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HomeMy WebLinkAbout2020 03.17 City Council Regular Agenda re�cf�� City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` s Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, March 17,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 2. 20-123 Consideration of approval of minutes of the regular meeting of March 3, 2020. Sponsors: Jennifer Pena Attachments: 03.03.20 Minutes 3. 20-075 Consideration of approval of Intergovernmental Agreement with ADOT for the design and construction of Bicycle and Pedestrian Improvements on Idaho Road from Superstition Blvd. to McKellips Blvd. Sponsors: Raquel Schatz Attachments: Council Memo Resolution 19-37 Resolution 19-37 IGA Presentation City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda March 17,2020 4. 20-103 Consideration of approval of proposed Resolution No. 20-06, authorizing the City of Apache Junction Police Department to enter into an intergovernmental agreement with American Charter Schools Foundation to provide a grant funded school resource officer at Apache Trail High School. Sponsors: Thomas Kelly Attachments: Apache Trail HS SRO Memo Resolution 20-06 IGA with Apache Trail HS for SRO 5. 20-117 Consideration of approval of agreement with the Arizona Department of Homeland Security for fiscal year 2017 reallocation funds in the amount of$21,140.00 to purchase handheld radios for the Apache Junction Police Department. Sponsors: Heather Patel Attachments: staff report agreement 6. 20-146 Consideration of approval of Resolution No. 20-03 authorizing the City of Apache Junction to enter into an intergovernmental facilities use agreement with the Apache Junction Unified School District to extend recreational and educational related services and programs to the community and for joint or cooperative activities. Sponsors: Liz Langenbach Attachments: Staff Memo AJUSD IGA AJUSD and City of AJ IGA 2020 Resolution 20-03 IGA with AJUSD DRAFT E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 7. 20-119 Presentation of proclamation recognizing April 2020 as Fair Housing Month. Sponsors: Heather Patel Attachments: Staff Report Proclamation- Fair Housing 8. 20-137 Presentation of proclamation recognizing March 13, 2020 as Grant Professionals Day. Sponsors: Heather Patel Attachments: Proclamation- IGPD City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda March 17,2020 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 9. 20-124 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 10. 20-125 City Manager's Report. Sponsors: Bryant Powell 11. 20-015 Introduction of and discussion with Pinal County Assessor Douglas Wolf. Sponsors: Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 12. 20-140 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1489, case PZ-2-20, a proposed corrective rezoning of lots 1-8 and 17-23 of the Superstition Villa Subdivision from RS-7 (Medium/High Density Single-Family Detached Residential)to RM-1 (High Density Multiple-Family Residential)for the purpose of re-aligning the zoning designation with the subject site's current and historic land use. Sponsors: Nicholas Leftwich Attachments: 3.17.20 CC Memo FINAL City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda March 17,2020 13. 20-111 Consideration of application for a bingo license for Sunrise RV Resort, 1403 W. Broadway Ave., Apache Junction, Arizona. Representatives of Sunrise RV Resort are requesting council's approval of the application so they can hold bingo games within the park for the benefit of its residents. City Council recommendations will be forwarded to the Arizona Department of Revenue for their final action. Sponsors: Jennifer Pena Attachments: Staff Memo to Council Leisure Home Sales-Redacted Application Approval-Building Division Approval-SFMD Approval-Planning Division Approval-PD 14. 20-139 Public hearing and request for continuance of proposed case PZ-1-20, Old West Highway Village. Applicant is requesting additional time to supplement their current application with additional details, plans and information. Sponsors: Nicholas Leftwich, Rudy Esquivias and Larry Kirch Attachments: PZ-1-20 Second Request for Continuance I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 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 15. 20-126 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, April 6, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, April 7, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda March 17,2020 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter; 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 20-123 Sponsor: Jennifer Pena Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of March 3, 2020. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.t 300 E.Superstition Blvd MN* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, March 3,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Jill Bright, Deputy City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Thomas Kelly, Chief of Police Janine Solley, Economic Development Director Liz Langenbach, Parks & Recreation Director Mike Wever, Public Works Director Raquel Schatz, Public Works Project Engineer Dave Zellner, Building & Safety Manager D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to approve the consent agenda and approve the minutes of February 18,2020. 1. 20-087 Consideration of acceptance of agenda. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes March 3,2020 No: 0 2. 20-088 Consideration of approval of minutes of the regular meeting of February 18, 2020. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 3. 20-089 Announcement of current events from mayor and councilmembers. Councilmember Struble stated that the Lost Dutchman Days parade was amazing. AJ Kids Idol had a float. He enjoyed working the city booth at the carnival and enjoyed speaking to residents. He also attended a couple neighbothood meetings. Councilmember Evans stated that she attended the Library Volunteer Luncheon and really enjoyed it and is thankful for all our volunteers. She had the honor to be a Lost Dutchman Days parade judge and had a lot of fun. The Headstart float was amazing along with our local burro man. Vice Mayor Wilson praised the Lost Dutchman Days committee and our Parks and Recreation and Police Departments who worked hard during the weekend. He stated that the Household Hazardous Waste event was also on Saturday so it was a busy weekend. Councilmember Barker was out of town and has nothing to report. Councilmember Schroeder enjoyed Lost Dutchman Days and the weather. Councilmember Rizzi loved the Lost Dutchman Days parade and the weather. She heard there were record breaking entries. She thanked all of the volunteers and Park and Recreation for their work on the event. She thanked all of the community members who made Valentine Day cards. She collected over 300 and brought them to the senior citizen homes and for a veteran who had asked for them. They all loved them and were very thankful. Mayor Serdy stated that the weather was great the weekend for Lost Dutchman Days. The Police Department did a great job at routing the traffic for the events.He stated there were over 100 entries for the parade. We will need to start thinking about adding bleachers to the Rodeo Grounds on the North side of the arena as it was a sold out show. G. CITY MANAGER'S REPORT 4. 20-090 City Manager's Report. City Manager Bryant Powell shared that having too many people attend the Lost Dutchman Day events is a great problem to have. He reminded all that the city works with the Chamber and Lost Dutchman Days Committee on this organizing this great event. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes March 3,2020 5. 20-031 Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract to start April 1 st. Stephen Herring of Republic Services reported that the 4th quarter free dump week hosted 724 residents with 178 tons brought in. He stated that the most recent 1st quarter brought in 918 residents for a total of 248 tons. He reminded council that quarterly free dump weeks will remain in place during the new contract beginning on April 1, 2020. Mr. Herring passed out welcome packets to all councilmembers. Garbage carts will be delivered beginning March 16th and this welcome packet will be connected to every cart explaining details of the contract and billing. If residents have not received a cart by March 29th then they should call Republic Services in order to get one delivered. Mayor Serdy asked about his neighbor whose rates just went up and if he can get reimbused for those. Mr. Herring stated yes, his neighbor can call Republic Services and they will reimburse him. Councilmember Rizzi asked if paying through the website will remain the same. Mr. Herring stated that current accounts are getting closed and then reopened under the new contractual lower rates. When residednts receive their first bill they can then sign up for online or automatic payments. Councilmember Rizzi asked if residents will be signed up for trash and recycle automatically. Mr. Herring stated that recycling will not be mandatory. All residents will automatically only be signed up for trash service and if they want recycling then they will need to call Republic Services and request that service. Councilmember Barker asked if residents who are not Republic Services customers can return their cans now or should they wait. Mr. Herring responded that after their last scheduled service day in March they should return their cans to their current hauler. Residents may have 3 cans for a couple weeks during the transition. Councilmember Evans asked about Homeowner Associations who have contracts. Mr. Herring said everything will be the same. Councilmember Struble stated that if residents need help returning their cans to Right Away Disposal to please call the city managers office and we will help return cans so you can get the $50 fee waived. City Manager Bryant Powell asked Mr. Herring what we should expect during this transition. Mr. Herring stated that Republic Services has done municipal contrat transitions all over the country and that during the first two weeks there will be alot of questions and uncertainty. There will be hiccups throughout the transition and it takes about two weeks to iron through it all. He stated that the best thing we can do is be prepared to answer questions and ensure the residents that we will fix any issues they might have. Mayor Serdy thanked Republic Services for always sponsoring the city's 4th of July fireworks show. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes March 3,2020 H. PUBLIC HEARINGS 6. 20-095 Presentation, discussion, public hearing and consideration of Resolution No. 20-05, declaring as a public record that certain document filed with the city clerk entitled "2020 Amendments to Apache Junction City Code, Volume I, Chapter 7: Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; and establishing an effective date. Councilmember Barker moved,seconded by Councilmember Evans to approve Resolution No. 20-05. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Item 6 and 7 were combined for discussion and vote. 7. 20-094 Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1485, amending Apache Junction City Code, Volume I, Chapter 7: Buildings, by amending Chapter 7 and adopting by reference that certain document entitled "2020 Amendments to the Apache Junction City Code, Vol. I, Chapter 7, Buildings, Article 7-1: Division of Building Safety and Inspection Administrative Code, § 7-1-9 Unsafe Building or Unsafe Property, § 7-1-11 Construction Standards for Manufactured Home, Mobile Home, Park Model, and Recreational Vehicle Standards"; repealing any conflicting provisions; providing for severability; providing for penalties; and establishing an effective date. Councilmember Barker moved,seconded by Councilmember Rizzi that Ordinance No. 1485 be read by title only and the reading of the entire ordinance be waived. Councilmember Barker moved,seconded by Vice Mayor Wilson that Ordinance No. 1485,as read by the city clerk, be approved with the following amendment,change from 'limited to homes constructed not more then two years previous"to"limited to homes titled not more then two years previous". Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Items 6 and 7 were combined for discussion and vote. Larry Kirch, Development Services Director, went through the amendments on the draft Ordinance No. 1485. The ordinance will now allow for an appeal process. Alteration and rehabilitation definitions were updated. Mobile Home and Manufactured Homes City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes March 3,2020 are actually different which alot of people do not know. If the park model (PM)was constructed after June 15, 1976 it is considered a manufactured home. If it was constructed before that date then it is a mobile home. Mr. Kirch explained that he heard a rumor that if a park model is older then 5 years that you will have to get rid of it. Mr. Kirch assured that is definately not true. Mr. Kirch stated that park models can be installed with a permit if they have a HUD certification sticker. A 6'x8' storage building must now be placed on the property with all newly installed park models. Mr. Kirch stated if you want to bring in any park model that is older then 15 years then it must be expected by a housing inspector and by a HUD certified inspector. He explained that we are trying to prevent lesser quality park models to come in to the city for safety reasons. Councilmember Rizzi asked if there is a fee for the inspecgtion. Mr. Kirch stated that the homeowner can get their own outside inspector. If the city does the inspection then there would be a slight fee but it has not been set yet. Mr. Kirch explained that park models will now have to meet required set backs of 6 feet to make sure emergency responders can get to where they need to. Park models cannot be altered. Arizona rooms cannot be added to a 5th wheel, travel trailer or motor home. Councilmember Struble asked about routine maintenance. Mr. Kirch stated that anything exempt from a permit will not be policed. Joel Ster, City Attorney, thanked the council for continuing this discussion as there was alot of miscommunicaion when this first was brought up in December. He also thanked development services staff and the industry attorneys for meeting with him. He explained that it was a very successful negotiation. Councilmember Barker wanted to clarify that if a lot has been vacant you can put a manufactured home on it that is no more then two years old; that if you are replacing a manufactured home, the new one cannot be more then five years old; that routine maintenance is ok; that any park model over fifteen years old must be certified before being placed within the city; additions cannot be larger then 48% of the liveable square footage; and that nothing can be built closer then six feet to anything. Mr. Kirch confirmed that is all correct and that she gave a better summary then he did. Mayor Serdy asked when the two year time frame begins. Mr. Kirch stated that it is the date of manufacture. Mayor Serdy asked if we can change that wording as some models may sit for a while before they are bought and placed. Councilmember Evans suggested changing it to "limited to homes titled not more then two years previous". Mayor Serdy opened the public hearing. Resident George Schroeder stated that the new clarifications are because of him. He bought his City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes March 3,2020 house as is and it has two additions. He didn't see any verbiage about buying a pre-existing park model with additions. He feels like he is being made an example of and getting the book thrown at him. He is going to fix his roof and apologizes that he might not adhere to all of these rules. His concern is his home an that is it. Resident Donna Carr stated that there are mobile homes up to ten years old that are perfectly fine but there are also alot that should probably be torn down. She is from back east and they would teach people trades in which would help them and their community and she would like to see the city do the same. Attorney for Manufactured Housing Association, Melissa, stated that she was involved with the city on the proposed ordinance. She is in favor of the proposed ordinance and thanks city staff for being open to discussions with them and working through this. I. OLD BUSINESS J. NEW BUSINESS 8. 20-074 Presentation and discussion on Intergovernmental Agreement with ADOT for the design and construction of Bicycle and Pedestrian Improvements on Idaho Road from Superstition Blvd. to McKellips Blvd. Raquel Schatz, Public Works Project Engineer, stated that staff has been very active in applying for funds from Maricopa Association of Government(MAG). The city was awarded $851,641 for construction and $60,000 for design assistance for this project. Ms. Schatz explained that construction is anticipated to begin in calendar year 2021. The length of the project has not been determined yet as alot of it is determined by Arizona Department of Transportation (ADOT). Ms. Schatz listed the improvements that are being considered from Superstition Boulevard to Tepee Street are street lights, bicycle lanes, curb, gutter, sidewalks and a crossing at the library; Tepee Street to Foothill Street are street lights on the west side, bicycle lanes, curb, gutter and sidewalk on the west side; Foothill Street to Lost Dutchman Boulevard are bicycle lanes and sidewalks on the east side. Ms. Schatz stated that the total estimated cost to the city for this project would be$328,544.00. This item will come back for consent on March 17, 2020. 9. 20-096 Presentation and discussion on Resolution No. 20-03 authorizing the City of Apache Junction to enter into an intergovernmental facilities use agreement with the Apache Junction Unified School District to extend recreational and educational related services and programs to the community and for joint or cooperative activities. Parks and Recreation Director, Liz Langenbach, presented the draft Intergovernmental Agreement (IGA). The current agreement will be expiring in May of 2020. Staff has been working with Apache Junction Unified School District(AJUSD)to review the IGA and make updates. Ms. Langenbach explained that some key changes to the agreement include Superstition Shadows Park to now be maintained solely by the city and will allow the city use of the AJUSD bus fleet and drivers. The agreement will be increased from five years to a maximum of ten years. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes March 3,2020 Councilmember Struble asked how often we use the AJUSD busses. Ms. Langenbach responded that we do not use them as much as we used to so only about twice a year. City Manager Bryant Powell explained that this same presentation was made to the AJUSD board and he looks forward to the continued collaboration with AJUSD. Councilmember Rizzi stated that she appreciates the good relationship between the city and the school district. This item will come back for consent on March 17th, 2020. 10. 20-068 Discussion on and consideration of approval of the Pinal County intergovernmental agreement for election services for the August 2020 primary election and, if necessary, the November 2020 general election. Through the intergovernmental agreement the city will obtain critical election and voter-related services to include sample and final ballots, ballot tabulation, precinct registers and signature rosters, early voting and election boards. Councilmember Evans moved,seconded by Councilmember Rizzi that the intergovernmental agreement with Pinal County for election services for the August 4th,2020 primary election and if necessary,the November 3rd,2020 general election be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena stated that Pinal County charges .75 cents per registered voter for a total estimate just under$20,000.00 for all of the work Pinal County does for the city's 2020 election. The publicity pamplet will cost about$6,500.00 to produce. 11. 20-071 Discussion on community service sign. Councilmember Schroeder stated that a community service sign was an idea about ten years ago as well. A community service sign is located within a city with service clubs listed on it that are available within the city. Councilmember Schroeder stated that a small group has met to discuss how the sign should look and they are still trying to figure out how much it will cost as well as a good location. City Manager Bryant Powell stated that it is a great idea and everyone will say they want to do it but alot of times no one takes charge. He reiterated that it is important to figure out who will take care of the sign in order to keep it looking nice. Mayor Serdy mentioned that the arts commission could work on it. Councilmember Evans agreed. Councilmember Rizzi stated we would want to keep room for growth on it. Councilmember Schroeder thinks the design and materials being used needs to be discussed further and that the location is very important. Councilmember Evans stated that the Community Development Corporation could be apart of City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes March 3,2020 this and as a non-profit they could apply for grant money to be used for the sign. With approval from the remaining council, Councilmember Schroeder will continue to work on this. 12. 20-030 Discussion on achieving a Dark Sky Community designation from the International Dark Sky Association. Councilmember Schroeder stated that the process to become an International Dark Sky Community can take up to three years. He explained that he was driving through Fountain Hills and saw their sign so he started to look into it. He stated there is criteria to have this designation and there are only six communities like this in the state of Arizona. He explained that you need a letter of recommendation from a current dark sky community and Fountain Hills city manager has said that he would be happy to write a letter for us if the council approves it. Two dark sky events must take place each year. The goal is to keep light noise to a minimum. Councilmember Evans asked if there is a cost to it. Councilmember Schroeder stated as of now there is not but it could possibly require an upgrade to lights down the road. Councilmember Rizzi stated there used to be an astronomy club out of Central Arizona College and that Councilmember Schroeder could reach out to them. Mayor Serdy stated that Gold Canyon does have an astronomy club and Councilmember Schroeder could reach out to them as well. City Attorney Joel Stern stated that the city does have a dark sky ordinance. Vice Mayor Wilson stated that after reading about the dark sky community that he learned that a municipality must meet the lighting requirements within ten years. He would like to ask city staff to see how close we are to meeting these standards right now. He asked how the electronic signs would play into the requirements. He likes the idea of doing this but wants to make sure we see what impacts it could have. Mayor Serdy stated that all councilmembers are in agreement that Councilmember Schroeder can look into this further. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 20-091 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, March 16, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, March 17, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday, March 16,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday, March 17,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard, Apache Junction,Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes March 3,2020 Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC Debra Collins, 2500 E Teepee Street, stated that she sent a letter to council in January regarding her concern for open land. She is concered and has a petition with 186 signatures asking the council to take this under advisement. She and others are afraid open land is going away by the city allowing people to abandon easements. She doesn't want horse people to have to go down public roadways because residents are putting up fencing to block easements. George Schroeder, 2444 W Virgina Street, stated that the county manager is breaking the law by incoporating Mountain View Road by taking our rights away to it. They are going to make it a four lane roadway. Republic Waste is not going to happen and he is not going to get the service. He has no intensions of breaking any law and knows the building codes by heart. Donna Carr, does not wish to state her address but she does live in Apace Junction, spoke to Right Away Disposal and without an invoice you cannot drop off dumpsters to them. She thinks there should be a disclosure to new home buyers about permits needed for that home. She enjoyed herself at the rodeo and got a pit pass to take pictures. Apache Junction is not another Scottsdale. There are mobile home parks all down Idaho Road and she doesn't want to see lower income residents be pushed out because they have to buy newer mobile home parks. She asked council to take the little guy into consideration. She thinks there should be a program that helps teach people a trade which will also help the community. Maria Jones, 288 W. Smoketree Street, has been at her residence for 35 years. The easement near her home has been fenced off by Ted Gremmel. Walkers and horseback riders can no longer cross there. She has people come to her door and ask her why she has done that. She has not done that and just tries to help the community. The ambulance cannot get into the driveway where she has an 80 year old veteran living on her property. She has moved her fence back ten feet and made a path on her property so people can walk across. Councilmember Rizzi responded to Donna Carr that most of the people on the council are the small people. N. ADJOURNMENT Mayor Serdy adjourned the meeting at 9:09 pm. ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFF SERDY Mayor City of Apache Junction,Arizona Page 9 City Council Meeting Meeting Minutes March 3,2020 ATTEST: JENNIFER PENA 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 , 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 10 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. '+PizoN* File ID: 20-075 Sponsor: Raquel Schatz Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of approval of Intergovernmental Agreement with ADOT for the design and construction of Bicycle and Pedestrian Improvements on Idaho Road from Superstition Blvd. to McKellips Blvd. City of Apache Junction,Arizona Page 1 Printed on 611512026 Public Works Department Home of the Superstition Mountains MEMORANDUM Date: January 28, 2020 To: Mayor and Members of City Council Through Bryant Powell, City Manager Michael Wever P.E., Public Works Director From: Raquel Schatz, Project Engineer Subject: Utilization of Unobligated Congestion Mitigation and Air Quality (CMAQ) Funds Idaho Road Bicycle and Pedestrian Improvement Project Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on Idaho Road between Superstition and McKellips Boulevards as follows: ADOT Project Management & Design Review (PMDR) (FY20) City's Match: $ 30,000 Scoping/Design (FY20) City's Match: 250,000 Subtotal — Scoping/Design $ 280,000 Construction (FY23) Federal-aid Funds: $ 803,097 City's Match: $ 48,544 Subtotal — Construction $ 851,641 Total (Design and Construction) Federal Funds (CMAQ) $ 803,097 Total Estimated City Funds $ 328,544 Total Estimated Project Costs $1,131,641 The Public Works Department is requesting City Council approval the new Joint Project Agreement (JPA) / Intergovernmental Agreement (IGA) with ADOT which will provide both design services and construction funding for the construction of the Idaho Road Bicycle and Pedestrian Improvement Project. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 982-8005 RESOLUTION NO. 19-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE IDAHO ROAD BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT. WHEREAS, the City of Apache Junction ("City") and the State of Arizona Department of Transportation ("ADOT") desire to enter into an Intergovernmental Agreement ("IGA") for a bicycle and pedestrian improvement project on Idaho Road between Superstition and McKellips Boulevards (the "Project") ; and WHEREAS, the City acquired federal-aid funds to construct the Project; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs 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 IGA which formalizes the arrangement; and WHEREAS, the attached written agreement ("IGA/JPA 19- 0007587-I") sets forth the financial and administrative conditions for the Project' and WHEREAS, ADOT will contribute $803, 097 and the City $328, 544 towards completing the project; and RESOLUTION NO. 19-37 PAGE 1 OF 2 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 attached form of the IGA set forth in Attachment A; and the mayor is hereby authorized to sign the agreement 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 19-37 PAGE 2 OF 2 ADOT CAR No.: IGA 19-0007587-I AG Contract No.: P001 2019 003663 Project Location/Name: Idaho Road, Bicycle/Pedestrian Improvements Type of Work: Pedestrian Improvements Federal-aid No.:APJ-0(216)T ADOT Project No.: T023701D/01C TIP/STIP No.:APJ 19-801D,APJ21-802C CFDA No.: 20.205 - Highway Planning and Construction Budget Source Item No.: NA INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date ,pursuant to the Arizona Revised Statutes ("A.R.S.") §§ 11-951 through 11-954,as amended,between the STATE OF ARIZONA,acting by and through its DEPARTMENT OF TRANSPORTATION (the"State" or"ADOT") and the CITY OF APACHE JUNCTION,an Arizona municipal corporation,acting by and through its MAYOR and CITY COUNCIL (the"City").The State and the City are collectively referred to as "Parties" or individually as a"Party". I. RECITALS 1. The State is empowered by A.R.S.§28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The City is empowered by A.R.S.§48-572 to enter into this Agreement and has by resolution,a copy of which is attached and made a part of,resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3. The work proposed under this Agreement consists of: 1)the installation of 5'sidewalks,and curb and gutter along the west side of Idaho Road between Superstition Boulevard and Foothill Street; 2)the installation of 5'asphalt bike lanes on the west side of Idaho Road between Superstition Boulevard and McKellips Boulevard; and 3) the installation of lighting and a crosswalk in front of the public library, (the"Project").The State will administer the scoping/design,and advertise,bid,award and administer the construction phase of the Project. 4. The interest of the State in this Project is the acquisition of federal funds for the use and benefit of the City and authorization of such federal funds for the Project pursuant to federal law and regulations.The State shall be the designated agent for the City for the Project,if the Project is approved by Federal Highway Administration (FHWA) and funds for the Project are available. Pagel of 9 IGA 19-0007587-1 THEREFORE, in consideration of the mutual terms expressed in this Agreement, it is agreed as follows: II. SCOPE OF WORK 1. The Parties agree: a. The Project will be performed,completed,accepted and paid for in accordance with the requirements of the Project plans and specifications. b. The final Project cost may exceed the initial estimate(s) identified in Exhibit A,and in such case,the City is responsible for,and agrees to pay,any and all actual costs exceeding the initial estimate. If the final bid amount is less than the initial estimate,the difference between the final bid amount and the initial estimate will be de-obligated or otherwise released from the Project by the State. The City acknowledges it remains responsible for,and agrees to pay according to the terms of this Agreement,any and all actual costs exceeding the final bid amount. c. The City and ADOT will each separately file a Notice of Intent(NOI) under the Construction General Permit(CGP)with the Arizona Department of Environmental Quality(ADEQ) before construction begins,if applicable to the Project. 2. The State will: a. Execute this Agreement,and if the Project is approved by FHWA and funds for the Project are available,be the City designated agent for the Project. b. After this Agreement is executed,and prior to performing or authorizing any work, invoice the City for the initial Project Development Administration (PDA) costs, estimated at$30,000.00 and the initial scoping/design costs,estimated at$250,000.00. If PDA and/or scoping/design costs exceed the initial estimates during the development of design,notify the City,and obtain concurrence prior to continuing and invoice as determined by ADOT and the City for additional costs to complete development of the Project.After the Project development costs are finalized,invoice or reimburse the City for the difference between actual development costs and the amount the City has already paid for development. c. After receipt of the PDA costs and the City estimated share of the Project design costs, on behalf of the City,prepare and provide all documents pertaining to the design and post-design of the Project,incorporating comments from the City,as appropriate. Review and approve documents required by FHWA to qualify the Project for and to receive federal funds. Perform tasks that may consist of,but are not limited to, preparation of environmental documents;analysis and documentation of environmental categorical exclusion determinations; geologic materials testing and analysis; right-of-way activities related to ADOT Oversight and Stewardship Agreement with FHWA;preparation of reports,design plans,maps,specifications and cost estimates and other related tasks essential to the development of the Project. Page 2 of 9 IGA 19-0007587-I d. Submit all required documentation pertaining to the Project to ADOT Financial Management Services (FMS) to be approved for scoping/design.After receipt of FMS authorization,proceed to advertise for and enter into contract(s) with the consultant(s) for the design and post design of the Project. Should costs exceed the maximum funds available,it is understood and agreed that the City will be responsible for any overage. e. After completion of scoping/design and prior to bid advertisement,invoice the City for the actual PDA costs,as applicable,and the City's share of the Project construction costs, estimated at$48,544.00.After the Project costs for construction are finalized,the State will either invoice or reimburse the City for the difference between estimated and actual costs. De-obligate or otherwise release any remaining federal funds from the scoping/design phase of the project. f. After receipt of the actual PDA and scoping/design costs,if applicable,and the City's estimated share of the Project construction costs, submit all required documentation to FHWA with the recommendation that the maximum federal funds programmed for construction of this Project be approved. Should costs exceed the maximum federal funds available,it is understood and agreed that the City will be responsible for any overage. g. After receipt of FHWA authorization,proceed to advertise for,receive and open bids, award and enter into a contract with the firm for the construction of the Project. If the bid amounts exceed the construction cost estimate,obtain City concurrence prior to awarding the contract.After the Project is awarded,invoice the City for the difference between estimated and actual costs,if applicable. h. Notify the City of substantial completion and final acceptance of the Project.At such time,file a Notice of Termination (NOT)with ADEQ transferring CGP responsibilities to the City,and provide a copy to the City indicating that the State's maintenance responsibility of the Project is terminated,as applicable. i. Notify the City of substantial completion and final acceptance of the Project; coordinate with the City and turn over full responsibility of the Project improvements. j. Not be obligated to maintain the Project,should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement. 3. The City will: a. Designate the State as the City's authorized agent for the Project. b. Within 30 days of receipt of an invoice from the State,pay the initial PDA costs, estimated at$30,000.00 and the initial scoping/design costs,estimated at$250,000.00. c. Agree to be responsible for actual PDA costs,if during the development of design, PDA costs exceed the initial estimate. Be responsible and pay for the difference between the estimated and actual PDA and scoping/design costs within 30 days of receipt of an invoice. Page 3 of 9 IGA 19-0007587-1 d. Review design plans,specifications,cost estimates and other such documents required for the construction bidding and construction of the Project,including scoping/design plans and documents required by FHWA to qualify projects for and to receive federal funds; provide design review comments to the State as appropriate. e. After completion of design,within 30 days of receipt of an invoice from the State and prior to bid advertisement,pay to the State,any outstanding PDA and scoping/design costs and the City's share of the Project construction costs,estimated at$48,544.00. Be responsible for and pay the difference between the estimated and actual construction costs of the Project,within 30 days of receipt of an invoice. f. Be responsible for all costs incurred in performing and accomplishing the work as set forth under this Agreement,that are not covered by federal funding. Should costs be deemed ineligible or exceed the maximum federal funds available,it is understood and agreed that the City is responsible for these costs; payment for these costs shall be made within 30 days of receipt of an invoice from the State. g. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature,either above or below the surface of the Project area,shall be removed from the proposed right-of-way, or will be removed prior to the start of construction,in accordance with The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended; 49 CFR 24.102 Basic Acquisition Policies;49 CFR 24.4 Assurances, Monitoring and Corrective Action,parts (a) &(b) and ADOT Right of Way Procedures Manual: 8.02 Responsibilities, 8.03 Prime Functions, 9.06 Monitoring Process and 9.07 Certification of Compliance. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City,if applicable. h. Certify that the City has adequate resources to discharge the City's real property related responsibilities and ensures that its Title 23-funded projects are carried out using the FHWA approved and certified ADOT Right of Way Procedures Manual and that they will comply with current FHWA requirements whether or not the requirements are included in the FHWA approved ADOT Right of Way Procedures Manual. (23 CFR 710.201). i. Not permit or allow any encroachments on or private use of the right-of-way,except those authorized by permit. In the event of any unauthorized encroachment or improper use,the City shall take all necessary steps to remove or prevent any such encroachment or use. j. Automatically grant to the State,by execution of this Agreement,its agents and/or contractors,without cost,the temporary right to enter City rights-of-way,as required,to conduct any and all construction and preconstruction related activities for the Project, on,to and over said City rights-of-way. This temporary right will expire with completion of the Project. k. Investigate and document utilities within the Project limits; submit findings to ADOT determining prior rights or no prior rights;approve an easement within the final right- of-way to re-establish the prior right location for those utilities with prior rights. Page 4 of 9 IGA 19-0007587-I 1. Be obligated to incur any expenditure should unforeseen conditions or circumstances increase Project costs. Be responsible for the cost of any City requested changes to the scope of work of the Project; such changes will require State and FHWA approval.Be responsible for any contractor claims for additional compensation caused by Project delay attributable to the City.Payment for these costs will be made to the State within 30 days of receipt of an invoice from the State. m. After notification of final acceptance by the State,assume and maintain full responsibility of the Project,including Storm Water Pollution Prevention Plans (SWPPP) inspections,maintenance,and required documentation,until final stabilization is reached.Provide the NOI number to the State and the Contractor,accept CGP responsibilities at time of transfer,and file an NOT with ADEQ when final stabilization is reached,as applicable. n. After completion and final acceptance of the Project,agree to maintain and assume full responsibility of the Project and all Project components. o. Pursuant to 23 USC 102(b),repay all federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within 10 years after federal funds were first made available. III. MISCELLANEOUS PROVISIONS 1. This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General. 2. Any change or modification to the Project will only occur with the mutual written consent of both Parties. 3. The terms,conditions and provisions of this Agreement shall remain in full force and effect until completion of the Project and all related deposits and/or reimbursements are made. Any provisions for maintenance shall be perpetual,unless assumed by another competent entity. 4. This Agreement may be cancelled at any time up to 30 days before the award of the Project contract,so long as the cancelling Party provides at least 30 days'prior written notice to the other Party. It is understood and agreed that,in the event the City terminates this Agreement,the City shall be responsible for all costs incurred by the State up to the time of termination. It is further understood and agreed that in the event the City terminates this Agreement,the State shall in no way be obligated to complete or maintain the Project. 5. The City shall indemnify,defend,and hold harmless the State,any of its departments, agencies,officers or employees (collectively referred to in this paragraph as the"State") from any and all claims,demands,suits,actions,proceedings,loss,cost and damages of every kind and description,including reasonable attorney fees and/or litigation expenses (collectively referred to in this paragraph as the"Claims"),which may be brought or made against or incurred by the State on account of loss of or damage to any property or for injuries to or death of any person,to the extent caused by,arising out of,or contributed to, by reasons of any alleged act,omission,professional error,fault,mistake,or negligence of Page 5 of 9 IGA 19-0007587-I the City,its employees,officers,directors,agents,representatives,or contractors,their employees,agents,or representatives in connection with or incident to the performance of this Agreement.The City's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the State,except the obligation does apply to any negligence of the City which may be legally imputed to the State by virtue of the State's ownership or possession of land.The City's obligations under this paragraph shall survive the termination of this Agreement. 6. The State shall include Section 107.13 of the 2008 version of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction,incorporated into this Agreement by reference,in the State's contract with any and all contractors, of which the City shall be specifically named as a third-party beneficiary.This provision may not be amended without the approval of the City. 7. The cost of scoping, design,construction and construction engineering work under this Agreement is to be covered by the federal funds programmed for this Project,up to the maximum available.The City acknowledges that actual Project costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by FHWA as eligible for federal funds.Therefore,the City agrees to pay the difference between actual costs of the Project and the federal funds received. 8. Should the federal funding related to this Project be terminated or reduced by the federal government, or Congress rescinds,fails to renew, or otherwise reduces apportionments or obligation authority,the State shall in no way be obligated for funding or liable for any past, current or future expenses under this Agreement. 9. The cost of the Project under this Agreement includes indirect costs approved by FHWA,as applicable. 10. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act").Additionally,in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act,as may be applicable. 11. The City acknowledges and will comply with Title VI of the Civil Rights Act Of 1964. 12. The City acknowledges compliance with federal laws and regulations and may be subject to the CODE OF FEDERAL REGULATIONS,TITLE 2, PART 200 (also known as The Uniform Grant Guidance). Entities that expend$750,000.00 or more (on or after 12/26/14) of federal assistance (federal funds,federal grants, or federal awards) are required to comply by having an independent audit in accordance with§200.331 Subpart F. Either an electronic or hardcopy of the Single Audit is to be sent to Arizona Department of Transportation Financial Management Services within the required deadline of nine months of the sub recipient fiscal year end. ADOT- FMS Attn: Cost Accounting Administrator 206 S 17th Ave. Mail Drop 204B Phoenix,AZ 85007 SingleAudit@azdot.gov Page 6 of 9 IGA 19-0007587-I 13. This Agreement shall be governed by and construed in accordance with Arizona laws. 14. This Agreement may be cancelled in accordance with A.R.S.§ 38-511. 15. The City shall retain all books,accounts,reports,files and other records relating to the Agreement for five years after completion of the Project.These documents shall be subject at all reasonable times to inspection and audit by the State. Such records shall be produced by the City at the request of ADOT. 16. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,including 28 CFR Parts 35 and 36.The Parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated in this Agreement by reference regarding"Non-Discrimination." 17. Non-Availability of Funds: Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 18. In the event of any controversy,which may arise out of this Agreement,the Parties agree to abide by arbitration as is set forth for public works contracts if required by A.R.S.§ 12-1518. 19. The Parties shall comply with the applicable requirements of A.R.S.§41-4401. 20. The Parties shall certify that all contractors comply with the applicable requirements of A.R.S.§ 35-393.01. 21. The Parties shall comply with all applicable laws,rules,regulations and ordinances,as may be amended. 22. All notices or demands upon any Party to this Agreement shall be in writing and shall be delivered electronically,in person,or sent by mail,addressed as follows: For Agreement Administration: Arizona Department of Transportation City of Apache Junction Joint Project Agreement Section Attn: Raquel C. Schatz 205 S. 17th Avenue, Mail Drop 637E 575 E. Baseline Avenue Phoenix,AZ 85007 Apache Junction,AZ 85119 JPAB ranch Pazdot.gov 480.474.8549 RSchatz@ajcity.net For Project Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementation Attn: Raquel C. Schatz 205 S. 17th Avenue, Mail Drop 575 E. Baseline Avenue Page 7 of 9 IGA 19-0007587-I Phoenix,AZ 85007 Apache Junction,AZ 85119 602.712.6685 480.474.8549 RSchatz@ajcity.net For Financial Administration: Arizona Department of Transportation City of Apache Junction Transportation Planning and Implementation Attn: Donna Meinerts 205 S. 171h Avenue, Mail Drop 300 E. Superstition Boulevard Phoenix,AZ 85007 Apache Junction,AZ 85119 602.712.6685 480.474.5451 DMeinerts@ajcity.net 23. Any revisions to the names and addresses above may be updated administratively by either Party and shall be in writing. 24. In accordance with A.R.S.§ 11-952 (D),attached and incorporated in this Agreement is the written determination of each Party's legal counsel that the Parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By By JEFF SERDY STEVE BOSCHEN,PE Mayor Division Director ATTEST: By JENNIFER PERA City Clerk Page 8 of 9 IGA 19-0007587-I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION,and the CITY OF APACHE JUNCTION,an agreement among public agencies which,has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. City Attorney Date Page 9 of 9 EXHIBIT A IGA 19-0007587-I Cost Estimate T0237 01D/01C The federal funds will be used for the scoping/design and construction of the Project,including the construction engineering(CE) and administration cost.The estimated Project costs are as follows: T0237 03D (ADOT Project Development Administration (PDA) Cost.non-federal-aid) PDA costs $ 30,000.00 T0237 01D (scoping/design) City's contribution @ 100% $ 250.000.00 Subtotal-Scoping/Design/PDA $ 280,000.00 T0237 01C (construction) Federal-aid funds @ 94.3% $ 803,097.00 City's match @ 5.7% $ 48,544.00 Subtotal- Construction** $ 851,641.00 Estimated TOTAL Project Cost $1,131,641.00 Total Estimated City Funds $ 328,544.00 Total Federal Funds $ 803,097.00 ** (Includes 15%CE (this percentage is subject to change,any change will require concurrence from the City) and 5% Project contingencies) Page 1 of 1 Direction to Staff: 20-XXX Resolution 19 - 37 : An Intergovernmental Agreement with Arizona Department of Transportation for Bicycle and Pedestrian Improvements on Idaho Road . Department of Public Works March 2, 2020 By: Raquel Schatz Background • 2017 MAG CMAQ Funds '11AMMPH $851,64. for Construction in 2021 2018 MAG Awarded $60,001 for Design Assistance • 2019 MAG )enied application for full Design Schedule • Design: 15% • ROW acquisition necessary • Construction anticipated to begin 2021 Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 2 PROPOSED CROSS SECTIONS Improvements Roadway Improvements 9 Install Bicycle Lanes Idaho Road from Superstition Boulevard to Tepee Street Proposed Conditions: 5'Sidewalk,Curb&Gutler,Crosswalk,and Street LightsCurb • Gutter - Sidewalks Fill in missing segments 5' —11' 11' S' � ` • Block • • to Library Idaho Road from Tepee Street to Foothills Street Proposed Conditions: 5'Sidewalk,Curb&Gutler,and SVeet Lights(West Side) - - Idaho Road from Foothills Street to Lost Dutchman Boulevard Proposed Conditions: Addition of 2-5'Paved Bicycle Lanes o ReslutionIdaho Road Bicycle andPedestrianImprovements Cost S ADOT PM & Design Review City's Match: $ 30,000Vol Design City's Match: $ 250,000 Subtotal — Design $280,000 Construction Federal-aid Funds: $ 803,097 City's Match: $ 48,544 Subtotal — Construction $ 851,641 Construction Federal Funds (CMAQ) $ 803,097 Total Estimated City Funds $ 328,544 Total Estimated Project Costs $ 1,131,641 Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 4 Staff Recommendation 20-XXX The Public Works Department recommends APPROVAL Consent Agenda on 03/17/20 An *1w Thank You Resolution 19-37: Idaho Road Bicycle and Pedestrian Improvements 5 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+'Piz File ID: 20-103 Sponsor: Thomas Kelly Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of approval of proposed Resolution No. 20-06, authorizing the City of Apache Junction Police Department to enter into an intergovernmental agreement with American Charter Schools Foundation to provide a grant funded school resource officer at Apache Trail High School. City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp PCHF� Q 0 Apache Junction Police Department 9�cE U= Memorandum 9RIZO��Q DATE:February 25,2020 TO:Honorable Mayor and Mem rTa the City Council FROM:Thomas E.Kelly,Chief o Poli SUBJECT:Resolution No.20-06:1 A with ity of Apache Junction and Apache Trail High Sc of Apache Junction Police Department(AJPD)has been asked to partner with Apache Trail High School(ATHS)in providing them with a school resource officer(SRO)with the position being filled by an AJPD sworn police officer.The position will be 100% funded(salary and benefits)by a grant secured by ATHS for 3.5 years.ATHS has committed to pay for any training the officer will need in order to fulfill the requirements of the grant and ATHS has expressed its desire to go beyond the 3.5 year commitment should it locate additional funding. Resolution No.20-06 which includes an intergovernmental agreement between the City and ATHS.AJPD requests council approval of this partnership.The assigned officer would perform the following: •provide law enforcement and police services to the students,administration, campus and the areas in the immediate proximity to the school,will take reports, investigate criminal incidents and enforce state and city ordinances. •regularly patrol the campus to deter criminal or delinquent activities;monitor uniform crime reporting statistics(UCR)and act as a liaison between AJPD and ATHS. •develop and foster a partnership with ATHS administrators in order to create a secure and safe learning environment for students;assist school administrators to enforce their own policies and procedures;protect school administrators while weapons and/or illegal drug searches are conducted. •be present in situations where a student's emotional state may present a risk to other students and staff members;and work in tandem with school administrators in emergency crisis planning and facility security. •be a highly visible participant within the school community by planning,regularly attending and participating in school-related events and functions;and build working relationships with the school's staff and parent/teacher organizations. •develop and teach classes with an emphasis on the positive role of police officers in society and other law-related education topics; •work with academic advisors and behavioral coaches in providing outside agency student services. •interact with students in the classroom and in the common areas with the intention of promoting law enforcement as a profession and to serve as a positive role model to students. RESOLUTION NO. 20-06 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH AMERICAN CHARTER SCHOOLS FOUNDATION DBA APACHE TRAIL HIGH SCHOOL FOR A GRANT-FUNDED SCHOOL RESOURCE OFFICER. WHEREAS, the City of Apache Junction ("City") and the American Charter Schools Foundation dba Apache Trail High School ("School") desire to enter into an intergovernmental agreement ("IGA") allowing City to assign a police officer as a full-time school resource officer ("SRO") ; and WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 15-362 (13) and 15-364, cities and schools may enter into intergovernmental agreements with each other for joint or cooperative activities; and WHEREAS, School will pay the officer' s salary, medical and dental insurance, retirement, and social security; and WHEREAS, the parties have crafted the attached IGA which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council hereby approve the attached form of the IGA between City and School and the mayor is hereby authorized to sign the agreement. 2) The city manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 RESOLUTION NO. 20-06 PAGE 1 OF 2 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-06 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND AMERICAN CHARTER SCHOOLS FOUNDATION TO PROVIDE A GRANT FUNDED SCHOOL RESOURCE OFFICER AT APACHE TRAIL HIGH SCHOOL THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made as of the day of 20_, ("Effective Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and AMERICAN CHARTER SCHOOLS FOUNDATION dba"Apache Trail High School", an Arizona Charter School ("School"). City and School are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A. School desires City to assign a police officer to School to perform as a school resource officer ("SRO"), and to assist in the development and implementation of a school safety program and a law-related education program (referred to collectively as the "School Safety Program"), and City is willing to assign a police officer to School for such purposes under the terms and conditions of this Agreement. B. The Parties are authorized by A.R.S. §§ 15-342(13) and 11-952 to enter into this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. Services. City shall assign one police officer to School seven (7) days prior to the commencement of the school year until the end of that school year to perform SRO duties at Apache Trail High School located at 945 West Apache Trail, Apache Junction, Arizona, 85120. 2. Term and Termination. This Agreement shall commence on the effective date and shall continue until May 31, 2023. However, either Party may terminate this Agreement for any reason upon thirty (30) calendar days' written notice to the other Party by first class certified mail, postage prepaid, addressed to the other Party as set forth in this Agreement. 3. Relationship of Parties. City shall have the status of an independent contractor for purposes of this Agreement. This Agreement is not intended to and will not constitute, create, give rise to, or otherwise recognize a joint venture, partnership, or formal business association or organization of any kind between the Parties, and the rights and obligations of the Parties shall only be those expressly set forth in this Agreement. The Parties agree that no person supplied by School to accomplish the goals of this Agreement is a City employee. The assigned SRO shall be considered an employee of City and shall be subject to its control and supervision. The assigned SRO will be subject to current procedures in effect for City police officers, including attendance at all mandated training and testing to maintain state peace officer certification. The assigned SRO shall fulfill duties as a law enforcement officer as certified by the Arizona Police Officers Standards and Training board ("AZ POST"). School shall not interfere with the assigned SRO duties as a sworn law enforcement officer. City understands that School is responsible for the safety of students on campus during curriculum hours. If School receives information that the assigned SRO may have engaged in unprofessional, illegal, or immoral conduct, School will immediately provide such information to City. If City receives information from any credible source indicating that the assigned SRO may have engaged in unprofessional, illegal, or immoral conduct that would affect the officer's ability to safely and/or professionally perform duties for School, City will immediately provide such information, as allowed by law, to School. If any alleged unprofessional, illegal, or immoral conduct might affect the SRO's ability to safely and/or professionally perform duties for School, City will immediately remove the SRO from School to allow City and/or School to investigate the allegations. City agrees to temporarily assign a replacement police officer to School in this situation and if a replacement officer cannot be provided, School will be credited for each day an officer is not assigned to the campus. School, at its sole discretion, may refuse the assignment of any officer who has previously been removed from School because of allegations of unprofessional, illegal, or immoral conduct. City shall be responsible for the SRO's compensation: 1) on days School is in session and when the SRO is not at the School due to an off-campus activity at School's request; 2) when SRO is involved in activity stemming from action taken by the officer while in service of School, including attendance at court; and 3) when the SRO is working an alternative work schedule as agreed upon by City and School. 4. Costs and Payment. A. School agrees to pay City Thirty Two Thousand Six Hundred Seventy Four dollars and no cents ($32,674.00) for fiscal year 2019 - 2020 and One Hundred Seventeen Thousand Seven Hundred Fifty Seven dollars and no cents ($117,757.00) for fiscal year 2020 - 2021 in consideration for the services provided by City as set forth in Exhibit A. B. The SRO must seek approval from the principal, or the principal's 2 designee, and the appropriate city police department supervisor before working on SRO-related overtime (i.e., those matters pertaining to the School, its students, or its employees). School shall pay one hundred percent (100%) of any SRO overtime worked as the result of SRO-related functions. City shall pay one hundred percent(100%) of any SRO overtime that result from City-related activities (i.e., those matters that do not involve the School, its students, or its employees). The SRO and City shall make every reasonable effort to ensure that the SRO does not incur overtime costs in any given week. C. Payment to City from School is due within thirty (30) calendar days of the School's receipt of a monthly itemized invoice. School agrees to pay interest("late fees") in the amount of ten percent(10%) per annum on any balance that remains unpaid more than fifteen (15) calendar days after the due date. D. Each Party will establish and maintain a budget according to its established rules and regulations. 5. School Resource Officer's (SRO's) Responsibilities and Goals. A. An SRO shall have the following responsibilities: i. Establish and maintain a professional working relationship with School officials. ii. Provide appropriate police and enforcement services at School. iii. Work cooperatively with School administrators and parents to identify students exhibiting high truancy rates. iv. Attempt to locate and return to School all students who are identified as absent from School without an acceptable excuse. v. Contact a parent or guardian of each truant student to advise him or her of the incident and determine the parent's or guardian's awareness of the situation. vi. Investigate all reported child abuse incidents within the School's premises. vii. Contact the parent or guardian of students who have not provided School with proof of identification in accordance with A.R.S. § 15-828. viii. Prepare and maintain such records of their activities as are required by the operational needs of the Apache Junction Police 3 Department. B. An SRO shall use good faith efforts to achieve the following goals: i. Work cooperatively with School administrators to establish an effective administrative review of truancy and abuse incidents with the objective of reducing truancy and abuse rates. ii. Contact at least ninety-five percent (95%) of reported truant students and one hundred percent (100%) of reported abused students who abuse the truancy rules during each month that this Agreement is in effect. iii. Refer juveniles or their families, or both, to appropriate social service agencies for assistance when a need is determined. iv. Instruct School administrators and faculty members in: (a) the identification of abused or neglected children; (b) the reporting of abuse or neglect; and (c) the actions that can be taken to prevent further abuse or neglect. v. Provide counseling and educational programs in truancy, abuse, or any other topic mutually agreed upon by the Parties in writing. vi. Take appropriate steps, including enforcement and reporting action, consistent with a police officer's duty, upon the discovery of child abuse, drug use, or any other crime. 6. School Safety Program; Duties and Responsibilities. A. The Parties agree to participate in the School Safety Program as established by A.R.S. § 15-154 and as described more fully in the School Safety Program Guidance Manual, a copy of which is on file with City police chief and School principal. B. Each Party agrees to assume the roles and responsibilities assigned to it as per the School Safety Program Guidance Manual. C. The assigned SRO shall have the additional following general duties: i. Establish liaison with School administrators, staff, students and parents. ii. Inform students of their rights and responsibilities as lawful citizens through presentation of law-related education in the classroom. Each officer shall complete one hundred eighty (180) hours of 4 classroom law-related education instruction per year as outlined in the above-referenced guidance manual. iii. Network with community agencies that may or do provide services to School. iv. Act as a resource in the investigation of School-related criminal activities. v. Participate in the Parent-Teacher Association as requested. vi. Participate in campus activities, student organizations, and athletic events when feasible and appropriate. vii. Provide a visible deterrence to crime while presenting a positive impression of a law enforcement officer. viii. Provide information when requested to students, parents, and staff in law-related situations. ix. Attend annual training provided by the Arizona Department of Education ("ADE") with all related travel expenses to be paid by School. x. Maintain an activity log that tracks law-related education classroom instruction, law enforcement activity and any situations that takes the officer off School's campus. xi. Collaborate with School personnel on safety strategies and participate as a member of the School Safety Assessment and Prevention Team. D. The SRO, at his or her discretion, may perform the following additional tasks to enhance school efficiency: i. Plan School security improvements. ii. Prepare law-related education lessons. iii. Develop collaborations with community resources, identifying services offered that could benefit students. iv. Conduct School safety assessments. v. Work with the School safety team to review and update the School safety plan, and conduct School-wide exercises to test the plan. 5 vi. Plan in-service training. vii. Collaborate with School administration to analyze criminal incident reports and disciplinary records as a means of identifying patterns and developing strategies to address problems. viii. Work with community-based and youth recreational and leadership development activities that complement and reinforce the School Safety Program. ix. Attend training opportunities. 7. Time and Place of Performance. A. City will ensure that the assigned SRO will serve a ten (10) month, full- time,forty (40) hour a week assignment as specified by School's grant application. The assigned officer will wear uniforms as authorized by City. B. The SRO's activities will be restricted to the assigned School grounds except for: i. Follow-up home visits when needed as a result of School-related problems. ii. Incentive programs approved in writing (for example, by e-mail) between the police department supervisor and School's principal, or the principal's designee. iii. In response to off campus, but School-related, criminal activity. iv. Attendance at off-campus events or meetings at School's request. v. Attendance at training. vi. In response to emergency police activities. vii. As directed by any police department supervisor. viii. During days that School is not in session, the assigned SRO shall perform his or her regular duties at a duty station as determined by City. 8. School Responsibilities. A. School will provide the SRO with an office at School and such 6 equipment and office supplies as is necessary for performance of the duties noted in this Agreement, including a desk, chair, telephone, computer and e-mail linkages, and filing space capable of being secured. B. Upon termination, all property or equipment used by the Parties in the performance of their responsibilities under this Agreement shall remain the property of the Party that purchased the property or equipment. 9. Status Meetings. By mutual agreement, the Parties may meet from time to time for purposes of discussing the status and conduct of the work being performed under this Agreement, and addressing any problems that have come to the Parties' attention and their views as to how such problems may be resolved, including amending the terms and conditions of this Agreement. All amendments to this Agreement must be in writing and approved by City. 10. Entire Agreement. This Agreement and any attachments represent the entire agreement between the Parties and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 11. Notices. Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this section: City: Apache Junction Police Department Attn: Chief of Police 300 E. Superstition Blvd. Apache Junction, Arizona 85119 With a copy to: City of Apache Junction Attn: City Attorney 300 E. Superstition Blvd. Apache Junction, Arizona 85119 7 School: American Charter Schools Foundation Attn: Chief Financial Officer 7500 N. Dreamy Draw Dr., Suite 220 Phoenix, Arizona 85020 12. Fingerprinting and Background Check. City represents and warrants that the SRO meets all fingerprinting and background check clearances as per AZPOST requirements to serves as a peace officer in the State of Arizona. 13. Legal Worker Requirements. The Parties warrant their respective compliance with all federal immigration laws and regulations relating to their respective employees and each Party respectively warrants its respective compliance with A.R.S. § 23-214(A). Any breach of the warranties under this paragraph will be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement. 14. Severability. City and School each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 15. Governing Law, Venue and Attorney Fees. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 16. Successors, Assignment & Delegation. The obligations and rights 8 created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither Party may assign, sublet or delegate the duties hereunder, without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 17. Resolution of Disputes. In the event a dispute for any reason arises and pursuant to A.R.S. § 15-154(F), the Parties shall meet and discuss within three (3) business days. Any dispute not resolved by mutual agreement of the Parties shall be decided in accordance with the applicable Arizona laws. 18. Cancellation. City and School acknowledge that this Agreement is subject to cancellation by either Party pursuant to the provisions of A.R.S. § 38- 511. 19. Nonappropriation. Each Party recognizes that the performance by either Party under this Agreement may be dependent upon the appropriation of funds to or by that Party. Should either Party fail to appropriate the necessary funds, that Party may terminate this Agreement as stated herein without further duty or obligation. Each Party agrees to give notice to the other Party as soon as reasonably possible after the unavailability of funds comes to the Party's attention. 20. Indemnification and Insurance. To the extent permitted by law, each Party covenants and agrees to fully indemnify, defend and hold harmless the other Party, its elected and appointed officers, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement, including attorney and expert witness fees, which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether reckless, intentional or negligent, in connection with or incident to this Agreement. If any action or claim shall be brought or asserted against either Party or its directors, officers, agents, servants or employees for which indemnity may be sought from either Party, the Parties shall promptly notify one another in writing. The noticed Party shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. It is understood and agreed that both Parties may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement. This section shall survive the expiration or early termination of this Agreement. 21. Workers' Compensation. An employee of either Party shall be deemed to be an "employee" of both public agencies while performing pursuant to this Agreement solely for purposes of A.R.S. § 23-1022 and the Arizona Workers' 9 Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. § 23-1022 in substantially the following form: .All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of worker's compensation." 22. Family Education Rights and Privacy Act Compliance. Both Parties will ensure that the dissemination and disposition of educational records complies at all times with the Family Educational Rights and Privacy Act of 1974 and any subsequent amendments thereto. 23. Time is of the Essence. Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 24. Prohibition to Contract with Entities Who Engage in Boycott of the State of Israel. The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with entities who engage in boycotts of the State of Israel. Should School under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 25. Conflict of Interest. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. SCHOOL: AMERICAN CHARTER SCHOOLS FOUNDATION dbaAPACHE TRAIL HIGH SCHOOL, an Arizona charter school By: Patrick Lawrence Its: Chief Financial Officer 10 CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas Kelly Its: Police Chief 11 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_, by Patrick Lawrence, Chief Financial Officer, of American Charter Schools Foundation dba "Apache Trail High School", an Arizona charter school. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Thomas Kelly, Police Chief, of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: 12 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. , Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date 13 EXHIBIT A 14 City of Apache Junction Police Department Fiscal Management Bureau School Resource Officer(SRO) Rates FY2019-20 The school districts are responsible for 100%of the cost of the officer. 100%of the officer's cost is$32,674. TOTAL SALARIES CALCULATIONS Category: Police Officer Mo.Salary #of Mths TOTAL Salaries-Police $ 28.60 3.5 $ 18,303 Total Salaries $ 18,303 Fringe Costs: Industrial Insurance 5.91% $ 1,082 Retirement System 61.34% $ 11,227 Social Security 1.45% $ 265 Health, Dental, Life, LTD, 9.82% $ 1,797 Cancer, Unemployment Insurance Total Fringes $ 14,371 Total Personal Services $ 32,674 Prorated Hourly Rate-Officer $ 51.05 Annual Total Cost per School Resource Officer $ 32,674 Billed in 10 increments at$3,267 per increment Hours will be credited at the rate below which is derived by dividing$32,674 by 640 hours SRO $ 51.05 Overtime will be charged at the overtime rate below for FY2019-2020 SRO $ 76.58 City of Apache Junction Police Department Fiscal Management Bureau School Resource Officer(SRO)Rates FY2020-2021 The school districts are responsible for 100%of the cost of the officer. 100%of the officer's cost is$117,757 TOTAL SALARIES CALCULATIONS Category: Police Officer Mo.Salary #of Mths TOTAL Salaries-Police $29.3130 12 $ 60,971 Total Salaries $ 60,971 Fringe Costs: Industrial Insurance 5.91% $ 3,603 Retirement System 65.19% $ 39,745 Social Security 1.45% $ 884 Health, Dental, Life, LTD, 20.59% $ 12,554 Cancer, Unemployment Insurance Total Fringes $ 56,786 Total Personal Services $ 117,757 Prorated Hourly Rate-Officer $ 56.61 Annual Total Cost per School Resource Officer $ 117,757 Billed in 10 increments at$12,017 per increment Hours will be credited at the rate below which is derived by dividing$117,757 by 2,080 hours SRO $ 56.61 Overtime will be charged at the overtime rate below for FY2020-2021 SRO $ 84.92 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 20-117 Sponsor: Heather Patel Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of approval of agreement with the Arizona Department of Homeland Security for fiscal year 2017 reallocation funds in the amount of$21,140.00 to purchase handheld radios for the Apache Junction Police Department. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC �L Z City of Apache Junction �RlzoNP Development Services Department ✓ DATE: March 4, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director Thomas Kelly, Chief of Police FROM: Heather Patel, Program and Resource Manager SUBJECT: Homeland Security Fiscal Year 2017 Reallocation funding agreement REQUEST Consideration of approval of an agreement with the Arizona Department of Homeland Security for fiscal year 2017 reallocation funds in the amount of$21,140 to purchase handheld radios for the Apache Junction Police Department. BACKGROUND It is customary for the Arizona Department of Homeland Security to have funds rollover from a previous funding year. When funds become available, the East Region Advisory Committee and the Arizona Department of Homeland Security determine how those funds are to be reallocated. They decided to award the funds to the City of Apache Junction Police Department. DISCUSSION The city is required to execute agreement number 17-AZDOHS-HSGP-170309-01 with the Arizona Department of Homeland Security prior to receiving the funds. The funds will go towards the purchase of handheld radios for use by the Apache Junction Police Department. The agreement is similar to the agreement approved in October 2019 for the Fiscal Year 2019 award and in January for the Fiscal Year 2018 Reallocation award. RECOMMENDATION/ACTION REQUIRED Staff respectfully recommends the city council approve the proposed grant agreement. ATTACHMENTS Attachment 1: Agreement Number 17-AZDOHS-HSGP-170309-01 Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 SUBRECIPIENT AGREEMENT- REALLOCATION 17-AZDOHS-HSGP-170309-01 Between The Arizona Department of Homeland Security And Apache Junction Police Department (DUNS# 156142465) WHEREAS, A.R.S. § 41-4254 charges the Arizona Department of Homeland Security (AZDOHS)with the responsibility of administering funds. THEREFORE, it is agreed that the AZDOHS shall provide funding to the Apache Junction Police Department (Subrecipient)for services under the terms of this Agreement (the "Agreement"). I. PURPOSE OF AGREEMENT The purpose of this Agreement is to specify the rights and responsibilities of AZDOHS in administering the distribution of homeland security grant funds to the Subrecipient, and to specify the rights and responsibilities of the Subrecipient as the recipient of these funds. II. PERIOD OF PERFORMANCE, TERMINATION AND AMENDMENTS This Agreement shall become effective on March 1, 2020 and shall terminate on July 31, 2020. The obligations of the Subrecipient as described herein will survive termination of this agreement. III. DESCRIPTION OF SERVICES The Subrecipient shall provide the services for AZDOHS as set forth in writing in Subrecipient's grant application titled: "City of Apache Junction Interoperable Communication Equipment" and funded at$21,140 (as may have been modified by the award letter). IV. MANNER OF FINANCING The AZDOHS shall under the U.S. Department of Homeland Security grant# EMW-2017-SS- 00033-S01 and CFDA#97.067: a. Provide up to $21,140 to the Subrecipient for services provided under Paragraph III. b. Payment made by the AZDOHS to the Subrecipient shall be on a reimbursement basis only and is conditioned upon receipt of proof of payment and applicable, accurate and complete reimbursement documents, as deemed necessary by the AZDOHS, to be submitted by the Subrecipient. A listing of acceptable documentation can be found at www.azdohs.gov. Payments will be contingent upon receipt of all reporting requirements of the Subrecipient under this Agreement. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 1 V. FISCAL RESPONSIBILITY It is understood and agreed that the total amount of the funds used under this Agreement shall be used only for the project as described in the application and award documentation. Therefore, should the project not be completed, the subrecipient shall reimburse said funds directly to the AZDOHS immediately. If the project is completed at a lower cost than the original budget called for, the amount reimbursed to the subrecipient shall be for only the amount of dollars actually spent by the subrecipient in accordance with the approved application. For any funds received under this Agreement for which expenditure is disallowed by an audit exemption or otherwise by the AZDOHS, the State, or Federal government, the Subrecipient shall reimburse said funds directly to the AZDOHS immediately. VI. FINANCIAL AUDIT/PROGRAMMATIC MONITORING The Subrecipient agrees to comply with the record-keeping requirements and other requirements of A.R.S. section 35-214 and section 35-215. a) In addition, in compliance with the Federal Single Audit Act (31 U.S.C. part 7501-7507), as amended by the Single Audit Act Amendments of 1996 (P.L. 104 to 156), the Subrecipient must have a Single Audit or program specific audit conducted in accordance with 2 CFR 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) if the Subrecipient expends more than $750,000 from Federal awards in its previous fiscal year. If the Subrecipient has expended more than $750,000 in Federal dollars, a copy of the Subrecipient's single audit or program specific audit report for the previous fiscal year and subsequent fiscal years that fall within the period of performance is due annually to AZDOHS within nine (9) months of the Subrecipient's fiscal year end. b) Failure to comply with any requirements imposed as a result of an audit will suspend reimbursement by AZDOHS to the Subrecipient until the Subrecipient is in compliance with all such requirements. Additionally, the Subrecipient will not be eligible for any new awards until the Subrecipient is in compliance with all such requirements. c) Subrecipients who do not expend more than $750,000 in Federal dollars in the previous fiscal year and subsequent fiscal years that fall within the period of performance must submit to AZDOHS via audits(@-azdohs.gov, a statement stating they do not meet the threshold and therefore do not have to complete a single audit or program specific audit. d) Subrecipient will be monitored periodically by AZDOHS, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based reviews and on-site monitoring visits. Monitoring can involve aspects of the work involved under this Agreement including but not limited to the review and analysis of financial, programmatic, equipment, performance, and administrative issues relative to each program and will identify areas where technical assistance and other support may be needed. Subrecipient shall participate in and cooperate with all such monitoring by AZDOHS, and shall provide access to all personnel, documents, and other records as may be requested from time to time by AZDOHS. Subrecipient also shall comply with all requests of AZDOHS that AZDOHS deems necessary to assure the parties' compliance with their obligations under this Agreement. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 2 VII. APPLICABLE FEDERAL REGULATIONS The Subrecipient must comply with the applicable Notice of Funding Opportunity (NOFO), Office of Management and Budget Code of Federal Regulations (CFR) 2 CFR 200: Uniform Guidance. The NOFO for this program is hereby incorporated into your award agreement by reference. By accepting this award, the Subrecipient agrees that all allocation and use of funds under this grant will be in accordance with the requirements contained in the NOFO. Where applicable and with prior written approval from AZDOHS/DHS/FEMA, HSGP Program recipients using funds for construction projects must comply with the Davis-Bacon Act(40 U.S.C. 3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website http://www.dol.pov/compliance/laws/comp-dbra.htm. Insurance Coverage The Subrecipient affirms the organization maintain insurance coverage as described in 2 CFR 200.310. The non-Federal (Subrecipient) entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award. National Incident Management System (NIMS) The Subrecipient agrees to remain in compliance with National Incident Management System (NIMS) implementation initiatives as outlined in the applicable NOFO. Environmental Planning and Historic Preservation The Subrecipient shall comply with Federal, State and Local environmental and historical preservation (EHP) regulations, laws and Executive Orders as applicable. Subrecipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed before funds are released to carry out the proposed project. If ground disturbing activities occur during project implementation, the Subrecipient must ensure monitoring of ground disturbance and if any archeological resources are discovered, the Subrecipient shall immediately cease construction in that area and notify FEMA, AZDOHS and the appropriate State Historic Preservation Office. DHS/FEMA will not fund projects that are initiated without the required EHP review. Additionally, all recipients are required to comply with DHS/FEMA EHP Policy Guidance. This EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation Policy Guidance, and FP108-024-4, Environmental Planning and Historical Preservation Policy. 17-AZDO H S-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 3 In addition to the above mentioned guidance documents, the following provisions must be adhered to: Consultants/Trainers/Training Providers Invoices for consultants/trainers/training providers must include at a minimum: a description of services; dates of services; number of hours for services performed; rate charged for services; and, the total cost of services performed. Consultant/trainer/training provider costs must be within the prevailing rates; must be obtained under consistent treatment with the procurement policies of the Subrecipient and 2 CFR 200; and shall not exceed the maximum of$450 per day per consultant/trainer/training provider unless prior written approval is granted by the AZDOHS. In addition to the per day $450 maximum amount, the consultant/trainer/training provider may be reimbursed reasonable travel, lodging, meal and incidental expenses not to exceed the State rate. Itemized receipts are required for lodging and travel reimbursements. The Subrecipient will not be reimbursed costs other than travel, lodging, meals and incidentals on travel days for consultants/trainers/training providers. Contractors/Subcontractors The Subrecipient may enter into written subcontract(s)for performance of certain of its functions under the Agreement in accordance with terms established in 2 CFR 200 and the applicable NOFO. The Subrecipient agrees and understands that no subcontract that the Subrecipient enters into with respect to performance under this Agreement shall in any way relieve the Subrecipient of any responsibilities for performance of its duties. The Subrecipient shall give the AZDOHS immediate notice in writing by certified mail of any action or suit filed and prompt notice of any claim made against the Subrecipient by any subcontractor or vendor which, in the opinion of the Subrecipient, may result in litigation related in any way to this Agreement. Travel Costs All grant funds expended for travel, lodging, and meals and incidentals must be consistent with the subrecipient's policies and procedures; and the State of Arizona Accounting Manual (SAAM); must be applied uniformly to both federally financed and other activities of the agency; and will be reimbursed at the most restrictive allowability and rate. At no time will the Subrecipient's reimbursement(s) exceed the State rate established by the Arizona Department of Administration, General Accounting Office Travel Policies: https.//pao.az.gov. Procurement The Subrecipient shall comply with its own procurement rules/policies and must also comply with Federal procurement rules/policies and all Arizona state procurement code provisions and rules. The Federal intent is that all Homeland Security Funds are awarded competitively. The Subrecipient shall not enter into a Noncompetitive (Sole or Single Source) Procurement Agreement, unless prior written approval is granted by the AZDOHS. The Noncompetitive Procurement Request Form and instructions are located on the AZDOHS website: www.azdohs.gov. Training and Exercise The Subrecipient agrees that any grant funds used for training and exercise must be in compliance with the applicable NOFO. All training must be included and approved in your application and/or approved through the DEMA/AZDOHS training request process prior to execution of training contract(s). All exercises must utilize and comply with the FEMA Homeland Security Exercise and Evaluation Program (HSEEP) guidance for exercise design, development, conduct, evaluation and reporting. The Subrecipient agrees to: a) Submit an exercise summary and attendance/sign-in roster to AZDOHS with all related reimbursement requests. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 4 b) Email the After Action Report/Improvement Plan (AAR/IP) to the local County Emergency Manager, the AZDOHS Strategic Planner, and the Arizona Department of Military Affairs (DEMA) Exercise Branch within 90 days of completion of an exercise or as prescribed by the most current HSEEP guidance. Nonsupplanting Agreement The Subrecipient shall not use funds received under this Agreement to supplant Federal, State, Tribal or Local funds or other resources that would otherwise have been made available for this program/project. The Subrecipient may be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Further, if a position created by a grant is filled from within, the vacancy created by this action must be filled within thirty (30) days. If the vacancy is not filled within thirty (30) days, the Subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the Subrecipient may resume charging for the grant position. E-Verify Compliance requirements for A.R.S. section 41-4401—immigration laws and E-Verify requirement. a) The Subrecipient warrants its compliance with all State and Federal immigration laws and regulations relating to its employees and to employees of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, including but not limited to A.R.S. section 23-214, Subsection A (that subsection reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program"). b) A breach of a warranty by Subrecipient regarding compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and the Subrecipient may be subject to penalties to be determined at AZDOHS's discretion, up to and including termination of this Agreement. c) The AZDOHS retains the legal right to inspect the papers of any Subrecipient employee who works on the Agreement, and to those of any employee of any contractor or subcontractor retained through Subrecipient to provide goods or services related to this Agreement, to ensure that the Subrecipient is complying with the warranty under paragraph (a) above. Property Control Effective control and accountability must be maintained by Subrecipient for all property/equipment purchased under this Agreement. The Subrecipient must adequately safeguard all such property/equipment and must assure that it is used for authorized purposes as described in the NOFO, grant application, and Code of Federal Regulations 2 CFR 200. The Subrecipient shall exercise caution in the use, maintenance, protection and preservation of such property. a) Property/equipment shall be used by the Subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal grant funds. Subrecipient is required to maintain and utilize equipment as outlined in 2 CFR 200.313 - Equipment. Any loss, damage, or theft shall be investigated and reported to the AZDOHS. b) Nonexpendable Property/Equipment and Capital Assets: 1. Nonexpendable Property/Equipment is property which has a continuing use, is not consumed in use, is of a durable nature with an expected service life of one or more years, has an acquisition cost of$5,000 (Five Thousand Dollars) or more, and does not become a fixture or lose its identity as a component of other equipment or systems. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 5 2. A Capital Asset is any personal or real property, or fixture that has an acquisition cost of $5,000 (Five Thousand Dollars) or more per unit and a useful life of more than one year. c) A Property Control Form (if applicable) shall be maintained for the entire scope of the program or project for which property was acquired through the end of its useful life and/or disposition. All Nonexpendable Property and Capital Assets must be included on the Property Control Form. The Subrecipient shall provide AZDOHS a copy of the Property Control Form with the final quarterly programmatic report. The Property Control Form can be located at www.azdohs.gov. The Subrecipient agrees to be subject to equipment monitoring and auditing by state or federal authorized representatives to verify information. d) A physical inventory of Nonexpendable Property/Equipment and Capital Assets must be taken and the results reconciled with the Property Control Form at least once every two years. 1. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated and reported to AZDOHS. 2. Adequate maintenance procedures must be developed to keep the property in good condition. e) When Nonexpendable Property/Equipment and/or Capital Assets are no longer in operational use by the Subrecipient, an updated Property Control Form must be submitted to AZDOHS immediately. The disposition of equipment shall be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200. If the Subrecipient is requesting disposition of Capital Assets for reasons other than theft, destruction, or loss, the Subrecipient must submit an Equipment Disposition Request Form and receive approval prior to the disposition. The Equipment Disposition Request Form can be found at www.azdohs.gov. Allowable Costs The allowability of costs incurred under this agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items as set forth in the applicable Code of Federal Regulations, authorized equipment lists, and guidance documents referenced above. a) The Subrecipient agrees that grant funds for any indirect costs that may be incurred are in accordance with 2 CFR 200 and the applicable NOFO. Indirect costs must be applied for and approved in writing by the AZDOHS prior to expenditure and reimbursement. b) The Subrecipeint agrees that grant funds are not to be expended for any Management and Administrative (M&A) costs that may be incurred by the Subrecipient for administering these funds unless explicitly applied for and approved in writing by the AZDOHS and shall be in compliance with the applicable NOFO. Vill. DEBARMENT CERTIFICATION The Subrecipient agrees to comply with the Federal Debarment and Suspension regulations as outlined in the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions." All recipients must comply with Executive Orders 12549 and 12689, and 2 CFR 200 Part 180 which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 6 IX. FUNDS MANAGEMENT The Subrecipient must maintain funds received under this Agreement in separate ledger accounts and cannot mix these funds with funds from other sources. The Subrecipient must manage funds according to applicable Federal regulations for administrative requirements, costs principles, and audits. The Subrecipient must maintain adequate business systems to comply with Federal requirements. The business systems that must be maintained are: • Financial Management • Procurement • Personnel • Property • Travel A system is adequate if it is 1) written; 2) consistently followed — it applies in all similar circumstances; and 3) consistently applied — it applies to all sources of funds. X. REPORTING REQUIREMENTS Regular reports by the Subrecipient shall include: a) Programmatic Reports The Subrecipient shall provide quarterly programmatic reports to the AZDOHS within fifteen (15) calendar days of the last day of the quarter in which services are provided. The Subrecipient shall use the form provided by the AZDOHS to submit quarterly programmatic reports. The report shall contain such information as deemed necessary by the AZDOHS. The Subrecipient shall use the Quarterly Programmatic Report form, which is posted at www.azdohs.gov. If the scope of the project has been fully completed and implemented, and there will be no further updates, then the quarterly programmatic report for the quarter in which the project was completed will be sufficient as the final report. The report should be marked as final and should be inclusive of all necessary and pertinent information regarding the project as deemed necessary by the AZDOHS. Quarterly programmatic reports shall be submitted to the AZDOHS until the entire scope of the project is completed. b) Subrecipients must provide substantial/detailed information as to the status of completion of the milestones included in the application (not applicable to Operation Stonegarden). Failure to adequately provide complete information will result in the Quarterly Report being rejected and resubmission will be required. c) Quarterly Programmatic Reports are due: January 15 (for the period from October 1— December 31) April 15 (for the period from January 1 — March 31) July 15 (for the period from April 1 —June 30) October 15 (for the period from July 1 — September 30) d) Final Quarterly Report: The final quarterly report is due no more than fifteen (15) calendar days after the end of the performance period. Subrecipient may submit a final quarterly report prior to the end of the performance period if the scope of the project has been fully completed and implemented. The Property Control Form is due with the final quarterly report (if applicable). e) Property Control Form — if applicable: The Subrecipient shall provide the AZDOHS a copy of the Property Control Form with the final quarterly report. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 7 a. In case of equipment disposition: The Property Control Form shall be updated and a copy provided to AZDOHS no more than forty-five (45) calendar days after equipment disposition, if applicable. The disposition of equipment must be in compliance with the AZDOHS Disposition Guidance and 2 CFR 200.313. f) Financial Reimbursements The Subrecipient shall provide AZDOHS request for reimbursement as frequently as monthly but not less than quarterly. Reimbursement requests are only required when expenses have been incurred. Reimbursement requests shall be submitted with the Reimbursement Form provided by the AZDOHS staff. The Subrecipient shall submit a final reimbursement request for expenses received and invoiced prior to the end of the termination of this Agreement no more than forty-five (45) calendar days after the end of the Agreement. Requests for reimbursement received by AZDOHS later than forty-five (45) calendar days after the Agreement termination will not be paid. The final reimbursement request as submitted shall be marked as final. Subrecipients will only be reimbursed for expenses that have been obligated, expended and received within the authorized Period of Performance as identified in Section II of this Agreement. Subrecipients are not authorized to obligate or expend funds prior to the start date of the Period of Performance. Any expenses obligated or expended prior to the Period of Performance start date will be deemed unallowable and will not be reimbursed. Any expenses/services that occur beyond the Period of Performance (i.e. cell phone service) will be deemed unallowable and will not be reimbursed. The AZDOHS requires that all requests for reimbursement are submitted via United States Postal Service, Fed Ex, UPS, etc. or in person. Reimbursement requests submitted via fax or by any electronic means will not be accepted. The AZDOHS reserves the right to request and/or require any supporting documentation and/or information it feels necessary in order to process reimbursements. Subrecipient shall promptly provide AZDOHS with all such documents and/or information. All reports shall be submitted to the contact person as described in Paragraph XXXVII, NOTICES, of this Agreement. XI. ASSIGNMENT AND DELEGATION The Subrecipient may not assign any rights hereunder without the express, prior written consent of both parties. XII. AMENDMENTS Any change in this Agreement including but not limited to the Description of Services and budget described herein, whether by modification or supplementation, must be accomplished by a formal Agreement amendment signed and approved by and between the duly authorized representative of the Subrecipient and the AZDOHS. In the event of any new legislation, laws, ordinances, or rules affecting this Agreement, the parties agree that the terms of this Agreement shall automatically incorporate the terms of such new legislation, laws, ordinances, or rules. Any such amendment shall specify: 1) an effective date; 2) any increases or decreases in the amount of the Subrecipient's compensation, if applicable; 3) be titled as an "Amendment," and 4) be signed by the parties identified in the preceding paragraph. The Subrecipient expressly and explicitly understands and agrees that no other method of communication, including any other document, correspondence, act, or oral communication by or from any person, shall be used or construed as an amendment or modification or supplementation to this Agreement. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 8 XIII. US DEPARTMENT OF HOMELAND SECURITY AGREEMENT ARTICLES Article A—Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to this Agreement after it has been entered into, including changes to period of performance or terms and conditions, the Subrecipient will be notified of the changes in writing. Once notification has been made, any subsequent request for funds by Subrecipient will constitute Subrecipient's acceptance of the changes to this Agreement and the incorporation of such changes into this Agreement. Article B - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired in conjunction with this Agreement by the Subrecipient is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, the Subrecipient must request instructions from DHS/FEMA via AZDOHS by submitting an Equipment Disposition Request Form in order to make proper disposition of the equipment pursuant to 2 CFR section 200.313. Article C - DHS Specific Acknowledgements and Assurances Subrecipient hereby acknowledges and agrees—and agrees to require any contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Subrecipient hereby agrees to cooperate with any compliance review or complaint investigation conducted by DHS. 2. Subrecipient hereby agrees to give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Subrecipient hereby agrees to submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Subrecipient hereby agrees to comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the Subrecipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Subrecipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL) by email at crcl(a_hg.dhs.gov or by mail at U.S. Department of Homeland Security Office of Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event any court or administrative agency makes a finding of discrimination by Subrecipient (or any of its contractors or subcontractors involved in providing goods or services under this Agreement) on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, Subrecipient must forward a copy of the complaint and findings to the DHS financial assistance office and the CRCL office by email or mail at the addresses listed above. Subrecipient hereby acknowledges and agrees that the United States has the right to seek 17-AZDO H S-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 9 judicial enforcement of these obligations. Article D - Use of DHS Seal, Logo and Flags Subrecipient hereby acknowledges that it must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article E - USA Patriot Act of 2001 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. section 175-175c. Article F - Trafficking Victims Protection Act of 2000 Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the government-wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. section 7104). The award term is located at 2 CFR Part 175. Article G - Lobbying Prohibitions The Subrecipient hereby acknowledges and agrees that it must comply with 31 U.S.C. section 1352, and acknowledges and agrees that none of the funds provided under this Agreement may be used to pay any person to influence, or attempt to influence an officer or employee of any agency (whether State or Federal), a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Article H - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225(a), the Subrecipient hereby acknowledges and agrees that it must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. section 2225. Article I - Fly America Act of 1974 The Subrecipient hereby acknowledges and agrees that it must comply with the following Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision 13138942. Article J - Federal Debt Status The Subrecipient hereby acknowledges and agrees that it is required to be non-delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. Article K- False Claims Act and Program Fraud Civil Remedies The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of 31 U.S.C. section 3729 which set forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. sections 3801-3812 which details the administrative remedies for false claims and statements made. 17-AZDO H S-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 10 Article L - Duplication of Benefits Any cost allocable to a particular Federal award, provided for in 2 CFR Part 200, Subpart E may not be charged to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would not preclude a Subrecipient form shifting costs that are allowable under two or more Federal awards in accordance with existing Federal statutes, regulations, or the terms and conditions of the Federal award. Article M - Drug-Free Workplace Regulations The Subrecipient hereby acknowledges and agrees that it must comply with the Drug-Free Workplace Act of 1988 (412 U.S.C. section 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The Subrecipient must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR Part 3001, which adopts the Government-wide implementation (2 CFR Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 USC 8101-8107). Article N - Copyright The Subrecipient hereby acknowledges and agrees that it must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards. Article O - Best Practices for Collection and Use of Personally Identifiable Information (PII) The Subrecipient hereby acknowledges and agrees that if it collects PII, it is required to have a publicly-available privacy policy that describes what PII they collect, how they use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Award recipients may also find as a useful resource the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template respectively. Article P - Activities Conducted Abroad The Subrecipient hereby acknowledges and agrees that it must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article Q - Acknowledgement of Federal Funding from DHS The Subrecipient hereby acknowledges and agrees that it must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article R - Assurances, Administrative Requirements and Cost Principles, and Audit Requirements The Subrecipient hereby acknowledges and agrees that it must complete OMB Standard Form 424B Assurances — Non-Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs as applicable. Certain assurances in this document may not be applicable to this Agreement, and the awarding agency may require applicants to certify additional assurances. Please contact the program awarding office if you have any questions. Article S - Age Discrimination Act of 1975 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 17-AZDOHS-HSGP-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 11 Article T- Americans with Disabilities Act of 1990 The Subrecipient hereby acknowledges and agrees that it shall comply with all State and Federal equal opportunity and non-discrimination requirements and conditions of employment, including but not limited to Arizona Executive Order 2009-9 and the requirements of Titles I, 11, and II I of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. sections 12101-12213). Article U - Civil Rights Act of 1964 - Title VI The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. section 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article V- Civil Rights Act of 1968 The Subrecipient hereby acknowledges and agrees that it must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features (see 24 CFR section 100.201). Article W- Limited English Proficiency (Civil Rights Act of 1964, Title VI) The Subrecipient hereby acknowledges and agrees that it must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https.11www.dhs.gov/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov. Article X- SAFECOM The Subrecipient hereby acknowledges and agrees that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article Y- Education Amendments of 1972 (Equal Opportunity in Education Act) —Title IX The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. Article Z - Rehabilitation Act of 1973 The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as amended, which 17-AZDO H S-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 12 provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article AA- Energy Policy and Conservation Act The Subrecipient hereby acknowledges and agrees that it must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article AB - Patents and Intellectual Property Rights Unless otherwise provided by law, the Subrecipient hereby acknowledges and agrees that it is subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. section 200 et seq., and that it is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards are in 37 CFR Part 401 and the standard patent rights clause in 37 CFR section 401.14. Article AC - Procurement of Recovered Materials The Subrecipient hereby acknowledges and agrees that it must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and that the requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article AD - Terrorist Financing The Subrecipient hereby acknowledges and agrees that it must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with the Order and laws. Article AE - Whistleblower Protection Act The Subrecipient hereby acknowledges and agrees that it must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. 4712, and 10 U.S.C. section 2324, 41 U.S.C. section 4304 and 4310. Article AF - Reporting of Matters Related to Recipient Integrity and Performance If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this Federal award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and, Performance Matters located at 2 CFR Part 200 Appendix XI I, the full text of which is incorporated here by reference in the terms and conditions of your award. Article AG - Reporting Subawards and Executive Compensation All Subrecipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 CFR Part 170, Appendix A, the full text of which is incorporated here by reference in the terms and conditions of your award. Article AH - Federal Leadership on Reducing Text Messaging while Driving All Subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official Government business or when performing any work for or on behalf of the federal government. 17-AZDO H S-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 13 Article Al — Buy American and Hire American All Subrecipients are required to comply with any application provisions of the Buy American Act (41 U.S.C. Sections 8301 through 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States. Article AJ — Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All Subrecipients must comply with the equal treatment policies and requirements contained in 6 CFR Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs. Article AK— National Environmental Policy Act All Subrecipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires Subrecipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. XIV. OFFSHORE PERFORMANCE OF WORK PROHIBITED Due to security and identity protection concerns, all services under this Agreement shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision applies to work performed by the Subrecipient's contractors and subcontractors at all tiers. XV. AGREEMENT RENEWAL This Agreement shall not bind nor purport to bind the AZDOHS for any contractual commitment in excess of the original Agreement period. XVI. RIGHT TO ASSURANCE If the AZDOHS in good faith has reason to believe that the Subrecipient does not intend to, or is unable to perform or continue performing under this Agreement, the AZDOHS may demand in writing that the Subrecipient give a written assurance of intent to perform. If the Subrecipient fails to provide written assurance within the number of days specified in the demand, the AZDOHS at its option may terminate this Agreement. XVII. CANCELLATION FOR CONFLICT OF INTEREST The AZDOHS may, by written notice to the Subrecipient, immediately cancel this Agreement without penalty or further obligation pursuant to A.R.S. section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Agreement on behalf of the State or its subdivisions (unit of Local Government) is an employee or agent of any other party in any capacity or a consultant to any other party to the Agreement with respect to the subject matter of the Agreement. Such cancellation shall be effective when the parties to the Agreement receive written notice from the AZDOHS, unless the notice specifies a later time. XVIII. THIRD PARTY ANTITRUST VIOLATIONS The Subrecipient hereby assigns to the State of Arizona any claim for overcharges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to Subrecipient toward fulfillment of this Agreement. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 14 XIX. AVAILABILITY OF FUNDS Every payment obligation of the AZDOHS under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligations under A.R.S. section 35-154. If the funds are not allocated and available for the continuance of this Agreement, the AZDOHS may terminate this Agreement at the end of the period for which funds are available. No liability shall accrue to the AZDOHS in the event this provision is exercised, and the AZDOHS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph, including purchases and/or contracts entered into by the Subrecipient in the execution of this Agreement. XX. FORCE MAJEURE If either party hereto is delayed or prevented from the performance of any act required in this Agreement by reason of acts of God, strikes, lockouts, labor disputes, civil disorder, or other causes without fault and beyond the control of the party obligated, performance of such act will be excused for the period of the delay. XXI. PARTIAL INVALIDITY Any term or provision of this Agreement that is hereafter declared contrary to any current or future law, order, regulation, or rule, or which is otherwise invalid, shall be deemed stricken from this Agreement without impairing the validity of the remainder of this Agreement. XXII. ARBITRATION In the event of any dispute arising under this Agreement, written notice of the dispute must be provided to the other party within thirty (30) calendar days of the events giving the rise to the dispute. Any claim made by or against the State or any of its political subdivisions (including but not limited to AZDOHS) relating to this Agreement shall be resolved through the administrative claims process. In the event that the parties would otherwise be in court and/or if A.R.S. section 12-1518 applies, the parties shall proceed in arbitration through the American Arbitration Association ("AAA"), with the arbitrator to be selected pursuant to AAA rules and the arbitration to be conducted according to the applicable AAA rules, and with the costs of arbitration (including but not limited to the arbitrator's fees and costs) to be divided 50/50 between the parties, subject to reallocation between the parties by the arbitrator. In the event that the parties become involved in litigation with each other relating to this Agreement for any reason in any other forum, both parties agree to have any claim(s) resolved in arbitration on the terms set forth in this part XXII. Any arbitration award may be enforced through the Maricopa County Superior Court or the U.S. District Court located in Phoenix, Arizona. XXIII. GOVERNING LAW AND CONTRACT INTERPRETATION a) This Agreement shall be governed and interpreted in accordance with the laws of the State of Arizona. b) This Agreement is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms in this document. c) Either party's failure to insist on strict performance of any term or condition of the Agreement shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object. XXIV. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties hereto pertaining to the subject matter hereof and may not be changed or added to except by a writing signed by all parties hereto in conformity with Paragraph XII, AMENDMENTS. The Subrecipient agrees to 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 15 comply with any such amendment within ten (10) business days of receipt of a fully executed amendment. All prior and contemporaneous agreements, representations, and understandings of the parties, oral, written, pertaining to the subject matter hereof, are hereby superseded or merged herein. XXV. LICENSING The Subrecipient, unless otherwise exempted by law, shall obtain and maintain all licenses, permits, and authority necessary to perform those acts it is obligated to perform under this Agreement. XXVI. SECTARIAN REQUESTS Funds disbursed pursuant to this Agreement may not be expended for any sectarian purpose or activity, including sectarian worship or instruction in violation of the United States or Arizona Constitutions. XXVII. ADVERTISING AND PROMOTION OF AGREEMENT The Subrecipient shall not advertise or publish information for commercial benefit concerning this Agreement without the written approval of the AZDOHS. XXVIII. OWNERSHIP OF INFORMATION, PRINTED AND PUBLISHED MATERIAL The AZDOHS reserves the right to review and approve any publications funded or partially funded through this Agreement. All publications funded or partially funded through this Agreement shall recognize the AZDOHS and the U.S. Department of Homeland Security. The U.S. Department of Homeland Security and the AZDOHS shall have full and complete rights to reproduce, duplicate, disclose, perform, and otherwise use all materials prepared under this Agreement. The Subrecipient agrees that any report, printed matter, or publication (written, visual, or sound, but excluding press releases, newsletters, and issue analyses) issued by the Subrecipient describing programs or projects funded in whole or in part with Federal funds shall contain the following statement: "This document was prepared under a grant from the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security." The Subrecipient also agrees that one copy of any such publication, report, printed matter, or publication shall be submitted to the AZDOHS to be placed on file and distributed as appropriate to other potential subrecipients or interested parties. The AZDOHS may waive the requirement for submission of any specific publication upon submission of a request providing justification from the Subrecipient. The AZDOHS and the Subrecipient recognize that research resulting from this Agreement has the potential to become public information. However, prior to the termination of this Agreement, the Subrecipient agrees that no research-based data resulting from this Agreement shall be published or otherwise distributed in any form without express written permission from the AZDOHS and possibly the U.S. Department of Homeland Security. It is also agreed that any report or printed matter completed as a part of this agreement is a work for hire and shall not be copyrighted by the Subrecipient. XXIX. CLOSED-CAPTIONING OF PUBLIC SERVICE ANNOUNCEMENTS Any television public service announcement that is produced or funded in whole or in part by the Subrecipient shall include closed captioning of the verbal content of such announcement. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 16 XXX. INDEMNIFICATION Each party (as "Indemnitor") agrees to defend, indemnify, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The State of Arizona, (AZDOHS) is self-insured per A.R.S. 41-621. In addition, should Subrecipient utilize a contractor(s) and subcontractor(s), the indemnification clause between Subrecipient and contractor(s) and subcontractor(s) shall include the following: Contractor shall defend, indemnify, and hold harmless the (insert name of other governmental entity) and the State of Arizona, and any jurisdiction or agency issuing any permits for any work arising out of this Agreement, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as "Indemnitee') from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys'fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as "Claims') for bodily injury or personal injury(including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the contractor or any of the directors, officers, agents, or employees or subcontractors of such contractor. This indemnity includes any claim or amount arising out of or recovered under the Workers'Compensation Law or arising out of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such contractor from and against any and all claims. It is agreed that such contractor will be responsible for primary loss investigation, defense and judgment costs where this indemnification is applicable. Additionally on all applicable insurance policies, contractor and its subcontractors shall name the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as an additional insured and also include a waiver of subrogation in favor of the State. XXXI. TERMINATION a) All parties reserve the right to terminate the Agreement in whole or in part due to the failure of the Subrecipient or AZDOHS to comply with any term or condition of the Agreement, to acquire and maintain all required insurance policies, bonds, licenses, and permits or to make satisfactory progress in performing the Agreement. The staff of either party shall provide a written thirty (30) day advance notice of the termination and the reasons for it. b) If the Subrecipient chooses to terminate the Agreement before the grant deliverables have been met then the AZDOHS reserves the right to collect all reimbursements distributed to the Subrecipient. c) The AZDOHS may, upon termination of this Agreement, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Agreement. The Subrecipient shall be liable to the AZDOHS for any excess costs incurred by the AZDOHS in procuring materials or services in substitution for those due from the Subrecipient. 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 17 XXXII. CONTINUATION OF PERFORMANCE THROUGH TERMINATION The Subrecipient shall continue to perform, in accordance with the requirements of the Agreement, up to the date of termination, as directed in the termination notice. XXXIII. PARAGRAPH HEADINGS The paragraph headings in this Agreement are for convenience of reference only and do not define, limit, enlarge, or otherwise affect the scope, construction, or interpretation of this Agreement or any of its provisions. XXXIV. COUNTERPARTS This Agreement may be executed in any number of counterparts, copies, or duplicate originals. Each such counterpart, copy, or duplicate original shall be deemed an original, and collectively they shall constitute one agreement. XXXV. AUTHORITY TO EXECUTE THIS AGREEMENT Each individual executing this Agreement on behalf of the Subrecipient represents and warrants that he or she is duly authorized to execute this Agreement. XXXVI. SPECIAL CONDITIONS a) The Subrecipient must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. b) The Subrecipient acknowledges that the U.S. Department of Homeland Security and the AZDOHS reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (a) the copyright in any work developed under an award or sub-award; and (2) any rights of copyright to which a subrecipient purchases ownership with Federal support. The Subrecipient shall consult with the AZDOHS regarding the allocation of any patent rights that arise from, or are purchased with, this funding. c) The Subrecipient agrees to cooperate with any assessments, state/national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. d) The Subrecipient is prohibited from transferring funds between programs (e.g., State Homeland Security Program, Urban Area Security Initiative, Operation Stonegarden). 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 18 XXXVII. NOTICES Any and all notices, requests, demands, or communications by either party to this Agreement, pursuant to or in connection with this Agreement shall be in writing, be delivered in person, or shall be sent to the respective parties at the following addresses: Arizona Department of Homeland Security 1700 West Washington Street, Suite 210 Phoenix, AZ 85007 The Subrecipient shall address all programmatic and reimbursement notices relative to this Agreement to the appropriate AZDOHS staff; contact information at www.azdohs.gov. The AZDOHS shall address all notices relative to this Agreement to: Thomas E. Kelly, Chief of Police Enter Title, First & Last Name Above Anncbe Tnnction Police Department Enter Age6cy Name Above 300 East SuperstitionBlvd. Enter Street Address Above Apache Junction,Arizona 851169 Enter City, State, ZIP Above XXXVIII. IN WITNESS WHEREOF The parties hereto agree to execute this Agreement. FOR AND BEHALF OF THE FOR AND BEHALF OF THE City of Apache Junction Arizona Department of Homeland Security Enter Agency Name Above Authorized Signature Above Gilbert M. Orrantia Mayor Jeff Serdy Director Print Name & Title Above Enter Date Above Date (Complete and mail two original documents to the Arizona Department of Homeland Security.) 17-AZDOHS-H SG P-170309-01 Any unauthorized changes to this document will result in termination of this award. Version 9/14/2017 Page 19 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. �Piz oN* File ID: 20-146 Sponsor: Liz Langenbach Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 20-03 authorizing the City of Apache Junction to enter into an intergovernmental facilities use agreement with the Apache Junction Unified School District to extend recreational and educational related services and programs to the community and for joint or cooperative activities. City of Apache Junction,Arizona Page 1 Printed on 611512026 PQ Pc HE✓�ti �z iCy ot fiche ]unction p gAlzotO` 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: February 19, 2020 SUBJECT: Intergovernmental Agreement with Apache Junction Unified School District Our current Inter-Governmental Agreement ("IGA") between the City of Apache Junction ("City") and Apache Junction Unified School District ("AJUSD") is set to expire in May of this year. City and AJUSD staff have been meeting since summer, to discuss the many benefits of our partnership and potential changes to the current agreement. Both entities have worked closely with both attorneys. We are confident that our renewed IGA will provide continued sharing of tax payer-funded resources for the overall good of our citizens. Below are the key changes we hope to accomplish (all other items remain the same): 1. Parks and Recreation to take back all maintenance of landscape and amenities at Superstition Shadows Park (rather than splitting responsibility); it was built as a city park, it is viewed by citizens as a city park and we would like to insure consistent maintenance 2. Add in language to allow the use of AJUSD bus fleet and drivers for city programs/field trips 3. Add in language to clarify the mutual marketing/promotion opportunities for both entities 4. Increase the term of the new agreement from 5 years to a maximum of 10 years 5. Minor clean-up of legal descriptions and format At this time, staff respectfully requests consideration by the City Council to renew our agreement with AJUSD. This item will appear for presentation and discussion at your March 2nd Work Session. If all is agreeable, staff will bring back the IGA and accompanying resolution to your March 17th City Council meeting for final adoption. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•www.aicity.net •PHONE(480)983-2181•FAX(480)982-2438•TDD(480) 983-0095 DRAFT 2/12/20 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 INTERGOVERNMENTAL FACILITIES USE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 INTERGOVERNMENTAL FACILITIES USE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND APACHE JUNCTION UNIFIED SCHOOL DISTRICT#43 THIS INTERGOVERNMENTAL FACILITIES USE AGREEMENT (the "Agreement" or this "IGA") is made as of the day of 2020, ("Effective Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (the "City") and APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43, (the "District"), collectively from time to time referred to as the "Parties", or individually as a "Party". RECITALS A. Pursuant to A.R.S. §§ 11-952, 15-342(13) and 15-364, local municipalities and school districts may enter into intergovernmental agreements for common goals, including but not limited to development, cooperative maintenance, operation and use of parks and recreational facilities on properties used for school purposes and under the control of school districts. B. The Parties historically entered into cooperative use, construction, and maintenance agreements for recreational and educational facilities (the "Facilities") and activities (August 1979, October 1981, May 1983, May 1989, April 1991, February 2001 and May 14, 2015 (expiring on May 14, 2020)). C. District is the owner of certain real property located at 1091 West Southern Avenue, Apache Junction, Arizona, and related athletic and recreational facilities as set forth in Exhibit A hereto (the "Superstition Shadows Facilities"). D. District is the owner of certain real property located at 550 South Ironwood Drive, Apache Junction, Arizona, and related athletic and recreational facilities as set forth in Exhibit B hereto (the "Superstition Mountain Facilities"). E. District and City desire to achieve cost savings and serve the public interest within their respective boundaries by providing recreational, educational and athletic facilities for use by District's students and City's residents consistent with the mutual responsibilities of the Parties. F. The Parties intend, concurrent with this IGA, to enter into good faith negotiations to finalize an arrangement which provides for other City/District partnerships, thereby resulting in taxpayer savings and extending recreational and education-related services and programs for years to come. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, the Parties agree as follows: 2 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals as set forth above, which are incorporated herein by this reference. 2. PURPOSE OF THIS AGREEMENT: The purpose of this Agreement is to set forth the services, programs and facilities common to the Parties for the benefit of the community. 3. FACILITIES: The applicable Facilities and Parties' obligations and rights include: A. With respect to the Superstition Shadows Facilities: i. District Duties: On July 1 st of each year that this Agreement is in effect, District shall pay City $25,000.00 for its proportionate share of maintenance and utilities. District shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide to City proof of such insurance no later than July 1" each year that this Agreement is in effect and shall provide a certificate of insurance which names City, its elected officials, appointees and employees as additional insured parties. ii. District Rights: With non-conflicting advanced scheduling and approval from City staff, District may utilize City-managed portions of the Superstition Shadows Facilities free of charge. District shall retain title and all related rights to the Superstition Shadows Facilities except as modified by this Agreement. iii. City Duties: City shall manage and maintain the Superstition Shadows facilities year-round while this Agreement is in effect. City shall manage scheduling of use of the facilities for the benefit of District and its students and employees, City athletic leagues, and other members of the public. City shall be listed as the responsible named party on all utility accounts and shall pay all utility bills for the Superstition Shadows Facilities. City shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide to District proof of such insurance no later than July 1" each year this Agreement is in effect and shall provide District a certificate of insurance which names District, its elected officials, appointees and employees as additional insured parties. 3 iv. City Rights: City may operate concession stands and retain all realized profits; place signage as necessary on the property; and utilize all areas for public recreational purposes. B. With respect to the Superstition Mountain Facilities: i. District Duties: District shall allow City year-round unrestricted use of the Superstition Mountain Facilities each year this Agreement is in effect. District shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and provide proof of such insurance to City no later than July 1" of each year this Agreement is in effect and shall provide a certificate of insurance which names City, its elected officials, appointees and employees as additional insured parties. ii. District Rights: With non-conflicting advanced scheduling and approval from City staff, District may utilize City-managed portions of the Superstition Mountain Facilities free of charge. District shall retain title and all related rights to the Superstition Mountain Facilities except as modified by this Agreement. iii. City Duties: City shall provide all maintenance and fully manage year-round the Superstition Mountain Facilities. City shall manage scheduling of use of the facilities for the benefit of District and its students and employees, City athletic leagues, and other members of the public. City shall be the responsible named party on all utility accounts and shall pay all utility bills for the Superstition Mountain Facilities. City shall purchase and maintain throughout the Term of this Agreement public liability and property damage insurance and shall provide proof of such insurance to District no later than July 1 stof each year this Agreement is in effect and shall provide District a certificate of insurance which names District, its elected officials, appointees and employees as additional insured parties. iv. City Rights: City may operate concession stands and retain all realized profits and place signage as necessary on the property. C. Other City/District Owned Shared Facilities 4 District and City Duties: Subject to the last sentence of this paragraph, each Party shall be provided access to other facilities owned by the other Party free of charge provided that a) the requesting Party provides advanced non- conflicting scheduling notice to the other and obtains appropriate approvals b) that such use does not interfere with the primary function and purpose of the Party providing access to such facilities and c) that such use is consistent with applicable state and federal laws governing safety and privacy of students. Facilities requiring staff will incur charges using a cost recovery model mutually agreed upon in writing by the school superintendent and city manager. 4. MISCELLANEOUS CITY/DISTRICT ACTIVITIES: A. Use of Buses: Upon reasonable request by City, District shall provide buses for City-sponsored events subject to the following conditions: i. City will give District adequate notice of City's intent to use the District-provided buses. Adequate notice means sufficient time to allow District employees to coordinate use of buses with all relevant District departments, but in no case less than seven days. ii. District shall have priority use of buses, and if District requires use of buses for District activities, City shall have no right to such use. iii. City will pay District for actual costs of operating the buses and any staffing expenses within 30 days following use of District buses. B. Marketing of City/District Programs: The Parties will promote and/or market appropriate programs to citizens, students and parents by posting the programs on their respective marquees. The Parties will provide promotional materials including but not limited to posters, flyers, and electronic communications regarding programs of interest to citizens, students and parents. The Party sponsoring such program shall incur the costs of producing promotional materials. 5. PARTNERED ACTIVITIES: District and City shall coordinate and work cooperatively on any and all programs and/or services determined to be mutually beneficial to both Parties. 6. INDEMNIFICATION: To the extent permitted by law, each Party covenants and agrees to fully indemnify, defend and hold harmless the other Party, its special districts, elected officials and appointed officers, employees, 5 and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement, including attorney and expert witness fees, which, are the result of any act or omission of the Parties, their elected officials, officers, employees, agents, and anyone acting under their direction or control, whether reckless, intentional or negligent, in connection with or incidental to this Agreement. If any action or claim shall be brought or asserted against either Party or their elected officials, appointed officers, agents, servants or employees for which indemnity may be sought from either Party, the Parties shall promptly notify one another in writing. The noticed Party shall, within ten working days of receiving such notice, assume the defense thereof and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This section shall survive the expiration or early termination of this Agreement. 7. INSURANCE: It is understood and agreed that both Parties may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement and to meet the insurance requirements set forth in Sections 3 and 6 of this Agreement. 8. MUTUAL REPRESENTATIONS: The Parties represent and warrant to each other the following: A. Their execution and approval of this Agreement has been made in compliance with the procedural requirements of their respective codes, rules and statutory mandates. B. They will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. C. As of the date of this Agreement, the Parties know of no litigation, proceeding, initiative, referendum, or investigation contesting their powers or their officials with respect to this Agreement. D. The execution, delivery and performance of this Agreement by the Parties is not prohibited by, and does not conflict with, any other agreements, instruments or judgments or decrees involving the Parties. E. The Parties have been assisted by counsel of their own choosing in connection with the preparation and execution of this Agreement. 6 9. TERM OF AGREEMENT/TERMINATION: This Agreement shall be valid for a Term of eight years and shall automatically be renewed for two additional one-year periods. Before the eighth anniversary of the Effective Date of this Agreement, either Party may terminate this Agreement for any reason upon one-year written notice, sent to the other Party, by first class certified mail, postage prepaid. Either party may choose to non-renew this Agreement by sending written notice to the other Party at least 90 days before the effective date of automatic renewal of this Agreement. 10. 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, or by telecopy or tele- facsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: Parks and Recreation Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 And to: City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to District: Superintendent of Schools Apache Junction Unified School District#43 1575 W. Southern Avenue, Suite 3 Apache Junction, AZ 85120 And to: District Counsel [Udall Shumway, PLC] [1138 North Alma School Road, Suite 101] [Mesa, Arizona 85201] 10. SEVERABILITY: The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring either party 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; 7 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. 11. GOVERNING LAW, VENUE AND ATTORNEY FEES: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12. SUCCESSORS, ASSIGNMENT & DELEGATION: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither Party may assign, sublet or delegate the duties hereunder, without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 13. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between the Parties and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the Agreement, 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. Notwithstanding the above, items deemed as "minor amendments" under this IGA must be such things that are administrative, ministerial or procedural in nature, not policy-related that typically require City Council/District Board approval. If a minor amendment is needed, a letter agreement signed by the City Manager and District Superintendent shall be executed and provided to their respective governing 8 bodies. No official action is required by the City Council or District Board to accept minor amendments. 14. AVAILABILITY OF FUNDS: The Parties' financial obligations under this Agreement are contingent upon the availability of budgeted and/or allocated funds from which payment for services, programs and equipment common to the Parties can be made. There is no legal liability on the part of the Parties to make any payment or payments until funds are available for the services, programs and equipment under this Agreement and until each Party receives from each other notice of such availability, to be confirmed in writing by the Parties' representatives. 15. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by the Parties in accordance with the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. DISTRICT: Apache Junction Unified School District #43 By: Its: Chairperson ATTEST: By: Board Secretary CITY: City of Apache Junction, Arizona, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: 9 By: Jennifer Pena, City Clerk 10 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. Date District Attorney I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern Date City Attorney 11 EXHIBIT CACTUS - CANYON ':. JUNI 1 .s` SUPERSTITION SHADOWS ,» PARK .ro PARK BOUNDARY �140Or b, -. ,r yr _ y SUPERSTITION SHADOWS PARK BOUNDARY EXH1131T 'a• EXHIBIT c e a SOUNDARY- r S.M.E.S. 1 SUPERSTITION MOUNTAIN ELEMENTARY SCHOOL BALL FIELDS BOUNDARY EXHIBIT 'B' RESOLUTION NO. 20-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA TO ENTER INTO AN INTERGOVERNMENTAL FACILITIES USE AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT #43 . WHEREAS, the City of Apache Junction ("City") and the Apache Junction Unified School District #43 ("District") desire to enter into an agreement which will extend recreational and educational related services and programs to the community; and WHEREAS, pursuant to A.R. S . §§ 11-952 (A) , 15-362 (13) and 15-364, cities and schools may enter into intergovernmental agreements with each other for joint or cooperative activities; and WHEREAS, the parties have crafted the attached IGA which formalizes the arrangement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council hereby approve the attached form of the intergovernmental facilities use agreement between City and District and the mayor is hereby authorized to sign the agreement. 2) The city manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 JEFF SERDY Mayor RESOLUTION NO. 20-03 PAGE 1 OF 2 ATTEST : JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-03 PAGE 2 OF 2 ATTACHMENT A City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 20-119 Sponsor: Heather Patel Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing April 2020 as Fair Housing Month. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓GEC �L Z City of Apache Junction �RlzoNP Development Services Department ✓ DATE: March 4, 2020 TO: The Honorable Mayor and City Council THROUGH: Bryant Powell, City Manager Larry Kirch, Development Services Director FROM: Heather Patel, Program and Resource manager SUBJECT: Proclamation designating the month of April as "Fair Housing Month" REQUEST Staff respectfully requests the city council proclaim April 2020 as Fair Housing Month. This proclamation will fulfill one of the city's requirements as a recipient of grant funds from the Arizona Department of Housing. BACKGROUND Affirmatively Furthering Fair Housing was first included in the Fair Housing Act of 1964, which, in Title VI,prohibited discrimination in housing on the basis of race, color, and national origin. This Act also required that the United States Department of Housing and Urban Development ("HUD") administer its programs including the Community Development Block Grant ("CDBG")program in a manner that affirmatively promotes fair housing. Title VIII of the Civil Rights Act of 1968 covered housing discrimination on the basis of race, color, religion, sex or national origin. Title VIII was amended in 1988 by the Fair Housing Act which added two categories of protected persons from housing discrimination: 1) families with children(anyone under 18); and 2) individuals with disabilities. The Housing and Community Development Act of 1974, as amended, in Section 104, specifically states that communities shall affirmatively further fair housing. HUD regulations require that the state CDBG program affirmatively further fair housing. This Act requires each community to certify that it will affirmatively further fair housing. When a community is involved in the provision of housing or housing services, whether funded through CDBG or with other public funds, it must ensure that such programs are designed and implemented in a non-discriminatory way. Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 DISCUSSION The Arizona Department of Housing ("ADOH"),the regulatory agency, has indicated each community must complete the minimum requirements to further fair housing. These minimum requirements include: 1) Adopt a fair housing proclamation or resolution; 2) Display a fair housing poster in at least one public area of the community's administration building/office year round; and 3) Undertake at least one additional action specifically designed to further fair housing and/or educate the public about fair housing laws. Currently, the city displays an English and Spanish fair housing poster in the lobby of the development services department; the state fair housing brochure is made available in the development services department lobby; information is posted on the city's website; a press release is sent out; and staff attends a local/regional training relating to fair housing. Staff is also hosting a fair housing training workshop for local landlords and realtors on March 26, 2020. If a declaration of Fair Housing Month is not adopted, the city will be in violation of the laws as identified above and the regulations set forth by HUD and ADOH, thus jeopardizing future funding through CDBG. RECOMMENDATION Staff respectfully recommends the city council declare April 2020 as Fair Housing Month. ATTACHMENTS Attachment 1: 2020 Fair Housing Proclamation Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 r prortamatton FAIR HOUSING MONTH APRIL 2020 WHEREAS, the National Fair Housing Law of 1986, as amended by the Fair Housing Amendments Act of 1988 prohibits discrimination in housing and declares it a national policy to provide within constitutional limits, for hair housing in the United States; and WHEREAS, the principle of Fair Housing is not only national law and national policy but a fundamental human concept and entitlement for all Americans; and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, infrastructure, libraries, community centers, and recreational programs; and WHEREAS, April has traditionally been designated as Fair Housing Month in the United States; NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do hereby proclaim April as FAIR HOUSING MONTH in Apache Junction and do hereby urge all citizens of this community to comply with the letter and spirit of the Fair Housing Law. Signed and attested this day of 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. Piz File ID: 20-137 Sponsor: Heather Patel Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Presentation of proclamation recognizing March 13, 2020 as Grant Professionals Day. City of Apache Junction,Arizona Page 1 Printed on 611512026 prortamatton GRANT PROFESSIONALS DAY MARCH 13, 2020 WHEREAS, every day, grant professionals work diligently, often behind the scenes, to seek grant opportunities, plan and manage projects, and raise support for the causes championed by nonprofit organizations, schools, and municipalities like the City of Apache Junction; and WHEREAS, these talented professionals are dedicated to providing the highest standard of ethics, quality program development, thoughtful program implementation, and wise financial stewardship; and WHEREAS, Grant professionals Day is an international celebration of the professionals who seek, award, and implement grant-funded projects; and WHEREAS, Grant Professionals Day recognizes and celebrates the impact of grant professionals, administrators, consultants, managers, grant-makers, and writers for their beneficial contributions to people, government agencies, and nonprofit organizations. NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do hereby proclaim March 13, 2020 as GRANT PROFESSIONALS DAY in Apache Junction, Arizona. Signed and attested this day of 92020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. '+PizoN►' File ID: 20-124 Sponsor: Jeff Serdy Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 20-125 Sponsor: Bryant Powell Agenda Date: 3/17/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. Piz File ID: 20-015 Sponsor: Bryant Powell Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Introduction of and discussion with Pinal County Assessor Douglas Wolf. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. '+PizoN* File ID: 20-140 Sponsor: Nicholas Leftwich Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of proposed Ordinance No. 1489, case PZ-2-20, a proposed corrective rezoning of lots 1-8 and 17-23 of the Superstition Villa Subdivision from RS-7 (Medium/High Density Single-Family Detached Residential)to RM-1 (High Density Multiple-Family Residential)for the purpose of re-aligning the zoning designation with the subject site's current and historic land use. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� PQACHE✓G�� . y= City of Apache Junction gRizoNa► Development Services Department �,m�✓"'''°� P Date : March 17, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Nicholas Leftwich, Planning Intern Subject : March 17, 2020, City Council Public Hearing Item: PZ-2-20 (Ordinance No. 1489) City-Initiated Corrective Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision. Background This is a city-initiated corrective rezoning of 15 lots from RS-7 (Medium/High Density Single-Family Detached Residential) to RM-1 (High Density Multiple-Family Residential) for the purpose of re-aligning the zoning designation with the subject site' s current and historic land use . These properties had inadvertently and incorrectly been zoned to RS-7, dating back to the City' s adoption of its new zoning ordinance in 2014 . Planning and Zoning Commission Recommendation A Planning and Zoning Commission public hearing was held on February 25, 2020 (planning staff report and exhibits attached) . The Commission unanimously recommended approval of the rezoning in a vote of 7-0 . The attached ordinance represents staff' s and the Commission' s recommendation. Staff Recommendation Staff recommends approval of the rezoning. Attachments: - Draft Ordinance No. 1489 - PZ Staff Report from February 25, 2020, with all attachments. ORDINANCE NO. 1489 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTIES DESCRIBED IN REZONING CASE PZ-2-20, A CITY- INITIATED REZONING, FROM MEDIUM/HIGH DENSITY SINGLE- FAMILY DETACHED RESIDENTIAL ("RS-7") TO HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ("RM-1") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, prior to 2014, the zoning designation for the fifteen (15) lots legally described as lots 1-8 and lots 17-23 of the Superstition Villa Subdivision located at W. 16th Avenue and S . San Marcos Drive was the Multiple Family Residence ("CR-5") designation, a former zoning district that allows multiple family residences; and WHEREAS, on May 6, 2014, pursuant to Ordinance No. 1402, the Apache Junction City Council adopted a new zoning ordinance and zoning district maps, and the subject properties were inadvertently given a new zoning designation of Medium/High Density Single-Family Detached Residential ("RS-7") which prohibits the land use of multiple family residences; and WHEREAS, staff observed that all fifteen (15) lots consist of multiple family residences that were allowed and constructed under the former CR-5 regulations; and WHEREAS, the property is currently considered non-conforming and property owners are unable to develop or utilize their properties in accordance with former CR-5 regulations under the current RS-7 zoning designation; and WHEREAS, on January 14, 2020, the Apache Junction Planning and Zoning Commission recommended the rezoning be initiated; and WHEREAS, on February 25, 2020, the Apache Junction Planning and Zoning Commission unanimously recommended approval to the city council of rezoning case PZ-2-20 . ORDINANCE NO. 1489 PAGE 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcels of land legally described as : Lots 1-8 and Lots 17-23 of SUPERSTITION VILLA, according to the plat of record in the office of the county recorder of Pinal County, Arizona, recorded in Book 12 of Maps, Page 39 and re-dedicated in Docket 430, page 600, be and hereby is amended from Medium/High Density Single-Family Detached Residential ("RS-7") to High Density Multiple-Family Residential ("RM-1") . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2020 . SIGNED AND ATTESTED TO THIS DAY OF 2020 . JEFF SERDY Mayor ORDINANCE NO. 1489 PAGE 2 OF 3 ATTEST : JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1489 PAGE 3 OF 3 1 O� PQACHE✓G20 a � _�0Z City of Apache Junction1 qR/ZONP Development Services Department ,.,� � PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : February 25, 2020 CASE NUMBER: PZ-2-20, "City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" APPLICANT: City of Apache Junction, Staff Initiated Rezoning REQUEST: Proposed corrective rezoning of 15 lots from RS-7 (Medium/High Density Single-Family Detached Residential) to RM-1 (High Density Multiple-Family Residential) for the purpose of re- aligning the zoning designation with the subject site' s current and historic land use . LOCATION: The properties are located along the south side of 16th Avenue between S . San Marcos Drive and S . Plaza Drive consisting of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision. GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential/ RS-7 (Medium/High Density Residential) SURROUNDING USES : North: Residential Lots, zoned RS-7; Roadhaven Resort, zoned RVP/PD; and an Apache Junction Water Utilities facility, zoned PI . South: Residential Lots, zoned RS-7 & RM-2 East: Residential Lots, zoned RS-7 West: Residential Lots, zoned RS-7/PD ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report 2 BACKGROUND The proposed request affects fifteen (15) multi-family residential properties that are currently zoned RS-7 (Medium/High Density Single-Family Detached Residential) which is a zoning district that prohibits multi-family housing such as duplexes or multiplexes . Under the current RS-7 zoning designation, every housing structure in this area would be considered non-conforming. However, all of these structures were built when the zoning for this area was the CR-5 "Multiple Family Residence" zoning designation under the city' s pre-2014 zoning ordinance and maps . This zoning conflict was recently brought to the attention of the Staff and creates conflicts regarding the usage and permitting of these properties . Staff seeks to remedy these issues through the rezoning of these properties to the original multi-family residential zoning designation. On January 14, 2020, Staff brought the matter to the Planning and Zoning Commission in order to receive direction regarding the correction of this issue and received direction to initiate a corrective rezoning. PROPOSAL PZ-2-20 is a corrective rezoning of 15 lots from RS-7 (Medium/High Density Single-Family Detached Residential) to RM-1 (High Density Multiple-Family Residential) . PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Medium Density Residential (MD) . " The rezoning area is less than four (4) acres total in size and thus does not require a major general plan amendment. Zoning/Site Context: The fifteen (15) privately owned multi-family residential properties are primarily surrounded by residential land on all sides, with the Roadhaven RV Park and an Apache Junction Water Utilities Facility to the north, across 16th Avenue . As the current RS-7 zoning designation only allows single-family ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report 3 residences and prohibits multi-family residences, the properties are non-compliant with zoning standards . This rezoning will largely correct that situation. Public Input: Public hearing notification letters were sent by Staff to all property owners within the affected area as well as property owners within a 300-foot radius, for a total of one hundred thirty-seven (137) letters . Staff has received one comment from a property owner south of the subject site who expressed concern that the re-zoning would allow the development of high-rise apartments on these properties, which the caller considered uncharacteristic of the area. FINDINGS OF FACT Prior to 2014, the zoning designation for the fifteen (15) lots in question was CR-5 (Multiple Family Residence) , which authorized the multi-family residences . However, when the city adopted a new zoning ordinance and zoning district maps in 2014, the subject properties were incorrectly given the new zoning designation of RS-7 (Medium/High Density Single- Family Detached Residential) which is an incompatible zoning designation due to its single-family residence requirements . Both the current and historic land use of this property is multi-family residential, and the application of the current RS-7 Single Family Residential zoning designation was an oversight of the 2014 city-wide zoning changes . PLANNING DIVISION RECOMMENDATION Planning Staff recommends the approval of the proposed corrective rezoning for the purpose of correcting a zoning district containing regulations conflicting with both the present and historic land use of the affected properties . Planning Staff offers the following Recommended Motion, should the Commission wish to forward a recommendation of approval or denial to the City Council . RECOMMENDED MOTION FOR PLANNED DEVELOPMENT REZONING ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report 4 I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of the rezoning case PZ-2-20, a city-initiated request to rezone lots 1-8 and lots 17-23 of the Superstition Villa Subdivision from RS-7 (Medium/High Density Single-Family Detached Residential) to RM-1 (High Density Multiple-Family Residential . 7 W_ Z&WJ Prepared by Nicholas Leftwich Planning Intern Attachments : Exhibit #1 - PZ-2-20 Aerial Exhibit Exhibit #2 - PZ-2-20 Vicinity Exhibit Exhibit #3 - PZ-2-20 Existing Zoning Map ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report 5 . � �,7. / a l ����1 .,4�It� 'f/f � •7 - — _ A I 01 r 71 'Y _ � f. - J Ie C Z M ��a�. �J 4, rA. Lq *A� f�Vi7- H�-� 1 17 ,1: DISCLAIMER:Thu exhibit'was produced without benefit Q13: of Apache Junction ofa feh s�rysyanda not intended torepriisenta survey document of any Idnd. Distances Shawn hereon are approximate.Pa rce l l ines show n he reon are ap proximate eriaExhibit and may not retect the exact position or alignment of in�* 16th Ave and San Marcos Rezong parcel lines, roadway center lines.or easement lines. ^"° T^ LEGEND mawaY O Subject Site Parcel y taI 0 y 3 January 08. 2020 " o toy 203 mo i Peet ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report • City-initiated rezoning request to and lots Superstitionof the •• • PAO 110 110 110 Nod FF1 I Subject Sites N Pe et k Date 12T2020 1:37 0 N_ 7 C GJ �stnA�e c` ° i i�i�i�i►i%%i%%% ;ii�i i��i i�i'i�i�i�i' i�i�ii �i�i�i�i i�i�yi�i�ii��i�i ii�i�i'i�i�i��i�i�i'►s�i�� i'Oi�i�i►i'Oi�i�i'�O��i'Oi��Oi'��►�i�i'��►�i�i'Oi �i�'Oi��i�'��i'�O�►�i'��i•►�'Oi►�'O�i�i�i�i�►�i'Oi � �i�i'i�i►i'ii i�i'i�i %%% i�i�i�i�i�i'i�i�i i�i �ii�i�i iiyi•�i�i ii♦i�i i i♦ii,%%pi�iii i%ii� c o` a C 4 C 17th Ave G 9 6 •� 18th Ave Initiated Rezoning of • i and lots• • Superstition Case ' 7 - +MM9��♦♦♦♦♦1♦ ♦fir♦♦♦!♦ ©p ►��il ►♦N ♦� � P, 0 ►i♦ii DISCLAIMER:This exhibitwas produced withoutbenefit City of Apache Junction ofa feldsurveyand isnot intended to representa survey document of any land. Distanoes shown hereon are 1_-D—th— .dExhibitapproximate.Pa roe lines shown he are a p 011lll� nd pvroento and may not reflect 6e exact position or alignment of e'r 16th Ave and San Marcos Rezoning parcel lines. mailway center Iines,or easement lines. � T^ LEGEND war - 0 Subject Site Parcel s �I 0 y . RM-1 RVP�PD RM-2 U PI N _ 0>sei5 a RS-7M N it 8 h .... RS-71PID l January 08. 2020 15 0 100 ^�' 400 Peet ""City Initiated Rezoning of lots 1-8 and lots 17-23 of the Superstition Villa Subdivision" Case PZ-2-20 February 25,2020 Planning and Zoning Commission Staff Report City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 13. Piz File ID: 20-111 Sponsor: Jennifer Pena Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Consideration of application for a bingo license for Sunrise RV Resort, 1403 W. Broadway Ave., Apache Junction, Arizona. Representatives of Sunrise RV Resort are requesting council's approval of the application so they can hold bingo games within the park for the benefit of its residents. City Council recommendations will be forwarded to the Arizona Department of Revenue for their final action. City of Apache Junction,Arizona Page 1 Printed on 611512026 Ap pCHF✓U a 2� �1 "4RIZ0 March 17, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: APPLICATION FOR A BINGO LICENSE BY GAYLA POCIASK OF LEISURE HOME SALES An application for a bingo license has been submitted by GAYLA POCIASK for the Sun Rise RV Resort located at 1403 W. Broadway Ave, Apache Junction, AZ. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Planning & Zoning department, Building & Safety division, the Apache Junction Police Department, and the Superstition Fire & Medical District. These entities find compliance with the inspection requirements. 1. The City Council will hold a public hearing on the matter. The applicant was notified by mail of the meeting and requested to attend to address any questions the council may have. 2. The City Council will then make a recommendation of approval or denial to the Arizona Department of Revenue regarding the application. Application for Bingo License • Type or print in black ink and complete all information requested on this form. If you do not, your application will be returned. All information is subject to verification. If you need more space,attach additional sheets. • All bingo licenses expire one year from the date of issue. To continue conducting bingo games,you must renew your license prior to the expiration date. 1 App'cant's Name Sa I S Falsification of information I S e 4" I contained in this 2a Mailing Address ' , f application W 3 e 130 oa- (,L� constitutes a Class 6 felony. 2b Ci - S to ZIP Code REVENUE USE ONLY.DO NOT MARK IN THIS AREA.3a Admidistrative Office Location 3b Cihm,h,e- Sta ZIP Code A--Z- M DD 4a Na f Co act Person 4b Telepho No. 4c E-mail Add ess 4c Fax No. 81 PM 8l) RCVD 5 Class B and Class C license applicants only: If applying as a qualified organization, check one box to indicate the type of organization: ❑ Charitable ❑ Social ❑ Religious ❑ Veterans ❑ Fraternal ❑Volunteer Fire Department ❑ Homeowners Association ❑ Nonprofit Ambulance Service 6 Class B and Class C license applicants only applying as a qualified organization,provide parent or auxiliary information: 6a Parent Name 6b Auxiliary Name Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. City State ZIP Code City State ZIP Code 7 Class B and Class C license applicants only applying as a qualified organization,provide the date the organization was established in Arizona: 1 . I . I , , , I 8 Class B and Class C license applicants only applying as a qualified organization,list the current officers of the organization: 8a Name 8b Name Title Title Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. rN3 O `= City State ZIP Code City State ZIP Code `D Y'rl 8c Name 8d Name c7 an Cn T � m < Title Title L. = Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. y fl1 C7 City State ZIP Code City State ZIP Code Continued on page 2-� REVENUE USE ONLY.DO NOT MARK IN THIS AREA. ❑Approved ❑Disapproved ❑Class A License ❑Class B License ❑Class C License Reviewer's Name(please print) Date License Number Effective Date Expiration Date ADOR 10334(1/14) Previous 71-1010(4/06) Applic n Name(as shown on page 1) ( S e S APPLICATION FOR BINGO LICENSE 9 Class B and Class C license applicants only: Bingo ghppking account information: Checking Account Number Bank Name Bank Branch 10 Class B and Class C license applicants only: Bingo interest-bearing account information: Account Number Bank Name Bank Branch 11 Class B and Class C license applicants only: List all officers and/or supervisors authorized to sign checks from the accounts listed above. If applying as a qualified organization,all supervisors must be members of the applicant: 11a Name 11b Name Title Title Address-Number and Street,Rural Rt.,Apt.No. Address-Number and Street,Rural Rt.,Apt.No. City State ZIP Code City State ZIP Code 12 List the name(s)of the one or two persons who will serve as managers. If applying as a qualified organization,these persons must be members of the applicant. Each person must submit an affidavit. 12a Name 12b Name ai,4,7 L t<� . ha 2A -k o -(: Titl Title av�a i2 Address-Numb and Street,,gural Rt.,Apt.No. Address-Number and Street,Rural Rt.,Apt.No. (q o ' r-541- WA ' 4ve- ity, State ZIP Code City State ZIP Code 11-9-1 13 List the name of the one person designated as proceeds coordinator. If applying as a qualified organization,this person must be an officer or director r�a member of the applicant. Each person must submit an affidavit. Name-,-, Address-Number and Streets ural R.,Apt.No. S / Title r Ci State ZIP Code �OCPe D s CDU;Zpk(� -� a ,Z- 04451c& tic Z Sa( O 14 List the name(s)of the person(s)who will serve as supervisor. If applying as a qualified organization,each person must be a member of the applicant. Each person must submit an affidavit. 14a Nore 14b Name D �ol�nsf�'11 Title Title Address-Nu ber a d Str et,Rural Rt.,Apt.No, Address-Number and Street,Rural Rt.,Apt.No. 0 wes� 2.da1 u �✓� City State ZIP CQbe City State ZIP Code 14c Narije 14d Name Title Title Address-Number and Street,Rural Rt.,Apt.No. Address-Number and Street,Rural Rt.,Apt.No. City State ZIP Code City State ZIP Code ADOR 10334(1/14) Arizona Form 833 Page 2 of 5 Previous 71-1010(4/06) Applicant's N me(as shown on page 1) /�S �� [-t �.e ( APPLICATION FOR BINGO LICENSE 15 List the name(s)of the person(s)who will serve as assistants. If applying as a qualified organization, each person must be a member or new member of the applicant. Except for"Class A"licensees, each person must submit an affidavit. 15a Name 15b Name 15c Name 15d Name 15e Name 15f Name 15g Name 15h Name 16 Stre t address of the physical location where bingo will be played: ��� D L -2 C47 rT J 17 Indicate the time on each respective day that bingo will be played: SUN MON TUE WED THUR FRI SAT ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. Q❑ .m. .m. ❑ .m. .171n.m. .❑ .m. L .❑ .m. TI .m. 18 List dates of proposed game cancellation if any: 19 Indicate the type of premises where bingo will be played. Check one box: a �I Neither rent nor mortgage will be paid from bingo funds. b ❑ Rented or leased. Attach rental affidavit and copy of rental agreement. Landlord's Name Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code c ❑ Owned solely by the organization. Attach g=of mortgage, deed of trust,purchase agreement, escrow agreement, or other related document Holder of Mortgage Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code d ❑ Owned jointly with other organization. Attach copy of mortgage, deed of trust,purchase agreement, escrow agreement, or other related document 1) Holder of Mortgage Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code 2) Co-Owner Holder: Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code 3) Co-Owner Holder: Address—Number and Street,Rural Rt.,Apt.No. Telephone Number(with area code) City State ZIP Code Continued on page 4 4 ADOR 10334(1/14) Arizona Form 833 Page 3 of 5 Previous 71-1010(4/06) Applicant's Name(as shown on pa - U (S u�.e 7Z-YkLe- -C�l, -e APPLICATION FOR BINGO LICENSE 20 List bingo licensees who are or will be conducting bingo in the same premises as you and those licensees located within 1,000 feet of your premises: 20a Na a 20b N e u ri f12 (Sir 1L-P-SO It4- 0 4e,5 0 41 Address—Number and Street,Rural Rt.,Apt.No. Address—Number and Street,Rural Rt.,Apt.No. I ub (,(�� va�2cv �✓� Gl �C lc�es-I- r-3r�02�` � City r State ZP Code City State ZIP dode t 1C -ti 2 �5� GG1-e ��,(.vl d7L Z 9st 21 Expected bingo expenses: / a Mortgage: per month Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code b Rent: $ per❑ month ❑ hour ❑ occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code c Janitorial Services: per❑ month ❑ hour ❑ occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code d Accounting Services: 61' per❑ month ❑ hour ❑ occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code e Security Services: per❑ month ❑ hour ❑ occasion Payable to Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code 00 f Bingo Supplies: 0n per 2 P able to Address—Number and St t,Rural Rt.,Apt. -�u s I�;n S I -5 Op o 9. Kveseta Telephopne number(with area c e) City `,Z tateGS0 CgdD hvet/1 r A o Line 21 continues on page 5 4 ADOR 10334(1/14) Arizona Form 833 Page 4 of 5 Previous 71-1010(4/06) Applicant' Name(as shown on page 1) 9 I sU," 4A�gm.0, Sa,1,0 APPLICATION FOR BINGO LICENSE 21 Expected Bingo Expenses, continued... 80 g Maximum prize payout per occasion: $ 0 Attach game schedule that lists individual prize amounts. Paid to / Address—Number and Street,Rural Rt.,Apt.No. Telephone number(with area code) City State ZIP Code h Utility Expenses: Electric(payable to) Address—Number and Street,Rural Rt.,Apt.No. Account Number Monthly Amou t City State ZIP Code Gas(payable to) Address—Number and Street,Rural Rt.,Apt.No. Account Number Monthly Amount City State ZIP Code Water(payable to) Address—Number and Street,Rural Rt.,Apt.No. Account Number Monthly Amount City State ZIP Code Trash Removal(payable to) Address—Number and Street,Rural Rt.,Apt.No. Account Number FMon—thlyAr-mount City State ZIP Code $ iV 22 Briefly state the specific projected use of net proceeds from games of bingo: WO11Y1�0a.00& CvJloa twcae-4de of ��,IprwoTf— I, C-e Ire-S C ,under penalty of perjury and upon oath,declare that I am duly authorized to sign and file this 4pplication. I hereby swear or confirm that I have read the foregoing application and know the contents thereof and that all information vided has been fully,accurately,and truthfully completed to the best of my knowledge. ^ a'Ialy/XJ APP CANT'S SIG URE DATE TITLE Please mail to: Arizona Department of Revenue, PO Box 29019, Phoenix,AZ 85038-9019 $(602)716-7801 ADOR 10334(1/14) Arizona Form 833 Page 5 of 5 Previous 71-1010(4/06) ' Affidavit Bingo This aff clavh must be completed by each person who wishes to assist in the mrxiuct of any game of bingo. If any information Is blank or Incorrect,the affidavit will be returned to you. All Information Is subject to verlrtcatlon. Disclosure of your Social Security Number(SSN)Is voluntary. This information may be used to establish positive Identification for purposes of criminal background checks pursuant to Arizona Revised Statutes 9 S404. Lice�ew's Name Ucense Number I7t S a4u vi.2. 11 Position(check the appropriate boxes): I Mane-ger ❑supervisor Proceed Coordinator ❑Assistant .BPYENUE USE ONLY.Do NOT MARK IN THIS AAFA 8 Afllanrs Name D ��� Social�ritvLNUM De `i•,e f/'940Address 5 3 5 C 5817 hrW 111 AVE P D /Db-13' City G State ZIP Code PM I RCw Home Phone No.(with area code) Work Phone No.(with area code) 3 D- 22f7- 17q 3b -F e - "-S�G� ?��bl t If licensee is a qualified organization,complete the following section: ' Member? Date Joined Organization Yes Q No I I ! Officers? Officer Title El Yes ❑No Do you have an affidavit on file for any other licensee? Yes ❑No If"Yes" list license numbers: l 1 r V O% may)I,- ,the above-named affian%under penalty of perjury,upon oath,depose Friar and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. 1 am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. 1 have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my I i knowledge. Signature of Afflant ��z5 -2 0 Date Please mail to: Arizona Department of Revenue,PO Box 29019,Phoenix,AZ 85088-9019 12(602)716-7801 ADOR 10327(1/14) Previous 71.1003(4105) ' Affidavit Bingo This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo. If any information is blank or incorrect,the affidavit will be returned to you. All information Is subject to verification. Disclosure of your Social Security Number(SSN)is voluntary. This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes§5-404. Licensee's Name License Number 1- �s v ' \C> Position check the appropriate boxes): ❑ Manager ®Supervisor ❑Proceed Coordinator ❑Assistant REVENUE USE ONLY.DO NOT MARK IN THIS AREA. I38 Affiant's Name �� RC3}S� J *� ,�� Social Securi Number Date of Birth City State ZIP Code [� C- C J U C; S � R.a`� 1 U 81 PM 80 RCVD Home Phone No.(with area code) Work Phone No.(with area code) If licensee is a qualified organization, complete the following section: Member? Date Joined Organization ❑Yes ❑ No Officers? Officer Title ❑Yes ❑ No Do you have an affidavit on file for any other licensee? ❑Yes ❑ No If"Yes",list license numbers : the above-named affiant,under penalty of perjury, upon oath, depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. Signature of Affiant Date Please mail to: Arizona Department of Revenue, PO Box 29019, Phoenix,AZ 85038-9019 It(602)716-7801 ADOR 10327(1/14) Previous 71-1003(4/06) Affidavit Bingo This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo. If any information is blank or incorrect,the affidavit will be returned to you. All information is subject to verification. Disclosure of your Social Security Number(SSN)is voluntary. This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes y 5-404. Licensee's Name License Number c Position(check the appropriate boxes): ® Manager ❑Supervisor Proceed Coordinator Assistant R VENUE USE ONLY.DO NOT MARK IN THIS AREA. 88 Affiant's Name I Securt Number D of Birth _ City Sta(�te^� ZIP Code CA 6 ► i- Ns1"�'C. �D 81 PM 80 RCVD Home Phone No.(with area code) Work Phone No.(with area code) 30 _ WA 1`licensee is a qualified organization, complete the following section: Member? Date Joined Organization ❑Yes ❑ No Officers? Officer Title ❑Yes ❑ No Do you have an affidavit on file for any other licensee? ❑Yes ❑ No If"Yes",list license numbers : I,E{4R L R• �GI \ ,Z•4'(�4 , the above-named affiant,under penalty of perjury, upon oath, depose F and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority. I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law. I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. IL Signature of R_ 2�d� 022LO512,o Date Please mail to: Arizona Department of Revenue,PO Box 29019, Phoenix,AZ 85038-9019 22(602)716-7801 ADOR 10327(1/14) Previous 71-1003(4/06) Endorsement by Local Governing Body Bingo FOR OFFICIAL USE ONLY PURSUANT TO A.R.S. §5-404.A • License Applicants: Complete lines 2, 3, and 4. Submit with entire license package to local governing body. • Local Governing Body: Complete and return with license package to the Department of Revenue Bingo Section. Date❑ New Application ❑ Change of Location License Number From(Name of local governing body) REVENUE USE ONLY.DO NOT MARK IN THIS AREA. Address(number and street,PO Box) 88 City State ZIP Code Phone No.(with area code) g� PM 80 RCVD 1 This is to certify that on I I I I a hearing was conducted pursuant to Arizona Revised Statute, Title 5, Chapter 4, in the matter of: ❑Application for a bingo license by the following applicant. ❑Application for a bingo license location transfer. 2 A 171 ant's Name -e Ca�-S 3 Location/Address where ga es will bq conducte Ci State ZIP Code I D 3 I�i1�S-}- 4 Oct ALA) Le Il`1--�G �u-0 AZ- 9SI, 4 Fill in the time on the days games will be played: SUN MON TUE WED THUR FRI SAT ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑a.m. ❑p.m. L__�gam. ❑p.m. , ❑p.m. , ❑p.m. , ❑p.m. ❑p.m. 5 Background investigations: ❑ have ❑ have not been conducted on all individuals listed in the Bingo License Application. 6 Recommendation for the application: ❑Approved ❑ Disapproved 7 Specific reasons for disapproval are hereby listed pursuant to A.R.S. § 5-404.1: This endorsement must be signed by a delegated authority of the local governing body. PRINTED NAME SIGNATURE DATE TITLE Please mail to: Arizona Department of Revenue, PO Box 29019, Phoenix,AZ 85038-9019 ADOR 10326(1/14) It(602)716-7801 Previous 71-1002(4/06) Jillian Bright From: Dave Zellner Sent: Monday, March 2, 2020 4:54 PM To: Jennifer Pena; Rudy Esquivias; Thomas Parker; 'Tina Gerola'; Rick Henry Cc: Jillian Bright Subject: RE: Application now attached Bingo License Application - Sun Rise RV Park The Building Division has no issues with the license being issued for this existing community hall. Thank you, J. Davis "Dave" Zellner, C80 Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellner&aj city.net Office Hours Monday—Thursday, 7:00 am—6:00 pm,Closed on Fridays From: Jennifer Pena Sent: Wednesday, February 26, 2020 6:59 PM To: Rudy Esquivias; Dave Zellner; Thomas Parker; 'Tina Gerola'; Rick Henry Cc: Jillian Bright Subject: Application now attached Bingo License Application - Sun Rise RV Park From:Jennifer Pena Sent: Wednesday, February 26, 2020 6:58 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Thomas Parker <tparker@ajcity.net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs' <rick.ochs@sfmd.az.gov> Cc:Jillian Bright<jbright@AJCity.Net> Subject: Bingo License Application -Sun Rise RV Park The city clerk's office has received an application for a bingo license for Sun Rise RV Park, located at 1403 W. Broadway Avenue. Please conduct your inspections and submit your department recommendations to me by Thursday, March 5th in order for this item to be on the March 17t" city council agenda. Thank you -J i Jennifer t eAw, CMC City Clerk City of Apache Junction 300 E.Superstition Blvd. Apache Junction AZ 85119 Ph:480-982-8002 Fx:480-983-7018 City Hall Hours of Operation 7:00 AM-6:00 PM, M-Th, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Monday, March 2, 2020 3:58 PM To: Jennifer Pena; Rudy Esquivias; Dave Zellner; Thomas Parker; Rick Henry Cc: Jillian Bright; Rick Ochs Subject: RE: Application now attached Bingo License Application - Sun Rise RV Park Good afternoon. SFMD recommends the approval of the Bingo License application at 1403 W. Broadway. Thank you. Tina Gerola I Fire Inspector Community Risk Reduction Specialist i 11 i-OW L i t J Superstition Fire &Medical District 1 1 \ Office 1 (480) 982-4440 ext. 104 \� Mobile 1 (480) 416-9775 NEW MOBILE NUMBER L OffirP Hnnrc 11VMnnrlav-Thnradav frnm lam-Finm Connect with us! 0 0 fmile) 4)G 12) From:Jennifer Pena <jpena@AJCity.Net> Sent: Wednesday, February 26, 2020 6:59 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Thomas Parker<tparker@ajcity.net>; Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Henry<RHenry@ajcity.net> Cc:Jillian Bright<jbright@AJCity.Net> Subject:Application now attached Bingo License Application -Sun Rise RV Park From:Jennifer Pena Sent: Wednesday, February 26, 2020 6:58 PM To: Rudy Esquivias<resquivias@aicity.net>; Dave Zellner<dzellner@AJCity.Net>;Thomas Parker <tparker@aicity.net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs'<rick.ochs@sfmd.az.gov> Cc:Jillian Bright<ibright@AJCity.Net> Subject: Bingo License Application -Sun Rise RV Park The city clerk's office has received an application for a bingo license for Sun Rise RV Park, located at 1403 W. Broadway Avenue. Please conduct your inspections and submit your department recommendations to me by Thursday, March 5th in order for this item to be on the March 17t" city council agenda. i Thank you -J Jeer t efc+, CMC City Clerk City of Apache Junction 300 E.Superstition Blvd. Apache Junction AZ 85119 Ph:480-982-8002 Fx:480-983-7018 City Hall Hours of Operation 7:00 AM-6:00 PM, M-Th, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. The Superstition Fire and Medical District formerly the Apache Junction Fire District has changed email addresses. The email address format is now firstname.lastname@sfmd.az.gov please make this change in your address book. 2 Jillian Bright From: Rudy Esquivias Sent: Thursday, March 5, 2020 6:09 PM To: Jennifer Pena; Dave Zellner; Thomas Parker; 'Tina Gerola'; 'Rick Ochs' Cc: Jillian Bright; Sidney Urias; Kelsey Schattnik; Nicholas Leftwich; Larry Kirch Subject: RE: Bingo License Application - Sun Rise RV Park Jennifer: The planning division has no objections to the bingo license application for Sunrise RV Park, for the enjoyment of the park residents and their invited guests. Any signs announcing bingo nights should be internal to the park and not placed in the city right-of-way or for the purposes of general advertising. Thanks. C&ua jEquivicLs Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Jennifer Pena Sent: Wednesday, February 26, 2020 6:58 PM To: Rudy Esquivias; Dave Zellner; Thomas Parker; 'Tina Gerola'; 'Rick Ochs' Cc: Jillian Bright Subject: Bingo License Application - Sun Rise RV Park The city clerk's office has received an application for a bingo license for Sun Rise RV Park, located at 1403 W. Broadway Avenue. Please conduct your inspections and submit your department recommendations to me by Thursday, March 5th in order for this item to be on the March 17th city council agenda. Thank you -J jon+t�e r PPA c, CMC City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction AZ 85119 Ph: 480-982-8002 Fx: 480-983-7018 II 1 City Hall Hours of Operation 7:00 AM-6:00 PM, M-Th, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Thomas Parker Sent: Monday, March 16, 2020 10:06 AM To: Jillian Bright Subject: RE: Application now attached Bingo License Application - Sun Rise RV Park We have no objections. Thank you. Thomas E. Parker, MSSM Police Lieutenant Apache Junction Police Department Physical: 1001 N.Idaho Rd. Mailing: 300 E. Superstition Blvd. Apache Junction,AZ 85119 Phone Direct#480-474-5420 Fax#(480)474-5480 Main Phone#480-982-8260 tparker(aa_)ai city.net 0 10 CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,use, disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply e- mail and destroy all copies of the original message.Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council.Members of the Council and other public bodies may reply to this message,but should not copy other members of the public body. Please consider the environment before printing this email. From:Jillian Bright Sent: Monday, March 16, 2020 9:33 AM To:Thomas Parker<tparker@ajcity.net> Subject: Re: Application now attached Bingo License Application -Sun Rise RV Park Good Morning, Just checking in on this bingo license recommendation from the PD? It is going to council tomorrow night. 1 Jill On Mar 4, 2020, at 5:10 PM,Jillian Bright<ibright@aicity.net>wrote: Good Evening, Just a reminder that I will need your department recommendations by tomorrow. Thank You, Jill Bright <innage001 Jpg> From:Jennifer Pena <ipena@AJCity.Net> Sent: Wednesday, February 26, 2020 6:59 PM To: Rudy Esquivias<resquivias@aicity.net>; Dave Zellner<dzellner@AJCity.Net>;Thomas Parker <tparker@aicity.net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Henry<RHenry@aicity.net> Cc:Jillian Bright<ibright@AJCity.Net> Subject:Application now attached Bingo License Application -Sun Rise RV Park The city clerk's office has received an application for a bingo license for Sun Rise RV Park, located at 1403 W. Broadway Avenue. Please conduct your inspections and submit your department recommendations to me by Thursday, March 5th in order for this item to be on the March 17th city council agenda. Thank you -J Jev►ra f 4-Pmw, CMC City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction AZ 85119 Ph: 480-982-8002 Fx: 480-983-7018 <innage001 Jpg> City Hall Hours of Operation 7:00 AM-6:00 PM, M-Th, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 <Leisure Home Sales - Redacted Application.pdf> 3 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 14. '+PizoN* File ID: 20-139 Sponsor: Nicholas Leftwich, Rudy Esquivias and Larry Kir Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Public hearing and request for continuance of proposed case PZ-1-20, Old West Highway Village. Applicant is requesting additional time to supplement their current application with additional details, plans and information. City of Apache Junction,Arizona Page 1 Printed on 611512026 O� pPACHE n� 100 z City of Apache Junction Development Services Department '9RIZONP DATE: March 10, 2020 MEMO TO: Mayor and Apache Junction City Council Members; Planning and Zoning Commission THROUGH: Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager FROM: Nicholas Leftwich, Planning Intern SUBJECT: Continuance of PZ-1-20 to a later date . Following a former request for continuance, a further 30-day referral to a later date is requested so that the applicant can provide additional details, plans, and information to the proposal of the project before presenting to Council and the Planning and Zoning Commission. Staff respectfully requests that the public hearings be continued to: Planning and Zoning Commission meeting of April 14, 2020; City Council Meeting of May 5, 2020 . W- xe e4 -4 Prepared by Nicholas Leftwich Planning Intern Planning&Zoning-Building &Safety-Revenue Development 300 E.Superstition Boulevard •Apache Junction,AZ 85119 • Ph:(480)474-5083 •Fax(480)982-7010 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 15. Piz File ID: 20-126 Sponsor: Bryant Powell Agenda Date: 3/17/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, April 6, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, April 7, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026