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2020 09.15 City Council Regular Agenda
City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,September 15,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-445 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-446 Consideration of approval of minutes of the regular meeting of September 1, 2020. Sponsors: Jennifer Pena Attachments: Minutes 3. 20-459 Consideration of approval for the award of contract to Franklin Striping for the re-striping of select city streets. The work would be through Maricopa County Cooperative Contract No.14097-S in the amount of $130,570.50, plus a 10% contingency for unforeseen change orders in the amount of$13,057.05, for a total project cost not to exceed $143,627.55. Work will result in refreshed street striping for retro-reflectivity standards and safety and work is planned for late September, or early October, 2020. Sponsors: Shane Kiesow Attachments: City Council Memo-HFS20-20 Franklin Agreement RS Sept2021 HFS20-20 Franklin Agreement City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Meeting Agenda September 15,2020 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. 4. 20-449 Presentation of 25-year Service Award to Keith Gabriel of the Police Department. Sponsors: Thomas Kelly and Bryant Powell 5. 20-412 Proclamation designating the week of September 20, 2020 through September 26, 2020 as "Child Passenger Safety Week". Sponsors: Thomas Kelly Attachments: Proc Child Passenger Safety Week 2020 6. 20-469 Presentation of thank you letter to Glenn Perkins Educational Foundation acknowledging the generous donation of$20,000.00 to the Apache Junction Public Library. Sponsors: Pamela Harrison Attachments: Glenn Perkins Educational Foundation letter 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. 7. 20-447 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. 8. 20-429 City Manager's Report. Sponsors. Bryant Powell H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 City Council Meeting Agenda September 15,2020 9. 20-378 Consideration of application for a series 012 (restaurant) liquor license application for Dino's Deli located at 300 W. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo Application Building recommendation Fire recommendation PD recommendation Planning recommendation 10. 20-420 Consideration of application for a series 012 (restaurant) liquor license application for Momo Bowl located at 725 W. Apache Trail #27. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors: Jennifer Pena Attachments: Memo Application Building recommendation Fire recommendation PD recommendation Planning recommendation I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 11. 20-423 Presentation update on the Apache Junction Small Business and Non-Profit Organization Assistance Grant. Sponsors: Janine Solley Attachments: Resolution No 23-23 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. City of Apache Junction,Arizona Page 3 Printed on 6/16/2026 City Council Meeting Agenda September 15,2020 12. 20-428 Discussion and update on Friends of Apache Junction, Community Development Corporation (CDC)and Corporate Sponsorship. Sponsors: Fox Young Attachments: September 2020 Program and services presentation 13. 20-442 Presentation, discussion and consideration of approval for Resolution No. 20-32 for authorization to enter into an Intergovernmental Agreement for mutual aid with the Arizona Water and Wastewater Agency Response Network. Sponsors: Matt Busby Attachments: AJ Resolution No. 20-32 AzWARN Mutual Aid Agreement AzWARN Management Report AzWARN Mutual Aid Agreement AzWARN Resolution 20-03 14. 20-456 Presentation, discussion and consideration of proposed Resolution No. 20-31, approving a final plat minor amendment for Roadhaven Subdivision, Phases 1 and 2, renaming certain interior private streets and implementing a new internal addressing system. Sponsors: Kelsey Schattnik and Rudy Esquivias Attachments: 9.15.2020 CC Roadhaven Minor Plat Amendment Roadhaven Old and New Street Names Roadhaven 36x36 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. 20-448 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, October 5 and Tuesday October 6, 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. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 4 Printed on 6/16/2026 City Council Meeting Agenda September 15,2020 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 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. PizoNr File ID: 20-445 Sponsor: Jennifer Pena Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. PizoNr File ID: 20-446 Sponsor: Jennifer Pena Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of September 1, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: 01 City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd '+Q120N* CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday, September 1,2020 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Serdy called the council meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Barker led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Kelsey Schattnik, Development Services Planner Heather Hodgman, Public Works Management Analyst Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Councilmember Barker moved,seconded by Vice Mayor Wilson to accept the consent agenda,to approve the minutes of August 18,2020 and to approve award of contract to Cactus Asphalt for the crack seal of select city streets. 1. 20-415 Consideration of acceptance of agenda. 2. 20-416 Consideration of approval of minutes of the regular meeting of August 18, 2020. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes September 1,2020 3. 20-422 Consideration of approval of award of contract to Cactus Asphalt for the crack seal of select city streets. The work would be through Pinal County cooperative job order contract No. 175923 in the amount of$136,303.97, plus a 10% contingency for unforeseen change orders and in the amount of $13,630.00, for a total project cost not to exceed $149,933.97. Work will result in a preserved street surface for the streets as presented and discussed for the FY20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session, work is planned for Fall, 2020. 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 4. 20-407 Presentation of thank you letter to Glenn Perkins Educational Foundation acknowledging the generous donation of$20,000.00 to the Apache Junction Public Library. Library Director Pamela Harrison was unable to make the meeting so this item could not be presented and will be moved to the September 15, 2020 council meeting. 5. 20-421 Presentation of proclamation designating September 17th -23rd as Constitution Week. Karen Barks of the Daughters of the American Revolution will be present to accept the proclamation. Mayor Serdy proclaimed September 17th -23rd as Constitution Week and presented the proclamation to Karen Barks from the Daughters of the American Revolution. F. ANNOUNCEMENT OF CURRENT EVENTS 6. 20-417 Announcement of current events from mayor and councilmembers. Councilmember Struble thanked all of the first responders for protecting us from the fires. He reminded the community that there are non profits in the community that help with food and showers with no questions asked. Councilmember Evans stated that the Community Development Corporation is working on the Make a Difference Day in October and has two project lined up. Due to COVID it will not be as large as an event as last year. Vice Mayor Wilson has nothing. Councilmember Barker has nothing. Councilmember Schroeder has nothing. Councilmember Rizzi has nothing. Mayor Serdy expressed how rough this summer has been and thanked the fire fighters for fighting the fires. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes September 1,2020 G. CITY MANAGER'S REPORT 7. 20-419 City Manager's Report. City Manager Bryant Powell shared that our Police Department often receives letters of gratitude for our Police Officers and they are very grateful for them. Mr. Powell reminded the community that the city is accepting applications online for board and commissions until September 15th and then interviews and appointments will be done during October council work sessions and meetings. Mr. Powell reminded council that census counting is still occurring until October 30th and it is important to be counted. Census workers will begin going door to door for those who still need to be counted. 8. 20-424 Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract. Stephen Herring of Republic Services stated that this quarter, 121 tons were dumped in the landfill during free dump week and that there are currently 1,205 residents signed up for recycling services, which is about 11% of residents. Councilmember Rizzi asked how bulk trash pick up is going. Mr. Herring replied that is going great and definitely being utilized by residents. H. PUBLIC HEARINGS 9. 20-426 Presentation, discussion, public hearing and consideration of Ordinance No. 1495, case PZ-7-20, a proposed city initiated corrective rezoning of 151 and 183 N. Palo Verde Dr., located near the northeast corner of Palo Verde Dr. and Apache Trail, from Medium Density Single-Family Detached Residential (RS-10M)to High Density Multiple-Family Residential (RM-2)to allow the usage of multi-family housing as intended by the original zoning designation. Vice Mayor Wilson moved,seconded by Councilmember Barker that Ordinance No. 1495 be read by title only and the reading of the entire ordinance be waived. City Clerk Jennifer Pena read Ordinance No. 1495 by title only. Vice Mayor Wilson moved,seconded by Councilmember Rizzi that Ordinance No. 1495,as read by the city clerk, be approved and adopted. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Planner Kelsey Schattnik explained that this rezoning is city initiated and the request is to correct the zoning to RM-2. Staff received no public comments regarding this request to rezone. Mayor Serdy opened the public hearing. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes September 1,2020 There were no public comments. Mayor Serdy closed the public hearing. 10. 20-427 Presentation, discussion, public hearing and consideration of Ordinance No. 1494, case PZ-5-20, a proposed city initiated corrective rezoning of 210 N. Ironwood Dr., located near the northwest corner of Ironwood Dr. and Apache Trail, from a split zoning of Recreational Vehicle Park(RVP)and General Commercial (B-1)to General Commercial (B-1)to allow the entire property to be developed under commercial standards as intended by the original zoning designation. Councilmember Barker moved,seconded by Councilmember Rizzi that Ordinance No. 1494 be read by title only and the reading of the entire ordinance be waived. City Clerk Jennifer Pena read Ordinance No. 1494 by title only. Councilmember Barker moved,seconded by Vice Mayor Wilson that Ordinance No. 1494,as read by the city clerk, be approved and adopted. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Planner Kelsey Schattnik explained that this rezoning is city initiated and the request is to correct the zoning to B-1. Staff received no public comments regarding this request to rezone. Mayor Serdy opened the public hearing. There were no public comments. Mayor Serdy closed the public hearing. 11. 20-374 Consideration of application for a series 009 (liquor store) liquor license application for Circle K Store#1556 located at 2360 W. Broadway Avenue. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Barker moved,seconded by Vice Mayor Wilson that the application for a location &owner transfer,Series 9(liquor store) liquor license for Circle K Store#1556,submitted by Kim Kwiatkowski, be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that this is a series 9 liquor license application for Circle K and that city departments have completed their inspections and recommend approval. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes September 1,2020 Mayor Serdy opened the public hearing. There were no public comments. Mayor Serdy closed the public hearing. 12. 20-373 Consideration of application for a series 010 (beer and wine store) liquor license application for Apache Marketplace located at 420 N. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Vice Mayor Wilson moved,seconded by Councilmember Barker that the application for an Interim Permit&New License,Series 10(beer and wine store) liquor license for Apache Marketplace,submitted by Andrea Lewkowitz, be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City Clerk Jennifer Pena explained that this is a series 10 liquor license application for Apache Marketplace and that city departments have completed their inspections and recommend approval. Mayor Serdy opened the public hearing. Resident Donna Carr asked if there is a limit on how many liquor licenses can be issued in Apache Junction. City Attorney Joel Stern stated that the Arizona Department of Liquor Licenses mandates liquor licenses in the city and that city council just makes a recommendation to the state department. Mayor Serdy closed the public hearing. I. OLD BUSINESS J. NEW BUSINESS 13. 20-401 Presentation, discussion and consideration of entering into an agreement with Advanced Chemical Transport, Inc. for the November 2020 and March 2021 household hazardous waste events in the amount of$80,000. Councilmember Barker moved,seconded by Councilmember Rizzi that the agreement with Advanced Chemical Transport Inc.,for the November 2020 and March 2021 household hazardous waste events in an amount not to exceed$80,000.00 be approved. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes September 1,2020 No: 0 Public Works Management Analyst Heather Hodgman explained that the city is planning two future household hazardous waste events for November 2020 and March 2021 at the Public Works yard. City staff is requesting the agreement with Advanced Chemical Transport, Inc. be approved in order to host these events. K. COUNCIL DIRECTION TO STAFF 14. 20-425 Discussion and possible direction to staff to conduct research and "full cost estimates"for a 50x80 flag along with the design, engineering, construction, lighting, and ongoing maintenance of the flag and pole. Councilmember Rizzi moved,seconded by Councilmember Barker that this project be appointed to Parks&Recreation for more research to be done with the group proposing this project and that city staff come back in one month with an update. Yes: 6- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 1 - Councilmember Evans Mayor Serdy explained the request by city residents to have a giant United States flag installed and flown at Flatiron Park. City Manager Bryant Powell explained that this is a research project and there are significant costs associated with it. He stated that council needs to provide direction on how much they want the city and staff involved in this project. Councilmember Evans stated that she has a ton of questions. She said that it sounds like a resident initiated project and does not believe that the city should be involved until the community raises the money and has more research done. Mayor Serdy stated that it does not cost the city money to have staff research it. Councilmember Rizzi stated that the group has already raised $4,500.00 and she loves the idea of this project. She would like to get more information before council shoots it down. Councilmember Barker did research online and found that the flag itself costs $3,000.00- $7,000.00 depending on the quality. She believes the group that proposed this idea should do the research and get all of their ducks in a row and then present a plan to the council. Councilmember Schroeder stated that city staff has not even researched or done work on his proposed dark sky ordinance so the group would have more success researching it themselves as he believes city staff only researches things that are their ideas. Vice Mayor Wilson likes the idea but believes the group should do a lot of the research and that city staff should do some as well. Mayor Serdy stated that the group would pay for the engineering and all costs related to the project but needs approval from the city first. Councilmember Evans asked how this flag that will need to be lit up effect the dark sky ordinance. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes September 1,2020 Councilmember Struble thinks it is a great project but thinks liability and future costs needs to be considered. He has always known flags like this to be done on private property. He believes the group proposing this should do the research first and then bring it back to council. Mayor Serdy believes this flag would increase tourism to Apache Junction. Councilmember Rizzi asked how busy the art commission is right now and if they could take this on. City Manager Powell replied that they are still working on funding and do not have a full agenda as of now. Councilmember Evans believes that this should start with the Parks & Recreation department as it will be in one of their parks. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 20-418 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, September 14, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, September 15, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Rizzi that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday,September 14,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday,September 15,2020 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. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 M. CALL TO PUBLIC Jeffrey Mitchell, 351 N. Meridian Road, explained that the flag project will just bring more problems to the city. He suggested other projects that would be more suitable for increasing tourism, such as a wall to honor veterans. He said that funds for this project are being raised illegally. Donna Carr, 2178 W. Virginia Street, in Apache Junction, stated that she was going to talk about the CARES Act funding but got her questions answered. She spoke about the cargo containers in the city. She is worried about wildlife being killed by the fires. She stated that Arizona Game and Fish is accepting donations to help the wildlife. Jeff Barlett, 108 N. Meridian Drive, brought up the need for public transportation in Apache Junction and that council should be discussing this. N. ADJOURNMENT Mayor Serdy adjourned the council meeting at 8:15 pm. City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes September 1,2020 ACCEPTED THIS DAY OF 12020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFFSERDY Mayor 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. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. 'PizoN►' File ID: 20-459 Sponsor: Shane Kiesow Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Consideration of approval for the award of contract to Franklin Striping for the re-striping of select city streets. The work would be through Maricopa County Cooperative Contract No.14097-S in the amount of$130,570.50, plus a 10% contingency for unforeseen change orders in the amount of$13,057.05, for a total project cost not to exceed $143,627.55. Work will result in refreshed street striping for retro-reflectivity standards and safety and work is planned for late September, or early October, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department U Z Home of the Superstition Mountains gHIZON Date: August 27, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project# HFS20-20 Award City staff respectfully requests city council consideration of award of contract to Franklin Striping for project HFS20-20 for the restriping of select city streets. This work is allocated in the current fiscal year HURF budget. The work involves refreshing of existing street lines and markings to keep them up to retro- reflectivity standards and safety. This work is planned annually; some streets needing restriping more often or less depending on traffic volumes and street maintenance activities. The work would be scheduled during the day-time hours only with limited impacts to traffic lanes and driveways of short duration. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITI OF APACHE JUNCTION STRE31T MAINTENANCE AGREEMENT PROJECT No. :HFS20-20 "Street Striping Fall 2020" THIS AGREEMENT rade and entered into by and between the CITY OF APACHE JUNCTION "City") , an Arizona municipal corporation, and FRANKLIN STR PING INC. , an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties", or individually as a "Party" . RECITALS A. Contractor Asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Maricopa County Cooperative Contract #14097-S and Contractor' s Estimate dated July 3 , 2020 attached hereto as Exhibit A (the "Contract Doc ments") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. Apache Juncti n City Code, Vol. I, Article 3-7 has been followed to thte extent it applies . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done nd performed in a good workmanlike manner, the Work in accordance with and as more fully described in Maricopa County Cooperative Contract #14097-S and Contractor' s estimate dated July 31, 2020 (Exhibit A) including, but not limited to: A. The rest.riping of select street segments within Apache J nction as identified in Exhibit B. B. As related to the street segments identified, intersection striping and markings consisting of turn bay , crosswalks, stop bars, and arrows . C. Provide traffic control, including uniformed off- duty Apa he Junction police officer where needed. 2 . PAYMENTS & OMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed one hundred thirty thousand five hundred seventy dollars and fifty cents ($130, 570 . 50) (the "Contract Sum") for the performance of the Work under the Con ract Documents . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Nork acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of its knowledge, information and belief on the b sis of its observation and inspection, the Work has been com leted in accordance with the terms and conditions of the Contract Documents and that partial payment or the balance due the Contractor is payable. 3. CONTRACT T Contractor hereby fixes the time for completion of said W rk as October 31, 2020 . This provision does not limit the liak,ility of Contractor for actual damages sustained by City a a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4 . LABOR AND TERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools znd machinery, water, heat, utilities, transportation, othex facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and wheth r or not incorporated or to be incorporated in the Work. 5. INSPECTIONS QUALITY OF WORK: Contractor understands and agrees that insp ction of the Work performed hereunder will occur by City. C ntractor agrees that City will have the exclusive right to de ermine, in its sole discretion, whether the Work has been per ormed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanshiF or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and t ar and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the timE of maintenance Work shall not be deemed an acceptance and Contr ctor will be required to correct defective 2 Work or materials at any time before acceptance. Within one (1) year from the date o acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replaceme t of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall no relieve Contractor from any obligation assumed under any other provision of the contract . The warranties and guar ntees provided in this subsection of the Contract Documents stall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7 . TAXES: Con ractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at t e time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8 . PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Wor will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work un er this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A may also apply and if so, shall obtain a transaction privileg license and/or other licenses as may be required by the city ode . Any activity by subcontractors within 3 the corporate city limits will invoke the same licensing regulations on any ubcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor grees to pay all applicable privilege and use taxes that are Ipplicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status s an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold 5tate or federal taxes, or provide workers compensation or unem loyment insurance for or on behalf of them or Contractor. Ccntractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and proced res, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City lor the acts and omissions of its employees, subcontractors and t eir agents and employees and other persons providing any of the Work. 10. SUPERIN Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the prog ess of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11. PROGRESS SC ULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which sha 1 be maintained and updated during the project. Work may Frogress during regular City business hours only if it is de ermined by City not to disturb normal operations. 12 . INDEMNIFICA ION: To the fullest extent permitted by law, Contractor shal defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, the Work or 4 services of Contract Dr, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty to defend, hold harmless and indemnify City, any special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, di ease, death, or injury to, impairment, or destruction of pro erty including loss of use resulting therefrom, caused b an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employ e of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to C ty' s approval . All subcontractors shall be identified by Contractor prior to award of contract . Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14 . APPLICABLE 1AW AND VENUE: The terms and conditions of this Agreement shall oe governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a chan e of venue in such proceeding to any other county. In the eve t 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 agreeJ that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collectior expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6 or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until al Work required to be performed under the terms of the Agreeme .t is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. 5 Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it . Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising cut of Contractor' s acts, errors, mistakes, omissions, Work or se vice. The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retenti ns shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of su h deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance p licies and/or endorsements . City shall not be obligated, however , to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit . The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed 6 under the indemnification provisions of this Agreement, which coverage will be at Least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall co tain a severability of interest provision, and shall not contai a sunset provision or commutation clause, nor any provision wh ch would serve to limit third party action over claims . The Commercial Gener 1 Liability additional insured endorsement shall be at least s broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution o the Work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily .injury and property Jamage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance dompany that issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with resp ct to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insura ce Service Office, Inc. Policy Form CA 00011293, or any re lacements thereof) . Such insurance shall include coverage for loading and off loading hazards_ If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer' s Liability insurance of not less than $100, 000 for each ac ident, $100, 000 disease for each employee, and $500, 000 disease olicy limit . .7 By execution of this Agreement, Contractor certifies as follows : "I am aware and understand the provisions of A.R. S. § 23-900 et seq. which requires every employer to be insured against liability forworkers" compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. " If Contractor has no employees for whom workers' compensation insurance is require , Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work s subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance o at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in fill force and effect. The form of the certificates of insu ance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the termc of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition BoulevarJ, Apache Junction, AZ, 85119. In the event any in urance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. If a policy does e pire during the life of the Agreement, a renewal certificate nust be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional, Insured Endorsement (or a substantially equivalent insurancE company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. .he policy or policies shall be in the usual 8 form of a public lia ility insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " Insurance required lerein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORD S: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the ge .eral scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreemen sum and the maintenance agreement being adjusted accordingly, All such changes in the Work shall be authorized by chang order and shall be performed under the applicable conditions of this maintenance agreement . The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of main enance agreement time and not inconsistent with the intent of this maintenance agreement . All such changes shall be effected by written order and shall be binding upon City and Contractor. All dhange order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs . Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and city staff representative. The City Manager' s decision shall be final and binding. 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their artners, successors, assigns and legal representatives to t e other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract doCL.ments . Neither Party to the contract shall assign the contract or sublet it as a whole or delegates its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it with ut the previous written consent of City. 9 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm of entity, or to an office of the corporation for whom it was inte, ded or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last Iusiness address known to them who gives the notice. 19. CLAIMS FORDAMAGES: Should either Party to the contract suffer injury or dam ge to personal property because of any act or omission of the ether Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such othe parties within a reasonable time after the first observance of such injury or damages. 20. PAYMENT & RMFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. When required, standard bond forms must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: Co tractor and/or its subcontractors shall be solely responsible f job safety at all times. 22 . RIGHTS & TES: The duties and obligations imposed by the Contract Docu .ents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall co stitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereun er except as may be specifically agreed to in writing. 23 . FORCE Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay' ) due to causes beyond its control and without its fault r negligence or failure to comply with applicable laws, inc siding, but not restricted to, acts of God, fires, floods, epidErriCS, pandemics, quarantine, restrictions, embargoes, labor dis utes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, wa , terrorism or act of terror (including but not limited to b ' o-terrorism or eco-terrorism) , nuclear radiation, blockade insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body 10 on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement . In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, venders or investors desired by Contractor in connection with the cbligations under this Agreement . Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforc d Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of th ' Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24 . TERMINATION A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the t rms of this Agreement. City shall provide Notice of Terminatio . to Contractor by Certified U. S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if Ci y fails to make payment as agreed upon in this document . Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U. S. Mail ten (10) calendar days before such terminate n takes effect . 25. RECORDS: Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request . Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period fo examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not 11 incorporated herein shall not be binding on the Parties . The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this A reement . 27. ENTIRE AG This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior egotiations, representations or agreements, either express or i plied, written or oral . It is mutually understood and agre d 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 au omatically become part of the supporting documents, and sha 1 supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILI City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essent-4ally 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 f• rther shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 29 . TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement . 30 . CONFLICT OF INTEREST: This Agreement is subject to, and may be terminatec by City in accordance with, the provisions of A. R. S. § 38-511 . 12 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A. R. S. §§ 35-393 through 3 -393. 03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Isra 1 . Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automat , cally terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to, consequential and liquidated damages . 32 . COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and ackn wledges the applicability of the American with Disabilities Act , the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A. R. S § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A. R. S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A. R. S . § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subco. tractor verifies the employment eligibility of the employee throe gh the E-Verify program. A breach of this warranty shall be de med a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement . Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall no be deemed in material breach of this Agreement if the C ntractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verif requirements contained in A. R. S. § 23- 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable note e and at reasonable times . If state law is amended, the Parties may modify this paragraph consistent with state law. 13 IN WITNESS WH REOF the Parties hereto have caused this Agreement to be sign d by their duly authorized representative as of this day of , 2020 . CONTRACTOR: FRANKLIN STRIPING INC. , an Arizona corporation JUNK MESS :OREJMARICOPA By: Its : pC'E�5, �C a CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its : Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: A Richard J. Stern City Attorney 14 Exhibit A Franklin Striping,Inc. 2832 S.45th Street F S I Phoenix,AZ 85040 Phone:(480)898-1180 Fax:(480)668-9688 QUOTE NO: 076520 ATTENTION: PROJECT: CITY OF APACHE 31.INCTION STRIPING 2020 PROJECT# 14097-S DATE: 7/31/2020 LOCATION VARIOUS LOCATIONS ITEM NO. SCOPE OF WORK QUANTITY NIT UNIT PRICE TOT RIESTRIPING. ER 81DRNIE PAINT(NO LAYOUT gFpU1RFnI ROADWAY STRIPING W/BEA 5(LONG LINE)-WHITE(4') 7495 LF $0.10 $749.50 ROADWAY STRIPING W/ (LONG LINE)-YELLOW(4-) 5520 LF $0.10 $552.00 INTERSECTION STRIPING- OSS WALK(12")WHITE 375 LF $0.40 $150.00 INTERSECTION STRIPING-( )WHITE 270 LF $0.20 $54.00 INTERSECTION STRIPING- ONS(LT.,RT.,ST.) 4 EA $35.00 $140.00 PAVEMENT WORDING-ALL TIERS AND/OR NUMBERS 8 EA $20.00 $160.00 RD an ROADWAY STRIPING W/BEA S(LONG LINE)-YELLOW(4") 3580 LF $0.10 $358.00 INTERSECTION STRIPING- OSS WALK(12")WHITE 40 LF $0.40 $16.00 ROADWAY STRIPING W/B S(LONG LINE)-YELLOW(4') 2480 LF $0.10 $248.00 INTERSECTION STRIPING- OSS WALK(12')WHITE 45 LF $0.40 $18.00 ]M SOUTHERN ROADWAY STRIPING W/BEA (LONG LINE)-WHITE(4") 1235 LF $0.10 $123.50 ROADWAY STRIPING W/BEA (LONG LINE)-YELLOW(4") 3000 LF $0.10 $300.00 INTERSECTION STRIPING- OSS WALK(12")WHITE 55 LF $0.40 $22.00 SOUTHERN AVE-IDAHO ROADWAY STRIPING W/BEA (LONG LINE)-WHITE(4") 3990 LF $0.10 $399.00 ROADWAY STRIPING W/BEA (LONG LINE)-YELLOW(4") 10890 Le $0.10 $1,089.00 INTERSECTION STRIPING- 055 WALK(12")WHITE 415 LF $0.40 $166.00 INTERSECTION STRIPING- OSS WALK(12")YELLOW 780 LF $0.40 $312.D0 INTERSECTION STRIPING-( )WHITE 540 LF $0.20 $108.00 INTERSECTION STRIPING- ROWS(LT.,RT.,ST.) 10 EA $35.00 $3510.00 ROADWAY STRIPING W/BEA (LONG LINE)-WHITE(4") 9220 LF $0.10 $922.00 ROADWAY STRIPING W/BEA (LONG LINE)-YELLOW(4") 10630 LF $0.10 $1,063.00 INTERSECTION STRIPING-C ZOSS WALK(12")WHITE 395 LF $0.40 $158.00 INTERSECTION STRIPING-( )WHITE 265 LF $0.20 $53.00 INTERSECTION STRIPING- ROWS(LT.,RT.,ST.) 3 EA $35.00 $105.00 BIKE LANE SYMBOL 6 EA $30.00 $180.00 IL TO BROADWAY ROADWAY STRIPING W/BEA (LONG LINE)-WHITE(4") 140 LF $0.10 $14.00 ROADWAY STRIPING W/BEA (LONG LINE)-YELLOW(4') 5430 LF $0.10 $543.00 INTERSECTION STRIPING C ZOSS WALK(12")WHITE 225 LF $0.40 $90.00 INTERSECTION STRIPING ( )WHITE 745 LF $0.20 $149.00 INTERSECTION STRIPING-A ROWS(LT.,RT.,ST.) 17 EA $35.00 $595.00 ROADWAY STRIPING W/BEADS(LONG L NE)-WHITE(4") 6035 LF $0.10 $603.50 ROADWAY STRIPING W/BEADS(LONG L INE)-YELLOW(4") 6800 LF $0.10 $680.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 440 LF $0.40 $176.00 INTERSECTION STRIPING-(8")WHITE 765 LF $0.20 $153.00 INTERSECTION STRIPING-ARROWS(L ., RT.,ST.) 7 EA $35.00 $245.00 BIKE LANE SYMBOL 14 EA $30.00 $420.00 ROADWAY STRIPING W/BEADS(LONG NE)-WHITE(4") 3255 LF $0.10 $325.50 ROADWAY STRIPING W/BEADS(LONG NE)-YELLOW(4") 4570 LF $0.10 $457.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 320 LF $0.40 $128.00 INTERSECTION STRIPING-(8")WHITE 250 LF $0.20 $50.00 INTERSECTION STRIPING-ARROWS(L ., RT.,ST.) 3 EA $35.00 $105.00 BIKE LANE SYMBOL 4 EA $30.00 $120.00 ROADWAY STRIPING W/BEADS(LONG NE)-WHITE(4") 4320 LF $0.10 $432.00 ROADWAY STRIPING W/BEADS(LONG NE)-YELLOW(4") 7230 LF $0.10 $723.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 325 LF $0.40 $130.00 INTERSECTION STRIPING-(8")WHITE 860 LF $0.20 $172.00 INTERSECTION STRIPING-ARROWS(L .,RT.,ST.) 7 EA $35.00 $245.00 ROADWAY STRIPING W/BEADS(LONG NE)-WHITE(4") 9980 LF $0.10 $998.00 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 9980 LF $0.10 $998.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 120 LF $0.40 $48.00 ROADWAY STRIPING W/BEADS(LONG E)-WHITE(4") 18310 LF $0.10 $1,831.00 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 17600 LF $0.10 $1,760.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 225 LF $0.40 $90.00 ROADWAY STRIPING W/BEADS(LONG NE)-WHITE(4") 28950 LF $0.10 $2,895.00 ROADWAY STRIPING W/BEADS(LONG NE)-YELLOW(4") 28950 LF $0.10 $2,895.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 385 LF $0.40 $154.00 ROADWAY STRIPING W/BEADS(LONG L NE)-WHITE(4") 1G420 LF $0.10 $1,042.00 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 2730 LF $0.10 $273.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 75 LF $0.40 $30.00 ROADWAY STRIPING W/BEADS(LONG L NE)-WHITE(4") 9460 LF $0.10 $946.00 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 9460 LF $0.10 $946.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 285 LF $0.40 $114.00 ROADWAY STRIPING W/BEADS(LONG L NE)-WHITE(4") 4575 LF $0.10 $457.50 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 10780 LF $0.10 $1,078.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 640 LF $0.40 $256.00 INTERSECTION STRIPING-(8")WHITE 875 LF $0.20 $175.00 INTERSECTION STRIPING-ARROWS(L .,RT.,ST.) 8 EA $35.00 $280.00 ROADWAY STRIPING W/BEADS(LONG L NE)-WHITE(4") 8385 LF $0.10 $838.50 ROADWAY STRIPING W/BEADS(LONG L NE)-YELLOW(4") 9560 LF $0.10 $956.00 INTERSECTION STRIPING-CROSS WAL (12")WHITE 190 LF $0.40 $76.00 '6 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 16840 LF $0.10 $1,684.00 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 14170 LF $0.10 $1,417.00 INTERSECTION STRIPING-CROS WALK(12")WHITE 1200 LF $0.40 $480.00 INTERSECTION STRIPING-CROS WALK(12")YELLOW 820 LF $0.40 $328.00 INTERSECTION STRIPING-(8")A 11TE 940 LF $0.20 $188.00 INTERSECTION STRIPING-ARR (LT., RT.,ST.) 7 EA $35.00 $245.00 BIKE LANE SYMBOL 20 EA $30.00 $600.00 SUNIC ST-GOLDFIELD TOE DOFROAD ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 18145 LF $0.10 $1,814.50 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 18800 LF $0.10 $1,880.00 INTERSECTION STRIPING-CRO WALK(12")WHITE 205 LF $0.40 $82.00 ROADWAY STRIPING W/BEADS(L NG LINE) WHITE(4") 17590 LF $0.10 $1,759.00 ROADWAY STRIPING W/BEADS(L NG LINE) YELLOW(4") 19650 LF $0.10 $1,965.00 INTERSECTION STRIPING CRO WALK(12")WHITE 730 LF $0.40 $292.00 INTERSECTION STRIPING (8")M IrrE 705 LF $0.20 $141.00 INTERSECTION STRIPING ARR (LT.,RT.,ST.) 1 EA $35.00 $35.00 ROADWAY STRIPING W/BEADS(L NG LINE) WHITE(4") 2320 LF $0.10 $232.00 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 3010 LF $0.10 $301.00 INTERSECTION STRIPING-CROS WALK(12")WHITE 70 LF $0.40 $28.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 15335 LF $0.10 $1,533.50 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 16970 LF $0.10 $1,697.00 INTERSECTION STRIPING-CRO WALK(12")WHITE 180 LF $0.40 $72.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 101705 LF $0.10 $10,170.50 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 37935 LF $0.10 $3,793.50 INTERSECTION STRIPING-CR WALK(12")WHITE 7550 LF $0.40 $3,020.00 INTERSECTION STRIPING-(8") ITE 12290 LF $0.20 $2,458.00 INTERSECTION STRIPING-ARR (LT.,RT.,ST.) 111 EA $35.00 $3,885.00 PAVEMENT WORDING-ALL LE17E RS AND/OR NUMBERS 132 EA $20.00 $2,640.00 BIKE LANE SYMBOL 90 EA $30.00 $2,700.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 19080 LF $0.10 $1,908.00 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 19750 LF $0.10 $1,975.00 INTERSECTION STRIPING-CR WALK(12")WHITE 225 LF $0.40 $90.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 19060 LF $0.10 $1,906.00 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 19680 LF $0.10 $1,968.00 INTERSECTION STRIPING-CR WALK(12")WHITE 630 LF $0.40 $252.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 6150 LF $0.10 $615.00 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 6100 1 F $0.10 $610.00 INTERSECTION STRIPING-CR WALK(12")WHITE 115 LF $0.40 $46.00 ROADWAY STRIPING W/BEADS(L NG LINE)-WHITE(4") 27565 LF $0.10 $2,756.50 ROADWAY STRIPING W/BEADS(L NG LINE)-YELLOW(4") 47550 LF $0.10 $4,755.00 INTERSECTION STRIPING-CRM4 WALK(12'�WHITE 1995 Lc $0.40 $798.00 INTERSECTION STRIPING-(8")VY HITE 1120 LF $0.20 $224.00 INTERSECTION STRIPING-ARR (LT.,RT.,ST) 17 EA $35.00 $595.00 17 ROADWAY STRIPING W/BF (LONG LINE)-WHITE(4") 3DO LF $0.10 $30.00 ROADWAY STRIPING WJBEA (LONG LINE)-YELLOW(4") 3450 LF $0.10 $345.00 INTERSECTION STRIPING-C1 OSS WALK(12")WHITE 570 LF $0.40 $228.00 INTERSECTION STRIPING-( ')WHITE 675 LF $0.20 $135.00 INTERSECTION STRIPING-Ai ROWS(LT.,RT.,ST,) 12 EA $35.00 $420.00 PAVEMENT WORDING-ALL L TTERS AND/OR NUMBERS 4 EA $20.00 $80.00 INTERSECTION STRIPING 055 WALK(12")YELLOW 235 LF $0.40 $94.00 INTERSECTION STRIPING-CAOSS WALK(12")YELLOW 225 LF $0.40 $90.00 LF $0.00 $0.00 TRAFFIC CONIKOL BARRICADE VEHICLE RENTAL ITh DRIVER 96 HR $65.00 $6,240.00 MOBILIZATION/DEMOBILIZA ON(ZONE 1) 14 EA $300.00 $4,200.00 UNIFORMED OFF-DUTY OFFICER A OFFICIAL VEHICLE 224 HR $95.00 $21,280.00 TOTAL BID PRICE: $130,570.50 ***ADDITIONAL MOBILIZATIONS WILL BE CHARGED AT$300.00 EACH. To schedule projeas, email us at: scheduling@franklinstriping.com DISCLAIMER• Quantities shown above a an estimate only,actual field quantities installed will be used for billing purpose. Excludes: Barricades,So ids,permits,survey,sweeping,as builts,water supply,dump site,shadow truck, diamond grinding,oblitera'on,slurry seal or sealer for obliteration scarring&removal of chip seal markers Additional Mobilization Chi ges May Be Applied from Circumstances Beyond Our Control Which Would Prohibit The Above 4entioned Work from Being Completed As Scheduled. (i.e.UNMOVED VEHICLES,TRAILER,SPRINKLERS,OR EXCESSIVELY DIRTY AREAS ETC.) **FSI REQUIRES 1S DAYS NOTICE PRIOR TO ANY PAVEMENT MARKING NEEDED" *'Contractor is to provide Striping Survey.Reference ADOT Standard Specifications 2008 Edition *'Set.-925-3.01,paragraph 7&8.Contractor to supply Survey Control points to be set every SOft. All material is guaranteed be as specified and preformed in accordance with the drawings and specifications submitted for the above milntioned work and completed in a substantial worfananlike manner.Payment terms to be NET30.This proposal is valid for 60 days.Licensed and Bonded. Lic No.115703&238964 SINCERELY, PHIL KOWALCZYK Exhibit B City of Apache Junction Street Striping and Markings - Fall 2020 y Jh —' T iillji 3— 01 1 ` r err• . . . ._ 0 ,.7 5 I 4 3 2 I 1 I S LEGEND Along with long-striping,refresh all markings and symbols within �. Multi-line(Urban s1revO designated street segments including: Two-Lane(Rural ro. ) Q Yellow"ladder"school crosswalk(nine total) 0 Stop bars(refresh or install new if not existing) 19 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. �Pii File ID: 20-449 Sponsor: Thomas Kelly and Bryant Powell Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Presentation of 25-year Service Award to Keith Gabriel of the Police Department. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. �Pii File ID: 20-412 Sponsor: Thomas Kelly Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Proclamation designating the week of September 20, 2020 through September 26, 2020 as "Child Passenger Safety Week". City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 prortamatt" On CHILD PASSENGER SAFETY WEEK SEPTEMBER 20, 2020- SEPTEMBER 26, 2020 WHEREAS, children are our future and it is the responsibility of parents and caregivers to keep America's children safe; and WHEREAS, car seats are required by law for children traveling in motor vehicles; and WHEREAS, traffic crashes are the leading cause of death for children ages 1 to 13; and WHEREAS, research shows that car seats reduce the risk of fatal injury for infants by 71 percent and by 54 percent for toddlers in cars, and by 58 percent and 59 percent for infants and toddlers in SUVs, pickups and vans; and WHEREAS, parents and guardians must make sure that children, age 12 and under, always ride in the back seat, buckled up in properly installed child safety seats, and a rear facing child seat should never be placed in the front seat of a motor vehicle equipped with a passenger air bag; and WHEREAS, children riding in the right seat for their age and size can be accomplished by a car seat inspection that ensures the safety of a child while traveling. NOW, THEREFORE, I, Jeff Serdy, Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of September 20, 2020 through September 26, 2020 as CHILD PASSENGER SAFETY WEEK in Apache Junction and urge all citizens to work together to keep our children passengers safe. Signed and attested to this day of , 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard _+ Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. 'PizoN►' File ID: 20-469 Sponsor: Pamela Harrison Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Presentation of thank you letter to Glenn Perkins Educational Foundation acknowledging the generous donation of$20,000.00 to the Apache Junction Public Library. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 September 8, 2020 Amy Wells, Senior Vice-President/Trust Officer Glenn Perkins Educational Foundation First State Bank&Trust P.O. Box 1827 Williston,ND 58802 Dear Ms. Wells: We thank you for the generous donation of $20,000 to the Apache Junction Public Library. Continued funds from the Glenn Perkins Educational Foundation support literacy and learning initiatives for the residents of Apache Junction. We are grateful for your donation and will acknowledge it at a public City Council meeting in September. Sincerely, Jeff Serdy, Mayor City of Apache Junction ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz oN* File ID: 20-447 Sponsor: Jeff Serdy Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 20-429 Sponsor: Bryant Powell Agenda Date: 9/15/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. PizoNr File ID: 20-378 Sponsor: Jennifer Pena Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Consideration of application for a series 012 (restaurant) liquor license application for Dino's Deli located at 300 W. Apache Trail. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 a te- City of Apache Junction I: 300 East Superstition Boulevard • Apache Junction, Arizona 85119 • www.ajcity.net SEPTEMBER 15, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 012 RESTAURANT LIQUOR LICENSE FOR DINO'S DELI An application for a Series 012 restaurant liquor license has been submitted by Richard Slayton for Dino's Deli located at 300 W. Apache Trail #125 in Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on July 27, 2020 and the Apache Junction City Clerk's Office received the application on August 3, 2020. The notice of public hearing was posted at the premises on August 17, 2020. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliance matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendations of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by September 25, 2020. Home of the Superstition Mountains R � 9 A C E� [) State of Arizona Department of Liquor Licenses and Control Created 07/27/2020 @ 11:12:06 AM Local Governing Body Report LICENSE Number: Type: 012 RESTAURANT Name: DINO'S DELI State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 300 W APACHE TRAIL #125 APACHE JUNCTION,AZ 85120 USA Mailing Address: 3718 S WARNER DRIVE APACHE JUNCTION,AZ 85120 USA Phone: (480)983-0973 Alt.Phone: (773)410-0888 Email: RSLAYTON@DINOSITALIANDELI.COM AGENT Name: RICHARD THOMAS SLAYTON Gender: Male Correspondence Address: 3718 S WARNER DRIVE APACHE JUNCTION,AZ 85120 USA Phone: (773)410-0888 Alt. Phone: Email: RSLAYTON@DINOSITALIANDELLCOM OWNER Name: DINO'S LLC Contact Name: RICHARD THOMAS SLAYTON Type: LIMITED LIABILITY COMPANY AZ CC Pile Number: 1-21 1 10062 State of Incorporation: AZ Incorporation Date: 08/01/2016 Correspondence Address: 3718 S WARNER DRIVE APACHE JUNCTION.AZ 85120 USA Phone: (773)410-0888 Alt. Phone: Email: RSLAYTON(a,DINOSITAL]AN DELI.COM Officers/Stockholders Page 1 of 3 Name: Title: %Interest: CYNTHIA MARIE PALADINO MEMBER 100.00 DINO'S LLC - MEMBER Name: CYNTHIA MARIE PALADINO Gender: Female Correspondence Address: 3718 S WARNER DRIVE APACHE JUNCTION,AZ 85120 USA Phone: (773)433-0670 Alt.Phone: Email: CPAL3327@AOL.COM APPLICATION INFORMATION Application Number: 100549 Application Type: New Applicati Created Date: - 3"8 4�� Aw\ �-)-� QUESTIONS & ANSWERS 012 Restaurant 1) Are you applying for an Interim Permit(INP)? No 2) Are you one of the following?Please indicate below. Property Tennant Sub-tenant Property Owner Property Purchaser Property Management Company property tnnant 3) is there a penalty if lease is not fulfilled'? Yes What is the penalty? DEFAULTS.Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or teen by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 clays(or any other obligation within 10 days)after written notice of such default is provided by Landlord to Tenant,Landlord may take possession of the Premises without further notice(to the extent permitted by law),and without prejudicing Landlord's rights to damages. In the alternative,Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease.Tenant shall pay all costs,damages; and expenses(including reasonable attorney fees and expenses)suffered by Landlord by reason of Tenant's defaults.All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent.whether or not such sums or charges are designated as "additional rent".The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by 4) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 5) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. SBA Loan current balance is $1 1.000 Page 2 of 3 6) Is there a drive through window on the premises? No 7) If there is a patio please indicate contiguous or non-contiguous within 30 feet. no patio 8) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? Yes If yes,what is your estimated completion date? September 1 st 2020 DOCUMENTS DOCUMENT TYPE FILE NAME UPLOADED DATE DIAGRAM/FLOOR PLAN dino's floor plan 6-1 8-20.pdf 06/18/2020 MENU dinos menu 6-23-2020 with beer.pdf 06/23/2020 RECORDS REQUIRED FOR AUDIT ADL audit form 7-1 1-2020.pdf 07/11/2020 RESTAURANT OPERATION PLAN ADL operation plan 7-1 1-2020.pdf 07/11/2020 QUESTIONNAIRE ADL questionnaire 7-11-2020.pdf 07/11/2020 slayton finger print card.pdf 07/17/2020 ADL updated Slayton questionnaire 07/17/2020 2.pdf ADL slayton alien status form.pdf 07/17/2020 ADL paladino finger print card.pdf 07/17/2020 ADL updated diagram showing main 07/17/2020 entrance 2.pdf paladino questionnaire 7-24-2020.pdf 07/24/2020 Paee 3 of 3 EQUIPMENT SCHEDULE TAG QTY.I EQUIPMENT CATEGORY MAKE MODEL REMARKS 1 1 IFRr=EZER KELVINATOR KCBM180FQY 2 1 FRIDGE TURBO AIR M3R241 N 3 1 GLASS FREEZER TRUE GDM23FBKLH 4 1 DELI CASE TRUE T50GC 5 1 SHORT FREEZER METALFRIO SOLUTION MSC-C SERIES 6 1 2 HAND SINK ADVANCE TABCO 7-PS-EC-SP 7 1 SLICER COOLER BEVERAGE AIR WTR48AHC 8 1 SUB PREP BEVERAGE AIR SPE48HG-12C 9 1 HOT DOG PREP TURBO AIR 083-MST28N 10 1 PIZZA PREP MIGALI 338-CPP67HC 11 1 IHOT SIDE TABLE TRUE 598-TPPAT67HC 12 2 PIZZA OVEN VULCAN 8030A STACKED,GAS 13 2 6 BURNER RANGE,OVEN SATURN SHDR 36-6 GAS-194,000 btu 14 1 CHAR GRILL NA - GAS-45,000 btu 15 2 FRYER ROYAL RFT-50 GAS-114,000 btu 16 1 MOP SINK REGENCY 17 1 3-COMP SINK GREEN WORLD TSA-3-N 18 i 1 SS D(SHTABLE TBD 19 1 DISHWASHER TBD 20 1 ICE MACHINE ICE-0-MA-no 159-CIM0320HA s-tr er— r4r z-a rr-z ra ,g-r aas WTEJ; rl 4 �lL ElKffcHEPO { 4S tt` n --ztt toEp 4 I 'I C•;i?— 0 I I fia I I 11 0- I I l a0 I i I 'e '0 0• tv_c - t a� 11 tl ®--4I is 1 I I t! e 1 1 l MAD TAKEAWAY I t I :t cr [EQUIPMENT PLAN SCALE „r -- - — EQUIPMENT SCHEDULE TAG QTY. EQUIPMENT CATEGORY MAKE MODEL REMARKS 1 1 FREEZER KELVINATOR KCBM180FOY 2 1 FRIDGE TURBO AIR M3R241 N 3 1 GLASS FREEZER TRUE GDM23FBKLH 4 1 DELI CASE TRUE T50GC 5 1 SHORT FREEZER METALFRIO SOLUTION MSC-C SERIES 6 2 HAND SINK ADVANCE TABCO 7-PS-EC-SP 7 1 SLICER COOLER BEVERAGE AIR WTR48AHC 8 1 SUB PREP BEVERAGE AIR SPE48HC-12C 9 1 HOT DOG PREP TURBO AIR 083-MST28N 10 1 PIZZA PREP MIGALI 338-CPP67HC 11 1 HOT SIDE TABLE TRUE 598-TPPAT67HC 12 2 PIZZA OVEN VULCAN 8030A STACKED,GAS 13 2 6 BURNER RANGE,OVEN SATURN SHDR 36-6 GAS-194,000 btu 14 1 CHAR GRILL NA - GAS-45,000 btu 15 2 FRYER ROYAL RFT-50 GAS-114,000 btu 16 1 MOP SINK REGENCY - 17 1 3-COMP SINK GREEN WORLD TSA-3-N j 8 1 SS DISHTABLE TBD 19 1 DISHWASHER TBD 20 1 1 ICE MACHINE ICE-O-MAT1C 159-CIM0320HA 713' 13.2' GAS ME7EN WMAN oil CID El El .�. _ r N J 1 ?1 4 l �fb0 II v z 100 OO /' 00 i I i 13 Q Q z.p• p•.e• ��- o Q „�® i , t 11 !Q O en I I pwwo i El 4} t I I f.ti �Y EF 14 LL71�11 fejL H O t i iN If I• TAn AWAY EWW io .+cca-. I r.p• (EQUIPMENT PLAN SCALE 1/8'•1O 0' 4 8' 1 6' ID �- e-a• s-r �r-v z-m76-2- - ra• OAS MUEA 63 l �'- \ p•. o fig_ � a.rr� WALK11 `O SQdp44 c W"J a+3 m b i 05H EF R it �,;' _;f il, �; I n� r S `O O O r^ O 1 \ rya FLOOR PLANSCAAF _ 1 6' Jillian Bright From: Dave Zellner Sent: Tuesday, September 1, 2020 8:30 AM To: Jillian Bright; Rudy Esquivias Cc: Larry Kirch Subject: RE: Liquor License App for Dino's Deli Jillian,The operators of Dino's Deli are in the permitting process and have provided permit application and plans for the tenant improvements to be made to accommodate the restaurant.The Building Division does not have any objections to council approval of the liquor license since the operators will have to complete the review, remodel, inspection and certificate of occupancy process prior to opening. 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 dzellnerkajcity.net Office Hours Monday—Thursday,7:00 am—6:00 pm,Closed on Fridays From: Jillian Bright Sent: Monday, August 31, 2020 3:04 PM To: Dave Zellner; Rudy Esquivias Subject: FW: Liquor License App for Dino's Deli Good Afternoon, Just a reminder that the recommendation for Dino's Deli liquor license application is due tomorrow O Thank You, Jill Bright ,5 From:Jillian Bright Sent: Friday,August 14, 2020 12:47 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; 'Rick Ochs' <rick.ochs@sfmd.az.gov>;Thomas Parker<tparker@ajcity.net> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net>; Dana Martin 1 <dmartin@AJCity.Net> Subject: RE: Liquor License App for Dino's Deli Good Afternoon, Due to Dave not receiving building plans prior to the liquor license application, I will be pushing the public hearing back to the September 15t" council meeting. The owner turned in plans this past Wednesday so hopefully we will be good to go for the September 15t" council meeting. Please submit your recommendations to me by September 1 st. If there are any more issues that arise and we need to push this back again, I will let you all know. Thank You, Jill Bright From:Jillian Bright Sent: Monday,August 3, 2020 11:53 AM To: Rudy Esquivias<resquivias@a*city.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <ipena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for Dino's Deli Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Dino's Deli. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 18t" in order for this item to be on the September 1 st council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: 2 mom City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 3 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Monday, August 31, 2020 12:03 PM To: Jillian Bright; Rudy Esquivias; Dave Zellner; Rick Ochs; Thomas Parker Cc: Jennifer Pena; Maureen Fredrickson; Dana Martin Subject: RE: [External] Liquor License App for Dino's Deli Good afternoon. SFMD recommends approval of this application. Thank you. �` Tina Gerola I Fire Inspector Community Risk Reduction Specialist Superstition Fire&Medical District �1 Office (480) 982-4440 ext. 104 Mobile (480) 416-9775 NEW MOBILE NUMBER OffirP Hnnrc I Mnndgv-Thiircrlav frnm lam-(hnm Connect with us! O© CT-6.)CD Q Q From:Jillian Bright<jbright@AJ City.Net> Sent: Friday,August 14, 2020 12:47 PM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov>;Thomas Parker<tparker@ajcity.net> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net>; Dana Martin <dmartin@AJCity.Net> Subject: RE: Liquor License App for Dino's Deli Good Afternoon, Due to Dave not receiving building plans prior to the liquor license application, I will be pushing the public hearing back to the September 151" council meeting. The owner turned in plans this past Wednesday so hopefully we will be good to go for the September 151" council meeting. Please submit your recommendations to me by September 1 It. If there are any more issues that arise and we need to push this back again, I will let you all know. Thank You, Jill Bright i' i From:Jillian Bright Sent: Monday,August 3, 2020 11:53 AM To: Rudy Esquivias<resquivias@aicity.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <ipena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for Dino's Deli Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Dino's Deli. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 18t" in order for this item to be on the September 1 It council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: M 0 M City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 FpACH,p pOLICE Apache Junction Police Department Z Interdepartmental Memo gNIZONP DATE: 08/19/2020 TO: Ms. Jill Bright Deputy City Clerk FROM: Sergeant S. Painter#190 SUBJECT: Dino's Deli, Premise Liquor Inspection Ms. Bright, At your request, I conducted an inspection of the premises at 300 W. Apache Trail#125 (Dino's Deli) for alcoholic beverage sales. This address is within the city limits of Apache Junction. The inspection occurred on 08/19/2020. On 08/19/2020 at approximately 1000 hours I met with the Owner/Agent identified by an Arizona Driver's License #D11160257 as Richard Slayton (DOB:02/26/197 1) and conducted a site inspection on the property. At the time of my inspection, the business was closed and under construction. I reviewed the premises and proposed liquor controlled areas. As I conducted the inspection I noticed the floor layout was similar to the draft provided within the liquor application packet with the exception that much of the interior construction was yet to be complete. Mr. Slayton advised that he planned to be operational by January of 2021. The main entrance will remain the southern door which faces the parking lot. They also have an outdoor seating patio area along their southern wall. The kitchen area will be on the western side of the building to the west of the dining area. On the west side of the dining area will be an enclosed bar(no customer access)with taps for beer and cabinets for wine. This addition is not yet constructed but is reflected on the submitted plans. Directly behind the kitchen to the north is a walk-in cooler where additional liquor will be stored. Both storage areas are out of reach of customers and unauthorized employees. My inspection indicates the following: • The nearest religious worship facility is: • First Baptist Church of Apache Junction at 235 S. Thunderbird Road • This religious facility is outside the three hundred feet restriction in accordance with A.R.S. 4-207 • There are no known permitted childcare facilities nearby. • Mr. Richard Slayton, the applicant, has had no recent significant contact with the Apache Junction Police Department. Mr. Slayton has had prior experience with restaurant and bar management and is currently studying to take the DLLC approved Basic &Management Liquor Law Training Course. Therefore, with our findings and observations this police department does not object in approving the liquor license for this establishment as long as all other laws and requirements have been met to the City of Apache Junction, County of Pinal, and State of Arizona. Jillian Bright From: Rudy Esquivias Sent: Tuesday, September 1, 2020 6:55 PM To: Jillian Bright; Dave Zellner Cc: Larry Kirch; Kelsey Schattnik; Sidney Urias;Tina Gerola Subject: RE: Liquor License App for Dino's Deli Jill: Pursuant to Dino's making their permit submittal and working with the building official to properly remodel the occupancy at the former Basha's plaza from retail space to a restaurant,the Planning Division recommends approval of Dino's new restaurant with liquor sales. The property is zoned B-3 which allows the aforementioned uses outright and there are not any protected uses in close proximity to cause concerns. C&uc jEquivias Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Jillian Bright Sent: Monday, August 31, 2020 3:04 PM To: Dave Zellner; Rudy Esquivias Subject: FW: Liquor License App for Dino's Deli Good Afternoon, Just a reminder that the recommendation for Dino's Deli liquor license application is due tomorrow O Thank You, Jill Bright •55 I r" ail From:Jillian Bright Sent: Friday,August 14, 2020 12:47 PM To: Rudy Esquivias; Dave Zellner; 'Tina Gerola' ; 'Rick Ochs' ;Thomas Parker Cc:Jennifer Pena ; Maureen Fredrickson ; Dana Martin Subject: RE: Liquor License App for Dino's Deli 1 Good Afternoon, Due to Dave not receiving building plans prior to the liquor license application, I will be pushing the public hearing back to the September 15t" council meeting. The owner turned in plans this past Wednesday so hopefully we will be good to go for the September 151" council meeting. Please submit your recommendations to me by September 1st If there are any more issues that arise and we need to push this back again, I will let you all know. Thank You, Jill Bright From:Jillian Bright Sent: Monday,August 3, 2020 11:53 AM To: Rudy Esquivias<resquivias@a*city.net>; Dave Zellner<dzellner@AJCity.Net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <ipena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Liquor License App for Dino's Deli Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Dino's Deli. Please conduct your inspections and submit your department recommendations to me by Tuesday, August 18t" in order for this item to be on the September 1 It council meeting. Thank You, Jab 3r Deputy City Clerk City Clerk's Office 480.474.5061 City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: ` TAM City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. 2 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. 3 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. PizoNr File ID: 20-420 Sponsor: Jennifer Pena Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Consideration of application for a series 012 (restaurant) liquor license application for Momo Bowl located at 725 W. Apache Trail #27. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 a te- City of Apache Junction I: 300 East Superstition Boulevard • Apache Junction, Arizona 85119 • www.ajcity.net SEPTEMBER 15, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 012 RESTAURANT LIQUOR LICENSE FOR MOMO BOWL An application for a Series 012 restaurant liquor license has been submitted by Robert Steward for Momo Bowl located at 725 W. Apache Trail #27 in Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on August 12, 2020 and the Apache Junction City Clerk's Office received the application on August 18, 2020. The notice of public hearing was posted at the premises on August 19, 2020. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliance matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendations of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by October 11, 2020. Home of the Superstition Mountains State of Arizona Department of Liquor Licenses and Control Created 08/12/2020 @ 11:33:49 AM Local Governing Body Report LICENSE Number: Type: 012 RESTAURANT Name: MOMO BOWL State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 725 W APACHE TRAIL #27 APACHE JUNCTION,AZ 85120 USA Mailing Address: 1881 W FOOTHILL STREET APACHE JUNCTION,AZ 85120 USA Phone: (480)983-0707 Alt.Phone: (480)650-8975 Email: MOMOBOWL2017@GMAIL.COM AGENT Name: ROBERT STEWARD Gender: Male Correspondence Address: 1881 W FOOTHILL STREET APACHE JUNCTION,AZ 85120 USA Phone: (480)650-8975 Alt.Phone: Email: MOMOBOWL2017@GMAIL.COM OWNER Name: MOMO BOWL LLC Contact Name: ROBERT STEWARD Type: LIMITED LIABILITY COMPANY AZ CC File Number: L20626478 State of Incorporation: AZ Incorporation Date: 04/18/2016 Correspondence Address: 1881 W FOOTHILL STREET APACHE JUNCTION,AZ 85120 �J3 j0 kil` USA Phone: (480)650-8975 9£ 0! Q i ',' 9 ! 9fit� owAlt.Phone: Email: MOMOBOWL2017@GMAIL.COM 1 F?30 iR}33J �ll� Officers/Stockholders 133 Page 1 of 3 Name: Title: %Interest: MASAE ATHENA STEWARD MEMBER 100.00 MOMO BOWL LLC - MEMBER Name: MASAE ATHENA STEWARD Gender: Female Correspondence Address: 1881 W FOOTHILL STREET APACHE JUNCTION,AZ 85120 USA Phone: (480)650-8975 Alt.Phone: Email: MOMOBOWL2017@GMAIL.COM MANAGERS Name: SHUN STEWARD Gender: Male Correspondence Address: 1881 W FOOTHILL STREET APACHE JUNCTION,AZ 85120 USA Phone: (480)227-0738 Alt. Phone: Email: SHUNSHINEl998@GMAIL.COM Page 2 of 3 APPLICATION INFORMATION Application Number: 117129 Application Type: New Application Created Date: 08/12/2020 Q 4a QUESTIONS & ANSWERS 012 Restaurant 1) Are you applying for an Interim Permit(INP)? No 2) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company PROPERTY TENANT 3) Is there a penalty if lease is not fulfilled? No 4) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 5) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. $45,000 LENDING CLUB$30,000 595 MARKET ST#200 SAN FRANCISCO CA 94105 WELLS FARGO$8000 420 MONTGOMERY ST SAN FRANCISCO CA 94104 AMERICAN EXPRESS$6000 PO BOX 30384 SALT LAKE CITY UTAH 84130 FIRST NATIONAL BANK OF OMAHA$1000 1620 DODGE ST OMAHA NEBRASKA 68197 6) Is there a drive through window on the premises? No 7) If there is a patio please indicate contiguous or non-contiguous within 30 feet. NONE 8) Is your licensed premises now closed due to construction,renovation or redesign or rebuild? No Page 3 of 3 � 3 aua ir Liq. Lit. RiTI OIC N [Exits 60ft Co aRice Prep Sin ce a d Soda Work Glass Door ooke ar Machine Table Fridge m QLigor storage arePrepFddgeW/H Freeze Chest ork CItchen Fop oarea-- Freez uhtCounter 20ft H n eWalk in Cooler c `.w Prep rFddge WorkTablejcoDinning area)wl Entrance ache Trail. #27 1,200sgft nction,AZ 85120 V Jillian Bright From: Dave Zellner Sent: Tuesday,August 25, 2020 8:04 AM To: Jillian Bright Subject: RE: Liquor License App for Momo Bowl The Momo Bowl went through the city's permitting and inspection process in 2018 and has a valid Certificate of Occupancy.The Building Division supports approval of this liquor license. Respectfully, J. Davis "Dave" Zellner, CBO Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellnerkajci . .net Office Hours Monday—Thursday, 7:00 am—6:00 pm,Closed on Fridays From: Jillian Bright Sent: Tuesday, August 18, 2020 11:01 AM To: Rudy Esquivias; Dave Zellner; 'Tina Gerola'; 'Rick Ochs' Cc: Jennifer Pena; Maureen Fredrickson; Dana Martin Subject: Liquor License App for Momo Bowl Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Momo Bowl. Please conduct your inspections and submit your department recommendations to me by Tuesday, September 1 st in order for this item to be on the September 15th council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 City of Apache Junction i 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: W k M City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Monday, August 24, 2020 4:16 PM To: Jillian Bright; Rudy Esquivias; Dave Zellner; Rick Ochs Cc: Jennifer Pena; Maureen Fredrickson; Dana Martin Subject: RE: [External] Liquor License App for Momo Bowl Good afternoon. SFMD recommends approval of this application. Thank you. �. Tina Gerola I Fire Inspector * Community Risk Reduction Specialist Superstition Fire&Medical District �1 Office 1 (480) 982-4440 ext. 104 A Mobile 1 (480) 416-9775 NEW MOBILE NUMBER OffirP Hnnrc I Mnndgv-Thiircrlav frnm lam-(hnm Connect with us! O© CT-6.)CD Q Q From:Jillian Bright<jbright@AJ City.Net> Sent:Tuesday,August 18, 2020 11:01 AM To: Rudy Esquivias<resquivias@ajcity.net>; Dave Zellner<dzellner@AJCity.Net>;Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net>; Dana Martin <dmartin@AJCity.Net> Subject: Liquor License App for Momo Bowl Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Momo Bowl. Please conduct your inspections and submit your department recommendations to me by Tuesday, September 1 st in order for this item to be on the September 15th council meeting. Thank You, T.77."2,-:,yL*- Deputy City Clerk City Clerk's Office 480.474.5061 i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: I City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 FpACH,p pOLICE Apache Junction Police Department Z Interdepartmental Memo gNIZONP DATE: 08/19/2020 TO: Ms. Jill Bright Deputy City Clerk FROM: Sergeant S. Painter#190 SUBJECT: Momo Bowl, Premise Liquor Inspection Ms. Bright, At your request, I conducted an inspection of the premises at 725 W. Apache Trail#27 (Momo Bowl) for alcoholic beverage sales. This address is within the city limits of Apache Junction. The inspection occurred on 08/19/2020. On 08/19/2020 at approximately 1045 hours I met with the Owner/Agent identified by an Arizona Driver's License #D08097563 as Robert Steward(DOB:03/13/1960) and conducted a site inspection on the property. At the time of my inspection, the business was closed. I reviewed the premises and proposed liquor controlled areas. As I conducted the inspection I noticed the floor layout was similar to the draft provided within the liquor application packet. The main entrance will remain the eastern door which faces the parking lot. They also have an outdoor seating patio area along their eastern wall but do not use it per the landlord's request. The kitchen area will be on the western side of the building to the west of the dining area. On the west side of the dining area will be an enclosed counter(no customer access)with a cooler for liquor. This addition is not yet constructed but is reflected on the submitted plans. Directly behind the kitchen to the west is a walk-in cooler where additional liquor will be stored. Both storage areas are out of reach of customers and unauthorized employees. My inspection indicates the following: • The nearest religious worship facility is: • First Baptist Church of Apache Junction at 235 S. Thunderbird Road • This religious facility is outside the three hundred feet restriction in accordance with A.R.S. 4-207 • There are no known permitted childcare facilities nearby. • Mr. Robert Steward, the applicant and his wife Athena Steward, have had no recent significant contact with the Apache Junction Police Department. Mr. Steward and his wife Athena Steward have had prior experience with restaurant and bar management and are currently studying to take the DLLC approved Basic &Management Liquor Law Training Course. Therefore, with our findings and observations, this police department does not object in approving the liquor license for this establishment as long as all other laws and requirements have been met to the City of Apache Junction, County of Pinal, and State of Arizona. Jillian Bright From: Rudy Esquivias Sent: Monday, August 24, 2020 6:50 PM To: Jillian Bright Cc: Dave Zellner; 'Tina Gerola'; Rick Ochs (rick.ochs@sfmd.az.gov) (rick.ochs@sfmd.az.gov); Jennifer Pena; Maureen Fredrickson; Dana Martin; Larry Kirch Subject: FW: Liquor License App for Momo Bowl Attachments: Application - redacted.pdf, Momo Bowl current floor plan.pdf Hi Jill: The subject property is properly zoned B-1 (General Commercial), which allows restaurants with liquor sales outright. The business occupancy is more than 300 feet from the nearest schools or churches. The Planning Division recommends approval of the liquor license request. However, please be advised that the floor plan submitted with the liquor license application is not the floor plan of the restaurant as currently configured. See the current floor plan of the business approved by building permit number BLD 2017-00350. If it is the applicant's desire to reconfigure the restaurant in the future in accordance with the floor plan submitted with the liquor license application,then please advise the applicant that a building permit will be required prior to remodeling. Thanks. C&ua jEquivica Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Jillian Bright Sent: Tuesday, August 18, 2020 11:01 AM To: Rudy Esquivias; Dave Zellner; 'Tina Gerola'; 'Rick Ochs' Cc: Jennifer Pena; Maureen Fredrickson; Dana Martin Subject: Liquor License App for Momo Bowl Good Afternoon, The city clerk's office has received the attached application for a type 012 restaurant liquor license for Momo Bowl. Please conduct your inspections and submit your department recommendations to me by Tuesday, September 1 st in order for this item to be on the September 15th council meeting. Thank You, i T',77.�-,y7 t Deputy City Clerk City Clerk's Office 480.474.5061 City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: rmcLa,.. City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 11. Piz File ID: 20-423 Sponsor: Janine Solley Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Presentation update on the Apache Junction Small Business and Non-Profit Organization Assistance Grant. At a special meeting on July 14, 2020, the Apache Junction City Council approved Resolution No. 20-23 which allowed city staff to establish and implement a small business and non-profit organization assistance grant program for economic relief during the COVID-19 health emergency. Council stipulated up to $1,221,857.50 to fund the program with $1,021,857.50 designated for small business and $200,000.00 for non-profits. The grant opened on July 21, 2020 and closed on August 25, 2020. Staff will be presenting a summary of the grant program results. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A SMALL BUSINESS AND NON-PROFIT ORGANIZATION ASSISTANCE GRANT PROGRAM IN THE CITY OF APACHE JUNCTION; ALLOCATING THE UNUSED BALANCE FOR PUBLIC SAFETY; AND DECLARING AN EMERGENCY. WHEREAS, local businesses and non-profit organizations are an essential component of a vibrant community and will play an integral role in the recovery from Coronavirus Disease 2019 ("COVID-19") ; and WHEREAS, disruptions to the business community are serious, as businesses are the backbone of the city' s economy and provide the foundation of employment, services for the community and revenue for the city to provide essential public services; and WHEREAS, assistance is necessary to help businesses and non-profit organizations recover and restart; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a Public Health Emergency related to the COVID-19 outbreak; and WHEREAS, on March 11, 2020, Arizona Governor Doug Ducey declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State of Arizona prepare for broader spread of COVID-19; and WHEREAS, on March 20, 2020, the Mayor ratified a Proclamation of Emergency relative to the Covid-19 pandemic issued pursuant to A. R. S . § 26-307, A. R. S. § 26-311, and § 2-2- 4 (D) of the Apache Junction City Code Vol . I; and WHEREAS, on March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security ("CARES") Act, Pub. L. 116-136 (2020) ; and WHEREAS, on May 29, 2020, Governor Ducey informed the city that the state would be offering the city a grant from the AZ Cares Fund which reimburses city public safety costs in the RESOLUTION NO. 20-23 PAGE 1 OF 3 amount of $4, 887, 430 . 00 made available through the federal government from the U. S . Department of Treasury' s Coronavirus Relief Fund ("CRF") Catalog of Federal Domestic Assistance ("CFDA") , Number 21 . 019, as part of the CARES Act; and WHEREAS, on June 30, 2020, the city submitted the grant application for accepting the available funds (grant number ERMT-20-012) which was approved on July 6, 2020; and WHEREAS, these funds were placed in the city' s general fund as a contingency line item in the FY 2020-2021 budget; and WHEREAS, on June 2, 2020, June 15, 2020 and July 6, 2020, the mayor and city council discussed the potential uses of the funds; and WHEREAS, on July 14, 2020, the mayor and city council discussed a grant assistance program that would benefit local businesses and non-profit organizations and stipulated up to a total of 25% or $1, 221, 857 . 50 of the $4, 887, 430 . 00 would fund the program; and WHEREAS, the mayor and city council have unanimously determined that it is in the best interest of the city to assist the city' s business and non-profit organization community with economic relief during the COVID-19 health emergency and enhance the general economic welfare of the community and of the residents and others who frequent businesses in the city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 : City staff shall establish and implement a small business and non-profit organization assistance grant program for economic relief during the COVID-19 health emergency and to enhance the health, safety and welfare of the residents and others who frequent businesses in the city as more fully set forth in Exhibit A, and incorporated herein by this reference. Section 2 : City staff is hereby authorized to negotiate and execute any and all documents and approve all actions necessary to establish and implement the direction and intent of this resolution, and for city staff to effectively administer the grant program set forth in Exhibit A. RESOLUTION NO. 20-23 PAGE 2 OF 3 Section 3 : The mayor and city council have determined the implementation of the city' s grant program enhances the public welfare and its terms and conditions for its recipients are compatible with the restrictions under the AZ Constitution Article 9, § 7 . Section 4 : The remaining balance of unused funds from the program will be allocated to public safety expenses as later determined to be appropriate by the council . Section 5 : It is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, and consistent with the declarations and proclamation of emergency set forth above, an emergency is declared to exist, and this resolution shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED BY THE MAYOR AND CITY CQII.NICIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 202-0 . SIGNED AND ATTESTED TO THIS _!. DAY OF J 202-0. JEFF Y Mayor ATTEST: 11414AA4 4�4 1 vl E NIFER NA y Cle APPROVED AS TO FORM: (07>9r-15.20 RICHARD J. STERN City Attorney RESOLUTION NO. 20-23 PAGE 3 OF 3 EXHIBIT A APACHE JUNCTION SMALL BUSINESS AND NON-PROFIT ORGANIZATION ASSISTANCE GRANT PROGRAM BACKGROUND: During the ongoing COVID-19 worldwide health crisis,the resulting economic impact of executive orders issued at federal, state and local levels that were structured to reduce COVID-19 infections, has filtered down to municipalities and created situations of economic strife. Apache Junction has felt the impacts and recognizes that the city's small business and non-profit organization community has been working very hard to implement mandated physical changes in order to keep their doors open. In addition, some businesses were forced to temporarily close or limit customer occupancy in order to comply with the mandates. In an effort to assist the city's business and non-profit organization community with economic relief and enhance their chance of reemerging from this time of declared emergency, staff has outlined a grant program that will financially assist eligible small businesses and non-profit organizations within the incorporated limits of Apache Junction. The intent is to provide needed resources to stabilize business operations, maintain employment opportunities for residents, and ensure compliance of new health and safety standards brought on by COVID-19. STAFF RECOMMENDATION: Approval of Resolution 20-23 is recommended directing staff to implement a grant program to assist Apache Junction small businesses and non-profit organizations during the city's current declared state of emergency with a one-time reimbursement for COVID-19 related impacts. DISCUSSION: The Apache Junction Small Business and Non-Profit Organization Assistance Grant Program is designed to assist eligible Apache Junction businesses to mitigate some of the economic hardship related to the impact of COVID-19. Eligible expense reimbursements (total maximum of $10,000 per business and $10,000 per non-profit organization but with a total cap for all non-profits of $200,000 of the $1,221,857.50 available with the unused balance for small businesses) one-time should be allowed for any of the following combination: • Up to four month's rent/mortgage (April, May,June, and/or July 2020). • Up to four month's utilities (April, May, June, and/or July 2020) which includes water, electric, internet,gas, and sewer. • Expenditures for Personal Protective Equipment ("PPE") or required business modifications due to COVID-19 mandates and expended during the months of April, May, and/or June 2020 (i.e. installation of plexiglas, social distancing signage, disinfectants). The total amount of reimbursement request for this category may not exceed $750 and is to be calculated as part of the total maximum reimbursement of$10,000. PROGRAM CRITERIA: • For-profit businesses and non-profit organizations located at a physical, commercially zoned address within the Apache Junction city limits. • Held a valid City of Apache Junction business license or non-profit organization operating license on or before March 1, 2020 and continue to be in good standing and still in business at the time of application. • Are not a company-owned franchise. • Provides documentation that its business income/sales have been reduced by at least 25% due to COVID-19 starting in January through date of application submittal. INELIGIBLE APPLICANTS: • Home-based businesses • Corporate-owned/operated franchises. • Publicly held companies. • Real estate investment firms. • Dealers of rare coins and stamps. • Firms involved in lending activities such as banks, credit unions, check cashing, finance companies, leasing companies, payday loan companies, insurance companies (not agents), pawn shops, and any other firm whose stock in trade is money. • Pyramid sales plans where a participant's primary incentive is based on the sales made by an ever-increasing number of participants to include cosmetic, household goods and other soft goods sales. • Firms engaged in illegal activities. • Gambling activities, including any business whose principal activity is gambling. While this precludes grants to racetracks, casinos and similar enterprises, the rule does not restrict grants to otherwise eligible businesses which obtain less than one-third of their annual gross income from either the sale of official state lottery tickets under a state license, or legal gambling activities licensed and supervised by a state authority, including businesses with an off-track betting license. • Principal or owner of the business is currently incarcerated or on parole. • Any business owned, in whole or in part, by an Apache Junction official or employee who, in their official capacity, participates in or votes on the oversight, development, or implementation of the Apache Junction Small Business Assistance Grant Program contrary to A.R.S. § 38-503. This exclusion also includes any business owned by a relative of such public officer or employee contrary to A.R.S. § 38-502(9). • Companies with legal actions involving the City of Apache Junction, including but not limited to code enforcement liens and other criminal and civil lawsuits. • This list of ineligible businesses may be updated by the city as the program continues. PROGRAM TIMEFRAME: Applications will be accepted from July 21, 2020 through August 25, 2020. Grants will be awarded on a rolling basis until funding is exhausted or the grant period closes,whichever comes first. PROCESS REQUIREMENTS: • Complete application and all required supporting documents. • Provide copies of paid receipts or proof of payment for eligible expense reimbursement. • Attach copy of a W-9 form from the IRS. • Attach copy of City of Apache Junction business license that was issued before March 1, 2020 and that is still in effect. • Acknowledge with signature that all submittals and statements are true and accurate. • Staff will review applications with a review committee appointed by the city manager. • Staff will make a decision within ten (10) calendar days from receipt of a complete submittal. • Requesting party can appeal decision to the city manager, whose decision will be final, subject only to a Superior Court judicial officer. • No appeal is available before the city council or any board or commission. APPLICATION INFORMATION/DOCUMENTATION TO BE REQUESTED Business Name: Primary Business Owner: Applicant Name and Title (if not owner): Physical Business Address: Zip Code: Owner Home Address: Zip Code: Email: Business Phone Number: Business Website Address: Date first opened in Apache Junction: Employer Identification Number(EIN)or Tax ID: Current Number of Full Time Employees: Current Number of Part Time Employees: Amount of RENT/MORTGAGE Reimbursement Requested (total)$ Rent receipts/proof of Payment Attachments:Y N Amount of UTILITY Reimbursement Requested (total)$ Utility receipts/proof of Payment Attachments:Y N Amount of PPE or modification requirement due to mandates Reimbursement Requested ($750 maximum for this category): PPE/modification receipts/proof of Payment Attachments:Y N Was your business negatively impacted by at least 25% or more in sales due to COVID-19 since January 31, 2020 when the United States Department of Health and Human Services declared a Public Health Emergency? Please provide supporting documentation (i.e. income statements, historic sales reports, etc.). Y N What type of Federal CARES Act funding or COVID-19 assistance has your business received and what amount, if any, and from which governmental entities? Business Owner/Contact Signature By signing below, I certify that: The information provided on this application is complete and accurate to the best of my knowledge. I have read and understand the Apache Junction Small Business Grant Program Criteria and Requirements. I understand that submission of an application does not entitle my business to grant funding. I understand that only expenses, which have been approved in writing by the city, will be reimbursed. I understand that my business must make and pay for expenses and submit proof to the city for reimbursement. I will provide requested performance data related to the use of funds for expenses as outlined in the grant guidelines. Printed Name Signature Date ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 12. �Piz oN* File ID: 20-428 Sponsor: Fox Young Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Discussion and update on Friends of Apache Junction, Community Development Corporation (CDC) and Corporate Sponsorship. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 O� PQACHf �G� n� '�R/ ZONP Friends of Apache Junction 1 . Over $ 50 , 000 donated to FOAJ to support the community so far in 2020 . 2 . This year FOAJ has provided over $ 30 000 for city events , programs and improvements . Friends of Apache Junction 3 . Approved a donation of over $ 12 , 000 for AJPD police radios for Paws and Claws . 4 . Unfortunately, fundraising events like the golf tournament had to be cancelled due to the coronavirus . A PAC H E JUNCTION C O M M U N I T Y D E V E L O P M E N T C 0 R P 0 R AT 1 0 N building community pride one brick at a time AJ Community Development Corp . 1 . Community Revitalization : Focused on cleaning up the community by helping those in need maintain their property. - Yard cleanups - Trash/debris removal - Minor household repair Saturday October 10, 2020 8:00 am to Noon MAKE A DIFFERENCE DAY z � a = � W O J 3. v v Q a � • z � � o a DOING GOOD Join the City of Apache Junction, loc`d non-profits, *our neighbors :End friends to make a difference in your community by helping those in need. 4'olunteer lloday! S � 4 • • • - ' ' ' Visit us at www.apacheounctioncdc.com.for all the latest updates APACHE JUNCTION c Y r u r I r T O 1 YElO ► YEMi C 0 A F 0 2 A T 1 0 r buJdmq community pale one back of a tome Volunteer or Ah • , • Together We Can Make fth, Nominate a Project Apache Junction Contact Fox Young The Best Cityfyoung@al city.net 480-474-5086 O`� PeACH� ✓G�(i '�R / ZONP Total City Benefit $ 25920 In partnership revenue so far in 2020 m Corporate Partnerships 1 . Park and Recreation Department $24 , 000 2 . AJ Public Library $ 1 , 920 Thank You To those who have helped support our community ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. QitoN►' File ID: 20-442 Sponsor: Matt Busby Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of approval for Resolution No. 20-32 for authorization to enter into an Intergovernmental Agreement for mutual aid with the Arizona Water and Wastewater Agency Response Network. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 RESOLUTION NO. 20-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY' S CONSENT FOR SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 . (-SMCFD") EXTENSION OF EMERGENCY UTILITY SERVICES TO PERSONS OUTSIDE SMCFD' S DISTRICT THROUGH THE ARIZONA WATER/WASTEWATER AGENCY RESPONSE NETWORK INTERGOVERNMENTAL AGREEMENT. WHEREAS, the Superstition Mountains Community Facilities District No. 1 ("SMCFD") , the sewer provider for a portion of the city, has, through SMCFD Resolution No . 20-03, entered into a mutual aid agreement with Arizona Water/Wastewater Agency Response Network ("AZ WARN") ; and WHEREAS, AZ WARN is a statewide mutual assistance program among water and wastewater utilities which makes available emergency resources when services are threatened due to unforeseen interruptions as a result of natural or human caused disasters; and WHEREAS, pursuant to A.R. S . § 48-709 (A) (14) the city must consent to the extension of services to customers outside of SMCFD' s district by SMCFD through the AZWARN Mutual Aid Agreement ("AZWARN MAA") ; and WHEREAS, this resolution provides the required city consent. 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 consent to SMCFD' s extension of benefits under the AZWARN MAA for services outside of its district as set forth in Attachment A. 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. 20-32 PAGE 1 OF 2 JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-32 PAGE 2 OF 2 ATTACHMENT A Final December 18,2018 AZWARN MUTUAL AID AGREEMENT (AZWARN MAA) AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK (Effective March 30,2019-Supersedes all prior versions and AZWARN Agreements) This Agreement is made and entered into by and among Municipalities, Municipal Corporations,Counties,Districts,Public Agencies and Private Water and Wastewater Utilities that have executed this Agreement to better respond to water and wastewater emergencies. RECITALS WHEREAS, the Arizona Water and Wastewater Agency Response Network ("AZWARN")was created by its member agencies on or about March,2008; and WHEREAS, the Members desire to enter into a new agreement to further clarify the relationship among them and to provide a mechanism whereby additional entities,including private water and wastewater utilities, can join the AZWARN,pursuant to A.R.S.§26-301 et seq.; and WHEREAS, Members of the AZWARN recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to cooperate to meet the need for mutual aid in emergencies; and; WHEREAS, the signatories to this Agreement recognize that it would be beneficial to have established a plan and procedures in case of emergencies; and WHEREAS, the signatories to this Agreement are authorized to enter into mutual aid agreements pursuant to A.R.S. §26-301 et seq.; and WHEREAS, one or more members to this Agreement may find it necessary to utilize all of their own resources to cope with an emergency and may require the assistance of another member or other members; and WHEREAS,pursuant to A.R.S.§26-309,this Agreement is required to address the manner of financing such cooperative undertakings in advance of such emergency; and NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the Members hereto as follows: AGREEMENT Article 1. Purpose and Scope 1.1 Purpose: The Members recognize that emergencies may overwhelm the ability of a water and or wastewater utility to provide services to its customers. These emergencies may require assistance in the form of personnel, equipment, services, and supplies from outside the area of the impact of the emergency. Therefore, the Arizona Water and Wastewater Agency Response Final December 18,2018 Network ("AZWARN") Member utilities hereby re-establish within the State of Arizona an Intrastate Program for Mutual Assistance ("Mutual Assistance Program") and create a statewide Arizona Water and Wastewater Agency Response Network("AZWARN"). Through the Mutual Assistance Program and AZWARN,the Members will coordinate response activities and may share resources during emergencies. This Agreement sets forth the procedures for the administration of this Mutual Assistance Agreement and AZWARN. 1.2 Scope: The scope of this Agreement is to(1)provide procedures to notify Members of the need for assistance; (2) provide procedures for Members to request assistance; (3) provide a mechanism for compensation for resources; and (4) continue AZWARN as redefined herein to implement this Agreement. Article 2. Definitions 2.1 Agreement means this Mutual Aid Agreement, among Members of AZWARN and amendments of the agreement as approved by its Members. 2.2 Associate: Any non-utility participant,approved by the AZWARN Board,which provides a support role for the AZWARN program. These participants are nonvoting and are not a Party to this Agreement. 2.3 Authorized Designee means an employee of a Member that is authorized by the Member's governing body to request assistance, offer assistance, or declare emergencies under this Agreement. 2.4 Authorized Executive means the Member official or officer with the authority to enter into contracts and agreements. 2.5 AZWARN (Arizona Water and Wastewater Agency Response Network) means an organizational body of Member representatives. Each Member has one representative. 2.6 AZWARN Board means the Chairperson and eight other Member representatives elected at large among AZWARN Member representatives. 2.7 AZWARN Chairperson means the Member Representative elected by a majority vote of AZWARN. This person is responsible for chairing AZWARN meetings,giving notices as required by this Agreement and is authorized to execute actions approved by Resolutions of AZWARN. 2.8 Backfill means the salary of replacement personnel who perform the regular duties of other personnel who are deployed under this mutual aid agreement. 2.9 Coordinator means a person assigned by AZWARN to provide services as directed by AZWARN such as managing a website,special communication hub,or grant management. 2.10 Costs mean the actual expenditures of funds by Responding Member, including backfill and indirect costs. 2.11 Emergency means any event, natural or man-made, that is, or is likely to be, beyond the available services,personnel, equipment and facilities of an AZWARN Member. Final December 18,2018 2.12 Governing Body means the authoritative body (e.g., city or town council, board of supervisors,district board,state agencies,or board of directors)elected,appointed,or hired to manage the affairs of the Member with appropriate authority to enter into this Agreement. 2.13 Indirect Costs means 10%of the total expenditures of funds by the Responding Member. 2.15 Member means a participating entity or agency in the AZWARN. 2.16 National Incident Management System (NIMS) means the national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. 2.17 Period of Assistance means a specified period of time when a Responding Member assists a Requesting Member. It begins with the Requesting Members' notice of acceptance of aid and ends when either the Responding Member or Requesting Member terminates the aid pursuant to notice provisions of this Agreement. 2.18 Requesting Member means a Member who requests assistance in accordance with the terms and conditions of this Agreement. 2.19 Responding Member means a Member that responds to a request for assistance in accordance with the terms and conditions of this Agreement. Article 3. Implementation 3.1 This Agreement will be implemented through AZWARN. Each Member to the Agreement will select a Member representative who will each have one vote. The Member representatives will elect a Chairperson and eight(8)Board Members. The existing Board and Chairperson under the original AZWARN agreement shall act as the Board and Chairperson under this Agreement until such time as the Members meet and elect a new Board and Chairperson. Provided,no person shall serve as a Board Member or Chairperson unless the Agency or Entity which he or she represents has adopted this Agreement. The Chairperson and each AZWARN Board Member will have one vote for Board business. At any time that membership in AZWARN does not exceed twenty(20)Members,a representative from each of the existing Members of AZWARN will serve as the Board instead. 3.2 AZWARN Member representatives will meet annually to elect a Chairperson, Board and Officers, review this Agreement as well as facilitate, plan and coordinate emergency planning, response activities, and training exercises under this agreement. 3.3 The AZWARN Board, will adopt resolutions, policies, procedures, operational plans and by-laws. Any existing resolutions, policies, procedures, operational plans, or by-laws from the original AZWARN shall be automatically adopted for this Agreement until changed or modified as provided herein. 3.4 Whenever the Governor declares a State emergency or disaster,or if a request for assistance is made to DEMA under this Agreement,notwithstanding the language herein,the Deputy Director of the Arizona Department of Emergency and Military Affairs(DEMA) may at his or her discretion assume complete command and control over the response to the event in issue,as well as complete control over the training, coordinating, and planning in preparation for the same, to the extent Final December 18,2018 allowed and authorized in A.R.S. §§26-301-308. Said authority supersedes any grant of authority or decision making as set forth in this Agreement. Article 4. Funding 4.1 The AZWARN Board will be responsible for developing and adopting an annual budget and establishing funding sources. 4.2 The AZWARN Board may authorize a Member or Associate to accept grants, gifts and other sources of funds on behalf of the interests of AZWARN. Implementation of this Agreement may be funded by voluntary annual contributions necessary to meet costs of administration and sustaining this Agreement. Article 5. Procedures for Requesting Assistance 5.1 Member Responsibility. Each Member will identify an Authorized Designee or the Authorized Designee's delegate to provide contact information, including 24 hour contact, and maintain relatively current resource information made available by the utility for mutual assistance response. 5.2 Requests for Assistance. In the event of an Emergency,a Member's Authorized Designee may request mutual assistance from any other Participating Member(s). The request for assistance may also be transmitted to the AZWARN Coordinator. Requests for assistance may be made orally or in writing. When made orally, the request for assistance shall be followed by a written request as soon as practicable but no more than(10)working days after the oral request was made. Specific protocols for requesting assistance will be provided in the AZWARN Operational Plan approved by the AZWARN Board. 5.3 Response to a Request for Assistance. After a Member receives a request for assistance, the Authorized Designee evaluates whether resources are available to respond to the request for assistance. Following the evaluation,the Authorized Designee will notify,as soon as possible,the Requesting Member whether it has the resources to respond. If the Member is willing and able to provide assistance,the Member will: (1)notify the Requesting Member about the type of available resources;(2)notify the Requesting Member of the approximate arrival time of such assistance;(3) inform the Requesting Member of any special requirements needed to utilize the resources;and(4) inform the Requesting Member if there are any variations from the reimbursement provisions of this Agreement. Acceptance of this offer of assistance by the Requesting Member commences the Period of Assistance. 5.3.1 Any Period of Assistance commencing prior to the effective date of this Agreement but continuing until after the effective date of this Agreement shall be considered to be subject to the terms of this Agreement for the entire period unless either the Requesting Member or the Member receiving assistance has not adopted this Agreement in which case the agreement in place between the Members at the time of commencement of the Period of Assistance shall be controlling. Whenever the Governor declares a State emergency or disaster, or if a request for assistance is made to DEMA under this Agreement, all requests for assistance to DEMA and associated procedures/plans must conform to A.R.S. § 26-301 et. seq. 5.4 Discretion of Responding Member. Execution of this Agreement does not create any duty to provide assistance. When a Member receives a request for assistance, the Authorized Designee will have absolute discretion as to the availability of resources and choice of providing Final December 18,2018 assistance. An Authorized Designee's decisions on the availability of resources will be final and not subject to legal challenge. 5.5 Right to Withdraw. The Responding Member's Authorized Designee retains the right to withdraw some or all of its resources upon 24 hours' notice. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Designee. In the event any unsafe conditions pose a threat to personnel or equipment,the Responding Member may withdraw any or all of its resources upon notice. Article 6. Responding Member Personnel 6.1 National Incident Management System. Assistance provided under this Agreement will be consistent with the National Incident Management System(NIMS). 6.2 Control. Personnel sent by a Responding Member will remain under the direct supervision and control of the Responding Member. The Requesting Member's Authorized Designee will coordinate response activities with the designated supervisor(s) of the Responding Member(s). Under no circumstances shall an employee of a Responding Member be considered an employee of a Requesting Member. 6.3 Food and Shelter. The Requesting Member will supply reasonable food and shelter for Responding Member personnel. If the Requesting Member fails to provide food and shelter to Responding personnel,the Responding Member's designated supervisor is authorized to purchase the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed the per diem rates established by the State of Arizona. The Requesting Member remains responsible for reimbursing Responding Member for all costs associated with providing food and shelter, if such resources are not provided by the Requesting Member. 6.4 Communication. The Requesting Member will provide or make arrangements for appropriate communication equipment for Responding Member personnel. 6.5 Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Article 7. Reimbursement 7.1 Unless otherwise mutually agreed in whole or in part, the Requesting Member will reimburse the Responding Member for costs as outlined in 7.2 through 7.4 that Responding Member incurred while providing aid during the specified Period of Assistance. 7.2 Personnel. Requesting Member will pay Responding Member for work completed by Responding Member personnel during a specified Period of Assistance according to the terms provided in their employment contracts or other conditions of employment. The supervisor(s) designated by the Responding Member must keep accurate records of work performed by personnel during the specified Period of Assistance. Reimbursement must include all personnel costs, including salaries or hourly wages (including overtime and backfill), costs of fringe benefits, and indirect costs when reimbursing Responding Member. 7.3 Equipment. The Requesting Member will reimburse the Responding Member for the use of equipment during a specified Period of Assistance. Requesting Member will use equipment Final December 18,2018 rates based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. In the event of the use of equipment not included in the schedule of equipment rates, the Responding Member must provide such rates in writing to the Requesting Member prior to supplying resources. The Requesting Member and Responding Member must mutually agree, in writing, on rates prior to Responding Member's dispatch of equipment. 7.4 Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost,plus handling charges,for use of expendable or non- returnable supplies. The Responding Member will not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean,damage-free condition. The Responding Member and Requesting Member will treat reusable supplies that are returned to the Responding Member with damage as expendable supplies for purposes of cost reimbursement. 7.5 Reimbursement Procedures. The Responding Member must provide an itemized invoice to the Requesting Member for all expenses it incurred as a result of providing assistance under this Agreement. The Responding Member will submit the itemized invoice to the Requesting Member no later than ninety (90) days following the end of the Period of Assistance. The Requesting Member will pay the full amount due no later than forty-five(45) days following the invoice date. Any amount that Responding Member leaves unpaid after 45 days will accrue interest at the statutory annual interest rate of 10%pursuant to A.R.S. § 44-1201. 7.6 Personnel Compensation and Insurance. The Requesting Member and the Responding Member will be responsible for all compensation and insurance coverage of their respective employees and equipment,if any,involved with mutual aid and consistent with A.R.S. §26-314.13. Article 8. Water Rights 8.1 This Agreement will not affect water rights nor create any transfer of water rights. Members do not intend for this Agreement to serve as a means of drought relief. Drought will not be considered an emergency under the terms of this Agreement. Article 9. Protected Information,Statewide Critical Infrastructure and Disclosure 9.1 To the extent permitted by the Statewide Critical Infrastructure Information System Disclosure Law, A.R.S. § 41-1803 et seq., the Arizona Public Records Law, A.R.S. § 39-101 et seq., and other applicable laws, all Members will maintain the strictest confidence and will take all reasonable steps necessary to prevent the disclosure of any protected information disclosed under this Agreement. It is the responsibility of the owner of the protected information to mark, label,or otherwise identify what is protected information. If any Member,or other entity requests or demands,by subpoena or otherwise,that a Member disclose any protected information disclosed under this Agreement,the Member will immediately notify the owner of the protected information giving the owner the opportunity to take necessary steps to protect the information. The Member will take all reasonable steps necessary to prevent the disclosure of this information by asserting all applicable rights and privileges with respect to such information and will cooperate fully in any judicial or administrative proceeding relating thereto. Final December 18,2018 Article 10. Dispute Resolution 10.1 If any controversy or claim arises out of or relating to the Agreement, including but not limited to an alleged breach of the Agreement,Members are encouraged to first resolve the dispute amongst themselves through informal dispute resolution and then non-binding mediation if necessary.Members may agree on other escalating forms of dispute resolution.This provision does not waive any right of any party to file the claim in the appropriate court having Jurisdiction. Article 11. Indemnification 11.1 Each Member(as "Indemnitor") agrees to indemnify, defend and hold harmless the other Member(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 (hereinafter collectively referred to as"claims"),but only to the extent that such claims both which(a)result in vicarious or derivative liability to the Indemnitee, and (b) are caused by the act, omission, negligence, misconduct,or other fault of the Indemnitor,its officers,officials,agents,employees or volunteers. This indemnification shall survive termination of this Agreement or the termination of the participation of any of its Members. Except as otherwise provided in this paragraph 11.1, each Member will bear the risk of its own actions, as it does with its operations. Article 12. Worker's Compensation Claims 12.1 Each Member is responsible for providing Workers' Compensation benefits and administering Workers' Compensation for its own personnel as it would in the normal course of business.Each Member will be responsible for any injuries which may occur to their own personnel during the course of rendering mutual assistance pursuant to this Agreement. A.R.S. §23-1022 shall apply where applicable. Article 13. Notice of Claim or Suit 13.1 A Member who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agreement will provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. Article 14. Insurance 14.1 Each Member will determine for itself what kinds of insurance,(including self-insurance), and in what amounts, it should carry. Nothing herein will act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Member may enjoy. Article 15. Effective Date 15.1 Effective Date. This Agreement will become effective for each Member upon the effective date set forth above or after approval by its Governing Body or Authorized Executive, whichever comes later. Final December 18,2018 15.2 Term. Except as otherwise provided in this Agreement, this Agreement will terminate June 30,2030 unless extended.Upon termination any involved property shall revert to the original owner unless conveyed to another participant pursuant to the terms of this Agreement. Article 16. Withdrawal 16.1 Any Member may terminate its participation in this Agreement through written instrument of its Governing Body or Authorized Executive which gives notice of termination of participation in this Agreement and providing a copy to the AZWARN Chairperson. This Agreement is terminated as to such Member twenty (20) days after the date received by the AZWARN Chair. The termination by one or more of the Members of its participation in this Agreement will not affect the operation of this Agreement as between the other Members thereto. Article 17. Non-Appropriation 17.1 Notwithstanding any other provision in this Agreement, any Member may withdraw from this Agreement if for any reason the Member's Governing Body does not appropriate sufficient monies for the purposes of this Agreement. In such event, a withdrawing Member will have no further obligation to the other Members other than for payment for services rendered prior to withdrawal. Article 18. Prohibition of Third Parties and Assignment of Rights and Duties 18.1 This Agreement is for the sole benefit of the Members and no person or entity may have any rights under this Agreement as a third-Member beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited. 18.2 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not Members or affect the legal liability of any Member by imposing any standard of care different from the standard of care imposed by law. Article 19. Other Mutual Aid and Assistance Agreements 19.1 Nothing in this Agreement will limit any Member's ability to continue with, or enter into, other mutual aid or assistance agreements. Article 20. Americans with Disabilities Act 20.1 Each Member will comply with 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. Article 21. Non-Discrimination 21.1 No Member will discriminate against any employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out Member duties pursuant to this Agreement. Each Member will comply with the provisions of Executive Order 2009-9, which is incorporated into this Agreement by reference,as if set forth in full herein. Final December 18,2018 Article 22. Compliance with Laws 22.1 Each Member will comply with all federal,state and local laws,rules regulations,standard and Executive Orders,without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona will govern the rights of the Members, the performance of the Agreement and any disputes hereunder. Any changes in the governing laws,rules and regulations during the terms of this Agreement will apply but do not require an amendment of this Agreement. Unless preempted by applicable law, any Member entering this Agreement hereby certifies that it is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel as set forth in A.R.S. §35-393.01;however,the District Court of Arizona recently enjoined A.R.S. § 35-393.01 and until such time as the Court's injunction is stayed or otherwise lifted, the Anti-Israel Boycott Provision is unenforceable and no signatory to this Agreement will take action to enforce it. Article 23. Entire Agreement 23.1 This document constitutes the entire agreement among the Members pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written,are hereby superseded and merged herein. This Agreement will not be modified,amended, altered or extended except through a written amendment approved by the Members' Governing Bodies, or Authorized Executives. Article 24. Jurisdiction 24.1 Nothing in this Agreement will be construed as otherwise limiting or extending the legal jurisdiction of any Member. Nothing in this Agreement is intended to confer any rights or remedies to any person or entity that is not a Member under this Agreement. Article 25. Conflict of Interest 25.1 This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38- 511,the pertinent provisions of which are incorporated herein by reference. Article 26. Severability 26.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Article 27. Responsibility of the State of Arizona 27.1 Nothing within this Agreement limits or restricts the duties and obligations of the State of Arizona to respond to the Emergency of any Member. Final December 18,2018 MUTUAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK County Signature Page COUNTY IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Chair County Board of Supervisors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Deputy County Attorney County Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK City Signature Page City of IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, City of ATTEST: Date: City Clerk Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: City Attorney City of Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Town Signature Page Town of IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, Town of ATTEST: Date: Town Clerk Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Town Attorney Town of Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Political Subdivision Signature Page IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Board of Directors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of a political subdivision under the laws of the State. Date: General Counsel Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK District Signature Page District IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Chairman, Board of Directors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: the attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: General Counsel District Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Public Agency Signature Page State of Arizona IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Director, Department of ATTEST: Date: Deputy Director Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Attorney General State of Arizona Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Private Water or Wastewater Utility IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the Utility in the Agreement by formal approval of the Utilities' Governing Body. BY: Date: Title: Administration Department 5661 S. Ironwood Dr. Apache Junction,AZ 85120 Office: (480) 941-6754 Fax: (480) 671-3180 MANAGEMENT REPORT SUBJECT: Management is seeking approval to enter into an agreement for mutual aid to be used in times of water and wastewater emergencies. If the Board agrees, it will: Move to authorize and approve the District to enter into the AZWARN Mutual Aid Agreement. BACKGROUND AND DISCUSSION: The WARN (Water and Wastewater Agency Response Network) program is a nationwide project supported by the American Water Works Association and the Environmental Protection Agency. The purpose of a WARN is to provide a method by which water and wastewater utilities, that have sustained or anticipate damages from a natural or human-caused incident, can provide and receive emergency aid and assistance. This can be in the form of personnel, equipment, materials and other services. AzWARN is a mutual assistance program for water and wastewater utilities within Arizona. This volunteer based network allows utilities around the state to assist each other during emergencies. Participating utilities provide contact information and a list of resources that could be used during an emergency. The Apache Junction Water District (WUCFD) is also involved in this program. Management believes that this agreement will allow the District to gain closer ties to neighboring utilities that will ultimately benefit the District and its customers during times of emergency. FISCAL IMPACT: Participating in this program does not obligate the District to provide assistance. Costs associated with aid given under this agreement are to be reimbursed by the utility requesting the aid. AzWARN requests that network members help contribute to the administrative funding of the program. Management proposes to budget $250 annually for this membership. AzWARN Regular Board Meeting August 25, 2020 Final December 18,2018 AZWARN MUTUAL AID AGREEMENT (AZWARN MAA) AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK (Effective March 30,2019-Supersedes all prior versions and AZWARN Agreements) This Agreement is made and entered into by and among Municipalities, Municipal Corporations,Counties,Districts,Public Agencies and Private Water and Wastewater Utilities that have executed this Agreement to better respond to water and wastewater emergencies. RECITALS WHEREAS, the Arizona Water and Wastewater Agency Response Network ("AZWARN")was created by its member agencies on or about March,2008; and WHEREAS, the Members desire to enter into a new agreement to further clarify the relationship among them and to provide a mechanism whereby additional entities,including private water and wastewater utilities, can join the AZWARN,pursuant to A.R.S.§26-301 et seq.; and WHEREAS, Members of the AZWARN recognize the value of cooperative efforts in responding to water and wastewater utility emergencies and intend to cooperate to meet the need for mutual aid in emergencies; and; WHEREAS, the signatories to this Agreement recognize that it would be beneficial to have established a plan and procedures in case of emergencies; and WHEREAS, the signatories to this Agreement are authorized to enter into mutual aid agreements pursuant to A.R.S. §26-301 et seq.; and WHEREAS, one or more members to this Agreement may find it necessary to utilize all of their own resources to cope with an emergency and may require the assistance of another member or other members; and WHEREAS,pursuant to A.R.S.§26-309,this Agreement is required to address the manner of financing such cooperative undertakings in advance of such emergency; and NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the Members hereto as follows: AGREEMENT Article 1. Purpose and Scope 1.1 Purpose: The Members recognize that emergencies may overwhelm the ability of a water and or wastewater utility to provide services to its customers. These emergencies may require assistance in the form of personnel, equipment, services, and supplies from outside the area of the impact of the emergency. Therefore, the Arizona Water and Wastewater Agency Response Final December 18,2018 Network ("AZWARN") Member utilities hereby re-establish within the State of Arizona an Intrastate Program for Mutual Assistance ("Mutual Assistance Program") and create a statewide Arizona Water and Wastewater Agency Response Network("AZWARN"). Through the Mutual Assistance Program and AZWARN,the Members will coordinate response activities and may share resources during emergencies. This Agreement sets forth the procedures for the administration of this Mutual Assistance Agreement and AZWARN. 1.2 Scope: The scope of this Agreement is to(1)provide procedures to notify Members of the need for assistance; (2) provide procedures for Members to request assistance; (3) provide a mechanism for compensation for resources; and (4) continue AZWARN as redefined herein to implement this Agreement. Article 2. Definitions 2.1 Agreement means this Mutual Aid Agreement, among Members of AZWARN and amendments of the agreement as approved by its Members. 2.2 Associate: Any non-utility participant,approved by the AZWARN Board,which provides a support role for the AZWARN program. These participants are nonvoting and are not a Party to this Agreement. 2.3 Authorized Designee means an employee of a Member that is authorized by the Member's governing body to request assistance, offer assistance, or declare emergencies under this Agreement. 2.4 Authorized Executive means the Member official or officer with the authority to enter into contracts and agreements. 2.5 AZWARN (Arizona Water and Wastewater Agency Response Network) means an organizational body of Member representatives. Each Member has one representative. 2.6 AZWARN Board means the Chairperson and eight other Member representatives elected at large among AZWARN Member representatives. 2.7 AZWARN Chairperson means the Member Representative elected by a majority vote of AZWARN. This person is responsible for chairing AZWARN meetings,giving notices as required by this Agreement and is authorized to execute actions approved by Resolutions of AZWARN. 2.8 Backfill means the salary of replacement personnel who perform the regular duties of other personnel who are deployed under this mutual aid agreement. 2.9 Coordinator means a person assigned by AZWARN to provide services as directed by AZWARN such as managing a website,special communication hub,or grant management. 2.10 Costs mean the actual expenditures of funds by Responding Member, including backfill and indirect costs. 2.11 Emergency means any event, natural or man-made, that is, or is likely to be, beyond the available services,personnel, equipment and facilities of an AZWARN Member. Final December 18,2018 2.12 Governing Body means the authoritative body (e.g., city or town council, board of supervisors,district board,state agencies,or board of directors)elected,appointed,or hired to manage the affairs of the Member with appropriate authority to enter into this Agreement. 2.13 Indirect Costs means 10%of the total expenditures of funds by the Responding Member. 2.15 Member means a participating entity or agency in the AZWARN. 2.16 National Incident Management System (NIMS) means the national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. 2.17 Period of Assistance means a specified period of time when a Responding Member assists a Requesting Member. It begins with the Requesting Members' notice of acceptance of aid and ends when either the Responding Member or Requesting Member terminates the aid pursuant to notice provisions of this Agreement. 2.18 Requesting Member means a Member who requests assistance in accordance with the terms and conditions of this Agreement. 2.19 Responding Member means a Member that responds to a request for assistance in accordance with the terms and conditions of this Agreement. Article 3. Implementation 3.1 This Agreement will be implemented through AZWARN. Each Member to the Agreement will select a Member representative who will each have one vote. The Member representatives will elect a Chairperson and eight(8)Board Members. The existing Board and Chairperson under the original AZWARN agreement shall act as the Board and Chairperson under this Agreement until such time as the Members meet and elect a new Board and Chairperson. Provided,no person shall serve as a Board Member or Chairperson unless the Agency or Entity which he or she represents has adopted this Agreement. The Chairperson and each AZWARN Board Member will have one vote for Board business. At any time that membership in AZWARN does not exceed twenty(20)Members,a representative from each of the existing Members of AZWARN will serve as the Board instead. 3.2 AZWARN Member representatives will meet annually to elect a Chairperson, Board and Officers, review this Agreement as well as facilitate, plan and coordinate emergency planning, response activities, and training exercises under this agreement. 3.3 The AZWARN Board, will adopt resolutions, policies, procedures, operational plans and by-laws. Any existing resolutions, policies, procedures, operational plans, or by-laws from the original AZWARN shall be automatically adopted for this Agreement until changed or modified as provided herein. 3.4 Whenever the Governor declares a State emergency or disaster,or if a request for assistance is made to DEMA under this Agreement,notwithstanding the language herein,the Deputy Director of the Arizona Department of Emergency and Military Affairs(DEMA) may at his or her discretion assume complete command and control over the response to the event in issue,as well as complete control over the training, coordinating, and planning in preparation for the same, to the extent Final December 18,2018 allowed and authorized in A.R.S. §§26-301-308. Said authority supersedes any grant of authority or decision making as set forth in this Agreement. Article 4. Funding 4.1 The AZWARN Board will be responsible for developing and adopting an annual budget and establishing funding sources. 4.2 The AZWARN Board may authorize a Member or Associate to accept grants, gifts and other sources of funds on behalf of the interests of AZWARN. Implementation of this Agreement may be funded by voluntary annual contributions necessary to meet costs of administration and sustaining this Agreement. Article 5. Procedures for Requesting Assistance 5.1 Member Responsibility. Each Member will identify an Authorized Designee or the Authorized Designee's delegate to provide contact information, including 24 hour contact, and maintain relatively current resource information made available by the utility for mutual assistance response. 5.2 Requests for Assistance. In the event of an Emergency,a Member's Authorized Designee may request mutual assistance from any other Participating Member(s). The request for assistance may also be transmitted to the AZWARN Coordinator. Requests for assistance may be made orally or in writing. When made orally, the request for assistance shall be followed by a written request as soon as practicable but no more than(10)working days after the oral request was made. Specific protocols for requesting assistance will be provided in the AZWARN Operational Plan approved by the AZWARN Board. 5.3 Response to a Request for Assistance. After a Member receives a request for assistance, the Authorized Designee evaluates whether resources are available to respond to the request for assistance. Following the evaluation,the Authorized Designee will notify,as soon as possible,the Requesting Member whether it has the resources to respond. If the Member is willing and able to provide assistance,the Member will: (1)notify the Requesting Member about the type of available resources;(2)notify the Requesting Member of the approximate arrival time of such assistance;(3) inform the Requesting Member of any special requirements needed to utilize the resources;and(4) inform the Requesting Member if there are any variations from the reimbursement provisions of this Agreement. Acceptance of this offer of assistance by the Requesting Member commences the Period of Assistance. 5.3.1 Any Period of Assistance commencing prior to the effective date of this Agreement but continuing until after the effective date of this Agreement shall be considered to be subject to the terms of this Agreement for the entire period unless either the Requesting Member or the Member receiving assistance has not adopted this Agreement in which case the agreement in place between the Members at the time of commencement of the Period of Assistance shall be controlling. Whenever the Governor declares a State emergency or disaster, or if a request for assistance is made to DEMA under this Agreement, all requests for assistance to DEMA and associated procedures/plans must conform to A.R.S. § 26-301 et. seq. 5.4 Discretion of Responding Member. Execution of this Agreement does not create any duty to provide assistance. When a Member receives a request for assistance, the Authorized Designee will have absolute discretion as to the availability of resources and choice of providing Final December 18,2018 assistance. An Authorized Designee's decisions on the availability of resources will be final and not subject to legal challenge. 5.5 Right to Withdraw. The Responding Member's Authorized Designee retains the right to withdraw some or all of its resources upon 24 hours' notice. Notice of intention to withdraw must be communicated to the Requesting Member's Authorized Designee. In the event any unsafe conditions pose a threat to personnel or equipment,the Responding Member may withdraw any or all of its resources upon notice. Article 6. Responding Member Personnel 6.1 National Incident Management System. Assistance provided under this Agreement will be consistent with the National Incident Management System(NIMS). 6.2 Control. Personnel sent by a Responding Member will remain under the direct supervision and control of the Responding Member. The Requesting Member's Authorized Designee will coordinate response activities with the designated supervisor(s) of the Responding Member(s). Under no circumstances shall an employee of a Responding Member be considered an employee of a Requesting Member. 6.3 Food and Shelter. The Requesting Member will supply reasonable food and shelter for Responding Member personnel. If the Requesting Member fails to provide food and shelter to Responding personnel,the Responding Member's designated supervisor is authorized to purchase the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed the per diem rates established by the State of Arizona. The Requesting Member remains responsible for reimbursing Responding Member for all costs associated with providing food and shelter, if such resources are not provided by the Requesting Member. 6.4 Communication. The Requesting Member will provide or make arrangements for appropriate communication equipment for Responding Member personnel. 6.5 Status. Unless otherwise provided by law, the Responding Member's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. Article 7. Reimbursement 7.1 Unless otherwise mutually agreed in whole or in part, the Requesting Member will reimburse the Responding Member for costs as outlined in 7.2 through 7.4 that Responding Member incurred while providing aid during the specified Period of Assistance. 7.2 Personnel. Requesting Member will pay Responding Member for work completed by Responding Member personnel during a specified Period of Assistance according to the terms provided in their employment contracts or other conditions of employment. The supervisor(s) designated by the Responding Member must keep accurate records of work performed by personnel during the specified Period of Assistance. Reimbursement must include all personnel costs, including salaries or hourly wages (including overtime and backfill), costs of fringe benefits, and indirect costs when reimbursing Responding Member. 7.3 Equipment. The Requesting Member will reimburse the Responding Member for the use of equipment during a specified Period of Assistance. Requesting Member will use equipment Final December 18,2018 rates based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates. In the event of the use of equipment not included in the schedule of equipment rates, the Responding Member must provide such rates in writing to the Requesting Member prior to supplying resources. The Requesting Member and Responding Member must mutually agree, in writing, on rates prior to Responding Member's dispatch of equipment. 7.4 Materials and Supplies. The Requesting Member must reimburse the Responding Member in kind or at actual replacement cost,plus handling charges,for use of expendable or non- returnable supplies. The Responding Member will not charge direct fees or rental charges to the Requesting Member for other supplies and reusable items that are returned to the Responding Member in a clean,damage-free condition. The Responding Member and Requesting Member will treat reusable supplies that are returned to the Responding Member with damage as expendable supplies for purposes of cost reimbursement. 7.5 Reimbursement Procedures. The Responding Member must provide an itemized invoice to the Requesting Member for all expenses it incurred as a result of providing assistance under this Agreement. The Responding Member will submit the itemized invoice to the Requesting Member no later than ninety (90) days following the end of the Period of Assistance. The Requesting Member will pay the full amount due no later than forty-five(45) days following the invoice date. Any amount that Responding Member leaves unpaid after 45 days will accrue interest at the statutory annual interest rate of 10%pursuant to A.R.S. § 44-1201. 7.6 Personnel Compensation and Insurance. The Requesting Member and the Responding Member will be responsible for all compensation and insurance coverage of their respective employees and equipment,if any,involved with mutual aid and consistent with A.R.S. §26-314.13. Article 8. Water Rights 8.1 This Agreement will not affect water rights nor create any transfer of water rights. Members do not intend for this Agreement to serve as a means of drought relief. Drought will not be considered an emergency under the terms of this Agreement. Article 9. Protected Information,Statewide Critical Infrastructure and Disclosure 9.1 To the extent permitted by the Statewide Critical Infrastructure Information System Disclosure Law, A.R.S. § 41-1803 et seq., the Arizona Public Records Law, A.R.S. § 39-101 et seq., and other applicable laws, all Members will maintain the strictest confidence and will take all reasonable steps necessary to prevent the disclosure of any protected information disclosed under this Agreement. It is the responsibility of the owner of the protected information to mark, label,or otherwise identify what is protected information. If any Member,or other entity requests or demands,by subpoena or otherwise,that a Member disclose any protected information disclosed under this Agreement,the Member will immediately notify the owner of the protected information giving the owner the opportunity to take necessary steps to protect the information. The Member will take all reasonable steps necessary to prevent the disclosure of this information by asserting all applicable rights and privileges with respect to such information and will cooperate fully in any judicial or administrative proceeding relating thereto. Final December 18,2018 Article 10. Dispute Resolution 10.1 If any controversy or claim arises out of or relating to the Agreement, including but not limited to an alleged breach of the Agreement,Members are encouraged to first resolve the dispute amongst themselves through informal dispute resolution and then non-binding mediation if necessary.Members may agree on other escalating forms of dispute resolution.This provision does not waive any right of any party to file the claim in the appropriate court having Jurisdiction. Article 11. Indemnification 11.1 Each Member(as "Indemnitor") agrees to indemnify, defend and hold harmless the other Member(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 (hereinafter collectively referred to as"claims"),but only to the extent that such claims both which(a)result in vicarious or derivative liability to the Indemnitee, and (b) are caused by the act, omission, negligence, misconduct,or other fault of the Indemnitor,its officers,officials,agents,employees or volunteers. This indemnification shall survive termination of this Agreement or the termination of the participation of any of its Members. Except as otherwise provided in this paragraph 11.1, each Member will bear the risk of its own actions, as it does with its operations. Article 12. Worker's Compensation Claims 12.1 Each Member is responsible for providing Workers' Compensation benefits and administering Workers' Compensation for its own personnel as it would in the normal course of business.Each Member will be responsible for any injuries which may occur to their own personnel during the course of rendering mutual assistance pursuant to this Agreement. A.R.S. §23-1022 shall apply where applicable. Article 13. Notice of Claim or Suit 13.1 A Member who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Members of this Agreement will provide prompt and timely notice to the Members who may be affected by the suit or claim. Each Member reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests. Article 14. Insurance 14.1 Each Member will determine for itself what kinds of insurance,(including self-insurance), and in what amounts, it should carry. Nothing herein will act or be construed as a waiver of any sovereign immunity or other exemption or limitation on liability that a Member may enjoy. Article 15. Effective Date 15.1 Effective Date. This Agreement will become effective for each Member upon the effective date set forth above or after approval by its Governing Body or Authorized Executive, whichever comes later. Final December 18,2018 15.2 Term. Except as otherwise provided in this Agreement, this Agreement will terminate June 30,2030 unless extended.Upon termination any involved property shall revert to the original owner unless conveyed to another participant pursuant to the terms of this Agreement. Article 16. Withdrawal 16.1 Any Member may terminate its participation in this Agreement through written instrument of its Governing Body or Authorized Executive which gives notice of termination of participation in this Agreement and providing a copy to the AZWARN Chairperson. This Agreement is terminated as to such Member twenty (20) days after the date received by the AZWARN Chair. The termination by one or more of the Members of its participation in this Agreement will not affect the operation of this Agreement as between the other Members thereto. Article 17. Non-Appropriation 17.1 Notwithstanding any other provision in this Agreement, any Member may withdraw from this Agreement if for any reason the Member's Governing Body does not appropriate sufficient monies for the purposes of this Agreement. In such event, a withdrawing Member will have no further obligation to the other Members other than for payment for services rendered prior to withdrawal. Article 18. Prohibition of Third Parties and Assignment of Rights and Duties 18.1 This Agreement is for the sole benefit of the Members and no person or entity may have any rights under this Agreement as a third-Member beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited. 18.2 Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not Members or affect the legal liability of any Member by imposing any standard of care different from the standard of care imposed by law. Article 19. Other Mutual Aid and Assistance Agreements 19.1 Nothing in this Agreement will limit any Member's ability to continue with, or enter into, other mutual aid or assistance agreements. Article 20. Americans with Disabilities Act 20.1 Each Member will comply with 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. Article 21. Non-Discrimination 21.1 No Member will discriminate against any employee, client, or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out Member duties pursuant to this Agreement. Each Member will comply with the provisions of Executive Order 2009-9, which is incorporated into this Agreement by reference,as if set forth in full herein. Final December 18,2018 Article 22. Compliance with Laws 22.1 Each Member will comply with all federal,state and local laws,rules regulations,standard and Executive Orders,without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona will govern the rights of the Members, the performance of the Agreement and any disputes hereunder. Any changes in the governing laws,rules and regulations during the terms of this Agreement will apply but do not require an amendment of this Agreement. Unless preempted by applicable law, any Member entering this Agreement hereby certifies that it is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel as set forth in A.R.S. §35-393.01;however,the District Court of Arizona recently enjoined A.R.S. § 35-393.01 and until such time as the Court's injunction is stayed or otherwise lifted, the Anti-Israel Boycott Provision is unenforceable and no signatory to this Agreement will take action to enforce it. Article 23. Entire Agreement 23.1 This document constitutes the entire agreement among the Members pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written,are hereby superseded and merged herein. This Agreement will not be modified,amended, altered or extended except through a written amendment approved by the Members' Governing Bodies, or Authorized Executives. Article 24. Jurisdiction 24.1 Nothing in this Agreement will be construed as otherwise limiting or extending the legal jurisdiction of any Member. Nothing in this Agreement is intended to confer any rights or remedies to any person or entity that is not a Member under this Agreement. Article 25. Conflict of Interest 25.1 This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38- 511,the pertinent provisions of which are incorporated herein by reference. Article 26. Severability 26.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. Article 27. Responsibility of the State of Arizona 27.1 Nothing within this Agreement limits or restricts the duties and obligations of the State of Arizona to respond to the Emergency of any Member. Final December 18,2018 MUTUAL AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK County Signature Page COUNTY IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Chair County Board of Supervisors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Deputy County Attorney County Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK City Signature Page City of IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, City of ATTEST: Date: City Clerk Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: City Attorney City of Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Town Signature Page Town of IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Mayor, Town of ATTEST: Date: Town Clerk Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Town Attorney Town of Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Political Subdivision Signature Page IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Board of Directors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of a political subdivision under the laws of the State. Date: General Counsel Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK District Signature Page District IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Chairman, Board of Directors ATTEST: Date: Clerk of the Board Date of formal approval Governing Body: the attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: General Counsel District Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Public Agency Signature Page State of Arizona IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the jurisdiction in the Agreement by formal approval of the jurisdiction's Governing Body. Date: Director, Department of ATTEST: Date: Deputy Director Date of formal approval Governing Body: The attorney for the above entitled has determined that the foregoing Agreement is in proper form and is within the powers and authority of the entity as granted under the laws of the State. Date: Attorney General State of Arizona Final December 18,2018 MUTUAL AID AGREEMENT AMONG MEMBERS OF THE ARIZONA WATER AND WASTEWATER AGENCY RESPONSE NETWORK Private Water or Wastewater Utility IN WITNESS WHEREOF, the Members hereto each sign this Mutual Aid Agreement, among members of the Arizona Water and Wastewater Agency Response Network, on a separate signature page. The signor warrants that he or she has been duly authorized to commit the Utility in the Agreement by formal approval of the Utilities' Governing Body. BY: Date: Title: RESOLUTION NO. 20-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 AUTHORIZING EXECUTION AND PERFORMANCE OF AZWARN MUTUAL AID AGREEMENT AND SEEKING CONSENT OF THE CITY COUNCIL OF APACHE JUNCTION, ARIZONA PURSUANT TO ARIZ. REV. STAT. ANN. § 48-709.A.14. TO ENTER INTO THE MUTUAL AID AGREEMENT WHEREAS, Superstition Mountains Community Facilities District No. 1 (the "District") proposes to enter into the AZWARN Mutual Aid Agreement (AZWARN MAA) among members of the Arizona Water and Wastewater Agency Network (the "Agreement); and WHEREAS, performance of the Agreement by the District may require the District to provide services to persons and property outside the District; and WHEREAS, the District may perform services to persons and property outside the District with the consent of the City Council of Apache Junction, Arizona as provided in Ariz. Rev. Stat. Ann. § 48-709.A.14; and WHEREAS, the District is otherwise empowered to enter into the Agreement under A.R.S. §§ 48-709, 11-952, and 26-301, et seq; and WHEREAS, the form of the Agreement is before this meeting and entering into and performing the Agreement is in the best interest of the District, NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF DIRECTORS OF THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 AS FOLLOWS: Section 1. The form, terms and provisions of the Agreement presented at this meeting are hereby approved, with those insertions, omissions and changes as shall be approved by the Chairman, or Vice Chairman of the District, the execution of the Agreement by the District being conclusive evidence of that approval and the Chairman or Vice Chairman and the District Clerk or the Assistant District Clerk are hereby authorized and directed to execute and deliver the Agreement on behalf of the District. Section 2. Performance of the Agreement by the District is subject to the consent of the City Council of Apache Junction, Arizona as provided in Ariz. Rev. Stat. Ann. § 48-709.A.14. and the officers of the District are authorized to obtain that consent. Section 3. The officers, employees and representatives of the District shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby, including, without limitation, the execution and delivery of any other documents reasonably required to be delivered in connection with the transactions authorized hereby. Section 4. If any section, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 5. The provisions of all bylaws, policies and procedures, orders and resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of the inconsistency. Adopted this 251h day of August, 2020. ATTEST: O"j. 0" District ler , Superstition Mountains Chairman, Superstition Mountains Community acilities District No. 1 Community Facilities District No. 1 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. '+PizoN* File ID: 20-456 Sponsor: Kelsey Schattnik and Rudy Esquivias Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Presentation, discussion and consideration of proposed Resolution No. 20-31, approving a final plat minor amendment for Roadhaven Subdivision, Phases 1 and 2, renaming certain interior private streets and implementing a new internal addressing system. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 O� PQP'CHf✓G'L 1 y Z City of Apache Junction Development Services Department 'q �RuwA " Date: September 2, 2020 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager From: Kelsey Schattnik, Planner Subject: September 15, 2020, City Council Public Hearing Item: Roadhaven Resort Subdivision Minor Plat Amendment Background Roadhaven Resort Subdivision is a 55+ single-family residential subdivision located at 1000 S . Idaho Rd and zoned Recreational Vehicle Park ("RVP") . Roadhaven was platted in two phases under case SD-2-18 . The final plat included internal street names and addresses. The internal streets in Roadhaven are private streets, which are owned and maintained by the Roadhaven homeowners association. Over the past few years it has become evident to Roadhaven residents, development services staff, delivery services, and emergency response services that internal wayfinding could be improved by eliminating confusing street loops, circles, repetitive names, and arbitrary internal addresses . Development Services Staff worked together with the fire district, police department, post office, and Roadhaven representatives to establish an address pattern that eliminates street name redundancies and establishes an address pattern that is related to subdivision legal lot numbers . This request does not require a major plat amendment since there are no changed being proposed to the legal lot boundaries, tracts, common areas or perimeter map boundary. Staff Recommendation Staff recommends approval of Resolution No. 20-31 . Attachments: - Draft Resolution No. 20-31 - Aerial Image with New Street Names - Old and New Street Names - 36"x36" Roadhaven Map with Updated Street Names and Lot Numbers RESOLUTION NO. 20-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A FINAL PLAT MINOR AMENDMENT FOR ROADHAVEN RESORT SUBDIVISION, PHASES 1 AND 2, RENAMING CERTAIN INTERIOR PRIVATE STREETS AND IMPLEMENTING A NEW INTERNAL ADDRESSING SYSTEM. WHEREAS, Roadhaven Resort Subdivision ("Roadhaven") is a 55+ single-family residential subdivision with lots designed for recreational vehicles and park model trailers, located at 1000 S . Idaho Road; and zoned Recreational Vehicle Park by Planned Development ("RVP/PD") ; and WHEREAS, Roadhaven was platted in two phases, with City of Apache Junction subdivision case SD-2-81 approving Phase 1 and recorded on February 18, 1982, in Cabinet A, Slides 66-69, Pinal County Records; and City of Apache Junction subdivision case SD- 2-82 approving Phase 2 and recorded on May 25, 1983, in Cabinet A, Slides 88-89, Pinal County Records; and WHEREAS, the internal streets in Roadhaven are private streets, owned and maintained by the Roadhaven homeowners association, and neither the street naming nor the internal addressing patterns follow the city' s address and street assignment policy manual; and WHEREAS, it has become evident to Roadhaven residents, emergency services providers, development services staff and others, that emergency response, internal wayfinding and delivery services could be improved by eliminating confusing street loops, circles, repetitive names, arbitrary internal addressing and other redundancies; and WHEREAS, Roadhaven representatives, police department, fire district, post office, city staff and personnel from other agencies have worked together to eliminate said street name redundancies and to establish an address pattern related to subdivision legal lot numbers; and WHEREAS, no legal lot boundaries, tracts, common areas or perimeter map boundary changes are proposed whatsoever, which RESOLUTION NO. 20-31 PAGE 1 OF 3 otherwise would have triggered a major plat amendment; and WHEREAS, this final plat minor amendment is in compliance with Arizona Revised Statutes ("'A.R. S . ") Title 9, Chapter 4, Article 6 . 2 and Apache Junction City Code, Volume II, Land Development Code, Chapter 2, Subdivision Regulations . NOW, THEREFORE, BE IT RESOLVED by the mayor and city council of the City of Apache Junction, Arizona, that: A minor subdivision plat amendment for Roadhaven Resort Subdivision, Phases 1 and 2, is approved subject to the following conditions : 1) The map exhibit "Exhibit A" containing the new street names and new lot number assignments shall be entered permanently into case files SD-2-81 and SD-2-82, along with a copy of this resolution and that a copy of Exhibit A also be entered into the subdivision plat maps hanging files . 2) The development services staff, in coordination with 911 service providers, shall notify and inform all relevant agencies of the street name and address assignment changes, including but not limited to, emergency service providers, U. S . Post Office, Maricopa and Pinal County 911 operators and all utility service providers . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2020 . SIGNED AND ATTESTED TO THIS DAY OF , 2020 . JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 20-31 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 20-31 PAGE 3 of 3 • • • • Idaho • Minor • R8E 41 Fmk Broadway Ave YYurok Ave in ` ■ y ON R - ! Yaqui Ave-N ID ■ �! ■ Ma i ' L I ' iw Yakima-Ave • Klamath•Ave Klamath•Ave o �Q �Klamath•Ave � Taos Ave m W E O (D t ` f R JeJ Chipp Ave r(D r t in �G� Pawnee UNITS 6Fiippewa•Ave 1001-1665 �I � ■� UNITS Paiute Ave I ■■ ■■ (r[ O rp■ L �I Z y o Blackfoot � d! _ 2001-2401 r��a,� � �q ■,Q_ Z 12th Ave Blackfoot Ave =■� c 3' ~ Blackfoot w Ave ■�■ c■■�r o �° i Ave rn■■r■rr �n■ Y� ■ �■ ■ wr- ■■ Pecos•Ave a �*■ ■�I IC a w y T PecosAve- o 'c Inuit=Ave � � I Y N CO 1 0 Juan J`,�p�e Chesapeake,Ave Y jr ■ � i��i a WSW" a ■ Maya ALe—I E ■ I o f ri i o FrTTPP. I Cu cqi ■ I Erie Ave ~ **Mx � 16th Ave ' Sa ■ o **bio■rriiilri R8E LEGEND Roadhaven Resort � :° Streets Parcel Boundary nN l Q Resort Boundary /\ September 2020 Phase I-Units 1001-1665 ,v 0 400 800 Phase II-Units 2001-2401 Feet G:\Projects\DevelopmentSe rvices\Plan ni ngAnd Developme nt\PlatAmend ment\Roadhaven.mxd 1 Roadhaven Resort of Apache Junction April 30, 2019 City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 RE: New Street Addresses Over the last few months we have been in discussion with you and officials from the Police and Fire Departments regarding the renaming of addresses in Roadhaven Resort.The changes being proposed are to aid with emergency response which is always a concern and very important to our Residents. This letter is to confirm that as a result of these discussions, the Board of Directors of Roadhaven Resort of Apache Junction is in favor and supports the changes. Resident safety is one of our many priorities. SincereI Steve Byfield General Manager Roadhaven Resort 1000 South Idaho Road • Apache Junction, AZ 85119 Tel:480-982-4811 www.roadh v n. om BROADWAY AVE GATE y. •�. 1 un � R........RESTROOM S �,�► 'o M.......MAILBOXES TC_...TENNIS COURTS PB._-PICKLE BALL lop SB......SHUFFLE BOARD s' OR....-GARBAGE/RECYCLE PS.-...PRO SHOP R1_.-..RESTAURANT �►�' ������ �� �'� tut t:oi - MI. 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Piz File ID: 20-448 Sponsor: Bryant Powell Agenda Date: 9/15/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, October 5 and Tuesday October 6, 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 1 Printed on 6/16/2026