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HomeMy WebLinkAbout2023 07.18 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 Tuesday,July 18,2023 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. 23-373 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 23-392 Consideration of approval of minutes of the special meeting of June 19, 2023. Attachments: SP CCMIN 2023 06 19 MINUTES 3. 23-379 Consideration of approval of minutes of the regular meeting of June 20, 2023. Sponsors: Jennifer Pena Attachments: CCMIN 2023 06 20 MINUTES City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City Council Meeting Agenda July 18,2023 4. 23-361 Consideration of approval, retroactive to July 1, 2023, of Fiscal Year 2023-2024 Health and Human Services funding contracts between the City of Apache Junction and the Apache Junction Community Development Corporation in the amount of$5,010.00, the Boys and Girls Club in the amount of$5,674.00, Genesis Project in the amount of$20,000.00, Horizon Health &Wellness in the amount of$7,060.00, Otherside Ministries in the amount$7,256.00, and Superstition Community Food Bank in the amount of$35,000.00. This item was presented for discussion at the May 15 Council Work Session. Sponsors:_ Jennifer Pena Attachments: Memo to Council AJ CDC Boys and Girls Club Genesis Proiect Horizon Health and Wellness Other Side Ministries Superstition Food Bank 23-24 Carnparia table 5. 23- 70 Consideration of approval of Superstition Vistas, Phase 1A- Parcel 19.2 - Lots 38 through 44 (SV-22-2). Sponsors: Sidney Urias Attachments: Parcel 19.2 Re plat(SV-22-2) 19.2 Replat Staff Re ort(SV-22-21 6. 2 - 71 Consideration of approval of Map of Dedication for Warner Avenue Phase 5 (SV-22-54-BI). Sponsors. Sidney Urias Attachments: Warner Road Phase 5 MOD(SV-22-54-BI) Warner Rd Phase 5 MOD Staff Deport(SV-22-54-BI) 7. 23-372 Consideration of approval of Map of Dedication for Davis Drive (SV-23-4-BI). Sponsors: Sidney Urias Attachments: Davis Drive MOD(SV-23-4-BI) Davis Drive MOD Staff Report(SV-23-4-5I) City of Apache Junction,Arizona Page 2 Printed on 7/13/2023 City Council Meeting Agenda July 18,2V23 8. 23-37_7 Consideration of approval cf Resolution No. 23-17. authorizing the City of Apache Junction ho enter into an intergovernmental agreement with Gila County, Arizona, for Community Development Block Grants Regional Account allocation. This item was presented for discussion at the July 17 Council Work Session. Sponsors. Misty Moseley Attachments: IGA with Gila Count�FY23-2�4CQBG�-RA 9' Consideration of approval of Resolution Noe. 23-20 and 23-21 approving the submittal of applications from the City ofApache Junction and Superstition Fire & K4odiva| District bnthe Gila River Indian Community State Shared Revenue Program for Proposition 202 Funds for Fiscal Year 2U23-2U24. This item was presented for discussion at the July 17 Council Work Session. Smnram:. Misty Moseley Attachments: Staff Report for GRIC Grant Resolution No,23-20 GRIC-AJ Grants Resolution No.23-21 GRIC-SFMD Grant 10' Consideration of approval, retroactive to July 1, 2023. of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year (FY23/24)and in the amount of$24'480.0O' and appointment of Counci|menlber Peter Heck ee the City of Apache Junction representative hothe GPEC Board of Directors. This item was presented for discussion at the June 5 Council Work Session. Sponsors: Patrick Ainsworth Attachments: Staff Memo GPEC Contract 2023-24 Apache Junction FY24 GPEC Contract Exhibit A FY24 Action Plan Exhibit B FY24 Metrics Exhibit Exhibit Exhibit E FY24 City default 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 utthis time. City vr Apache Junction,Arizona Page Printed vnxvumoxx City Council Meeting Agenda July 18,2023 11. 23-385 Presentation of proclamation declaring the month of July, "Parks and Recreation Month." Sponsors. Liz Langenbach Attachments: Parks and Rec Month Proclamation 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. 12. 23-380 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. 13. 23-381 City Manager's Report. Sponsors. Bryant Powell 14. 23-373 Presentation and discussion on the Public Works' Fiscal Year 2023-2024 Capital Improvement and Street Maintenance Plan. City staff will present information regarding the status of the city's streets and upcoming capital improvement and street maintenance projects for the new fiscal year. Sponsors: Ted Wolff Attachments: City Council Memo-FY24 CIP&Str Maint Plan FY24 Street CIP&Maint Plan 15. 23-382 Announcement of Current Events. Sponsors: Al Bravo 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. 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. City of Apache Junction,Arizona Page 4 Printed on 711312023 City Council Meeting Agenda July 18,2023 J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 16. 23-374 Presentation and discussion on the procurement of new and replacement fleet vehicles outfitted with lighting and equipment in the amount of$2,819,084.00, budgeted for the current fiscal year utilizing the cooperative contracts with the State of Arizona Contract Numbers CTR041810 and CTR059323 and the City of Tempe cooperative contract number T21-003-02. Sponsors: Ted Wolff Attachments: General Fund Vehicles FY 23-24 HURF Vehicles FY 23-24 FY23-24 New Vehicle Purchases 17. 23-388 Presentation, discussion, and consideration of approval of entering into a construction agreement with Veregy through the 1 Government Procurement Alliance Cooperative Contract 22-11 PV-08 to replace and upgrade lighting at Prospector Park softball complex to energy efficient and dark sky friendly lighting in an amount not to exceed $841,470.00. This expenditure was approved in the FY2023/24 Budget. Sponsors: Riley King Attachments: Staff Memo-Prospector Park Snorts Lighting-Veregy Veregy Contract-Vendor Sinned K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 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. City of Apache Junction,Arizona Page 5 Printed on 7/13/2023 City Council Meeting Agenda July 18,2023 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 6 Printed on 7/13/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 23-378 Sponsor:Jennifer Pena Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 23-392 Sponsor: Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of June 19, 2023. City of Apache Junction,Arizona Pagel Printed on 7/13/2023 City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Meeting Minutes 300 E Superstition Blvd Apache Junction,AZ Special Meeting of the Apache 85119 Junction City Council apachejunctionaz.gov Ph:(480)982-8002 Monday,June 19,2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:06 p.m. B. ROLL CALL Present 7- Mayor Wilson Vice Mayor Schroeder Councilmember Cross Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Liz Langenbach, Parks& Recreation Director Patrick Ainsworth, Economic Development Director Pam Harrison, Library Director Leslie DeReche, Finance Director C. CONSENT AGENDA D. AGENDA ITEMS E. PUBLIC HEARING City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes June 19,2023 Junction City Council 1. 23-306 Discussion and consideration of approval of Resolution No. 23-11 fully adopting estimates of expenditures by the city of Apache Junction for the Fiscal Year beginning July 1, 2023, and ending June 30, 2024; declaring establishment of the budget for the city of Apache Junction for Fiscal Year 2023-2024; and declaring an emergency. Councilmember Cross moved,seconded by Councilmember Heck that Resolution No.23-11,a resolution of the Mayor and City Council of the City of Apache Junction,Arizona,fully adopting estimates of expenditures by the City of Apache Junction for the fiscal year beginning July 1, 2023,and ending June 30,2024; declaring establishment of the budget for the City of Apache Junction for fiscal year 2023-2024; and declaring an emergency be approved. Yes 7- Mayor Wilson,Vice Mayor Schroeder,Cou nci I member Cross,Councilmember Heck,Council member Johnson,Council member Nesser and Councilmember Soller No 0 Assistant City Manager Matt Busby reviewed the timeline presentations of the city budget for the fiscal year 2023-2024 as: May 1, 2023, at the Special meeting, May 15, 2023, at the Special Meeting Council adopted the tentative budget. The budget was then published for 2 weeks as required by law. No changes have been made to the budget since the tentative approval. Mayor Wilson asked Council for comments. No comments were made. Mayor Wilson opened the public hearing, receiving no comments he closed the public hearing. F. OLD BUSINESS G. NEW BUSINESS H. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:09 p.m. ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2023. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Meeting Minutes June 19.2V23 Junction City Council CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the day of . 2023. | further certify that the meeting was duly called and held and that n quorum was present. Dated this day of . 2023. JENN|FERPENA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 23-379 Sponsor:Jennifer Pena Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 20, 2023. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 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 Tuesday,June 20,2023 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Cross 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 Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Patrick Ainsworth, Economic Development Director Pam Harrison, Library Director Evie McKinney, Deputy City Clerk Sidney Urias, Interim Planning Manager Kelsey Schattnik, Planner Emile Schmid, City Engineer D. CONSENT AGENDA Vice Mayor Schroeder moved,seconded by Councilmember Nesser,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 June 20,2023 1. 23-340 Consideration of acceptance of agenda. 2. 23-341 Consideration of approval of minutes of the regular meeting of June 6, 2023. 3. 23- 14 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2022-2023 Fiscal Year. 4. 23-339 Consideration of Resolution No. 23-16, authorizing the city to enter into a first amendment to the intergovernmental agreement with the American Charter Schools Foundation dba Apache Trail High School for a grant-funded school resource officer. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 23- 42 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson announced he attended the Phoenix Mesa Gateway Airport(PMGA) Board meeting today. Beginning this month, cargo services from Europe and Asia will be delivering to this airport as a final destination. Boyer, a major developer will begin construction of"Gateway East", which is planned for the north eastern portion of the airport grounds. A 40 year agreement has been established to develop 273 acres to be completed in three (3) phases. They are working with the City of Mesa regarding infrastructure of utilities and roads. This will be a business park, to include hotels, office and retail space, restaurants and manufacturing buildings. Mayor Wilson praised the growth and development improvements for the previously known Williams Air Force Base, now known as Phoenix-Mesa Gateway Airport, compared to many other sites that have been converted to civilian operations he has visited. G. CITY MANAGER'S REPORT 6. 23- 43 City Manager's Report. City Manager Bryant Powell addressed the following items: He announced Mayor Wilson was selected as the chair for the Phoenix-Mesa Gateway Airport Authority Board. The Board is comprised of representatives from the City of Phoenix, Town of Gilbert, Gila River Indian Community, Town of Queen Creek and the City of Mesa. The Phoenix-Mesa Gateway Airport is owned and operated by the Phoenix-Mesa Gateway Airport Authority (PMGAA), a Joint Powers Airport Authority. The Authority was formed to develop, reuse, operate, and maintain the Airport property and facilities at the former Williams Air Force Base, which closed in September 1993. It is seen as a rising star in the east valley for employment. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 20,2023 Mr. Powell thanked the Mayor and Council for their support of the Library and approving the Library's Annual Report, and also recognized Library employees and the programs offered. He shared a message from Library Director Pam Harrison. He announced the passing of Lt. Will Haynes, who had served with the Pinal County Sheriffs Department, and Apache Junction Police Department for the past 50 years. 7. 23-349 Introduction of, and discussion with, Pinal County Treasurer Michael McCord. Pinal County Treasurer Michael McCord presented an update on the role of the Treasurer's office, and how this office assists the residents of Apache Junction. He explained the investment portfolio for Pinal County and the types and the benefits of short term investments they are involved with. Council's comments were addressed and clarification was given on the use of funds the Treasurer's office is responsible for. 8. 23-182 Presentation and discussion by Adena Gilden and Michael Celaya of Republic Services on free dump week and update on landfill activity. Michael Celaya, Charlotte Thomas and James Rellech with Republic Services gave a presentation that revealed their vision and action plan of sustainability for the next several years. Attention was given to the National Neighborhood Promise and Community Grants Program, the charitable giving offered by Republic, and the various event sponsorships they provide throughout Apache Junction. Statistics from the Free Dump Weeks for this year reflected in excess of 301 tons of trash collected, offering a savings to the Apache Junction residents of over$10,000. The Free Bulk program tallied 950 pickups with a savings of$40,000 to the residents. Recycling participation by city residents is approximately 20 % of the current customers with Republic. Mr. Rellech introduced "Recyclingsimplified.com", an easy to use web site produced by Republic Services, that educates what can and cannot be recycled. He informed the Council that collecting recycled material will begin on June 27, 2023, at the new state of the art facility, "River Recycling Center", located at the Salt River Landfill, which is fully operated by Republic Services. Equipment has been installed to be able to distinguish and sort between materials. Fire suppression equipment is installed and will be monitored 24/7 that offers the ability to extinguish any fires expediently. He shared various images of the equipment and processes that flow through the enclosed facility. Tours are offered to anyone that may be interested. Republic Services will be opening 4 Polymer Centers in the United States. These facilities are designed to manufacture plastic bottles by recycling other plastic products, which will encourage a higher percentage of plastic recycling.The closest facility to Apache Junction will be in Las Vegas and will be open by the end of 2023. Council's concerns included processing contaminated recycled products, costs associated with recycling that customers are expected to pay, and requested assurance that the recycled products are being recycled and not hauled to the landfill. These concerns were addressed by the Republic Services staff. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 20,2023 9. 23-344 Announcement of Current Events. Public Information Officer Al Bravo reminded everyone of the monsoon season and awareness information that can be obtained on the City's website. Also mentioned was the annual 4th of July celebration to be held at the Superstition Shadows Park. Councilmember Heck shared information on an upcoming event to be held at the Apache Junction Public Library on June 29, 2023, at 10:00 am, called "Horsin'Around". This is a project that a local high school student is presenting that gives attendees the opportunity to learn about horses and how to care for them. Special guest Maria Jones from Good Shepherd Healing Ministries Horse Rescue will be in attendance to assist with further information. Councilmember Soller encouraged everyone to be thoughtful of pets, especially over the 4th of July, ensuring they are safe and secured, not left outside. H. PUBLIC HEARINGS 10. 23-334 Presentation, discussion, public hearing, and consideration of Ordinance No.1535, approving a rezoning and minor general plan amendment as described in case P-22-126-PZ, as requested by WW Clyde/Blount Contracting; adopting by reference that certain document titled "Legal Descriptions and Zoning Conditions of Case No. P-22-126-PZ (Applicant WW Clyde/Blount Contracting) authorized under Ordinance No.1535 for a Planned Development Rezoning and Minor General Plan Amendment;" repealing any conflicting provisions; and providing for severability. Vice Mayor Schroeder moved,seconded by Councilmember Nesser,that Ordinance No. 1535 be read by title only and the reading of the entire ordinance be waived. Yes: 7- Mayor Wilson,Vice Mayor Schroeder,Councilmember Nesser, Councilmember Heck,Councilmember Johnson,Councilmember Cross and Councilmember Soller No: 0 Vice Mayor Schroeder moved,seconded by Councilmember Cross that Ordinance No. 1535,as read by the city clerk be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Kelsey Schattnik provided the city council with the following information: Background The WW Clyde/Blount Contracting subject site is comprised of APNs 103-19-021A(+/-7 acres), 103-19-023A(+/-2.5 acres),103-19-0300, 103-19-029D, and 103-19-0550. Blount Contracting purchased the approximate 2.5-acre site around 2015, where they established their current business at 1353 S.Vista Road. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 20,2023 The approximately 7-acre site (APN 103-19-021A)was formerly the site of a nonconforming auto-wrecking business. The property was sold and cleared of the nonconforming use between 2014 and 2015. A rezoning request was approved in 2019, Case No. PZ-4-18 (Ordinance No. 1471)and rezoned to Business Park by Planned Development("B-4/PD")for the development of a light industrial, commercial condominium project. Although this project was approved by City Council, it was never developed. The remainder of the properties have been historically vacant. Blount Contracting merged with WW Clyde in 2020 and the company decided to expand their existing facility at 1353 S. Vista Road to include all parcels originally owned by Blount Contracting. Proposal This is a proposed rezoning by WW Clyde/Blount Contracting of approximately 15 acres near the southeast corner of Vista Road and 12th Avenue (APNs: 103-19-021A, 103-19-023A, 103-19-0300,103-19-029D, and 103-19-0550)from General Commercial ("B-1") and Business Park by Planned Development("13-4/PD")to Business Park by Planned Development ("B-4/PD") in order to construct a new, additional office building and allow the storage/maintenance of construction equipment and materials. This request also includes a minor general plan amendment of approximately 8 acres (APNs: 103-19-023A, 103-19-0300, 103-19-029D, and 103-19-0550)from Commercial to Light Industrial/Business Park and Industrial. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on May 9, 2023. The Commission voted 5:2 to recommend approval of P-22-126-PZ. The commission members who voted against the project voiced concerns about the location of the business and the close proximity to residential homes. They also had concerns about the perimeter wall height and the two-story design of the proposed office building. The commission members who voted in favor of the project acknowledged that the property was already in use by the applicants and were glad to see the business expanding. They were also supportive of the new driveway along Old West Highway in order to reduce the number of large vehicles and equipment accessing the property off of 12th Avenue. They also acknowledged that the business would be subject to the City's noise ordinance and thought that the noise produced by the onsite vehicles and equipment outside of standard business hours would be limited. They also noted that the new office building would provide an indoor area for the maintenance of those vehicles and equipment. Overall, they believed that the proposed changes would be an improvement to their current operation. Staff Recommendation Staff has worked closely with the applicant throughout the review process to revise their originally proposed plan to respond to resident concerns. The primary areas of concern expressed by nearby residents were the noise produced by onsite vehicles and equipment City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes June 20,2023 (especially outside of standard business hours), possible light pollution, and the proposed location of the new fuel station. Outdoor Storage of Vehicles and Equipment In order to screen onsite vehicles, equipment and materials, the applicant has proposed an 8' wall and landscape buffer around the perimeter of the property. Noise Mitigation In addition to the 8' perimeter wall, the applicant has provided passthrough parking spaces on the east side of the property in order to allow large vehicles to park and avoid the activation of rearward motion safety alarms. Furthermore, the applicant is providing a large warehouse area as part of their new office building to service vehicles and equipment. The applicant will also construct a new driveway and deceleration lane along Old West Highway. The primary use of this entrance/exit will be used by large vehicles and equipment. Light Pollution The original photometric plan provided by the applicant proposed pole lights along the eastern property line. Staff recommended that the applicant relocate the lights to a more central location in order to reduce the possibility of light pollution onto neighboring residential properties. The applicant has complied with the request. Fuel Station The original location of the proposed fuel station was on the east side of the newly proposed north/south driveway. Staff recommended that the applicant relocate the fuel station on the west side of the driveway, to create a larger barrier between the fuel station and residential homes to the east. The applicant has complied with the request. Due to the changes provided by the applicant, Staff is supportive of the proposed project subject to the conditions found in the P&Z staff report. Council expressed concern regarding the traffic route of the trucks, noise and after normal business hours work, landscape maintenance and the integrity of the pavement to withstand heavy truck traffic. The applicant addressed the Council's concerns and Public Works Engineer Emile Schmid assured the council the condition of the roads would handle the heavy trucks. The last road inspection for 12th Avenue was completed in April 2023, and at that time was deemed as no maintenance needed. Mayor Wilson opened the Public Hearing. Andre Meek, 1327 S. Belair Rd., Apache Junction, shared his support for this type of business. Possible considerations should be how to control the truck noise and the traffic turn lane or addition of a special traffic signal. Shawna Scott, 1950 E. 12th Ave., Apache Junction, lives directly north of this location. She is in support of this type of business but opposes the location chosen. This is creating devalue of property in this area. She also has concerns of the late hours of work being done, and the noise level. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes June 20,2023 An unknown citizen expressed his concern of the noise that has been going on, and is concerned this will continue. Steve Byfield, 1000 S. Idaho Rd., Apache Junction, as Chairperson of the Board for the Apache Junction Chamber of Commerce shared his support of this project, as well as that of the Chamber of Commerce. He expressed the need for this type of business in Apache Junction, which will bring employment and families to our community. This type of business is a rare occurrence and should strongly be considered for approval. Mayor Wilson closed the Public Hearing. 11. 23-335 Presentation, discussion, public hearing and consideration of Resolution No. 23-13, declaring as a public record that certain document filed with the City Clerk and entitled "Legal Descriptions and Zoning Conditions of Case No. P-22-126-PZ (Applicant: WW Clyde/Blount Contracting) authorized under Ordinance No. 1535 for a Planned Development Rezoning and Minor General Plan Amendment;" repealing any conflicting provisions and providing for severability. Councilmember Heck moved,seconded by Councilmember Nesser that Resolution No.23-13,a resolution of the mayor and city council of the City of Apache Junction,Arizona,declaring as a public record,that certain document filed with the city clerk entitled"Legal Descriptions and Zoning Conditions of Case No. P-22-126-PZ authorized under Ordinance No. 1535 for a Planned Development Rezoning and Minor General Plan Amendment"repealing any conflicting provisions and providing for severability be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Mayor Wilson opened the Public Hearing. Receiving no comments, the Public Hearing was closed. I. OLD BUSINESS J. NEW BUSINESS 12. 23-337 Presentation, discussion and consideration of a five-year master services and license agreement with Flock Group, Inc. in an amount of $315,500.00 for community safety. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Chief Pooley stated he was seeking council approval for an additional ten (10) new cameras to add to the existing fifteen (15)cameras. The purchase of additional cameras would provide an increase in coverage throughout the city. The new contract will also secure the city's pricing structure for a five-year(5)term. The annual cost for all twenty-five (25)cameras would be City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes June 20.2023 $62,500.00. This has been budgeted in the proposed fiscal year 2023-2024 city budget. The total price for the five years will ba$315.50O.00. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 23- %36 Consideration Of cancellation Of the City Council Work Session Of K8ODd3y, July 3' 2023. Councilmember Cross moved,seconded by Councilmember Heck,that the City Council Work Session for Monday,July 3md.2n23.becancelled. Yes: 7 Mayor Wilson, Vice Mayor Schroeder, Counoi|memberNeoaer. Counci|member Heck, Counui|memb*rJohnoon. Counci|m*mbe/Cross and Counoi|memb*r SoU*r No: 0 M. CALL TO PUBLIC Linda Smith, 455 S. Delaware Dr. No. 5., Apache Junction, addressed the council regarding homelessness. She worked in Tempe and was very involved with the homeless community there. She volunteered to assist the city in its efforts to address the increasing number of those that are homeless. Catherine yWaak. 1327S. Be|airRd..Apache Junction, addressed the council regarding trash and the start upof the plastics recycling program and what ia being made from it, aopresented by the mayor earlier. She is from Oregon where recycling has been a movement since the early 1980s. She was happy to hear that the Apache Junction schools are open and appreciative of School Resource Officers. She spoke a bit on homelessness and the various circumstances that contribute to it. Andre yWaak. 1327S. Be|airNd, Apache Junction, addressed the council on homelessness. The country ioin bad shape but we need to find someplace to start. The community ioimpacted by the few that leave their excessive trash piles and destruction of the daoad. He commented on the cost of the trash and recycle cans and would like to see a little relief on those costs. N. ADJOURNMENT Mayor Wilson adjourned the meeting atS:03p.m. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes June 20.2023 ACCEPTED THIS DAY D . 2023. 8Y THE MAYOR AND CITY COUNCIL OF THE CITY OFAPACHE JUNCTION, AR|ZONA. SIGNED AND ATTESTED TD THIS DAY OF . 2023. VVALTER''CH|P''VV/LSON Mayor ATTEST: JENN|FERPENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of . 2023. | further certify that the meeting was duly called and held and that a quorum was present. Dated this day of . 2023. JENN|FERPENA City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 23-361 Sponsor:Jennifer Pena Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval, retroactive to July 1, 2023, of Fiscal Year 2023-2024 Health and Human Services funding contracts between the City of Apache Junction and the Apache Junction Community Development Corporation in the amount of$5,010.00, the Boys and Girls Club in the amount of$5,674.00, Genesis Project in the amount of$20,000.00, Horizon Health &Wellness in the amount of$7,060.00, Otherside Ministries in the amount$7,256.00, and Superstition Community Food Bank in the amount of$35,000.00. This item was presented for discussion at the May 15 Council Work Session. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 CH City of Apache Junction 1 0 Home of the Superstition Mountains July 18, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK'= SUBJECT: FY 2023-2024 HEALTH & HUMAN SERVICES FUNDING RECOMMENDATIONS The Health & Human Services Commission met on April 24, 2023, and unanimously approved the below funding recommendations. Commissioner Mitchell presented these recommendations to you at the May 15, 2023, Work Session. RequestingApplicant Applicant AJ CDC $ 6,400 $ 5,010 Boys & Girls Club $ 35,000 $ 5,674 Genesis Project $ 22,800 $ 20,000 Horizon Health &Wellness $ 7,060 $ 7,060 Otherside Ministries $ 10,000 $ 7,256 Superstition Community $ 50,000 $ 35,000 Food Bank Total $131,260 ,$8 , 00 Staff is requesting approval of these contracts, which are effective from July 1, 2023—June 30, 2024. 300 E.Superstition Boulevard -Apache Junction,AZ 85119 ® Ph: (480)474-5092 www.apachejunctionaz.gov AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of , 2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health a n d Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with various community revitalization projects for the following programs: 1. Household Hazardous Waste Transport Assistance. Provide pick up service for citizens who can't bring these items to the drop off location 2. "Make a Difference Day"-This is an annual event with multiple projects and locations throughout the city 3. Focal Point Brick Memorial, revitalization, and support B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council a n d. Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be 2 reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$5,010.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,252.50. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2024. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 4 omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Dave Waldron, Chairman AJ CDC 300 E. Superstition Blvd. Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 5 arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2)year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 6 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of the Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement(and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions, and voting in any special, primary, or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 7 contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in a Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, the Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). The city retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN B O Y C O T T OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject the Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION COMMUNITY DEVELOPEMNT CORPORATION, a 501(c)3 non-profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of Apache Junction Community Development Corporation, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding_All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances,for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B N EXRM IT'B RUORTINGnQUIRnIEMS APACHE JUNCTION PMO&MANCE REPORT6CHEDUtE OF O"LETIO a f L,A aslte jaussbart C# fir E}t asai szsetbt C �.,ata t[ Date �ztxt cY t�'�.R7Ezta',as,i � � orwCxact P t jia3y��„ 2H nr fmxu 3fiP,.�{Y�4 ek l�o� Cttawst9' "St+fiance fire;12t wscai zcaa a oaf da ack¢e jaan�-&�tsas r: �.� asEi+fesiz da ss 7"E Superstition BSvd,A Junction, Ca taet Petamm.f29F3aVa lVaIdr,.xa. 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Quartedy Nareative.ok�Number of projects watked an S„.'Number of protwu C.,Number of volunteers:and hours D.Address of hooreavveters sere enty of viAt E.Number of Memorial Bricks oviereMnstalled �:.acs s t}lceskorarad83a : t}eta Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE BOYS AND GIRLS CLUB OF THE VALLEY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of ,2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and THE BOYS AND GIRLS CLUB OF THE VALLEY, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties"or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program. A. Provide to city residents with the following youth programs: 1. Academic Success through the Power Hour program 2. Leadership and Character building through Torch & Keystone Club, which provides mentors, EBP and youth and leadership development 3. Healthy Lifestyle choices through physical fitness programs, sports, and health education along with nutrition education 4. These programs will be supported by this funding for Part-time Youth Development Specialists and a Full-time Program Branch Director B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council a n d Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission 2 staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$5,674.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,418.50. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2024. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 4 omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Emily Denes, Project Manager Boys and Girls Club of The Valley 4309 E. Belleview St, Bldg. 14 Phoenix, AZ 85008 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 5 arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2)year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 6 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of the Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement(and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions, and voting in any special, primary, or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 7 contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in a Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, the Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). The city retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN B O Y C O T T OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject the Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BOYS AND GIRLS CLUB OF THE VALLEY, a 501(c)3 non-profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of The Boys and Girls Club of The Valley, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds. 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances,for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B E, D Red*and#£ Servi 202XZM Fainting `�.. � VMMrr FTric, QLr:..::EM AJ P A£C9 IA:-f iiiGRV5CHEDULC OF COMPLITION Par 2 ef'i et C; tay's' &;itts Club Date a: � .� .. s. c � ""220.�Fe ra<w:�"� 4 tntgt od: nav�,20��,���tw ;��f2� ". ta»� �a r Za actizrate e`. waver Ste a oudx tq asar3s 1lsess taxexttca3 "tent t Ai4dress d430 East Selknew St,Bldg iF 2'#sae3»z:,A,;2 SSOOS1-1-111� P�eoraW fiC ' race Pe n ml D s cte�6i7�3�?,!«.�, u ,;;EtoawE'�e*r€xzky wtaro�:w,¢r k#feat rara EIMAU L taci Pe'as x2 .� ,....�.. ., �M .....� w...� �. �tti+Staff�eesszx�esk* e �1 `-"� C:anss �.uv1 Indicate a4 cemto contractr r schedule�..mm,..ges, e by dig T;Sd�at each"� rter for the Preceding quar et's Actividec,.'.. e of 5*0 t OIVI rt. a 5che4ule Caaa¢tattI ae 8exe YWONa Modification Date Matt &cress#hsctx t 3cewex PEc>us xvs - : L.eatltrstu Itaa er buzSd �*rau Sort av staaxve lka :. ?�eaffiias LaCesf»:iet ce�zam ram., .d.,d.,d d.,d.,d.,d.,. �.., ..,.�, -. vet assert e«:ia8i. azcdaPca2R� � ePsatraSr c s kdut%€uacsted�e*, r.�se ram+,.east arsaia�gaw.^eel+2t s..aa�3 spa c� psa�«yraxi� ,��c�st #te waaraci Yo saxaztstaxxa a cuz�.pwt�e�aurs"Ise#asat3s?za tiet�xa3 Lasa.a#trrroi'r4ae�, ' e �zxea3 acr pxxzxcs see I£aa4�a aa.€tt4'e&Bmess:Eagra^trs Febxsadex�F6 Please provide a brief description of activities performed this there month peaioa9.Include ecMe°raaacas that touseaf Variations from Schedule duages to PIMS,:nufareseen cdcamstances,ear.Pteese be eftedfic Fondle.answer luestoras at narrative section A,Ikr L„D&L Quarterly Na rives A.Numberofm bers served &Nu miter of dairy visits to the Club:. L:.Number ofvaatwtn hours I).Number of days open ------------ E.C#fl2aide '2p S es iS+ed ievec Ara x :si 'xa Tide AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GENESIS PROJECT FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of ,_2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and GENESIS PROJECT, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health a n d Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance through the following projects: 1. A community resource center and part-time Navigator position to assist individuals with local assistance programs, obtaining IDs, applying for benefits, and completing job applications 2. Food, heat relief, clothing, hygiene items and hydration to individuals experiencing homelessness B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council a n d. Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be 2 reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$20,000.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$5,000.00. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 4 omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Trinity Cole, Agency Director Genesis Project 564 N. Idaho Rd., Ste 5 Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 5 arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2)year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 6 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement(and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions, and voting in any special, primary, or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 7 contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN B O Y C O T T OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: GENESIS PROJECT, a 501(c)3 non-profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of Genesis Project, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances,for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B Heatth and Human Services F'Y M3-2824 Fun":.. ,,,,,�'_:. EXHIBIT 8 REPORTING {VIR ENTS Aj PERFORMANCE it T/S HEDULE Of CONMETIO Page 2 Of IZes^x Lnt Genesis T's a ect ' ,Hate vts "l rile VU. 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A,,.ToWnumber of peopte attract S.Number of dw ente agencies represented C,Nuoulter of people benefitfing from Navigator sersim DXamber of hot weals served Date 'Ink AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND HORIZON HEALTH AND WELLNESS FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of , 2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and HORIZON HEALTH AND WELLNESS, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), (See Exhibit A), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding., subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarter installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding_, subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents with solar powered lighting for Earth Heart Park (EHP) which will make the park more accessible for late afternoon and evening events and structured activities: 1. Purchase and install twelve (12) solar powered lights throughout the Earth Heart Park 2. Purchase and install three (3) lights in the pavilion areas and improve lighting in the community garden area with higher voltage string lights B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15h day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. Quarter 1: July 1 -September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone 2 numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance (See Exhibit A), or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance (See Exhibit A), or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$7,060.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,765.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2024. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional 4 skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Cheri DeBree, Project Manager Horizon Health and Wellness 625 N. Plaza Drive Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. 5 Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the 6 Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions, and voting in any special, primary, or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or 7 services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous 8 fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S.§§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: HORIZON HEALTH AND WELLNESS, a 501(c)3 non- profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip" Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of Horizon Health and Wellness, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non-governmental agencies, membership fees and dues, and private contributions. 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies. 9. Names and addresses of all current board members of agency governing board. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter. 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.•procedure for distribution of funds 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non- profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B E3eaLtlt and&Y: Eervicea EY 203 Par ding tXHMrT S:REPORTING REQUIREMENTS AT PtnORbMNCE REPORTfSCHEDME Of COMPLETION Fake i a£1 Ytees xaatcx3"dcz- H alth and WeUness _ _ Date iV«!E9,1e N. :.fie'FY�XIZHZ.:. Quarter NO,#. 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QuArtirdy M A8 Nuatilaerof:lights died $e' "exat A.uthmzizEt$Ei:::k§tYeDate Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND OTHER SIDE MINISTRIES FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of ,_2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and OTHER SIDE MINISTRIES, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the"Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non documentation for subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program. A. Provide to city residents with the following adult programs: 1. The New Beginnings culinary class, which provides hands-on education for practical kitchen skills and life coaching. It also provides the opportunity to earn an income catering at bi-monthly outreach events 2. Graduating students from this class will be connected to local restaurants for opportunities to obtain employment B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council a n d Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission 2 staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$7,256.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,814.00. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2024. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 4 omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Jason Taylor, Project Manager Other Side Ministries 564 N. Idaho Rd, Suite 7 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 5 arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2)year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 6 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement(and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions, and voting in any special, primary, or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 7 contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN B O Y C O T T OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: OTHER SIDE MINISTRIES, a 501(c)3 non-profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of The Boys and Girls Club of The Valley, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances,for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B Health and fI - EY 20 4 Funding rf 9 REPORTING tAta`T9t:. 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A.Number of students per dess R,Number of dasses bald C.Number of volunteer hinur M Number of graduates E.Number of catiring events': Re` fant Aat#r 'aed SI a Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE SUPERSTITION COMMUNITY FOOD BANK FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2023-2024 THIS AGREEMENT is made and entered into this day of ,_2023 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and THE SUPERSTITION COMMUNITY FOOD BANK, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties"or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume 1, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2023-2024. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2023, the city council passed and adopted the 2023-2024 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding., subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Purchase food for those in need 2. Distribute holiday meals to eligible households during Easter, Fourth of July, Thanksgiving and the December holiday season B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of 2 this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$35,000.00 for fiscal year 2023-2024 for SOW performance. B. Compensation shall be in equal quarterly payments of$8,750.00. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2023-2024 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2023, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 4 omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Lynn Hanson, Board President Superstition Community Food Bank 575 N Idaho Rd., Ste. 701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 5 arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2)year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 6 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents,and shall supersede any inconsistent provision therein; provided, however,that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation,or city code),such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so thatthe reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws,the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subjectto,and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a 7 board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. Certification Pursuant to A.R.S. § 35-394. In accordance with Arizona Revised Statutes § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the term of this Agreement that Consultant is not in compliance with this Section, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period, this Agreement shall terminate on such contract termination date. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: THE SUPERSTITION COMMUNITY FOOD BANK, a 501(c)3 non-profit organization By: Print Name: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chip"Wilson Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by as of THE SUPERSTITION COMMUNITY FOOD BANK, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.-procedure for distribution of funds 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances,for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Exhibit B Real&and Human Services 3-2024Funding �,� EXHMrr 9 JLT,?0RnNG RIQLIMEMOM . Al PMORMANCE F"ORTeSCREDULE Of COMPLETION page i Of t Date s*b ci Pro e taau*d boxer#a tkxo. ta+. t fc+rd tint ntr C` tasR a x1 diisPa u n33e,$$6-2.a Email'eoir-a#Y'oiam su entl6HSR'asfooc„aae4:t..t•;TM,fi tart Pe n#2Flq "n mC70141-10-4570 EMW#Pssnst+a.t's rSrrtr r.aszxx Cx 'Staffs 'er p E C`.: tV Indicate i nrZce tax coneract at sdaaiduEudtart %Due b�et�e 15eh ari s cis ea ffcar sect dsaa er's eCdVWe& �Tpjof Work{ Rt7"f 3 m t 5rhee7 txact to Lrte Yos Nv h Oslo' cassosn:Ltate Pu=hasetsrax$for!hose xta Distribute hohday'areats tD eliig..stlle bouseholds duzmg Easter.Fou h.of July,ThanI3VVur&m%d the Decezuw µ ...,n,. ••,,,M• . hohdat-seawn must include T?ttgasltsx6 to�,. eastn.e:keaasne a c ut o, w...ti tka>rneexwn?u zn#wttst and ssme.r snrtata ided Refer re6 xtra nsxs fon ,.", uts Ee o.,.�,..� daata r"aa.&fv kx3a and ass Ex e in,FetroArv,2624 f"dtase growide¢isas`tf d a g+9i n E aitaysti s gerf+rzt ed z2six cixmr aaacah ptaand..fsxdactr awcrnsaea m that r.aused variaaaaan from sthedxtte chain es taa s unfoteseeas ss s stir.S*Y �be s tic -F l er vea rss at seccron fd C A3 E F QuAreesly Narseabae: �. A.Number of clients served:....... R.Number ofhostsehoWs Served.: C.Nitrates of Volunteer tours D.Number ber of holiday mesh distributed E,Outside furtIft sources tevived F.Total out of packer food cam R '.i.. tAttKhosa :.i tt "&'ltde HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE Amount requested /Amount awarded FY 2012- FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- FY 2018- FY 2019- FY 2020- FY 2021- FY 2022- FY 2023- A G E N C Y 13 14 15 16 17 18 19 20 21 22 23 24 Superstition Community Food Bank 25,000 30,000 30,000 32,000 50,000 32,000 50,000 75,000 27,500 26,000 50,000 50,000 25,000 30,000 32,000 32,000 32,000 7,000 33,000 24,500 19,800 26,000 30,000 35,000 Boys and Girls Club of the East Valley 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000 35,000 35,000 35,000 8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 16,700 24,500 11,580 5,674 Community Alliance Against Family Abuse 14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000 Did not 21,263 Did not (CAAFA) 2021 -a New Leaf 14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 17,450 I y 5,760 a I Horizon Health & Wellness 20,000 25,000 Did not Did not 7,060 15,000 9,500 Epp!° p -Iy 7,060 Genesis Project 12,000 12,185 22,800 22,800 10,500 11,300 22,800 20,000 AJ CDC 24,000 24,000 6,260 6,400 6,000 6,000 6,260 5,010 15,355 39,600 Did not Salvation Army 12,200 3,600 Maly East Valley Adult Resources (for Apache 30,000 30,000 30,000 30,000 40,000 Junction Senior Center 26,000 30,000 30,000 28,000 0 E.V.Adult Resources (van transportation) NA 45,000 40,000 30,000 35,000 0 0 0 0 United Way NA NA NA NA 7,735 50,000 10,000 0 10,000 2,000 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 23-370 Sponsor: Sidney Urias Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of Superstition Vistas, Phase 1A- Parcel 19.2- Lots 38 through 44 (SV-22-2). City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 FINAL PLAT zo C4 Mr= l 0 FOR RADIANCE SECTION 19 13 o N "SUPERSTITION 1 AVENUE APACHE REVERENCE to E P E R STIT1 O N VISTAS - PHASE 1A < JUNCTION ROAD o co ¢o PROJECT o 11 0 � SITE o o 0 � PARCEL19 . 2 - LOTS 38 THROUGH44 N z o N a Q ""` z Q o � � 0- a- z - - w RAY AVENUE A RE-PLAT OF LOTS 38 THROUGH 44 OF SUPERSTITION VISTAS PHASE 1A Q PINAL COUNTY 0 PARCEL 19.2 RECORDED IN FEE NO. 2023-004459, PINAL COUNTY RECORDS SECTION 30 I< N LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AND THE W Lo DEDICATION NORTHWEST QUARTER OF SECTION 30 TOWNSHIP 1 SOUTH RANGE 8 VICINITY MAP o00 STATE OF ARIZONA ) NOT1S, R8E T TO LE J x )SS EAST OF THE GILA AND SALT RIVER MERIDIAN , PINAL COUNTY, ARIZONA COUNTY OF PINAL ) OWNER/DEVELOPER SURVEYOR 1: W a KNOW ALL MEN BY THESE PRESENTS: ACKNOWLEDGMENT DR HORTON HILGARTWILSON, LLC N THAT D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS SUBDIVIDED UNDER THE NAME STATE OF ARIZONA ) 2525 WEST FRYE AVENUE, SUITE 100 2141 E. HIGHLAND AVE., STE. 250 OF "SUPERSTITION VISTAS - PHASE 1A - PARCEL 19.2 - LOTS 38 THROUGH 44" A RE-PLAT OF )SS CHANDLER, AZ 85224 PHOENIX, ARIZONA 85016 LOTS 38 THROUGH 44 OF SUPERSTITION VISTAS - PHASE 1A - PARCEL 19.2 RECORDED IN FEE N0. CONTACT: JOSE CASTILLO PHONE: (602) 490-0535 2023-004459, PINAL COUNTY RECORDS LOCATED IN THE SOUTHWEST QUARTER OF SECTION 19 AND COUNTY OF PINAL ) DIVISION VICE PRESIDENT OF LAND DEVELOPMENT CONTACT: BRIAN J. BENEDICT, RLS � THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND PHONE: (480) 791-1593 = cv SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS SHOWN AND PLATTED HEREON AND HEREBY ON THIS ____ ______ DAY OF ------- _____, BEFORE ME, PUBLISHES THIS PLAT AS AND FOR THE PLAT OF "SUPERSTITION VISTAS - PHASE 1A - PARCEL 19.2 THE UNDERSIGNED, PERSONALLY APPEARED ______, BASIS OF BEARING WHO ACKNOWLEDGED HIMSELF/HERSELF TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE - LOTS 38 THROUGH 44" HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND GIVES INSTRUMENT WITHIN, AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN BASIS OF BEARING IS N00038'07"W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER F_ z THE DIMENSIONS OF THE LOTS, TRACTS, STREETS AND EASEMENTS CONSTITUTING SAME AND THAT CONTAINED. OF SECTION 24 TOWNSHIP 1 SOUTH RANGE 7 EAST OF THE GILA AND SALT RIVER co O EACH LOT, TRACT AND STREET SHALL BE KNOWN BY THE NUMBER, LETTER, OR NAME GIVEN EACH co RESPECTIVELY ON SAID PLAT. D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HEREBY MERIDIAN, MARICOPA COUNTY, ARIZONA, BETWEEN THE MONUMENTS AS SHOWN HEREON. co `U DEDICATES TO THE PUBLIC, FOR USE AS SUCH, THE STREETS AND EASEMENTS AS SHOWN ON SAID IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL. PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. NOTARY PUBLIC: _____ MY COMMISSION EXPIRES: ___ NOTES w Q EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF cy z zz DEVELOPMENT SERVICES APPROVAL CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION OR THE ABUTTING w o N EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, HEREBY LOT, TRACT OR PARCEL OWNER. J Q of DEDICATES TO THE CITY OF APACHE JUNCTION FOR USE AS SUCH THE VEHICULAR NON-ACCESS THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND 2. THE MAINTENANCE OF SIDEWALKS IN THE PUBLIC UTILITY FACILITY EASEMENTS SHALL BE THE Lu 0 Q EASEMENTS AND PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE SAID PLAT AND DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT PUBLIC STREET � V � z CONSTRUCTION ASSURANCES WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION. IM INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL PROPERTY MARKED AS 3. THE MAINTENANCE OF LANDSCAPING WITHIN THE ROADWAY MEDIAN SHALL BE THE � O O STREETS ON THIS PLAT IS A DEDICATION TO THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITY'S RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION. USE AS PUBLIC RIGHT-OF-WAY. THE DEDICATION OF REAL PROPERTY MARKED AS PUBLIC UTILITY 4. CONSTRUCTION WITHIN PUBLIC UTILITY FACILITY EASEMENTS SHALL BE LIMITED TO UTILITIES, AND FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE REMOVABLE FENCES AND DRIVEWAYS. W w CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, 5. NO STRUCTURES, EARTHWORK OR OTHER CONSTRUCTION WILL BE CARRIED OUT IN DRAINAGE MAINTAIN, REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT PATHS OR RETENTION BASINS AS SHOWN ON THE APPROVED IMPROVEMENT PLANS AND, _ _ LIMITED T0, WATER, WASTEWATER, GAS, EXCEPT AS MAY BE APPROVED BY DEVELOPMENT SERVICES ENGINEER FENCING WILL BE o U ELECTRIC STORM WATER PIPES CONDUIT CABLES AND MAYOR a Q a SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND SIGNAL LINES, LIMITED TO WIRE-STRAND OR BREAK-AWAY SECTIONS THAT CANNOT IMPEDE WATER FLOW OR APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS ______ DAY OF COLLECT DEBRIS WHICH WOULD IMPEDE WATER FLOW. VEGETATION SHALL NOT BE PLANTED NOR O TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET LIGHTS, ----------------------- 20__. AND THE CITY COUNCIL ACCEPTS THE RIGHTS-OF-WAY DEDICATED ALLOWED TO GROW WITHIN DRAINAGE PATHS, EASEMENTS OR RETENTION BASINS WHICH WOULD < Q e STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC HEREIN ON BEHALF OF THE PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER IMPEDE THE FLOW OF WATER. y z z TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER SUPPLY AS REQUIRED BY ARIZONA REVISED STATUES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN 6. MAINTENANCE OF THE DRAINAGE AREAS WITHIN THE TRACTS AND EASEMENTS SHALL BE THE o_ RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO ALL OF THE FOREGOING, DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION. SHOULD THE ASSOCIATION NOT Z ct AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TOGETHER WITH THE RIGHT TO ALTER w GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A ADEQUATELY MAINTAIN THEM, THE GOVERNING ENTITY HAVING JURISDICTION OVER THE AREA IN MANNER THAT CONFLICTS WITH THE OPERATION MAINTENANCE OR REPAIR OF EXISTING UTILITY OR WHICH THE TRACT OR THE EASEMENT IS LOCATED, AT ITS DISCRETION, MAY ENTER UPON AND ' BY' MAINTAIN THE DRAINAGE AREAS, AND CHARGE THE HOMEOWNERS' ASSOCIATION THE COST OF co ------------------------------------------- THE MAINTENANCE. PUBLIC IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND MAYOR W EGRESS TO, FROM, AND ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED 7. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY TO PERMIT OTHERS TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES ATTEST: ____ EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE CITY CLERK FACILITIES IN PUFE'S ON THIS PLAT. PURPOSES UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS 8. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. FLOOD ZONE DESIGNATION OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING AS CONTEMPLATED BY THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND THE FOLLOWING FLOOD PLAIN DESIGNATION AND ASSOCIATED COMMENTS ARE COPIED DIRECTLY FROM THE FEDERAL ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE INTERGOVERNMENTAL AGREEMENT DATED AS OF FEBRUARY 22, 2022, RECORDED IN INSTRUMENT NO. EMERGENCY MANAGEMENT AGENCY (FEMA) WEBSITE. HILGARTWILSON, LLC AND THE UNDERSIGNED REGISTERED OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. 2022-021689 OF THE OFFICIAL RECORDS OF PINAL COUNTY, AS THE SAME MAY BE AMENDED FROM PROFESSIONAL LAND SURVEYOR MAKE NO STATEMENT AS TO THE ACCURACY OR COMPLETENESS OF THE FOLLOWING 9. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE FINAL PLAT SHALL HAVE TIME TO TIME (THE "CFD DEVELOPMENT AGREEMENT"), CERTAIN PUBLIC INFRASTRUCTURE FLOOD ZONE DESIGNATION STATEMENT. THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE FINAL PLAT ON THE IMPROVEMENTS TO BE FINANCED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1 HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND SUCCESSORS IN INTEREST d (THE "CFD") ARE TO BE CONSTRUCTED WITHIN THE DEDICATED RIGHTS-OF-WAY, TRACTS AND THE SUBJECT PROPERTY LIES WITHIN SHADED ZONE "X" WITH A DEFINITION OF: 0.2-PERCENT-ANNUAL-CHANCE AND/OR BENEFITING PROPERTIES. EASEMENT AREAS DESIGNATED ON THIS PLAT (HEREINAFTER REFERRED TO COLLECTIVELY AS THE FLOODPLAIN, AREAS OF 1-PERCENT-ANNUAL-CHANCE (BASE FLOOD) SHEET FLOW FLOODING WITH AVERAGE DEPTHS 10. SHOULD THE HOMEOWNERS' ASSOCIATION NOT PAY PROPERTY TAXES ON ANY TRACT THEY OWN z "DISTRICT IMPROVEMENTS" EXCEPT AS PROVIDED IN THE NEXT PARAGRAPH). NOTWITHSTANDING SUCH OF LESS THAN 1 FOOT, AREAS OF BASE FLOOD STREAM FLOODING WITH A CONTRIBUTING DRAINAGE AREA OF LESS WITHIN THE SUBDIVISION AT ANY TIME IN THE FUTURE AND LOSE THE PROPERTY THROUGH TAX o DEDICATIONS, NO DISTRICT IMPROVEMENTS NOW OR HEREAFTER LOCATED ON OR UNDER THE LAND THAN 1 SQUARE MILE, OR AREAS PROTECTED FROM THE BASE FLOOD BY LEVEES. NO BFES OR DEPTHS ARE SHOWN FORECLOSURE OR FORFEITURE OR DISSOLVE, THE CITY OR THE GOVERNING ENTITY HAVING THAT IS HEREBY BEING DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE DEEMED TO HAVE IN THIS ZONE, AND INSURANCE PURCHASE IS NOT REQUIRED. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP JURISDICTION OVER THE AREA IN WHICH THE TRACT OR THE EASEMENT IS LOCATED, SHALL Q BEEN DEDICATED TO OR ACCEPTED BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL 04021 CO200E, PANEL NUMBER 200 OF 2575, EFFECTIVE DATE DECEMBER 4, 2007. ASSESS, LIEN, AND/OR COLLECT FROM ANY SUCCESSOR IN INTEREST AND/OR BENEFITING CONVEYANCE AND ACCEPTANCE OF SUCH DISTRICT IMPROVEMENTS BY THE CITY OR OTHER PROPERTIES THE COST OF MAINTENANCE OF ALL IMPROVEMENTS, DRAINAGE FACILITIES, GOVERNMENTAL ENTITY. A PORTION OF THE SUBJECT PROPERTY LIES WITHIN ZONE "A" WITH A DEFINITION OF: 1-PERCENT-ANNUAL-CHANCE LANDSCAPING AND AMENITIES. 0 0 (BASE FLOOD) FLOODPLAINS THAT ARE DETERMINED FOR THE FLOOD INSURANCE STUDY (FIS) BY APPROXIMATE z NOTWITHSTANDING THE FOREGOING DEDICATIONS, OWNER HEREBY RESERVES AN INTEREST IN ANY OF METHODS OF ANALYSIS. BECAUSE DETAILED HYDRAULIC ANALYSES ARE NOT PERFORMED FOR SUCH AREAS, NO BASE 0 z THE FOREGOING REAL PROPERTY UPON WHICH "PUBLIC INFRASTRUCTURE" AS SUCH TERM IS DEFINED FLOOD ELEVATIONS (BFES) OR DEPTHS ARE SHOWN IN THIS ZONE. MANDATORY FLOOD INSURANCE PURCHASE n IN SECTION 48-701, ARIZONA REVISED STATUTES, HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING REQUIREMENTS APPLY. DESIGNATION DETERMINED BY FEMA FLOOD ZONE MAP 04021 CO200E, PANEL NUMBER 200 OF CERTIFICATION o Q co CK THE DISTRICT IMPROVEMENTS. EXCEPT AS OTHERWISE PROVIDED IN THE LAST SENTENCE OF THIS 2575, EFFECTIVE DATE DECEMBER 4, 2007. THIS IS TO CERTIFY THAT THIS PLAT IS A CORRECT REPRESENTATION OF ALL THE Q PARAGRAPH, SUCH INTEREST IS TO BE ACQUIRED BY THE CFD. SUCH INTEREST IS LIMITED TO ONE EXTERIOR BOUNDARIES OF LAND SURVEYED AND THE SUBDIVISION OF IT; THAT I HAVE NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE PREPARED THE DESCRIPTION OF THE LAND SHOWN ON THE PLAT AND I HEREBY c' Q INCLUDING OF SUCH INTEREST IN SUCH REAL PROPERTY PURSUANT TO THE CFD DEVELOPMENT D 0 ( ) CERTIFY TO ITS CORRECTNESS AND THAT ALL LOTS ARE STAKED OR WILL BE STAKED AGREEMENT. SUCH INTEREST IS TO BE RELEASED UPON THE EARLIER OF THE ACQUISITION OF SUCH LOT TABLE AND ALL MONUMENTS ARE SET OR WILL BE SET WITHIN ONE 1 YEAR AFTER E E ( ) z PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD DEVELOPMENT AGREEMENT OR PARCEL 19.2 - LOTS 38-44 SITE SUMMARY TABLE RECORDATION. 0 DECEMBER 31, 2056. LOT NO. AREA (SQ.FT) AREA (ACRES) ZONING MPC IN WITNESS WHEREOF: LOT : 38 6,489 0.1490 OVERALL GROSS AREA 45,773 SQ.FT. 1.0508 AC. BRIAN J. BENEDICT N TOTAL LOT AREA 45,773 SQ.FT. 1.0508 AC. RLS 32222 �� �F►carFti�'��.< J o m D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HAS HEREUNDER CAUSED ITS NAME TO LOT : 39 6,512 0.1495 HILGARTWILSON, LLC 32222 O (o Lw m BE SIGNED AND THE SAME TO BE ATTESTED TO BY THE SIGNATURE OF ____ ______, ITS TOTAL NUMBER OF LOTS 7 2141 E. HIGHLAND AVE., STE. 250 `r BRIAN J. z THEREUNTO DULY AUTHORIZED THIS _____ DAY LOT : 40 6,522 0.1497 PHOENIX, ARIZONA 85016 oBENEDICT o o o > OF---------------- -----• °t 6/1/23•. ' Z P: 602.490.0535 es�gned..•••' z O LOT 41 6,527 0.1498 9�'/ZpNA U 5 P w -1 3 ry bbenedict@hilgartwilson.com ry O F- Q Q D_ D.R. HORTON, INC., A DELAWARE CORPORATION Q ry Q o cr- o- LOT : 42 6,528 0.1499 a o o Q BY: -------------------------------- ________________ __________ __________________ ____________ LOT : 43 6,516 0.1496 SEAL AND SIGNATURE OF THE ARIZONA REGISTERED LAND SURVEYOR o DWG. N0. ITS: ---------------------------------- N LOT : 44 6,678 0.1533 � RP01 0 0 SH T. 1 OF 2 U:\1600\1635\SURVEY\PLAT\PARCEL 19.2-LOTS 38-44-REPLAT\1635-P19.2-LOTS-38-44-RP01.dwg 6/1/2023 3:02 PM M d N w E M 00 N s O 0 O N i Lo 8 co o s 0 3 7 N 40' MIN-°-r-40' MIN-°-) Lo z u.i 16 4 ^ o ' I R/W 9 w Lo L=829.22 L=903.11' _ ------ - O I 8 j 13' PUFE - - - - - - - - o N -.- R=946_ 4__ 0_ =5°28 v 1 16 9 r r z a ---- SABLE AVEN 2, E=44.42' I �� 16' I BC ! I i I mi - ------- - L=49.2 E5' SW I m l x W ___------- 16 I R/W 1 I I � - --_____-- - - - E=832.93 E=49.22' - _ _ _ - - - -1.42' I I ( xx L=47.34 _ _ _ - - - - _ 27.21 I 1 i 5 BSL I 5 BSL `- Iq L=49.85 _ _ _ - - - - w 1 I I 5' BSL 5' BSL � L=49.85 _ _ _ _ - - - ,y O I i --� i -"'f N ' 11 L=49.85' I L=45.72 - I - - - - - - - - - -- - - - - _" 0l1 I I i 33 X33 (2) 10'X16' o �U,I I I II 9 I VISIBILITY SIGHT PARKING SPACES i o I O rn I j I IN GARAGE �. VNAEI' I I ( I TRIANGLE i FACE I = 1 VNAE I I �, O vl-`� COI I OF ,Lu � C9 I i« o 6 V_ 45 I II 1 j 9 I vv I GARAGE i o �- - N � 46 NI i m I ybt I CD N � w a� 4 7 � N �I 1 I c,, 1 i I o ��� I � � _ of i� W 49 - 48Lo 01 I i I I I I I Z LA Nl 50 ;s, '�' o �' I I o I i -- - - ----- - - - --- ----- - - -�- Go - -I 51 co z i t 1 M U 52 WI �N � Lo Lo� z 1 13' PUFE I j � tw of I o `n 59 PCR i it II I 11 � to m 20' MIN w to -0044 , I o Q �I iz - PARCEL 19.2 FEE N0. 2023 ' N I _ _ _ _ _ - - - - °I, - _(FOR FRONT LOADING GARAGE) Q 01 A II 'o 0 TYPICAL CORNER LOT 11 YP'I�CAt������, LOT N Z Z cn I STAS - PHASE 1 » 99.70 49.39 c� c ---- I I SUPERSTITION V� - O 1 N84°25 24 E, 1 49.89 ' '-� N -� II TYPICAL LOT DETAIL �' a N 49.67 c� I I 49.85 49.89 QQ i 149.05 50.53 49 84' 1 1 � I � � 40' x 120' ; 50' x 120' W � Q N84°48'20"E 47.99' ' 1 1 m 49 35 49.84 I lO *MIN 13' BSL FOR LOTS THAT FRONT PUFE V I 50.53 ' �', II PERIMETER SETBACK WHERE SHOWN ON PLAN < O~ p I 50.53' I 49.85 0.50' \vi 0 I SCALE: N.T.S. 50.53' TRACT F 49.85' o 00 50.53' I I 1 I _ ° .� w z zo 1 .P I I W w I I o coo II m I w rn o It's 12 Ln of o 43 44 \ �, 16' II O Nl N i w 41 Lo 42 o O R/W 1 _ Q 40 i-) d" Lo 1 cn 1 16' I on \ - -- ~ z wi i w 39 0 rn `" CA -- _ , - - v� Q IL 38 '- co zn z O1' VNAE I 1 R/W \ 37 of 04 N I _cto z I ��� \ p w of N I con .._1 � p ' 7- -5 .63 1' VN AE AEO p3 i W V L=50.52 CL = 0.52 / 50.52 L=50.52 L - V 4 i .52' L=50.52' _9739.00' D-2°05'34" L_355.7 __-- _ _____ - --------\ ol _ _ _ I L=46.97' L=50 R _ C3 L=51.21' -..--R=9755.00' D_ _5-5- L 8---6-_ i I � -"--- AVENUE-__ - ----- SEAVE EN E=82EN _ _ _ - - - - - - - - , i TRACT A _ _ - - - - _ _ - - i i 0 I I 1 j i 14 13 LINE TABLE N Q I I j j 16 15 LINE NO. DIRECTION LENGTH 18 7 L1 S37°46'55"W 1.39' zz I i i 20 19 Q c� 21 1 1 1 L2 S37°46'55"W 27.94' 30 0 30 60 I ! I L3 S52°11'57"E 28.63' Q CK SCALE: 1" = 30' U E Q Z LEGEND co o FOUND MONUMENT AS NOTED R/W RIGHT-OF-WAY 1= M z KD FOUND BRASS CAP IN HAND HOLE PUE PUBLIC UTILITY EASEMENT CURVE TABLE v M oN O m o FOUND BRASS CAP FLUSH PUFE PUBLIC UTILITY AND FACILITIES EASEMENT \F CA ��'� J (o w m �� CURVE NO. RADIUS DELTA LENGTH �� F SET 1/2 REBAR W/ CAP, VNAE VEHICLE NON-ACCESS EASEMENT `' 32222 ° � o o Q o RLS 32222 OR AS NOTED C1 45.00' 19°04'56" 14.99' BRIAN J. J Z PCR PINAL COUNTY RECORDS BENEDICT �E Lv BOUNDARY LINE a rz O I- Q Q I___ 7) Lv ote RLS REGISTERED LAND SURVEYOR C2 46.00 129°37 55" 104.08, S/gned.6/1/23..�-` Q � Q U Q SECTION LINE APN ASSESSOR PARCEL NUMBER 9R�2ONA \3 5 P CD o N o Q CENTER LINE C3 45.00' 18°59'40" 14.92' _ - - - RIGHT OF WAY 33X33' SIGHT VISIBILITY EASEMENT C4 36.00 91°26'51" 57.46' o DWG. NO. PARCEL LINE O FEE NO. 2023-004459, PCR N - - - - - - - - - EASEMENT LINE RP02 0 C-) SH T. 2 OF 2 U:\1600\1635\SURVEY\PLAT\PARCEL 19.2-LOTS 38-44-REPLAT\1635-P19.2-LOTS-38-44-RP02.dwg 6/1/2023 3:03 PM Q City of Apache Junction / F��w Development Services Department ' CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE: July 18, 2023 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS: Final Plat for Superstition Vistas, Phase 1A Parcel 19 . 2 - Lots 38 through 44 (SV- 22-2) OWNERS: D.R. Horton APPLICANT: Jose Castillo, D.R. Horton REQUEST: Approval of Final Plat for Superstition Vistas - Phase 1A - Parcel 19 . 2 to increase the width of lots 38 through 44 . No other changes have been proposed to the previously approved final plat. LOCATION: The property is generally located near the northwest corner of Ray Avenue and Reverence Road GENERAL PLAN/ ZONING DESIGNATION: Master Planned Community ("MPC") /currently zoned Master Planned Community ("MPC") SURROUNDING USES: North: MPC Radiance parcel 19 . 12 South: MPC Retained Property East: MPC Radiance parcel 19 . 3 West: MPC Radiance parcel 19 . 1 "SV-22-2, Superstition Vistas-Phase I-Parcel 19.2-Lots 38 -44" July 18,2023 City Council Staff Report 1 BACKGROUND On October 5, 2021, the City of Apache Junction approved the Auction Property at Superstition Vistas Master Planned Community plan. In 2022, D.R. Horton submitted a preliminary plat for Parcel 19 . 2 which was administratively approved by staff (the "Subdivision Committee" per the MPC) . Staff 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 . On August 16, 2022, the Apache Junction City Council approved 19 . 2 final plat facilitating a 105-lot residential subdivision. Most recently, D.R. Horton has submitted a "replat" of parcel 19 . 2 in order to increase the lot size width of lots 38 through 44 . No other changes have been made from the previously approved August 16, 2022 final plat. PROPOSALS The final plat requests approval for lot width increases for lots 38 through 44; no other changes have been made from the previously approved final plat. The property is generally located near the northwest corner of Ray Avenue and Reverence Road. The primary community entrance is located via Reverence Road. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Master Planned Community" . The proposed density of 3 . 19 du/acre is consistent with the City of Apache Junction' s General Plan and density limits as established by the Auction Property at Superstition Vistas Master Planned Community plan. Infrastructure Improvements: Road improvements and necessary utility infrastructure improvements have been built and dedicated to the city prior to the final inspection and approval of any individual residential lots . "SV-22-2, Superstition Vistas-Phase I A-Parcel 19.2-Lots 38 -44" July 18,2023 City Council Staff Report 2 PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed final plat for Superstition Vistas - Phase lA - Parcel 19 . 2 - Lots 38 through 44, because of its conformance with the preliminary plat, the Auction Property at Superstition Vistas Master Planned Community plan, the Superstition Vistas Master Infrastructure Reports and the previously approved August 16, 2022 final plat 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-22-2, final plat for Superstition Vistas, Phase 1A - Parcel 19 . 2 - Lots 38 through 44, as requested by D.R. Horton (applicant) , for a residential subdivision, generally located at the northwest corner of Ray Avenue and Reverence Road. s6&vwy urn Prepared by Sidney Urias Planning Manager Attachments : Exhibit #1 -Final Plat for Superstition Vistas - Phase lA - Parcel 19 . 2 - Lots 38 through 44 "SV-22-2, Superstition Vistas—Phase I-Parcel 19.2—Lots 38 -44" July 18,2023 City Council Staff Report City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 23-371 Sponsor: Sidney Urias Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of Map of Dedication for Warner Avenue Phase 5 (SV-22-54-BI). City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 MAP OF DEDICATION FOR WARNER AVENUE PHASE 5 BEING A PORTION OF "PARCEL 1" AS SHOWN ON THE FINAL PLAT FOR INFRASTRUCTURE FOR "SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 IRONWOOD DRIVE - PHASE 2", RECORDED IN FEE NO. 2023-023735, PINAL COUNTY RECORDS AND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18 AND THE NORTH HALF OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA DEDICATION ACKNOWLEDGEMENT NOTES STATE OF ARIZONA ) STATE OF ARIZONA ) 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT-OF-WAY TO THE BACK OF WARNER AVENUE ALIGNMENT S.S ) S S CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION, AS APPLICABLE, OR — — COUNTY OF PINAL ) THE ABUTTING LOT, TRACT OR PARCEL OWNER. COUNTY OF PINAL 2. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUND AS KNOW ALL MEN BY THESE PRESENTS: ) � � SUBJECT � OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING AREA W THAT THE STATE OF ARIZONA, BY AND THROUGH THE ARIZONA STATE LAND DEPARTMENT AS OWNER, DOES HEREBY PUBLISH ON THIS DAY OF . 2023, BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED ORDINANCE, VOL. II, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE p > THIS MAP OF DEDICATION FOR "WARNER AVENUE PHASE 5" BEING A PORTION OF "PARCEL 1" AS SHOWN ON THE FINAL PLAT OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. Q 0� FOR INFRASTRUCTURE FOR "SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 IRONWOOD DRIVE - PHASE 2", RECORDED IN WHO ACKNOWLEDGE HIMSELF/HERSELF TO BE THE PERSON WHOSE 0 p NAME IS SUBSCRIBED TO THE INSTRUMENT WITHIN, AND WHO EXECUTED FOREGOING INSTRUMENT FOR THE PURPOSES 3. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT-OF-WAY SHALL BE MAINTAINED BY THE FEE N0. 2023-023735, PINAL COUNTY RECORDS AND LOCATED IN THE SOUTHEAST QUARTER OF SEC110N 18 AND THE NORTH z SECTION 19 C� HOMEOWNERS ASSOCIATION UNLESS OTHERWISE SPECIFIED WITHIN THE MAINTENANCE AND/OR ��__.. _._ �__ � O HALF OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, AS Q 0— — — T1S, R8E, SHOWN HEREON, AND HEREBY DECLARES THAT THIS MAP OF DEDICATION SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS THEREIN CONTAINED. DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE DEVELOPER. G&SRM 0 OF EACH OF THE STREETS AND EASEMENTS CONSTITUTING SAME, AND THAT EACH OF THE STREETS AND EASEMENTS SHALL BE 4. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE MAP OF DEDICATION z KNOWN BY THE NAME, OR LEVER GIVEN TO IT RESPECTIVELY SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE MAP OF ui O EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. NOTARY PUBLIC DEDICATION ON THE HOMEOWNERS' ASSOCIATON OR ALL FUTURE OWNERS, ASSIGNS AND _ SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF APACHE JUNCTION. 5. PURSUANT TO SEC11ON 4.7.8.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, HEREBY DEDICATES TO THE CITY OF MY COMMISSION EXPIRES CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL RAY AVENUE ALIGNMENT APACHE JUNCTION FOR USE AS SUCH THE PUBLIC UTILITY AND FACILITY EASEMENTS, AS SHOWN ON THE SAID PLAT AND RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS INCLUDED IN THE ABOVE DESCRIBED PREMISES. THE DEDICA11ON OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A WHICH MAY INCLUDE RADIANCE COMMUNITY ALLIANCE, INC., OR RADIANCE RESIDENTIAL DEDICATION TO THE REAL PROPERTY MARKETY OF APACHE D D AS PUBLIC UTILITYANND FACILITIES OR THE CITYS USE AS PUBLIC EASEMENTS IS A DEDICATION RIGHT-OF-WAY. OF A PUBLIC UTILITY AND DEDICATION CITIES ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED WITHIN AND VICINITY MAP APPROVALS ADJACENT TO THE ROAD RIGHTS-OF-WAY WITHIN THE SUBDIVISION SHOWN ON THIS PLAT. EASEMENT TO THE CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, NOT TO SCALE REPAIR, RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, THIS FINAL PLAT HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND 6. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY GAS, ELECTRIC, STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, DEVELOPMENT CODE AND ANY OTHER APPLICABLE ORDINANCE AND REGULA11ONS AND THAT ASSURANCES EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS COMMUNICATION AND SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, WILL BE PROVIDED PRIOR TO APPROVAL OF ALL RELATED IMPROVEMENT PLANS. FACILITIES IN PUFE'S ON THIS PLAT. STREET LIGHTS, STREET PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TOGETHER OWNER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A MANNER THAT CONFLICTS WITH THE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE STATE OF ARIZONA THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND ACROSS THE EASEMENT SITE DATA TABLE C/O ARIZONA STATE LAND DEPARTMENT PROPERTY. ADDITIONALLY, THE CITY IS AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC UTILITY AND FACILITY EASEMENT 1616 W ADAMS STREET PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES RIGHT—OF—WAY AREA 265,838 SQ.FT. 6.1028 AC PHOENIX, ARIZONA 85007 — UNLESS APPROVED OTHERWISE BY THE CITY OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF EXISTING & PROPOSED ZONING MPC PHONE: 602-542-4631 0 AND NONEXCLUSIVE EASEMENTS. CONTACT: MARK EDELMAN 0 2023. AND THE CITY COUNCIL ACCEPTS THE RIGHTS—OF—WAY DEDICATED HEREIN OWNERS HEREBY DEDICATE THE TEMPORARY DRAINAGE EASEMENTS FOR USE AS SUCH. THE HOMEOWNERS ASSOCIATION, AS ON BEHALF OF THE PUBLIC. THE SUBDIVIDER HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE THAT THE AREA HAS BEEN DESIGNATED SHEET INDEX DEVELOPER APPLICABLE, WILL HAVE THE RESPONSIBILITY FOR MAINTENANCE OF THE TEMPORARY DRAINAGE EASEMENTS. BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED WATER SUPPLY. BROOKFIELD ASLD 8500 LLC 7i AS CONTEMPLATED BY THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT SHEET # DESCRIPTION TITLE14646 N KIERLAND BLVD., SUITE 165 Fl- DATED AS OF FEBRUARY 22, 2022, RECORDED IN INSTRUMENT NO. 2022-021689 OF THE OFFICIAL RECORDS OF PINAL COUNTY, 1 COVER SHEET COV SCOTTSDALE, ARIZONA 85254 N AS THE SAME MAY BE AMENDED FROM TIME TO TIME (THE "CFD DEVELOPMENT AGREEMENT'), CERTAIN PUBLIC INFRASTRUCTURE PHONE: 602-903-7506 IMPROVEMENTS TO BE FINANCED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1 (THE "CFD") ARE TO BE 2 MAP OF DEDICATION MOD CONTACT. ERIC TUNE, P.E. N CONSTRUCTED WITHIN THE DEDICATED RIGHTS-OF-WAY, TRACTS AND EASEMENT AREAS DESIGNATED ON THIS PLAT (HEREINAFTER BY: ATTEST. 3 DRAINAGE EASEMENT DETAILS DS CN REFERRED TO COLLECTIVELY AS THE "DISTRICT IMPROVEMENTS" EXCEPT AS PROVIDED IN THE NEXT PARAGRAPH). MAYOR CITY CLERK SURVEYOR NOTWITHSTANDING SUCH DEDICATIONS, NO DISTRICT IMPROVEMENTS NOW OR HEREAFTER LOCATED ON OR UNDER THE LAND THAT IS HEREBY BEING DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE DEEMED TO HAVE BEEN DEDICATED TO OR ACCEPTED SUNRISE ENGINEERING, INC BY THE CITY OR OTHER GOVERNMENTAL ENTITY UNTIL CONVEYANCE AND ACCEPTANCE OF SUCH DISTRICT IMPROVEMENTS BY THE 2045 S VINEYARD STE 101 CITY OR OTHER GOVERNMENTAL ENTITY. ACKNOWLEDGEMENT MESA, AZ 85210 RONNIE E. DORSEY, PLS o NOTWITHSTANDING THE FOREGOING DEDICATIONS, OWNER HEREBY RESERVES AN INTEREST IN ANY OF THE FOREGOING REAL STATE OF ARIZONA ) 480.768.8600 :5 Ln PROPERTY UPON WHICH "PUBLIC INFRASTRUCTURE" AS SUCH TERM IS DEFINED IN SECTION 48-701, ARIZONA REVISED STATUTES, j S.S SENTENCE OF THIS PARAGRAPH, SUCH INTEREST IScn HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING TOBE ACQUIREDHE DISTRICT BY THE CFD.XSUCH INTERECEPT AS ST ISSLIMITED PROVIDED THE LAST COUNTY OF PINAL TO ONE BASIS OF BEARING s THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF . 2023, NECESSARY TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE (INCLUDING OF SUCH THE BASIS OF BEARING FOR THIS SURVEY IS THE EAST LINE OF THE NORTHEAST INTEREST IN SUCH REAL PROPERTY) PURSUANT TO THE CFD DEVELOPMENT AGREEMENT. SUCH INTEREST IS TO BE RELEASED BY ROBYN SAHID, COMMISSIONER OF THE ARIZONA STATE LAND DEPARTMENT, STATE OF ARIZONA, ON BEHALF THEREOF. QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND UPON THE EARLIER OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD SALT RIVER MERIDIAN BEING SOUTH 01 T35" EAST BETWEEN A PINAL COUNTY PUBLIC DEVELOPMENT AGREEMENT OR DECEMBER 31, 2056. WORKS DEPARTMENT BRASS CAP IN HANDHOLE MARKING THE NORTHEAST CORNER OF SAID SECTION 19 AND A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN WITNESS WHEREOF: NOTARY PUBLIC IN HANDHOLE MARKING THE EAST QUARTER CORNER OF SAID SECTION 19. o THE STATE OF ARIZONA, BY AND THROUGH THE ARIZONA STATE LAND DEPARTMENT AND BROOKFIELD ASLD 8500, LLC, AS E DEVELOPER, HAS HEREUNDER CAUSED ITS NAME TO BE SIGNED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF MY COMMISSION EXPIRES FLOOD PLAIN T ITS THEREUNTO DULY AUTHORIZED THIS DAY OF SUBJECT PROPERTY LIES IN FLOOD ZONE "X" AND ZONE "A" PER FLOOD INSURANCE . 2023. RATE MAP (FIRM) PANEL N0. 04021 CO200E DATED DECEMBER 4, 2007. SPECIAL FLOOD HAZARD ZONE 'X" IS DESCRIBED AS: "AREAS OF MINIMAL FLOOD HAZARD." SPECIAL co FLOOD HAZARD AREA ZONE "A" IS DESCRIBED "WITHOUT BASE FLOOD ELEVATION". THE STATE OF ARIZONA, BY AND THROUGH THE ARIZONA STATE LAND DEPARTMENT CL BY: o ROBYN SAHID, ITS COMMISSIONER CD U O BROOKFIELD ASLD 8500, A DELAWARE LIMITED LIABILITY COMPANY, AS DEVELOPER, HAS HERETO CAUSED ITS NAME TO BE E AFFIXED AND THE SAME TO BE ATTESTED BY THE SIGNATURE OF THE UNDERSIGNED OFFICERS THIS DAY OF o 2023. o m 1 -0 BROOKFIELD ASLD 8500, LLC, A DELAWARE LIMITED LIABILITY COMPANY SURVEYOR'S CERTIFICATION oTHIS IS TO CERTIFY THAT THE SURVEY AND SUBDIVISION OF THE PREMISES DESCRIBED AND BY. BROOKFIELD RESIDENTIAL (ARIZONA) LLC A DELAWARE LIMITED LIABILITY COMPANY, ITS MANAGER PLAITED HEREON WAS MADE UNDER MY DIRECTION DURING THE MONTH OF DUNE, 2023; THAT � S U N R I S E� m THE SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT THE MONUMENTS SHOWN ACTUALLY � ENGINEERING BY. EXIST OR WILL BE SET AS SHOWN;THAT THEIR POSITIONS ARE CORRECTLY SHOWN; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. REo AND 2045 SOUTH VINEYARD, SUITE 101 I CA T ITS: s� MESA, ARIZONA 85210 ����� �� F F R���o �� do TEL 480.768.8600 • FAX 480,768.8609 4 38862 www.sunrise-eng.com RONNIE E. BY. °°RSEY MAP OF DEDICATION Ll 1 COVER SHEET �R2o NA,�� ITS: pires3-3�,2� WARNER AVENUE PHASE 5 SEI NO. SURVEYED I DRAWN CHECKED I SHEET NO. Co 09043 DSN HTO RED 1of3 RIGHT-OF-WAY DESCRIPTION A POR11ON OF "PARCEL 1" AS SHOWN ON THE FINAL PLAT FOR INFRASTRUCTURE FOR "SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 IRONWOOD DRIVE — PHASE 2", RECORDED IN FEE NO. 2023-023735, PINAL COUNTY RECORDS AND LOCATED IN THE SOUTHEAST QUARTER OF SEC11ON 18 AND THE NORTH HALF OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE NORTHEAST CORNER OF SAID SECTION 19, FROM WHICH A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS SOUTH 017'35" EAST A DISTANCE OF 2641.12 FEET, THENCE SOUTH 89°4631" WEST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE SYMBOL L T G E N D ABBREVIATIONS OF 101.66 FEET TO THE POINT OF BEGINNING; FOUND PLSS SECTION MONUMENT, AS NOTED E EAST THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89°4631" WEST A DISTANCE OF 398.34 FEET TO THE BEGINNING OF FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY HAVING A RADIUS OF 2500.00 FEET, A CENTRAL ANGLE OF 22°55'06" AND A CHORD THAT BEARS G&SRM GILA AND SALT RIVER MERIDIAN A CURVE TO THE LEFT, SECTION CORNER, CALCULATED POSITION N NORTH SOUTH 7818'58" WEST, 993.35 FEET, NO. NUMBER PCR PINAL COUNTY RECORDS THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 1000.00 FEET; LINE TYPE LEGEND PLS PROFESSIONAL LAND SURVEYOR SUBJECT BOUNDARY PLSS PUBLIC LAND SURVEY SYSTEM THENCE SOUTH 66°51'25" WEST A DISTANCE OF 540.51 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A POB POINT OF BEGINNING RADIUS OF 3000.00 FEET, A CENTRAL ANGLE OF 30°3958" AND A CHORD THAT BEARS SOUTH 82°11'25" WEST, 1586.58 FEET; SUBJECT EASEMENT POC POINT OF COMMENCEMENT EXISTING EASEMENT PUFE PUBLIC UTILITY AND FACILITY EASEMENT THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 1605.68 FEET, — PLSS SECTION LINE T TOWNSHIP PLSS SUB—SECTION LINE R RANGE THENCE NORTH 82°28'36" WEST A DISTANCE OF 583.29 FEET; APPROXIMATE FEMA ZONE S SOUTH BOUNDARY SVTE SIGHT VISIBILITY TRIANGLE EASEMENT THENCE NORTH 53°29'13" EAST A DISTANCE OF 93.51 FEET; W WEST THENCE SOUTH 82°2836" EAST A DISTANCE OF 516.07 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2935.00 FEET, A CENTRAL ANGLE OF 30°3958" AND A CHORD THAT BEARS NORTH 8211'25" EAST, 1552.21 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 1570.89 FEET; THENCE NORTH 66°51'25" EAST A DISTANCE OF 540.51 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2565.00 FEET, A CENTRAL ANGLE OF 22°55'06" AND A CHORD THAT BEARS NORTH 7818'58" EAST, 1019.18 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 1026.00 FEET; THENCE NORTH 89°46'31" EAST A DISTANCE OF 398.34 FEET; THENCE SOUTH 013'29" EAST A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. I DRAINAGE EASEMENT DRAINAGE EASEMENT SEE DETAIL A SHEET 3 OF 3 10' PUFE SEE DETAIL ON SHEET 3 OF 3 I NORTH QUARTER CORNER J SECTION 19, T1S, R8E, G&SRM — — N89°46'31"E 398.34' _ S89°46'31"W 6184.01' \ --'' 2795.51' — — _ 296.49' �� — — — — C4— L1 —�— — — — — — — — — — \ •� — S89°46'31"W 398.34' NORTHWEST CORNER / PARCEL 1 �� �� POB I SECTION 19, T1S, R8E, G&SRM / SUPERSTITION VISTAS I DEVELOPMENT UNITS 1 AND 2 NORTHEAST CORNER N / IRONWOOD DRIVE — PHASE 2 SECTION 19, T1S, R8E, G&SRM / FEE NO. 2023-023735, PCR / PINAL COUNTY o / N DRAINAGE EASEMENT --', PUBLIC WORKS DEPARTMENT N SEE DETAIL B SHEET 3 OF 3 ��051 BRASS CAP IN HAND HOLE Ln DRAINAGE EASEMENT / o / SEE DETAIL C SHEET 3 OF 3 0 \ I - = / 10' PUFE Ir-- , � ..._.-- - ---) I 10' PUFE � Q S8228'36"E 516.07' --- - — I _ I ( --- _ -- - `s' LL- N82 28'36»w ——— — —— — — i ——— ———— C3 65 APPROXIMATE r- Q 583.29' I C2 R/W FEMA ZONE "A" LIMIT ( o °� APPROXIMATE FEMA ZONE "X" LIMIT CD0� 0 �I a w Ln CD a- I cnI � O r0 d- O 0) CD EAST 1/4 CORNER CENTER OF SECTION 19 SECTION 19, T1S, R8E, G&SRM o T1S, R8E, G&SRM PINAL COUNTY PUBLIC WORKS DEPARTMENT o BRASS CAP IN HAND HOLE m BRED LAND \FICAT0 E F� SUNRISE O 38862 K,,LAXTRONNIEE. DORSEY ENGINEERING °° ed. 2045 SOUTH VINEYARD, SUITE 101 qRIZO3`, Sp. MESA, ARIZONA 85210 zo 2� TEL 480.768.8600 • FAX 480.768.8609 �xp%res 3—31' www.sunrise-eng.com �T7H MAP OF DEDICATION SCALE WARNER AVENUE PHASE 5 0 150' 300, "THIS PLAT IS FOR MUNICIPAL REVIEW AND NOT FOR RECORDATION" HORIZ: 1" = 150' SEI NO. SURVEYED DRAWN CHECKED SHEET NO. SOD 09043 DSN HTO RED 2of3 _ S82°_ ��'36 E 84.57' I I I I oI I r 10' PUFE 1 "' oI N f I � I � O DRAINAGE EASEMENT I —I I CD cn CD �I `�' I CURVE TABLE 431.50 L DRAINAGE EASEMENT S82 2g'36"E _ - ___ I e,-I � CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST 516.07' --.._ I �" 1- I zi i CD � Cl 22°55'06" 2500.00 1000.00' S7818'58"W 993.35' _ ( C2 30°39'58" 3000.00 1605.68' S82'11'25"W 1586.58' =68.65' �_ - --- _ _ _ I 65' L=78.78' ,� ^ - ------ -- - - _ _ _ I C3 30°39'58" 2935.00 1570.89' N8211'25"E 1552.21' R/W L=210.45' -- - - --- - --- -I --- - -- ---i- - L=89.02 - C4 22°55'06" 2565.00 1026.00' N78'18'S8"E 1019.18' N82 28'36" ° � " � ° � W 583.29 C5 1 2O 25 2820.00 65.96 S83 08 49"E 65.96 C6 4*06'15" 2805.00 200.92' S87°24'43"E 200.88' I C7 4°3338" 2805.00 223.27' N71°24'19"E 223.21' SCALE 0 40' 80' C8 4°3832" 2695.00 218.35' N74°28'44"E 218.29' HORIZ: 1" = 40' DETAIL C o° \ v- 8' PUFE PER I \�` FEE NO. 2023-023735, PCR Z\ DRAINAGE EASEMENT \�o, / 656 LINE TABLE RIGHT OF WAY PER FEE NO. 2008-076344, PCR N I rn\ LINE # DIREC11ON LENGTH w \ L1 S89°46'31"W 101.66' - - - - - - - - - \ 2� " 93.51 4 N8 L2 N532913E 9°42'50"E 37. 6' - - - 4 - DRAINAGE EASEMENT PER FEE NO. 2023-023735, PCR I o I J L3 SO'13'29"E 65.00' L4 N013'29"W 8.00' L5 N89°46'31"E 7.71' / ``' 10' PUFE -'" °��/ DRAINAGE EASEMENT L6 N44°4534"E 2.83' `O/ o I T I _ 65 ,off/ `r' I C, / 1 CN C3 �/ S89°42'50"W 35.40 10' PUFE - --- - ----- IL L4 -) C2 SCALE 23.64' - 65.39' _ L5Ln 0 60' 120' N89°4631"E 398.34' cn I I DETAIL B HORIZ: 1" = 60' 1 0 O � I i I � SCALE 0 60' 120' 75' R/W PER I ICD FEE N0. 2023-023735, PCR I i HORIZ: 1" = 60' 8' PUFE PER > FEE NO. 2023-023735, PCR I I / SEE DETAIL ON THIS SHEET m I I \� 10 PUFE r? __ CD r" - N89°46 31 E 398.34 0 \ DRAINAGE EASEMENT \o - 65' o `CD R/W POB cn ' S89°46'31"W 398.34' 1 L1 T 0 LAND s� O\ ' I vF I CATS �L� /"� O L NORTHEAST CORNER ��� d "° °� ° = SECTION 19 T1S R8E G&SRM 38SUNRISE 862 ��� i ' ' ' RONNIE E. PINAL COUNTY ENGINEERING APPROXIMATE PUBLIC WORKS DEPARTMENT �oRSEY FEMA ZONE "A" BRASS CAP IN HAND HOLE o°esgned � 2045 SOUTH VINEYARD, SUITE 101 LIMIT POC ' qR ZONA,�s? MESA, ARIZONA 85210 Fxp%res 3-31 2� TEL 480.768.8600 • FAX 480.768.8609 www.sunrise-eng.com APPROXIMATE - 65' R/W PER FEMA ZONE "X" FEE NO. 2023-023735, PCR MAP OF DEDICATION LIMIT / 32' R/W PER FEE NO. 2008-076344, PCR i WARNER AVENUE PHASE 5 DETAIL A R771 SEI NO. SURVEYED DRAWN CHECKED SHEET NO. DS 09043 DSN lHT0 RED 3 of 3 City ofApache Junction /�I F��w Development Services Department ' CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE: July 18, 2023 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS: Map of Dedication for Warner Avenue Phase 5 (SV-22-54-BI) OWNERS: Brookfield Residential APPLICANT: Brookfield ASLD 8500 LLC REQUEST: Approval of Map of Dedication for Warner Avenue Phase 5 LOCATION: Section 19 BACKGROUND Brookfield Residential is requesting approval of a Map of Dedication for Warner Avenue Phase 5 . Warner Avenue Phase 5 will serve as a primary east-west arterial between sections 18 and 19 . Warner Avenue Phase 5 segment commences at the existing powerline drainage easement and stops at Ironwood Drive . PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Map of Dedication because of its conformance with the Auction Property at Superstition Vistas Master Planned Community Plan and the Superstition Vistas Master Infrastructure Reports, and respectfully recommends that the City Council approve the proposed Map of Dedication request . "SV-22-54-BI,Map of Dedication for Warner Avenue Phase 5" July 18,2023 City Council Staff Report 1 RECOMMENDED MOTION FOR MAP OF DEDICATION I move that the Apache Junction City Council approve SV-22-54- BI, Map of Dedication for Warner Avenue Phase 5, as requested by Brookfield Residential, generally located between section 18 and 19 . ,S 6&YU?�l U rtCW Prepared by Sidney Urias Planning Manager Attachments : Exhibit #1 - Map of Dedication for Warner Avenue Phase 5 (SV-22- 54-BI) "SV-22-54-BI,Map of Dedication for Warner Avenue Phase 5" Ju]yl8,2023 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.7. File ID: 23-372 Sponsor: Sidney Urias Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of Map of Dedication for Davis Drive (SV-23-4-BI). City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 MAP OF DEDICATION FOR DAVIS DRIVE LOCATED IN THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PINAL COUNTY, ARIZONA DEDICATION ACKNOWLEDGEMENT NOTES WARNER AVENUE ALIGNMENT STATE OF ARIZONA ) STATE OF ARIZONA ) 1. THE MAINTENANCE OF LANDSCAPING WITHIN THE PUBLIC RIGHT—OF—WAY TO THE BACK OF — 7 — S.S ) S.S CURB SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS' ASSOCIATION, AS APPLICABLE, OR COUNTY OF PINAL ) COUNTY OF PINAL ) THE ABUTTING LOT, TRACT OR PARCEL OWNER. KNOW ALL MEN BY THESE PRESENTS: ON THIS DAY OF . 2023, BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED 2. THE OVERHEAD UTILITY LINES ON OR ADJACENT TO THE SITE SHALL BE UNDERGROUNDED AS SUBJECT W OUTLINED IN § 1-8-6(K), RELOCATION OF OVERHEAD WIRES AND EQUIPMENT, ZONING AREA > THAT D.R. HORTON INC. A DELAWARE CORPORATION AS OWNER HAS SUBDIVIDED UNDER THE NAME OF "RADIANCE PHASE 2A" WHO ACKNOWLEDGED HIMSELF/HERSELF TO ORDINANCE, VOL. 11, APACHE JUNCTION CITY CODE. ALL EXISTING AND PROPOSED ONSITE Q 0� OVERHEAD UTILITY LINES SHALL BE PLACED UNDERGROUND. 0 I r) BEING LOCATED IN SECTION 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER MERIDIAN,PINAL COUNTY, SECTION 19 0 ARIZONA, AS SHOWN AND PLATTED HEREON AND HEREBY PUBLISHES THIS PLAT AS AND FOR THE PLAT OF RADIANCE PHASE 2A BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE INSTRUMENT WITHIN, AND WHO EXECUTED FOREGOING INSTRUMENT Z HEREBY DECLARES THAT SAID PLAT SETS FORTH THE LOCATION AND GIVES THE DIMENSIONS OF THE STREETS AND EASEMENTS 3. SIDEWALKS LOCATED OUTSIDE THE PUBLIC RIGHT—OF—WAY SHALL BE MAINTAINED BY THE Q - - — --- T1S, R8E, O CONSTITUTING SAME AND THAT EACH STREET SHALL BE KNOWN BY THE NAME GIVEN EACH RESPECTIVELY ON SAID PLAT. HOMEOWNERS' ASSOCIATION UNLESS OTHERWISE SPECIFIED WITHIN THE MAINTENANCE AND/OR — G&SRM O FOR THE PURPOSES THEREIN CONTAINED. / � D.R. HORTON, INC., A DELAWARE CORPORATION, AS OWNER, HEREBY DEDICATES TO THE PUBLIC, FOR USE AS SUCH, THE STREETS DEVELOPMENT AGREEMENTS BETWEEN THE CITY AND THE DEVELOPER. EE z AND EASEMENTS AS SHOWN ON SAID PLAT AND INCLUDED IN THE ABOVE DESCRIBED PREMISES. 4. THE CITY OR ANY GOVERNING ENTITY HAVING JURISDICTION OVER THE MAP OF DEDICATION O NOTARY PUBLIC SHALL HAVE THE RIGHT TO ENFORCE ALL NOTES SHOWN AND ASSOCIATED WITH THE MAP OF EASEMENTS ARE DEDICATED FOR THE PURPOSES SHOWN. DEDICATION ON THE HOMEOWNERS' ASSOCIATION OR ALL FUTURE OWNERS, ASSIGNS AND ( I I ALL STREETS SHOWN HEREON WILL BE DEDICATED TO AND MAINTAINED BY THE CITY OF APACHE JUNCTION. MY COMMISSION EXPIRES SUCCESSORS IN INTEREST AND/OR BENEFITING PROPERTIES. 5. PURSUANT TO SECTION 4.7.B.1 OF THE DEVELOPMENT AGREEMENT FOR SUPERSTITION VISTAS — — EACH OF THE OWNERS, AS TO THE PORTION OF THE PROPERTY OWNED BY THAT OWNER, HEREBY DEDICATES TO THE CITY OF BETWEEN THE CITY OF APACHE JUNCTION AND D.R. HORTON, INC., A DELAWARE RAY AVENUE ALIGNMENT APACHE JUNCTION FOR USE AS SUCH THE PUBLIC U1ILITY AND FACILITY EASEMENTS, AS SHOWN ON THE SAID PLAT AND INCLUDED CORPORATION, DATED OCTOBER 28, 2021 AND RECORDED AS FEE NO. 2021 140530, OFFICIAL IN THE ABOVE DESCRIBED PREMISES. THE DEDICATION OF REAL PROPERTY MARKED AS STREETS ON THIS PLAT IS A DEDICATION TO RECORDS OF PINAL COUNTY, ARIZONA, DEVELOPER, AND ITS SUCCESSORS AND ASSIGNS THE CITY OF APACHE JUNCTION, IN FEE, FOR THE CITYS USE AS PUBLIC RIGHT—OF—WAY. THE DEDICATION OF REAL PROPERTY WHICH MAY INCLUDE RADIANCE COMMUNITY ALLIANCE, INC., OR RADIANCE RESIDENTIAL VICINITY MAP MARKED AS PUBLIC UTILITY AND FACILITIES EASEMENTS IS A DEDICATION OF A PUBLIC UTILITY AND FACILITIES EASEMENT TO THE DEVELOPMENT SERVICES ASSOCIATION, INC.), SHALL MAINTAIN ANY AND ALL LANDSCAPING INSTALLED WITHIN AND NOT TO SCALE CITY, WITH SUCH DEDICATION INCLUDING THE FOLLOWING USES: TO CONSTRUCT, INSTALL, ACCESS, MAINTAIN, REPAIR, ADJACENT TO THE ROAD RIGHTS—OF—WAY WITHIN THE SUBDIVISION SHOWN ON THIS PLAT. RECONSTRUCT, REPLACE, REMOVE, UTILITIES AND FACILITIES (INCLUDING, BUT NOT LIMITED TO, WATER, WASTEWATER, GAS, ELECTRIC, THIS MAP OF DEDICATION HAS BEEN CHECKED FOR CONFORMANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE STORM WATER, PIPES, CONDUIT, CABLES, AND SWITCHING EQUIPMENT), CONDUCTORS, CABLES, FIBER OPTICS, COMMUNICATION AND AND ANY OTHER APPLICABLE ORDINANCE AND REGULATIONS AND THAT ASSURANCES WILL BE PROVIDED PRIOR TO APPROVAL 6. PUBLIC UTILITY AND FACILITY EASEMENTS (PUFE) WILL BE TREATED LIKE PUBLIC UTILITY SIGNAL LINES, TRANSFORMERS, VAULTS, MANHOLES, CONDUITS, PIPES AND CABLES, FIRE HYDRANTS, STREET LIGHTS, STREET OF ALL RELATED IMPROVEMENT PLANS. EASEMENTS WHEN DETERMINING WHO PAYS RELOCATION COSTS OF SRP AND SOUTHWEST GAS LEGEND PAVEMENT, CURBS, GUTTERS, SIDEWALKS, TRAFFIC SIGNALS, EQUIPMENT AND SIGNS, PUBLIC TRANSIT FACILITIES, SHELTERS AND FACILITIES IN PUFE'S ON THIS PLAT. SUBJECT BOUNDARY LINE IMPROVEMENTS, LANDSCAPING, STORM DRAINAGE, WATER RETENTION AND DETENTION, FLOOD CONTROL, AND ALL APPURTENANCES — PLSS SEC11ON LINE TO ALL OF THE FOREGOING, AND ALL SIMILAR AND RELATED PURPOSES TO THE FOREGOING, TOGETHER WITH THE RIGHT TO ALTER GROUND LEVEL BY CUT OR FILL (PROVIDED THAT GROUND LEVEL SHALL NOT BE ALTERED IN A MANNER THAT CONFLICTS WITH THE DEVELOPMENT SERVICES PRINCIPAL ENGINEER DATE - PLSS SUB—SECTION LINE OPERATION, MAINTENANCE, OR REPAIR OF EXISTING UTILITY OR PUBLIC IMPROVEMENTS) AND THE UNRESTRICTED RIGHT OF VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS TO, FROM, AND ACROSS THE EASEMENT PROPERTY. ADDITIONALLY, THE CITY IS SITE DATA TABLE OWNER AUTHORIZED TO PERMIT OTHERS TO USE THE PUBLIC U1ILITY AND FACILITY EASEMENT PROPERTY FOR ALL USES AND FACILITIES ALLOWED HEREIN. ALL OTHER EASEMENTS ARE HEREBY DEDICATED FOR THE PURPOSES UNLESS APPROVED OTHERWISE BY THE CITY OVERALL GROSS AREA 289,401 SQ.FT. 6.6437 AC D.R. HORTON OF APACHE JUNCTION, ALL EASEMENTS CREATED BY THIS PLAT ARE PERPETUAL AND NONEXCLUSIVE EASEMENTS. 2525 W. FRYE ROAD, SUITE 100 OWNERS HEREBY DEDICATE THE TEMPORARY DRAINAGE EASEMENTS FOR USE AS SUCH. THE HOMEOWNERS ASSOCIATION, AS MAYOR TOTAL RIGHT—OF—WAY 289,401 SQ.FT. 6.6437 AC CHANDLER, ARIZONA 85224 0 EXISTING & PROPOSED ZONING MPC APPLICABLE, WILL HAVE THE RESPONSIBILITY FOR MAINTENANCE OF THE TEMPORARY DRAINAGE EASEMENTS. APPROVED BY THE COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF 2023, AND THE CITY COUNCIL ACCEPTS THE RIGHTS—OF—WAY DEDICATED HEREIN ON BEHALF OF THE PUBLIC. THE SUBDIVIDER SURVEYOR AS CONTEMPLATED BY THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT HAS PROVIDED A CERTIFICATE OF ASSURED WATER SUPPLY AS REQUIRED BY ARIZONA REVISED STATUTES 45.576 OR EVIDENCE SUNRISE ENGINEERING, INC DATED AS OF FEBRUARY 22, 2022, RECORDED IN INSTRUMENT NO. 2022-021689 OF THE OFFICIAL RECORDS OF PINAL COUNTY, AS THAT THE AREA HAS BEEN DESIGNATED BY THE ARIZONA DEPARTMENT OF WATER RESOURCES AS HAVING AN ASSURED 2045 S VINEYARD STE 101 THE SAME MAY BE AMENDED FROM TIME TO TIME (THE "CFD DEVELOPMENT AGREEMENT"), CERTAIN PUBLIC INFRASTRUCTURE WATER SUPPLY. MESA, AZ 85210 IMPROVEMENTS TO BE FINANCED BY THE SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 1 (THE "CFD") ARE TO BE RON DORSEY, RLS CONSTRUCTED WITHIN THE DEDICATED RIGHTS—OF—WAY, TRACTS AND EASEMENT AREAS DESIGNATED ON THIS PLAT (HEREINAFTER 480.768.8600 0 REFERRED TO COLLECTIVELY AS THE "DISTRICT IMPROVEMENTS" EXCEPT AS PROVIDED IN THE NEXT PARAGRAPH). NOTWITHSTANDING o SUCH DEDICATIONS, NO DISTRICT IMPROVEMENTS NOW OR HEREAFTER LOCATED ON OR UNDER THE LAND THAT IS HEREBY BEING N DEDICATED TO THE CITY OF APACHE JUNCTION SHALL BE DEEMED TO HAVE BEEN DEDICATED TO OR ACCEPTED BY THE CITY OR BY: ATTEST: BASIS OF BEARING 6 OTHER GOVERNMENTAL ENTITY UN11L CONVEYANCE AND ACCEPTANCE OF SUCH DISTRICT IMPROVEMENTS BY THE CITY OR OTHER MAYOR CITY CLERK GOVERNMENTAL ENTITY. THE BASIS OF BEARING FOR THIS SURVEY IS THE EAST LINE OF THE NORTHEAST QUARTER OF SEC11ON 19, TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND NOTWITHSTANDING THE FOREGOING DEDICATIONS, OWNER HEREBY RESERVES AN INTEREST IN ANY OF THE FOREGOING REAL SALT RIVER MERIDIAN BEING SOUTH 0'1 T35" EAST BETWEEN A PINAL COUNTY PUBLIC 73 o PROPERTY UPON WHICH "PUBLIC INFRASTRUCTURE" AS SUCH TERM IS DEFINED IN SECTION 48-701, ARIZONA REVISED STATUTES, WORKS DEPARTMENT BRASS CAP IN HANDHOLE MARKING THE NORTHEAST CORNER o HAS BEEN OR IS TO BE CONSTRUCTED, INCLUDING THE DISTRICT IMPROVEMENTS. EXCEPT AS OTHERWISE PROVIDED IN THE LAST OF SAID SECTION 19 AND A PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HANDHOLE MARKING THE EAST QUARTER CORNER OF SAID SECTION 19 SENTENCE OF THIS PARAGRAPH, SUCH INTEREST IS TO BE ACQUIRED BY THE CFD. SUCH INTEREST IS LIMITED TO ONE NECESSARY o TO ACCOMMODATE THE FINANCING OF THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE (INCLUDING OF SUCH INTEREST IN SUCH co REAL PROPERTY) PURSUANT TO THE CFD DEVELOPMENT AGREEMENT. SUCH INTEREST IS TO BE RELEASED UPON THE EARLIER OF o THE ACQUISITION OF SUCH PUBLIC INFRASTRUCTURE ONLY BY THE CFD PURSUANT TO THE CFD DEVELOPMENT AGREEMENT OR FLOOD PLAIN DECEMBER 31, 2056. SUBJECT PROPERTY LIES IN FLOOD ZONE "X" AND ZONE "A" PER FLOOD INSURANCE 0 IN WITNESS WHEREOF: RATE MAP (FIRM) PANEL NO. 04021 CO200E DATED DECEMBER 4, 2007. SPECIAL FLOOD HAZARD ZONE 'X" IS DESCRIBED AS: "AREAS OF MINIMAL FLOOD HAZARD." SPECIAL D.R. HORTON, A DELAWARE CORPORATION, AS OWNER, HAS HEREUNDER CAUSED ITS NAME TO BE SIGNED AND THE SAME TO BE FLOOD HAZARD AREA ZONE "A" IS DESCRIBED "WITHOUT BASE FLOOD ELEVATION" R ATTESTED BY THE SIGNATURE OF ITS THEREUNTO DULY AUTHORIZED THIS DAY OF 2023. D.R. HORTON, A DELAWARE CORPORATION SHEET INDEX cn BY. U SHEET # DESCRIPTION TITLE CL '- ITS: 1 COVER SHEET COV 0 2 KEY MAP KEY CD 3-5 MAP OF DEDICATION MOD1—MOD3 SURVEYOR'S CERTIFICATION 0 THIS IS TO CERTIFY THAT THE SURVEY AND SUBDIVISION OF THE PREMISES DESCRIBED AND ^ SUNRISE> 01 I PLAITED HEREON WAS MADE UNDER MY DIRECTION DURING THE MONTH OF JUNE, 2023; THAT R THE SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT THE MONUMENTS SHOWN ACTUALLY � ENGINEERING EXIST OR WILL BE SET AS SHOWN;THAT THEIR POSITIONS ARE CORRECTLY SHOWN; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. RED LAND S� 2045 SOUTH VINEYARD, SUITE 101 E MESA, ARIZONA 85210 o TEL 480.768.8600 • FAX 480,768.8609 8862 www.sunrise-eng.com RDRIE E. DORSEY MAP OF DEDICATION �„� O\' o°Psgned. � COVER SHEET S P. "RIZONA,v' �xb res 3--31 2� DAVIS DRIVE SEI NO. SURVEYED DRAWN CHECKED I SHEET NO. Co 08964 JW AAA RED 1of5 I DR HORTON INC APN 104-07-009E FEE NO. 2020-137555 PCR POC NORTHEAST CORNER SECTION 19 TlS, R8E G&SRM PINAL COUNTY PUBLIC WORKS DEPARTMENT S89*46'31"W 6184.01' POB BRASS CAP IN HAND HOLE SHEET WARNER AVENUE SEE DETAIL 1 BELOW-/ NORTHWEST CORNER ------------- SECTION 19 TlS, R8E G&SRM SYMBOL LEGEND ..77 / � °" � FOUND PLSS SECTION MONUMENT, AS NOTED L 7- SECTION CORNER, CALCULATED POSITION EAST 1/4 CORNER CENTER LINE MONUMENT BRASS CAP FLUSH SEC11ON 13 TlS, R7E G&SRM CITY OF MESA V000 00000,00 BRASS CAP IN HAND HOLE Lo LINE TYPE LEGEND No uj SUBJECT BOUNDARY LINE cq u") Ui r i I I ----------- SUBJECT EASEMENT LINE cf) OTHER EASEMENT LINE RIGHT-OF-WAY LINE C) PLSS SECTION LINE NORTHEAST CORNER SECTION 19 TlS, R8E G&SRM PLSS SUB-SEC11ON LINE PINAL COUNTY 0*39' S89-46'31"W 6184*01:VA_-, CENTER LINE BRASS CAP FLUSH PUBLIC WORKS DEPARTMENT MATCHLINE GLO 1914 BRASS CAP IN HAND HOLE I . . . APPROXIMATE FEMA ZONE b APPROXIMATE FEMA "'m am""x l,, 'wtl 11, sy BOUNDARY15 NORTHWEST CORNER 4- ZONE "X" LIMIT SECTION 19 TlS, R8E G&SRM 00 ABBREVIATIONS SOUTHEAST CORNER E EAST SECTION 13 TlS, R7E G&SRM I FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY MARICOPA COUNTY APPROXIMATE FEMA GLO GENERAL LAND OFFICE DEPARTMENT OF TRANSPORTATION G&SRM GILA AND SALT RIVER MERIDIAN BRASS CAP FLUSH ZONE "A" LIMIT N NORTH Lo DR HORTON INC NO. NUMBER APN 104-07-009E W FEE NO. 2020-137555 PCR PCR PINAL COUNTY RECORDS w PLSS PUBLIC LAND SURVEY SYSTEM DETAIL 1 cn POB POINT OF BEGINNING NOT TO SCALE Lu ; i i I POC POINT OF COMMENCEMENT > APPROXIMATE FEMA PLIFE PUBLIC U11LITY AND FACILITY EASEMENT ZONE "A" LIMIT RLS REGISTERED LAND SURVEYOR T TOWNSHIP 0 R/W RIGHT-OF-WAY Q / R RANGE RIGHT-OF-WAY DESCRIPTION DR HORTON INC p RLS REGISTERED LAND SURVEYOR APN 104-07-009E S SOUTH THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 19, FEE NO. 2020-137555 PCR . ......I SVTE SIGHT VISIBILITY TRIANGLE EASEMENT THENCE SOUTH 33*39'40" EAST, A DISTANCE OF 42.64 FEET, .......... .. . ............ w" TOWNSHIP 1 SOUTH, RANGE 8 EAST OF THE GILA AND SALT RIVER w W WEST APPROXIMATE FEMA > ZONE 'Y' LIMIT C-D CD MERIDIAN, PINAL COUNTY, ARIZONA, BEING MORE PARTICULARLY THENCE SOUTH 11*3751" WEST, A DISTANCE OF 32.00 FEET, DESCRIBED AS FOLLOWS: r THENCE SOUTH 56*5522" WEST, A DISTANCE OF 42.64 FEET TO THE co REFERENCE DOCUMENTS NCOMMENCING AT A PINAL COUNTY PUBLIC WORKS DEPARTMENT BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A cq uj BRASS CAP IN HAND HOLE MARKING THE NORTHEAST CORNER OF 0 m Lu U_ (Rl) FINAL PLAT FOR INFRASTRUCTURE FOR st C) SAID SEC11ON 19, FROM WHICH A PINAL COUNTY PUBLIC WORKS RADIUS OF 3041.50 FEET, A CENTRAL ANGLE OF 0*02'30", AND A U-) "SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 DEPARTMENT BRASS CAP IN HAND HOLE MARKING THE EAST CHORD THAT BEARS SOUTH 12*31'06" WEST, 2.22 FEET, !o V) r- V) IRONWOOD DRIVE - PHASE 2" FEE NO. 2023-023735, QUARTER CORNER OF SAID SEC11ON 19 BEARS SOUTH 017'35" EAST m z T- -:c V) PINAL COUNTY RECORDS THENCE ALONG SAID CURVE FOR A DISTANCE OF 2.22 FEET, I o A DISTANCE OF 2641.12 FEET; w 7-) _17 THENCE SOUTH 12*3221" WEST A DISTANCE OF 254.21 FEET, (R2) MAP OF DEDICATION FOR "SUPERSTITION VISTAS 0 THENCE SOUTH 89*463113" FEE NO. NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 101.66 THENCE NORTH 32*49'10" WEST A DISTANCE OF 20.16 FEET, PINAL COUNTY RECORDS FEET TO THE POINT OF BEGINNING; co THENCE NORTH 12*32'42" EAST A DISTANCE OF 8.00 FEET, w (R3) FINAL PLAT FOR INFRASTRUCTURE FOR > THENCE SOUTH 013'29" EAST A DISTANCE OF 75.00 FEET, 'w 0C/) "SUPERSTITION VISTAS DEVELOPMENT UNITS 1 AND 2 THENCE NORTH 77*27'39*' WEST A DISTANCE OF 71.65 FEET, IRONWOOD DRIVE - PHASE 1" FEE NO. 2022-084916, C-0 THENCE SOUTH 89*4631" WEST A DISTANCE OF 398.34 FEET TO m PINAL COUNTY RECORDS cc THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF CD 2425.00 FEET, A CENTRAL ANGLE OF 3*04'10", AND A CHORD THAT THENCE NORTH 12*32'21'" EAST A DISTANCE OF 175.58 FEET, BEARS SOUTH 8814'26" WEST, 129.89 FEET, THENCE SOUTH 77*2739" EAST A DISTANCE OF 3.00 FEET, DR HORTON INC THENCE ALONG SAID CURVE FOR A DISTANCE OF 129.91 FEET, APN 104-07-009E i i I THENCE NORTH 12*3221" EAST A DISTANCE OF 56.46 FEET TO THE 1 FEE NO. 2020-137555 PCR THENCE NORTH 317'39" WEST A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, HAVING A RADIUS OF1 i i I N BEGINNING OF A NON-TANGENT CURVE TO THE LEFT, HAVING A 2958.50 FEET, A CENTRAL ANGLE OF 31-33'25 , AND A CHORD RADIUS OF 2435.00 FEET, A CENTRAL ANGLE OF 14*0228", AND A THAT BEARS NORTH 314'21" WEST, 1608.94 FEET, CHORD THAT BEARS SOUTH 79*41'07" WEST, 595.24 FEET, THENCE ALONG SAID CURVE FOR A DISTANCE OF 1629.46 FEET,' 0 THENCE ALONG SAID CURVE FOR A DISTANCE OF 596.73 FEET, THENCE NORTH 19*01'04" WEST A DISTANCE OF 428.07 FEET, THENCE SOUTH 26*3849" WEST A DISTANCE OF 37.74 FEET, THENCE NORTH 64*40'57" WEST A DISTANCE OF 37.74 FEET, CL THENCE SOUTH 19*01'04" EAST A DISTANCE OF 174.76 FEET, THENCE NORTH 20*3810" WEST A DISTANCE OF 75.00 FEET TO THE cc THENCE SOUTH 70*5856" WEST A DISTANCE OF 3.00 FEET; BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A C) u RADIUS OF 2500.00 FEET, A CENTRAL ANGLE OF 20*2441", AND A t-..,,,,` / w * '10" X THENCE SOUTH 19*01'04" EAST A DISTANCE OF 263.23 FEET TO THE CHORD THAT BEARS NORTH 79 34 EAST, 885.92 FEET, BEGINNING OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 3041.50 FEET, A CENTRAL ANGLE OF 17*23'07", AND A CHORD THAT THENCE ALONG SAID CURVE FOR A DISTANCE OF 890.62 FEET TO BEARS SOUTH 1019'30" EAST, 919.35 FEET, THE NORTH LINE OF SAID NORTHEAST QUARTER; LAND 0 THENCE ALONG SAID CURVE FOR A DISTANCE OF 922.88 FEET, THENCE NORTH 89#46'31*" EAST, ALONG SAID NORTH LINE, V I CA A DISTANCE OF 398.34 FEET TO THE POINT ON BEGINNING. SUNRISE 38862 THENCE SOUTH 46*03'28- EAST, A DISTANCE OF 42.64 FEET, RONNIE E. I DORSEY ENGINEERING RADIANCE - - ------- -AVENUE------------- - --------- THENCE SOUTH 0*4557" EAST, A DISTANCE OF 32.00 FEET, ------ °esg2045 SOUTH VINEYARD, SUITE 101 EAST 1/4 CORNER ned....M, MESA, ARIZONA 85210 TEL 480.768.8600 - FAX 480.76&8609 THENCE SOUTH 44*31'34" WEST, A DISTANCE OF 42.64 FEET TO THE SECTION 19 TlS, R8E G&SRM; -31 www.sunrise-eng.com BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A PINAL COUNTY PUBLIC WORKS DEPARTMENT RADIUS OF 3041.50 FEET, A CENTRAL ANGLE OF 10-3949-, AND A DR HORTON INC BRASS CAP IN HAND HOLE MAP OF DEDICATION CHORD THAT BEARS SOUTH 5*25'57" WEST, 565.26 FEET, APN 104-07-009E THENCE ALONG SAID CURVE FOR A DISTANCE OF 566.08 FEET, FEE NO. 2020-137555 PCR SCALE KEY MAP 0 DAVIS DRIVE 150' 300, HORIZ: 1" = 150' SEINO. ISURVEYED DRAWN I CHECKED SHEET NO* 1 08964 IJW LAA I RED I 2of5 KEY DR HORTON INC NORTHWEST CORNER I APN 104-07-009E SECTION 19 TlS, R8E G&SRM FEE NO. 2020-137555 PCR POB S89*46'31"W 6184.01'z 5684.01' 398.34' 101.66' o POC SEE DETAIL 1 ON SHEET 2 I C8 Lo r- NORTHEAST CORNER L-820.00 1 SECTION 19 TlS, R8E G&SRM WARNER AVENUE Lo PINAL COUNTY PUBLIC WORKS DEPARTMENT BRASS CAP IN HAND HOLE C) U-) S89*46'31"W 398.34' 1 300.09 ---------------------- 2L aL............ iiiii 4aQz r- ------- ---7 C) I-c>8' PLIFE C) CD 6 1 c; CD 65' R/W DR HORTON INC -W woo (Rl) APN 104-07-009E 000 vow wi wo.-.0-owo. FEE NO. 2020-137555 PCR ................ 8 PLIFE C) 20' DRAINAGE V) EASEMENT t A 0 APPROXIMATE FEMA MATCH SHEET 5 ZONE LIMIT > C.D G) 0 m 0 I uj U- 0 0 Lo APPROXIMATE FEMA 1 r r- V)V) ZONE "A" LIMIT z0 C�l M V) A( I R, o 000 000 000 tz� 000 000 o 000 �8' PUFE CD 0 65' R/W N (Rl) CD 33X33' SVTE -� c --1 g" 7:) 12. 33X33' SVTE 0000 DRAINAGE CP 0 A 000' 25.00, EASEMENT AA co EAST 1/4 CORNER SECTION 19 TlS, R8E G&SRM; DRAINAGE PINAL COUNTY PUBLIC WORKS DEPARTMENT C-0 EASEMENT m BRASS CAP IN HAND HOLE cc CD 000 vo%�§-olo ;000 ZOO > CURVE TABLE LINE TABLE ';00 s1l;00 0000-0 L. CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST LINE # DIRECTION LENGTH 1W.000 Cl 31*3325" 3000.00 1652.32' N314'21"W 1631.51' Ll N317'39"W 10.00' L3 0 C2 3*04'10" 2425.00 129.91' S8814'26"W 129.89' L2 S26*38'49"W 37.74' -VIA C3 14*02'28" 2435.00 596.73' S79-41 f07"W 595.24' L3 S70*58'56"W 3.00' DR HORTON INC C4 17023'07" 3041.50 922.881 Sl 01 APN 104-07-0091E 9'30"E 919.35' L4 S46003'28"E 42.64� CL FEE NO. 2020-137555 PCR C5 10*39'49" 3041.50 566.08' S5*25'57"W 565.26' L5 SO*4557"E 32.00' cc CD C6 0*02'30" 3041.50 2.22' Sl 2*31'06"W 2.22' L6 S44*31'34"W 42.64' DR HORTON INC u APN 104-07-009E C7 31*3325" 2958.50 1629.46' N314'21"W 1608.94 L7 S33*39'40"E 42.64' �o FEE NO. 2020-137555 PCR C8 20*2441" 2500.00 890.62' N79*34'1 A 885.92' L8 Sl 1*37'51"W 32.00' N C9 46*00'07" 47.50 38.14' S22*41'09"W 37.12' L9 S56*55'22"W 42.64' APPROXIMATE FEMA LAND 0 ZONE "X" LIMIT FICAT Ll 0 cl� Cl 0 44*01'47" 37.50 28.82' S67*42'06"W 28.11' N 32*49'1 O"W 20.16' SUNRISE 38862 Cll 8*4727" 3450.00 529.33' N85-53'1 7-W 528.82' Ll 1 Nl 2*32'42"E 8.00' RONNIE E ENGINEERING DORSEY Cl 2 19*22'08" 240.00 81.13' N71*48'30"W 80.75' Ll 2 S77*2739"E 3.00' 2045 SOUTH VINEYARD, SUITE 101 ned, MESA, ARIZONA 85210 AA 15*20'13" *40'57"W APPROXIMATE FEMA .... TEL 480.768.8600 - FAX 480.7681,8609 Cl 3 185.00 49.52' N69*4732"W 49.37' Ll 3 N64 37.74' 3-31- nw'0 www.sunrise-eng.com ZONE "A" LIMIT 'oe T C14 814'41" 3420.00 492.14' S86*09'40"E 491.71' Ll 4 N7005856"E 52.12' k MAP OF DEDICATION 7H "'ou" Cl 5 44*01'47" 7.50 5.76' N67*42'06"E 5.62' Ll 5 N89*42'51"E 5.00' \A C16 46*00'07NEER " 17.50 14.05' N22*41'09"E 13.68' L16 N89-42'51"E 5.00' '00'� G SCALE DAVIS DRIVE 0 40' 80, A HORIZ: 1" = 40' SEINO. ISURVEYED DRAWN ICHECKED SHEEINO* 1 08964 IJW I LAA I RED I 3of5 M O D 1 MATCH BELOW LEFT ....a.. tit................. NE G\A lcq 415 41.51 Cni 0) 0\ -rC/-, 8SLOW T 'MA r--- N85-3017"E 114-57' N85-4517E 108.38 0 41.5' cp 41.5$ Lo V cq DRAINAGE wl co EAST 72.00 r- tin I-0- - EASEMENT to DRAINAGE CR u I -m I C-) EASEMENT Lo L0 0) po C4 33X33 SVTE LA r�.1, APPROXIMATE FEMA S78-22'09-E DRAINAGE 0-" ZONE "A" LIMIT CP.\ 1.46$ EASEMENT S87*55'25W 108.38....j co ftwo i ftftw DR HORTON INC S77-27�3:-qft;�- 8.34 APN 104-07-009E ftftwft%* --i 33X33' SVTE 11 134.50$ FEE N0. 2020-137555 PCR S8816'58 W 114.57'-. oj APPROXIMATE FEMA l C6 cv WEST 72.00' ZONE "X" LIMIT -------- I 33'X33' SVTE cv Waft Iftft S77'2739., oftft N891 4'03"E 71.46' Lo A DRAINAGE r I * , ft%* tcnv 230.76' cv EASEMENT co 8 p Ll 2 3 \ \ i 33X33' SVTE 8'IV77273, IV- pLIFE 9 W C) 1,41-50' c1q Loo DR HORTON INC I DR HORTON INC u N A& APN 104-07-009E APN 104-07-009E cv DRAINAGE LINE TABLE DR HORTON INC cv DR HORTON INC c/) �N co FEE NO. 2020-137555 PCR APN 104-07-009E APN 104-07-009E FEE NO. 2020-137555 PCR rcov EASEMENT LINE # DIRECTION LENGTH '2! FEE NO. 2020-137555 PCR cv FEE NO. 2020-137555 PCR Ll N31 7'39"W 10.00' Q Q C) 4 5$ cv N1 0 L2 S26*38'49"W 37.74' 41.5* 1 L3 S70*58'56"W 3.00' \ `-�' ; I % % ° L4 S46003'28"E 42.64' \ ; W I i / L5 SO*45'57"E 32.00' O N77-2 - 73971-65'- _ L6 S44*31'34"W 42.64' >U) -j .410s ui C L7S33*39'40"E 42.64' cClDl C) Uzi 71.08'r) 15 76' u:2 L8 S1 1'37'51"W 32.00' IL j 00 33'X33' SVTE L9 S56*55'22"W 42.64' DR HORTON INC Ll 0 N32*49'10"W 20.16' APN 104-07-009E 1 81 PUFE 12 1-ft ftoft Lo 7-) FEE NO. 2020-137555 PCR - 0 Ll 1 N1 2*32'42"E 8.00 C,44.5' R/W uj ::E (R2) > Ll 2 S77*27'39"E 3.00' co C) co > Ll 3 N64*40'57"W 37.74' 41.5' R/W co It (R2) C-0 Ll 4 N70*5856"E 52.12' % m cc co CD Ll 5 N89*42'51"E 5 00' 1 n It Ll 6 N89*42'51"E 1 ; 1 CURVE TABLE ; 1 1 CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST C1 31*33'25" 3000.00 1652.32' N314'21"W 1631.51' j--�UFE C2 3*04'10" 2425.00 129.91' S881 4'26"W 129.89' 1 1 C3 14*0228" 2435.00 596.73' S79*41'07"W 595.24' 1 1 771 CL C4 17*23'07" 3041.50 922.88' S1 01 9'30"E 919.35' � ; i � cc C5 10*39'49" 3041.50 566.08' S5*2557"W 565.26' ABBREVIATIONS SYMBOL LEGEND SCALE CD 0 40' 80' u 41-5) E EAST I C6 0*02'30" 3041.50 2.22' S1 2*31'06"W 2.22' 41.5 FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY FOUND PLSS SECTION MONUMENT, AS NOTED 1 -0 0 GLO GENERAL LAND OFFICE HORIZ: 1" 40' C7 31*33'25" 2958.50 1629.46' N314'21"W 1608.94' 1 1 41.51 41.5 1 G&SRM GILA AND SALT RIVER MERIDIAN SECTION CORNER, CALCULATED POSITION 1 N NORTH C8 20*2441" 2500.00 890.62' N79*34'1 O"E 885.92' NO. NUMBER LAND 0 PCR PINAL COUNTY RECORDS CENTER LINE MONUMENT BRASS CAP FLUSH C9 46*00'07" 47.50 38.14' S22*41'09"W 37.12' 8� PUFL ttl . t ry SUNRISE Q�� PLSS PUBLIC LAND SURVEY SYSTEM 38862 POB POINT OF BEGINNING RONNIE E. NG C1 0 44*01'47" 37.50 28.82' S67*42'06"W 28.11' ma Xw POC POINT OF COMMENCEMENT LINT TYPE LEGEND DORSEY ENGINEERI 8*47'27" 3450-00 529.33' N85*53'1 7"W 528.82' PUFE PUBLIC UTILITY AND FACILITY EASEMENT 2045 SOUTH VINEYARD, SUITE 101 C11 SUBJECT BOUNDARY LINE ned.. RLS REGISTERED LAND SURVEYOR MESA, ARIZONA 85210 A, "I / 011\�:�� SUBJECT EASEMENT LINE TEL 480.768.8600 - FAX 480.76&8609 C1 2 19*22'08" 240.00 81.13' N71'48'30"W 80.75' MATCH ABOVE RIGHT A4A" CH A sov w, T TOWNSHIP - - - - - - - - - - - OTHER EASEMENT LINE www.sunrise-eng.com C1 3 185.00 49.52' N69*47'32"W RIGHT' R/W RIGHT-OF-WAY RIGHT-OF-WAY LINE 15*20'13" 49.37' R RANGE MAP OF DEDICATION RLS REGISTERED LAND SURVEYOR PLSS SECTION LINE C14 814'41" 3420.00 492.14' S86*09'40"E 491.71' s SOUTH PLSS SUB-SEC11ON LINE C1 5 44*01'47" 7.50 5.76' N67*42'06"E 5.62' SVTE SIGHT VISIBILITY TRIANGLE EASEMENT CENTER LINE W WEST "euRl"m "U" �W ffffff MP MATCHLINE DAVIS DRIVE C16 46*00'07" 17.50 14.05' N22041'09"E 13.68' . . . APPROXIMATE FEMA ZONE BOUNDARY SEI NO. SURVEYED DRAWN CHECKED SHEET NO* 08964 IJW ILAA IRED I 4of5 MOD2 I MATCH SHEET 3 MATCH BELOW LEFT MATCH BELOW LEFT MATCH BELOW LEFT 11111,11"i"Ill, "Al"I'll"I'llill T"Kflk P0011" "'Ell"I'll"'j, T"Kflk "w"v"" um 'Ell" NO a'a' In fflll� IM Imw fflll� 01" 'R" OAK$` mm un om �m mm �m ow �m m mm ow Im mm um T em m m w% " 'm ""m 'b C) CA cl ui l 3: u") 30' DRAINAGE 30' DRAINAGE C> MI l EASEMENT r- r- N89*45'56"E 93.49' C) 30' DRAINAGE EASEMENT L--.' SYMBOL LEGEND 7777 CD S89*45'56"W 9T471 1 i i I I I 1 i I < z: 1-00 FOUND PLSS SECTION MONUMENT, AS NOTED K Gi 00 < m w <ui o 1,.-: F SECTION CORNER, CALCULATED POSITION ow C) DR HORTON INC DR HORTON INC APN 104-07-009E CENTER LINE MONUMENT BRASS CAP FLUSH N APN 104-07-009E FEE NO. 2020-137555 PCR FEE NO. 2020-137555 PCR C) LINE TYPE LEGEND SUBJECT BOUNDARY LINE DR HORTON INC Ll 6 1 I 65' R/W DR HORTON INC / I I ----------- SUBJECT EASEMENT LINE APN 104-07-009E (Rl) APN 104-07-009E 65' R/W OTHER EASEMENT LINE FEE NO. 2020-137555 PCR FEE NO. 2020-137555 PCR RIGHT-OF-WAY LINE Ll 5 (Rl) PLSS SECTION LINE ---------------------------------------- ---------------------------------------- PLSS SUB-SECTION LINE CENTER LINE 1 1 I i'1 I 1 1 I I 1 j tt t ,. MATCHLINE I I I I j �, APPROXIMATE FEMA ZONE CD L I r'- BOUNDARY APPROXIMATE FEMA -r-- 0� -r-- CD 11R r*-: cq I;-- CR ry r4) iro w ZONE "X" LIMIT ni Pe) 0 co < rr) 00 00 00 00 ui 00, 100 C) I c� > CA to m C> CD co < C'41 C4 65' R/W ABBREVIATIONS C'4 04 1 C*4 04 UJ C*4 ui u- r) m 0 0 1 �j I Ld ui I ui 0 ui u- st I (Rl) E EAST a U) st 2 12 0 �q U"> U*) to < U-) U") r- U5 U-) U-) 0 U">i �o FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY ui U-) U") T- < �o Y) !o U) 00 100 o m APPROXIMATE FEMA 'cx)i I-00 z Q M 001 loo r- (f> r-1 I r- GLO GENERAL LAND OFFICE ui u- T- cn T- T- T- < CD CD G&SRM GILA AND SALT RIVER MERIDIAN o a C:> ZONE "A" LIMIT C), c) 0 CA I C> z Q M =I I cn Lo U) V) 0 V) !o N NORTH z < NO. NUMBER C) M LINE TABLE 65' R/W PCR PINAL COUNTY RECORDS PLSS PUBLIC LAND SURVEY SYSTEM LINE # DIRECTION LENGTH POB POINT OF BEGINNING POC POINT OF COMMENCEMENT PUFE PUBLIC UTILITY AND FACILITY EASEMENT Ll N31 7'39"W 10.00' of00 CA I CD RLS REGISTERED LAND SURVEYOR 0 L2 S26*38'49"W 37.74' co < r) ui T TOWNSHIP U-i 0 m R/W RIGHT-OF-WAY Lu u- L3 st 0 S70*58'56"W 3.00' Lol U'> 0 u') R RANGE Lol go 00 !o 3: r- U) RLS REGISTERED LAND SURVEYOR L4 S46*03'28"E 42.64' r-00 r- CA I C> z T- < S SOUTH V) i 1 I 1 I I 1 1 O CD M cn SVTE SIGHT VISIBILITY TRIANGLE EASEMENT L5 SO*45'57"E 32.00' 1 I I I I 1 1 I I I I W WEST L6 S44*31'34"W 42.64' I I I I C) N L7 S33*39'40"E 42.64' I CD DR HORTON INC DR HORTON INC 0L8 Sl 1'37'51"W 32.00 I 1 I APN 104-07-009E 1 I APN 104-07-009E DR HORTON INC I I DR HORTON INC FEE NO. 2020-137555 PCR FEE NO. 2020-137555 PCR L9 S56* ' " . ' APN 104-07-009E APN 104-07-009E 55 22 W 4264 FEE NO. 2020-137555 PCR 1 I I FEE NO. 2020-137555 PCR Ll 0 N32*49'10"W 20.16' 30' DRAINAGE 0 Ll 1 Nl 2032'42"E 8.00' I I I EASEMENT Ll 2 S77027'39"E 3.00' 30' DRAINAGE i i I i ; I EASEMENT co Ll 3 N64*40'57"W 37.74' 30' DRAINAGE i i i � � I ; � � � � � Ll 4 N7005856"E 52.12' EASEMENT C-0 cc CD Ll 5 N89*42'51"E 5.00' Ll 6 N89042'51"E 5.00' MATCH ABOVE RIGHT MATCH ABOVE RIGHT MATCH ABOVE RIGHT CURVE TABLE 65' R/W CURVE DELTA RADIUS LENGTH CHORD BEARING CHORD DIST (R3) 0 Cl 31*3325" 3000.00 1652.32' N314'21"W 1631.5 z-x C2 3*04'10" 2425.00 129.91' S881 4'26"W 129.89' C3 14002'28" 2435.00 596.73' S79041'07"W 595.24' 771 CL C'D C4 17*23'07" 3041.50 922.88' Sl 01 9'30"E 919.35' \V cc '000 SCALE CD C5 1003949" 3041.50 566.08' S502557"W 565.26' 0 40' 80' c� L u DR HORTON INC I o' C6 0002'30" 3041.50 2.22' Sl 2031'06"W 2.22' APN 104-07-009E 'o C3 1 FEE NO. 2020-137555 PCR HORIZ: 1" = 40' mi C14 C7 31'3325" 2958.50 1629.46' N314'21"W 1608.94' N89*4259"E 79.12' Lu ------------------ C8 20*2441" 2500.00 890.62' N79*34'1 O"E 885.92' _D LAND 0 ICAT C9 46*00'07" 47.50 38.14' S22041'09"W 37.12' C/)I- ..... SUNRISE C11 38862 ------------- ------ RONNIE E Cl 0 44001'47" 37.50 28.82' S67042'06"W 28.11' <VV ENGINEERING S89*42'59"W .12 HORSEY Cll 8*47'27" 3450.00 529.33' N85*53'1 7"W 528.82' .ned.. 2045 SOUTH VINEYARD, SUITE 101 MESA, ARIZONA 85210 41.5' R/Wres W,, TEL 480.768.8600 - FAX 480.76&8609 Cl 2 19022'08" 240.00 81.13' N71048'30"W 80.75' 3-31 www.sunrise-eng.com Cl 3 15*20'13" 185.00 49.52' N69*47'32"W 49.37' i. ............-------- - ---------------- (R2) ...... ------- MAP OF DEDICATION C14 814'41 3420.00 492.14' S86*09'40"E 491.71' EAST 1/4 CORNER SECTION 19 TlS, R8E G&SRM; Cl 5 44*01'47" 7.50 1 5.76' 1 N67*42'06"E 5.62' DR HORTON INC PINAL COUNTY PUBLIC WORKS DEPARTMENT DAVIS DRIVE APN 104-07-009E BRASS CAP IN HAND HOLE C16 46*00'07" 17.50 1 14.05' 1 N22-41'09-E 13.68' FEE NO. 2020-137555 PCR SEI NO. SURVEYED DRAWN CHECKED SHEET NO. 08964 lJW LAA RED I 5of5 MOD3--a City ofApache Junction /�I F��w Development Services Department ' CITY COUNCIL CONSENT AGENDA STAFF REPORT DATE: July 18, 2023 TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager Rudy Esquivias, Development Services Director CASE NUMBERS: Map of Dedication for Davis Drive (SV-23- 4-BI) OWNERS: D.R. Horton APPLICANT: D.R. Horton REQUEST: Approval of Map of Dedication for Davis Drive LOCATION: Section 19 BACKGROUND D.R. Horton is requesting approval of a Map of Dedication for Davis Drive . Davis Drive will serve as a north-south collector between Radiance Avenue and Warner Avenue. The proposed Map of Dedication also includes the south-half of Warner Avenue from Davis Drive to Ironwood Drive . PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed Map of Dedication because of its conformance with the Auction Property at Superstition Vistas Master Planned Community Plan and the Superstition Vistas Master Infrastructure Reports, and respectfully recommends that the City Council approve the proposed Map of Dedication request . "SV-23-4-13I,Map of Dedication for Davis Drive" July 18,2023 City Council Staff Report 1 RECOMMENDED MOTION FOR MAP OF DEDICATION I move that the Apache Junction City Council approve SV-23-4-BI, Map of Dedication for Davis Drive, as requested by D.R. Horton, generally located between Radiance Avenue and Warner Avenue . Std+vey Urta4, Prepared by Sidney Urias Planning Manager Attachments : Exhibit #1 - Map of Dedication for Davis Drive (SV-23-4-BI) "SV-23-4-BI,Map of Dedication for Davis Drive" July 18,2023 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.8. File ID: 23-377 Sponsor: Misty Moseley Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 23-17, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Gila County, Arizona, for Community Development Block Grants Regional Account allocation. This item was presented for discussion at the July 17 Council Work Session. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City ofApache Junction Finance Department ATE: July 10, 2023 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Leslie DeReche, Finance Director FROM: Misty Moseley-Helber, Grants Administrator SUBJECT: Resolution approving the IGA between the City of Apache Junction and Gila County for CDBG Allocation REQUEST Approve Resolution No. 23-1.7, authorizing the City of Apache Junction to enter into an intergovernmental agreement ("IGA")with Gila County for purposes of CDBG allocation. BACKGROUND The City of Apache Junction and Gila County (the "Parties") are members of Central Arizona Governments ("CAG"), which is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG"). Each year the Parties are eligible for participation in the funding and distribution process and CAG has authorized a procedure for switching funding years between communities. DISCUSSION The Parties believe that it is in their best interest to partner so that one community can make application in one fiscal year and the other in the next fiscal year, allowing that year's applicant to receive double or increased funding. It is the intent of the Parties that Gila County will request funding for projects in fiscal year 2023 and Apache Junction will request funding for projects in fiscal year 2024. The IGA sets forth the details of this agreed upon arrangement. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council: 1. Approve Resolution No. 23-17. ATTACHMENTS Attachment One: Resolution No. 23-17 and attached IGA 300 E. Superstition Boulevard *Apache Junction,AZ 85119 RESOLUTION NO. 23-17 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH GILA COUNTY, ARIZONA FOR CDBG ALLOCATION. WHEREAS, City of Apache Junction and Gila County (the "Parties") are members of the Central Arizona Governments ("CAG") ; and WHEREAS, CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG") ; and WHEREAS, each year the Parties are eligible for participation in the funding and distribution process; and WHEREAS, CAG has authorized a procedure for switching funding years; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement ("IGA") which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the form of the IGA for CDBG Allocation set forth in Attachment A; and the mayor is hereby authorized to sign the IGA on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. RESOLUTION NO. 23-17 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF JULY, 2023 . SIGNED AND ATTESTED TO THIS DAY OF JULY, 2023 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-17 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY, AR:IZONA FOR CDBG ALLOCATION INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GILA COUNTY,ARIZONA FOR CDBG ALLOCATION THIS AGREEMENT is made and entered into this_day of 2023,by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("Apache Junction") and GILA COUNTY, ARIZONA, an Arizona county ("Gila County"), collectively the "Parties". RECITALS A) The Parties are members of the Central Arizona Governments ("CAG") which provides, since 1975, regional planning services to Gila and Pinal Counties, including their seventeen incorporated cities and towns. B) CAG is charged with the administration and distribution of funds obtained through the Arizona Department of Housing for Community Development Block Grants ("CDBG"). Q Each year the Parties are eligible for participation in the funding and distribution process and the amount of funding available to each community depends upon the number of communities making application for CDBG allocations. D) The Parties believe that it is in their best interest to partner with another participating CDBG community so that one community can make application in one fiscal year and the other in the next fiscal year, resulting in each community receiving larger sums in the year of participation so that each community can work on larger projects which cannot be considered under normal funding circumstances. E) CAG has authorized a procedure for switching funding years in fiscal years 2023 and 2024. F) The Parties are empowered to enter into this intergovernmental agreement("IGA") under the provisions of A.R.S. § 11-95 1, et seq. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth below: I. CAG Submittal: Pursuant to CAG rules and regulations and the method of distribution established by CAG Regional Council, the Parties will submit required documentation to CAG,together with a copy of this IGA,which will inform CAG that the Parties will partner for purposes of funding rounds for fiscal years 2023 and 2024. The Parties will for each funding year submit a letter of intent or non-intent to CAG indicating that it is the intent of the Parties that Gila County will request funding for projects for fiscal year 2023 and Apache Junction will request funding for projects for fiscal year 2024. This will allow Gila County to receive double or increased funding for fiscal year 2023 and will allow Apache Junction to receive double or increased funding for fiscal year 2024. I. Term and Risk Acknowled eg ment: The Parties acknowledge that there is a possibility of changes in state policy and/or funding in the future and that each assumes said risk knowingly, understanding that funding levels may change during the two (2) fiscal year term of this IGA. The Parties further understand that the letter of intent filed in accordance with this IGA is valid for a period of two (2) fiscal years and there shall be no authority to withdraw or modify such letter of intent after August 1, 2023. III. Application Compliance: The Parties shall be fully and solely responsible for compliance with all rules and regulations applicable to the grant applications. Failure to obtain funding or grants as a result of a community's failure to timely file applications for grant funds shall not authorize relief from this IGA. This IGA shall have a term of two (2) fiscal years from the date set forth above the Recitals. IV. Payment of Fees: The Parties shall be responsible for payment of any fees charged by CAG for work performed by CAG on behalf of that respective community during the term of this Agreement. V. Authority of Managers/Letter of Intent Deadlines: The Gila County Manager and the Apache Junction City Manager are authorized to execute any and all documents required to carry out the intent of this IGA. Each Party shall provide to the other Party copies of the letter of intent required pursuant to Section 1 above prior to September 1, 2023, together with any and all other documentation or records required to carry out the provisions of this IGA. VI. Conflicts of Interest: The provisions of A.R.S. § 38-511 relating to termination of agreements due to conflicts of interest apply to this IGA. VII. Notices: Notices shall be mailed to the Parties as follows: City of Apache Junction Misty Moseley-Helber, Grants Administrator 300 E. Superstition Blvd. Apache Junction, Arizona 85119 Gila County Kayle Lathrop, Community Services Director 1400 E. Ash Street Globe, Arizona 85501 2 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first written above. CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk GILA COUNTY, an Arizona county By: Woody Cline Its: Chairman of the Board of Supervisors ATTEST: Samantha Trimble Clerk of the Board of Supervisors COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R. Joel Stem, Apache Junction City Attorney Date Gila County Attorney's Office Date 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 23-391 Sponsor: Misty Moseley Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval of Resolution Nos. 23-20 and 23-21 approving the submittal of applications from the City of Apache Junction and Superstition Fire & Medical District to the Gila River Indian Community State Shared Revenue Program for Proposition 202 Funds for Fiscal Year 2023-2024. This item was presented for discussion at the July 17 Council Work Session. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction Finance Department ATE: July 18, 2023 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Pam Harrison, Library Director Liz Langenbach, Parks & Recreation Director FROM: Misty Moseley-Helber, Grants Administrator SUBJECT: Proposition 202 State Shared Revenue Program Grant Applications for Fiscal Year 2023-2024 REQUEST Consideration of approval of Resolution Nos. 23-20 and 23-21 approving the submittal of applications from the City of Apache Junction and Superstition Fire & Medical District to the Gila River Indian Community State Shared Revenue Program for Fiscal Year 2023-2024. BACKGROUND In November 2002, the voters of Arizona approved Proposition 202 which initiated new 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, tribes would be assessed by the state a percentage of their gross gaming revenue. Tribes 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 entities 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 entity and in turn issues a check to the nonprofit agency. 300 E. Superstition Boulevard - Apache Junction,AZ 85119 DISCUSSION GRIC revised its application procedures and no longer requires a city council resolution at the time of application. Rather, should an application be recommended for funding by the community office for special funding, GRIC would then request a resolution from the local. government in support of the project. The following applications were recommended for funding by the GRIC community office for special funding. Upon receipt of the resolution, the project will be forwarded to the GRIC governing body for final approval. Resolution Entity Project Amount No. 23-20 Apache Junction Public Library Charlie Cart $17,160.00 23-20 Apache Junction Parks & Senior Transportation $20,000.00 Recreation— Senior Services 23-21 Superstition Fire and Medical Emergency Service $403,972.00 District Delivery- Ambulance ($201,986 over 2 ears RECOMMENDATION Staff respectfully recommends the city council approve Resolution Nos. 23-20 and 23-21. ACTION REQUIRED Approval of Resolution Nos. 23-20 and 23-21. Attachment 1: Resolution No. 23-20 Attachment 2: Resolution No. 23-21 Attachment 3: Grant Pass-Through Agreement between the City of Apache Junction and Superstition Fire and Medical District 300 E. Superstition Boulevard - Apache Junction,AZ 85119 RESOLUTION NO. 23-20 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF GRANT APPLICATIONS TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . 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 this state-shared revenue in an amount of 12% can be retained by a tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 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 120 share itself and has adopted guidelines and procedures for this new 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. NOW, THEREFORE, BE IT 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 distribution of the Proposition 202 funds for senior transportation in an amount not to exceed $20, 000 . 00 . Staff is also authorized to submit application, on behalf of the Apache Junction Public Library, to GRIC for Proposition 202 funds, and the mayor is authorized to sign the application, contract and grant documents for receipt and distribution of the RESOLUTION NO. 23-20 PAGE 1 OF 2 Proposition 202 funds for a Charlie Cart for use in its Biblio Bites program in an amount not to exceed $17, 160 . 00 . Section 2 : The mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the applications . Section 3 : The city manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF JULY, 2023 . SIGNED AND ATTESTED TO THIS DAY OF JULY, 2023 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-20 PAGE 2 OF 2 RESOLUTION NO. 23-21 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . 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 this state-shared revenue in an amount of 12% can be retained by a tribe and distributed to cities, towns or counties for government services that : 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application with the sponsorship being expressed in a resolution passed by the local government; 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 new 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 : Staff is authorized to submit an application, on behalf of Superstition Fire and Medical District ("SFMD") , to GRIC for Proposition 202 funds, and the mayor is authorized to sign the application, contracts and grant documents for receipt and RESOLUTION NO. 23-21 PAGE 1 OF 3 distribution of the Proposition 202 funds for the purchase of an ambulance in an amount not to exceed $403, 972 . Section 2 : The mayor is authorized to execute a grant pass-through agreement between the City of Apache Junction ("City") and the SFMD for use of the funds if the grant is awarded. Section 3 : The mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4 : The city manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5 : The City has no duties under or related to this resolution other than to receive the funds and deliver same to SFMD; the determination as to the amount of funding is solely at the discretion of GRIC. All parties agree there are no third-party beneficiaries to this document. Section 6 : If awarded funding, SFMD will provide the City copies of all reports and documents related to the project funded by GRIC. Section 7 : The city council supports this grant request for funding and if awarded will administer the funds directly to SFMD as a pass- through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF JULY, 2023 . RESOLUTION NO. 23-21 PAGE 2 OF 3 SIGNED AND ATTESTED TO THIS DAY OF JULY, 2023 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 23-21 PAGE 3 OF 3 GRANT PASS-THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND SUPERSTITION FIRE AND MEDICAL DISTRICT THIS GRANT PASS-THROUGH AGREEMENT (the "Agreement") is made as of the day of 2023, ("Execution Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and Superstition Fire and Medical District, a special taxing district ("SFMD"). City and SFMD are sometimes referred to herein collectively as the "Parties," or individually as a"Party." RECITALS A. SFMD is an A.R.S. Title 48 special taxing district which provides fire and medical services for SFMD area residents. B. SFMD desires to utilize Gila River Indian Community ("GRIC") funds for the purchase of an ambulance to be used in City and in other areas of SFMD boundaries. C. GRIC desires to convey to City a portion of its annual 12% local revenue-sharing contribution required to be paid to local governments for the benefit of the general public in accordance with the Tribal-State Gaming Compact executed by and between GRIC and the State of Arizona in 2003, and pursuant to A.R.S. § 5-601.02, for disbursement by City as a pass- through to SFMD. D. Mutual cooperation would result in SFMD's obtaining pass-through assistance from City, which translates to general public savings. E. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Accuracy of the Recitals. The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the pass-through to SFMD. 3. Tenn. The Term of this Agreement is two calendar years from the Execution Date. 4. City's Obligations. City agrees to do all of the following: a. Disburse the aforementioned GRIC pass-through to SFMD. b. Receive copies of all reports and documents sent to GRIC by SFMD related to funded project. 5. SFMD's Obligations. SFMD agrees to do all of the following: a. Hold harmless, defend and indemnify the City of Apache Junction, its elected officials, appointees, employees and agents against any claim or legal action brought by anyone challenging the use and disbursement of funds under this agreement. b. Provide to the City a copy of all reports and documents sent to GRIC related to the expenditures under this agreement no later than 30 days after their submission to GRIC. 6. Funding Schedule. GRIC will deliver two payments of $201,986.00 each for a total of$403,972.00 to the City for disbursement to SFMD. 7. Indemnification. SFMD shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of SFMD, its agents, employees, or any tier of SFMD's subcontractors in the performance of or challenge to this Agreement. SFMD's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an SFMD's acts, errors, mistakes, omissions, misuse or unsubstantiated use of the GRIC funds, work or services in the performance of this Agreement including any employee of SFMD, any tier of SFMD's subcontractor or any other person for whose acts, errors, mistakes, omissions, misuse of funds, work or services SFMD may be legally liable. 8. Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Applicable Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Parry for the purpose of enforcing a right or rights provided for 2 in this Agreement, shall be tried in a court of competent jurisdiction in Pinal. County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or for removal to federal court. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 11. Severability. City and SFMD each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by Applicable Laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 12. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 13. Notices. Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section: If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119 Telephone: (480)474-5066 If to SFMD: Superstition Fire and Medical District Attn: Fire Chief 565 North Idaho Road Apache Junction, Arizona 85119 Telephone: (480) 982-4440 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. SUPERSTITION FIRE AND MEDICAL DISTRICT, an A.R.S. Title 48 special taxing district By: Kathleen Chamberlain Its: Board Chair CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip"Wilson Its: Mayor ATTEST: ATTEST: By: By: Jennifer Pena, City Clerk Connie Van Driel, SFMD Board Clerk 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 23-360 Sponsor: Patrick Ainsworth Agenda Date:7/18/2023 Index: In Control: City Council Meeting Consideration of approval, retroactive to July 1, 2023, of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year(FY23/24) and in the amount of$24,486.00, and appointment of Councilmember Peter Heck as the City of Apache Junction representative to the GPEC Board of Directors. This item was presented for discussion at the June 5 Council Work Session. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction Home of the Superstition Mountains MEMORANDUM TO: The Honorable Mayor& City Councilmembers MEMORANDUM THRU: Bryant Powell, City Manager Matt Busby, Assistant City Manager MEMORANDUM FROM: Patrick Ainsworth, Economic Development Director SUBJECT: Greater Phoenix Economic Council (GPEC) contract Renewal FY 23/24 and GPEC Board Recommendation DATE: July 18, 2023 Since 2007, the Greater Phoenix Economic Council (GPEC) has been serving as the City's Regional Economic Development agency where GPEC assists with strategic economic development initiatives such as business recruitment, expansion and attraction to bring additional jobs and positive economic outcomes to the Phoenix metropolitan region. Today, GPEC represents 22 cities in central Arizona representing over 4,390,000 residents. As part of the City's GPEC membership,we have representation on the GPEC Board of Directors, Mayors & Supervisors leadership participation, access to GPEC educational and ambassador events and direct involvement with the Economic Development Directors Team meetings. GPEC's services have assisted the Greater Phoenix Region by attracting new employers and enhances the region's economic competitiveness. Since their 1989 inception, GPEC has attracted over 950 new companies to Arizona resulting in 174,000 new jobs and over $36,600,000,000 in capital investment. The agreement between GPEC and the City of Apache Junction has specific responsibilities to cooperate on a regional level to assist GPEC's annual performance goals. Some strategies are periodically adjusted based on the three-year GPEC Action Plan as well as to reflect current economic circumstances; however, the core focus and goals remain relatively fixed. A full copy of the contract and exhibits has been provided to this agenda item. This year's membership renewal with GPEC is $24,486.00 (based on $0.6252 per capita for Pinal County population of 38,851, and $0.4897 per capita for Maricopa County population of 400). Staff respectfully recommends approval of the contract and Mayor Wilson's recommendation to have Councilmember Peter Heck serve as Apache Junction's representative on the GPEC Board of Directors. ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION This AGREEMENT is entered into between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and the GREATER PHOENIX ECONOMIC COUNCIL ("GPEC"), an Arizona non-profit corporation, both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party". RECITALS A. City desires to retain the services of a regional economic development agency to undertake strategic worldwide economic development initiatives including business recruitment, expansion and attraction to bring additional jobs and positive economic outcomes to the Phoenix region. B. GPEC is one of the region's premier economic development groups for regional economic development services for the Phoenix region. C. The purpose of this agreement is to set forth the regional economic development program that GPEC agrees to undertake,the support that the City agrees to provide, the respective roles of GPEC and the City and the payment schedule between the City to GPEC for the 2023-2024 fiscal year. D. The Parties negotiated a similar agreement effective July 1, 2023 through June 30, 2024. NOW,THEREFORE, in consideration of the mutual promises contained herein, the CITY and GPEC agree as follows: 1. RESPONSIBILITIES OF GPEC A. MISSION: Attract and grow quality businesses and advocate for Greater Phoenix's competitiveness. B. GOALS: GPEC is guided by and strategically focused on two specific long- range goals: 1. Marketing the region to generate qualified business/industry prospects in targeted economic clusters 2. Leveraging public and private allies and resources to locate qualified prospects, improve overall competitiveness, and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: 1. GPEC's primary role is developing the Greater Phoenix region's market intelligence strategy for high wage, base industry clusters in coordination with representatives of GPEC member Page 1 of 14 communities. 2. Retention and expansion of existing businesses within GPEC member communities is primarily a local issue. 3. GPEC will support its member communities' efforts to retain and expand existing businesses through coordinating regional support and providing research on key retention and expansion projects. 4. GPEC will advise its member communities when an existing company contacts GPEC regarding a retention or expansion issue, subject to any legal or contractual non-disclosure obligations. D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and Expansion Policy set forth above and subject to the availability of adequate funding, GPEC shall implement the Action Plan and Budget adopted by GPEC's Board of Directors, a copy of which has been delivered to the City, receipt of which is hereby acknowledged. A summary of the Action Plan is attached hereto as Exhibit A ("GPEC Action Plan"). The City shall be informed of any changes in the adopted GPEC Action Plan which will materially affect or alter the priorities established therein. Such notification will be in writing and will be made prior to implementation of such changes. Notwithstanding the foregoing, the City acknowledges and agrees that GPEC may, in its reasonable judgment in accordance with its own practices and procedures, substitute, change, reschedule, cancel or defer certain events or activities described in the GPEC Action Plan as required by a result of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC shall solicit the input of the City on the formulation of future marketing strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed upon changes to the GPEC Action Plan. E. PERFORMANCE TARGETS: Specific performance targets, established by GPEC's Executive Committee and Board of Directors, are attached hereto as Exhibit B ("GPEC Performance Measures") and shall be used to evaluate and report progress on GPEC's implementation of the GPEC Action Plan. In the event of changing market conditions,funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control, these performance targets may be revised with the City's prior written approval, or with the prior written approval of a majority of the designated members of GPEC's Economic Development Directors Team ("EDDT"). GPEC will provide monthly reports on the 15tn of each month to the City discussing in detail its progress in implementing the GPEC Action Plan as well as reporting the numerical results for each performance measurement set forth in Exhibit B. GPEC shall provide a copy of its annual external audit for the preceding fiscal year to the City no later than December 31, 2023. In the case of any benchmark which is not met, GPEC will meet with the EDDT to provide an explanation of the relevant factors and circumstances and discuss the approach to be taken in order to achieve the target(s). Failure to meet a performance target will not, by itself, Page 2 of 14 constitute an event of default hereunder unless GPEC: (i)fails to inform the City of such events; or(ii)fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement. II. RESPONSIBILITIES OF THE CITY A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to GPEC's economic development efforts as follows: 1. The City shall respond to leads or prospects referred by GPEC in a professional manner within the time frame specified by the lead or prospect if the City desires to compete and if the lead is appropriate for the City. When available, the City agrees to provide its response in the format developed jointly by EDDT and GPEC. 2. The City shall provide appropriate local hospitality, tours and briefings for prospects visiting sites in the City. 3. The City shall provide an official economic development representative to represent the City on the EDDT, which advises GPEC's President and CEO. 4. The City shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with GPEC's staff, the use of shared data systems, land and building data bases and private sector real estate industry interfaces. 5. The City shall use its best efforts to respond to special requests by GPEC for particularized information about the City within three business days after the receipt of such request. 6. In order to enable GPEC to be more sensitive to the City's requirements, the City shall, at its sole option, deliver to GPEC copies of any City approved economic development strategies, work plan, programs and evaluation criteria. GPEC shall not disclose the same to the other participants in GPEC or their representatives. 7. The City shall utilize its best good faith efforts to cause an economic development professional representing the City to attend all marketing events and other functions to which the City has committed itself. 8. The City agrees to work with GPEC to improve the City's competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the City in Exhibit C ("Targeted Industries"). B. NONEXCLUSIVE AGREEMENT:The City recognizes GPEC as a regional economic development organization for marketing the Greater Phoenix Page 3 of 14 region. Nothing in this agreement however prohibits the City from contracting with other regional economic development marketing providers for similar services. 111. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s) of the City shall be entitled to participate in GPEC's marketing events provided that such participation shall not be at GPEC's expense. When requested and appropriate, GPEC will use its best efforts to provide technical assistance and support to City economic development staff for business location prospects identified and qualified by the City and assist the City with presentations to the prospect in the City or their corporate location. B. COMPENSATION&TERM: 1. The City agrees to pay$24,486 for services to be provided by GPEC pursuant to the Agreement during the fiscal year from July 1, 2023 ending on June 30, 2024, as set forth in this Agreement. This amount is based on approximately$0.6252 per capita applied to that portion of the City's population outside of Maricopa County plus $0.4897 per capita applied to that portion of the City's population within Maricopa County, based upon the based up on the 2022 Office of Economic Opportunity population estimate, which listed the City as having a population of 38,851 in Pinal County and 400 in Maricopa County. The payment by the City may, upon the mutual and discretionary approval of the board of directors of GPEC and the City, be increased or decreased from time to time during the term hereof in accordance with the increases or decreases of general application in the per capita payments to GPEC by other municipalities which support GPEC, but in no event shall the total compensation exceed $30,000.00 for the term of this Agreement. 2. Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the City pursuant to the required budget process of the City. 3. GPEC shall submit invoices for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the City with the audit required pursuant to paragraph I(E) above no later than December 31, 2023, no payments shall be made hereunder until the City receives the audit report and is provided at least a 30 calendar day review and approval period.. Invoices and monthly activity reports, substantially in the form of Exhibit D ("Reporting Mechanism for Contract Fulfillment") attached hereto, are to be submitted to the address listed under paragraph IV(P). C. MUTUAL COOPERATION: 1. The parties acknowledge that GPEC is a cooperative organization effort among GPEC and its member communities. Accordingly, the Page 4 of 14 City and GPEC covenant and agree to work together in a productive and harmonious manner, to cooperate in furthering GPEC's goals for FY2024. The City and GPEC further covenant and agree to comply with the Regional Cooperation Protocol, attached hereto as Exhibit F, in all material respects. 2. The City agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY2025 contract. 3. The City agrees to work with GPEC during FY2024 to develop a revised public sector funding plan, including a regional allocation formula for FY2025, if determined to be necessary or appropriate. IV. GENERAL PROVISIONS: A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For a breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, in its discretion,to deduct the commission, brokerage or contingent fee from its payment to GPEC. B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no payment shall be made to any contractor as long as there is any outstanding obligation due to the City, and any such obligation shall be offset against payment due to GPEC. C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and have no effect. D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this Agreement creates any partnership,joint venture or agency relationship between the City and GPEC. At all times during the term of this Agreement, GPEC shall be an independent contractor and shall not be an employee of City. City shall have the right to control GPEC only insofar as to the results of GPEC's services rendered pursuant to this Agreement. GPEC shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. GPEC shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, GPEC shall indemnify, defend, hold, protect and save harmless the City and any and all of its council members, appointees, officers and employees from and against any and all actions, suits, proceedings, claims and demands, loss, liens, costs, expense and liability of any kind and nature whatsoever, for injury to or death of persons, or damage to property, including property owned by City brought, made,filed against, imposed upon or sustained by the City, its appointees, officers, or Page 5 of 14 employees in and arising from or attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions or from operations conducted by GPEC, its directors, officers, agents or employees acting on behalf of GPEC and with GPEC's knowledge and consent. Any party entitled to indemnity shall notify GPEC in writing of the existence of any claim, demand or other matter to which GPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party. F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by GPEC, its agents, representatives, employees or contractors, in accordance with the Insurance Requirements set forth in Exhibit E ("Insurance Requirements"), attached hereto. The City acknowledges that it has received and reviewed evidence of GPEC's insurance coverage in effect as of the execution of this Agreement. G. GRATUITIES. The City may, by written notice to GPEC, terminate the right of GPEC to proceed under this Agreement upon one (1) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by GPEC, or any agent or representative of GPEC, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract; provided that the existence of the facts upon which the City makes such findings shall be an issue and may be reviewed in any competent court. In the event of such termination, the City shall be entitled to pursue all legal and equitable remedies against GPEC available to the City. H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows: 1. GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, gender, sexual orientation, national origin, age or disability. GPEC shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, national origin, age or disability. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. GPEC agrees to post in conspicuous Page 6 of 14 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. GPEC will, in all solicitations or advertisements for employees place by or on behalf of GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, sexual orientation, national origin, age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to Agreements or subcontracts for standard commercial supplies or new materials. 4. Upon request by the City, GPEC shall provide City with information and data concerning action taken and results obtained in regard to GPEC's Equal Employment Opportunity efforts performed during the term of this Agreement. Such reports shall be accomplished upon forms furnished by the City or in such other format as the City shall prescribe. (. COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC 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 and agrees to comply therewith in performing under any resultant agreement and to permit City inspection of its records to verify such compliance. 1. GPEC warrants to the City that, to the extent applicable under A.R.S. §41-4401, GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A.R.S. § 23-214(A). GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The City retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty. 2. The City may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty. 3. The City will not consider GPEC or any of its subconsultants who work on this Agreement immaterial breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA§ 1324(a) and (b) of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by Arizona Revised Statutes§ 23-214(A). Page 7 of 14 4. The provisions of this Section I must be included in any contract GPEC enters into with any and all of its subconsultants who provide services under this Agreement or any subcontract to provide services under this Agreement. As used in this Section I "services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 5. Pursuant to A.R.S. §§ 35-393 through 35-393.03, GPEC hereby certifies to the City that GPEC does not have any contracts/services/providers/suppliers that boycott Israel. 6. In accordance with Arizona Revised Statutes § 35-394, GPEC hereby certifies and agrees that GPEC does not currently and shall not for the duration of this Agreement use 1)the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If GPEC becomes aware during the term of this Agreement that GPEC is not in compliance with this Section, then GPEC shall notify the City within five (5) business days after becoming aware of such noncompliance. If GPEC does not provide the City with written certification that GPEC has remedied such noncompliance within one hundred eighty (180) days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) day remedy period,this Agreement shall terminate on such contract termination date. J. TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail to duly perform, observe or comply with any covenant, condition or agreement on its part under this Agreement and such failure continues for a period of 30 calendar days (or such shorter period as may be expressly provided herein) after the date on which written notice requiring the failure to be remedied shall have been given to GPEC by the City; provided, however, that if such performance, observation or compliance requires work to be done, action to be taken or conditions to be remedied which, by their nature, cannot reasonably be accomplished within 30 calendar days, no event of default shall be deemed to have occurred or to exist if, and so long as, GPEC shall commence such action within that period and diligently and continuously prosecute the same to completion within 90 calendar days or such longer period as the City may approve in writing. The foregoing notwithstanding, in the event of circumstances which render GPEC incapable of providing the services required to be performed hereunder, including, but not limited to, insolvency or an award of monetary damages against GPEC in excess of Page 8 of 14 its available insurance coverage and assets, the City may immediately and without further notice terminate this Agreement. K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's performance hereunder shall be in material compliance with all applicable federal, state and local health, environmental, and safety laws, regulations, standards, and ordinances in effect during the performance of this Agreement. L. INSTITUTION OF LEGAL ACTIONS. Any legal actions instituted pursuant to this Agreement must be filed in the county of Pinal, State of Arizona, or in the Federal District Court in the District of Arizona. In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys'fees as may be fixed by the Court. M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded hereunder or out of the proposals herein called for, which cannot be administratively resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree that the venue for any such action shall be in the State of Arizona, Pinal County. N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by an Arizona court of competent jurisdiction. O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records separate for three years and make them available for audit by City personnel upon request . P. NOTICES. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed,three (3) business days after the notice is deposited in the United States mail addressed as follows: If to City: Bryant Powell City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Phone: (480)474-5092 Fax: (480)474-5110 Page 9 of 14 If to GPEC: Chris Camacho President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix, Arizona 85004-4469 Phone: (602) 256-7700 FAX: (602) 256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received. Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph. Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J), all parties hereto acknowledge that this Agreement is subject to cancellation by the City pursuant to the provisions of A.R.S. § 38-511. R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or employee of the City will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to GPEC or successor, or on any obligation under the terms of this Agreement. No member, official or employee of GPEC will be personally liable to the City, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the City or successor, or on any obligation under the terms of this Agreement. S. SEVERABILITY. City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise)to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text. U. NO THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason of any provision of this Agreement. Page 10 of 14 V. Disclosure of Confidential Information If Required By Law. This agreement allows the Parties to disclose Confidential Information, as defined below, to each other under the following terms. In the opinion of the Parties to this Agreement: (1) the Confidential Information is the proprietary property of the Parties and is strictly confidential and privileged pursuant to, among other laws, A.R.S. §§44-401, et seq., (2) the release of the Confidential Information provided could cause harm to the Parties' competitive position, (3)the Confidential Information is potentially personal and private, and (4) the Confidential Information is exempt from disclosure under the Arizona Public Records and Open Meeting Laws, A.R.S. § 39-121, et seq. The Agreement does not license, assign, or convey any intellectual property or proprietary rights from any Party to any other Party. "Confidential Information" means non-public information, know-how, or trade secrets in any form, that: 1. Are designated as being confidential; or 2. A reasonable person knows or reasonably should understand to be confidential. The City must comply with and may be subject to certain disclosure requirements under the Arizona public records law (A.R.S. § 39-101, et seq.). The City may disclose Confidential Information if required to comply with a court order or other government demand that has the force of law. Prior to disclosure, the Party must: 1. Seek the highest level of protection available; and 2. Give GPEC reasonable prior notice of the request for records and identified responsive documents to allow them to seek a protective order, unless such notice is not permitted under law. W. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be executed in up to three (3) duplicate originals, each of which is deemed to be an original. This Agreement, including eleven (11) pages of text and the below-listed exhibits which are incorporated herein by this reference, constitutes the entire understanding and agreement of the parties. Exhibit A-GPEC Action Plan Exhibit B-GPEC Performance Measures Exhibit C -Targeted Industries Exhibit D- Reporting Mechanism for Contract Fulfillment Exhibit E- Insurance Requirements Exhibit F-Regional Cooperation Protocol This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will not operate as a waiver of any default, or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. Page 11 of 14 All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 12 of 14 IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of , 2023. City of Apache Junction, an Arizona municipal corporation By: Walter "Chip" Wilson, Mayor ATTEST: By: Jennifer Pena, City Clerk APPROVED AS TO FORM: By: Richard J. Stern, City Attorney STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) On this day of , 2023, before me, the undersigned Notary Public, personally appeared Walter "Chip" Wilson, who acknowledged himself to be the mayor of the city of Apache Junction, an Arizona municipal corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: Page 13 of 14 GREATER PHOENIX ECONOMIC COUNCIL, an Arizona nonprofit corporation By: Chris Camacho, President& Chief Executive Officer STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On this day of , 2023, before me, the undersigned Notary Public, personally appeared Chris Camacho, who acknowledged himself to be the President& Chief Executive Officer of Greater Phoenix Economic Council, an Arizona non-profit corporation, that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: Page 14 of 14 �; 3s41 s i � X�u v a 1 3 � � � R � ♦ • "E �Feu s( Over the past year, this market has future.This innovative undercurrent is seen major expansions planned by reflected in the vibrant momentum of prominent companies, including Greater Phoenix, recognized as one of Intel and Taiwan Semiconductor the fastest-growing and most dynamic Manufacturing Company (TSMC). metropolitan areas in the United Along with their suppliers, these States. expansions are bringing billions of dollars of investments to the region At GPEC, we believe Greater Phoenix and quickly making Greater Phoenix has the potential to be a global leader a national hub of semiconductor in innovation, entrepreneurship and The tactics outlined in this action innovation.These legacy investments sustainability.This market is home plan will promote Greater Phoenix are bolstered by an increasing to the most dynamic and forward- as a leading market that drives number of startups and small thinking businesses in the world. innovation in a dynamic, anti-fragile businesses choosing to establish Paired with a talented and diverse and equitable economy where themselves in Greater Phoenix — workforce, we are poised to meet the all residents benefit and prosper, together growing and diversifying the challenges of the future. and reinforces GPEC's place as a regional economy. preeminent economic development We cannot achieve this vision alone. It organization, providing value to its Looking toward the future, I am takes a collective effort from business private and public sector partners. filled with a sense of excitement and leaders and policymakers to realize possibility.This is a time of rapid the full potential of a region. We must Thank you for your continued support change and transformation. New work together to create a welcoming and dedication to our shared vision. technologies, ideas and industries are environment for new ideas and new reshaping the world around us. As an investments.A market that fosters organization dedicated to economic creativity and collaboration ensures development and job creation, we are everyone is given the opportunity Chris Camacho uniquely positioned to help shape that to succeed. President&CEO,GPEC %U7) 2 .,,. :i,: C°!' << ,rnn..R3 iih i1 sZf14f.54P;,.�tskYRk w„X%°i"N'vw'.P.r.. .. 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OurValues The GPEC Way £t & t We areinclusive, diverse r¢4 fttt ���t 5i s £t Ss�rgJ �S �i*7ij v We are change agents �Y t rt Yrtt4kt 1}s}{}i � t ED We lead from the front We promote intellectual curiosity lr We remain on the edge We are tenacious V Ip t i t We are agile and adapt to change We are committed to selfless service 7 i 0 Y r MINMEMEMIM Ft 23 = 25 Strateg *ic Plan Goals: W� FW= M Lead an ambitious shared Enhance the foundation of the Expand organizational capacity vision for the region's future economy with a focus on to serve the Greater Phoenix economic future emerging and in novation-cl riven economic ecosystem and meet industry sectors the needs of the market Three-year Strategic Plan Goals ti ........... .................................. MEIN= ISE , rall teig a n,, gi H FY244.) Strategies n a ct i cs � �t�s�� !s 4 rr bJ lyk Y 7' Working collaboratively with partners at the local, state and federal level FY24 � will focus on amplifying opportunities for action on economic imperatives4 impacting the Greater Phoenix region. StrategiesNO Convene the community to Drive conversations around Be a leading voice regionally _ articulate a vision for the region's policy priorities that enhance the and nationally on economic future and inspire action around pillars of an innovation economy development priorities key economic imperatives such as infrastructure, education and strategies and workforce development, ��sxrnv, rrr,�,,,rtmw smart and agile land use, and a � k»flN capital-friendly environment f'r Establish regional economic health Advocate for Greater Phoenix's Host the 2024 IEDC ' metrics and share them through a economic roadmap with to state Leadership Summit centralized resource leadership to gain key investments ` 3 Utilize owned media channels to Continue to monitor and amplify Continue publishing thought amplify regional messaging and messages addressing regional leadership that drives a strategic grow GPEC's influence imperatives to encourage progress regional vision using data and analytics Continue to advocate for national Provide a platform for competitiveness by serving on organizations working to address "'` Utilize the Washington D.C. the Secretary of Commerce's , regional imperatives that expands ExecMission to advocate for the Investment Advisory Council their reach region's federal priorities by ,,, Pursue national media addressing key decision-makers opportunities to elevate the region and proactively shape narratives about Greater Phoenix Engage site selection consultants and key multipliers to enhance awareness about Greater Phoenix t c, n.iu I s t k^ t f w`a u � a e j FY24 : Strategeies and Tactics ill build on the successes of the past year, proactively engaging audiences tioall internationally o reinforce Greater nix as a premier location for investment asin. Strategies Fortify business attraction efforts to Enhance the perception of the @ Lead on data analytics and Intensify support for regional remain best-in-class and execute Greater Phoenix market as a cutting-edge research capabilities entrepreneurship with a focus on sector-focused strategies premier location for people and to provide intelligence to clients on equity, capital strategies and businesses to live, grow and work and stakeholders innovation in collaboration with regional partners Share success stories of companies Maintain consistent messaging on key Develop and circulate data and tools Continue to support efforts in- expanding and relocating to the region topics and regional competitiveness by that assess market risk,workforce market that highlight the regional Convey key messaging that resonates providing stakeholders with accurate availability, and economic vitality while entrepreneurship ecosystem and with international audiences to draw data and information identifying upcoming trends growth companies to attract capital attention to Greater Phoenix on the Highlight resources for new residents Continue to collaborate with partner interest international stage and companies to assist in their full organizations to provide unique data V' Showcase and publicize local Collaborate with international groups to integration into the Greater Phoenix and analytics that inform activities companies that receive investment enhance international connectivity and ecosystem related to regional economic via GPEC`s channels support foreign direct investment and Leverage key stakeholder and partner imperatives expansion in Greater Phoenix expertise to enhance messaging utilize qualitative and quantitative data points to develop compelling narratives z S {t'15}}4t}trYs'� u { ri4r{i; r cfrt�t:i t}{ cl s4 f 1 f47i tt 1 FY24 : ItJrtt sit � Yttr`'` ;* ;�yE p3��t y , a�ritt a £s }ai'=�r4} }t rt�rtt{}tt5 Q}73tY{Ttftt}f�f{i�Y{fjt11}}}ti t�2{s�St t32��31}S}i 1 t�y�g7{. � 1 .,$s 78 � ts+J,� i Strateg *ies and T i ttr,7 t t r '�y Buildingon its strop foundation, GPEC will continue to leverage internal ° a.° g g strengths in FY24 to ensure organizational health and demonstrable value to its stakeholders while maintaining best-in-class processes and talent. , , Strategies Grow capacity through increased @ Coordinate with key Evaluate organizational metrics Invest in and fortify internal - Evaluate best practices and investment and diversified stakeholder groups to enable to measure impact beyond capabilities through recruitment bylaws to ensure the GPEC's funding to provide resources an agile response to the business attraction and professional development Board of Directors remains high- that enable execution against needs of Greater Phoenix to maintain a best-in-class caliber and activated to support strategic economic Initiatives economic development team the organizational mission anchored in innovation Build on GPEC's strong Grow the reach of GPEC's Regional Evaluate and benchmark peer Continue to highlight GPEC staff Engage GPEC's Board through reputation to garner more public Reports and Ambassador program regions to improve upon best as experts in their respective fields creative opportunities for mutual company investment to engage regional stakeholders with practices and understand via recognition, certification and support of organizational missions Evaluate federal opportunities captivating content that provides competitive market advantages speaking opportunities and further connection with staff education about the region Leverage stakeholder expertise to Provide professional development and stakeholders for funding that encourages innovation and cluster Work with communities via the implement new metrics opportunities to enhance Activate Board experience to development in the region Community Partnership Program knowledge and depth of economic support GPEC in the execution of Provide unparalleled value to to initiate creative solutions and development practices priority initiatives investors and maintain high innovative best practices Remain preeminent in systems levels of recurring investment Collaborate with research management and economic development Ensure GPEC is a top regional and professionals across organizations to hone best practices in addressing national employer by sustaining regional needs a focus on diversity, equity and inclusion measures 011MESEMEM Revenues Approved Approved YOY YOY Metr*ics andFY24 FY23 Var.$ Var.% City/County Contract Revenue $2,863,157 $2,822,580 $40,577 1% Budget Overview Pledge Revenue $4,020,525 $3,783,476 $237,049 6% New Pledges $425,000 $500,000 $(75,000) (15%) GPEC calculated the metrics for FY24 based on historical In-Kind Contributions $140,500 $140,500 $- 0% performance and recent trends in office and industrial Special Events& Programs $202,000 $181,609 $20,391 11% Sponsorship Income $320- - ,000 $281-,000 $39,000- 14% prospect activity. ----------- ----- ------------ -- -------- ------ - ----- - -- ---- - - Grant Income $- $- $- 0% FY24 Metrics Other Income $1,000 $1,000 $- 0% Contract Target Stretch Total Revenue $7,972,182 $7,710,165 $262,017 3% Payroll (in Millions) $412.84 $458.71 $504.58 Jobs 7,060 7,845 8,629 Expenses Approved Approved YOY YOY /o FY24 FY23 Var.$ Var. - High-Wage Jobs 3,738 4,153 4,569 ------------------------------------------------------------------------------------------------------------------ ------ ........................... ---------- ----------- Business Development $772,695 $716,878 $55,817 8% Salary High-Wage Average Hi 66 243 73 603 80 963 g g g y $ $ $ Marketing &Communications $538,268 $474,278 $63,990 13% ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------- ----------------------------------- Qualified Prospects 233 259 285 Research &Analytics $297,988 $261,720 $36,268 14% -Qualified International Prospects 43 48 53 Engagement $168,197 $167,647 $550 0% GPEC Assists 10 12 14 Strategy $- $67,680 $(67,680) (100%) Stakeholder Satisfaction with Regional Initiatives $245,365 $249,235 $(3,870) (2%) Business Attraction ' 7.0 7.3 7.6 Operations $467,681 $474,270 $(6,589) (1%) Community Return on Investment 2 40:1 44:1 48:1 Personnel $4,972,596 $5,072,166 $(99,570) (2%) ----------------------------------------------------------------------------------------------------------------------------------------------------- ...................------ ------------------------------- Stakeholder Satisfaction with 70 73 76 Facilities $577,001 $561,033 $15,968 3% Competitive Position ' . . . Special Events& Programs $249,000 $181,609 $67,391 37% Average result from respondents of EDDT and R0I is calculated as a ratio of direct revenue Total Expenses $8,288,791 $8,226,516 $62,275 1% Board of Directors end of year surveys from GPEC locates divided by funding from o , GPEC member communities Net Income/(Loss) $(316,609) $(516,351) $199,742 (39/o II rf 22 cities, towns & Maricopa County Proposed WOur Cornrnun *it*ies i 6o rikrtirg 17 Route 19 ateSurprise , 60 Peoria • Apache Junction Maricopa . flit 101 "" • Avondale Mesa F 5urprit. ,Fountai:it Miragen 101 Hips 101 17, • Buckeye Peoria 303 �oungtown� �,lendale Scottsdale 51 Los ngelett. loilesan ". Casa Grande Phoenix 10 10 10 Aaondale% Plscsenst , rudceye " . esa Apace Chandler Queen Creek 85 Trrt � � unctiPri erna#Zonal 60 _ ..flt Airport " SR-30 Goodyear 10 " Cbert. Extension 24 1- • El Mirage Scott s d a l e 202 202 ,Phoenix-Mesa ;Gateway chandler Ckeen ' Airport FF U ':. 347 Creels, Fountain Hills Surprise 85 F} • Gila Bend Tempe ��Ff�,£ 10 Proposed Route Gilbert Tolleson • Villa Bend y 85 J7Fj�o£t $ Distance in Miles maricrapa= 0 5 10 N • Glendale Wickenburg of Buckeye 4, Casa '-- rtranri�a" t �F:Im � .; �.. �' ., • Goodyear Youngtown �� San Diego Tucson 8 t 011MESEMEM Builder Level ° HonurHealth ° Bridge Relocation ° Global Roofing Group ~ Rider LevettBucknaU ° BNGFRaikwav Investors ' ~ AcronisS[S ~ |nt*| Corpnm�nn [onci*rge ° GrayConstruction ^ RKLogisticnGroup ^ Cu|i6er[ompaniey ��`��' ^ Air2o ^ Isola Group ~ Bristol Myers Squibb ~ Graycor Construction ~ RSKA ~ Camana ^ Alliance Bank ufArizona ~ JE Dunn Construction ^ BRPH ~ Green Maple Law Group ~ Ryan Companies USInc. ^ Chicago Title Insurance ~ American Airlines ~ Kitchell ~ Bryan Cave Leighton ` Hay6on Building Corp ~ SDB Contracting Somices Company Arizona Visionary L���| . American Express . Knight-Swift PaiunerLLP . har6ison/Jowney ~ Silicon Valley Bank ~ CoStar Group ~ Arizona Coyotes Transportation ^ 8ryc«» C»»cLr«cti»» construction ~ Skanska ~ Cypress Office Properties ~ Arizona Diamondbacks ° K4 [u|inary ° 8ur»s� K4cUo»»e|| ° Hensley ° Smit�5roup , Enterprise&National aps ° ArizonaRopu6|ic/ ^ ��ayoC|inic ~ CancerTreatmont ~ Hines ° Soria|Te|eviyion CarRenta|A���A���0� L0CALi{l ° Mi6FiratBank Centers nfAmerica ~ Ho|ua|oaCompanies Network(3TN) ~ Equity Land Group ~ Bank of America ^ Mortensen ~ CapR«ckPartners ^ HotFootRecruitem ^ Southwest Airlines ~ Gir| Scouts-Arizona ^ Banner Health ~ Daktvee Capital ~ Colliers International ~ Hunt'Gui||ot& ~ Southwest Gas Cactus Pine Council ^ Benchmark Management ~ Commonwealth Land Associatea' LLC Corporation ~ Globe Corporation Champion Level Electronics' Inc. ^ On [lFinancial Title National ~ |mmo6ia ~ Spencer Fane LLP ~ Horrocks Engineers ~ BMO Harris Bank ^ Perkins Co|nLLP Commercial Services ^ |rgens ~ Sunbelt Holdings ~ Industrial Storage ~ BOKFinanda| ~ Phoenix Suns ~ Cresa ^ JLL ~ Sundt Construction ^ KTAR ~ Brookfield Residential ^ Pivotal Group , Crescent Crown ^ Land Advisors ° Terrecon ° Lvft �����m��� --------- ^ CBRE ^ po|uino||i Distributing Organization ^ The Howard Hughes ~ K4acerich ~ Chicanos PnrLaCausa ^ Quarles&Brady ~ Crown Realty& ` Lee&Associates Corporation ~ Merit Partners ^ C|ayco ° Rioe48Equity Development ~ Lincoln Property ° The Plaza Companies ° K4eta ������������^ ° Cousins Properties, Inc. ° Sherman & Howard ^ C«shma» &VVake�e|d Company ^ Trammell Crow Company ° Midwestern University -~~ ^~~��~~�� ������� ° Creighton University ° Snell &yyi|mer LLp ^ Davis Architecture ^ Mack Real Estate Group ^ Transwestern Commercial ^ K45SBTA . Desert Financial . Squire Patton Boggs ~ De Rite Partners ` MeritageHomeu Services ~ National Bank ofArizona Credit Union ~ Valley Metro ~ De|»itte ~ K4HG Relocation Services ^ TIK4C ^ Newmark Knight Frank Accelerator Level ~ Dignity Health , Valley ofthe ° Deutsch Architecture ° MST Solutions ~ University of Arizona ~ Northrop Grumman ~ DM8Associatos Sun United Way Group ~ Nationwide Realty ~ USAA . pro|ogin ~ D3y . Vita|ant ^ DFDG4rchit*ct«»e Investors ~ VieVVestGroup ~ q8otica 0��0� ° Ear|yyyarning , yy�itzCompany ° Dirrks Moving &L»Qistics ~ No�kernTiu�� ~ VVespacConstruction, |nc ° RED Development �~�~�University =������` -~�w���� ~ EK8DE|ectrunics ~ DLRGr««P ° Off��a6isonAve ~ VVexfor6Science + ~ Resolution Copper . Empire Southwest ^ DP Electric ~ {)k|an6Conntruction Technology . Sunotate Equipment ^�° Ernst&Young Advocate Level ° DPRC»»ntructi»n ° [)|ynon " VVi||mengConstruc1ion Company I����-������� On 1� �� ��AR}COPA . Fneepo�K4c��oRanInc. ~ Aerotek ^ E| �»na6niHo|6inQs ~ C)neAZ Credit Union ~ VVist Office Products ~ TerraCap ��anayement nsight ��� �om `�� �° "°�=`="� . Global Credit Union ^ Aetna ~ �mP|»Ymr�Qe ~ Opus Development ~ The Austin Company ~ Guodmans |nterior ^ Alston Construction ^ Enterprise Ba»k&Tr«st Company . Trinity Capital Structures ~ Anchicon LC.Arohitecture ^ Equality Health ° Page Supporter Level Investments ��p���X�0�� �� RK�«�ERS ^ Goodwill of Central and ° Arizona Israel Technology ° Everest Holdings ~ Partners Personnel " Air Products and ~ Union Pacific Railroad ���� 6�/ �a """"°"^`— Northern Arizona Alliance , Expedient ~ Pathwerd Chemicals, Inc. ~ Van Trust Real Estate LLC ° Grand Canyon University ^ Baker Development ` F[LB«i|deru ^ PhoenixChi|d/en's ^ Arizona Community ~ Western State Bank ^ Helios ^ Bell Bank ~ H'st8ank Hospital Foundation ~ yyhiteHaven ~ Hensel Phelps ^ B|uoCrousB|ue ~ Flinn Foundation ° Preferred Lending ° Atmosphere Commercial ° Zi||ow WE�'mf���=�� ° Honeywell S�ie|6ofArizona , Gammage& Burnham Partners Interiors ==�ATT '�===[Fffl Is ~ GCDN ^ Rexco ~ Axnet|nc. As of Moy3*'2023 %T) 1 � Connect. Engage . L*Isten . Share . Engage with us year- round for timely updates on the innovative ways we' re advancing Greater Phoenix, t� EXHIBIT B GPEC PERFORMANCE MEASURES FY 2024 Specific performance targets as established by the GPEC Executive Committee and Board of Directors: 1. Payroll Generated $41.2.84M 2. Total Number of Jobs Created 7,060 3. Total Number of High-Wage Jobs' 3,738 4. Average High-Wage Salary $66,243 5. GPEC Assistsz 10 6. Number of Qualified Prospects 233 7. Number of Qualified International Prospects 43 8. Community Return on Investment3 40:1 Footnotes: 1. High Wage Jobs:High wage jobs are those that are over 130%of the Phoenix MSA Median Wage(currently$59,245). 2. GPEC Assists:Companies that located in the region,for which GPEC provided assistance,that do not qualify as a locate due to project size for example;and would otherwise be listed as"non-reported locates." 3. ROI is calculated as a ratio of direct revenue from GPEC locates to all member communities divided by funding from GPEC member communities Page 1 of 1 EXHIBIT C TARGETED INDUSTRIES FY2024 GPEC and our member communities have identified targeted industries on a local and regional level, incorporating these industries into a regional economic development plan. For fiscal year 2024, GPEC will continue its emphasis on the following: Advanced Business Services;Aerospace&Defense; Battery &Energy Storage; Emerging Technologies; Healthcare and Biomedical; Manufacturing&Logistics; Mission Critical. Operations; Semiconductor Ecosystem; and Software. Member communities will target the following: Apache Junction Manufacturing(focus on electronic equipment&components and electric&autonomous vehicles), distribution/logistics,retail, and hospitality/entertainment/tourism Avondale Healthcare;hospitality/tourism;manufacturing&logistics,technology;retail& entertainment; and technology Buckeye Advanced business services;renewable energy;high tech(data center and services); environmental technology/sustainability; standard and advanced manufacturing;medical and educational institutions; logistics/transportation/distribution; small business/incubator; aerospace/aviation; and ag-tech Casa Grande Advanced manufacturing; automotive technology; transportation/logistics;healthcare/medical services; aviation/aerospace; and hospitality/entertainment Chandler Advanced business services; corporate/regional headquarters; healthcare; advanced manufacturing; software development; aerospace/aviation; automotive technology; and applied research El Mirage Business Services; standard and advanced manufacturing; transportation;warehousing/distribution; heavy industrial;food,fiber,and natural products; and aerospace aviation Fountain Hills Advanced business services; financial services;healthcare,medical,bio-life sciences and wellness; entrepreneurship/small business;tourism; and retail Gila Bend Clean technology(manufacturing/central station generation/R&D); warebousing/transportation/distribution;military supply chain; tourism/hospitality; standard manufacturing; agriculture/agri-biotechnology; food, fiber and natural products; aerospace/aviation; and heavy industrial Pagel of 3 Gilbert Aerospace/aviation and defense; advanced business and professional services; finance and insurance; healthcare and education services; information communication technology; manufacturing; clean and renewable technology; and related corporate/regional headquarters Glendale Advanced business services; aerospace, aviation and defense;healthcare and bioscience; manufacturing; technology and innovation Goodyear Advanced business services; advanced manufacturing; medical manufacturing; aerospace, aviation and defense; corporate and regional headquarters; entrepreneurial/start-ups; technology;healthcare and biomedical(treatment,medical diagnostics,research&development); and higher education Maricopa(City) Professional and business services; healthcare services; small business and entrepreneurship; higher education and education technology; agribusiness/agrisciences; and visitor/hospitality commerce; semiconductor; EV manufacturing; high tech; and research and development Mesa Standard and advanced manufacturing including medical device; automotive technology and aerospace/aviation/defense; advanced business services; cybersecurity;information technology; healthcare/life sciences; mission critical operations; tourism;regional and corporate centers; and research & development Peoria Advanced business and financial services; aerospace/airport; advanced manufacturing;bioscience and healthcare;technology and innovation; innovation; and research and development Phoenix BioSciences/healthcare; advanced business services; advanced manufacturing; data centers; sustainable enterprises; emerging industries, EV and their supply chains;higher education; trade and FDI; circular economy; food system entrepreneurship and innovation Queen Creek Advanced Manufacturing; agritainment/destination tourism; healthcare;I.T./software; and business services Scottsdale IT services and software; financial and insurance services and technology; healthcare services and innovation; logistics Management; tourism; and corporate headquarters Surprise Advanced business services; advanced manufacturing and rail-served industry; corporate/regional headquarters innovation/entrepreneurship/emerging technology; medical,healthcare and life science technologies, services; signature retail; specialty services for global companies/FDI; tourism and hospitality Tempe Advanced business services(financial services);high tech/software(R&D, data center and services); high-tech/next generation electronics; aerospace R&D/aviation;bioscience(research, drug development, Page 2 of 3 treatment,medical diagnostics); corporate/regional headquarters; sustainability(environmental); advanced materials/plastics; software as a service; clean tech,renewable energy and manufacturing Tolleson E-Commerce/fulfillment centers;resort/tourist-oriented development; expanded retail opportunities; small manufacturers with some related retail and offices Wickenburg Resort/tourist-oriented development;healthcare with an emphasis on behavioral health;transportation& distribution; expanded retail opportunities; senior industries, equestrian and rodeo industries Youngtown Youngtown is in the throes of developing a commerce park. The park will target second-stage small manufacturers with some related retail and offices. Page 3 of 3 EXHIBIT D FY 2024 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report- Month, Year BUSINESS ATTRACTION PERFORMANCE METRICS: GPEC Progress Toward Goals Annual Contract Actual Goal %of Targeted Opportunities Goal YTD YTD Goal YTD PAYROLL GENERATED(MILLIONS NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS AVERAGE HIGH WAGE SALARY QUALIFIED PROSPECTS QUALIFIED INTERNATIONAL PROSPECTS GPEC ASSISTS COMMUNITY RETURN ON INVESTMENT KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES GPEC continues to target high-wage industries(Advanced Business Services;Aerospace&Defense; Battery& Energy Storage;Emerging Technologies;Healthcare and Biomedical;Manufacturing&Logistics;Mission Critical Operations;Semiconductor Ecosystem; and Software) Page 1 of 1 EXHIBIT E INSURANCE REQUIREMENTS The City's insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the minimum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents,representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the City. 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/13 or any replacements thereof) General Aggregate/per Project Products-Completed Operations Aggregate Personal &Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability -Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 10/13 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page i of 3 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1. Commercial General Liability a. The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of. activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. b. GPEC's insurance shall include broad form contractual liability coverage. C. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d. GPEC's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e. GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. £ Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement. g. The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses arising from work performed by GPEC for the City. 2. Workers' Compensation and Employers'Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) calendar days'prior written notice has been sent to City at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested. Page 2 of 3 E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Arizona and with a "Best's" rating of not less than A-:VII. City in no way warrants that the above required minimum insurer rating is sufficient to protect GPEC from potential insurer insolvency. F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each. insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or Limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice. City's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. City reserves the right to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. During the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the City prior to execution of this Agreement. Page 3 of 3 Regional Cooperation Protocol Policy Greater Phoenix Economic Council and Economic Development Directors Team The foundation of this policy is built on trust and the spirit of regional cooperation among the entities involved. GPEC and the Economic Development Directors of its member communities agree and acknowledge that it is important that they work together as partners on projects involving the communities which GPEC represents, regardless of the source of the lead, as follows: l. Demonstrate a commitment to the positive promotion of the Greater Phoenix, specifically, GPEC member communities, as a globally competitive region. 2. Maintain the highest standards of economic development prospect handling,including confidentiality, without jeopardizing a prospect's trust to secure the probability of a regional locate.Partners agree to respect the prospect's request for confidentiality but also agree to notify each other as to the existence of a project with a confidentiality requirement when able and shall make a good-faith effort to involve the appropriate state,regional or local partners at the earliest possible time. 3. Unless otherwise restricted, agree to coordinate through GPEC for any prospect considering a project in Maricopa County or in any of the communities that GPEC represents,understanding that GPEC is in a unique position to represent and speak on regional economic development issues and on characteristics of the region's economy. Likewise, GPEC acknowledges that communities are in the best position to speak about local incentives and efforts surrounding the local economy. 4. For projects that originate with a GPEC member community, GPEC will be available for confidential research access,topical expertise or as a service provider,to add value to the community in securing the project. Additionally, GPEC will not e-track the project unless the community lead makes such a request to do so. 5. Provide accurate and timely information in response to specific requests by all prospects. When a client has narrowed sites to specific GPEC member communities, GPEC will make a good faith effort to inform those affected EDDT members first. EDDT members agree to provide information solely on their own community when the information requested is site-specific(i.e.,cost of land,taxes, development fees,utility availability and cost,zoning process timing,permit timing and local incentives). When site-specific information related to other GPEC communities is requested, EDDT members agree to(i) direct GPEC prospects back to GPEC or(ii)direct non-GPEC generated prospects to contact the affected communities directly,and as a courtesy, contact the affected communities. 6. Agree that regardless of the lead source,public locate announcements shall be coordinated among the company, GPEC member community,and GPEC to reflect inclusiveness and cooperation of all partners (subject to any confidentiality requirements). 7. GPEC and EDDTs will advocate for a robust operating budget for the state economic development agency, and champion sound statewide economic development programs and policies. 8. Discourage the proactive offering of local,municipal financial incentives for existing jobs to companies with current operations in another GPEC community. 9. Inform GPEC member community when a company visits or physical site visit within that community will occur. Economic Development Directors will be the primary point of contact for the company when community information is needed. 10. Agree that the consideration of a future community to GPEC's membership will be brought before Page l of 2 EDDT for discussion in advance of any board consideration. EDDT will make a recommendation on the addition of a new community to GPEC's President and CEO. 1.1. Formalize a process to convene GPEC and Economic Development Directors of GPEC member communities biannually, and cooperate in the exchange of information and ideas reflecting practices, procedures and policies relating to prospect handling and regional economic development. 12. Work collectively to maintain a high level of trust and integrity by and between GPEC and the Economic Development Directors of GPEC member communities,utilizing differing views as an opportunity to learn. 13. When conducting market intelligence initiative objective, GPEC staff will coordinate with EDDT to ensure coordination and communication. 1.4. When a Prospect Information Form(PIF)is issued by the state economic development agency GPEC will coordinate the region's response. All PIF submissions will be directed to GPEC's attention and GPEC will assemble the response and return to the state economic development agency. 15. It is understood GPEC will or may host annual executour(s) and/or other marketing familiarization tour(s)to promote the regional communities. GPEC will make every attempt to provide as much interaction time between the executour guests and EDDTs. It is understood EDDTS will inform GPEC of any upcoming executour(s)and/or other marketing familiarization tours scheduled by their office. 16. Partners agree to enter into a mediation process if there is evidence that this Protocol has not been observed in a material respect or a professional conflict arises that cannot be settled. This mediation process will be convened by the EDDT Chair,who may, at his/her discretion,consult or involve GPEC's President and CEO in addition to others with topical expertise central to the conflict. Page 2 of 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 23-385 Sponsor: Liz Langenbach Agenda Date:7/18/2023 Index: In Control: City Council Meeting Presentation of proclamation declaring the month of July, "Parks and Recreation Month." City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 Proclamation DESIGNATION OF JULY AS NATIONAL PARKS & RECREATION MONTH JULY 2023 WHEREAS; our parks, trails and recreation programs are vitally important to establishing and maintaining the quality of life in our city, ensuring the health of all citizens, and creating stronger, more vibrant and resilient communities; and WHEREAS; parks, trails and recreation programs increase a community's economic prosperity, increase tourism, aid in the attraction and retention of businesses, and helps reduce crime; and WHEREAS; parks, trails and recreation programs are fundamental to the environmental and social well-being of our community; and WHEREAS; the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS; Apache Junction recognizes the benefits derived from parks, trails and recreation NOW, THEREFORE, 1, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim July as "Parks and Recreation Month" Signed and attested to this day of , 2023. WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 23-380 Sponsor: Chip Wilson Agenda Date:7/18/2023 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 23-381 Sponsor: Bryant Powell Agenda Date:7/18/2023 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 23-373 Sponsor:Ted Wolff Agenda Date:7/18/2023 Index: In Control: City Council Meeting Presentation and discussion on the Public Works' Fiscal Year 2023-2024 Capital Improvement and Street Maintenance Plan. City staff will present information regarding the status of the city's streets and upcoming capital improvement and street maintenance projects for the new fiscal year. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 Public Works Department Home of'the Superstition Mountains .ter. Date: June 5, 2023 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Ted Wolff, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Public Works' Fiscal Year 2024 Capital Improvement & Street Maintenance Plan Public Works staff respectfully brings forth the Fiscal Year 2024 Capital Improvement & Street Maintenance Plan for presentation and discussion. The presentation's primary focus will be the street maintenance and capital improvement projects planned for the new fiscal year starting July 1, 2023 through June 30, 2024. Presentation is for information purposes and the opportunity for councilmembers to ask questions. Many projects in the plan are to be done by contractors and will come back to city council per city's procurement rules for consideration of award. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 IN i ,'T PA }�4' t �: ��� i`•:2 �} i' a. r � ,?a r z � � ��t�i-iit�it'�'� "it tF� a� ht�1t�-�. � �� „z �e�• z z , ��'� � �. s° �� r� ��j r���� ��: `� r �,� 1 4I t � � Y f t F h' 'v t 9 ru t y�t Y tt I. r z o 10 LL.§Y CUTG MA &3tILEVRRD m LeIS gend: I Q � r ship Seal: Slurry Seal 6 F aC Yu�wiWii: • i f 6 t � W }� ji'1[y+7�Fog Seat MOMMMEW Overlay Crick Seal New Improvements a r - construction . U g Drainage Wwwl a �p ,e�txe9 A 6 .r nF •s ; i G. 6 o la � •mom .� f", Y'.,y .„,,,�'+.: .t $ ..g 1 - ^Y SJi .mom � , ,. . ,. n �., � :.�; �� ,..ru,,,�. r,-. ., � } y,wb u � ��� �� 7� k �i Iti{`t�'� }i.r ls.� ...�, ��. ,. } � t � t . �i �{ � � 4i 6 n f tt) v ,.�n, . I LI 1�.�"y sY { � P� ir� � 'f;���yJ ' ri Ss�tit,�tnti ,�, r � �lS �i`r sz'�`�,� r� �xs a t Y Ft �* Y$,�a.�t�3 s 21£ µi, � "p � i tv 4 4 t 7s= �ti l�,xz{4 � �, t o-p�t��*`� ,��;'ar��'y�zN� .,ttr�;,ua �,., ggG , � � � � � City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 23-382 Sponsor:Al Bravo Agenda Date:7/18/2023 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 23-374 Sponsor:Ted Wolff Agenda Date:7/18/2023 Index: In Control: City Council Meeting Presentation and discussion on the procurement of new and replacement fleet vehicles outfitted with lighting and equipment in the amount of$2,819,084.00, budgeted for the current fiscal year utilizing the cooperative contracts with the State of Arizona Contract Numbers CTR041810 and CTR059323 and the City of Tempe cooperative contract number T21-003-02. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: July 5, 2023 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager From: Ted Wolff, Public Works Director Subject: Proposed Purchase of General Fund Vehicles The public works department budgeted $2,230,084 for three replacement detective vehicles, 4 additional detective vehicles, two replacement vehicles in the evidence division, three replacements in the patrol division, two additional police motorcycles, seven additional patrol vehicles, one replacement prisoner transport van and seven replacement parks and recreation vehicles. The purchase of these vehicles includes lighting and all equipment using general funds in the city's Fiscal Year 2023/2024 budget approved by the city council in June. Police Department Detectives 1- 2023 Ford Explorer to replace unit 20-366 with 102,992 miles in fair condition. 1- 2022 Ford F-150 Super Crew Cab to replace unit 20-377 with 111,858 miles in fair condition. 1- 2023 Ford Explorer to replace unit 20-378 with 119,320 miles in fair condition. New Additions: 2- 2023 Ford Explorers 1- 2023 Ford Edge 1- 2023 Ford F-150 Super Crew Cab Police Department Evidence 1- 2023 Ford Explorer to replace unit 20-259 with 122,380 miles in fair condition. 1- 2023 Ford F-150 Super Crew Cab to replace unit 20-339 with 117,537 miles in poor condition. Prisoner Transport Van 1- 2023 Ford Transit 350 DRW to replace unit 20-353 with 238,571 miles in poor condition. This vehicle is rolled over from FY 2022/2023 budget year. 2- Camera Systems for two prisoner transport vehicles. 575 E. Baseline Avenue, Apache Junction, AZ 8521.9 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Patrol 1- 2023 Ford Explorer Police Utility Interceptor to replace unit 20-376 with 101,353 miles in poor condition. 1- 2023 Ford Explorer Police Utility Interceptor to replace unit 20-381 with 111,986 miles in poor condition. 1- 2023 Ford Explorer Policy Utility Interceptor to replace until 20-399 with 97,255 miles in poor condition. Patrol Additions 2- 2023 BMW Motorcycles 5- 2023 Ford Expedition XL STX 2- 2023 Ford F-150 Responders Parks and Recreation Department 1- 2023 Ford F-150 Regular Cab to replace unit 50-209 with 77,387 miles in poor condition. 1- 2023 Ford F-150 Regular Cab to replace unit 50-219 with 89,790 miles in poor condition. 1- 2023 Ford F-150 Regular Cab to replace unit 50-220 with 86,781 miles in poor condition. 1- 2023 Ford F-350 with dump bed to replace 50-182 with 73,210 miles in poor condition. 1- 2022 Ford F-350 with dump bed to replace 50-186 with 79,634 miles in poor condition. 1- 2023 Ford F-350 with dump bed to replace 50-165 with 78,825 miles in poor condition. 1- 2023 Ford F-350 with dump bed to replace 50-149 with 74,631 miles in poor condition. This vehicle was rolled over from FY 2022-2023 budget year. The purchase of these vehicles would be through the State of Arizona Cooperative Contract# CTRO59323 with San Tan Ford. The lighting and equipment would be through the City of Tempe Cooperative Contract#T21-003-02. 575 E. Baseline Avenue, Apache Junction,AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: July 5, 2023 To: Mayor and Members of the 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 $589,000 for one replacement bucket truck, two replacement vehicles, two additional vehicles and one new certified street sweeper. Equipment and vehicle purchases include lighting and equipment using highway user revenue funds (HURF) in the city's Fiscal Year 2023/2024 budget approved by city council in June. 1- 2023 Ford F-450 DRW Sign Truck to replace unit 30-271 with 120,620 miles and in poor condition. This vehicle is a rollover from FY 2022-2023 budget year. 1- Ford F-550 XL Bucket Truck to replace unit 30-210 with 128,467 miles in poor condition. 2- 2023 Ford-250 XL to replace unit 30-278 with 164,310 miles in poor condition. 3- 2023 Ford F-350 with dump beds - new additions 1- 2023 Freightliner M2-6- chasis with a Regen X Sweeper PM-10 Certified Street Sweeper. -new addition. This will be a 5.7% grant match with the Maricopa Association of Government. The purchase of the Freightliner would be through the State of Arizona Cooperative Contract#CTR041810. 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 Tempe Cooperative Contract#T21-003-02. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt��.,, t �,tf., F t, a`. x I w r II 4%1'�,��j V6 �A,;ST� General Fund Vehicles owwtment o iceue pa -Le ives,,, 3 Replacement Vehicles and 4 additions 2" rep,lacement vehicles :Patro'l ,,, Ireplacet-nent vehicles, 2 additional motorcycles and 7 ad',dfti ns, V I -2 -Ptfl�or effransport Van : 1 replacement, rolled over from FY22 General fund Vehicles P ar s ,, 'R,=creation nt"",nhicles 3 r`e- ol a c e m e v e -Aleplacementls, 'zu trucks: 1 Isuzu truck is a rollover from FY 22-23 u I "'S�j , Totzill,,,'',G'e,,n'eral, ,Fund S ' end to include lighting and equipment is p 011% 01% z, ,z,30 0840 j $ I�A ,H, i:g' hw' ay User Revenue Fund Vehicles r s' ' Pub1ic,W ''k ' ' ep ' Iacement bucket truck Y,d�� 1, "T, rep acement 'sign , -23 truck that was rolled over from FY22 d-tionall ' ucks with dump beds r 24d, -10 Certified Street Sweeper n J1,,add,itiIo ' alPM ' b a [HURF, S' endto include lighting and equipment is $589,000 p MIA 4%1'�,��j Y'I,,:,v; V6 �A,;ST� Y-oll ry-% endation c o statt Re i i i ta, ''recommends the purchase of general fund and highway user revenue u n v f A,, ohicles with lighting and equipment in the amount of $2,819,084. The "City, 'wifl,be:using the State of Arizona Cooperative Contract # CTR059323 with �S 'T an n Ford a,nd, CTR041810 with Freightliner. The lighting and equipment Id-be' through th ' City of Tempe Cooperative Contract #T21-003-002. e City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 23-388 Sponsor: Riley King Agenda Date:7/18/2023 Index: In Control: City Council Meeting Presentation, discussion, and consideration of approval of entering into a construction agreement with Veregy through the 1 Government Procurement Alliance Cooperative Contract 22-11 PV-08 to replace and upgrade lighting at Prospector Park softball complex to energy efficient and dark sky friendly lighting in an amount not to exceed $841,470.00. This expenditure was approved in the FY2023/24 Budget. City of Apache Junction,Arizona Page 1 Printed on 7/13/2023 0 Z Cit o Apache junction Home of 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, 2023 SUBJECT: Award of Contract for Sports field lighting upgrade Sports field and rodeo arena lighting within City of AJ Parks and Rec facilities are among some of the oldest infrastructure in our parks. They are old, high maintenance, high energy lights that have been due for upgrade for many years. The Little League complex lighting was updated to shielded/LED structures several years ago through a Diamondbacks grant, and we have since scheduled all other lighting to be phased to shielded/LED lights over the course of 3-4 budget years. Prospector Park softball fields#1 and #2 are the first, and most expensive, due to additional pole replacements and will dually serve the purpose of first row lighting for the adjacent fields #3 and #4. City staff have selected Musco lighting. They are one of the premier manufacturers for sports field lighting, with a focus on energy-efficient, shielded LED lighting. There are several reasons why this is the best choice for our facilities: 1. This is the same system that is at our Little League fields; and their automated system is already integrated into our facility reservation software and additionally allows light activation by our staff from a mobile device or a computer 2. Musco has experience designing sports field lighting that is compliant with Dark Sky Friendly Sports Field Lighting and their design will assist in gaining that designation at each field 3. Over time, the city will have substantial savings through lower electrical costs and lower maintenance/replacement costs. The City will utilize Musco's vendor, Veregy, for this replacement project under the 1 Government Procurement Alliance (1 GPA) Cooperative Contract 22-11 PV-08 thus fulfilling procurement and open market procedures. Staff is recommending a construction contract be awarded to Veregy, in an amount not to exceed: $841,470.00 (which includes a 5% owner-controlled contingency for unforeseen circumstances). This item will be presented and discussed at your August 17th Work Session and brought back the following evening for approval at the August 18th Council Meeting. Time is of the essence for this project. The best window for this construction to take place is during the annual shutdown of fields for overseeding which occurs during October. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119*PHONE(480)983-2181•FAX(480)982-2438 9 TDD(480)983-0095 CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND VEREGY FOR PROJECT: PR-23-01 PROSPECTOR PARK SOFTBALL FIELD SPORTS LIGHTING THIS AGREEMENT made andentered to by and betweenthe CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and , an Arizona limited liability company, ("Contractor"), sometimes collectively referred t " r r individually as the"'Party" RECITALS A. Contractor asserts its willingness, ability a li tl to provide the servicesn fr tur.. (the "Work") r 3" called r "Exhibit A- Bid Proposal" and Contractor's estimate dated May 1 , 2023. B. City and Contractor desire to set forth herein their respective responsibilities an the manner and terms upon which Contractor shallrender r . C. City has compliedit the public bidding requirements un r Arizona Revised tut " .") Title , and Apache Junction It Vol. y Code 1, Chapter lnistration, Article 3-7. Procurement Rrocedures, or such workIs categoricallyt from such r . D. The City will utilize the lGovernment Procurement Alliance Cooperative Contract -11 PV-08 for contractor services. NOW, THEREFORE, City retains Contractor to perform, and Contractor agreesto render the Workin accordance withterms iti t forth as follows: I. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and ©r In a good workmanliker, the Workin accordance wit fully describedi "Exhibit - Bid Proposal"- Contractor's estimate datedincluding, but not limited t A. Demo and removal of existing I lights on the West side of the"wagon wheel" f softall fields. Pole bases to be cut down " below grade. Relocate it, wire and Junctionbox t new locations as shown on MUSCO drawings. Re-terminate conductors lFurnish and install new MUSCO control link controller. April B. Physical location f the project i . 3015 N Idaho Apache Junction,n, 85119 COMPLETION: total amount payable by the City Hundredto the Contractor is an amount not to exceed Eight Hundred One Thousand Four ll rZero n , , (the "Contract " for the performance the Workr the Contract Documents except for changes authorized erly executed change r rs (contingency), which shall not exceed an additional 5% of the Contract Sum, in the amount of Forty Thousand and Seventy Dollars7 for a total of Eight Hundred Forty-OneThousand Four Hundred SeventyDollars n rCents 1, 7 , All contracts will be operable for their fall term t the rates t in the initial bid proposal, unless otherwise xt n in writing by the City. Upon notice that the WorkIs ready for final inspection r acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptableunder the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief + the basisf its observation and inspection, the Workbeen completed In accordance with the terms n itl n f the Contract Documents andthat partial payment or the entirebalance the Contractor is payable. Final payment all not become due until the Contractor submits" to the City all required lien waivers, releases n other data establishingpayment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish release r waiver required y City, Contractor y furnish n t indemnify I against any lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter y be compelledto pay In discharging such liens, including all costs n reasonable attorn y fees. 3 CONTRACT TERM: c Term of this r t Is July 18, 2023, t This provision does not limit the liability of Contractor for actual damages sustained y City as a result of any breach of contract or warranty by Contractor. xt n n y be approvedt times as the Partiesmutually deem fit. MATERIALS:4. LABOR AND Unless otherwise vl in the Contract Documents, tr t r shall rovi e, pay for and insure n r t requisite I n regulations all lmaterials, equipment, tools n _ machinery, water, heat, utilities, transportation, other facilities ry cnecessary for the proper execution and completion of the Work, whether temporary or permanent, n t r or not incorporated or to be incorporated in the Work. 5. Contractor understands agreest inspection of the Workor run r will occur by City. Contractor agrees that City will have the exclusiveright to determine, in its sole discretion, whether the Workr in accordance withthe Contract Documents. Contractor further agrees to make such rr ` n t the Workdirected i to conformto saidContract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Workagainst defective workmanship r materials for_ period f one (1) year from the datef its final underacceptance the contract, ordinary wear and tear and unusual abuse or neglect t . Any omission on the part of City to condemn f tiv r r materials at the time of construction shall not be deemed an acceptance and Contractor will be required t ' correct defective workr materials at any time before final acceptance. Within on r from t f final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfactionf City within fourteen r days f receipt f written noticefrom . Such workshall-include the repair or replacement f other work or materials damaged or affected by makingthe aboverepairs or corrective workall at no additional cost to City. In the casef Work materialsr equipment for which warrantiesare required y the special provisions f the Contract Documents, Contractor shall provide or secure from the r ri t o ntrt r or supplier such warrantiesr to and in favor f City and deliver same t® City `prior to final acceptance of the Work. Delivery f such warrantiesall not relieve Contr t r from y obligation assumedn r any other provision of the contract. The warranties and guarantees providedin this subsection shall be in additiont n not in limitation of any other warrantees, guarantees or remedies required law, and all survive the expiration f this Agreement for the time period mentioned above. . Contractor shall pay all license, l , consumer, transaction privilege, use andother similar taxes for the Work or portions thereof r vi y Contractor which arelegally enacted at the time i t received r or not yet effective or subsequently applicableto actsf jurisdictions r bodies other than City. PERMITSUnless otherwise pr Sri in the Contract Documents, Contractor shall secure andfor all permits, government fees, licenses n inspections necessary for the proper execution and completion of Work whichr ust rily secured after execution of the contract, is are legally required. ntr for shall give all notices andcomply with allI ordinances, rules, regulations an lawful orders of any public authority rin n the performancef the Work. City permits for this r ill be providedt Contractor at no cost. Contractor represents and rr t any license necessary to perform the Workr this Agreement is current andvalid. Contractor understands that the activitydescribed herein constitutes "doing._ business in the Cityf Apache Junction" and Contractor agrees to obtain business license rs t to Chapter 8 of the Apache JunctionCity Code, Vol. l; and keep such license urr nt during the term f this r it and after termination f this Agreement any time is performed pursuant to the warranty r visi t forth in Section 6. Contractor also acknowledgesthat the tax provision of the Apache Junction Tax Code, Chapter 8A, may alsoapply and if s , shall obtain a transaction privilege license and/or other licenses as may be required the city code Any activitysubcontractors wit I the corporate it limits ' ill invoke 4 the same licensing regulations on any subcontractors, tr t r ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege n use taxes that are applicableto the activities, r is and services r Sri r this Agreement. 9. I :Contractor shall at all times during Contractor's per n f the services retain ntr t is status as an independent contractor. Contractor's employees shall under no circumstances be considered r held to be employees or agents of City, and Cityshall have no obligation to pay or 'withhold state or federal taxes r provide workers' compensationr unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise anddirect the deliverythe materials usingits best skill and attention. Except as providedin this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, noes and procedures, and for coordinating all portions of the Work required ntrst Documents. Contractor shall be responsible t' City for the acts and omissionsf its l y , subcontractors and theit agents n loy s and other persons providing any of the materialsunder any contract document. 10. l Contractor shall employ a competent project superintendent who shall be In attendancet the project site rri progress f the Work. The superintendent shall represent n be the community agent of Contractor and communicationsiv to the superintendent shall be as binding s If given to Contractor. Important cirri ti ns shall be confirmed in 'writing. The designatedsuperintendent ll be designatedfor each project and communicated to City before workis performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progressschedule, which shall be maintainedt r rin the project. r r r ss during regular it si s hours only if it is determined by Citynot to disturbnormal operations. 12. 1 I fullest extent permitted by law, Contractor shall defend, indemnify and holdsr I ss City, its elected and appointed i r , officials, agents, andemployees from against any andall liability l i t limited to demands, claims, actions, fees, is and expenses, Including reasonable r witness fees, arising from, r alleged to havearisen from, relating t , arising out of, or allegedto have resulted fromthe acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performancef this r t, but only to the extent caused by the negligence, I ss or intentional wrongful conduct f Contractor or its subcontractors i the performance of the Work under this Agreement or any subcontract. ntr t is duty to defend, I sr I s indemnify it , its special districts, elected and appointedofficers, officials, agents, and employees shall arise in connection with anyl i , damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, r destruction of property including i loss of use resulting therefrom, caused by n`Contractor's acts, errors, mistakes,s, issi s, work r services i the performancef this Agreement including I yes of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, is ions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other personfor whose acts, errors, mistakes, i si n , Work or services Contractor may be legally liable in the performancef the Workr this Agreement or subcontract. The amount and type of insurance v r ► ge requirements set forth r ill in no way be construeds limiting the scope f the indemnity in this paragraph. The rights n li sti ns under this Section shall survive termination of this Agreement. . All subcontractors ntr t r will be subject to City's approval, All subcontractors shall be identified Contractor prior to awardf contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval f City. APPLICABLE14. terms and conditionsf this Agreement shall be governedt' and interpreted in accordanceit the laws of Statethe f Arizona. Any action at law or in equity brought by either Party for the purposef enforcing a right or rights r vi for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providingfor a changef venue i such r i to any other county. In the event either Party shall bring suit t enforce term of this r rat ort recover any damagesfr and on account f the breachterm r condition in this Agreement, it is mutually agreedt the prevailingParty in such actionshall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable at rn fees, necessary witness fees andcourt costs to be determinedy the court in such cti n. 15. IContractor, ati n , shall purchase and maintain the herein stipulated minimuminsurance wit companies 'l licensed, possessing a current A.M. Best, Inc. Rating of + r approved unlicensed in the StateArizona i lii forms of t to City. All insurance required r ishall be maintainedin full force t until all Work or service required to be performed under the terms f the Agreement i satisfactorily I t formally accepted; failure to do so may, at the sole discretion f City, constitute a material breach of this Agreement. Contractor's insurance shall be primaryinsurance respects the City, and insurance r self-insurance maint i y City shall not contribute to it. Any failure to complyit the claim rting provisions of the insurance policies r any breach of an insurance policy warranty shall not affect coverage affordedunder the insurance lici to protect City. The insurance lici , except ' Compensation, shall contain iv r f transfer rights of recovery (subrogation) against City, its agents, officers, officials employees for any claims riin out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance lici y provide coverage whis nt ins deductibles or self-insuredretentions. uc a ti le and/or self-insured retentions ll not be applicable it respect to the coverage pr vi to City under such policies. Contractor shall be solelyresponsible for the deductibleand/or r if retention and City, at its option, require n act r to securepayment of such deductibles rself-insured retentions' surety n r an irrevocable unconditional letter of credit. City reserves right to request and to receive, it i ten working certified copies f any or all of the hereinrequired insurance policies -and/or endorsements. itshall not be obligated, however, to review r to advise Contractor of any deficienciesin such policiesendorsements, and such receipt ll not relieve Contact r from, r be deemed a waiver of, City's right to insist on strict fulfillment f Contractor's li ti under this r nt. The insurance lici , except Workers' Compensation and Professional Liability, required i Agreement, shall name City, its agents, officers, officials and employeesiti ll cur Commercial General Liability Contractor shall maintain Commercial General Liability insurance withlimit of t less than $1,000,000 for rrence with a $2,000,000 Products/Completedrations Aggregate and a $2,000,000 General Aggregate limit. The policyall include y r for bodily injury, r form property l injury, products and completedoperations blanket tr t l coverage including, but not limited t , the liability assumed under the indemnification pr vi io f this Agreement, which coverageill be t least as broadthat on Insurance rviOffice, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severabilityinterest provision and shall not contain sunset provision or commutation clause, nor any provisionis eelserve to limit third ti over claims. The Commercial r l Liability additional insured r ors rat shall be at least as broadthe Insurance rvi Office, Inc.'Inc.'s Additional Insured, Form , or the equivalent thereof, n ll include ov r for Contractor's operations ro ats and completedr ti . If required this r t, if Contractor sublets any part of the Work, services r operations, Contractor shall purchase and maintain, at all times during prosecution f the Work, services or operations under this r rat; an Owner and Contractor'sr t ti i ilit insurance poli for bodily injury and r rt , Including t , which may arisein the prosecution of Contractor's work, service or operations under this re rat. Coverage shall be on an occurrencesip with a limit not less than 1, r 'occurrence, and the policyshall be Issued by the same insurance are t issues Contractor's Commercial General Liabilityinsurance. Automobile i illt Contractor shall maintain Commercial/Business Aut iI i ilit insurance with a combinedsingle limit for bodily injury and propertyf not less than $1,000,000 each occurrencei respect to Contractor's , hired, and non-owned vehicles i to or used in performancen t r' work. Coverage will be at least as broadcoverage , "any t " (insurance rvi Office, I . Policy Form CA 00011293, or the equivalent thereof). insurance shall include y r for loading off-loading hazards. If hazardous substances, materials or wastes areto be transported, endorsement shall be included , r accident limits for bodily injury and propertyshall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed federal and state tuthaving saris i tion of Contractor's employees engaged in the performancef the Workr services; and Employer's Liability s r n t less than $100,000for each ci nt, $100,000 disease for each employee, id $500,000 disease policy limit. By execution f this r t, Contractor certifies as follows: which"I am aware and understand the provisions of A.R.S. § 23-901 et $eq. requires r employer to be insured i st liability for workers' compensationr to undertakeself-insurance In r n, with the provisions of this t r, and I will comply withr vi i ns before commencingr f the Workf this Agreement," If Contractor has no employees for whom workers' compensation insurance i required, tract r shall submit a declaration or affidavit to City so stating an covenanting to obtain such insurance if and when Contractor employs ny employees subject to coverage. In case anyr is subcontracted, Contractor will require subcontractors t provide r rs' Compensation and Employer's Liability insurance to at least the same extent as required f Contractor. Professional Liabilit Contractor retained it to providethe Work or service required this Agreement will maintain Professional Liability Insurance cov ri ants, errors, mistakes andi si n ri in out of the Workr services performed by Contractor, or anyperson employed by Contractor, with_a limit f notless t n each i gertificates of Insurance Prior to commencingr r services n r this Agreement, Contractor shall furnish ity with Certificatesf Insurance,' r formal endorsements as required by the Agreement, issued y Contractor's in r r , as evidenceat policies providing the required y r , conditions and limits required i Agreement are in full force t. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City tt r 's Office, shall comply withterms f this Agreement, and shall be issued liv 'r to City Attorney, Cityf Apache Junction, 300 East Superstition I v r , Apache Junction, , 85119 In the event any insurance policiesrequired i Agreement are writtenn "claims " basis, coverage shall to for two r t completion hacceptancefContractor's r r servicesn evidenced n l Certificates f Insurance. If a policyit urin the life of the Agreement, a renewal certificate must be sent to City thirty I t r days prior to the expirationdate. All Certificates of Insurance ll be identified ith bid serial number and title. Policies certificates completed r f City's Additional Insured Endorsement r a substantiallyequivalent insurance company form cc l to the City tt rn y evidencing v r required i section shall be filed it the City and shall include the City as an additional insured. policy` or licks shall be in the usual form f a public liability insurance, t shall also include the following r vi i n: "Solely as respects r y or on behalf of the named insured for the City of Apache Junction, it is agreedthat t ity of Apache Junction and its officersn Ioyees are added as additional Insureds under this clic ." Insurance required rishall not expire, be canceled, or materially changed without thirty calendardays' prior written notice to City. 1 change r r is a written order to Contractor, approved y a City representative, Issued r execution of this construction agreement authorizing a changein the Workr an adjustment is the construction r t sum or the construction agreement time. A change order signed by Contractor indicates hi r nt therewith. it without invalidatingthis agreement, order in the Work within the general scope of this construction r rat consisting of additions, deletions r other revisions, the construction agr nt sum and the construction r t i tataccordingly. All such c in the Work shall authorized n Order and shall be performedunder the applicable conditions of this tructi nagreement." City representative shall have authorityto order minor changes in the Worknot involving an adjust t in the construction agreement sum or extension of constructionagreement time and t inconsistent with the intent of this construction agreement. All such changes shall be affectedwritten order and shall be bindingn City and Contractor. 7. SUCCESSORS, ASSIGNMENTION: City andContractor each bind themselves, their partners, successors, assigns andlegal representatives to the other Party heretoto the partners, successors, assigns n legal representatives of such other Party in respect to all covenants, agreements and obligationsi tr t documents. Neither to the contract shall assign the contract or sublet it as a whole delegate the dutiesr u r, without the writtenconsent of the other, nor shall Contractor assign any moniesr to become due to it without the previous rite t of City. . WRITTEN NOTICE: Written tip ll be deemed t.:o have n my served if delivered in person to the individual r member of the firm or entity, or to an officef the corporationfor whom it was intended or if delivered t or sent registered or certified mail, return receipt requested, first-class postage prepaid to the last business addressto them who givesthe notice. !CLAIMS19. : Shouldeither Partyt t contract suffer iur r t r real property f any act or omission of the other rty or of their employees or agents for whose actsr legally liable, claims sall be made in writingto such other Parties within a reasonable time after the fiat observance of such injury r damages. 20. PAYMENT & PERFORMANCE BONDS: City ll have the right t require tr + t r to furnish bonds cov rin faithful r roc f the contract and the payment of all obligations arisingr u r. 21. SAFETY: Contractor and/or its subcontractors shall be solely' responsible for job safetyall times. RIGHTS22. Iduties n li ti imposed by the Contract the rights remedies v it le hereunder shall be in addition to and not a limitation of duties,any rightsremedies otherwise ravailable_ law. No action r failure to act by City or Contractor shall constitute a waiver of any right or duty affordedany f them under the contract, nor shall any action or failure to act constitute an approval f or are acquiescence to any breachesr u r except as may be specifically agreedto in writing. 23. EORCE_MAJEURE.- Neither City nor Contractor, as the case may be, shall be considerednot to have performed its obligationsunder this Agreement in the event of enforced dI "Enforced DeI ") due to causesy its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted t , acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, r , labor disputes, and unusually severer or the delaysf subcontractors or materialmen due to such is of a publicenemy, war, terrorism or act of terror i l ire t not limited to bio-terrorismr "-t rr rig , nuclear radiation, b insurrection, riot, labor strike or Interruption, t rti r similar 1 occurrence r any exercise of the power of eminent domain of any governmental behalfbody on f any publicentity, or a declarationf moratorium or `similar hiatus (whether permanent or rpublic entity directly tl the obligationsr this rc t. In no event' ill Enforced Delay include any delay resulting rom unavailability for aray reason of labor shortages, or the unavailabilityr any reason of particular Contractors, subcontractors, vendors r investors desir y Contractor in + tion with the obligationsr this Agreement, tr ct r agrees that Contractor alone will bear all risks f delay whichr t Enforced Delay. In the event of the occurrencef any such Enforced l , the time r times for performance of the obligationsf the Party claiming lshall be extendedfor a periodf the Enforcedlprovided, however, that the Partyire fit of the provisionsf this Section shall, within thirty calendar r such Party knows or should know of any such EnforcedDelay, first notify the other Party of the specific delay i writing n ! ! the right to an extensionfor the periodf the EnforcedDelay; and provided further t in no event shall a periodf Enforced Delay exceed rl r 24. I I CITY: TE_RMINATION BY CITY: City shall be permittedto terminate this Agreement if In the discretionf the city manager or hisr her designee, believes tr for has failed to meet the terms of this Agreement. City shall provide tip f Termination' to Contractor by Certified U.S. Mail t calendar f re such terminationtakes effect, B. IERMINATION BY CONTRACTOR: Contractor may terminate this Agreement it City fails to make payment as agreedin this rat. Any other termination will be deemed a breachf contract y Contractor. Contractor shall provide Noticef Termination to CityCertified it ten calendar days beforesuch termination takes effect, 25. RECORDS: Records f Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized rain sip and made availableto Cityfor inspection request. Contractor shall maintain records for a periodf at least t years after termination ofthis Agreement and shall make such records avil l rl that retention rl r examination or audit by City personnel during regular businessr . 26. AMENDMENT: It I mutually r that alteration or variation of the termsconditions this r t shall be valid unless made in writingn i y the Partieshereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor notedto r his or her designee, and the City Manager, or his or her designee) shall be authorized to executefuture amen n r extensions of this Agreement. 27.ENTIRE_AGREEMENT: This Agreement and anyrepresent the entireagreement between CityContractor and supersedel ri r negotiations, representations or agreements, eitherr r implied, written r oral. It is mutually understood andr that no alterationr variation f termsthe nconditions f this r t shall be validI in writing signedand y the Partieshereto. Written andsigned n ntshall automatically become part of the supportingrats, and shall supersede any inconsistent r vii therein; provi v r, that any apparent inconsistency ll be resolved, If possible, by construingthe provisions mutually I ry and supplementary, 28. I ITY: City and Contractor each believet the execution, livery and performancef this r t are in complianceit all applicable laws. However, in the unlikely event that any provision of this Agreement Is l r void r unenforceable (or is construedrequiring it to do anyt in violation of any applicable laws, including any con tit tion l provision, law, regulation, or titprovisionshall be deemed severed from i r t and this r rat shall otherwise remain in full force and effect; provided that this r t shallr ivl reformed the extent reasonably ' i l in such a manner so that the reformed agr nt (and any related agr n tiv f the same date) provide nti ll the same rights and t fits is and otherwise) to the Partiesif such severance n reformation wer not required.it nless prohibited by applicable laws, the Partiesfurther shall perform all acts andexecute, acknowledge and/or deliver all amendments, instruments consents necessary to accomplish to givet to the purposesf this r rat, as reformed. 29. TIME IS OF THE ESSENCE: Timeis f the essenceit respect t all provisions in this r nt. Any delay in performance by either Party shall constitute a t ri I breach of this r nt. CONFLICT30. r vi i f38-511 relating to cancellation of contracts due to conflictsf interest s ll apply to this contract. 31. CERTIFICATION PURSUANT to Arizona Revisedtut ntr t *rl o e l nt hereby certifies agreesthat Contractor/Consultant does not currently and shall not for the duration f this r t the forced labor of ethnic Uyghurs in the People's lit of China, 2) any servicesr goods producedy the forced labor of ethnicoars in the People'slip of China, r y suppliers, contractors or subcontractors that use the forced labor or any services r goods producedforced r of ethnic UyghursIn the People'sli m If Contractor/Consultant becomes awareduring the term f this Agreement that Contractor/Consultant is not in complianceit this Section, then Contractor/Consultant shall notify the Citywithin v business afterdays becoming awarenoncompliance. If Contractor/Consultant does t provide the City with writtenifl tl - that Contractor/Consultant has remedied such noncom- li it Its one hundredeighty 1 r notifying the Cityf such noncompliance, this r rat shall terminate, t that if t r rat termination t r before t n f such one hundred eighty 1 y remedy period, this r rat shall terminate on su contract termination da 32. III I I IParties acknowledge through amended, which forbids publi title from contracting ith Contractors who engage in boycottsf the Statef Israel. Shouldact r under this Agreement engage in any such boycott against the Statef Israel, this Agreement shall be deemed automaticallyterminated operation f law. Any such boycott is a material breach, f contract. COMPLIANCE33. IContractor understands and acknowledges the applicability of the American with Disabilities t, the Immigration Ref r ntr I Act of 1986 and the Drug Free Workplacet of 1989 to the servicesr under this t tR As required 1- 1, Contractor hereby warrantsits compliance with ll federal immigration laws andregulations that relate to its employees 1Contractor further warrants that after hiring an employee, Contractor willvrl the employmenteligibility of the I through t E- Verify program. It Contractor uses any subcontractorsin performancef services, subcontractors shall warrant their compliance withall federal immigration laws and regulations that relate to its employeesA.R.S. 14(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies I eat eligibility of the employeethrough the - rl r r breach f this warranty- shall t rl l breachthe Agreement that is subject t penaltiesu t h including termination f this r Contractor subject to a penaltyf $100 per day for the first violation, r day for the second violation, and $1,000 per day for the thirdi I ti n. City at its option may terminate this r rat after the third violation. Contr t r shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establishcompliance it the I rat verification provisionsf Sections 274A and 274B of the federal Immigration aa ti lity Act and the E-Verify requirements contained in - 14(A). City retains t legal right to inspect the papersf any 1 Contractor or subcontractor employee who worksr this Agreementt ensure:that the Contractor or subcontractor is complyingwarranty. Any Inspection II be conducted after reasonable notice t reasonable times. If state law is amended, the Partiesparagraph t t with state I IN WITNESSthe Partiesr this r t t signedbe their duly authorized representative as of this day of , Veregy, an Arizona li mited company s. of Electric CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona n l 1 corporation Walter"ChW!W-ilson Its: M r Jennifer Pena City Clerk 1 SternAPPROVED AS TO FORM: Richard J. AttorneyCity STATE OFA The foregoing was subscri f this day r � �` f ., an Arizona limited liability tc, rL YaComa aof ` ii My Commission STATE OF ARIZONA646,7 COUNTY OF PINAL The foregoing was subscsworn t before day f i _ Wilson, Mayor of the Cityf Apache Junction, iArizona i i i corporation. Notaryii My Commission it 1 Exhibit A Bid Proposal 16 PHOENIX 33 8 -t 1 Electrical AZROC 276050 B-1 General Contracting '# { 1 GPA 22.1 PV-08 Electrical and Lighting Products,EV Charging Stations and Services £ f� 4 Company MUS O Lighting s#}fContact Dee Smith # .E Date May_10,2023 7 Project Prospector Park Softball Field Sports Lighting In response to your request, Veregy is pleased to offer the bid proposal pricing, detail,and tart £{„ clarifications in accordance with the contract documents detailed herein for the above referenced t project. In #fir. 1, Demo and removal of(9)existing pole lights on the Vilest side of the"wagon wheel"of {,v softball fields, Pole lases to be cut down 1 "below r d . iy£t 2. relocate conduit,wire and unction box to(9)new locations as shown on I USCO ;u J drawings, , Re-terminate conductors on new MUSC O pole and LED heads. i 4. Furnish and install new I USC O control link controller, S. Applicable sales taxes. 1, Overtime, engineering,surveying, CARD file license fees,blueprint and reprographic- casts, permits and plan,check fees,cost of bid, payment and performance bonds, all allowances unless specifically noted herein,utility company costs, SWPPP,fees or consumption fees, electrical code upgrades and/or repairs to existing systems, warranty or freight claims for owner provided equipment. . EEV(Energized Electrical Work), AddifionaJI-CMMOAllorm' - 1. Expenses,additional labor, construction schedule delays due to light fixture fabrication, submittal process, etc. 2. To the extent that Subcontractor's timely performance of work is unreasonably impacted whether by acceleration,delay or otherwise,however caused, by Contractor, Owner, or any other party for whose acts Subcontractor is not legally liable, Subcontractor shall be entitled to an equitable adjustment to its contract which may Include additional compensation and/car an extension of time, including any increased costs of labor, overtime,and/or materials. 3. Spoils generated by subcontractor's work to be spread on:site.Offsite removal of spoils is not included; 4. This proposal is based on a standard Monday through Friday,(S)hours per clay,(40)Maur workweek. '�� PHOENIX 40, trVEREGY s Sat General Contracting Our price for the base bid portion of this work and any proposed adjustments is as follows: Base Bid: rSf+ 1, Alternate Backside lighting for /3 and l /3 poles 128,750M r irff is f� E J, }d tt r PHOENIX v� i 40 AZROC 2529 _T T Electrical r, AZROC 2 6 5 d-T General Contracting M. s r Please note that this pricing is based strictly upon the contract documents noted above and incorporates by reference,the terms contained in this Veregy bid Proposal. We reserve the right to modify,alter or revise any pricing to reflect adjustments to the bid documents,whether provided prior to,or following,the submission of the bid proposal, Veregy does not bid to'intent'or`implied interpretations'of others but to the actual contents of rr� these bid and contract documents as shown on the project bid drawings: }zr This proposal pricing has been calculated based on the cost and availability for the required labor, materials,equipment and services as of the date this bid Is submitted.however;the market for these pricing ;i components is volatile at this time and sudden price increases or lack of availability may occur at any time prior to j f{ the award of the subcontract,during the Course of construction,or before completion of the project. While Veregy will diligently use its best efforts to maintain the pricing quoted herein,should there be a price increase in excess of %the Owner/Contractor agrees to pay such cost increase to Veregy as an addition to the subcontract amount, Any cost increase presented for payment by Veregy shall require written notice to the Owner/Contractor detailing the increased cast breakdown and will be supported by invoices,bills of sale,or any other docurnent which may appropriately substantiate the cost impact to Veregy, r, r' This proposal contains proprietary information and is considered confidential to Veregy,It is submitted rsir p p p p � y fl f< upon the express condition that the information contained herein will not be released to competitors or otherwise t`34; used directly or indirectly in a way detrimental to the interest of Veregy,This proposal also supersedes any ;t}if previously communicated pricing and/or clarification relating project, to this e t, h Unless otherwise extended in writing from Veregy this bid shall remain in effect for thirty( 0)days from zfi the bid submission date, Veregy reserves the right,upon award of contract,to mutually negotiate any and all terms,conditions and provisions of the subcontract agreement,whether or not cont i d r d nti i din this id package,and in accordance with,but not limited to,the inclusions,exclusions and clarification$ noted in this Veregy i L We look forward to being selected as the electrical contractor for this project and to working with your project teary)for its successful and timely completion, If you have any questions,or need any additional information, contact us at(480)282-9501 Sincerely, Adam Kline Veregy The labor,materials,equipment and/car services to be provided for the above bid arno nt(s),the terms and conditions of this proposal,and any attachments hereto are satisfactory and accepted for incorporation into the subcontract agreement, Veregy is authorized to proceed with the wor as detailed herein, Customer Signature Print Name-and te Date of Acceptance CITY COUNCIL MEETING ROLL CALL Date: I-/1-17 Oda 7-Ig' �?pa3 Work Study Regular Special S:TO E:634 S: qQ E- l' S:b"ho E60 CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ f VICE MAYOR SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK '� COUNCILMEMBER JOHNSON v4v COUNCILMEMBER NESSER V COUNCILMEMBER SOLLER / TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V- Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern V, Information Technology Director Doug Wirthgen Public Information Officer Al Bravo Public Safety Director Michael Pooley -� Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias ae� Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich ^/ PW Project Engineer Raquel Schatz City Engineer Emile Schmid c7b 1- q- i1(ti S:\Templates & Forms\Roll Call - City Council -Attendance.docx 2�7Aa4,.c._ lea-ts-ow ✓ City Council VOTE - ROLL CALL ITEM # MEETING OF -7 R .z-3 MOTION BY: C'.kj��Gle� 2� SECONDED BY: NOTES:_ szo, YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON ✓ MAYOR WILSON ✓ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # _2 3 - 3 9? MEETING OF �7—(`�'ZdZ3 MOTION BY: C(la-CA er SECONDED BY: r 7 NOTES: IL12,�P�L4.<-I, U CAiOn Olpn�'Aa YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON t/ COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council CITY COUNCIL MEETING ROLL CALL Date: 12-/1-17 od3 7-l�- aoa3 Work Study Regular Special SA1 l E: 34 S: IQ E- g S:('h0 E60 CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ f VICE MAYOR SCHROEDER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER I/ COUNCILMEMBER SOLLER / TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell V, Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern g/ Information Technology Director Doug Wirthgen Public Information Officer Al Bravo Public Safety Director Michael Pooley -� Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach L/ ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge Q. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich 1/ PW Project Engineer Raquel Schatz City Engineer Emile Schmid S:\Templates & Forms\Roll Call - City Council -Attendance.docx ,� � City Council VOTE - ROLL CALL ITEM # MEETING OF -7 J R MOTION BY: SECONDED SECONDED BY: �� NOTES: Pll(1S0 YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON ✓ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # �2 -3 MEETING OF �7—() -zo-z3 MOTION BY: C&CotA e-C SECONDED BY: . Cg 7 NOTES: 1412 (r�P�T C-44 SkU C-+-[m 0,pn-`yla YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council . .CITY OF APACHE JUNCTION Mayor's Script Tuesday, July'18; 2023 A. CALL TO ORDER I would like to call:ths City of Apache Junction Council Meeting of_July 18, 2023 to order; and ask everyone to_put their phones on silentl B. INVO -ATION,AND PLEDGE OF ALLEGIANCE . The invocation will be led..by� : &the pledge'-by : ., . Countilmember ' C. ROLL CALL Rolf Call D. CONSENTAGENDA 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_witl_be'moVed-to New.Business:', 1: Consideration of acceptance-of agenda. 2: Consideration of.approval of minutes of the special meeting of June.19, 2021 3. Consideration of approval of minutes of the regular meeting ofJune"20, 2023. 4. Consideration for approval, retroactive to July 1, 20923, of'Fiscal Year 2023- 2024 Health and Human Services funding.contracts. between the City'_of. Apache Junction and the Superstition Community'Food Bank in the amount of:$35,000, the Boys and Girls Club.:.of the Valley in th:e.amount of;$5;674, the Genesis Projectin the amount of $20000, Horizon Health and:Wellness in the amount of'$7,,060, Apache.JunctionComm.unity Development Corporation in the;amount of$5,010 and O�thersi'de.Ministries in .the_amount of$'7,256. - 5. Consideration o:f-approvaI of Superstition Vistas,.Phase 1A— Parce1.19.2 - Lots 38 through 44-*(SV-22,2) 6. Consideration of approval of Map of Dedication for Warner. Avenue Phase.5 (SV-22-54-BI). ._ 7. Consideration of approval of Map of Dedication for Davis Drive (SV-23-4-BI) . 8. Consideration of approval of Resolution-No: 23-17, authorizing the City of Apache Junction to enter into an intergovernmental agreement with-Gila County, Arizona, for Community Development Block Grants Regional Account `allocation: 9. Consideration of approval-of Resolution Nos. 23-20-and 23-21 approving the submittal of applications from.the City of Apache Junction and.Superstition Fire & Medical District to the Gila River Indi'a'n Community State Shared Revenue.Program,for Proposition 202 Funds for Fiscal Year 2023-2024. 10. Consideration of a"pproval, retroactive to July`1; 2023, of th`e'Eco'nom'ic Development Agreement with Greater..Phoenix Economic'Council'(GPEC) for FY23/24. Do I have:a motion on the:consent agenda? waitfor the.motion and the:20 Ro I I'Ca I I. E `AWARDS,,PRESENTATIONSAND PROCLAMATIONS 11. rProc la' rnation declaring the month_of JYUly "Parks and Recreati'on_Month_'� . :-Jamie SuIiivanto-accept - F. REGIONAL INTERGOVERNMENTAL UPDATES 12. Do we have:an announcements of current events? -- . Y - - -- _ - - l G.­CITY.MANAGER'S REPORT 13. City Manager's Report) Bryant to report 14 ;-Presentation and discussion on the Public_Works' Fiscal Year 2023'2024 Capital Imov prement'and.Street}Maintenance Plan { Ted Wolff to report j 15 "Announcement,of Current Events Al Bravo to.report H. PUBLIC HEARINGS - I. OLD BUSINESS J. NEW BUSINESS . 16. Prese:ntation and.discussion on the procurement of new and replacement ,fleet vehicles ; Ted Wolff to report 17. Presentation',::discussion,:and:consideration-of approval of agreement with :Veregy_to_replace and upgrade`.lighting*at:Prospector Park.' Liz-1a:ngenbach-to g report n:a Any discussiomon the council? —__ _ _ Counci can iscuss.. Do I have.a motion second: Wait _— n a— — --� for rrm_oti.on and the.26d:; K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES M. CALL TO PUBLIC f 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, comme.nts,.and su estions Request to speak forms:must be completed and handed:to:the city clerk.before the.endof.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 on-the. i issues.presented, but.may respond to criticism and may-direct staff to follow up ...:.with the s pea ker.directly.and/or place this'matter.on'a future:age nda for counci-l1 discussion - .There is a three-minute limit:for;each speaker: . Public can,speok�(3-minutes) ;Does•council have any requests of staff tofoliow up on;?, N. ADJOURNMENT— ,IY.adjourn this meeting;. �it�y Council meeting uesda , Jul 18, 202� Consent Agenda Items Nos. 1-10 I MOVE THAT the consent agenda be accepted and approved as presented. Item No. 17 I MOVE THAT the construction agreement with.Veregy through the 1 Government Procurement Alliance Cooperative Contract No. - 22-11 PV-08 to replace and upgrade lighting at the Prospector Park softball complex to energy efficient and dark sky-friendly lighting in an-amount not to exceed $841 ,470.00 BE (Approved) or (Denied) CITY COUNCIL MEETING ROLL CALL Date: 3 18 a-3 1-11- W3 7-JS' ?Da3 Work Study Regular Special S:q•O1 E434 S: IQ E- g S:b'60 E6 CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON ✓ f VICE MAYOR SCHROEDER COUNCILMEMBER CROSS ` COUNCILMEMBER HECK '� COUNCILMEMBER JOHNSON / V COUNCILMEMBER NESSER V COUNCILMEMBER SOLLER / TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney Joel Stern g/ Information Technology Director Doug Wirthgen Public Information Officer Al Bravo Public Safety Director Michael Pooley -� Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach ED Director Patrick Ainsworth Library Director Pam Harrison Finance Director Leslie DeReche HR Director Anna McCray Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: h. Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Urias Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid S:\Templates& Forms\Roll Call - City Council -Attendance.docx / -j City Council VOTE - ROLL CALL ITEM # MEETING OF -7- ]R -Z-3 MOTION BY: SECONDED BY: NOTES: an YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER COUNCILMEMBER NESSER COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON 1✓ MAYOR WILSON ✓ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # -'2 -3 - 3 R? MEETING OF 7— MOTION BY: rjtro-e� SECONDED BY: F � NOTES: VA X-f a L4 (',XM<-Iv,-i.cik n �'/An:�'Ad YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS ✓ COUNCILMEMBER HECK COUNCILMEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council Date: - r 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 #: would like to speak on a Non-Agenda matter regarding: Do you wish to speak before Council on this item? Yes No Only If Necessary v I am in favor of the proposed Ite I am opposed to the proposed Item. First Name (D fV\�Se Last ame (PRINT) _ = Address City Zip Code Telephone Email address This information will.be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the:Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 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 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 4 �9 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 #: // F I would l'ke speak on allon-Agenda matter regardin Do you wish to speak before Council on this item? Yes4— No Only If Necessary am in favor of the prop sed Item. I am opposed to the proposed Item. XL First Name Last Name (PRINT) l Address City Zip Code 4 AU 11� Tel phone Enith a dress 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,PubFic comments have a three minute limit and Public Hearing comments have a five minute limit. Consent.for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that.this activity may be audio and/or video. recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 Date:,:7C - 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: t� Do you wish to speak before Council on this item? Yeses No Only If Necessary am in favor of the proposed Item. I am opposed to the proposed Item. ]a)//\nc,- C,,cr_r-rr✓ First Name Last Name (PRINT) Address ity ip Code n : nl --7 2 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note:_Call to the.,Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 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. 5 1-602 (A)(9)_ Zli�, 3 t _ ,2 Signature of Parent/ ar ian Date - 08/26/2019 Date; i� Z� CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Cleric PRIOR to the conclusion of the City Manager's Report portion of the agenda. would like to speak on Agenda Item I would like to,speak on a Non-Agenda matter regarding: LA l� S /Li o c.r td Do you wish to speak before Council on this item? Yes / No Only If Necessary am in favor of the proposed Item. 1 am opposed to the proposed Item. Z, First Name Last Name (PRINT) Address City Zip Code Telephone Email addr ss 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,thel,Pubtlic 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: as the parent/guardian of minor(s) (minor(s)), a minor.(s), agree to allow said 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 pp TV and the infiernet video deo stream showing their participation. A.R'.S. 1-602 (A)(9). i Signature of-Parent/Guardian Date 08/26/2.0.19 (,R� T -PL RsF- Date: �'� a 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. would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: �''K Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. L�, -D 7 NPZ � MEE- k First Name Last Name (PRINT) ) 1 1AT � � Address City Zip Code sow-gbLroi--s-7 d �- e- y k vex Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A.)(9). Signature of Parent/Guardian Date 08/2612019