including i provision, regulation, , such provisioni ii lAgreement i otherwise remain `i i Agreement_ l retroactively reasonably possibleirelated essentiallyagreements effective as of the same date) provide rights benefitsi' ise) to the Parties as if such severance and reformation ired. Unless prohibited by applicablelaws, further shall perform all acts and execute, acknowledge , i i i i , give effect to the purposes of this Agreement, as reformed. 24. TIME IS OF THE ESSENCE: Time is of the essence withl provisions i this Agreement. Any delay in performance by either constitute 25. CONFLICT O : i terminated iwith, the provisions 26. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT . a � ,® which forbids public entities i Israel,under this Agreement engage in any such boycott against the State of this Agreement is automatically terminated. Any such boycott Is a material breach of contract and will subject Contractor to monetary damages, including limited to, consequential and liquidated damages. 27. 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 Contractor further warrants that after hiring an ® g , employee, verifyContractor will i ii E- Verify program. If Contractor uses any subcontractors in performance of theirservices, subcontractors shall warrant i immigration laws and regulations that relate to iA.R.S. hiring , such subcontractor verifies the employment eligibility terminationthe 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 this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, violation, $1,000 per day for the third violation. i iterminate iii ® Contractor shall not be deemed in material breach of i Agreement if Contractor and/or subcontractors establish compliance , i federal Immigration Nationality requirements contained_ i § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee under i_ s Agreement to ensure that Contractor or subcontractor i complyingwith the warranty. Any inspection will noticebe conducted after reasonable i amended, the Parties may modify this paragraph consistent with state law. ® CONTRACT:COOPERATIVE USE OF - i into various cooperative purchasing,__ with other Arizonai p including lli I i ` r " cooperative. imunicipalities, school districts t agencies in the State of Arizonai approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or rules l rOrders, _ other agencies and payment thereof .,.ill Iresponsibility, . City shall not be responsible r any disputesarising i others. signedIN WITNESS WHEREOF the be i s i it authorizediv i an Idaho Corporation i ® CITY: CITY OF APACHE JUNCTION, Arizona municipal r i "Walter" iWilso Title: Mavor Jennifer Pena City Clerk 1 , 4APPROVED AS TO FORM: Richard Jo Stern STATE OF W1 COUNTY OF llqe� ) The foregoing ibed and sworn to before i day of 201_4 A I as Of Senerg'y Plitro eum, an Idaho corporation. t r` Pu i My Commission it 19C OLLEEN Notary County 028 Commission My March COUNTY OF STATE OF ARIZONA foregoingThe rithis day Walter" i it r i Apache Junction, Arizona, imunicipal- corporation. Notary Public My Commission it 1 EXHIBIT A 13 SENERGY Estimate PETROLEUM Date8/2/2024 Estimate# 93391 energy Petroleum Expener ,co it ( 2 24 Projectwww.gos Subsidiary energy Petroleum, LL Bill To Ship City of Apache Junction State Contr.. City of Apache Junction StateContr... 75 E Baseline Ave 575 E Baseline Ave Apache Junction AZ 85119 Apache Junction AZ 85119 United States United States 3 J t 5,000 CLEARAL EXCISE TAX-DIESEL ..2.499 2,499E „12 495.Q0 z L 0.244 ` 0,244 1,220,00 5,000 ARIZONA STATE TAX-DIESEL 026 0.26 £ 1,300.00 5,000 ARIZONA UST FEE 0.01 0.01 , WOO , 5,000 I FEDERAL FER FEE U0214 0..00214 , 10,70 ; ,000 i FEDERAL SUPERFUND FEE0.00405 0M405 20,25 t Saab Total 15,095M , CTR# t 03147 z t { ; ; t t i t r t f , i x i i t o { i r t i L ¢ t z t f { $ E z z s a k � 4 ; 5 Total $15,095,95 SENERGY Estimate PETROLEUM t 5/212024 Estimate 93335 Sendrgy Petroleum rtl it 3/2/202 osdnargy,co Project Subsidiary Senergy Petroleum,LL Bill To i T City of Apache Junction State Contr.. City of Apache Junction StateContr.., 75 E Baseline Ave 575 E Baseline Ave Apache Junction AZ 85119 ApacheJunction AZ 85119 United States United States s i 8,500 87-EIO%-CBG-UNLEADED G 2.5944'' 2.5944 ' 22,052.40 ; 5,500 = ARIZONA STATE TAX-GASOLINE 0,18 : 0.15 1,530M , 0,500 ;FEDERAL SU ERFUN FEE®E1 % 0.00364 ', M0364 30.94 8,500 FEDERAL EX ISETAX-GASOLINE 0.134 0184 1,564.00 F 6,500 FED FED FEE-E10% 0.00193 0.00193 16.41 s 3,500 ;ARIZONA LIST FEE 0,01 t' 0.01 05,00 Sub Total 25,278-75 z t Contract#063147 r i { Total $2 ,278.75 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-678 Sponsor: Kelsey Schattnik Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of a Replat of Blossom Rock Phase 1 to adjust the shared boundary between Parcels 8 and 9 zoned Master Planned Community(MPC). City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 FINAL PLAT ,x I FOR "REPLAT OF PARCELS 8 AND 9, BLOSSOM ROCK PHASE lit , RECORDED IN FEE 2022-084918 , PINAL COUNTY RECORDS (PCR) Wood,Patel&Associates,Inc. LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, Civil Engineering Water APACHE JUNCTION, ARIZONA and Surveyrces Construction Management 602.335.8500 WARNER AVENUE (ALIGNMENT) EXISTING www.woodpatel.com CITY OF APACHE JUNCTION CORPORATE LIMIT SECIDN20, Tl S, R8E W ry W 7 N o 0 C � o T o 9 0 't 0 o BLOSSOM ROCK PHASE 1 4� �' N FEE NUMBER: 2022-084918, PCR idVICINITY MAP N NTS W W -SITE ILL Z r) RAY AVENUE W DEDICATION NOTES o STATE OF ARIZONA ) OWNER ENGINEER/SURVEYOR O SS. BROOKFIELD ASLD 8500 LLC WOOD, PATEL&ASSOCIATES, INC. 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF W CURB SHALL BE THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR COUNTY OF MARICOPA ) 14648 N SCOTTSDALE ROAD, SUITE 290 1630 SOUTH STAPLEY DRIVE, SUITE 219 BLOSSOM ROCK RESIDENTIAL ASSOCIATION, AS APPLICABLE, OR THE ABUTTING LOT, TRACT OR SCOTTSDALE,ARIZONA 85254 MESA, ARIZONA 85204 PARCEL OWNER. FM W Q KNOWALL MEN BY THESE PRESENTS: PHONE: 602-903-7506 PHONE:480-834-3300 z THAT BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, DOES HEREBY PUBLISH THIS"REPLAT OF PARCELS 8 AND 9, BLOSSOM CONTACT: ERIC J. TUNE, P.E. CONTACT: DAN MATTHEWS, P.E. 2. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS � Q ROCK PHASE 1", RECORDED IN FEE NUMBER 2022-084918, PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING <c ORDINANCE VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE � _ GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA,AS SHOWN HEREON, AND HEREBY DECLARES THAT THIS REPLAT OF PARCELS 8 AND 9 SETS n o FORTH THE LOCATION AND GIVES THE DIMENSIONS OF EACH OF THE PARCELS CONSTITUTING SAME, AND THAT EACH OF THE PARCELS SHALL BE KNOWN BY OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. V 0 THE NAME, NUMBER, OR LETTER GIVEN TO IT RESPECTIVELY. SHEET INDEX U 3. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE 1 - COVER BLOSSOM ROCK COMMUNITY ALLIANCE UNLESS OTHERWISE SPECIFIED WITHIN THE LU IN WITNESS WHEREOF: 2 - PLAN SHEET MAINTENANCE AND/OR DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE .� a � a BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER, HAS HERETO CAUSED ITS NAME TO BE AFFIXED AND THE DEVELOPER. u O SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS 4. PURSUANT TO SECTION 4.7.13.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS U) BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE CORPORATION, O DAY OF 20_. BASIS OF BEARING DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL RECORDS OF —I BY: BROOKFIELD ASLD$500 LLC, A DELAWARE LIMITED LIABILITY COMPANY THE BASIS OF BEARING IS THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS (WHICH MAY INCLUDE C0BLOSSOM ROCK COMMUNITY ALLIANCE, INC., OR BLOSSOM ROCK RESIDENTIAL ASSOCIATION, � 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED WITHIN AND ADJACENT TO THE 0 HAVING A BEARING OF NORTH 00 DEGREES 17 MINUTES 01 SECONDS WEST. ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON THIS PLAT. Z BY: Q 00 ITS: J LU BY: APPROVALS C) ry ITS: THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND n DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES L_ WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. O Q DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE J 0- ACKNOWLEDGMENT ry APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THIS DAY OF STATE OF ARIZONA ) SS. 20_. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER COUNTY OF MARICOPA ) SUPPLY AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20_, BY SUPPLY. THE AND THE BY: ATTEST: MAYOR CITY CLERK OF BROOKFIELD ASLD 8500 LLC,A DELAWARE LIMITED LIABILITY COMPANY,ON BEHALF �� L ANO THEREOF. � CarF� `rG � o � CO 23945 G NOTARY PUBLIC — J. CERTIFICATION w RIAN BDIEHL MY COMMISSION EXPIRES FLOODPLAIN INFORMATION I, BRIAN J. DIEHL, OF WOOD, PATEL&ASSOCIATES, INC. HEREBY CERTIFY THAT THIS PLAT IS A CORRECT sond�s.e REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; NA, SUBJECT PROPERTY LIES IN FLOOD ZONE "X"AND ZONE "A" PER FLOOD INSURANCE RATE MAP (FIRM) PANEL N0. THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY CERTIFY TO g a� 04021 CO200E DATED DECEMBER 4, 2007 AND FLOOD ZONE X (SHADED) PER LOMR 21-09-0194P EFFECTIVE DATE ITS CORRECTNESS AND THAT ALL PARCELS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE SPIRE os ao 26 OCTOBER 22, 2021. OTHER AREAS OF FLOOD HAZARD ZONE "X" IS DESCRIBED AS: "AREAS OF MINIMAL FLOOD HAZARD." SET OR WILL BE SET WITHIN ONE (1)YEAR AFTER RECORDATION. SPECIAL FLOOD HAZARD AREA ZONE"A" IS DESCRIBED "WITHOUT BASE FLOOD ELEVATION". OTHER AREAS OF FLOOD HAZARD ZONE "X" (SHADED) IS DESCRIBED AS: "0.2%ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1%ANNUAL CHANCE CHECKED BY BJD FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE. J!.";,. AD TECHNICIAN WSB AREAS WITHIN ZONE"A"WILL BE REMOVED UPON APPROVED LOMR APPLICATION. BRIAN J: DIEHL 4 SCALE REGISTERED LAND SURVEYOR #23945 NTS WOOD, PATEL &ASSOCIATES, INC. DATE 1630 SOUTH STAPLEY DRIVE, SUITE 219 05/17/2024 MESA, ARIZONA 85204 N JOB NUMBER N WP#215255 SHEET U O E 1 OF 2 O N to O m_ tJ LINE TABLE CURVE TABLE PARCEL AREA TABLE 0 60 120 Wood,Patel&Associates,Inc. LINE BEARING DISTANCE CURVE DELTA RADIUS ARC PARCEL NO. PARCEL AREA PARCEL AREA Civil Engineering SQUARE FEET ACRES Water Resources L1 N450 1142� " � °W 28.28 C1 36 3414� " � �211.50 135.00 Land Survey PARCEL 8 169,613 3.8938 Horz. 1 in. = 60 �. Construction Management L2 N00°11'42"W 111.55' C2 12059'52" 1033.50' 234.46' 602.335.8500 L3 N32050'45"E 33.53' C3 81°25'35" 28.52' 40.52' PARCEL 9 323,377 7.4237 www.woodpatel.com L4 S69006'48"E 28.28' C4 29040'30" 101.80' 52.72' TOTAL 492,990 11,3175 L5 S24006'48"E 60.81' C5 61°48'04" 68.46' 73.84' L6 S60041'02"E 64.63' C6 80056'52" 62.64' 88.49' L7 S15041'02"E 35.36' C7 13041'20" 40.00' 9.56' TRACT N i ry L8 S29018'58"W 220.03' C8 42031'31" 86.11' 63.91' 372 U L9 S3000010011W 96.52' C9 116041'32" 79.70' 162.32' 373 C L10 N60007'23"W 33.95' C10 35006'34" 78.73' 48.25' 374 '� 6= / d- L11 N29049'32"E 6.00' C11 20013'34" 20.65' 7.29' \ \ \ 375 , L12 S24006'48"E 8.33' C12 58052'41" 30.00' 30.83' \ \ \ G1\ 376 / �0 F e` 367 tV L13 S65053'12"W 43.66' C13 41°08'32" 20.34' 14.60' \ \\ \ 33'SVT \ �SO',jR / N ° ° \� 377 `� NP a,90- / PER FP1 BF,Q2 Ock Uj L14 N24 06 48 W 8.00 C14 57 48 54 35.89 36.21 O� OMFZOG20��g1 �g / / -o �= �Oc� U'G ��5 R 0220 AygS L15 S65053'12"W 22.17 1 1 ° T 7" 4. 1' 4 ' \ 378 ��OSS ��202 „I( // Q��FQ 8s�g�8 F� TRACT Q C 5 5 3 0 3 8 9 9 � \ Q�\ M� � ��. �` \„�. ACR ILL L16 N24006'48"W 229.73' C16 16030'24" 33.34' 9.60' \p\ \ F �� / / '`'` e'` o Uj 379 \ 46 W L11 �� ,�\ 1- 470 ^QJ �' Q W o 3T SVT / N 229 / �Q'` j PER FP2 _ 228 / �'�' A�FF / n T 227 �M�R1 / / PARCEL 8 226p3366" '`�� LU 225 SE Nros / / '�p �' .T a OG PND01�'PG� / / 6 O T 224 FZ 0� �g� / / / AFR '°!/F� � �. LEGEND um Cn 223 OSS 2022 A y/ 222 -o rn ��fSC' / / �� QV CORNER OF THIS SUBDIVISION T 221 �� SET MONUMENT W/RLS TAG OR CAP �G OCJ/ ti� UNLESS OTHERWISE NOTED Q -off C13 C11 �' �0`1' OO FOUND BRASS CAP FLUSH T / % C15 C�4 C12 �� FP1 FINAL PLAT FOR BLOSSOM ROCK 220 / / C16 L12 C,70 00 / r'? PHASE 1, RECORDED IN FEE 00 Or'? 2022-08491$,PCR W =moo L14 G9 �/ FP2 FINAL PLAT FOR INFRASTRUCTURE FOR SUPERSTITION VISTAS DEVELOPMENT Q 33'SVT PER FP1 vim, UNIT 2 BLOSSOM ROCK TRAIL- PHASE 1, 16' RW / RECORDED IN FEE 2022-084917,PCR ILL PER FP1 11 RW 219 PER FP1 PARCEL 9 / (M) MEASURED 0 j (R) RECORD -81.54' PCR PINAL COUNTY RECORDS Q PUFE PUBLIC UTILITY AND FACILITY EASEMENT W 218 ' PER FP1 mX -0 w / RW RIGHT-OF-WAY ry 33 SVT � m T T'PUFF / SVT SIGHT VEHICULAR TRIANGLE PER FP1 ER FP2 BOUNDARY LINE - - - - - _ - -'� S89048'18"W 1080.14' (M&R) 217 1 !729.67' PARCEL/TRACT LINE _ 257.00' (M&R)_ 13'PUFE 823.14' (M&R) - - SECTION LINE ARASTRA WAY t PER FP1 - - RIGHT-OF-WAY LINE 216 EASEMENT LINE AS NOTED BLO SOM ROCK PHASE 1 m rn 1 FEE NUMBER 2022-084918, PCR n ( I PUFE / Q PER`i T LAND 215 11 205 204 203 202 [-� ( PARCEL 10 - m CO � 23945 BRIAN J. BLOSSOM ROCK PHASE 1 W DIEHL 1L O U U i ( FEE NUMBER 2022-084918, PCR ' �/ q�/ NA, C P W M ( I EXPIRE 09-30-26 I I I I I CHECKED BY 3 BJD AD TE HNI IAN II II I WSB ALE ill = 60' DATE 05/17/2024 N JOB NUMBER N WP#215255 SHEET 0 E 2 OF 2 O N to O m_ tJ City ofApache Junction Development Services Department CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE: August 20, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS: Blossom Rock Phase 1 - Replat of Parcels 8 and 9 (SV-22-23) OWNERS: Brookfield ASLD 8500 LLC APPLICANT: Brookfield ASLD 8500 LLC (`Brookfield") REQUEST: Approval of a Replat for Blossom Rock Phase 1, Parcels 8 and 9 zoned MPC ("Master Planned Community") LOCATION: The property is generally located on the northwest corner of Ray Avenue and Blossom Rock Trail GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /Master Planned Community ("MPC") SURROUNDING USES: North: MPC Blossom Rock future phases South: MPC Retained Property East: MPC Blossom Rock Phase 2 West: MPC Reverence at Superstition Vistas BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. On July 19, 2022, the Apache Junction City Council approved the Blossom Rock Phase 1 Final Plat. "SV-22-23,Replat for Blossom Rock Phase 1-Parcels 8 and 9" August 20,2024 City Council Staff Report 1. Most recently, Brookfield submitted a Replat for a minor lot line adjustment of the shared boundary between Parcels 8 and 9, which is more commonly known as Painted Sky Park (Parcel 9) and the location of the future Community Building (Parcel 8) . Staff has found the proposed Replat to be in conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports. PROPOSALS Brookfield has submitted a Replat for a minor lot line adjustment for Parcels 8 and 9, which is the location of Painted Sky Park (Parcel 8) and the future Community Amenity Building (Parcel 9) . This adjustment ensures that the Community Building falls completely within Parcel 9 as originally intended. The property is generally located on the northwest corner of Ray Avenue and Blossom Rock Trail. PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Replat for Blossom Rock Phase 1 - Parcels 8 and 9, because of its conformance with the preliminary plat, Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports, and respectfully recommends that the City Council to approve such request. --------------------------------------------------------------- RECOMMENDED MOTION FOR FINAL PLAT I move that the Apache Junction City Council approve SV-22-23, Replat of Blossom Rock Phase 1, Parcels 8 and 9, as requested by Brookfield (owner and applicant) , generally located on the northwest corner of Ray Avenue and Blossom Rock Trail. Ka4e.y Schattnwk Prepared by Kelsey Schattnik Senior Planner Attachments : Exhibit #1 - Replat for Blossom Rock Phase 1 - Parcels 8 and 9 "SV-22-23,Replat for Blossom Rock Phase I -Parcels 8 and 9" August 20,2024 City Council Staff Report 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-679 Sponsor: Kelsey Schattnik Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of approval of a Replat of Blossom Rock Phase 2 to divide Tract G into two parcels zoned Master Planned Community(MPC). City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 FINAL PLAT FOR "REPLAT OF TRACT G, BLOSSOM ROCK PHASE 211 , RECORDED IN FEE 2022-084919, FINAL COUNTY RECORDS (PCR) LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA Wood,Patel&Associates, Inc. Civil Engineering Water Resources Land Survey — — — — — — — — — EXISTING Construction Management CITY OF APACHE JUNCTION 602.335.8500 ' I CORPORATE LIMIT www.woodpatel.com N SE 114 SECTION 20 T1 S, R8E I Q Ile m� I & OWNER ENGINEER O o BROOKFIELD ASLD 8500 LLC WOOD, PATEL &ASSOCIATES, INC. U DEDICATION I I 14648 N SCOTTSDALE ROAD., SUITE 290 1630 SOUTH STAPLEY DRIVE, SUITE 219 BLOSSOM ROCK PHASE 2 FEE NUMBER: 2022-084919, PCR I VICINITY MAP SCOTTSDALE, ARIZONA 85254 MESA, ARIZONA 85204 PHONE: 602-903-7506 PHONE: 480-834-3300 STATE OF ARIZONA ) NTS CONTACT: ERIC J. TUNE, P.E. CONTACT: DAN MATTHEWS, P.E. 0) ) SS. ( 0) Nt COUNTY OF MARICOPA ) SITE I O KNOW ALL MEN BY THESE PRESENTS: - -� SHEET INDEX N THAT BROOKFIELD ASLD 8500 LLC,A DELAWARE LIMITED LIABILITY COMPANY,AS OWNER, DOES HEREBY PUBLISH THIS "REPLAT OF TRACT G, BLOSSOM RAY AVENUE(ALIGNMENT) C:) ROCK PHASE 2", RECORDED IN FEE 2022-084919, PINAL COUNTY RECORDS (PCR), LYING WITHIN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE 1 COVER SHEET AND LEGEND N GILA AND SALT RIVER MERIDIAN, APACHE JUNCTION, ARIZONA, AS SHOWN HEREON, AND HEREBY DECLARES THAT THIS REPLAT OF TRACT G SETS FORTH NOTES 2 TABLES AND PLAN SHEET W W THE LOCATION AND GIVES THE DIMENSIONS OF THE TRACTS CONSTITUTING SAME, AND THAT THE TRACTS SHALL BE KNOWN BY THE NAME, NUMBER, OR I_I_ LETTER GIVEN TO IT RESPECTIVELY. z IN WITNESS WHEREOF: LEGEND 0 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF LU BROOKFIELD ASLD 8500 LLC, A DELAWARE LIMITED LIABILITY COMPANY, AS OWNER HAS HERETO CAUSED ITS NAME TO BE AFFIXED AND THE CURB SHALL BE THE RESPONSIBILITY OF THE BLOSSOM ROCK COMMUNITY ALLIANCE OR 0 CORNER OF THIS SUBDIVISION 0 SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS BLOSSOM ROCK RESIDENTIAL ASSOCIATION,AS APPLICABLE, OR THE ABUTTING LOT, TRACT SET MONUMENT W/RLS TAG OR CAP ry OR PARCEL OWNER. UNLESS OTHERWISE NOTED 0 DAY OF , 20_. U O SURVEY MONUMENT FOUND AS NOTED W z 2 THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS APN ASSESSOR'S PARCEL NUMBER Q (Y o OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING BC BRASS CAP N N BY: BROOKFIELD ASLD 8500, LLC,A DELAWARE LIMITED LIABILITY COMPANY ORDINANCE,VOL. 11,APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE FD FOUND < OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. FP1 FINAL PLAT FOR BLOSSOM ROCK PHASE 2, a LIJ(n zo BY: 3. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE RECORDED IN FEE 2022-084919, PCR T = z BLOSSOM ROCK COMMUNITY ALLIANCE UNLESS OTHERWISE SPECIFIED WITHIN THE GLO GENERAL LAND OFFICE ITS: MAINTENANCE AND/OR DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE PCR PINAL COUNTY RECORDSUj DEVELOPER. PUFE PUBLIC UTILITY AND FACILITY EASEMENT z 0 RW RIGHT-OF-WAY <c BY: 4. PURSUANT TO SECTION 4.7.13.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS SVT SIGHT VEHICULAR TRIANGLE L L ry BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE PARCEL/TRACT LINE T ITS: CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021140530, OFFICIAL BOUNDARY LINE 0 RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS - - RIGHT-OF-WAY LINE W (WHICH MAY INCLUDE BLOSSOM ROCK COMMUNITY ALLIANCE, INC., OR BLOSSOM ROCK — — SECTION LINE W RESIDENTIAL ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED - - EASEMENT LINE AS NOTED 0 WITHIN AND ADJACENT TO THE ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON m THIS PLAT. C� ACKNOWLEDGMENT F 0 STATE OF ARIZONA ) ry SS. COUNTY OF MARICOPA } LL THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20_, BY APPROVALS 0F Q ,THE AND THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND —� DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES THE OF BROOKFIELD ASLD 8500 LLC,A DELAWARE LIMITED LIABILITY COMPANY, ON WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. Uj BEHALF THEREOF. NOTARY PUBLIC DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE MY COMMISSION EXPIRES FLOODPLAIN INFORMATION APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA THIS DAY OF SUBJECT PROPERTY LIES IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP (FIRM) PANEL NO. 20_. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER 04021CO200E DATED DECEMBER 4, 2021 AND FLOOD ZONE X(SHADED) PER LOMR 21-09-0194P EFFECTIVE SUPPLY AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DATE OCTOBER 22, 2021. OTHER AREAS OF FLOOD HAZARD ZONE "X" IS DESCRIBED AS: "AREAS OF DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER MINIMAL FLOOD HAZARD." OTHER AREAS OF FLOOD HAZARD ZONE "X" (SHADED) IS DESCRIBED AS: "0.2% SUPPLY. ANNUAL CHANCE FLOOD HAZARD, AREAS OF 1%ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH LESS THAN ONE FOOT OR WITH DRAINAGE AREAS OF LESS THAN ONE SQUARE MILE." BASIS OF BEARING BY: ATTEST: 0 LAND MAYOR CITY CLERK ICArF sG THE BASIS OF BEARING IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 Al SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, HAVING A BEARING OF NORTH 89 DEGREES 46 CO 23945 G MINUTES 59 SECONDS EAST. � ad DIEHL BRIAN J. S/ ®.era CERTIFICATION qRi 0NA, k, X...i....i ,✓.t� I, BRIAN J. DIEHL, OF WOOD, PATEL&ASSOCIATES, INC. HEREBY CERTIFY THAT THIS PLAT IS A CORRECT Ek'IRE 09-30-26 ...............:.:. REPRESENTATION OF ALL THE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; AREA TABLE THAT I HAVE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY CERTIFY TO ITS CORRECTNESS AND THAT ALL TRACTS ARE STAKED OR WILL BE STAKED AND ALL MONUMENTS ARE CHECKED BY AREA SQUARE FEET AREA ACRES SET OR WILL BE SET WITHIN ONE (1)YEAR AFTER RECORDATION. CAD TECHNICIAN BJD WSB N TRACT BG 176,400 4.0496 ,- ALE J a NTS TRACT G 24,761 0.5684 BRIAN DIEHL � DATE REGISTERED LAND SURVEYOR #2394510 05/17/2024 N JOB NUMBER TOTAL 201,161 4.6180 WOOD, PATEL&ASSOCIATES, INC. N WP#215255 1630 SOUTH STAPLEY DRIVE, SUITE 219 Y SHEET MESA, ARIZONA 85204 OF 2 0 0 m N I L4 ►' v EAST 1/4 CORNER SECTION 20,T1S, R8E FD 2 1/2 GLO BC 1.3' UP I J 13' PUFE o CURVE TABLE LINE TABLE LINE TABLE LINE TABLE / 33'svT \ wood,Patel&Associates, Inc. PER FP1 \ FLATIRON TRAIL PER FP1 - -L43 � Civil Engineering CURVE DELTA RADIUS ARC LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE water Resources I L42 srQ 33 SVT t_antl Survey I I L41 - ' PER FP1 Construction Management C1 90000'00" 10.00' 15.71' L1 S89046'59"W 16.48' L16 S45013'01"E 24.04' L32 N00°15'30"W 37.00' L40 684 a; w l I J 602.335.8500 C2 90°02'28" 10.00' 15.72' L2 N45°12'29"W 35.35' L17 S89°46'59"W 57.00' L33 N04°31'34"W 67.19' I 'Y 33.5' R/W L6 M ua www.woodpatel.com I DETAIL D 685 � °- \ C3 90°00'00" 10.00' 15.71' L3 N00011'57"W 142.06' L18 S00013'01"E 165.00' L34 N00015'30"W 8.79' THIS SHEET 38 / 32' 686 0 L4 N89048'03"E 136.78' L19 N00013'01"W 165.00' L35 N89044'30"E 100.00, Q N 17' PUFE `j 04 687 N PER FP1 I I L5 S00°13'01"E 47.02' L20 S89°46'59"W 60.00' L36 N00°15'30"W 43.00' _ W 688 o U I U W C- J TRACT I L6 N89°46'59"E 10.00, L21 N00°13'01"W 48.01' L37 S89°44'30"W 19.00, Y o O v� C G o 689 0 l� Q �, ( L7 S00°13'01"E 80.00' L23 S89°46'59"W 54.04' L38 N89°44'30"E 19.00, o Z xj o I CN 0O o 690 L37 O oN I L8 N00°13'01"W 80.00' L24 N45°14'16"W 28.29' L39 N00°15'30"W 43.00' CO w I o U 691 M �-+ w ( L9 N89046'59"E 20.00' L25 N00015'30"W 29.56' L40 S89044'30"W 100.00, m L35 J () I w W O �4 20 PUFE ° ° „ ° „ 17' PUFE a N PER FP1 L10 S00 13 01 E 80.00 L26 N44 44 30 E 24.04 L41 N00 15 30 W 9.71 SVT PER FP1 \ t� t� I L33 PER FP1 L11 N00013'01"W 80.00' L27 S00015'30"E 57.00' L42 N44044'30"E 28.28' (13' PUFE o ! I o 0 � 33'SVT ( L12 N89046'59"E 20.8T L28 N89044'30"E 110.00' L43 N89044'30"E 134.00' ER 321 � J ! L29 8 477 W I ,.� p ED PER FP 1 L13 N00015'30"W 69.49' L29 S89044'30"W 110.00, L44 S45015'30"E 35.36' o f Q L14 N44045'44"E 31.81' L30 S00015'30"E 57.00' L45 S44045'44"W 28.27' DETAIL C _�� 475 476 0 N THIS SHEET Cn� I O W \ = w L15 N89046'59"E 127,51' L31 N45015'30"W 24.04' L46 S00013'01"E 30.00' ILU CL � W H 474 473 obo O \ - - - - - - - - - - - - I CD RAY AVENUE o o I Q o z E PHASE I L1 471 472 0 z ry FEE 2022-0$4915, PCR O z I o f ¢ c) U DETAIL B 470 469 w E W Q THIS SHEET T SVT I - N ~ DETAIL A PER FP1 L25 �ioo\ ( N _ - THIS SHEET 13' PUFE/ N� ( Lq �Wj� O J `i+ - 1 / SVT BLOSSOM ROCK PHASE 2 PER FP1 l2 467 468 E I o o J = U I ( 33 SVTIF PER FP1 FREMONT PASS FEE 2022-084919, PCR % L23 L28 I o PARCEL PER FP - - - C3 �, o Q _ 9 I w - ��6 -' ( o � o ,E U o L47 L5 BLOSSOM ROCK PHASE 2 �- 13' RACT L17 430 431 436 437 442 443 448 449 454 455 460 461 Leo ( z Q O O w ry PEBG 425 1 466 I r N C1 FEE 2022-084919, PCR 17' PUFE "' FREMONT PASS L13 EW L6 Lg L12 �/ 429 432 435 438 441 444 447 450 453 456 459 462 PER FP1 O M 426 465 TRACT G L7 343 344 M � ° 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 �co C) 427 428 433 434 439 440 445 446 451 452 457 458 463 464 ( O -ago '' N8904659"E 600.00' J N89°4659E 650.00' eo N89046'59"E 980.00' co ' 32' m TRACT BG TRACT BG S89046'59"W 2516.31' RAY AVENUE - PHASE 2 33'SVT U RAY AVENUE - L1 RAY AVENUE - PHASE 2 Of O ry LO PHASE 1 75 00' `o FEE 2023-036172, PCR � �' FEE 2023-036172, PCR � PER FP1 Q FEE 2022-084915 PCR N89046'59"E 2643.36' (- SOUTH QUARTER CORNER UNSUBDIVIDED (BASIS OF BEARING) SOUTHEAST CORNER LL SECTION 20,T1S, R8E UNSUBDIVIDED SECTION 20,T1S,R8E FD 21/2"GLO BC STATE OF ARIZONA STATE OF ARIZONA FD 21/2"GLO BC O APN 104077060 APN 104077060 Q N EXISTING ZONING: MPC EXISTING ZONING: MPC L35 W co ----8.79' ' 5.00, 0 100 200 M co I J Horz. 1 in. = 100 ft. - 2 N SVT I PER FP1 L43 NCO LAND I _ rl CO �' 23945 BRIAN J.�QDISH Q33'SVT qR� 0 NA9.61' NtK L29 SVT L15 ER FP1 � �71.98' 3.68' CL � PER FP146v � SVT -='" ---_ 6'd,,� ��6' SVT 13 PUFE ' Ek�?IRE 09-30-26 PER FP1 - - _ PER FP1 PER FP1 0 47 L40 7.17' N � I o a' L17 I -' �' 13' PUFE M I _ 684 ( i- CHECKED BY 33 SVT N PER FP1 � 5.66' w � BJD PER FP1 I M _ ,� CAD TECHNICIAN 1.35' I o WSB 13-PUFE 425 6' I �,p ' I o ALE 1" = 100' co I PER FP1 L28 �' I cn DATE 10 05/17/2024 gyp, N JOB NUMBER DETAIL D N WP#215255 L23 SCALE: 1"=20' Y SHEET DETAIL A DETAIL B DETAIL C cr SCALE: 1"=20' SCALE: 1"=20' SCALE: 1"=20' 2 O T 2 0 m N City of Apache Junction Development Services Department CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE: August 20, 2024 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS: Blossom Rock Phase 2 Replat (SV-22-25) OWNERS: Brookfield ASLD 8500 LLC APPLICANT: Brookfield ASLD 8500 LLC ("Brookfield") REQUEST: Approval of a Replat of Blossom Rock Phase 2 to split existing Tract G into two tracts . LOCATION: The property is generally located on the northeast corner of Ray Avenue and Blossom Rock Trail GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /Master Planned Community (-MPC") SURROUNDING USES: North: MPC Blossom Rock future phases South: MPC Retained Property East: MPC Retained Property West: MPC Blossom Rock Phase 1 BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. "SV-22-25,Replat of Blossom Rock Phase 2" August 20,2024 City Council Staff Report 1 On July 19, 2022, the Apache Junction City Council approved the Blossom Rock Phase 2 Final Plat. Most recently Brookfield has submitted a Replat for Blossom Rock Phase 2 which has been administratively approved by staff (the "Subdivision Committee" per the MPC) . Staff has found the proposed final plat to be in conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports. PROPOSALS The Replat will allow the existing Tract G to be split into two parcels : (1) Main Monument and Landscaping and (2) Landscaping along Ray Ave. and Idaho Rd. The property is generally located on the northeast corner of Ray Avenue and Blossom Rock Trail. PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Replat for Blossom Rock Phase 2, because of its conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan and the Superstition Vistas Master Infrastructure Reports and respectfully recommends to the City Council to approve such request. --------------------------------------------------------------- RECOMMENDED MOTION FOR FINAL PLAT I move that the Apache Junction City Council approve SV-22-25, Replat of Blossom Rock Phase 2, as requested by Brookfield (owner and applicant) for Tract G, which is generally located on the northeast corner of Ray Avenue and Blossom Rock Trail. Keay Schatt-nik, Prepared by Kelsey Schattnik Senior Planner Attachments : Exhibit #1 - Replat of Blossom Rock Phase 2 "SV-22-25,Replat of Blossom Rock Phase 2" August 20,2024 City Council Staff Report 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-564 Sponsor: Chip Wilson Agenda Date:8/20/2024 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 24-565 Sponsor: Bryant Powell Agenda Date:8/20/2024 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 24-566 Sponsor: Eli Richardson Agenda Date:8/20/2024 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 24-623 Sponsor:Jennifer Pena Agenda Date:8/20/2024 Index: In Control: City Council Meeting Consideration of application for a new Series 6 Bar Liquor License for Captain's located at 300 W Apache Trail Suite 118, Apache Junction, AZ. 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 8/15/2024 r City of Apache Junction , o Home of the Superstition Mountains August 20, 2024 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 6 BAR LIQUOR LICENSE FOR CAPTAIN'S An application for a Series 6 Bar Liquor License has been submitted by Cynthia Pierson with Captain's, located at 300 W. Apache Trail #118, Apache Junction, AZ, 85220. The Arizona Department of Liquor Licenses and Control received the application on July 24, 2024, and the Apache Junction City Clerk's Office received the application from them on July 24, 2024. The Notice of Public Hearing was posted at the premises on July 29, 2024, which allowed for the 20-day Notice as required by state law. The applicant was notified by first class mail and e-mail of the public hearing date and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant 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 recommendation 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. S:City Clerk/Liquor Licenses/Applications/Captain's/Memo To Council 300 F. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)474-5092 www,apache)1uictionaz.gov GreeningAmy From: AdhenAlegha Sent: Wednesday,July 31' 2OZ43:0OPK4 To: Amy Greening Co: Yvette McKinney;Jennifer Pena; Donna Scruggs; Rudy Esquivias; Richard Mooney; Dana Martin;Tina Gero|e Subject: RE: Captain's Liquor License Application Amy, BuiLding Safety and Inspections Division recommends approval of this Liquor License AppLication. Th8nhyOU, Adrian AUegr~a Building and Safety Manager / Building Official Development Services / Building Safety and inspections Division City of Apache Junction 300E, Superstition Blvd. Apache Junction' AS 85119 480-474-5494, Off ice Hours- Monday—Thursday 7:00am—6:00pmr Closed on Fridays ffl 41.5 m�m°QVm�0�xov,de=�me, �eedb I Ck! From:Amy Greening xagreenin8@apache/unotionaz.8ov> Sent: Monday,July Z9, 2024 11:19AM To:Tina Geru|a<tina.Qero|a@sfmd.az.8ov>; Richard Muoney<richard.nnooney@sfnnd.az.Anv>; Rudy Esquivias <resquivias@apauhejuncdonaz.Qov>;Adrian A|egria xaa|egria@apaohejunctionaz.gov> Cc:Yvette MoKinney<mckinney@apachejunutionaz.8ov>;Jennifer Pena `jpena@apacheiunctinnaz.8nvx; Donna Scruggs <dscru00s@apauhejunctionaz.8ov>; Dana Martin xdmartin@apachejunctionaz.gnv> Subject: Captain's Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tonneby noon on Tuesday August 6, 2O24, in order for this item tubeun the August 20, 2O24,City Council meeting. Thank you, 1 A n1t!ei c;Yeel�Gr� Administrative Assistant City Clerk's Office g eenin ap cheunctionaz. y 480-982-8002 Ya City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: €" ty HaH 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 Amy Greening From: Rudy Esquivias Sent: Monday,July 29, 2024 3:51 PM To: Amy Greening;Tina Gerola; Richard Mooney;Adrian Alegria Cc: Yvette McKinney;Jennifer Pena; Donna Scruggs; Dana Martin; Planning Subject: RE: Captain's Liquor License Application Attachments: Application - Redacted.pdf Amy: Development Services has no zoning-related objections or conflicts with the ownership change for Captain's bar. The business is properly zoned B-3 commercial and has existed in its current location for several years. Thanks cku4 Es?uivL a-4 Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resgiziviasapachejunct.ionaz .gov (Development Services Department office ours: Monday through Thursday from 7:00 x to 6:00 ra, closed Fridays and Holidays. ) • ISO e e Scan the QR Code to provide customer service feedback! From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday,July 29, 2024 11:19 AM To:Tina Gerola<tina.gerola@sfmd.az.gov>; Richard Mooney<richard.mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>;Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov> Subject: Captain's Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. i Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday August 0, 2024, in order for this item to be on the August 20, 2024, City Council meeting. Thank you, Ante <:Yree1iukl._q Administrative Assistant City Clerk's Office a reenin �a at;i�e'unctionaz, ov 480-982-8002 City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow Us On: Ci y Hall Hours s-)f Operation 7AM 6PM, Monday thrc ugn 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 Amy Greening From: Danny Saldana Sent: Monday, August 5, 2024 5:02 PM To: Amy Greening Cc: Yvette McKinney Subject: Re: Captain's Liquor License Application On 08/05/2024 at approximately 3:30 pm I conducted an onsite visit at Captain Bar and I also spoke with Cynthia Peirson.At this time,the Apache Junction Police Department has no issues with the issuance of the 006 Bar Liquor License. Daniel Saldana Lieutenant-Support Services Apache Junction Police Department (480)474-2629 saldana@apache'unctionaz.gov From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday,July 29, 2024 11:18 AM To: Danny Saldana<dsaldana@apachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov> Subject: Captain's Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday August 6, 2024, in order for this item to be on the August 20, 2024,City Council meeting. Thank you, Administrative Assistant City Clerk's Office �Igreenin a ach unctionaz, ov 480-982-8002 i City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow us On: nisi r.i$t }t}� CiIT y Hall Hours of Operation %;AM PM, Monday thfough Thursday, closed n 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 Amy Greening From: Tina Gerola <Tina.Gerola@sfmd.az.gov> Sent: Wednesday,July 31, 2024 1:37 PM To: Amy Greening; Richard Mooney; Rudy Esquivias;Adrian Alegria Cc: Yvette McKinney;Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE: [External] Captain's Liquor License Application Good afternoon.The SFMD recommends approval of this Liquor License Application.Thankyou. Tina e c la I Deputy Fire Marshal Superstition Fire & Medical District Office 1 (480) 982-4440 ext. 104 Mobile � (480)416-9775 e site � sf .az. ov From:Amy Greening<agreening@apachejunctionaz.gov> Sent: Monday,July 29, 2024 11:19 AM To:Tina Gerola<Tina.Gerola@sfmd.az.gov>; Richard Mooney<Richard.Mooney@sfmd.az.gov>; Rudy Esquivias <resquivias@apachejunctionaz.gov>;Adrian Alegria <aalegria@apachejunctionaz.gov> Cc:Yvette McKinney<mckinney@apachejunctionaz.gov>;Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin<dmartin@apachejunctionaz.gov> Subject: Captain's Liquor License Application Good Afternoon, The City Clerk's office has received the attached Series 006 Bar liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by noon on Tuesday August 6, 2024, in order for this item to be on the August 20, 2024,City Council meeting. Thank you, Administrative Assistant City Clerk's Office a reenin �a aci�eus�ctic:naz, c�v 480-982-8002 i City of Apache Junction 300 E. Superstition Blvd. Building C Apache Junction, AZ 85119 Follow us On: Cfy HaH 1—fours 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 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 24-688 Sponsor: Rudy Esquivias Agenda Date:8/20/2024 Index: In Control: City Council Meeting Presentation and council direction to staff on amending the Apache Junction City Code ("AJCC"), Volume 1, Chapter 9 Health and Sanitation, Article 9-1 Property Maintenance Standards, Section 9-1-4 Enforcement and Abatement; and the AJCC, Volume 2, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-16 Administration, Section 1-16-16 Violations, Penalties and Enforcement; pertaining to fees charged for violations. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 24-689 Sponsor:Jennifer Pena Agenda Date:8/20/2024 Index: In Control: City Council Meeting Presentation and council direction to staff on amending the Apache Junction City Code, Volume 1, Chapter 2, Mayor, Council and Appointed Boards and Commissions, Article 2-21: Board of Adjustment and Appeals/Municipal Property Corporation/Public Safety Personnel Retirement Board, by Repealing and Replacing in its entirety Section 2-21-3, Public Safety Personnel Retirement Board. City of Apache Junction,Arizona Page 1 Printed on 8/15/2024 Fg z ass CITY COUNCIL MEETING ROLL CALL Date: 11" uw fi � Work Study Regular 9 Special CITY COUNCIL: Present Ab/excu Present Ab/excu Present AD/excu MAYOR WILSON VICE MAYOR SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON '' i COUNCILMEMBER NSSER o _.__ COUNCILMEMBER SOLLER TOTAL CITY STAFF: Present Ab/excu Present ! Ab/excu Present i Ab/excu City Manager Bryant Powell �— _. ------.—-------- ------ Assistant City Manager Matt Busby City Clerk Jennifer Pena- -/ -- City Attorney Joel Stern IT Director Doug Wirthgen Mrkt Comm Director Kayla Fulmer Public Safety Director Michael Pooley _F-"— Public Safety Assistant Johnny John Dev Services Director Rudy Esq ivias PW Director Ted Wolff Parks&. Rec Director Liz Langenbach Econ Direct —---------- _ Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggns Municipal Judge A. Doug LaSota Deputy City Clerk Evie McKinney Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria _.._—_._ Senior Planner Kelsey Schattnik j -- Planner Erica Hernandez -- - Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Anaylyst Rob WistlerLA ;_, City Council VOTE - ROLL CALL 10 ITEM # MEETING OF lec) MOTION BY: SECONDED BY: NOTES: YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER SOLLER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER HECK MAYOR WILSON TOTAL UNANIMOUS , IN FAVOR OPPOSED ABSTAINED TOTAL 6 Vote sheet 3 S:/5—Templates&Forms Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 13 MEETING OF 2 MOTION BY; ( SECONDED BY: NOTES: p r YES NO ABSTAINED CITY COUNCIL: C- - ILMEI IBER HECK _.__�__.______ CCIUNCILMEMBER CROSS VICE MAYOR SCHROEDER COUNCILMMBER LESSER -__._........�_ i- C UNCILIVIEMBER JO NON C UNCILMEMBER SOLLER MAYOR WILSON --------- TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED D TOTAL Vote sheet 4 5./5—Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALF. ITEM MEETI G of 2 MOTION BY: SECONDED BY: NOTES:— V - YES IN ABSTAINED i CITY CCIUNIL: COUNCILMEMBER CROSS i COUNCILMEMBER HECK CC?UNCILMEMBER JOHNSON VICE MAYOR SCHROEDER COUNCILMEMBER N SSER COUNCILMEMBER SOLLER MAYOR WILSON —UNANIMOUS - IN FAVOR OPPOSED _ ABSTAINED TOTAL !late sheet S S./5--Templates&Forms f Vote Call--City Council City Council VOTE - ROLL CALL ITEM # _ MEETING OF MOTION BY: __ _ SECONDED BY NOTES: Pas VU Lk YES NO ABSTAINED CITY COUNCIL. VICE MAYOR SCHROEDER 11 COUNCILMEMBER NESSER COUNCILMEMBER HECK COUNCILMEMBER SOLLER COUNCILMEMBERJOHNSON COUNCILMEMBER CROSS MAYOR WILSON TOTAL _..-- -------- --_ - -= -_------ -- _ __®:- _ - ---- - --------------- _ ---- UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet S:/5—Templates&Forms J Vote Cali—City Council r CITY OF APACHE JUNCTION . Mayor's Script Regulars Meeting Tuesday, August 20, 2024 A. CALL TO ORDER I would like to call this City of Apache Junction Council Meeting of August 20, 2024, to order and ask everyone to put heir cell phones can silent, B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocati7 will be led by a &the pledge by Councilmember La' �CV C-�2 - C. ROLL CALL Roll Call D. CONSENT AGENDA As a reminder-:All items under the Consent Agenda will be approved with one motion. If a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business.- . Consideration of acceptance of agenda: 2. Consideration of approval of minutes of the regular meeting of August 6, 2024. 3. Consideration of approval of contracts for towing service providers related to PD 2024- 01 . Consideration of approval of Resolution No. 24-28 approving the submittal of application from City of Apache Junction to the Gila River Indian Community State Shared Revenue Program for Proposition 202 Funds for Fiscal Year 2024- 2025 in the amount of$30,000 for senior transportation: . Consideration of award of contract to Dig Studio for Prospector Park Pickleball Court Expansion in an amount not to exceed $1 8,624.15, which includes a 5°f contingency. 6. Consideration of approval of procurement of city fleet vehicles and equipment for FY25 making the purchase through Arizona State Cooperative Contract #CTR069472 with Freightliner, Arizona State Cooperative Contract #CTR059323 with San Tan Ford, and City of Phoenix Cooperative ContractCON159257-0 for lighting and equipment for a total not to exceed $2,226,502,. 7. Consideration of approval, retroactively, of an agreement for bulk fuel between the City of Apache Junction and Senergy Petroleum, LLC, for the term of August 2, 2024 through June 30, 2025, in an amount not to exceed $840 000, utilizing the State Cooperative Contract#CTR063147: 8. Consideration of approval of a Replat of Blossom Rock Phase 1 to adjust the shared boundary between Parcels 8 and 9 zoned Master Planned Community (MPC). 9. Consideration of approval of a Replat of Blossom Rock Phase 2 to divide Tract G into two parcels zoned Master Planned Community {MPC}; Leo l have a motion on the consent agenda? wai for motion and the 2 d Roll Call E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 10. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 1.1. City Manager's Report.. Bryant to report 1 . Announcement of Current Events Eli to report H. PUBLIC HEARINGS 13. Consideration of application for a Series 6 Bar Liquor License for Captain's located at 300 W. Apache Trail, Suite 118, Apache Junction. Call can Jennifer A. does the applicant wish to speak? B. Any discussion among the council? council can discuss C. I will now open the Public Hearing. There is a 5-minute time limit, with a 1 minute warning that you will hear. Please state your name and address for the record. D. I will now close the public hearing and ask for a motion. waitfor motion & the 2nd Roll Call I. OLD BUSINESS J. NEW BUSINESS K. COUNCIL DIRECTION TO STAFF 14. Presentation and council direction t© staff an amending Clay Code and Land Development Code, pertaining to fees charged for violations. Coll on Buoy A. Any discussion among the council? R. Do I have a motion for direction to staff? wait f r motion and the 2"d Roll Cali _ 1.5. Presentation and council direction to staff on amending the City Cede relating to the Public Safety Personnel Retirement Board. "oil can Jennifer A. Any discussion among the council' B. Do I have a motion for direction to staff? waitfor motion and the 2"` Roll Call L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC l would like to remind everyone that the Call to the Public is a courtesy and not required by law. It is a time for the public to express requests, communications, comments and suggestions, Request to speak forms must be completed and handed to the city clerk before the end of the city manager's report. All issues shall be presented in a professional manner without personal attacks. Under the open meeting law the COUNCIL CANNOT ENGAGE IN DISCUSSION }N on the issues presented, but may respond to criticism and may direct staff to follow up with the speaker directly and/or place this matter can a future agenda for council discussion; There is a three-minute limit for each speaker. Does council have any requests of staff to follow up on? N. ADJOURNMENT— I adjourn this meeting. August 20, 224 Consent Agenda Items Nos, 1- 1 MOVE THAT the consent agenda be accepted and approved as presented. Item No 13 Public Hearing Motion: Defer to City Clerk for passible motions Item No. 14 - Council Direction To Staff: I MOVE THAT direction to staff be given to draft text amendments to the Apache Junction City Code Vol 1, Chapter9 Health and Sanitation, Subsection 9-1-4: Enforcement and Abatement AND Apache Junction City Cade Volume 2, Land Development Code, Chapter 1; Zoning Ordinance, Subsection 1-16-16: Violations, Penalties and Enforcement pertaining to fees charged for violations. Item No. 15 - Council Direction To Staff: I MOVE THAT direction to staff be given to review and consider updates to the Apache Junction City Code, Volume 1, Subsection 2-21-3: Public Safety Personnel Retirement Board related to vacancies on the board, tjA Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No No Only If Necessary -1 am in favor of the proposed Item. -1 am opposed to the proposed Item. A First- 'Waime- Last Name (PRINT) 2( 7'6- (x j ki c�'l T\ 147 Aj Address city Zip Code 'C �G Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearin comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (min or(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A,R.S, 1-602 (A)(9), o �i6hAA ofParent/GuardiTnate 08/26/2019 Dater CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes �1,7�- No Only If Necessary -1 am in favor of the proposed Item. -1 am opposed to the proposed Item. First Name Last Name (PRINT) Address- city 41P Cade Telephone Email addiess- This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9), Signature of Parent/Guardian Date 08126/2019