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HomeMy WebLinkAbout2026 06.16 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers _ pi I" Z at City Hall ` s Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,June 16,2026 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. 26-311 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 26-312 Consideration of approval of minutes of the regular meeting of June 2, 2026. Sponsors: Evie McKinney Attachments: CCMIN 2026 06 02 MINUTES DRAFT City of Apache Junction,Arizona Page 1 Printed on 611112026 City Council Meeting Agenda June 16,2026 3. 26-297 Consideration of approval, effective July 1, 2026, of Fiscal Year 2026-2027 Health and Human Services funding contracts between the City of Apache Junction and A New Leaf Inc. in the amount of $8,000.00, Apache Junction Community Development Corporation in the amount of$7,500.00, Azura VITA in the amount$2,000.00, Black and Gold Youth Football League in the amount of$7,000.00, Boys and Girls Club in the amount of$3,000.00, Kiwanis in the amount of $2,000.00, Superstition Community Food Bank in the amount of $70,500.00. This item was presented for discussion at the City Council Work Session held April 20, 2026. Sponsors: Evie McKinney Attachments: A New Leaf Inc.Agreement FY 2026-2027 Apache Junction CDC Agreement FY 2026-2027 Azura Vita Agreement FY 2026-2027 Black and Gold Youth Football Agreement FY 2026-2027 Boys and Girls Club Agreement FY 2026-2027 Kiwanis Agreement FY 2026-2027 Superstition Food Bank Agreement FY 2026-2027 4. 26-315 Consideration of approval of the Professional Services Agreement between City of Apache Junction and the Apache Junction Chamber of Commerce for Operation of a Local Visitor Information Center. Sponsors: Brock Severson Attachments: Staff Memo to Council -Visitor Center Visitor Center Agreement Visitor Center Council Presentation- Economic Development Visitor Center Council Presentation-Apache Junction Area ChE 5. 26-316 Consideration of Resolution No. 26-25 authorizing an intergovernmental agreement for cooperative law enforcement training operations with the City of Mesa. Sponsors: Michael Pooley Attachments: Staff Memo to Council for Mesa PD IGA Resolution No.26-25 IGA City of Mesa Cooperative Law Enforcement Training Ops Presentation for Mesa PD IGA 2026 City of Apache Junction,Arizona Page 2 Printed on 611112026 City Council Meeting Agenda June 16,2026 6. 26-317 Consideration of approval of the Third Amendment to the Professional Services Agreement between the City of Apache Junction and Central Arizona Council on Developmental Disabilities for senior services transportation. Sponsors: Jamie Sullivan Attachments: Staff Memo to Council for CACDD CACDD 2017 Senior Transportation Contract CACDD 2022 First Amendment CACDD 2024 Second Amendment CACDD 2026 Third Amendment- DRAFT CACDD Senior Transportation Amendment 7. 26-318 Consideration of Resolution No. 26-02 authorizing the submittal of a Recreation Trails Program grant application to the Arizona State Parks Department for signage along the multi-use trail system managed by Parks and Recreation. Sponsors: Liz Langenbach Attachments: Resolution No.26-02 Presentation- RTP Grant June 2026 8. 26-324 Consideration of approval of agreement with Petroleum Traders Corporation for the purchase and delivery of bulk fuel in an amount not to exceed $900,000.00 for an initial one-year term with four automatic one-year renewal options. Sponsors: Mike Loggins Attachments: Memo to Council -Bulk Fuel Agreement With Petroleum Traders Corporation Presentation Bulk Fuel 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. 9. 26-330 Presentation, discussion, and update from representatives with Arizona Water Company on rate case. Sponsors: Matt Busby F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. City of Apache Junction,Arizona Page 3 Printed on 611112026 City Council Meeting Agenda June 16,2026 10. 26-313 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 11. 26-314 City Manager's Report Sponsors: Matt Busby H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 12. 26-326 Presentation, discussion, public hearing, and consideration of Ordinance No. 1576 regarding case P-26-6-PZ, a request by Kimberly Bergman for a rezoning of 275 S. Cactus Road, approximately 1.25 gross acre parcel from Medium Density Single-Family Detached Residential ("RS-10M")to General Rural Low Density Single-Family Detached Residential ("RS-GR") and repealing any conflicting provisions and providing for severability. Sponsors: Hudson Meyer Attachments: Staff Memo to Council for P-26-6-PZ Staff Report for P-26-6-PZ Ordinance No. 1576 Presentation for P-26-6-PZ I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 4 Printed on 611112026 City Council Meeting Agenda June 16,2026 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter; 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. 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 611112026 City of Apache Junction, Arizona 300 E Superstition Boulevard U �2I Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No. 1. �Piz File ID: 26-311 Sponsor: Evie McKinney Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction, Arizona 300 E Superstition Boulevard U �2I Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No.2. �Piz File ID: 26-312 Sponsor: Evie McKinney Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 2, 2026. City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction, Arizona Meeting location: _ City Council Chambers z Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,June 2,2026 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Nesser led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, City Clerk Joel Stern, City Attorney Michael Pooley, Police Chief Rudy Esquivias, Development Services Director Liz Langenbach, Parks & Recreation Director Mike Loggins, Public Works Director Sidney Urias, Development Services Deputy Director Nicholas Leftwich, Principal Planner Rob Wisler, Management Analyst Hudson Meyer, Associate Planner D. CONSENT AGENDA Councilmember Nesser moved,seconded by Vice Mayor Schroeder to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes June 2,2026 No: 0 1. 26-285 Consideration of acceptance of agenda. 2. 26-287 Consideration of approval of minutes of the special meeting of May 18, 2026. 3. 26-286 Consideration of approval of minutes of the regular meeting of May 19, 2026. 4. 26-219 Consideration of Resolution No. 26-05, a Federally Patented Easement(FPE) Extinguishment of Roosevelt Street(alignment)from Wickiup Road to Chaparral Road for the purpose of future development. 5. 26-220 Consideration of Resolution No. 26-10, a Federally Patented Easement (FPE) Extinguishment of Solana Road (alignment)from 14th Avenue to 13th Avenue for purpose of future development. 6. 26-283 Consideration of approval of the First Amendment to the Community Maintenance Agreement between the City of Apache Junction, Brookfield ASLD 8500 LLC, and Blossom Rock Community Alliance, Inc. to add additional public park space and streets. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 7. 26-288 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson and members of the Council attended the following events: -The Resolution Copper Mine tour in Superior - Ribbon cutting for the Grand Opening of the new Pickleball Courts at Prospector Park - Ribbon cutting for Great Hearts Blossom Rock school Mayor Wilson shared pictures and spoke briefly about each event. G. CITY MANAGER'S REPORT 8. 26-289 City Manager's Report City Manager Bryant Powell expressed his appreciation for Parks and Recreation Director Liz Langenbach and her staff for getting the new pickleball courts going. He clarified that Great Hearts Blossom Rock is a public charter school and is available at no cost to anyone. He also stated that the developers for Blossom Rock and Radiance did initially work with the Apache Junction Unified School District to have their schools in the neighborhood. It did not work out so now charter schools are opening in those locations. Vice Mayor Schroeder commented on the pickleball courts being paid for by development fees and not tax payer dollars. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 2,2026 H. PUBLIC HEARINGS 9. 26-282 Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-4-PZ to July 21, 2026. Councilmember Soller moved,seconded by Councilmember Nesser that the Request for Continuance of case P-26-4-PZ to July 21,2026, be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Principal Planner Nick Leftwich presented that Snell &Wilmer LLP representing applicant Banyan Residential, LLC, has requested to continue the scheduled Public Hearings for Case P-26-4-PZ to later dates. The applicant has requested this additional time to implement design changes to the proposed development plan to address the parking ratio concerns. Planning staff respectfully requested that the Public Hearings be continued to Tuesday, June 23, 2026, for the Planning and Zoning Commission meeting and Tuesday, July 21, 2026, for the City Council Meeting. Councilmembers had no concerns. Mayor Wilson opened the Public Hearing. Donna Carr, 2178 W. Virginia Street, Apache Junction, expressed her opposition to this project. Noah-James Markham, Tempe, stated support for this project. Mayor Wilson closed the Public Hearing and asked for a motion. 10. 26-303 Presentation, discussion, public hearing, and consideration of the Request for Continuance of case P-26-6-PZ to June 16th, 2026. Councilmember Heck moved,seconded by Councilmember Nesser that the Request for Continuance of case P-26-6-PZ to June 16,2026, be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Associate Planner Hudson Meyer presented that the applicant has requested to continue the scheduled Public Hearing for Case P-26-6-PZ to Tuesday, June 16, 2026, for the City Council Meeting. The applicant has requested this additional time to meet all notice obligations and ensure that all interested parties are properly informed. Councilmembers had no concerns. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 2,2026 Mayor Wilson opened the Public Hearing. Kimberly Bergman, Apache Junction, stated she is part of this case and will explain further at the June 16, 2026, meeting their intentions with the requested rezoning. Mayor Wilson closed the Public Hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 11. 26-290 Presentation, discussion, and possible consideration of Resolution No. 26-29 authorizing the city to enter into an Intergovernmental Agreement (IGA) Amendment No. 1 with Pinal County Community College District (CAC)to allow the City to design and construct a stormwater retention facility and be reimbursed by CAC in an amount not to exceed $1,800,000.00. Councilmember Johnson moved,seconded by Councilmember Soller that Resolution No.26-29,a resolution of the mayor and city council of the City of Apache Junction,Arizona,authorizing the city to enter into an Intergovernmental Agreement Amendment No. 1 with Pinal County Community College District(CAC)to allow the City to design and construct a stormwater retention facility and be reimbursed by CAC in an amount not to exceed$1,800,000.00 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Public Works Director Mike Loggins presented the items on the original Intergovernmental Agreement (IGA)with Central Arizona College (CAC)from 2010. He went over the terms of the first amendment which includes the City designing and constructing a 12-acre retention basin which CAC will reimburse the cost over the next 3 years. Councilmember Heck inquired why CAC did not complete all the terms of the original IGA. He also asked for clarification on the size of the basin. Councilmember Cross asked for confirmation that the City will be reimbursed and commented on the time frame. Councilmember Soller asked about the homes to the South of the basin area. Mr. Loggins, City Manager Bryant Powell and City Attorney Joel Stern responded to all Councilmember concerns. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 2,2026 12. 26-291 Presentation, discussion, and possible consideration of approval of award of contract to Rummel Construction, Inc. for Central Arizona College Palm Wash Detention Basin construction, located at 805 South Idaho Road, Apache Junction, AZ, in an amount not to exceed $1,447,698.07. Councilmember Soller moved,seconded by Councilmember Nesser that approval of award of contract to Rummel Construction, Inc.for Central Arizona College Palm Wash Detention Basin, located at 805 South Idaho Road,Apache Junction,AZ, in an amount not to exceed$1,447,698.07 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Public Works Director Mike Loggins presented the contract with Rummel Construction Inc., which is for the construction of the detention basin discussed in Item No. 11. He went over the terms of the agreement and where the funding is coming from. Councilmember Soller inquired about the contract amount discrepancy listed on the presentation slide versus the contract. He also asked if the basin will allow the water to drain back into the ground. Vice Mayor Schroeder asked if this will help the issue off Southern Avenue and Meridian Road that involves Palm Wash. Councilmember Cross asked for clarification between retention and detention. Mr. Loggins responded to all Councilmember concerns. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC Donna Carr, 2178 W. Virginia Street, Apache Junction, thanked the Mayor and Council for visiting Resolution Copper Mine and shared her concerns about their practices. Noah-James Markham, Tempe, spoke on a variety of topics including, Navajo talkers, water usage, gun safety and expanding the light rail. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:39 p.m. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes June 2,2026 ACCEPTED THIS DAY OF 12026, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2026. Walter"Chip"Wilson Mayor ATTEST: Evie McKinney City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U �2I Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No. 3. �Piz File ID: 26-297 Sponsor: Evie McKinney Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of approval, effective July 1, 2026, of Fiscal Year 2026-2027 Health and Human Services funding contracts between the City of Apache Junction and A New Leaf Inc. in the amount of$8,000.00, Apache Junction Community Development Corporation in the amount of $7,500.00, Azura VITA in the amount$2,000.00, Black and Gold Youth Football League in the amount of$7,000.00, Boys and Girls Club in the amount of$3,000.00, Kiwanis in the amount of$2,000.00, Superstition Community Food Bank in the amount of$70,500.00. This item was presented for discussion at the City Council Work Session held April 20, 2026. City of Apache Junction,Arizona Page 1 Printed on 611112026 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND A NEW LEAF FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and A NEW LEAF, INC., a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayes Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Crisis intervention and domestic abuse education 2. Flexible housing and stability funds for Apache Junction residents B. Provide such programs and activities to only residents of the City and on I as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2026 - 2027 to City on or before January 31, 2026. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https:Ngis.apacheiunctionaz.gov/ ortallhomel. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result 3 in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$8,000.00 for fiscal year 2026-2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$2,000.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. 4 Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Dana Martinez, Director of DV and SV Services A New Leaf, Inc. 868 E. University Drive Mesa, AZ 85203 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs 5 pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring 6 suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so 7 that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST. This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach 8 of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, 9 except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: A NEW LEAF, INC., a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: ,A,-N 610 -Z(, RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of 20 , by Dana Martinez as Director of DV and SV Services of A New Leaf, Inc., a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) d ) k. - I EXHIBIT B Quarter Agency A New Leaf Inc. Contract No. HHSC FY 26/27 Contract Period July 1, 2026—June 30, 2027 Recipient Address 868 E. University Drive Mesa,AZ 85203 Contact Person Dana Martinez Contact Phone/Email 602-768-8192—dmartinez@turnanewleaf.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Hotel Nights(number of nights per repeat clients and number of one night stays) • Emergency Food (number of families, number of single people, pounds of food) • Emergency Essentials ( number of families, number of single people, pounds of items) • Transportation (purpose/reason and distance in miles) Reminders: Due by the 15"of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2027 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding,subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with various community revitalization projects for the following programs: 1. City Code Violation Remediation 2. Operating expenses B. Provide such programs and activities to only residents of the City and on I as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 - 2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://gis.apachejunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. 3 J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$7,500.00 for fiscal year 2026- 2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,875.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 4 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Dave Waldron, Chairman Apache Junction Community Development Corp 300 E. Superstition Boulevard Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. 5 Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is 6 mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT_& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and 7 otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS_ OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day 8 for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this 9 Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION COMMUNITY DEVELOPMENT, CORP. a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: ( 6•/0 , 26 RICHARD J. STERN City Attorney 10 STATE OF ARIZONA } ) ss. COUNTY OF } The foregoing was subscribed and sworn to before me this day of , 20 by Dave Waldron as Chairman of Apache Junction Community Development Corporation, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding`All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) d y EXHIBIT B Quarter Agency Apache Junction Community Development Corporation Contract No. HHSC FY 26/27 Contract Period July 1, 2026—June 30, 2027 Recipient Address 300 E.Superstition Blvd,Apache Junction,AZ 85119 Contact Person Dave Waldron Contact Phone/Email 480.474.5086—dave waldron@live.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Project expenses (dumpsters, dump fees, trailers, maintenance costs for equipment— include any services/supplies that were donated) • Code Compliances Cases assisted (Pounds of waste to the dump, pounds of metal, duration of project, number of volunteers per project) • Administrative expenses (insurance, donation web page, cell phones) Reminders: Due by the 15`h of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2027 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND AZURA VITA FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and AZURA VITA, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding-, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Volunteer tax preparation assistance for low to moderate families in Apache Junction B. Provide such programs and activities to only residents of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 -2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https:l/gis.agAchejunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result 3 in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and_Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$2,000.00 for fiscal year 2026-2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$500.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. 4 Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Kymbrlee Hsu, Agency Director Azura Vita 137 E. University Drive Mesa, AZ 85201 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs 5 pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15, APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring 6 suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so 7 that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach 8 of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. §35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall 9 terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: AZURA VITA, a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP"WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: (* C,- 0 ' RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF _ ) The foregoing was subscribed and sworn to before me this day of , 20 , by Kymbrlee Hsu as Agency Director of Azura Vita, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) Q EXHIBIT B Quarter Agency Azura Vita Contract No. HHSC FY 26/27 Contract Period July 1, 2026—June 30, 2027 Recipient Address 137 E. University Drive, Mesa,AZ 85201 Contact Person Kymbrlee Hsu Contact Phone/Email 480.304-1092—khsu@azuracares.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work(SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Volunteer tax preparation assistance (how many people were helped) Reminders: Due by the 15" of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2027 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BLACK AND GOLD YOUTH FOOTBALL LEAGUE FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BLACK AND GOLD YOUTH FOOTBALL LEAGUE, a 501 (c) 3 non-profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and_Appointed-Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shalt only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Sports scholarships for Apache Junction children B. Provide such programs and activities to only children of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Cleric as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 -2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https:llgis.apachejunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result 3 in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$7,000.00 for fiscal year 2026-2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,750.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. 4 Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE:, City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Todd Furnish, Project Manager Black and Gold Youth Football League 1491 S. Conestoga Road Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs 5 pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring 6 suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY_BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so 7 that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach 8 of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall 9 terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BLACK AND GOLD YOUTH FOOTBALL LEAGUE, a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: 46,10 - 26 RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by Todd Furnish as Project Manager of Black and Gold Youth Football League, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit FundingL All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) a EXHIBIT B Quarter Agency Black and Gold Youth Football League Contract No. HHSC FY 26/27 Contract Period July 1, 2026—June 30, 2027 Recipient Address 14915 Conestoga Road,Apache Junction, AZ 85120 Contact Person Todd Furnish Contact Phone/Email 480.217.6244—bgyfl.sponsorcoordinator@gmail.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application_ Provide quarterly totals underneath each item and a brief explanation: • Sports scholarships for Apache Junction kids (how many scholarships were given) Reminders: Due by the 15`h of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BOYS AND GIRLS CLUB FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS AND GIRLS CLUB OF THE VALLEY, a 501 (c) 3 non- profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026,-the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES_ Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Scholarships for out-of-school services for Apache Junction students B. Provide such programs and activities to only students of the City and on I as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 -2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https:llgis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result 3 in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$3,000.00 for fiscal year 2026-2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$750.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. 4 Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Maddie Roberti, Director of Grants Boys and Girls Club of the Valley 4309 E Belleview Street, Building 14 Phoenix, AZ 85008 8. TERMINATION. This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs 5 pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring 6 suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so 7 that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach 8 of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall 9 terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BOYS AND GIRLS CLUB OF THE VALLEY, a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: q*:� 6, L0 � RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by Maddie Roberti, as Director of Grants, of Boys and Girls Club of the Valley, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit_Funding_All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) l' N EXHIBIT B Quarter Agency Boys and Girls Club of the Valley Contract No. HHSC FY 26/27 Contract Period July 1,2026—June 30,2027 Recipient Address 4309 E Belleview Street, Building 14, Phoenix,AZ 85008 Contact Person Maddie Roberti Contact Phone/Email 602.943.8182—maddie.roberti@becaz.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Mentorship program • Hardship for Individuals program • Amount of funding used for staff wages, benefits and employee related expenses Reminders: Due by the 15"of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND KIWANIS FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and KIWANIS CLUB OF APACHE JUNCTION, a 501 (c) 3 non- profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. 1 G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES_PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Youth services for Apache Junction children 2. Back pack supplies 3. Apache Junction projects B. Provide such programs and activities to only residents of the City and on I y as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 - 2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at https://gis.apacheiunctionaz.gov/portal/hornet. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed-Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. 1. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result 3 in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$2,000.00 for fiscal year 2026-2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$500.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. 4 Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Jeffrey Mitchell, Agency Director Kiwanis Club of Apache Junction 351 N Meridian Rd. Lot 133 Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs 5 pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS_ The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring 6 suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so 7 that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach 8 of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. §35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, 9 except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: KIWANIS CLUB OF APACHE JUNCTION, a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: C�'G,lo, 2G RICHARD J. STERN City Attorney 10 STATE OF ARIZONA } ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20 , by Jeffrey Mitchell as Agency Director of Kiwanis Club of Apache Junction, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (13) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract (C) Contract required:procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding:All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only (E) following adoption of a final budget for the subsequent fiscal year. (Ordinance 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding_. All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions. 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) d}} b EXHIBIT B Quarter Agency Kiwanis Club of Apache Junction Contract No. HHSC FY 26/27 Contract Period July 1,2026—June 30, 2027 Recipient Address 351 N Meridian Rd Lot 133 Apache Junction,AZ 85120 Contact Person Jeffrey Mitchell Contact Phone/Email 630.297.9204—jmitchellrecr@gmaii.com City Staff Contact HHSC@apachejunctionaz.gov Statement of Work(SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • Increased engagement and success, mentorship. • Ongoing programs throughout the year. • Special Education students and children from identified families. • Backpack supplies Reminders: Due by the 15" of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referral List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUPERSTITION COMMUNITY FOOD BANK FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2026-2027 THIS AGREEMENT is made and entered into this day of , 2026 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUPERSTITION COMMUNITY FOOD BANK, a 501 (c) 3 non- profit organization ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2026-2027. C. The Commission has submitted its recommendations to the city council. D. On June 16, 2026, the city council will likely pass and adopt the 2026-2027 fiscal year budget, which includes funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2- 14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with the following projects throughout the year: 1. Purchase food for those in need with holiday food boxes - $25,500.00 2. Purchase food for students facing food insecurity over the weekends and on school breaks with expanding the Student Backpack Food Program - $45,000.00 B. Provide such programs and activities to only residents of the City and only as documented by Services Provider. C. Require documentation of City residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City. Use or acceptance of any other form of identification, must be approved in advance by the Apache Junction City Clerk (hereafter the "City Clerk"). The type of documentation accepted shall be included on all quarterly reports filed with the City Clerk as indicated in Section E below. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable city ordinances; submit contract proposal for fiscal year 2027 - 2028 to City on or before January 31, 2027. E. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends, and legal holidays. 2 Quarter 1: July 1 through September 30 Quarter 2: October 1 through December 31 Quarter 3: January 1 through March 31 Quarter 4: April 1 through June 30 City funded services to individuals shall be identified with complete city street residential addresses which shall be verified by comparing the residential addresses with the City street naming map as currently adopted or as may be amended or through City geographic information system ("GIS") at his://gis.apacheiunctionaz.gov/portal/home/. Post office box addresses nor business addresses shall not meet the reporting requirements of this section. F. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit to City typed or computer generated quality reports; maintain a separate list of City residents assisted by the Program to include their name and residential address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify City residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, street addresses, email and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Provide City Clerk with written notification of any changes in the primary or secondary person(s) within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method, either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by the Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to the City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2026-2027. Failure to file the quarterly report and 3 required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this agreement. Service Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$70,500.00 for fiscal year 2026- 2027 for SOW performance. B. Compensation shall be in equal quarterly payments of$17,625.00. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (E) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2026-2027 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, as set forth in Exhibit A, or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (F) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for 4 compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2026, through June 30, 2027, 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE. City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Evie McKinney, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Erik Arriola, Executive Director Superstition Community Food Bank 575 N Idaho Road, Suite 701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall not be compensated for proportional work performed. Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 5 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The 6 Parties hereby waive all provisions of the law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY BUSINESS LICENSE AND TRANSACTION PRIVILEGE TAX LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT& DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations, or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery, and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise 7 remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38- 511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non- political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services 8 Provider will verify the employment eligibility of the employee through the E- Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. 27. CERTIFICATION PURSUANT TO A.R.S. § 35-394: In accordance with Arizona Revised Statutes § 35-394, Services Provider hereby certifies and agrees that Services Provider does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China, 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Services Provider becomes aware during the term of this Agreement that Services Provider is not in compliance with this Section, then Services Provider shall notify the City within five (5) business days after becoming aware of such noncompliance. If Services Provider does not provide the City with written certification that Services Provider has 9 remedied such noncompliance within one hundred eighty (180) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such one hundred eighty (180) calendar day remedy period, this Agreement shall terminate on such contract termination date. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: SUPERSTITION COMMUNITY FOOD BANK, a 501(c)3 non-profit organization By: Title: CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: WALTER "CHIP" WILSON Title: Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: 6.1 0 .2( RICHARD J. STERN City Attorney 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_ , by Erik Arriola, as Executive Director of Superstition Community Food Bank, a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 20 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 11 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANACIAL ASSISTANCE 2-14-1 REQUEST FOR NON-PROFIT FUNDING (A) Required documentation:Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited, to the following: 1. A copy of the agency's most recent audit report 2. A certified copy of the agency's most recent audit report 3. Detailed expenditure statement to include detailed accounting for all previously received city funds (if applicable) 4. Source and amount of funding received from all other sources, such as non- governmental agencies, membership fees and dues, and private contributions 5. Client service information as applicable to city residents 6. Proof of non-profit status as determined by the Internal Revenue Service 7. Proof of corporate status to include copies of by-laws and Articles of Incorporation 8. Source and amount of funding received from other governmental agencies 9. Names and addresses of all current board members of agency governing board (B) Reporting requirements:Any non-profit agency receiving an allocation or grant of city funds shall be required to the following: 1. Submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter 2. A written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city 3. Any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required.,procedure for distribution of funds: 1. All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statues regarding the use of public funds. 2. All city funds allocated or granted under the provisions of the section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal ofrequests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ordinance (E) 659, passed 11-3-1998) § 2-14-1, Requests for Non-Profit Funding, All requests for financial assistance shall comply with the following stipulations and conditions: 1. All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission, or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi- governmental jurisdictions; 2. All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; 3. All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and 4. In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) a EXHIBIT B Quarter Agency Superstition Community Food Bank Contract No. HHSC FY 26/27 Contract Period July 1, 2026—June 30, 2027 Recipient Address 557 N Idaho Road,Suite 701,Apache Junction,AZ 85119 Contact Person Erik Arriola Contact Phone/Email 480.233.6680—erik.arriola@superstitionfoodbank.org City Staff Contact HHSC@apachejunctionaz.gov Statement of Work (SOW) as stated in your application: Provide quarterly totals underneath each item and a brief explanation: • The amount of food distributed per month • The number of Apache Junction residents assisted • Amount of food purchased for those in need and any associated costs • Student Backpack Food Program (Number of students served) Reminders: Due by the 15" of each quarter for the preceding quarter's activities Must include expense report with receipts and services provided Required to maintain a current Community Information Referra; List Required to participate in Health and Wellness Expo in February 2026 Recipient Authorized Signature Date Title City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+PizoN►' File ID: 26-315 Sponsor: Brock Severson Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of approval of the Professional Services Agreement between City of Apache Junction and the Apache Junction Chamber of Commerce for Operation of a Local Visitor Information Center. City of Apache Junction,Arizona Page 1 Printed on 611112026 k1F. CityApacheof Junction _ 300 East Superstition Bonleva,rd • Apache Jimetion, .krizomt 85119 DATE: June 1, 2026 MEMORANDUM TO: The Honorable Mayor& City Councilmembers MEMORANDUM THRU: Bryant Powell, City Manager Matt Busby, Assistant City Manager Ryan Kaup, Economic Development Director MEMORANDUM FROM: Brock Severson, Economic Development Specialist SUBJECT: Recommendation for the Contract Extension of Local Visitor Center Since 1988, the City of Apache Junction has contracted with the local Chamber of Commerce to operate a visitor center. Visitor centers help promote Arizona communities, their attractions, destinations, dining options, and hospitality amenities. Primarily operated by local chambers of commerce or visitor bureaus, these information centers often serve as a visitor's first stop, giving cities the opportunity to provide a positive first impression of the surrounding area and Arizona. Our current contract for these services is with the Apache Junction Chamber of Commerce and has a term ending June 30, 2026. According to the City's Procurement Procedures, professional services for travel and tourism center or marketing efforts are exempt from releasing a Request for Qualifications. To find the most qualified provider, staff utilizes the Arizona Office of Tourism (AOT) as a resource to find a provider that is affiliated with AOT's accredited Arizona Visitor Information Center (AVIC) program. Being a State-accredited visitor center means the provider has been vetted, meets established guidelines, receives exposure with listings on official Visit Arizona publications, and is operating as per requirements of the State's program (Exhibit A). Staff is recommending the City continues to contract for visitor center services with the Apache Junction Chamber of Commerce for the following reasons: • The City of Apache Junction does not have a physical facility to house these services, nor the staffing capacity to operate a facility • The Chamber of Commerce is an AOT-accredited visitor center and intends to maintain their status as such. • The current Apache Junction Visitor Center is one of the most trafficked visitor centers in Arizona, has demonstrated the ability to perform, receives positive reviews from visitors, and operates a volunteer-run facility which is well-located in our downtown. Voice (480) 982-8002 •Fax (480) 982-7018 • TDD (480) 983-0095 www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 In our current contract with the Apache Junction Chamber of Commerce ending June 301n 2026, the contracted amounts increase four percent year-over-year, with $58,400 as the amount that was due for this fiscal year. Staff respectfully requests Council approve a new three-year contract, with options for two one-year extensions, and the continuation of the four percent annual escalator. The following amounts are listed below, paid quarterly and subject to Council- appropriation of funds: • FY 26/27: $60,736.00 • FY 27/28: $63,166.00 • FY 28/29: $65,692.00 Extension Options: • FY 29/30: $68,320.00 • FY 30/31: $71,052.00 Staff will provide a presentation on this item for the June 1, 2026, Work Session and then plan to bring this item back on the June 16, 2026, Regular Meeting consent agenda. Voice (480) 982-8002 •Fax (480) 982-7018 • TDD (480) 983-0095 www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER THIS AGREEMENT is made as of the day of 20 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation ("Consultant"), sometimes collectively referred to as the "Parties" or individually as a "Party." RECITALS A. City desires to retain a consultant to operate a local visitor information center and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended to it. B. The open market procedures have been satisfied to the extent they apply. C. The Parties have set forth below contemplatediservices Consultant will provide to City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in Exhibits A and C (the "Services"). 2. COMPENSATION: In accordance with Exhibit B and the terms and conditions of this Agreement, City shall compensate Consultant for the Services in an amount not to exceed One Hundred Eighty Nine Thousand Five Hundred Ninety Four Dollars and Zero Cents ($189,594.00) (the "Contract Amount"). 3. CONSULTANT BILLING: Consultant shall invoice City on a time and expense basis in a total amount not to exceed the Contract Amount. City agrees to process for payment invoices received from Consultant within thirty (30) calendar days following receipt of such invoices, provided Consultant fulfills all duties and obligations set forth in this Agreement. Review of invoices by City may include an inspection of the Services. 4. TERM: The term of this Agreement shall commence on July 1, 2026 and end on June 30, 2029. Following the initial term, the Parties may extend this Agreement for up to two (2) additional one-year periods. This Agreement may be extended upon mutual written consent of the Parties provided that any amendment shall be executed by an authorized signatory of the Parties and provide in writing the amended term of the Agreement and, if applicable, a specified dollar amount of additional payment to be owed by City to Consultant. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services necessary for Consultant to perform the Services. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant or its subcontractors commit in the performance of this Agreement. 7. NOTICES: All notices to a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Ryan Kaup, Economic Development Director 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: Apache Junction Chamber of Commerce Mary Ann Przybylski, President& CEO 567 West Apache Trail Apache Junction, AZ 85120 8. INSURANCE: 8.1. General Provisions. Consultant, at its own expense, shall purchase and maintain during the Term the insurance required by this Agreement 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 by this Agreement shall be maintained in full force and effect until the Services are accepted by the City. Failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. 2 Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Consultant's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The insurance policies required by this Agreement, except Workers' Compensation and Professional Liability, shall name City, its elected officials, agents, officers, and employees as Additional Insured Parties. Consultant shall expressly bind any subcontractors, or any other lower tier subcontractors, used in the performance of any aspect of the Services, to the insurance requirements in this Agreement, making such obligations applicable to the other subcontractor to the same extent as it is applicable to Consultant. The purpose of this provision is to require any lower tier subcontractor, regardless of level, to provide insurance and indemnity required by this Agreement. 8.2. Commercial General Liability. Consultant shall maintain throughout the Term Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policies shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 3 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If Consultant sublets any part of the Services, Consultant shall purchase and maintain, at all times during prosecution of the Services an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Services. Coverage shall be on an occurrence basis with a limit of not less than $2,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Consultant's Commercial General Liability insurance. 8.3. Automobile Liability. Consultant shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of the Services. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off- loading hazards. If hazardous substances, materials or wastes are to be transported, federal mandatory motor carrier safety ("MCS") 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. 8.4. Workers' Compensation. Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant's employees engaged in the performance of the Services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Services of this Agreement." If Consultant has no employees for whom Workers' Compensation insurance is required by federal or state statutes, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. 4 8.5. Certificates of Insurance. Prior to commencing the Services, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. City shall not be obligated, however, to review same or to advise Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement. 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 Agreement shall be delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its elected officials, officers, agents and employees are added as additional insured parties under this policy." In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. Consultant shall require its insurers to provide City thirty (30) calendar days' prior written notice of any nonrenewal, cancellation, or material change in the coverage under such policy reducing coverage to below the amounts required by this Agreement. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that 5 the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics and related executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, contractors, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section 10 shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason upon one hundred twenty (120) calendar days written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. City shall pay Consultant for completed and acceptable work performed pursuant to this Agreement prior to the date of termination. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected officials and appointed officers, special districts, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of 6 Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of the Services under this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subcontractors in the performance of the Services or any subcontract. Consultant's duty to defend, hold harmless, and indemnify City, its elected officials and appointed officers, special districts, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement, including any employee of Consultant, any tier of Consultant's subcontractor, or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable, but only to the extent caused by the negligence, recklessness, or intentional wrongful conduct of Consultant or any tier of Consultant's subcontractors, or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable in the performance of the Services under this Agreement or any subcontract. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the indemnity in this Section 12. The rights and obligations under this Section 12 shall survive the expiration or termination of this Agreement. 13. TAXES: Consultant shall pay as they become due all license, sales, consumer, transaction privilege, use, and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 14. PERMITS AND FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses, and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Services. Consultant represents and warrants that any license necessary to perform the Services is current and valid. Consultant understands that the activity described in this Agreement constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and, if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. Any activity by Consultant's consultants and subcontractors within the corporate city limits will invoke the same sales tax and business licensing regulations on the consultants and subcontractors, and Consultant shall require and ensure its consultants and subcontractors obtain and keep all applicable licenses current. 7 15. RECORDS: Records of Consultant's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Consultant shall maintain records for a period of at least two (2) years after expiration of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 16. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the Services described in this Agreement only through Consultant. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. As such, Consultant is not entitled to receive any benefits to which City employees are entitled by virtue of their employment with City. City shall not be responsible for payment to employees of Consultant for salaries, related taxes (including, but not limited to, federal Social Security tax as well as federal and state unemployment taxes) and all other expenses related to their employment or contractual relationship with Consultant. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. §41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this 8 Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any consultant, contractor or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law without effectuating an official amendment to this Agreement. Email notification of the modification would be sufficient notice. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. Written and signed amendments shall automatically become part of this Agreement and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. BINDING EFFECT, ASSIGNMENT AND DELEGATION: City and Consultant each bind themselves, their partners, successors, assigns and legal representatives to the other Party and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party shall assign the Agreement or sublet it as a whole or delegate the duties under this Agreement, without the written consent of the other Party, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 9 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 25. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Consultants who engage in boycotts of the State of Israel. Should Consultant engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of this Agreement. 26. PROHIBITED USE OF FORCED LABOR. In accordance with A.R.S. § 35-394, Consultant hereby certifies and agrees that Consultant does not currently and shall not for the duration of this Agreement use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China; 2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China; and/or 3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Consultant becomes aware during the Term that Consultant is not in compliance with this Section 26, then Consultant shall notify the City within five (5) business days after becoming aware of such noncompliance. If Consultant does not provide the City with written certification that Consultant has remedied such noncompliance within ninety (90) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such ninety (90) day remedy period, this Agreement shall terminate automatically. 27. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. [Signatures on next page] 10 IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation By: Mary Ann Przybylski Its: President/CEO CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: <29"' 6• 26 R. Joel Stern City Attorney 11 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_ , by as of Apache Junction Chamber of Commerce, an Arizona non-profit corporation Notary Public My Commission Expires: STATE OF ARIZONA } ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 12 EXHIBIT A SCOPE OF WORK The services to be provided to City shall include the following: 1. Operate a Visitor Information center ("Center") as approved and under the guidelines of the Arizona Office of Tourism ("AOT") as part of the Arizona Visitor Information Center ("AVIC") Designation Program (see Exhibit C). 2. Submit timely quarterly reports consistent with the customary reports established by the AOT AVIC program and a summarized expense report of direct costs associated with operating the Center. Detailed receipts for any of the expenditures may be requested by City and shall be produced by Consultant within ten (10) working days from receipt of such request. 3. Special projects clause: If special needs or opportunities arise related to enhancing visitor services beyond AVID requirements that Consultant would like City to consider supporting, those requests may be presented for consideration separately from this Agreement. There are no guarantees, expressed or implied, that any such request would be approved or funded by City. EXHIBIT B FEE SCHEDULE In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows: A. Within ten (10) City working days following the last day of each fiscal quarter, Consultant shall submit to City's Economic Development Department reports established by the ACT Guidelines and a summarized expense report of direct costs associated with operating the Center. B. An aggregate sum: a. 1st Quarter FY 2026/2027, $15,184.00, subject to Council appropriation of funds. b. 2nd Quarter FY 2026/2027, $15,184.00, subject to Council appropriation of funds. c. 3rd Quarter FY 2026/2027, $15,184.00, subject to Council appropriation of funds. d. 4th Quarter FY 2026/2027, $15,184.00, subject to Council appropriation of funds. e. 1st Quarter FY 2027/2028, $15,791.50, subject to Council appropriation of funds. f. 2nd Quarter FY 2027/2028, $15,791.50, subject to Council appropriation of funds. g. 3rd Quarter FY 2027/2028, $15,791.50, subject to Council appropriation of funds. h. 4th Quarter FY 2027/2028, $15,791.50, subject to Council appropriation of funds. i. 1 st Quarter FY 2028/2029, $16,423.00, subject to Council appropriation of funds. j. 2nd Quarter FY 2028/2029, $16,423.00, subject to Council appropriation of funds. k. 3rd Quarter FY 2028/2029, $16,423.00, subject to Council appropriation of funds. I. 4th Quarter FY 2028/2029, $16,423.00, subject to Council appropriation of funds. EXTENSIONS m. 1 st Quarter FY 2029/2030, $17,080.00, subject to Council appropriation of funds. n. 2nd Quarter FY 2029/2030, $17,080.00, subject to Council appropriation of funds. o. 3rd Quarter FY 2029/2030, $17,080.00, subject to Council appropriation of funds. p. 4th Quarter FY 2029/2030, $17,080.00, subject to Council appropriation of funds. q. 1st Quarter FY 2030/2031, $17,763.00, subject to Council appropriation of funds. r. 2nd Quarter FY 2030/2031, $17,763.00, subject to Council appropriation of funds. s. 3rd Quarter FY 2030/2031, $17,763.00, subject to Council appropriation of funds. t. 4th Quarter FY 2030/2031, $17,763.00, subject to Council appropriation of funds. C. Notwithstanding the fee arrangements outlined above, City reserves the right to quarterly review Consultant's performance as relates to the Scope of Work delineated in Exhibit A of this agreement. EXHIBIT C EW VISITOR INFORMATION CENTER Arizona Visitor Information Center (AVIC) Designation Program The Arizona Office of Tourism's (AOT) Arizona Visitor Information Center Designation program was created by AOT, in reference to A.R.S. 41-2305 B8, with the defined purpose of establishing a network of officially designated Arizona Visitor Information Centers (AVICs) throughout the state of Arizona. Primarily operated by local chambers of commerce or convention and visitor bureaus, designated AVICs help promote local Arizona communities as well as regional and statewide attractions, destinations, dining options, and hospitality amenities. These information centers often serve as a visitor's first stop, allowing communities to provide a positive first impression of the surrounding area and Arizona. Applicants choosing to participate in the program must accept the conditions and guidelines set forth by AOT. ACT will inform participants of any program updates or changes. Conditions and Guidelines for Obtaining an Official Arizona Visitor Information Center Designation 1. The Designee shall pay a one-time application fee of $250 and an annual $100 renewal fee. The $250 fee shall be payable in one lump sum upon the approval date of the official designation of the Arizona Visitor Information Center (AVIC). The $100 fee shall be payable in one lump sum on the renewal date of the designated center. Note that if an entity is currently part of AOT's Rural Cooperative Marketing Program, the AVIC one-time application fee is $125. The fees shall compensate AOT for costs incurred by the production of program material for the designated center. Late payments may cause the Designee to be excluded from AOT marketing publications and other promotional materials. 2. Once approved, AOT will facilitate a meeting between the Designee and the Arizona Department of Transportation (ADOT) for the construction and placement of local and state street/highway sign(s), such as the blue "Arizona Tourism Information" directional highway signs. The Designee shall provide clear directional highway and street signage to promote the location of the visitor center. Standards for such signs must comply with those established by ADOT. It is the responsibility of the Designee to maintain the general appearance of the sign and ensure that graffiti is removed and repairs are made to the sign. Those that are not repairable must be replaced. Highway signage shall be covered until the Designee has met all criteria, passed the initial inspection, received approval from AOT and opened. ARIZnNA VISITOR INFORMATION CENTER 3. The Designee shall not receive operational and/or marketing funds from the State of Arizona or AOT for the designated AVIC. 4. The Designee shall make an effort to operate with the support, and preferably the involvement, of the area's principal Destination Marketing Organization (DMO). 5. Any change to the Designee's management or their contact information must be submitted to AOT, in writing within thirty (30) calendar days of the date of the change. Any change in ownership of the facility must be submitted to AOT no less than ninety (90) calendar days in advance of the change. AOT reserves the right to refuse the official designation if new facility management does not comply with AOT's AVIC program conditions and guidelines. 6. The Designee shall be operated from a permanent structure of attractive architectural design at the address provided on the Designee Application. The center shall have no less than 500 square feet of public area unless otherwise approved in writing by ACT. An information kiosk, walk-up facility or other similar structures are not considered Official Arizona Local Visitor Information Centers unless approved in writing by AOT. 7. The Designee shall maintain attractively landscaped and clean grounds. 8. The Designee shall not include real estate and time-share sales, telemarketing and other high-pressure sales ventures. Involvement in such ventures shall result in termination of the official designation. ARJ7.a^,,,_ NA VISITOR INFORMATION CENTER 9. The Designee may sell books, souvenirs, cards, gifts, maps, apparel or other merchandise of value and relevance to travelers, so long as merchandise is of good taste and of competitive price to goods sold near the facility. 10. All Designees must be compliant with the Americans with Disabilities Act (ADA) and are subject to all federal laws pertaining to the ADA's most current requirements (www.ada.gov). If the designated center qualifies for ADA's historic building exceptions, the Designee must notify AOT during the application process. Any exceptions to ADA compliance must be approved in advance by AOT. 11. The Designee shall have adequate restroom facilities available for public use, including people with disabilities. The restrooms shall be ADA-compliant and must be properly maintained. If the designated center qualifies for ADA's historic building exceptions, the Designee must notify AOT during the application process. Any exceptions to ADA compliance must be approved in advance by AOT. 12. Except for the Thanksgiving, Christmas Day and New Year's Day holidays, the Designee shall be open a minimum of four days a week. Each center must be open and staffed a minimum of 30 hours per week. Hours of operation will be determined by Designee. Hours of operation must be clearly posted. Any exceptions or changes to these hours of operation must be approved in advance by AOT. 13. The Designee shall have available adequate parking with facilities for bus, recreational and other oversized vehicles when possible. A minimum of five-paved parking spaces must be available for visitors' usage, with at least one parking space designated "Wheelchair Accessible". If your parking lot has more than 26 parking spaces, ADA requirements change and must be met. (www.ada.g_ov). Any exception to ADA compliance must be approved in advance by AOT. 14. The Designee shall display marketing material signifying that they are an Official Arizona Local Visitor Information Center. The marketing material shall be prominently displayed on the interior and/or exterior of the designated center. AOT will provide the following marketing material: one (1) laminated Arizona state map, dry-erase markers and ARIZnNA VISITOR INFORMATION CENTER erasers, and two (2) identifying window placards. The cost of the marketing material is incorporated into the application fee. 15. The Designee shall display local, state, tribal or federal governmental tourism information, including those produced by AOT, at no cost to the governmental entities. AOT publications will be furnished to the designated center once it has received official designation. Publications will include, but are not limited to, the Official State Travel Guide and the Official State Visitor's Map. Should other publications become available through AOT, all designated centers will be notified. Publications will be disseminated based upon supply and demand. 16. The Designess shall promote all regional tourism related activities and attractions in the surrounding area not just those related to the designee's business. 17. The Designee's personnel shall be trained about Arizona tourism and statewide destinations under guidelines recommended by AOT. AOT shall assist by providing training to the Designee's management, who shall ensure the center's staff is similarly trained. 18. The Designee shall be provided four (4)Arizona Tourism Branded shirts for the designated center's personnel to wear when possible and two (2) Arizona Tourism Branded hats. Cost of the apparel is incorporated into the application fee. The Designee may purchase additional shirts or hats if wanted. 19. The Designee shall provide general Arizona tourist information within the designated center. Displays must include information about traveling within the immediate region, as well as throughout Arizona, and must include state maps, regional maps and brochures, about Arizona travel destinations. The displayed information should equally represent the state in its entirety. Topics for displayed information should include, but not be limited to, attractions, recreation, accommodations, restaurants, retail, transportation and travel ARIZOPM VISITOR INFORMATION CENTER services. No more than ten percent (10%) of the total literature offered may represent non-Arizona entities. 20. Each center must display a large (24" X 30") laminated state map, provided by AOT. Cost is incorporated into a one-time application fee. 21. The Designee shall maintain and report information monthly to ACT including, but not limited to, statistics regarding the number of visitors to the designated center. These monthly visitor numbers shall be submitted to AOT by the 1 st business day of the following month. Failure to report this information in a timely manner may result in the exclusion of the designated center in AOT's marketing programs, projects and state tourism publications. 22. The Designee shall be highlighted on AOT's consumer website, VisitArizona.com, Visit Arizona App, the Official State Travel Guide, travel maps and other Arizona Tourism related publications maintained and issued by AOT. The Designee must provide reciprocal promotion of the Visit Arizona website (VisitArizona.com) in advertising, promotional activities, related collateral, on its website and on the physical premises. 23. AOT shall conduct inspections of the designated center, both announced and unannounced. Failure to pass an inspection may result in an additional inspection. Failure to pass a second inspection in a year may result in loss of all program specific benefits (website listing, state travel guide listings, Visit Arizona listing). Designee will be placed on a 60-day probation to fix issues noted in the inspection. Failure to fix issues will result in the loss of designation as an Official Arizona Local Visitor Information Center. If designation is revoked, the Designee must reapply to AOT for reconsideration after six months. 24. Any variation from this plan not approved by AOT shall make the Designation null and void. ARIZnNAESPI VISITOR INFORMATION CENTER For questions or more information about the Arizona Visitor Information Center program, please contact Jenna Lehman, Sr. Community Relations Manager, at 602-3644158 or via email at jlehman@tourism.az.gov. Presentation and Discussion on Professional Services Agreement for Operation of a Local Visitor Information Center Economic Development Department VISITOR CENTER BACKGROUND • Promote local attractions, community events, dining & shopping options, lodging, and amenities • Sell merchandise/art from local businesses • Primarily operated by local chambers of commerce or visitor bureaus • A "one stop shop" for out-of-town visitors to provide a positive, first impression of the area • City has contracted with Apache Junction Area Chamber of Commerce since 1988 CURRENT OPERATIONS • Operates out of Chamber facility in downtown • 9 volunteers • Accredited through Arizona Visitor Information Center (AVIC) Designation Program • Operation requirements, reporting, inspections, training • Receives exposure on official Visit Arizona publications • Positive performance reviews • One of the top-visited centers in the AVIC Program • 4.6/5 on Google (61 reviews), 4.7/5 on Tripadvisor (43 reviews) SERVICE AGREEMENT • Current contract ends June 30t'', 2026, with $58,400 as the amount due for this fiscal year • Similar to the current contract, proposed terms are a three-year agreement with options for two, one-year extensions, and 4% annual increases: • FY 26/27: $60.9736,00 • FY 27/28: $63pl66,00 • FY 28/29: $65p692,00 Extension Options: • FY 29/30: $68.9320.,00 • FY 30/31: $71.9052.,00 • Staff recommends continuing to contract for visitor center services with the Chamber • Anticipated to be on consent agenda for June 16 1h City Council Meeting FISCAL COMPARISON • Estimated annual cost if City operated a Visitor Center, assuming 2 employees and 2,000 SF space = $1719596 • All-in cost of an employee with a $45.,OW salary = $61,978 x 2 employees = $1239596 • Annual market office rent in Apache Junction = $2AISF x 2,000 SF = $48,000 • Proposed contract amount with Chamber FY 26/27 = $60,736 APACHE UNCTION AREA ' CHAMBER OF COMMERCE ' Apache Junction Area Chamber of Commerce and Visitor Center f ` -,art w ._�. 100 Serves visitors, residents, and businesses Visitor Center Overview 0 Hub for tourism and relocation information 0 Connector to local businesses and events APACHE f � UNCTION AREA CHAMBER OF COMMERCE Mot/ Partnership with the City of Apache Junction • Longstanding partnership with the City • Operates under contract to provide services • Supports City goals: Tourism, Economic Development, Community Engagement Key Accomplishments • 9, 604 annual visitors served in 2025 • Increased community engagement • Expanded programs and outreach — • Enhanced visibility of local businesses • Officially designated Arizona Visitor Information Center (AVIC) for AOT 4 ARIZnNA OFFICE OF TOURISM To:City of Apache Junction From:Jenna Lehman,Sr.Community Affairs Manager Date:April 9,2026 RE:Arizona Visitor Information Center Program This letter is to confirm that Apache Junction Area Chamber of Commerce and Visitor Center is currently in good standing in Arizona Office of Tourism's(ACT)Arizona Visitor Information Center(AVIC)program. The Apache Junction Area Chamber of Commerce and Visitor Center has been involved in the AVIC program for the last few years and their performance,conduct,and compliance with program requirements have met and exceeded our standards.The most recent on-site inspection occurred on September 9th,2025 and there were no concerns or corrective actions required. AOT values Apache Junction Area Chamber of Commerce and Visitor Center partnership and dedication in promoting Arizona to travelers near and far. Sincerely, 15�� Jenna Lehman Sr.Community Affairs Manager 1110 W.Washington St.,Suite 155,Phoenix,AZ 85007 ♦ [P]602.364.3700 IF]602.364.3702 Katie Hobbs,Governor ♦ Alix Skelpsa-Ridgway,Director 5 Business-Tourism.az.gov ♦ Travel Information-VisitArizona.com 2025 Total Visitors Arizona : 3 , 699 Out-of-State : 5 , 193 a Foreign Visitors : 712 _ TOTAL : 9 , 6 0 4 yIAPACHE JUNCTION AREA 2025 OutmofmState Visl* tors WASHINGTON 237 3 MONTANA NORTH DAKOTA MAINE OREGON 99 308 9 1 MINNESOTA VT IDAHO 96 SOUTH DAKOTA 1323 WISCONSIN 45 4 3 MASS WYOMING 244 � 03 7 NEW YORK MICHIGAN CONN RI 0 69 NEVADA IOWA PENNSYLVANIA JNEW ERSEY 10 COLORADO NEBRASKA 5 04 8 7 58 16 UTAH 31 OHIO DELAWARE8 ILLINOIS INDIANA 92 DC CALIFORNIA 36 211 VWEST IRGINA 0 MARYLAND 1 6 74 179 KANSAS 2 7 31 MISSOURI � VIRGINIA 107 KENTUCKY NORTH CAROLINA ARIZONA TENNESSEE 1 7 7 NEW MEXICO OKLAHOMA �� 1 ARKANSAS SOUTH 15 CAROLINA 15 3 2 LOUISIANA 2 ALABAMA GEORGIA 13 TEXAS MISSISSIPPI 28 26 2 � ALASKA a Q 27 APACHE b pC� FLORIDA , HAWAII UNCTION AREA a�o o o II e_o�ooO�° 1i CHAMBER OF COMMERCE 00 lll��7 2025 Forei* gn Visi* tors Belgium 2 Mexico 3 Canada 681 Netherlands 5 England 4 Scotland 2 France 2 Sweden 2 Germany 5 Switzerland 2 Japan 4 Ukraine 2 Laos 1 APACHE UNCTION AREA CHAMBER OF COMMERCE APACHE 2024 vs 202 -9 Visl" tr Counts UNCTION AREA x CHAMBER OF COMMERCE In-State Counts Out-of-State Counts Foreign Counts Total Counts 2024 2025 2024 2025 2024 2025 2024 2025 January 419 432 1522 1403 238 207 2179 2042 February 807 828 1296 1488 231 231 2334 2547 March 216 222 653 590 138 88 1007 900 April 196 144 191 171 33 16 420 331 May 233 310 44 35 6 16 283 361 June 224 215 6 12 0 0 230 227 July 177 226 16 22 6 4 199 252 Au ust 253 265 12 8 0 2 265 275 September 245 247 32 22 7 10 284 279 October 302 293 194 235 27 22 523 550 November 248 291 564 540 98 69 910 900 December 165 226 518 667 92 47 775 940 Total:j 3485 3699 5048 5193 876 712 9409 9604 Economic Impact • Referral to local businesses daily • Support of local events and festivals • Drives visitor spending into the community • Supports small business growth 10 Programs & Services • Visitor assistance & relocation information • Business referrals & promotions • Event support and coordination • Volunteer engagement S COV E R Marketing & Promotion 2026 OFFICIAL GUIDf BUSINESS,VACATION,AND RELOCATION Welbsite . • digital • , engagement Social media promotion r✓ Discover Magazine and visitor g 'des �+�► r Regional partnerships 12 Business k EAST MESA APACHE JUNCTION GOLD CANYON Directory Operational Efficiency • Lean staffing model • Strong volunteer support • Cost-effective service delivery • Chamber resources leveraged 13 Looking Ahead • Expanded outreach and engagement 1 r • Enhanced visitor experience • Increase business promotion • Continued alignment with City goals 14 Visitor Center Refresh • Updated and modernized space • Improved visitor experience • Enhanced display of local businesses and materials • More welcoming and functional environment • Coordinated with the Arizona Officer of Tourism the temporary closure of the visitor center for the refresh 15 Contract Overview z � r • Continuation of current services • Proven partnership model y' • Consistent value to the City J. 7-7 _ +� a IL �y_L�- �� %'' � _. '..`, rs _ ���� Y 5, SLR� ?���.;� u'�."-L�'� �. _ _� ~�• d .."���` •.- - ~lam \" .. - '��"�i 1 C• , ■ Apache Junction Area Chamber of Commerce and Visitor Center Thank you City of Apache Junction, Arizona 300 E Superstition Boulevard U = Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. 'PizoN►' File ID: 26-316 Sponsor: Michael Pooley Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of Resolution No. 26-25 authorizing an intergovernmental agreement for cooperative law enforcement training operations with the City of Mesa. City of Apache Junction,Arizona Page 1 Printed on 611112026 '� Apache Junction Police Department °' Memorandum Date: May 5, 2026 To: Mayor and City Council From: Commander Michael Beaton Subject: Resolution No. 26-25 authorizing an IGA for cooperative law enforcement training operations. Attached for your consideration is an Intergovernmental Agreement ("IGA") between the City of Mesa and the City of Apache Junction for cooperative law enforcement training operations. This agreement will allow both agencies to participate in a joint law enforcement activity including driving, firearms training, force/defensive tactics, and other related law enforcement exercises. Approval of this agreement will provide Apache Junction Police Department personnel with greater access to regional training opportunities and specialized facilities, while strengthening the partnership with the Mesa Police Department. The IGA is voluntary in nature and does not obligate either agency to provide or attend any specific training. The IGA will remain in effect through May 3, 2027, unless extended by mutual written agreement, and may be terminated by either party with 30 days' written notice. It is recommended the council approve Resolution No. 26-25 which authorizes the mayor to execute the IGA. RESOLUTION NO. 26-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION, ARIZONA THROUGH ITS POLICE DEPARTMENT TO ENTER AN INTERGOVERNMENTAL AGREEMENT ("IGA") WITH THE CITY OF MESA, ARIZONA FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS . WHEREAS, the cities of Apache Junction and Mesa (the "Parties") are authorized pursuant to A. R. S . § 11-951, et seg. , to enter into agreements to carry out public agency services; and WHEREAS, the Parties desire to enter into an intergovernmental agreement ("IGA") for the purpose of conducting joint law enforcement training; and WHEREAS, the attached IGA sets forth the obligations under the IGA. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RESOLVE AS FOLLOWS: 1) The mayor and city council authorize the mayor to execute a duplicate ropy of the attached IGA ("Attachment A") for joint training operations . 2) The mayor and city council hereby further authorize the police chief or his designee to take all actions necessary to effectuate the purpose of the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2026. SIGNED AND ATTESTED TO THIS DAY OF 2026. WALTER "CHIP" WILSON Mayor ATTEST: YVETTE MCKINNEY City Clerk RESOLUTION NO. 26-25 PAGE 1 OF 2 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 26-25 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION City of Mesa Contract No.: DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT {00599077.1} 1 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT("Agreement")is entered into as of the_day of ,2026 ("Effective Date") between CITY OF MESA("City"), an Arizona municipal corporation, and CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, collectively known herein as the"Parties" and each individually as "Party." RECITALS The Parties are authorized pursuant to A,R.S. §§ 11-951, et seq., and the respective provisions of their applicable City laws and related code and ordinances to enter into agreements to carry out public agency services. Additionally, the Parties all perform the function of law enforcement within their respective jurisdictions. Moreover, the Parties have a need for cooperative law enforcement training operations between their respective jurisdictions. Therefore, in consideration of the mutual promises and obligations set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows. AGREEMENT I. Purpose of the Agreement: The Parties desire to enter into this Agreement for the purpose of conducting joint law enforcement training (specifically, driver's training, firearms training, use of force/defensive tactics related training, and other related law enforcement training) attended by designated sworn law enforcement personnel. II. Duration, Renewal and Termination: This Agreement shall become effective on the date it is adopted by the Parties and shall terminate May 3, 2027, unless otherwise extended. This Agreement may be extended for two (2) additional two (2) year terms upon written agreement of the Parties. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) calendar days' written notice to the other Party. 111. Definitions: Host Agency:The Party sponsoring or conducting training at its facilities. Non-Host Agency: The Party whose employees will attend training at or conducted by the Host Agency. {00599077.1) 2 TV. Availability of Training: This Agreement allows, pursuant to its terms, either Party to participate in training of the Host Agency; nothing in this Agreement requires either Party to provide training or to participate in training. V. Financial Responsibilities; Equipment and Assistance with 'Iraining: Host Agency is responsible for the costs associated with the training except that the Host Agency shall specify the required equipment and materials needed for the Non-Host Agency employees to participate in the training and the Non-Host Agency agrees to provide, at its sole cost and expense, such equipment and materials to its employee(s) as a condition of participating in training. All equipment and materials purchased by a Party shall remain the property of that purchasing Party. However, this provision shall not be construed to prohibit any use of materials or equipment of another Party that is merely nominal and incidental, or on an emergency basis. In the event that a Host Agency requires a fee to participate in its training, the Parties shall agree upon a reasonable fee that the Non-Host Agency shall pay to the Host Agency for training that falls within this Agreement. Any such agreement providing for participation fee(s) shall be in writing and is subject to the approval of each Party's governing body, or the governing body's delegee when authorized. In establishing the fee, the Parties may consider the nature and duration of the training; additional expenses associated with participation by the Non-Host Agency; non-monetary contributions by the Non-Host Agency in facilities, personnel or equipment, and; the experience, value and goodwill inherent in the Parties training together. The Chief of Police or Sheriff of the Host Agency has the discretion to waive fees, in whole or in part, for the Non-Host Agency when it is in the best interest of the Host Agency. VI. Training Records: The Host Agency will maintain records of lesson plans, class and attendance rosters, and other training documentation in accordance with Arizona law. The Host Agency will provide a copy of such training records related to Non-Host Agency employees to the Non- Host Agency upon request. VII. Agreement to Hold Harmless: To the maximum extent permitted by law, each Party (as "lndemnitor") agrees to indemnify, defend and hold harmless the other Party, its officers, officials, agents, employees, or volunteers 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 actions taken in performance of this IGA to the extent that such Claims are caused by the acts, omissions, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The indemnifying Parry's obligations under this paragraph shall not extend to any Claims to the extent caused (00599077.1) 3 by the negligence or misconduct of the other Party. If a Claim or Claims by third parties becomes subject to this section,the governmental parties to this IGA that are the subject of the Claim or Claims shall cooperate to the maximum extent possible. The obligations under this Section shall survive the termination and/or expiration of this Agreement. VIII. Insurance: Each Party shall obtain and maintain at its own expense, during the entire term of such Parry's participation in this IGA, the following type(s) and amounts of insurance: Commercial General Liability in the amount of at least$2,000,000 Combined Single Limit per occurrence. Comprehensive Automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this IGA with limits in the amount of at least $2,000,000,00 combined single limit per occurrence. Worker's Compensation coverage, including employees' liability coverage, as required by law. Either Party may satisfy the requirements of this Section with proof of self-insurance. IX. Notices: All notices or other correspondence between the Parties regarding this Agreement shall be in writing and mailed or delivered to the respective Parties as follows. The date of mailing shall serve as the date of receipt for the purposes of required advance notice(s) provided for under this Agreement. If to City of Mesa: Scott Butler, City Manager City of Mesa 20 East Main Street Mesa,A7, 85201 With a copy to: Jim Smith, City Attorney City of Mesa 20 East Main Street If to City of Apache Junction: Chief Michael Pooley City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 {00599077.11 4 With a copy to: R. Joel Stern City Attorney 300 E. Superstition Blvd Apache Junction,AZ 85119 X. Other Duties Imposed by Law: Nothing in this Agreement shall be construed as relieving either Party of any obligation or responsibility imposed on it by law. XI. Waiver of Terms and Conditions: The failure of either Party to insist in any one or more instances on performance of any of the terms or conditions of this Agreement, or to exercise any right or privilege contained herein, shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. XII. Conflict of Interest: This Agreement is subject to cancellation pursuant to A.R.S. § 38-511. XIII. Compliance with Laws and Policies: The Parties shall comply with all federal, state, local laws, rules, regulations, standards, and Executive Orders applicable to this Agreement and the duties of the Parties herein, including, without limitation those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance of this Agreement, and any disputes hereunder. Furthermore, the Parties agree to abide by each Parry's policies to the extent appropriate and required or permitted by law. X1V. Employment Status and Compensation of Law Enforcement Officers: The Parties acknowledge that under this Agreement that no employee or participant of one Party is to be considered an employee of the other Party for any purpose whatsoever, and that no rights of a Party's merit, retirement, personnel rules, or other benefit provided to that Parry's employees shall accrue to the other Parry's employees. Each Party shall, at its sole cost and expense, be solely and exclusively the responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, and other employee benefits, as well as all taxes and premiums appurtenant thereto, concerning their respective employees and each Party shall defend, indem-nify, save and hold harmless the other Party with respect thereto. Employees of a Party shall remain under the direction and control of the Party that is its employer. The Parties shall each provide workers' compensation insurance in accordance with applicable law, as well as salary, benefits, appropriate equipment, and uniforms for their respective employees. Except as otherwise provided by law, specifically A.R.S. § 23- 1022(D), in the performance of this Agreement, each Party hereto will be acting in its f 00599077.1) 5 individual governmental capacity and not as an agent, employee, partner,joint venture or associate of the other. The employees. agents. or subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other Party. XV, Workers'Compensation /Posting: Pursuant to A.R.S. § 23-1022(D), for the purposes of workers' compensation coverage, all employee participants of each respective Party shall be deemed to be an employee of their respective Party. Each Party shall be solely liable for payment of workers- compensation benefits for its own employees. The Parties agree to each provide any posting and notice to the employees, as required A.R.S. § 23-1022(E)or otherwise provided by law. XVI. Compliance with Civil Rights: The Parties to this Agreement agree to comply with the applicable provisions of A.R.S. Title 41, Chapter 9 (Civil Rights). Arizona Executive Order 2009-09,Arizona Executive Order 2023-01 and any other federal or state laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. XVII. Compliance with the E-VERIFY Program: To the extent provisions or A.R.S. § 41-4401 an: applicable, each Party warrants to the other Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. § 23-214(A).A breach or this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement.The Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement, or any related subcontract, to ensure compliance with the warranty given above. Either Party may conduct a random verification of the employment records of the other Party to ensure compliance with this warranty. A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by § U.S.C. 1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S_ § 23-214(A). The provisions of this Article must be included in any contract either Parry enters into with any and all of its contractors or subcontractors who provide services under this Agreement. XVIII.No Joint Venture: It is not intended by this Agreement to. and nothing contained in this Agreement shall, be construed to create any partnership.joint venture. or employment relationship between the Parties or create any employer-employee relationship between the Parties` employees. Neither Party shall be liable for any debts, accounts, obligations, or other liabilities {00599077.1) 6 whatsoever of the other Party including, but without limitation, the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. Each Party shall act in its individual capacity and not as an agent, employee, partner,joint venturer, associate, or any other representative capacity of the other party. Each Party shall be solely and entirely responsible for its acts or acts of its agents and employees during the performance of this Agreement. This Agreement shall not be construed to imply authority- to perform any tasks, or accept any responsibility, not expressly set forth herein. This Agreement shall be strictly construed against the creation of a duty or responsibility unless the intention to do so is clearly and unambiguously set forth herein. Nothing contained in this Agreement confers any right to any person or entity not a parry to this Agreement. XIX. No Third-Party Beneficiaries: Nothing in this Agreement is intended to create duties or obligations to or rights in third parties who are not the named Parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XX. Non-Assignment: Neither Party shall assign its interest in this Agreement, either in whole or in part. XXI. Severability: If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law,the validity of the remaining portions and provisions hereof shall not be affected. XXIL Governing Law, Dispute Resolution, and Jurisdiction: The laws of the State of Ari2ona govern this Agreement. Venue will be in a court of competent jurisdiction in Maricopa County. The Parties agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review,pursuant to A.R.S. § 12-1518(A),except as may be required by other applicable statutes. XXIII.Entire Agreement: This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either expressed or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. XXIV.Amendment: 100599077.11 7 This Agreement may not be modified, except by written amendment, duly executed by both Parties. XXV. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures. XXVI. Israel Boycott Provision; Uyghurs Boycott Provision: Each Party certifies to the other Party that it is not currently engaged in and agrees for the duration of This IGA not to engage in a boycott of Israel as defined in A.R,S. § 35- 393. Each Party agrees to comply with all of its obligations under A.R.S. § 35-394,and hereby certifies that it does not currently, and agrees for the duration of This IGA that it will not, use the forced labor of ethnic Uyghurs in the People's Republic of China, or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China, or any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China SIGNATURES ON FOLLOWING PAGE f00599077.1) 8 IN WITNESS WHEROF, the Parties hereto have executed this Agreement as of the day and year set forth below: City of Mesa City of Apache Junction Date: Date: By: By: Title: Title: Attest: Attest: By: By: Title: Title: Pursuant to ARS I1-952 (D) The undersigned attorneys have reviewed this Intergovernmental Agreement and have determined it is in proper form and within the powers and authority granted to the Parties under the laws of Arizona. City of Mesa City of Apache Junction Jack Vincent R. Joel Stern Assistant City Attorney City Attorney {00599077.1} 9 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESA AND THE CITY OF APACHE.JUNCTION City of Mesa Contract No.: DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT {00599077.1} 10 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION City of Mesa Contract No.; DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT (00599077.11 1 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESA AND THE CITY OF APACHE JUNCTION THIS AGREEMENT("Agreement")is entered into as of the_day of ,2026 ("Effective Date") between CITY OF MESA("City"), an Arizona municipal corporation, and CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, collectively known herein as the "Parties" and each individually as "Party." RECITALS The Parties are authorized pursuant to A.R.S. §§ 11-951, el seq., and the respective provisions of their applicable City laws and related code and ordinances to enter into agreements to carry out public agency services. Additionally, the Parties all perform the function of law enforcement within their respective jurisdictions. Moreover, the Parties have a need for cooperative law enforcement training operations between their respective jurisdictions. Therefore,in consideration of the mutual promises and obligations set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows. AGREEMENT I. Purpose of the Agreement: The Parties desire to enter into this Agreement for the purpose of conducting joint law enforcement training (specifically, driver's training, firearms training, use of force/defensive tactics related training, and other related law enforcement training) attended by designated sworn law enforcement personncl. II. Duration, Renewal and Termination: This Agreement shall become effective on the date it is adopted by the Parties and shall terminate May 3, 2027, unless otherwise extended. This Agreement may be extended for two (2) additional two (2) year terms upon written agreement of the Parties. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) calendar days' written notice to the other Party. III. Definitions: Host Agency: The Party sponsoring or conducting training at its facilities. Non-Host Agency. The Party whose employees will attend training at or conducted by the Host Agency. f00599077.1) 2 IV. Availability of')mining: This Agreement allows, pursuant to its terms, either Party to participate in training of the Host Agency; nothing in this Agreement requires either Party to provide training or to participate in training. V. Financial Responsibilities; Equipment and Assistance with Training: Host Agency is responsible for the costs associated with the training except that the Host Agency shall specify the required equipment and materials needed for the Non-Host Agency employees to participate in the training and the Non-Host Agency agrees to provide, at its sole cost and expense, such equipment and materials to its employee(s) as a condition of participating in training. All equipment and materials purchased by a Party shall remain the property of that purchasing Party. However, this provision shall not be construed to prohibit any use of materials or equipment of another Party that is merely nominal and incidental, or on an emergency basis. In the event that a Host Agency requires a fee to participate in its training,the Parties shall agree upon a reasonable fee that the Non-Host Agency shall pay to the Host Agency for training that falls within this Agreement. Any such agreement providing for participation fee(s) shall be in writing and is subject to the approval of each Party's governing body, or the governing body's delegee when authorized. In establishing the fee, the Parties may consider the nature and duration of the training; additional expenses associated with participation by the Non-Host Agency; non-monetary contributions by the Non-Host Agency in facilities, personnel or equipment, and; the experience, value and goodwill inherent in the Parties training together. The Chief of Police or Sheriff of the Host Agency has the discretion to waive fees, in whole or in part, for the Non-Host Agency when it is in the best interest of the Host Agency. VI. Training Records: The Host Agency will maintain records of lesson plans, class and attendance rosters, and other training documentation in accordance with Arizona law. The Host Agency will provide a copy of such training records related to Non-Host Agency employees to the Non- Host Agency upon request. VII. Agreement to Hold Harmless: To the maximum extent permitted by law, each Party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other Party, its officers, officials, agents, employees, or volunteers 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 actions taken in performance of this IGA to the extent that such Claims are caused by the acts, omissions, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. The indemnifying Party's obligations under this paragraph shall not extend to any Claims to the extent caused (00599077.11 3 by the negligence or misconduct of the other Party. If a Claim or Claims by third parties becomes subject to this section, the governmental parties to this IGA that are the subject of the Claim or Claims shall cooperate to the maximum extent possible. The obligations under this Section shall survive the termination and/or expiration of this Agreement. VIII. Insurance: Each Party shall obtain and maintain at its own expense, during the entire term of such Party's participation in this IGA, the following type(s) and amounts of insurance: Commercial General Liability in the amount of at least$2,000,000 Combined Single Limit per occurrence. Comprehensive Automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this IGA with limits in the amount of at least $2,000,000.00 combined single limit per occurrence. Worker's Compensation coverage, including employees' liability coverage, as required by law. Either Party may satisfy the requirements of this Section with proof of self-insurance. IX. Notices: All notices or other correspondence between the Parties regarding this Agreement shall be in writing and mailed or delivered to the respective Parties as follows. The date of mailing shall serve as the date of receipt for the purposes of required advance notice(s) provided for under this Agreement. If to City of Mesa: Scott Butler, City Manager City of Mesa 20 East Main Street Mesa,AZ 85201 With a copy to: Jim Smith, City Attorney City of Mesa 20 East Main Street If to City of Apache Junction: Chief Michael Pooley City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 (00599077.11 4 With a copy to: R. Joel Stern City Attorney 300 E. Superstition Blvd Apache Junction,AZ 85119 X. Other Duties Imposed by Law: Nothing in this Agreement shall be construed as relieving either Party of any obligation or responsibility imposed on it by law. XI. Waiver of Terms and Conditions: The failure of either Party to insist in any one or more instances on performance of any of the terms or conditions of this Agreement, or to exercise any right or privilege contained herein, shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. XII. Conflict of Interest: This Agreement is subject to cancellation pursuant to A.R.S. § 38-511. XIII. Compliance with Laws and Policies: The Parties shall comply with all federal, state, local laws, rules, regulations, standards, and Executive Orders applicable to this Agreement and the duties of the Parties herein, including, without limitation those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance of this Agreement, and any disputes hereunder. Furthermore, the Parties agree to abide by each Party's policies to the extent appropriate and required or permitted by law. XIV. Employment Status and Compensation of Law Enforcement Officers: The Parties acknowledge that under this Agreement that no employee or participant of one Party is to be considered an employee of the other Party for any purpose whatsoever, and that no rights of a Party's merit, retirement, personnel rules, or other benefit provided to that Party's employees shall accrue to the other Parry's employees. Each Party shall, at its sole cost and expense, be solely and exclusively the responsibility for all salaries, wages, bonuses, retirement, withholdings, workman's compensation, occupational disease compensation, unemployment compensation, and other employee benefits, as well as all taxes and premiums appurtenant thereto, concerning their respective employees and each Party shall defend, indemnify, save and hold harmless the other Party with respect thereto. Employees of a Party shall remain under the direction and control of the Party that is its employer. The Parties shall each provide workers' compensation insurance in accordance with applicable law, as well as salary, benefits, appropriate equipment, and uniforms for their respective employees. Except as otherwise provided by law, specifically A.R.S. § 23- 1022(D), in the performance of this Agreement, each Party hereto will be acting in its (00599077.11 5 individual governmental capacity and not as an agent, employee, partner,joint venture or associate of the other. The employees. agents. or subcontractors of one Party shall not be deemed or construed to be the employees or agents of the other Party. XV. Workers' Compensation /Posting: Pursuant to A.R.S. § 23-1022(D), for the purposes of workers' compensation coverage, all employee participants of each respective Party shall be deemed to be an employee of their respective Party. Each Party shall be solely liable for payment of workers- compensation benefits for its own employees. The Parties agree to each provide any posting and notice to the employees, as required A.R.S. § 23-1022(E) or otherwise provided by law. XVI. Compliance with Civil Rights: The Parties to this Agreement agree to comply with the applicable provisions of A.R.S. Title 41, Chapter 9 (Civil Rights). Arizona Executive Order 2009-09,Arizona Executive Order 2023-01 and any other federal or state laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students. XVIL Compliance with the E-VERIFY Program: To the extent provisions or A.R,S. § 41-4401 an: applicable, each Party warrants to the other Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Program under A.R.S. § 23-214(A).A breach or this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement.The Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement, or any related subcontract, to ensure compliance with the warranty given above.Either Party may conduct a random verification of the employment records of the other Party to ensure compliance with this warranty. A Party will not be considered in material breach of this Agreement if it establishes that it has complied with the employment verification provisions prescribed by § U.S.C. 1324(a)and (b) of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214(A). The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement. XVIII.No Joint Venture: It is not intended by this Agreement to, and nothing contained in this Agreement shall, be construed to create any partnership.joint venture. or employment relationship between the Parties or create any employer-employee relationship between the Parties' employees. Neither Party shall be liable for any debts, accounts, obligations, or other liabilities {00599077.1) 6 whatsoever of the other Party including, but without limitation, the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. Each Party shall act in its individual capacity and not as an agent, employee, partner,joint venturer, associate, or any other representative capacity of the other party. Each Party shall be solely and entirely responsible for its acts or acts of its agents and employees during the performance of this Agreement. This Agreement shall not be construed to imply authority- to perform any tasks, or accept any responsibility, not expressly set forth herein. This Agreement shall be strictly construed against the creation of a duty or responsibility unless the intention to do so is clearly and unambiguously set forth herein. Nothing contained in this Agreement confers any right to any person or entity not a party to this Agreement. XIX. No Third-Party Beneficiaries: Nothing in this Agreement is intended to create duties or obligations to or rights in third parties who are not the named Parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XX. Non-Assignment: Neither Party shall assign its interest in this Agreement, either in whole or in part. XXI. Severability: If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law,the validity of the remaining portions and provisions hereof shall not be affected. XXII. Governing Law, Dispute Resolution, and Jurisdiction: The laws of the State of Arizona govern this Agreement. Venue will be in a court of competent jurisdiction in Maricopa County. The Parties agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review,pursuant to A.R.S. § 12-15 l 8(A), except as may be required by other applicable statutes. XXIII.Entire Agreement: This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either expressed or implied, written, or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. XXIV.Amendment: {00599077.11 7 This Agreement may not be modified, except by written amendment, duly executed by both Parties. XXV. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures. XXVI,Israel Boycott Provision; Uyghurs Boycott Provision: Each Party certifies to the other Patty that it is not currently engaged in and agrees for the duration of This IGA not to engage in a boycott of Israel as defined in A.R.S. § 35- 393. Each Party agrees to comply with all of its obligations under A.R.S. § 35-394,and hereby certifies that it does not currently, and agrees for the duration of This IGA that it will not, use the forced labor of ethnic Uyghurs in the People's Republic of China, or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China, or any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China SIGNATURES ON FOLLOWING PAGE (00599077.1} 8 IN WITNESS WHEROF, the Parties hereto have executed this Agreement as of the day and year set forth below: City of Mesa City of Apache Junction Date: Date: By: By: Title: Title: Attest: Attest: By: By: Title: Title: Pursuant to ARS 11-952 (D) The undersigned attorneys have reviewed this Intergovernmental Agreement and have determined it is in proper form and within the powers and authority granted to the Parties under the laws of Arizona. City of Mesa City of Apache Junction 2 Jack Vincent R. Joel Stern Assistant City Attorney City Attorney f00599077.11 9 INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE CITY OF MESAAND THE CITY OF APACHE.UNCTION City of Mesa Contract No.: DO NOT REMOVE THIS IS PART OF THE OFFICIAL DOCUMENT {00599077.1} 10 MESA-APACHE JUNCTION POLICE TRAINING IGA JUNE 1, 2026 Cooperative Law Enforcement Training Agreement Presented by Lieutenant Seth Painter MESA PD PARTNERSHIP OPPORTUNITY • Mesa PD operates a dedicated EVOC / driving track. " • Shared training reduces duplication and operational costs. • Regional training improves interoperability between agencies. • Agreement complies with Arizona intergovernmental agreement statutes (A.R.S. §§ 11-951 et seq.). i KEY AGREEMENT HIGHLIGHTS • Cooperative law enforcement training agreement. • Includes driver training, firearms, and tactical instruction. • Each agency remains responsible for personnel and equipment. • Agreement term runs through May 3, 2027 with the option for 2 additional 2 year renewals. RECOMMENDATION / COUNCIL ACTION • APPROVE THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA Questions? City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. '+PizoN►' File ID: 26-317 Sponsor: Jamie Sullivan Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of approval of the Third Amendment to the Professional Services Agreement between the City of Apache Junction and Central Arizona Council on Developmental Disabilities for senior services transportation. City of Apache Junction,Arizona Page 1 Printed on 611112026 O�PP ACHE✓G�� Z City �o ache Junction U wJ. gPIZW4 Home of the Superstition Mountains Memorandum To: Honorable Mayor and Members of City Council Memorandum Through: Liz Langenbach, Parks and Recreation Director Bryant Powell, City Manager Memorandum From: Jamie Sullivan, Recreation Superintendent Date: May 21 st, 2026 Subject: Third Amendment to the Professional Service Agreement for Senior Transportation On August 1st, 2017, The City of Apache Junction entered into an agreement with Central Arizona Council On Developmental Disabilities ("CACDD") to provide transportation services to our senior and disabled populations. Transportation services included: transportation to and from the MGC for weekday lunch, medical and shopping trips. This program is funded through Central Area Aging, grants, participant donations and the general fund. The notable changes in this amendment are: • Increase in daily transportation from $240 per day to $275 per day • Transportation for individual services (medical/shopping) will increase from $8 per mile to $10 mile and from $25 per hour to $40 per hour. This service is rarely needed. • Added fee for extended service area-if needed • Added language and fee to accommodate if a second vehicle is required With the rising cost of fuel, personnel cost and a broader service area, staff feel this is a fair adjustment. This is a vital program providing various transportation options to the senior community. The partnership with CACDD has been very successful and staff recommend this amendment for council's approval. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85219 9 www.aiciiy.net 9 PHONE(480)983-2181•FAX(480)982-2438•TDD(480)983-0095 AGREEMENT FOR SENIOR TRANSPORTATION SERVICES BETWEEN CITY OF APACHE JUNCTION AND CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES PROJECT NO. PR-17-03 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and Central Arizona Council on Developmental Disabilities ("Contractor"), both whom shall collectively be referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor has responded to City's request for proposal via RFP No. PR-17-03, in which Contractor asserts its willingness, ability and qualifications to provide this work and service (the "Work"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services. C. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City Code, Volume 1, Chapter 3: Administration, Article 3-7, Procurement Procedure. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with the contract documents as fully described in the Notice Inviting Bid Proposals for Project No. PR-17-03, as well as Contractor's response, both of which include all required specifications, a copy of which are on file with the City's Parks and Recreation Department. 2. PRICES: Prices shall be governed under attached Exhibit A "Transportation Costs", the Contractor's response to Project No. PR-17-03 for performance of the Work. 3. CONTRACT TERM: The Initial Term of this agreement shall be fromA,2017 to June 30, 2018. Thereafter, this agreement shall automatically be renewed for fdVr adiditional one-year(1) periods with the final end date of June 30, 2022. The City reserves the right to unilaterally extend any of the one-year(1) periods by thirty-one (31) days. 4. LABOR AND MATERIALS: Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for all labor, transportation, and other related services necessary for the proper execution and completion of the Work whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes 1 for the Work or portions thereof provided by contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the Work under the Agreement. 6. PERMITS & FEES: Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental 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. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and 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. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk's Office. 7. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the contract documents. Contractor shall be responsibie to City for the acts and omissions of its employees. 8. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, Work of Contractor, 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, elected officials, appointees, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, or Work in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Contractor may be legally liable. 9. ENFORCED DELAYS (FORCE MAJEURE): Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the 2 event of enforced delay(an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of tenor(including but not limited to bio- terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Work. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subcontractors, vendors or investors desired by Contractor in connection with the Work. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty(30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 11. INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self- insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting 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 waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or services. 3 The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-93 or any replacement thereof. In addition, automobile liability coverage of at least $1 million per occurrence or a combined single limit of at least $1,000,000 is required. The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc.'s Additional Insured, Form 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, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, City and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's Work or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's General Liability insurance. Workers Compensation Contractor shall carry Workers Compensation insurance to cover obligations imposed by federal 4 and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any Work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer's Liability to at least the same extent as required of Contractor. Umbrella Policy Contractor shall carry an umbrella policy with a limit not less than $5,000,000. The umbrella policy shall cover claims that are uncovered by the primary policy and claims in excess of the primary policy. The umbrella insurance policy shall cover those claims as primary insurance and fill in the gaps in the underlying policies. CERTIFICATE OF INSURANCE Prior to commencing Work under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's Work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Attorney of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty(30) days prior to the expiration date. All Certificates of Insurance shall be identified with Bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty(30) days' prior written notice to City. 12. SUCCESSORS &ASSIGNS: Neither party to this agreement shall assign the obligations hereunder, nor shall the Contractor assign any monies due or to become due. 13. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 14. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 15. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an 5 acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 16. TERMINATION OF CONTRACT: If, for any reason, the Contractor shall fail to fulfill in a timely and proper manner it's obligations under the contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of the contract, the City shall thereupon have the right to terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date thereof. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor. The Parties may terminate the contract at any time by giving at least ninety(90) calendar days Notice of Intent to Terminate. If the contract is terminated by the City as provided herein, the Contractor will be paid for the time expended and expenses incurred up to the termination date. 17. APPEALS: All contractual grievances shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing. The City Manager's decision shall be final and binding, subject only to a further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, of seq. 18. 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 three (3) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 19. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 20. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any .related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this 6 Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 23. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S.§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor, or its subcontractors, under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. §41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of'Sections 274A and 2748 of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this %1-- day of ttisr , 204. CONTRACTOR: CENTRAL ARIZONA COUNCIL ON DEV LOPMENTAL SABILITIES By: Doug Bacon Title: Executive Director CITY: CITY OF APACHE JUNCTION an Arizona municipal corporation By: Jeff Serdy Title: City Mayor ATTEST: Kathleen Connelly City Clerk APPROVED A FORM: Richard J. Stem City Attorney 8 STATE OF 2cl ss.rr- ) COUNTY of 1��`� ) The foregoing was subscribed and sworn to before me this �� day of s--f 20 [-7, by Doug Bacon, as Executive Director of Central Arizona CoAcil on Developmental Disabilities. Notary b ' My Commission Expires: 6 000 - - - - - uyil M*cLoro (seal) tldar�Public•Arizona s .i\ Maefeoprt Couch+ my Comm.' copra Mar 6,2020 STATE OF ARIZO A ) ) ss. COUNTY OF th, ) The foregoing was subscribed and sworn to before me this 3,Aay of &94S-r 20 I7, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. 4iRoPublic My Commission Expires: 0 / (seal) NOTARY PUBLIC V ATE OF ARIZONA Mseicopa County NET R MASON xpires August 31,2020 9 EXIBIT A Transportation Costs 1. TOTAL COST OF SERVICES: In accordance with the terms and conditions of this Agreement, City shall compensate Contractor for senior transportation services in an amount not to exceed $70,000 per year. This total is reliant on receiving all anticipated gift and grant funds and program revenue to supplement the City's expenses. 2. SENIOR TRANSPORTATION COSTS (HOME TO MGC): Senior transportation from clients' homes to and from the Multi-Generational Center("MGC") shall be charged at a rate of$15.00 per client per round-trip. The route shall be coordinated by the Parties and shall run Monday through Friday all days that the senior congregate meal program operates. A minimum of five (5) clients shall be charged each day that transportation to the MGC occurs. 3. SENIOR TRANSPORTATION COSTS (ADDITIONAL): Senior transportation to and from medical and shopping trips shall be charged at a rate of$4.00 per mile and $24.00 per hour for each trip. Trips shall be scheduled on a case-by-case basis with the Contractor only as funds are available. 10 FIRST AMENDMENT TO PROFESSIONAL SERVICE. AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CEN1 RAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES THIS AMENDMENT is made and entered into this-�7 day of , 20aU ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501(c)(3) not for profit corporation ("Contractor"), collectively referred to as the "Parties" or individually as a "Party". RECITALS A. The Parties entered into an agreement for senior transportation services (the "Agreement") on August 28, 2017 for a year, and then with the automatic four (4) one-year renewal periods, have a final end date of June 30, 2022. B. Beyond that date City will still need senior transportation services for meals, medical and shopping outings. C. The Parties desire to extend the term of the Agreement for another six (6) years through the end of fiscal year 2027-2028. D. Due to the increased cost of fuel and other inflationary operational expenses the transportation costs in Exhibit A need to be adjusted. E. Formal procurement for the services provided under this Agreement are categorically exempted. F. This First Amendment sets forth the renewal terms. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Section 2. PRICES: Prices shall be governed under attached Exhibit A "Transportation Costs". Section 3. CONTRACT TERM: This Agreement shall be effective beginning on July 1, 2022 and shall remain in full force and effect through June 30, 2023, with five (5) additional one year renewal periods with the final end date of June 30, 2028, subject to the early termination option in § 16 Termination of Contract (90 day written notice of intent to terminate). However, no later than 90 calendar days before the end of the second and fourth year this First Amendment is in effect (i.e., April 2, 2024 and April 2, 2026), Contractor has the right to notify City of a proposed price increase. If the Parties agree to a price increase, the terms shall be reduced to writing in the form of a subsequent amendment to the Agreement. Should the negotiations fail, this First Amendment will be deemed terminated immediately after June 30, 2024 or June 30, 2026, as applicable, without the necessity of a notice of intent to terminate by either Party. Section 12. SUCCESSORS &ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in this Agreement. Neither Party to the contract shall assign the contract as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. Except as expressly amended herein, all other terms and provisions of the Agreement executed by the Parties shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONTRACTOR: CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501(c)(3) not for profit corporation By: do c/o 1p46 Z A c o;�_ Its: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation e414 By: Walter`Chip" Wilson Its: Mayor ATTEST: n c� +Jnn ife Pena City CI rk 2 APPROVED AS TO FORM: 2 T �z R. Joel Stern City Attorney 3 EXHIBIT A Transportation Costs 1. TOTAL COST OF SERVICES: In accordance with the terms and condition of this Agreement, City shall compensate Contractor for senior transportation services in amount not to exceed $70,000 per year. This total is reliant on receiving all anticipated gift and grant funds and program revenue to supplement the City's expenses. 2. SENIOR TRANSPORTATION COST (HOME TO MGC): Senior transportation from clients' home to and from the Multi-Generational Center("MGC") shall be charged at a rate of$17.50 per client per round trip. The route shall be coordinated by the Parties and shall run Monday through Friday all the days that the senior congregate meal program operates. A minimum of six (6) clients shall be charged each day that transportation to the MGC occurs. 3. SENIOR TRANSPORTATION COSTS (ADDITIONAL): Senior transportation to and from medical and shopping trips shall be charged at a rate of$6 per mile and $25 per hour for each trip. Trips shall be scheduled on a case-by case basis with the Contractor only as funds are available. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES THIS SECOND AMENDMENT is made and entered into this g?l day of 2024,t"the Execution Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501(c)(3) not-for- profit corporation ("Contractor"), sometimes each collectively referred to as the "Parties" or individually as the "Party". RECITALS A. The Parties entered into an agreement for senior transportation services (the "Agreement') on August 28, 2017 for one year, and then with automatic four (4) one-year renewals, had a final contract end date of June 30, 2022. B. The Parties entered into a First Amendment beginning on July 1, 2022, ending on June 30, 2028 with one-year automatic renewal options being exercised. 1 C. Since 2023, fuel and other inflationary operational expenses increased significantly which the Parties agree need adjustment. D. Formal procurement for the services provided under this Agreement are categorically exempted under A.J.C.C., Vol. I, Art. 3-7. E. This Second Amendment sets forth the above-noted terms. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement as follows: Section 2. PRICES. Prices shall be governed under attached Exhibit A "Transportation Costs", for general cost of services, senior transportation costs (home to multi-generational center) and additional medical/shopping trips. Section 3. CONTRACT TERMS. This agreement shall be effective beginning on July 1, 2024 and shall remain in full force and effect through June 30, 2025, with five (5) additional one-year renewal periods with the final end date of June 30, 2028, subject to the early termination option in Section 16, Termination of Contract(90 day written notice of intent to terminate). Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONTRACTOR: CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501(c)(3) not f r- o t corporation By: Its: 1'x;c-,.ha 7), ,d CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation e:�Ijd6 g2 e.� By: Walter"Chip"Wilson Its: Mayor ATTEST: (7 ice' Jennifer ena City Clerk APPROVED AS TO FORM: R. Joel Stern City Attorney 2 EXHIBIT TRANSPORTATION COSTS 1. TOTAL COST OF SERVICES: In accordance with the terms and conditions of this Agreement, City shall compensate Contractor for the senior transportation services in an amount not to exceed $ 70,000 per year. This total is reliant on receiving all anticipated gift and grant funds and program revenue to supplement the City's expenses. 2. SENIOR TRANSPORTATION COST (HOME TO MGC): Senior transportation from client's home to and from the Multi-Generational Center("MGC") shall be charged at a flat rate of$240 per day, for up to 18 clients. The route shall be coordinated by the Parties and shall run Monday through Friday for all days the senior's congregate meal program operates. Special routes requested to run Saturday or Sunday will be charged at a flat rate of$320 per day, for up to 18 clients. 3. SENIOR TRANSPORTATION COST (Group shopping, food boxes, or other extended days): Will be charged at an additional $80 per day (Monday through Friday), for up to 18 clients. 4. SENIOR TRANSPORTATION COST (Additional): Senior transportation for clients (1 to 2 clients) from their home and from medical or individual shopping trips shall be charged at a rate of$8.00 per mile and $25.00 per hour rounded to the next'/4 hour) for each trip. Trips shall be scheduled on a case-by-case basis with the contractor only as funds are available. THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES THIS THIRD AMENDMENT is made and entered into this day of , 2026, ("the Execution Date") by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501(c)(3) not-for- profit corporation ("Contractor" or "CACDD"), sometimes each collectively referred to as the "Parties" or individually as the "Party". RECITALS A. The Parties entered into an agreement for senior transportation services (the "Agreement") on August 28, 2017 for one year, and then with automatic four (4) one-year renewals, had a final contract end date of June 30, 2022. B. The Parties entered into a First Amendment beginning on July 1, 2022, ending on June 30, 2028 with one-year automatic renewal options being exercised. C. To address an increase in fuel and other inflationary operational expenses, the Parties entered into a Second Amendment beginning on May 21, 2024, ending on June 30, 2028 with one-year automatic renewal options being exercised. D. To address the continued increase in fuel and other inflationary operational expenses, the Parties would like to enter in a Third Amendment beginning on July 1", 2026 ending on June 301h 2027 with five (5) additional one- year renewal periods. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the Agreement a third time as follows: Section. 2. PRICES. Prices shall be governed under attached Exhibit A "Transportation Costs", for general cost of services, senior transportation costs (trip from home to multi-generational center and back) and additional medical/shopping trips. Section 3. CONTRACT TERM. This Third Amendment to the Agreement shall be effective beginning on July 1, 2026 and shall remain in full force and effect through June 30, 2027, with five (5) additional one-year renewal periods with the final end date of June 30, 2033, subject to the early termination option in Section 16, Termination of Contract (90 day written notice of intent to terminate). Except as expressly amended herein, all other terms and provisions of the Agreement shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONTRACTOR: CENTRAL ARIZONA COUNCIL ON DEVELOPMENTAL DISABILITIES, a 501�c)(3) ot-fogrofit corporation By: oualas Bacon Its: Executive Director CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Yvette McKinney City Clerk APPROVED AS TO FORM: 14 5 .26-26 R. Joel Stern City Attorney 2 EXHIBIT A TRANSPORTATION COSTS 1. TOTAL COST OF SERVICES: In accordance with the terms and conditions of this Agreement, City shall compensate Contractor for the senior transportation services in an amount not to exceed $ 80,000 per year. This total is reliant on receiving all anticipated gift and grant funds and program revenue to supplement the City's expenses. 2, SENIOR TRANSPORTATION COST (TRIP HOME TO MGC AND BACK): Senior transportation from client's home to and from the Multi- Generational Center ("MGC") shall be charged at a flat rate of $275 per day, for up to 16 clients. The route shall be coordinated by the Parties and shall run Monday through Friday for all days the senior's congregate meal program operate. Special routes requested to run days CACDD are scheduled off (Holiday, Saturday or Sunday) will be charged at a flat rate of$320 per day, for up to 16 clients. 3. SENIOR TRANSPORTATION COST (Group shopping, food boxes, or other extended days): Will be charged an additional $80 per day (Monday through Friday), for up to 16 clients. 4. SENIOR TRANSPORTATION COST (Additional): Senior transportation for clients (1 to 2 clients) from their home and from medical or individual shopping trips shall be charged at a rate of$10.00 per mile and $40.00 per hour rounded to the next'/4 hour) for each trip. Trips shall be scheduled on a case-by-case basis with the contractor only as funds are available. 5. CITY BOUNDARIES For the purpose of the contract, Apache Junction is defined as the original area of population when the 1" contract was signed (North to McKellips, East to Mountain View, South to Baseline and West to Meridian). The new population area south of Baseline can be serviced at a rate of $20 per trip/per day (to and from Sr Center equals 1 trip). 6. SECOND VEHICLE COSTS If a second vehicle is required to service the seniors due to excess riders, excess durable medical equipment (wheelchairs, scooter, walker etc. or other needs) there will be a charge at $150 per day. Whether a second vehicle is needed is at the sole discretion of CACDD. The City will be advised in advance and given the option to decline the second vehicle. SENIOR SERVICES . . PROFESSIONAL AGREEMENT FOR SENIOR TRANSPORTATION Jamie Sullivan, Recreation Superintendent June 2026 HISTORY OF SERVICES • August 1st 2017 The City of Apache Junction entered into agreement with Central Arizona Council on Developmental Disabilities. • This agreement allows CACDD to provide transportation to and from the Multi- Generational Center, daily (M-F) for lunch and social/educational/wellness activities., and weekly shopping trips and medical trips as needed. • May 24th 2022, theiFrst Amendment was added. • May 6th 2024, the Second Amendment was added. V SENIOR PART%ICIPATil ON NUMBERS CALENDAR YEAR 2025 ad NUMMON TRANSPORTAnON SOCIAL PROGRAMS - A: - ® X'l S "l.. • Ills. � • :� 1 ..._ -_sue._ -• I d 14.9 3100 TRIPS 96 REGISTERED Congregate Meals at the MGC One way trips - to/from the MGC, Activities, programs, events, shopping, and medical trips fitness, and services 2024 2026 • $UO flat rate per day/max 18 riders 0 $275 flat rate per day/max 16 riders • $8/mile and $25/hour for individual 0 $10/mile and $40/hour for individual or medical trips (very rarely needed) or medical trips (rarely needed) • $80 flat rate for extended days • Added fee for extended service area (shopping, food boxes) if needed • Added language and fee to accommodate if a second vehicle is required CACDD TRANSPORTATION AGREEMENT With the rising cost of fuel, personnel cost and a broader service area, staff feel this is a fair adjustment. Staff recommends approving the third amendment to the transportation agreement with CACDD for councirs approval. We will bring this back for final consideration on June 16th (consent agenda). Ot) EsIaIOIMs ? Jamie Sullivan , Recreation Superintendent jsullivan@apachejunctionaz . gov City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. �Piz oN* File ID: 26-318 Sponsor: Liz Langenbach Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of Resolution No. 26-02 authorizing the submittal of a Recreation Trails Program grant application to the Arizona State Parks Department for signage along the multi-use trail system managed by Parks and Recreation. City of Apache Junction,Arizona Page 1 Printed on 611112026 RESOLUTION NO. 26-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR THE RECREATIONAL TRAILS PROGRAM. WHEREAS, in 1991 the United States Congress passed Public Law 102-240, wherein it created the Recreational Trails Program ("RTP") which provides funding to states to develop and maintain recreational trails and trail-related facilities for motorized and non-motorized trail uses; and WHEREAS, Arizona State Parks ("Parks") is responsible for the administration of the Statewide RTP Project ("Project") and adoption and enforcement of rules and procedures governing applications submitted by eligible Project sponsors; and WHEREAS, the rules and procedures established by Parks require a Project sponsor to certify by resolution the approval of applications, signature authorization, availability of local matching funds and authorization to sign Project-related documents . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : SECTION I • Staff is authorized to submit an application to Parks for RTP funds and the mayor is authorized to sign applications, contracts and other related documents for receipt and use of grant funds for the RTP grant to replace signage along the Sheep Drive Multi-Use trail horse crossings in an amount of $10, 000 . SECTION II : The City of Apache Junction agrees to comply with all pertinent grant submittal procedures, guidelines, policies and requirements. SECTION III : The City of Apache Junction appoints the director of the City of Apache Junction Parks and Recreation Department or her designee as its agent to conduct all negotiations, execute and submit all RESOLUTION NO. 26-02 PAGE 1 OF 2 documents inc:uding, but not limited to, applications, agreements, amendments, billing statements and other related materials which may be necessary for the completion of the Projects . 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 WALTER "CHIP" WILSON Mayor ATTEST: EVIE MCKINNEY City Clerk APPROVED AS TO FORM: eie 6 . 8 .26 RICHARD J. STERN City Attorney RESOLUTION NO. 26-02 PAGE 2 OF 2 RECREATION TRAIL PRO RAM JUNE 2026 ` - + - • - - • • • 1 •. a �� < _ .P:.Y_. • •rG ire r .t '' Y GRANT SUBMITTAL . - -• - � - _ i • � � ;- �� - • - �: i - i -' ♦. �'!'-<• '�. • • ;!•_ `.y h� Q1_ .fr � �?•d,• ���« �'`�it_:4f-^z;'-y�1 _ �` : 11 ��.. � •:: � -'Sri,;�'•. ,. -`,-,, •��'' `' /. ,�' • - - _ y - f w�l� •M .1} • � t _'/. . • •. i `•� � . • ,.. �- - _-� _ I~r. ��_�;i y�ili-•1'•• . - �� 1- t-,G.�.is y� t . � �� L rryyl • �}•" • .,� I � fib �'����UU :► ::••�•' `• � Zvi�` ��' 'i�. k, �.. �l I �� •4. o� d to y �A perks e oe recrtetlon AZ STATE PARKS the hx ,Ills are enAless.. �•4:wrM Lost RECREATION TRAILS PROGRAM Dutchman State Park GRANT APPLICATION 1 / 1 1 1 P 1 1 i 1 Prospector ' Park � 1 11 Q� / - G ounds Replace --• ----- ---• •- at step-overs 1 N 1 � 1 A ' v 1 US B ycle Route 90 i < V qu I t h , , ut e I City • 3 1 Hall i Park c 1 N A 1 � Veterans m • • L:IAJI'J Memorial multi-use trail S-tratem i Park i Flatiron Community 1 Park 1 ' Little League � ' Park 1 th /�� F _ Grant $10.90W 1 1 N ----------------------------------------------- 1 Mup 1 \ i i i i �\SAS 1 1 1 1 '\.e Iftfll7t 1 1 1 1 `9p 1 1 1 1 1 1 1 • 7 1 aCity . -,7 Su{�erstition , , , . , , . , Match Staff (installation) , S adows , . . . . . . 1 Silly Mountain Park , , 1 ----- --- Final award will occur 120,26 Legend Existing Trailhead Combination Vehicle/Equestrian Gate Hiking/Equestrian Gate US Bike Route 90 ---Existing Bike Lanes • • lJ3:J Sidewalks N —Existing Shared-Use Trail Non-City Trails O Park Boundary W E Sheep Drive Multi-Use Trail 0 0.25 0.5 1 1.5 2 ®Apache Junction Municipal S Miles ',Pinal County DISCLAIMER'.This exhibit was prodLTred by Apache Junction GIs without the benefit of a field survey and is not intended to represent a survey document of any kind.Distances shown hereon are approxim te. '44 Staff request council approval of Resolution No 26-0,2, authorizing the submittal of a Recreation Trails Program grant application. This item will be brought back for final approval t o the June 16th meeting (consent agenda). �u rru u�\ City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No.8. �Piz oN* File ID: 26-324 Sponsor: Mike Loggins Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Consideration of approval of agreement with Petroleum Traders Corporation for the purchase and delivery of bulk fuel in an amount not to exceed $900,000.00 for an initial one-year term with four automatic one-year renewal options. City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction Home of the Superstition Mountains DATE: JUNE 15, 2026 TO: MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: MIKE LOGGINS, PUBLIC WORKS DIRECTOR SUBJECT: BULK FUEL AGREEMENT Summary Before the Council is an agreement between the City of Apache Junction and Petroleum Traders Corporation for the purchase and delivery of bulk fuel for an initial one-year term in an amount not to exceed $900,000. The agreement includes four automatic one-year renewal options. Background/Discussion The City purchases bulk fuel for use in its fleet and equipment operations.The current bulk fuel contract expires on June 30, 2026. To obtain competitive pricing and ensure a reliable fuel supply, the City issued a Request for Proposals (RFP) for bulk fuel services. On May 11, 2026, the City received two responses to the RFP. Staff evaluated the proposals and determined that Petroleum Traders Corporation provided the best overall value to the City based on pricing and service considerations. Based on current fuel usage and pricing, the proposed agreement with Petroleum Traders Corporation is expected to reduce the City's annual bulk fuel costs by approximately $10,000 compared to the current contract. Funding for fuel purchases is included in the City's adopted budget and will be paid from the applicable operating funds. Recommendation Staff recommends that the Council approve the agreement authorizing the City to contract with Petroleum Traders Corporation for the purchase and delivery of bulk fuel in an amount not to exceed $900,000 for an initial one-year term with four automatic one- year renewal options. MATERIALS AND DELIVERY AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND PETROLEUM TRADERS CORPORATION FOR THE SUPPLY OF BULK FUEL. PROJECT: # PW 26-03 THIS AGREEMENT is made as of the day of 20 (the "Effective Date")by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and PETROLEUM TRADERS CORPORATION, an Indiana corporation ("Contractor"), sometimes collectively referred to as the "Parties", or individually as a "Party". RECITALS A. City requires certain construction services in connection with the terms and conditions of the agreement B. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in the Bulk Fuel Supply Agreement project# PW 26-03, Contractor's Estimate dated May 5, 2026 (the "Contract Documents"), or as more fully described in Exhibit A. C. For purposes of this Agreement, the "Contract" shall include the general requirements of both this Agreement and the Contract Documents. D. City and Contractor desire to set forth their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. E. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34, and Apache Junction City Code, Vol. I, Chapter 3: Administration, Article 3-7: Procurement Procedures, or such work is categorically exempt from such process. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work set forth in this Section 1 and Exhibit B, in accordance with the Contract Documents. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. 2. COMPENSATION AND PAYMENTS: The total amount payable by the City to the Contractor under this Agreement is an amount not to exceed Nine Hundred Thousand Dollars and Zero Cents ($900,000) (the "Contract Sum") per fiscal year and the performance of the Work under the Contract Documents, except for changes authorized by properly executed change orders. This Agreement will be operable for its full term at the rates quoted in the initial bid proposal. Upon delivery of fuel, the City shall have the right to inspect and verify that the fuel delivered conforms to the requirements of the Contract Documents, including the specified fuel type, quantity, and quality standards. The city may reject any delivery that fails to meet the requirements of this Agreement. Acceptance of a fuel delivery shall occur upon the city's verification that the fuel has been delivered in accordance with the Contract Documents. Following acceptance, the Contractor may submit an invoice for the accepted delivery. The City shall process payment in accordance with the terms of this Agreement and its standard payment procedures. Final payment shall not become due until the Contractor submits to the City all required releases and any other documentation establishing payment or satisfaction of all Contractor obligations arising from the performance of this Agreement. If any supplier, subcontractor, or other party refuses to furnish a release required by the City, the Contractor may furnish a bond or other security acceptable to the City to indemnify the City against any related claim. If any such claim remains unsatisfied after all payments are made, the Contractor shall refund to the City all monies that the City may be compelled to pay in discharging such claim, including all costs and reasonable attorney fees. 3. TERM: The Term of this Agreement shall commence on July 1, 2026, and end on June 30, 2031, unless terminated earlier in accordance with the terms of this agreement. Any extension of the Agreement shall be subject to applicable law, mutual written agreement of the Parties, and approval by the City. Any amendment extending the term shall be executed by authorized representatives of both Parties and shall specify the revised term and any associated compensation adjustments, if applicable. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that City will inspect the Work. Contractor agrees that City will have the 2 exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to the Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. The Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 6. WARRANTY: Contractor shall guarantee the Work against defective labor, workmanship and/or materials for a period of one (1) year from the date of its final acceptance by City (the "Warranty Period"), ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required at its sole cost to correct defective work or materials before final acceptance. If City notifies Contractor of defective labor, workmanship, or materials during the Warranty Period, Contractor shall begin correcting the defect within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the warranty repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the Contract. The warranties and guarantees provided in this Section 6 shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay as they become due all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions of the Work which are legally enacted at the time bids are received whether or notyet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS AND 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 the Work which are customarily secured after execution of the Contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor understands that the activity described in the Contract constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current until the 3 Work, including any Work during the Warranty Period, is accepted by the City. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on the subcontractors, and Contractor shall require its subcontractors obtain and keep all applicable licenses current. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: City and Contractor agree and understand that the relationship between the Parties is that of an independent contractor. As such, Contractor is not entitled to receive any benefits to which City employees are entitled by virtue of their employment with City. City shall not be responsible for payment to employees of Contractor for salaries, related taxes (including, but not limited to, federal social security tax as well as federal and state unemployment taxes) and all other expenses related to their employment or contractual relationship with Contractor. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. CONTRACT ADMINISTRATION AND POINT OF CONTACT: Contractor shall designate a primary contract representative responsible for coordination of deliveries, scheduling, invoicing, and resolution of service issues. Contractor shall provide written notice to the City of any changes to its designated representative. Communications provided to the designated representative shall be considered binding upon Contractor. 11. DELIVERY COORDINATION: Contractor shall coordinate fuel deliveries with the City's designated representative to ensure timely and efficient delivery. Deliveries shall be made during City-approved delivery hours unless otherwise agreed in advance by the City. Contractor shall provide reasonable advance notice of scheduled deliveries and promptly communicate any delays or interruptions in service. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, appointed officers, special districts, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including reasonable attorney and expert witness fees, arising from, or alleged to have arisen from, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the 4 performance of the Work under this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its elected officials, appointed officers, special districts, agents, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or any tier of Contractor's subcontractors or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable in the performance of the Work under this Agreement or any subcontract. The amount and type of insurance coverage requirements set forth in this Agreement will in no way be construed as limiting the scope of the indemnity in this Section 12. The rights and obligations under this Section 12 shall survive the expiration or earlier termination of this Agreement. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: 15.1 General Provisions. Contractor, at its own expense, shall purchase and maintain during the Term the insurance required by this Agreement 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 by this Agreement shall be maintained in full force and 5 effect until the Services are accepted by the City. Failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The insurance policies required by this Agreement, except Workers' Compensation, shall name City, its elected officials, agents, officers, and employees as Additional Insured Parties. Contractor shall expressly bind any subcontractors, or any other lower tier subcontractors, used in the performance of any aspect of the Services, to the insurance requirements in this Agreement, making such obligations applicable to the other subcontractor to the same extent as it is applicable to Contractor. The purpose of this provision is to require any lower tier subcontractor, regardless of level, to provide insurance and indemnity required by this Agreement. 15.2 Commercial General Liability. Contractor shall maintain throughout the Term Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policies shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 6 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If Contractor sublets any part of the Services, Contractor shall purchase and maintain, at all times during prosecution of the Services an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Services. Coverage shall be on an occurrence basis with a limit of not less than $2,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. 15.3 Automobile Liability. Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of the Services. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off- loading hazards. If hazardous substances, materials or wastes are to be transported, federal mandatory motor carrier safety ("MCS") 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. 15.4 Workers' Compensation. Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor's employees engaged in the performance of the Services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Services of this Agreement." If Contractor has no employees for whom Workers' Compensation insurance is required by federal or state statutes, 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. 7 15.5 Certificates of Insurance. Prior to commencing the Services, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. 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 form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement. 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 Agreement shall be delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its elected officials, officers, agents and employees are added as additional insured parties under this policy." In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. Contractor shall require its insurers to provide City thirty (30) calendar days' prior written notice of any nonrenewal, cancellation, or material change in the coverage under such policy reducing coverage to below the amounts required by this Agreement. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 16. CHANGE ORDERS: A change order is a written order from City to Contractor issued after execution of the Contract authorizing a change in the Work and setting forth the amount of the adjustment, if any, in the Contract Sum and the extent of the change, if any, in the Progress Schedule. Change Orders do not invalidate the Contract. Changes in the Work shall be performed under the applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including the adjustment in the Contract Sum and Progress Schedule or the 8 method for determining them. 17. BINDING EFFECT, SUCCESSORS, ASSIGNMENT AND DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party 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. Neither Party shall assign this Agreement or sublet it as a whole or delegate the duties under the Agreement, without the written consent of the other Party, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. Notices shall be delivered to the following: If to City: City of Apache Junction Brian Gleave Public Works Fleet Services Supervisor 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contractor: Petroleum Traders Corporation Joseph Vanderpool, Contract Sales Manager 7120Pointe Inverness Way Fort Wayne, IN 46804 19. DAMAGES: Contractor shall be responsible for and promptly remedy any damage or loss of property caused in whole or in part by the Contractor, a subcontractor, or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable and for which Contractor is responsible under the Contract, except where such damage or loss is directly attributable to the negligent acts or omissions of City or by anyone for whose acts City may be liable and not attributable to the fault or negligence of the Contractor. City shall make claims regarding all damage or loss to Contractor within a reasonable time after the first observance of such injury or damages. 20. PAYMENT AND PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the Contract and the payment of all obligations arising under the Contract. 9 21. SAFETY: Contractor shall take, and shall cause its employees, agents, officers, directors, consultants and subcontractors to take all reasonable precautions for the safety of, and shall provide all reasonable protection to all persons and property at the Project site and all persons and property which may be affected by the performance of the Work. 22. RIGHTS AND REMEDIES: The duties and obligations and the rights and remedies available under the Contract shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded to any of them under the Contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches under the Contract except as may be specifically agreed to by the Parties in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics and related executive orders, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, consultants subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section 23 shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10 24. TERMINATION: A. TERMINATION BY CITY: City may terminate this Agreement in whole or part if the city manager or his or her designee determines Contractor has failed to fulfill its obligations under the Contract through no fault of City. Such termination may be effected by City giving Contractor not less than ten (10) calendar days written notice by certified mail, return receipt requested of City's intent to terminate. Contractor shall have ten (10) calendar days to cure the failure to the satisfaction of City. City may terminate this Agreement or a portion thereof if conditions encountered during the progress of the Work make it impossible or impracticable to proceed with the Work. If City terminates this Agreement for reasons of default by Contractor, the amount of compensation provided for in this Agreement shall be reduced to reflect the percentage of Work completed and the Contractor shall not be entitled to payment for anticipated profits or unperformed services. . B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this Agreement. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to the Contract 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 expiration of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. ENTIRE AGREEMENT: This Agreement and any attachments and the Contract Documents represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties. Written and signed amendments shall automatically become part of the Contract, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 27. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in 11 violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 28. 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. 29. CONFLICT OF INTEREST: The Contract is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 30. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of this Agreement. 31. PROHIBITED USE OF FORCED LABOR: In accordance with A.R.S. § 35-394, Contractor hereby certifies and agrees that Contractor does not currently and shall not for the duration of this Agreement use: (1) the forced labor of ethnic Uyghurs in the People's Republic of China, (2) any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and/or (3) any suppliers, contractors or subcontractors that use the forced labor or any services or goods produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If Contractor becomes aware during the Term that Contractor is not in compliance with this Section 32, then Contractor shall notify the City within five (5) business days after becoming aware of such noncompliance. If Contractor does not provide the City with written certification that Contractor has remedied such noncompliance within ninety (90) calendar days after notifying the City of such noncompliance, this Agreement shall terminate, except that if the Agreement termination date occurs before the end of such ninety (90) day remedy period, this Agreement shall terminate automatically. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free 12 Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended,the Parties may modify this paragraph consistent with state law without effectuating an official amendment to this Agreement. Email notification of the modification would be sufficient notice. 33. ORDER OF PRECEDENCE. Should there be any discrepancy or inconsistency between the terms and conditions of this Agreement and any terms and conditions in any exhibit to this Agreement, the terms and conditions of this Agreement shall control and prevail. [Signatures on following page] 13 IN WITNESS WHEREOF, Contractor and City have executed this Agreement as of the date first set forth above. CONTRACTOR: PETROLEUM TRADERS CORPORATION an Indiana` /corporation y By; oseph Vanderpool Its: Contract Sales Manager CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson Its: Mayor ATTEST: Evie McKinney City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 14 STATE OF Indiana ) ss. COUNTY OF Allen ) The foregoing was subscribed and sworn to before me this 3rd day of _June l 2026 t by Joseph Vanderpool as Contract Sales Manager_ of [Company Name], an AFIzona[corporationllimited liability company]. Petroleum Traders Corporation Indiana Corporation Notary Public My Commission Expires: Amanda Perry 413012032 r4Y'A", AMANQA PERRY 0 . Notary Public,State of Indiana 'SEAL:"" Allen County 3.•• ;Commission Number NP0750199 My Commission Expires °1A April 30,2032 !!!ll ll lllll\\, STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20_, by Walter "Chip" Wilson as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 15 Exhibit A COST PROPOSAL PROJECT NO. PW 26-03 FIRM/COMPANY: Petroleum Traders Corporation CONTACT NAME: Joseph Vanderpoo', Contract Sales Manager ADDRESS: PO Box 2357, Fort Wayne IN 46801-23._57 TELEPHONE: 88-637-7661 EMAIL:_Iva ndeTgo. 1�1petroleumtraders-com For purposes of this solicitation, the Bidder shall utilize this Cost Proposal Form and apply the OPIS daily average for the 7-10 calendar day period immediately preceding the RFP due date. The Bidder's signing of this form will attest to the pricing put forth on this form. The unit price/gallon as illustrated below shall include the OPIS daily average price+/- discount or mark up (Differential),delivery charge (Freight), taxes, and other charges with the total differential overall. The unit price/gallon shall be carried to 4 decimal places as illustrated below. Cry of Apache Junction Public Wor(s Facility: Delivery Address 575 E Baseline Ave Delivery accepted Monday through Thursday between the hours of 6:30 am and 4:00 pm Tank Sizes: Red Dyed Diesel Tank: 2,000 Gallons Clear Dyed Diesel Tank: 6,000 Gallons Unleaded Fuel Tank: 10,000 Gallons Location Traditional Differential FreightT Taxes Other Total "Unguarantee Charges Differential Quantity- 575 E Item 1:+/-3,000 Baseline Ave, gallons of Red OPTS Price Apache Dyed Diesel used from Junction,AZ Fuel -0,0859 +0.0722 +0.3753 +0.0100 +0.3716 5/4/26 85119 $4 5133 575 E Item 2:+!- OPIS Price 15,000 gallons Baseline Ave, used from Apache of Clear Diesel Junction,AZ Fuel -0 1009 +0.0722 +0.2753 +0.0100 +0.2566 5/4/26 85119 $4 5364 575 E Item 3:+!- OPTS Pace Baseline Ave, 20,000 gallons used from Apache of Unleaded Junction,AZ Fuel 0 1259_ +0.0674 +0.1949 +0,0100 +0.146_4 5/4/26 81. 511g T $41573 12 Location Guaranteed Differential l Freight Taxes Oth T Total "Take or Pay' er Charges Differential _ Quantity 575 E Item 1: 6,000 { PIS Price Baseline Ave, gallons of Red Apache Dyed Diesel sed from Junction,AZ Fuel .085g +0 U722 �+_IM3 +0.0091•QO91 +0.3707 5/4/26_. 85119 5133 575 E Item 2: 40,000 OPIS Price Baseline Ave, gallons of Clear used from Apache Diesel Fuel /4/26 Junction,AZ -01009 +0.0722 +0.2753 +0.0091 +0.2557 85119 _ — — $4 5364 575 E Item 3: 80,000 Baseline Ave, gallons of OPIS Price Apache Unleaded Fuel used from Junction,AZ -0 1259 +0 0674 +0.1949 +0.0091 +0.1455 /4/26 85119 J$4 1573 Apache Junction Unified School District: Delivery Address 2535 8 Ironwood,Apache Junction Delivery accepted Monday through Thursday between the hours of 6:00 am to 4:00 pm (June to August) Delivery accepted Monday through Friday between the hours of 5:30 am to 5:30 pm (August to June) Tank Sizes: Unleaded Fuel Tank: 6,000 Gallons Red Dyed Diesel Tank: 12,000 Gallons Location Traditional Differential Freight Taxes Other Total "Unguarantee Charges Differential d"Quantit 2535 S Item 1: +/- Ironwood, 6,000 gallons Apache of Unleaded -0.1159 +0.0674 +0.1949 +0.0100 +0.1564 Junction, AZ Fuel 85119 2535 S Item 2: +1- Ironwood, 70,000 gallons Apache of Red Dyed -0.0859 +0.0722 + .1953 +0.0100 +0.1916 Junction, AZ diesel fuel OPIS Red-Dyed Diesel Price used from 5/4126 OPIS Unleaded Price used from 5/4/26 $4.5133 $4.1573 Location Guaranteed Differential Freight Taxes Other Total `Take or Charges Differential Pay„ Quantit 2535 S Item 1: Ironwood 6,000 13 OPIS • Price used Apache gallons of from Junction, Unleaded -0.1159 +0.0674 +0.1949 +0.0091 +0.1555 5/4/26 AZ 85119 Fuel $4.5133 2535 S item 2: Ironwood, 60,000 OPTS Apache gallons of Price Junction, Red Dyed -0 0859 +0.0722 +0.1953 + .0091 +0.1907 used AZ 85119 Diesel Fuel from 5/4/26 $4.1573 Date 5/5/26 Sig ture Joseph Vanderpool Title Contract Sales Manager Printed Name TOTAL BASE LUMP SUM BID $1,3U 175.10 One million three hundred fifty-nine thousand one hundred seventy-five dollars and ten cents Total Base Lump Sum Bid in Words Date 515126 Si atu e Joseph Vanderpool Title Contract Sales Ma_nager Printed Name 14 Phoenix, AZ OPIS CONTRACT BENCHMARK Daily 05/04/2026 "OPIS Gross CBG Ethanol 10% Prices" Terms Unl Mid Pre Sinclair u N-10 4.0722 4.2522 4.4322 Sinclair b 1-10 4 .0735 4.2655 4.4574 Texaco b 1-10 4.1060 4.3110 4.6660 Valero u N-10 4.4045 4.4745 4.7145 Valero b 1-10 4.0836 4.3084 4.5498 Shell b 125-3 4.06' 8 4.3443 4.6278 Chevron b 1-10 4.1060 4.3110 4.6660 Sunoco b 125-3 4.0931 - 4.5731 Marathon u N-10 4.2575 4.4875 4.7175 Marathon b 1-10 4.0631 4.2003 4.4975 Petrocom u Net 3.5266� -- -- -- PBFEnergy u Net -- -- -- 4.5991 PSX b 1-1'] 4.0793 - -- 4.5493 MPC-XOM b 1-10 4.0682 4.2854 4.5025 TartanOil u N-10 4.5774 - -- 4.6994 Contract Low 4.0608 4.2522 4.4322 Contract High 4.5774 4.4875 4.7175 Contract Average 4.1573 4.3320 4.5894 Cont Branded Low 4.0608 4.2655 4.4574 Cant Branded High 4.1060 4.3443 4.6660 Cont Branded Avg 4.0815 4.3008 4.5655 Cant Unbranded Low 4.0722 4.2522 4.4322 Cont Unbranded High 4.5774 4.4875 4.7175 Cant Unbranded Avg 4.3 79 4.4047 4.6323 Phoenix, AZ OPIS CONTRACT BENCHMARK Daily 05/04/2026 •"OPIS Gross No. 2 Distillate Prices" Terms LS HS ULS S.R. H. u N-10 -- -- -- 6.91610 Sinclair u 14-10 . - -- 4.3210 Sinclair b 1-10 -- -- -- 4.5708 Texaco b 1-10 -- -- - - 4.5970 Valero u N-10 -- -- -- 4.4546 Valero b 1-10 -- -- 4.6187 Chevron b 1-10 - -- -- 4.5970 BP u N-10 -- -- 4.3375 Sunoco b 125-3 -- -- 4.6085 Marathon u N-10 -- -- -- 4.7325 Marathon b 1-10 -- -- -- -- 4.5934 F1ntHlsRs u N-10 -- -- -- -- 4.298`, Petrocom u Net -- -- -- 4.9256o PBFEnergy u Net -- -- 4.7630 PSX b 1-10 -- -- -- -- 4.5189 Tauber u Net -- -- -- -- 4.5664 HTP Enrgy u N-10 -- -- 4.3842 MPC-Shell b 1-10 -- 4.6035 MPC-XOH b 1-10 -- -- -- 4.6136 TartanOil u N-10 -- -- -- 4.4767 Contract Low -- -- 4.2985 Contract High - -- -- -- 4.1630 Contract Average -- -- 4.5964 Cont Branded Low -- -- -- -- 4.5189 Cant Branded High - -- -- -- 4.6187 Cant Branded Avg -- -- 4.5913 Cant Unbranded Law -- -- -- 4.2985 Cant Unbranded High -- -- 4.7630 Cant Unbranded Avg -- -- -- -- 4.4816 Phoenix, A2 OPIS CONTRACT BENCHMARK Daily 05/04/2026 "OPIS Cross No. 2 Red-Dyed Distillate Prices'* Terms LS ULS S.R.6 M. u N-10 -- 6.9212o Sinclair u N-10 -- -- 4.3260 Sinclair b 1-10 -- -- 4.5759 Texaco b 1-10 -- -- 4.6020 Valero u N-10 -- -- 4.4596 Chevron b 1-10 -- -- 4.6020 BP u N-10 -- -- 4.3425 Marathon u N-10 -- -- 4,7375 FlntHlsRs u N-10 -- -- 4.3035 Petrocom u Net -- -- 4.9306o PBFEnergy u Net -- 4.7680 Tauber u Net -- -- 4.5714 HTP Enrgy u N-10 -- -- 4.3892 TartanOil u N-10 -- -- 4.4817 Contract Low -- -- 4.3035 Contract High -- -- 4.7680 Contract Average -- -- 4.5133 Cont Branded Low -- -- 4.5759 Cont Branded High -- -- 4.6020 Cont Branded Avg -- -- 4.5933 Cont Unbranded Low -- -- 4.3035 Cont Unbranded High -- -- 4.7680 Cont Unbranded Avg -- -- 4.4866 EXHIBIT B SCOPE OF WORK 1. The prices requested are to reflect full or near full loads only. Annually, the City uses up to 6,000 gallons of red dyed diesel, 40,000 gallons of clear diesel, 80,000 gallons of unleaded and 10,000 gallons of E55 fuel. The City has 2 above ground fuel tanks with 2 compartments in each tank. 2. Fuel delivery shall be F.O.B. City of Apache Junction, Public Works Yard located at 575 E Baseline Avenue, Apache Junction, Arizona. Delivery shall occur within 1 calendar day after receipt of a telephonic order. Approximately every 3 to 4 weeks, the City will order a minimum truck/trailer load of 8,000 gallons, either single or combination delivery. All risk of transportation (including environmental spills) and all related charges shall be the responsibility of the contractor. 3. Delivery will be accepted Monday through Thursday between the hours of 6:30 a.m. and 4:00 p.m. 4. The City is in an air quality non-attainment area. Bidders must submit bids for oxygenated fuels. There are requirements for both the Methyl Tertiary Butyl Ether and Ethanol blended fuels. The use of these oxygenated fuels will change depending on the time of year. 5. All oxygenated or blended fuels shall conform to the American Society for Testing Materials D4814 standard specifications for the State of Arizona and meet any Environmental Protection Agency waivers for oxygenated or 9 blended fuels. All diesel fuel shall conform to ASTM D975-81 standard specifications for No. 2 diesel fuel for the State of Arizona and any ASTM revisions thereafter. All gasoline fuel shall have a minimum octane of 85. Diesel fuel shall be ultra-low sulfur. 6. Bidders shall reference the"Phoenix Rack"for purposes of this Agreement. The chosen Contractor will not be permitted to make a change of "rack" during the contract period. All prices offered shall include all costs incurred in delivery to the City's storage tanks. All prices offered shall be cents to four(4) decimal points and bid as a per unit price. All prices for fuel shall be based on the oil price information service ("OPIS"). 7. All prices to the City shall increase and decrease in direct relation with the published OPIS average rack price for "Phoenix." 8. The City is not tax exempt; all bids must incorporate and reference all applicable taxes Into the final bid price. 9. Guaranteed Take or Pay Quantity is the minimum volume of each fuel category that the City will purchase each year. 10. The City is not responsible for fuel spill cleanups due to the Contractor's equipment failure or when disconnecting from the fuel tanks. The Contractor will be responsible for such costs for cleanup and contacting the appropriate Arizona Department of Environmental Quality personnel to report the incident. The Contractor shall have the capability to provide mobile fueling services for generators, if requested. EXHIBIT B SCOPE OF WORK 1. The prices requested are to reflect full or near full loads only. Annually, the City uses up to 6,000 gallons of red dyed diesel, 40,000 gallons of clear diesel, 80,000 gallons of unleaded and 10,000 gallons of E55 fuel. The City has 2 above ground fuel tanks with 2 compartments in each tank. 2. Fuel delivery shall be F.O.B. City of Apache Junction, Public Works Yard located at 575 E Baseline Avenue, Apache Junction, Arizona. Delivery shall occur within 1 calendar day after receipt of a telephonic order. Approximately every 3 to 4 weeks, the City will order a minimum truck/trailer load of 8,000 gallons, either single or combination delivery. All risk of transportation (including environmental spills) and all related charges shall be the responsibility of the contractor. 3. Delivery will be accepted Monday through Thursday between the hours of 6:30 a.m. and 4:00 p.m. 4. The City is in an air quality non-attainment area. Bidders must submit bids for oxygenated fuels. There are requirements for both the Methyl Tertiary Butyl Ether and Ethanol blended fuels. The use of these oxygenated fuels will change depending on the time of year. 5. All oxygenated or blended fuels shall conform to the American Society for Testing Materials D4814 standard specifications for the State of Arizona and meet any Environmental Protection Agency waivers for oxygenated or 9 blended fuels. All diesel fuel shall conform to ASTM D975-81 standard specifications for No. 2 diesel fuel for the State of Arizona and any ASTM revisions thereafter. All gasoline fuel shall have a minimum octane of 85. Diesel fuel shall be ultra-low sulfur. 6. Bidders shall reference the"Phoenix Rack"for purposes of this Agreement. The chosen Contractor will not be permitted to make a change of "rack" during the contract period. All prices offered shall include all costs incurred in delivery to the City's storage tanks. All prices offered shall be cents to four (4) decimal points and bid as a per unit price. All prices for fuel shall be based on the oil price information service ("OPIS"). 7. All prices to the City shall increase and decrease in direct relation with the published OPIS average rack price for "Phoenix." 8. The City is not tax exempt; all bids must incorporate and reference all applicable taxes into the final bid price. 9. Guaranteed Take or Pay Quantity is the minimum volume of each fuel category that the City will purchase each year. 10. The City is not responsible for fuel spill cleanups due to the Contractor's equipment failure or when disconnecting from the fuel tanks. The Contractor will be responsible for such costs for cleanup and contacting the appropriate Arizona Department of Environmental Quality personnel to report the incident. The Contractor shall have the capability to provide mobile fueling services for generators, if requested. BULK FUEL CONTRACT FY2027-2031 BACKGROUND • City current bulk fuel agreement ends June 30 , 2026 • May 11 , 2026 : City received two responses to the Request for Proposals ( RFP) for Bulk Fuel . Request for proposals Petroleum Traders Company Senergy Gallons • ' . Differential Total • • Cost Red Dyed 9,000 4.5133 0.3710 43,958.70 42,540.30 Diesel Clear Diesel 55,000 4.5364 0.2559 263,579.00 0.3347 267,908.50 Unleaded 100,000 4.1573 0.1457 430,298.00 0.2250 438,230.00 Total Cost $737,835.70 $748,678.80 Financial Impact • Entering into an agreement with Petroleum Traders Corporation is expected to save the City approximately $10,000 annually in bulk fuel costs compared to current pricing. Conclusion • Staff recommends entering into an agreement with Petroleum Traders Corporation for the purchase of bulk fuel in an amount not to exceed $900,000 for an initial one-year term, with four automatic one-year renewal options. Questions ? City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No.9. �Piz oN* File ID: 26-330 Sponsor: Matt Busby Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Presentation, discussion, and update from representatives with Arizona Water Company on rate case. City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 26-313 Sponsor: Chip Wilson Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 11. �Piz oN* File ID: 26-314 Sponsor: Matt Busby Agenda Date: 6/16/2026 Index: In Control: City Council Meeting City Manager's Report City of Apache Junction,Arizona Page 1 Printed on 611112026 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. '+PizoN* File ID: 26-326 Sponsor: Hudson Meyer Agenda Date: 6/16/2026 Index: In Control: City Council Meeting Presentation, discussion, public hearing, and consideration of Ordinance No. 1576 regarding case P-26-6-PZ, a request by Kimberly Bergman for a rezoning of 275 S. Cactus Road, approximately 1.25 gross acre parcel from Medium Density Single-Family Detached Residential ("RS-10M")to General Rural Low Density Single-Family Detached Residential ("RS-GR")and repealing any conflicting provisions and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 611112026 O� ACHE�Gti Z City of Apache Junction gRIZON� Development Services Department ,., '` P CITY COUNCIL PUBLIC HEARING STAFF MEMO Date : June 16, 2026 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director From: Hudson Meyer, Associate Planner Case Number: P-26-6-PZ Subject: 275 S . Cactus Proposed Rezoning Summary P-26-6-PZ is a proposal by Kimberly Bergman to rezone approximately 1 . 25 gross acres currently zoned Medium Density Single-Family Detached Residential ("RS-10M") to General Rural Low Density Single-Family Detached Residential ("RS-GR") . Planning & Zoning Commission Hearing and Recommendation On May 12, 2026, the Planning and Zoning Commission held a public hearing for P-26-6-PZ . At the meeting the Commission discussed concerns raised by residents regarding potential business operations, horse use on the property, and the proposed conditions of approval . The Planning and Zoning Commission evaluated the proposed rezoning and subsequently voted 6-0 to forward P-26-6-PZ to the Apache Junction City Council with a recommendation of approval, without the second proposed Condition of Approval which read: 2) No business activity shall occur on the property, including but not limited to the storage or parking of commercial vehicles, equipment, or construction materials . Additionally, no operations, activities, or uses that create commercial-related nuisances - such as excessive noise, dust, odors, outdoor storage, or increased traffic Planning& Zoning-Building& Safety-Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 associated with a business operation — shall be permitted on the site . Staff included this condition in response to neighborhood concerns conveyed during the planning review process . However, the Planning and Zoning Commission perceived the inclusion of this condition was redundant, as the Apache Junction Zoning Ordinance already prohibits business activity of this scope on residentially zoned properties . June 1, 2026 Work Session On June 1, 2026, the Council reviewed the case information and held discussion on the nature of the property' s use and the public' s concerns about potential commercial activity at the property in addition to the potential re-inclusion of Condition of Approval #2 . Attached: - Planning and Zoning Commission Staff Report and attachments (May 12, 2026) Planning& Zoning—Building& Safety—Revenue Development 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5083 •Fax(480)982-7010 1 O� PQACHF✓G�0 �y Z City of Apache Junction Development Services Department k'7 qR/ZONP PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : May 12, 2026 TO: Planning and Zoning Commission THROUGH: Rudy Esquivias, Development Services Director Sidney Urias, Development Services Deputy Director FROM: Hudson Meyer, Associate Planner CASE NUMBER: P-26-6-PZ "275 S . Cactus Rezoning" OWNER/APPLICANT: Kimberly Bergman REQUEST: Proposed Rezoning of an approximately 1 .25 gross acre parcel located at 275 S . Cactus Road zoned Medium Density Single-Family Detached Residential ("RS-10M") to General Rural Low Density Single-Family Detached Residential ("RS-GR") . LOCATION: The subject site is located near the northeast corner of 4th Avenue and Cactus Road. GENERAL PLAN DESIGNATION: Medium Density Residential (10 DU/AC Max) ZONING DESIGNATION: Medium Density Single-Family Detached Residential "RS-10M" . SURROUNDING USES : North: Medium Density Residential Zoned properties "RS-10M" . South: Medium Density Residential zoned properties "RS-10M" . Cases P-26-6-PZ May 12,2026 Planning and Zoning Commission Staff Report 2 East: Weaver' s Needle RV Resort zoned Recreational Vehicle Park "RVP" . West: Medium Density Residential zoned properties "RS-10M" and General Rural Low Density Single-Family Detached Residential properties `RS-GR" . PROPOSALS P-26-6-PZ is a proposal by Kimberly Bergman to rezone approximately 1 . 25 gross acres currently zoned Medium Density Single-Family Detached Residential ("RS-10M") to General Rural Low Density Single-Family Detached Residential ("RS-GR") . BACKGROUND The subject site at 275 S . Cactus is an approximately 1 . 25 acre single-family residential property that was developed in 1997 according to the Pinai County Assessor' s Office. The property was designated Medium Density Single-Family Detached Residential "RS-10M" in 2014 when the Zoning Ordinance was updated. Unlike the neighboring properties however this parcel was never split any further than 1 . 25 acres . Provided the difference in zoning standards between "RS-10M" and "RS-GR" this rezoning request aims to bring the property under standards that are more applicable to the subject site. PLANNING STAFF ANALYSIS Relationship to General Plan: While the property itself is designated with the Medium-Density Residential land use designation, the surrounding neighborhood is largely designated Low Density Residential beyond the immediately adjacent properties . This rezoning would bring the zoning more in line with that of similar sized parcels in the area. Additionally, the proposed zoning change from the Medium-Density Residential "RS-10M" to the Low-Density Residential "RS-GR" does not create a conflict requiring a General Plan amendment, as "any proposed zoning map change from a higher density residential zoning district to a lower density residential zoning district" does not require a major or minor amendment. Cases P-26-6-PZ May 12,2026 Planning and Zoning Commission Staff Report 3 Q GSL:iilily • � t rl;; F`p mobile lri:LLI�S.:lLl:1l Comer—,(1 DU/AC) • h_ {r 1 LowD mrty Reeid-ti.1i 1 DUA.25 AC) Medum Density R—d.ma1(10 DU'AC Max) Hgn Denary Res dence1{40 DU/AC Mex) 43 1'Ad .//Dowmown M.xed Use M.—P4nned Comm y(20 DU/AC Max) .Commercial .Light kd,weVBu.ime Perk end d—al ■Publit,11 u—1 Open Sp..end Recree[- Zoning/Site Context: The subject property is surrounded by residential land uses, as noted: • North of the property are three "RS-10M" zoned properties, as well as Weaver' s Needle RV Resort zoned "RVP. " • South of the property are more single-family residential lots zoned "RS-10M. " • East of the property is Weaver' s Needle RV Resort zoned "RVP. " • West of the property are single-family residential lots zoned "RS-10M" as well as "RS-GR. " Cases P-26-6-PZ May 12,2026 Planning and Zoning Commission Staff Report 4 r '' "fir`' • _ - �1-► r to 1 _ 4P �.,. ,,.•� Public Input: The applicant sent out neighborhood meeting notification letters to the property owners within a three-hundred (300' ) radius, per the standard requirements of a rezoning, notifying neighbors of the proposed development and providing them contact information to learn more about the project. The advertised neighborhood meeting was held on Thursday, January 29, 2026 at the Apache Junction Multi-Generational Center. Eight neighbors attended and had questions about how the use of the property may change with the rezoning. Staff have received three comments via email regarding the proposed rezoning, one expressing support and two noting concerns regarding the placement of a cargo container on the site, as well as potential use for business activities . The comments have been attached to the Public Participation Report (Exhibit #4) . PLANNING DIVISION RECOMMENDATION In review of the project proposal, Staff is supportive of the proposed Rezoning Case P-26-6-PZ and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below. As always, Cases P-26-6-PZ May 12,2026 Planning and Zoning Commission Staff Report 5 Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of the proposed Rezoning Case P-26-6-PZ, a request by Kimberly Bergman to rezone Parcel 101-22-0680, currently zoned Medium Density Single-Family Detached Residential ("RS-10M") to General Rural Low Density Single-Family Detached Residential ("RS-GR") , subject to the following condition of approval : 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and all applicable codes and plans presented in case P-26-6-PZ . ---------------------------------------------------------------- Prepared by Hudson Meyer Associate Planner Attachments : Exhibit #1 - Project Narrative Exhibit #2 - Proposed Site Plan Exhibit #3 - Aerial Map Exhibit #4 - Public Participation Plan & Report Cases P-26-6-PZ May 12,2026 Planning and Zoning Commission Staff Report PROJECT NARRATIVE 275 S. CACTUS RD. Kimberly,Eric and&Hannah Bergman 602-579-3564 KimberlyLBergman@gmail.com 1860 N.Thunderbird Dr. Apache Junction,AZ 85120 PROPERTY REZONE REQUEST With this request we seek to rezone the property located at 275 S. Cactus Rd (APN- 101-22-0680) from RS-IO-M to RS-GR to allow for a better use of the full piece of the property. As it stands now with the current zoning, we are unable to use almost 2/3 of the property. We currently have a storage container that we seek to have permitted or possibly build a garage but we are unable to do either with the current zoning. The existing shed/workshop are not sufficient as you are not able to park a vehicle in either of them but with these two buildings and the house, we are at maximum square foot usage of the property per the RS-IOM zone code.This property serves as home for our daughters's family to include 2 children and her partner. One of our grandchildren is Autistic and we made the choice to purchase this property as it's situated to be very private. With that being said, it was a family financial sacrifice to purchase it. In addition to providing a home for our daughter's family, we want to have a building or the storage container to store our business material, Christmas Decoration, and various household items you would typically store. Provided that we are able to rezone and build a garage, it will not change the character of the existing neighborhood. Most if not all surrounding properties, have garages while they are on smaller pieces of property. Our's is the largest one in RS-10-M as it was never split up as the others have been. The property backs up to a large piece of property that is zoned RS-GR. The rest of the area is all RS- GR with the exception of a small number of properties in RS-10-M and this rezone aligns with the larger area. This rezone would not require any additional infrastructure, and would not create any additional traffic for the neighborhood or have an noise/environmental impact. If the zoning is approved and we do build a structure or permit one of the containers, this is will not be visible from the street and currently we have private screen on the fence at the back of the property. REVISED: Post RDR Review Comments The proposed garage/storage unit will be located as the same as it is on the site map with a similar footprint for any future structure. Currently, there are two Conex containers with one being sold and removed soon. As this structure upon rezone will be partially for personal and business material usage, the hours of utilization will vary. Small trailer and trucks are currently on site for storage purposes. Taking into account for noise ordinances, and usage during daylight hours, the impact on this rezone would be minimal on the neighbors. Prior to moving onto the property we met with all the surrounding neighbors albeit one neighbor to advise that at any point, communicate to us on any perceived disturbances so that it can be addressed. We do not want to impede not only our view of the mountains but do no want to impede view of the surrounding neighbors. We intentionally placed the storage as to no impede views.At this time we do not have a set plan for building as without the rezone we cannot build anything. Provided that the rezone is approved, permitting/plans will follow. Per the Pre-Application Department comments from the following Water: There is no plan to add any additional water lines. There is a spigot already located near the proposed storage unit/garage If at any point in the future this would be needed,proper permits would be applied for. Site Development Engineering: No comments or requirements Public Works Engineering: No comments or requirements for this project. Public Works Floodplain & Stormwater:Any proposed site improvements may need to be FEMA compliant due to potential FEMA standards being implemented in August 2025. Building & Safety: We will need to comply with current codes as of 2018 and potentially adhere to 2024 international codes within 2025 Sewer: They take no exception to the project. If plumbing is added a sewer permit would be required. Public Safety: No concerns on this project. Economic Development : No comments on this case Fire & Medical (Staff Contact: Richard Mooney—480-982-4440 ext. 160; Richard.mooney@sfmd.az.gov) Property owners notes on comments from the SFMD more clarification in bold below. 1. Superstition Fire &Medical District(SFMD) follows the 2018 International Fire Code (IFC) with Amendments approved by the SFMD Fire Board.A copy of the 2018 IFC and our amendments can be found on our website: https:Hsfind.az.gov/ . 2. Road(driveway) access must be at least 24 feet wide. It is 30 feet per the site map. 3. The access road to all units on the project site must be identified as the access street and not just an easement that could be blocked at a later date. Email correspondence from Theint Thandar Ko :"Per our team's discussion regarding the formal Public Access Way (PAW) dedication, the (PAW) application will not be required as part of the Rezoning process at this time." The current driveway is and has been dedicated to use for all since the property was developed and that will not change. The access road could potentially be dedicated to be of perpetual usage for all during this process.At no time have we considered anything otherwise as it provides access to to all homes to the South of 275 S. Cactus Rd.. 4. SFMD is concerned about adding additional structures to a property without a fire hydrant nearby, especially if business and personal materials are stored on the property. Tender operations are required to support any fire operations on the property. Currently, there is a water spigot that is near the current structures. 5. The road to the property entrance is on the access road, making tender operations difficult because there is only one entry point. There are 3 gates openings on the access road, in varying widths from two gates of 20' and one 25'. 6. The addition of a garage to the property means the fire district would like to access it. However, SFMD does not have the authority to mandate a 20-foot access road to the garage, especially after the property is rezoned and the garage is built. There is a 30 foot wide access road to the property and current and/or any future storage structure. 7. SFMD would like an access gate on Cactus as a second means of egress into the property. 8. SFMD cannot enforce fire codes on residential properties, so adding additional buildings on a residential property is not ideal for fire suppression activities with the limited water supply in the area(no fire hydrants). 9. SFMD will not support or deny the property's rezoning; we have concerns about the increased fire load on the property without a permanent water supply and only one means of egress to the property. 10. SFMD reserves the right to add comments as more detailed plans are provided. First Site plan submitted did not include the third gate/access. It has been added to to the revised site map. The three gate entrances would provide access to both the house and the proposed structure location in the event of a fire emergency. We do appreciate your consideration of this rezone. Sincerely yours, Eric, Kimberly and Hannah Bergman 297' 8,x8' 00 '\5'Chain Link Shed �Fence 121 12'x 32' 144' 81 — �� 5' Chain Link M Shed N Fence c6 17 —ua - U sn� U) c J Septic r Tank n = -(p a)`m v o L U Water Box X Uo x 3 x 0 _U N O lV N N N j � LL p 0 f U 8'X 20' U o Shipping Container 100, 20' U 15' VJ////�� oaoN �U U LO 5'Chain Link N Fence • Power Pole 20'Gate II 25' Gate 171' 30 foot Easment 5'Chain Link d6 5'Chain Link Fence Fence 297' DISCLAIMER:This map was produced without benefit of a field survey and is not the intended use.The use of this map is for informational ArcGIS Web Map purposes only and the City of Apache Junction makes no warranty, Pxpressed or implied,regarding the reliability of the information provided. 241 ?43 245 0000flow �--, or f _ � ' �• VP b - V— - 10 �. {ll 1► 3?4 �� 305 ITNN .00 t* u7r 1188 s { LEGEND City of Apache Junction Apache Junction Municipal Boundary Parcels RVP N Apache Junction = City of Apache Junction Ephemeral Washes n 0 County Boundary Zoning Districts ,L\v Mobile Home and RV Parks RS-10M Documents by Quarter Section May 6, 2026 RS-GR o 0.01 o os mi Content maintained by the Apache Junction GIs Division 0 c • yp� rIts Ii Apache Junction Parks & Recreation °'i recreation 1035 N. Idaho Rd ft bmeali*"i°" Apache Junction, AZ 85119 480-983-2181 ajpr@apachejunctionaz.gov www.apachejunctionaz.gov/parks PERMIT #7549 Authorized On: 11/13/2025 04:10 PM NOTE: Rental Location Authorized Agent Multi Gen Center Dylan Kessler 1035 North Idaho Road Apache RESERVATIONS 480-983-2181 Junction,AZ 85119 ajpr@apachejunctionaz.gov Permit Holder https://www.apachejunctionaz.gov/111/ Kimberly Bergman Parks-Recreat 1860 N Thunderbird Dr Apache Junction,AZ 85120 602-579-3564 Location Facility Date Time Hours Fee Multi Gen Center MGC Art Room-Seniors R119 Thu,Jan 29th 2026 04:00 PM-06:00 PM 2.00$40.00 TOTAL: $40.00 CHARGES LOCATION FACILITY DESCRIPTION TOTAL PAID BALANCE DUE Multi Gen Center MGC Art Room-Seniors R119 Jan 29,2026 4:00 PM-6:00 PM$40.00$40.00$0.00 TOTAL: $40.00$40.00$0.00 PAYMENTS RECEIPT#DATE/TIME DESCRIPTION AMOUNT 97692917 11/13/2025 04:10 PM Credit/Debit$40.00 98972337 12/23/2025 04:02 PM User Credit($40.00)98972337 12/23/2025 04:02 PM User Credit$40.00 99818294 01/14/2026 01:10 PM User Credit($40.00)99818294 01/14/2026 01:10 PM User Credit$40.00 TOTAL: $40.00 PROMPT RESPONSES Location Facilities Date Days Multi Gen Center MGC Art Room-Seniors R119 01/29/2026 Thu #1 -What is the name of your event?EX:John Doe Birthday Party Apache Junction Parks&Recreation,AZ Facility Rental Permit PERMIT#7549 Page 1 Customer Initials: Response:Bergman Neighborhood Rezone Meeting Multi Gen Center MGC Art Room-Seniors R119 01/29/2026 Thu#2-What is the expected attendance for your group?(Must be less than 35) Response:35 Multi Gen Center MGC Art Room-Seniors R119 01/29/2026 Thu#3-Is this reservation open to the public?"If the answer is yes,they will need permission to move forward with reservation Response:No Multi Gen Center MGC Art Room-Seniors R119 01/29/2026 Thu#4-Please specify any special setup requests you may have(Not all request are approved): Response:Two tables along the south wall.Also set out five chairs around the room. ON-CALL PARK RANGER PHONE#: 480-474-5418 Permittee agrees to comply with all federal, state, and municipal laws, rules, ordinances, regulations and orders with respect to the use of facilities and occupancy thereof. Permittee, during the terms of this permit, covenants and agrees to indemnify and hold harmless the city, its elected officials, employees and agents from each and every loss, cost, damage and expense arising out of any occurrence causing injury or death of persons or damage to property due to conditions of the rented premises or the use of neglect thereof by Permittee. At the city's request, Permittee further agrees to provide, pay for and maintain public liability insurance with both City and Permittee named as the insured, depending on the nature of the facility rental. Permittee agrees that it will pay for any unusual wear, tear, breakage or damage to facility occurring from the public or principals representing the Permittee. Should an inspection reveal damages, Permittee shall reimburse the City for full costs necessary to restore facility to its condition prior to use by Permittee. The City reserves the right to refund payments made in advance for the rental of any facility, should the City decide the rental is not in the best interests, and cancel the use of the facility on the date or dates specified in this permit. Additional fees may be charged to Permittee's account if the facility is found to be damaged or not properly cleaned. Cancellations due to unforeseen weather conditions that make it impossible to utilize the facility will be offered a credit, a transfer, or a partial refund (requests of this nature must be made within 3 business days with the facilities office). If the Permittee chooses to cancel or move their reservation for any other reason, a request for credit/transfer/refund must be made prior to the facility rental date in order to receive a partial refund or transfer. All refunds granted will be minus 10% or$5, whichever is greater. Apache Junction Parks&Recreation,AZ Facility Rental Permit PERMIT#7549 Page 2 Customer Initials: Permit is not transferable Glass containers are prohibited. Collecting distributing, or leaving food or other donated items is prohibited unless associated with an approved special event Permitee is responsible for conduct of group members Picnic ramadas are on a first come basis, unless the group size is 25 or more, in which case a reservation is required. Permit is only valid for dates, times, and number of individuals described above. Permitee must retain permit and make available upon request by city officials. Permitee agrees to follow CDC/Arizona Health Department guidelines to insure proper precautions related to COVD-19 are implemented and enforced among those participating in the Permitee's reserved activity/space. By signing below, I agree that I have read and understand the above notifications/disclaimers. This facility does NOT allow alcohol. I acknowledge that I have read and understand the above conditions. I also agree to indemnify and hold harmless the City of Apache Junction from each and every loss associated with this permit. Signature/Date of Adult Participant/Parent/Legal Guardian Apache Junction Parks&Recreation,AZ Facility Rental Permit PERMIT#7549 Page 3 Customer Initials: REZONING NOTICE/LETTER/PLAN 275 S. CACTUS RD. APACHE JUNCTION,ARIZONA 85119 The purpose of this Citizen Participation Plan/letter serves to inform citizens, property owners, neighborhood associations, agencies, schools and business in the vicinity of the site of an application for proposed rezoning. You are receiving this plan/letter as you are on on the contact list that has been developed for citizens, agencies and businesses in the area including : Property owners , Homeowners Associations, and Neighborhood associations within 300 feet of the project. The site for proposed rezoning from RS-10 -M to RS-GR is located at: 275 S Cactus Rd. Apache Junction, Arizona 85119 (APN 101-22-0680) The potential rezone is aligned with the majority of the properties in the area. Attached please find the site plan. This plan/letter is to ensure that those who will potentially be affected by this rezoning application will have sufficient opportunity to learn and comment on the proposal. While we have met many of the recipients of this letter prior to moving onto the property, we have not at any point received any negative feedback personally. The city was contacted by one property owner in lieu of speaking to us personally, regarding the storage containers. We look forward to meeting with our neighbors for discussions. Currently, there is a storage unit on the property. Subsequently, in the event of the proposed rezoning going through, a permit will be applied for the remaining container and/or a garage. This structure will remain at the back of the property (Southeast Section of the property) where it will not impede the view of the Superstition Mountains of any of the surrounding homes. The noise level will remain low and in accordance with City of Apache Junction ordinance. The Pre-Application submittal with the City of Apache Junction planning was made on March 2025. Staff reviewed the application and recommended that neighboring residents, nearby registered neighborhoods, and nearby Homeowners Associations be contacted. At the review, no departments were in opposition to this rezone. They do reserve the right to comment at a later date. This letter serves as an invitation to comment via the contact information listed below. Additionally, a public meeting will be held for comment and concerns on Thursday,January 29, 2026 from 4:00 p.m. - 6:00 p.m at the Apache Junction Multi-Generational Center located at 1035 N Idaho Rd, Apache Junction, AZ 85119 in room 119. There will be a public posting notice to be placed at 275 S. Cactus Rd. for notification purposes, also. Our intent is to provide constructive citizen participation with this meeting and application process. Our contact information is as follows: Kimberly Bergman: KimberlyLBer man(&gmail.com 602-579-3564 Eric Bergman EricRBergmanl9620gmail.com 602-672-7163 Hannah Bergman HEBergman9lOgmail.com 480-772-1306 The Pre-Application submittal with the City of Apache Junction planning was made on March 2025. Staff reviewed the application and recommended that neighboring residents, nearby registered neighborhoods, and nearby Homeowners Associations be contacted. At the review, no departments were in opposition to this rezone. They do reserve the right to comment at a later date. Pre-Application Submittal: March 2025 Pre-Application Comments: April 2025 Mailing of Notification letters :January 15, 2026 City Hearing: TBD Sincerely yours, Eric, Kimberly& Hannah Bergman 1860 N.THUNDERBIRD DR.APACHE JUNCTION,AZ 602-579-3564 KIMBERLYLBERGMAN@GMAIL.COM Follow Up Report 101 -22-0680 275 S . Cactus Rd Apache Junction , AZ 85119 The neighborhood rezoning meeting as held on January 29,2026 from 4-6 p.m. at Apache Junction Multi-Generational Center located at 1035 N. Idaho Rd. Apache Junction, AZ 85119 The Neighborhood notice was mailed on January 15,2026. No other additional notices were sent. Original letter attached. Attached is the mailing label per the Assessor site. There were 10 neighbors, plus two of the Cactus property owners and our Planning and Zoning liaison, Hudson Meyer for a total of 13 in attendance. The following concerns were addressed: Request to rezone for "Commercial" It is unclear why the three of the meeting attendees inquired about this as at NO time have we ever discussed or written about in our neighborhood letter or in person. We quickly assured the three attendees that this was not the case, but a rezone to RS-GR so we may use the property in a functional way. Noise concerns were addressed. As there are several vehicles that are diesel which can be noisier than a conventional gas motor, it was clarified that these vehicles were also for personal use, not left running and adhered to noise code quiet times. Many local residents drive similar or the exact same trucks as we do. It was also pointed out that the current structure is approximately 50+ feet away from the driveway and the driveway is another 30 feet to the Southern fence line at the easement/driveway. More than most space between residential driveways in varying neighborhoods. Additionally, a forklift runs periodically, also 80+feet away from the Southern fence line across the driveway. The forklift runs occasionally to load material onto a truck. This takes less than 10 minutes on average. The decibel level for the forklift is similar to a lawnmower. We have adhered to the noise ordinances with the use of the forklift. Drywall material is periodically delivered to the location by a semi or a diesel truck. Said trucks are at the location 20 minutes more or less. We instructed them to park on Cactus so as not to block the Communal driveway. And they are delivering well inside of the noise ordinance times. The complainants called the police regarding noise one time but we were not sited for this. Subsequently we bought a noise decibel meter to monitor the situation. Business being operated from the property was addressed. We assured all involved that we were not operating our business on site. As it was been confirmed that we store items both personal and business but our Drywall business is addressed and licensed at another property. The storage container stores drywall material, small tools and other personal items. As everyone else "drives" out of their driveway to work in the morning, the same is said for us. There are occasions when we leave the property, we have drywall materials for a job located elsewhere. We confirmed that with meeting attendees that nothing is bought, sold or made on the property. Fire Hazard addressed: As shown on the site map, which all attendees were mailed prior to the meeting, the property has three entrances off the common driveway. The fence line is five feet and easily accessible in the event of a fire. We confirmed that at no point did we plan on restricting the common driveway access. The current structure is all metal and are a very low fire hazard. The drywall material currently being stored is not flammable. Additionally, there is a water spigot located in the yard near the storage containers if the need ever arose. The discussion of "neighborliness" was touched upon as the party that complained at no point every made any effort to speak to us about their concerns before complaints to the city were filed. All other neighbors/attendees have never had any issues with us. We have made the best effort to be good neighbors and will continue to do so. Hudson Meyer From: Alice Barnes <twoyawhooz@yahoo.com> Sent: Sunday, April 26, 2026 6:06 PM To: Hudson Meyer Subject: Fw: [External] Regarding Case# P-26-6-PZ ----- Forwarded Message----- From: Alice Barnes <twoyawhooz@yahoo.com> To: "twoyawhooz@mchsi.com" <twoyawhooz@mchsi.com> Sent: Sunday, April 26, 2026 at 05:56:14 PM MST Subject: Regarding Case# P-26-6-PZ Alice Barnes/ Kim Hayes 305 S Cactus Rd 253-312-3083 twoyawhooz@yahoo.com 4/26/2026 Apache Junction Planning and Zoning Dept. 300 E Superstition Blvd. Apache Junction, AZ 85119 Subject: Opposition to rezoning Case# P-26-6-PZ 275 S Cactus Rd Apache Junction, AZ 85119 Dear members of the Planning and Zoning commission, and City Council. We are property owners at 305 S Cactus Rd which is located withing 300FT of the property proposed for Rezoning in Case# P-26-6-PZ. We are writing to strongly oppose the proposal to rezone the site at 275 S Cactus Rd from RS-10M to RS-GR. We believe this change is not in the best interest of our neighborhood for the following reasons. NOISE From Business equipment IE: Forklift, mixers, employee traffic all at random hours of the day. Our common fence is barely 20 feet from the front of our home. Our question is, Can Eric Bergman run a commercial business on that property. He does not reside there. HORSES The change from RS-10M to RS-GR will allow this property to become horse property and according to your code, that means unlimited horses. If horses are put on this property it would lower the value of our property due to the odors, pests, flies, etc. Because of the close proximity of out adjoining property line. Not to mention the adjoining fence line with Weavers Needle Park that would be a horrible intrusion to the winter visitors that help support this community. NEIGHBORHOOD MEETING we attended the neighborhood meeting on 1-29-2026 and voiced our concerns along with other neighbors. There were no fixes offered by the Bergmans The only suggestion came from neighbors and us to have them build a noise dampening wall if you are going to allow Mr. Bergman to run a commercial business off of that property. We were told that we have no public access to the final report from the Bergmans in regards to the neighborhood meeting that you have received. We are unable to attend the Planning and Zoning meeting on 4-28-2026. However we wanted our concerns on record. 1 We strongly urge the Commission to recommend denial of this rezoning request. Sincerely, Alice Barnes/ Kim Hayes z To: Hudson Meyer - Associate Planner 4/29/2026 Planning & Zoning Commission, Apache Junction AZ Regarding P-26-6-PZ My name is Paul J. Abrahamsen and I own three properties within 300 feet of the parcel 101-22-0680 located at 275 S Cactus Road which Kimberly Bergman is requesting to rezone from Medium Density Single-Family Detached Residential (RS- 10M) to General Rural Low Density Single-Family Detached Residential (RS-GR). Note: I am in favor of the zoning change! My three properties are: 1) 303 S Cactus Road, Apache Junction, AZ 85119 2) 1226 E 4T" Avenue Apache Junction, AZ 85119 3) 1250 E 4t" Avenue Apache Junction, AZ 85119 Note: My son & I attended the public hearing for P-26-6-PZ yesterday. But might not be able to attend the next one on June 2, 2026. Thus, I am sending this Email. Any questions? My cell is 602-717-3789 Once again: I am in favor of the zoning change! Hudson Meyer, Associate Planner City of Apache Junction Re: P-26-6-PZ"275 S. Cactus Rezoning" Mr. Meyer, This letter is a follow up to my letter and our emails from earlier this month. I have just now been able to review the documents related to the P-26-6-PZ"275 S. Cactus Rezoning" public hearing scheduled for this evening. Unfortunately, I am unable to attend tonight's meeting due to prior commitments. From the review, I wish to add the following comments; 1) The storage area at the back of the property is within 15'of the fence bordering Weaver's Needle RV Park. During the winter months this part of the Park is filled with guests who have been impacted by the ongoing business operation started on this property. This past winter there were many complaints by the residents of excessive noise on this property. On a couple of occasions Code Compliance was called and visited this property over noise and other complaints. Is it possible to have the Code Compliance officers' reports made a part of this record? 2) It is clear from the documents presented by the applicant that a storage or warehouse business is being operated here. It defies common sense to state otherwise when the applicant states that occasionally semi-trailer trucks will unload drywall and other business-related material for storage for the applicant's business. The narrative relates that this business is intended to be ongoing. The General Plan and subsequent zoning of this property never envisioned a storage business being operated here.The city streets in this area are not built for regular use by semi-trailers, for example. 3) The Fire department's concerns should not be understated. The storage container and stored materials will be within 20 feet or so of RV units that would have to be moved on an emergency basis in case of fire. 4) In reading the narrative for this application, it was indicated that this zoning change was to in effect legalize how the property is being used today rather than an effort to bring the property into compliance with the City Code. It sets a bad precedence. Included are some pictures from the Weaver's Needle fence line. The nature of the use of this portion of the property is clear. ■ YID � _ A i I object to this zoning request if business use is permitted. Please enter this into the public record. Best regards, Stephen J. Harshman 250 S Tomahawk Rd Spc 98 Apache Junction, AZ 85119 Cell: 847-217-8619 Hudson Meyer From: HANK DALLAS <dallasdabbas@msn.com> Sent: Friday, May 8, 2026 6:32 PM To: Hudson Meyer Subject: [External] Case# P-26-6-PZ Hi My name Hank Dallas I live in 210 S cactus rd Apache Junction Z 85119 lam friend with my neighbor Eric Bergman his property 275 S cactus rd Apache Junction Az 85119 cross to my property and he is good neighbor and good family and I never have any complain from my neighbors we live peaceful neighborhood and all respect neighbors and I'm support my neighbor Eric Bergman to rezone his property 275 S Cactus rd Apache Junction Az 85119 Thank you Hank Dallas 210 S cactus rd Apache Junction Arizona 85119 phone# 4805803392 Sent from my iPhone 4805803392 i Hudson Meyer From: Craig Harmon OPP <fightjudge@mail.com> Sent: Monday, May 11, 2026 10:01 AM To: Hudson Meyer Subject: [External] P-26-6-PZ 275 5 Cactus Rd I am writing in support of the rezoning request P-26-6-PZ by Eric & Kimberly Bergman.They want to combine their 3 lots into a 1.25 acre lot changing the zoning from Medium Density SFD residential to General rural low Density SFD residential. I have no problem with their request and encourage AJ P&D and City Council to approve their request. I live just west of their property on Belair. Sincerely Craig Harmon 175 S Belair Rd 480-773-8441 Sent from my Android phone with mail.com Mail. Please excuse my brevity. i ORDINANCE NO. 1576 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE P-26-6-PZ, A REQUEST BY KIMBERLY BERGMAN FROM MEDIUM DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-10M") TO GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, on May 12, 2026, the Apache Junction planning and zoning commission recommended in a vote of 6: 0 to approve rezoning case No. P-26-6-PZ to city council; and WHEREAS, pursuant to A. R. S. § 9-462 . 01 (1) , the city council, before adopting any zoning ordinance or text amendment of general applicability, shall consider the probable impact the proposed zoning ordinance or text amendment would have on the cost to construct housing for sale or rent; and WHEREAS, the city council has determined the adoption of this ordinance or text amendment will have no negative impact on the cost to construct housing for sale or rent as delineated under A. R. S. § 9-462 . 01 (J) . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcel of land legally described as: Parcel 101-22-0680: The South Half of the Northwest Quarter of the Southwest quarter of the Northeast quarter of the Southeast quarter of Section 21, Township 1 North, Range 8 East of the Gila and Salt River Meridian, Pinal County, Arizona. Except the West 33. 00 feet thereof; and Except coal, oil, gas and other mineral deposits as reserved by the United States of America in the patent to said land. be and hereby is amended from Medium Density Single-Family Detached Residential ("RS-lOM") , to General Rural Low Density Single-Family ORDINANCE NO. 1576 PAGE 1 OF 2 Residential ("RS-GR") subject to the following condition of approval: 1) The development shall reflect substantial compliance and consistency with the city' s zoning ordinance and all applicable codes and plans presented in case P-26-6-PZ . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2026. SIGNED AND ATTESTED TO THIS DAY OF 2026. WALTER "CHIP" WILSON ATTEST: Mayor EVIE MCKINNEY City Clerk APPROVED AS TO FORM: <TS 6. 9.26 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1576 PAGE 2 OF 2 275 S Cactus Road P - 26 - 6 - PZ City of Apache Junction City Council Public Hearing June 16 , 20 26 Ab V F TT TF 1 1 . 0 A,F Case Summary . t • ��* - • row AIML All Proposed rezoning tiL'�•.•_ 4 R.-1 aa1'�; s Lam; 1 �► 111 _r�of • - P-26-6-PZ: A 1 0', 1 1 gross t I Aw acres located at 275 S Cactus _ ar I • 1 �1 t .10 • ,••j• • 1 T J • • y `C000 , Road from RS-10M to RS-GR. . /ram'' "�'..� �M � .. ♦ �t •r 1 � r. _ _"v " '' - ' ✓ O& ter+. ram rw •Owb. • r., Ur A. r.a • WOPO t — — pie AL ad 0 �e. �` �. i��� _.. S�. �e�.r � ;. ram• ��, �� r'1r-. .� '_�. .�� �. �r "•� j r , N. nor Ab 41 fee Zoneing Map FT Ile* Current Zoning: ' 1 Medium Density Single- it tFamily Detached M' VI Residential "'RS-10M" jwEx Ir r. North : Th . .properties r _ r ct . r 1 1 South : Three "'RS-10M" 4 properties • ►00 ram - it - .� woo•• East : Weaver"s Needle RV t SS . � . . ational r Resort Vehicle Park • ti� ^ '•' � • f .^ F \. r a ,�� , .. ,`' �� A f�.-/�P +ram _mow •; �``f ' IL West : "'RS-10M"' and "RS-GRY'r properties eta. 7 _ , -- - .: •- , ,r� ♦ , Terrapin Dr C C c Red Tanks Dr a o c 0 Crystal Springs Dr g Coffee Flats Or Coffee Flats Dr General P A o c Holiday Dr � Land Map v u Oxford Dr Weavers Needle Dr Current Land Use Weavers Needle Dr Designation : � Fullerton Dr � Medium Density Miners Needle Dr o Residential m O J Bluff Springs Dr Proposed Land Use 4thAve Designation : Future Land Use Low Density Residential - ...-. .in' : _ . • • • a t Low Density Residential ResidentialMedium Density High Density Residential • IDUAC Max) J c Downtown Mixed Use PlannedMaster • IDUAC Commercial H Light • and Industrial •a Space • Recreation 2 97' 00 5' Chain Link � 8' x8' __ Shed Fence - - ---— ---81 - 12' x 32' --- ----- 144'- `� 5' Chain Link zy sned `r N �Fence EO U cd U) - t` J Septic E [; Tank Q 0 �p a)Water Box X � X x m _ �NO/ N N " � CO I L o' ° 0 8' x 20' LID U Q Shipping Container -� 100'- 20' � \IJ;715' � o oo0in VJ v, NVU LO 5' Chain Link N AOZ Fence 20' Gate 25' Gate Power Pole 171 30 foot Easment "' 5' Chain Link d� 5' Chain Link Fence - -- Fence Public Input • The applicant has complied with the public notification requirements, including a sign posting, mail notification, and a newspaper posting . • A neighborhood meeting for the case was held at the Apache Junction M u lti-Gene ration Center on Thursday, January 29, 20268 • Ten neighbors attended the meeting to discuss the proposed rezoning and how the nature of the property may change. • Staff has received comment via email from 5 residents, three in support and two opposed to the rezoning . Two members of the public appeared at the Planning and Zoning Commission Public Hearing and spoke in support of the proposed rezoning . • Staff has received a follow-up from one of the objectors noting that their concerns have been addressed and they no longer object to the rezoning. J _ i Staff Recommendation • Planning Staff recommends the approval of P- 26-6- PZ, finding that the proposed rezoning brings the zoning of the property more in line with that of similar parcels in the area . Planning and Zoning Commission Recommendation • On May 12, 2026, the Planning and Zoning Commission evaluated the Rezoning proposal and voted 6-0 to forward P-26-6- PZ to the Apache Junction City Council with a recommendation of approval subject to the conditions of approval found in the Staff Report. • At City Council Work Session on June 1, 2026, the Council reviewed the case information and held discussion on the nature of the property's use and the public's concerns about potential commercial activity at the property in addition to the potential re-inclusion of Condition of Approval #2 . J _ 1 �, Thank 1/ 7! - .'f4 •.1� I _ .. ii IS', III - -- - �.. Origin a l Tim e lin e : Updated Timeline : Planning and Zoning Planning and Zoning Commission Public Hearing : Commission Public Hearing : April 281h, 2026 May 121h, 2026 City Council Work Session : City Council Work Session : May 18th, 2026 June Ist, 2026 City Council Public Hearing : City Council Public Hearing : June 2nd 1 2026 June 16th 1 2026 Planning and Zoning Commission Recommendation ( Continued ) • The Planning and Zoning Commission voted 6-0 to forward P-26-6- PZ to the Apache Junction City Council with a recommendation of approval subject to the conditions of approval found in the Staff Report, which did not include the added condition #2 which read : " No business activity shall occur on the property, including but not limited to the storage or parking of commercial vehicles, equipment, or construction materials . Additionally, no operations, activities, or uses that create commercial - related nuisances — such as excessive noise, dust, odors, outdoor storage, or increased traffic associated with a business operation — shall be permitted on the site ." IIIIJI Or A#VW 1 �, wr gob .v fir • 1 • � r A AAW � 14 I