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HomeMy WebLinkAbout2022 07.05 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,July 5,2022 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. 22-333 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 22-339 Consideration of approval of minutes of the regular meeting of June 21, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.06.21 MINUTES 3. 22-349 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2021-2022 Fiscal Year. Sponsors: Pamela Harrison Attachments: Library Board of Trustees Annual Report 2021-2022 City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 City Council Meeting Agenda July 5,2022 4. 22-361 Discussion and consideration for approval of Fiscal Year 2022-2023 Health and Human Services funding contracts between the City of Apache Junction and the Superstition Community Food Bank in the amount of$30,000, the Boys and Girls Club of the Valley in the amount of$11,580, the Genesis Project in the amount of$22,800, A New Leaf in the amount of$5,760, Apache Junction Community Development Corporation in the amount of$6,260 and the Salvation Army in the amount of$3,600. Sponsors: Jennifer Pena Attachments: A New Leaf AJ CDC Boys and Girls Club Food Bank Genesis 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. 5. 22-36 Presentation of proclamation declaring the month of July, "Parks and Recreation Month." Sponsors. Liz Langenbach Attachments: Parks and Recreation Proclamation 2022 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. 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. 6. 22-391 City Manager's Report. Sponsors: Bryant Powell 7. 22-390 Announcement of current events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 6/29/2022 City Council Meeting Agenda July 5,2V22 8. 22-367 Presentation, discussion and public hearing nn Resolution 22-O2. declaring asa public record that certain document filed with the city clerk entitled ''2022 Apache Junction City Code, Vol. ||. Land Development Code, Chapter 7: Development Feon.^ Souomms. Km|ooySohattnik Attachments: 9. 22-36O9 Presentation, discussion and public hearing nn Ordinance No. 1521. amending the Apache Junction City Code, Vol. ||. Land Development Code, by repealing Chapter7: Development Fees in its entirety; and adopting by reference a new Chapter 7: Development Fees; establishing an effective date and revolving sixty month review period; repealing any conflicting provisions; and providing foroevenabi|ih/. Sponsors. Km|ooySchattnik Attachments: Vol 11 Chap 7 Development Fees(with edits) Vol 11 Chap 7 Development Fees(deanj U' OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited bod000by the mayor after first submitting ewritten nyquoot-/n-spoak 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 noquoat-/o-opea6 form with the city clerk. 10. 22-386 Presentation and discussion on the Public Works' Fiscal Year 2022-2023 Capital Improvement and Street Maintenance Plan. Sponsors: ShaneKioeow Attachments: 11. 22-387 Presentation and discussion of agreement with Roadway Electric, LLC for traffic signal repair services through the City nf Mesa Cooperative Contract#2U22148. for one (1)year inan amount not tnexceed $40O.0O0.00 with an option to renew annually and not hu exceed five (5) years. Sonuxnos: ShanaKieoow Attachments: City vr Apache Junction,Arizona Page Printed on 612912022 City Council Meeting Agenda July 5,2022 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 22-392 Executive Session at 6:00 P.M. for Monday, July 18, and Executive Session at 6:00 P.M.for Tuesday, July 19, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena 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 4 Printed on 6/29/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-388 Sponsor:Jennifer Pena Agenda Date:7/5/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-389 Sponsor:Jennifer Pena Agenda Date:7/5/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 21, 2022. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,June 21,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the council meeting to order at 7:03 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Schroeder Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Anna McCray,Assistant to City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Evie McKinney, Deputy City Clerk Jeff Kirkham, Commander Leslie DeReche, Finance Director Al Bravo, Public Information Officer Rudy Esquivias, Development Services Director Liz Langenbach, Parks& Recreation Director D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Schroeder to approve the consent agenda items. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 1. 22-350 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes June 21,2022 2. 22-351 Consideration of approval of minutes of the regular meeting of June 7, 2022. 3. 22-327 Consideration of proposed agreement with Trevor O'Tool, artist selected by the City's Public Art Commission, for the design and installation of public art for the Dutchman Dog Park, in an amount not to exceed $60,000.00. 4. 22-372 Consideration of approval of a telecommunications license and right-of-way use agreement between the City of Apache Junction and Intrepid, LLC network services. 5. 22-374 Consideration of approval of a telecommunications license and right-of-way use agreement between the City of Apache Junction and Accipiter Communications, Inc., doing business as Zona Wyyerd and Wyyerd Connect, LLC doing business as Zona Wyyerd Network Services and doing business as Wyyerd Fiber. 6. 22-378 Consideration of approval of the First Amendment to the City of Apache Junction Bulk Fuel Agreement with Southern Counties Oil, doing business as SC Fuels, increasing the contract payment for the remainder of the term retroactively from May 1, 2022 through September 30, 2022 in an amount not to exceed $360,000. 7. 22-381 Consideration of approval on a third amendment to the License Agreement with Tyler Technologies, Inc. for utility billing software. The total cost for the implementation and one (1)year maintenance/support of the utility billing software is$143,228.00 plus 20%for contingencies in the amount of $28,645.60, for a total not to exceed $171,873.60. The Water Utilities Community Facilities District(City of Apache Junction)will reimburse the city for these expenses. 8. 22-379 Consideration of approval of the City of Apache Junction's Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy. 9. 22- 84 Consideration of approval of Resolution 22-24, City of Apache Junction Financial Policies , which establishes the framework for City of Apache Junction's overall fiscal planning and management. The policies are reviewed annually to assure the highest standards of fiscal management. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 10. 22-318 Presentation of 25-year Service Award to Jamie Sullivan, of the Apache Junction Parks and Recreation Department. Liz Langenbach, Director of Parks and Recreation recognized Jamie Sullivan for her 25 years of service. Ms. Langenbach shared the many contributions Ms. Sullivan has given to the city and the parks and recreation programs. City Manager Bryant Powell, also recognized and congratulated Jamie on her years of service, the energy she has and continues to bring to her job. She is always there to step up to challenges, and share in the fun of the programs and events. F. REGIONAL INTERGOVERNMENTAL UPDATES City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 21,2022 Mayor Wilson shared statistical data regarding the Phoenix-Mesa Gateway Airport and how the activity has increased so much, causing continual growth and updates to the airport. G. CITY MANAGER'S REPORT 11. 22-353 City Manager's Report. City Manager Bryant Powell announced a joint project between Pinal County, Arizona Department of Emergency Management and the city related to storm water runoff. The city is starting a regional multi-use detention facility tied to Weekes wash. Educational meetings related to this project have been set; the first one will be held Wednesday, June 22, 2022 at the Multi-Generational Center(MGC)at 4:00pm and then Thursday, July 7, 2022 at the MGC at 4:00pm. 12. 22-370 Presentation and discussion with Braden Biggs regarding the Apache Junction Centennial. 13. 22-352 Announcement of current events. Public Information Officer Al Bravo introduced Lavier Kurtz, the Earth Heart Park garden coordinator. Mr. Kurtz announced the grant they won and what they did with that funding. In May and June the garden supplied over 135 Ibs of fruits and vegetables to the community. He was a Master Gardner with Maricopa County but when he came out to Pinal, he switched over and he was able to partner with the Pinal County Master Gardner program and now the Pinal County Master Gardeners can receive credits for their volunteer hours. Mr. Kurtz thanked their sponsors and announced they will hold an event for Halloween and Christmas this year. They are also maintaining the seed bank that is over at the Library and will hold a seed class July 9, 2022. Mr. Bravo acknowledged the Apache Junction Little League and softball league presented a thank you plaque to the city for all its support. The Candidate Forum will be held Monday, June 27, 2022 at 6:00pm at the City Council Chambers. This event is hosted by the Apache Junction Chamber of Commerce. Mr. Bravo introduced Braden Biggs, Chairman of the AJ Founders Day Centennial Committee. The committee received generous contributions totaling $50,766.23; the committee spent $36,547.88, leaving $14,218.35 they would like to give back to the community. Mr. Biggs stated they will dedicate a monument sign, assist with some remaining events throughout the year and give out$10,000 to various organizations. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 14. 22-361 Discussion and consideration for approval of Fiscal Year 2022-2023 Health and Human Services funding contracts between the City of Apache Junction and the Superstition Community Food Bank in the amount of$30,000, the Boys and Girls Club of the Valley in the amount of$11,580, the Genesis City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 21,2022 Project in the amount of$22,800, A New Leaf in the amount of$5,760, Apache Junction Community Development Corporation in the amount of $6,260 and the Salvation Army in the amount of$3,600. Mayor Wilson stated staff would like to bring these back at the July 5th council meeting. Vice Mayor Rizzi moved,seconded by Councilmember Schroeder to continue the item to the July 5, 2022 council meeting. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 22-354 Executive Session at 6:00 P.M. for Tuesday, July 5th, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Vice Mayor Rizzi moved,seconded by Councilmember Nesser that an Executive Session at 6:00pm for Tuesday,July 5,2022 be held in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction Arizona and other meetings scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 M. CALL TO PUBLIC Donna Carr, 2178 W. Virginia St., Apache Junction, inquired about the Weekes Wash water project and whether some of that water could be captured for irrigation. Gregory Davis, 1524 E. Del Rio Drive, Tempe AZ, thanked the city council for their support and the support they received from the Parks and Recreation department of the Apache Junction Founders Day Committee. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council and all the good things the city is doing. He expressed his concerns over some city processes. He believes the fence erected across the street from him is not allowed. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 7:52 p.m. ACCEPTED THIS DAY OF 2022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2022. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 21,2022 WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2022. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 22-349 Sponsor: Pamela Harrison Agenda Date:7/5/2022 Index: In Control: City Council Meeting Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2021-2022 Fiscal Year. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 Library Board of Trustees Annual Report 2021 /22 �,11111 tk ,�1111,,,',,1111111........... sLIBRARIES plant seeds t1at FOREVER Ail, 1}��� t 3 t5t SCtkk f'{#('2�}�¢1`n {2 'v�J�3'G Pi�S{t,.� ,�•'(�4� ° .�• $� fy ., .. `att�htt J,J z ) t T sa{fltrz �.Jztt a<` "� ntJ?nt,tr{$£t £.` ��`''t „�ita`��zt}{,£ is}•r z t tr.r 4Ht fz4t tfll(' ttk tr .; v?� � a t J b4 ttt � { 2t£t{i rr t4 �t`.. t S��?✓i� .. I t n� ' t��$4}s+rJit rt�}iSi#rfi$ttSik t st;;' 7 t Y si 7 t tsi�t tt3 Ttnss{Sf����r{jii 7ratrtfl{}zJ£S�f4 tft j�t?�J3r��; tj j t<" i; It's been an exciting year in Apache Junction! 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N New registrations3,994 7,7Y i #16 174,106 F`}#tf 1tj`'}{y.;£A{SJli2 t!}5Y1S+��"{fii{k#£I P} iSh"dS ir+3S 35}yE{}i{r1t#£ }tl, hyst ti to 102,135 tf t,tjt{#s't#{t4£}t 3£Y t3?#£=t Sj?ljt£jr1 t${rtt{f of ttsty£}£s Items added to collection9,794 3`. } .....,,,".., ...�. ;�i1Circulation 311,873 r r �..�,�.... £ E-Content Circulation 1 , 51 4i � 1 � ' Programs a.,. , asr, _._..,....,.._ ....................._......,.w... _......,_......:_.w,..»..�,........:... {'£��St � pit t £a.t� �#£ 7f £ 1 �£ )u Attendance t Programs , ¢S. Adult ,�..„ #p" 'yy/{;r�#t{i#x�i})jS}�#t�#�2r�f}�ttik .:. m $3. Attendance at Pro r3,683 Outreach 4,919 Computer Sessions .,.,.��I_..�,....�..�.5 i t � br}f���14j��tc ?•9{£� { i 1 7t 3#y��{'i i�j.t?ti £ F Use 11,800 £tiff,, _ Volunteer t + o 5,491 � Za�3deuro#s*�p��r�nsp�+rip�teinarssrsns�ts�t {y�eYCBf9sls$ dkticisl= t yi�sJ jttd iRti(r; e £ its {t br ry Board of"trustees Annual Report Statistics-2021 t2022) �S• t t t i q' Pji'jj} LIBRARYCfTY OF APACHEJUNCTION PUBLIC FLscal Year: STATEMENTOF PROPERTY Location: Idaho Road Apache Jib moil,AZ 85119' The building reWes on the Apache fi3ri Municipal Goverrimentacre complex Legal ion:: W 1/2 SW 1/4 of Section 16 Township Gila and Salt River Base and Arizona. Money: Recehied where ,how used iind expended. See tile attached financial statement CITY OF APACHE JUNCTION PUBLIC LIBRARY FINANCIAL STATEMENT Fiscal Year 2021-2022 RECEIPTS(As of May 31,2022) GENERAL FUND Library Fines $ 394 Charge for Services 1S1033 OtherRevenues 153 TOTAL GENERAL FUND 15,579 DEVELOPMEN"r FEE FUND 263,597 LIBRARY FUND 51,822 GRANTS -119-TRUST 331,572 TOTAL RECEIPTS 662,570 EXPENDITURES(As of May 31, 2022) GENERAL FUND Personnel Costs $ 1,239,403 Commodities 220,379 Capital Equipment Outlay 20,865 TOTAL GENERAL FUND $ 1,480,647 DEVELOPMENT FEE FUND 8,415 LIBRARY FUND 29,798 GRANTS-IN - TRUST 314,009 DEBT SERVICE 11,796 TOTAL EXPENDITURES $ 1,944,665 1, Lori Wine, Secretary of the Librat) oard of Trustees, do hereby verify that the above financial statement for the Apache Junction Public Library represents a true and accurate record of all receipts and disbursements for the fiscal year 2021-2022"A's of Ma ,�1',-ZP22, 'N Signature Subscribed and sworn to before me this of Donna R S1,11111 S 6 N ONA Notary Pub0c- I PINAL COUNTY Comtnis�ion No,624193 County My Commission Expires. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-361 Sponsor:Jennifer Pena Agenda Date:7/5/2022 Index: In Control: City Council Meeting Discussion and consideration for approval of Fiscal Year 2022-2023 Health and Human Services funding contracts between the City of Apache Junction and the Superstition Community Food Bank in the amount of$30,000, the Boys and Girls Club of the Valley in the amount of$11,580, the Genesis Project in the amount of$22,800, A New Leaf in the amount of $5,760, Apache Junction Community Development Corporation in the amount of$6,260 and the Salvation Army in the amount of$3,600. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND A NEW LEAF FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2022-2023 THIS AGREEMENT is made and entered into this day of . 2022 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and A NEW LEAF, 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: Ma or Council and A ointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2022-2023. C. The Commission has submitted its recommendations to the city council. D. n June 20, 2022, the city council passed and adopted the 2022-2023 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Re guests for Non-Profit Fundin , subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 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 Fundin , subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 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, Re guests for Non-Profit Fundin , subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES:µ Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents the following: 1. Basic human needs through food distribution 2. Counseling Services for domestic violence victims 3. Create safety plans with clients 4. Various support services for domestic violence victims 5. Provide general and legal advocacy services 6. Provide resources of other support services and community resources B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and A ointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quality reports; designate 2 one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Re uests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 3 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$5,760 for fiscal year 2022-2023 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,440. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2022-2023 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor• Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2022, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. 4 Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Michael Hughes, Agency Director A New Leaf 868 E. University Dr. 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 perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2)years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. 5 Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE RE UIRED: 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. 6 Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents,and shall supersede any inconsistent provision therein; provided, however,that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST:This Agreement is subjectto,and may be terminated by City in accordance with, the provisions of A.R.S. §38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage 7 in any partisan political activity or form of lobbying, of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said political candidate activities,they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office.Therefore, all board members,officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW.As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 8 =.=,si,.Vra,1F,4t(i'ft H.ti^�"awrvsu�k4axw,xx7i1Fix.3,s3"rb"'f+., x `" , +J rbkas!ums'tila"th,"=t;u,�ui wsslw�k,ectSyA�vU,ht,.a�ss�fsa`ax#avw�i�wtt�,k5sx:.:aatU,025 26. PROHIBITION TO'CONTRACT WITH SERVICES PROVIDER WHQ MAO IN aOYCOTT OF THE STATE OF ISRAK The Parties acknowledge A.R.S. §§ 36-393 through 36-393.03,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. 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. $gBVICES PROVIDER: A NEW LEAF,a 501(c)3 non-profit organization BY: Print e l`f; Title:' s CI F APAC J Ti== ,fin_rizna ulipi cor oration 11 , BY:Walter"Chip"Wilson Mayor ATTEST: J EN N IF PE City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney STATE OF AIONA ) ss. COUNTY OF PIAL ) The foregoing was subscribed-and sworn to before me this Aq day of 2 by ' 1 j- ffi as -of A New Leaf,a 601(c)3 non-profit orga zation. My Commission Ilo Expires: ry Put 1A W+ CAU arine A DycevsM OA 140TARY PUBLIC-ARIyONA M/A+yR�ICQj'yA NT toA.�4•.•� COMM it V My Comrte.ExM es June 16.2023 S_VTE OF A ZONA ss. COUNTY OF PINAL The foregoing was subscribed and sworn to before me this 'day of ,by Chip Wilson,as Mayor of the City of Apache Junction, Arizona,an Arizona municipal corporation. NotaryPublic My Commission Expires: 10 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS 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: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and 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 finds. (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 Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this 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 fitnding. 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. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) 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; 1 (B) 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; (C) 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 (D) 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) 2 EXHIBIT B � t a Health and Human Services FY 2022-2023 Funding` EXHIBIT B REPORTING REQUIREMENTS AJ P,ERFORMANCE REPORT/SCHEDULE OF COMPLETION Page 1 of 1 n nt A New Leaf Dateo HHSCFY22123 Contract Period(July 1,2022 to June 30,2023 Quarter No: ty InterventionServices ss 868 E University Dr„ Mesa,AZ 81203 Non-profit al Michael Hughes Fax ne Email Contact Person=2 Phonel Email Zlp Code pity Staff Jennifer Pena Email a a che'tta (omz v County Pmal Indicate adherence to contractor schedule changes.Due by the 19th of each quarter for the proceeding quarter's activities. Scope of Work(SOW)Agreement Schedule Contract Date Complete Yes No Modification Date Please provide a brief description of activities performed this three month period. Include occurrences that caused variation from schedule changes to plans,unforeseen circumstances,etc.Please be specific.Finally,answer questions at narrative five section A.,B,,Co&D, Quarterly Narrative: A.-of certicates of completion B travel and curriculum receipts C-of tramings held D-ofatiendees E-of agency artners attending Insert Contact Person Name,electronacsignature Recipient AuthortzedSignatuse aite ITitle AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2022-2023 THIS AGREEMENT is made and entered into this day of , 2022 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, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2022-2023. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2022, the city council passed and adopted the 2022-2023 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Fundin , subsection (C)(1), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Re guests for Non-Profit Fundin , subsection (C)(2), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with clean-up of property under code compliance violations, assist with various revitalization projects, assist with Make a Difference Day, an annual event in coordination with the AJ Parks & Recreation department and partner with Master Gardeners Association to revitalize Botanical Walk at Silly Mountain. B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15u day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone 2 numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto (See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor. Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: 3 A. A total of$6,260 for fiscal year 2022-2023 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,565. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2022-2023 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council andAp1joLinted Boards and Commissions, Article 2-14: Re guests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2022, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 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 4 requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Dave Waldron, Chairman AJ CDC 300 E. Superstition Blvd. Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services setforth 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 oasis 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. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 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. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents,and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 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 7 soliciting any contributions in cash or services from anyone to support any candidate for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW.As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 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. 8 IN WITNESSparties v s is Agreement to be signed by their duly authorizedr y and year first above written. aERVICES CORPORATION,APACHE JUNCTION COMMUNITY DEVELOPEMNT O non-profit organization r t Title: ArizonaCITY OF APACHE JUNCTION, an municipal corporation WalteriWilson Mayor JENNIFER City Clerk HARD J. STERN APPROVED AS TO FORM: STATE OF i ) ) s. COUNTY OF PINAL The foregoing s subscribed sworn fore me this 2-61 day of JUVif- , aft/d yGiyt l?I'S � che Junction i lopment Corporation, a 501(c)3 non-profit or ni . organization. My Commission it ;. Donna F.Scru s Notary ta Public-A l t ..b PINAL CO COMMIsslon No.624193 MY Commission Expires 0 3P2026 ) ssSTATE OF ARIZONA COUNTY OF PINAL The foregoing cri before this ' -.day , t -1, by Chipi i Junction, ®Arizona, ri municipal r i . PublicNotary My iss; Expires: 1 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS 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: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and 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 Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this 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 finding. 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. (Ord. 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) 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; 1 (B) 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; (C) 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 (D) 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) 2 EXHIBIT B Health and Human Services FY 2022-2023 Funding �� _ EXHIBIT B REPORTING REQUIREMENTS AJ PERFORMANCE REPORT/SCHEDULE OF COMPLETION Page t of t Recipient Community,Development Corporation Fete Contract NofFile No FIFISC FY 22/23 Contract Period,July 1,2022 to June 30,2023: Quarter No: Artcvtty To enhance the phys'cil image of Apache Junction Recipient Address 300 E Superstition Blvd,Apache Junction 8M 19 Non-profit Contact Person#1 Rive Waldron Fax Phone [mail Contact Peron R2 --mon"ej ep Code City qf"ffilennifer Pena rmall ewsCrlat chegu tsttr az v County P,nal Indicate adherence to contractor schedule changes.Due by the 19th of each quarter for the proceeding quarter's activities. Scope of Work(SOW)Agreement Schedule Contract Date Completo Yes/No Modification Dah Please provide a brief description of activities performed this three month period. In occurrences that caused variation from schedule changes to plans,unforeseen circumstances,etc.Please be specific.finally,answerquestions at narrative section A.,11.,C.&D. Quarterly Narrative: A.r of certicates of completion B.trawl and curriculum recespts C.=of training:;held D.«ofattenci s F"ofagenc iartnersattending Insert Contact Person Name electronicslgpaature Recipient Authorized Signature Rate Title AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE BOYS AND GIRLS CLUB OF THE VALLEY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2022-2023 THIS AGREEMENT is made and entered into this day of , 2022 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and THE BOYS AND GIRLS CLUB OF THE VALLEY, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2022-2023. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2022, the city council passed and adopted the 2022-2023 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to AA.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), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents with youth programs such as Academic Success through the Power Hour program, Leadership and Character building through Torch & Keystone Club which provides mentors, EBP and youth development, and Healthy Lifestyle choices through physical fitness and health education along with nutrition education. These programs will be supported by this funding for a Part-time Youth Development Specialist and a Full-time Program Branch Director. B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the 2 Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto(See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. 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 City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. 1. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor. Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: 3 A. A total of$11,580 for fiscal year 2022-2023 for SOW performance. B. Compensation shall be in equal quarterly payments of$2,895. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2022-2023 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2022, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall 4 be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Emily Denes, Project Manager Boys and Girls Club of The Valley 4309 E. Belleview St, Bldg. 1 Phoenix, AZ 85008 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services setforth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2)years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 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. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 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. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire Agreement between City and Services Provider and supersede all prior negotiations, representations, or Agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents,and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS_ OF_ INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 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 7 for public office. The above prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW.As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME F 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. 8 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 orga izati By: rint Name. Title: CITY: CITY OF APACHE JUNCTION,an Arizona municipal corporation y:Walter"ChiWilson Mayor ATTEST: JENNIFER City Clerk APPROVED AS TO FORM: ze5_ 6-Z-9 -Z?_ RICHARD J. STERN City Attorney STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this_Z_day of 2`v , 20_ , by as,� of The Boys and Girls Club of The Valley,a 501(c)3 non-profit organization. 9 0do rrrr a +e y +ate 1 a Notary My Commission Expires: g/l 17,3 STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of, 2 , by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 EXHIBIT A Apache Junction City Code 06-10-201 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS 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: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and 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 Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this 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. (Ord. 659, passed 11-3-1998) FJ§ 2-14-2 REQUESTS FOR FIIANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions; (A) 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; 1 (B) 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; (C) 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 (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) EXHIBIT B f �I Health and Human Services FY2022-2023 Funding EXHIBIT B REPORTING REQUIREMENTS AJ PERFORMANCE REPORT/SCHEDULE OF COMPLETION 1'ag of of I Recipient Boys and Girls Club of the Valley Date Contract NoJFile No.HHSC FY22l23 Contract Period:Julys,2022 to June 30,2023+ Qatnrter No: Activity To educate and empower the youth to retch their full potential Recipient Address 4109 E Bellevaen,St Bldg 14,Phoenix AZ 85008 Aeon-profit Contact Person 3I Emily Denes Fax Phone Email Contact Person*2 Phone Email Zap Code City Staff Jennifer Pena Email o" cl I"UnCtlorktZ County I'mal Indicate adherence to contract or schedule changes,Due by the 19th of each quarter for the preceeding quarter's activities. Scope of Work(SOW)Agreement Schedule t Contract Date I Complete Yes,Wo Modification Elate Please provide a brief description of activities performed this three month period. Include occurrences that caused variation from schedule changes to plans,unforeseen circumstances,etc.Please be specific.Finally,ainsvaer questions at narrative section A.,B.,C.&D, Q ua rte rly Na rra tive; A.»of certacates of completion B.travel and curriculum receipts C.A of trainings held D.r of attendees E ;of:ag$ency mriners attending Insert Contact Person Name`electronicfignature RecipaentAuthorxedSlgnateire Cate 7itfle AGREEMENT BETWEEN CITYF APACHE JUNCTION THE SUPERSTITION I FOOD BANK FOR HEALTH SERVICES FOR FISCAL YEAR 2022-2023 THIS AGREEMENT is made and entered into is day of . 2022 by and between the CITY OF APACHE JUNCTION, I Arizona municipal corporation ("City"), and THE SUPERSTITION IT , a 51 (c) 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, (" .J. . .") Volume I, Chapter Mayor, Council, and Appointed Boards and Commission, Article -11: Health and Human Services Commission, and Article -1 eguests for Financial Assistance, (See Exhibit ), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentallydisabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding s submitted y health and human services providers for fiscal year - . C. The Commission has submitted its recommendations to the city council. D. On June 20, 2022, the city council passed and adopted the - 3 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to .J. . ., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article -1 : Re guests for Financial Assistance, § 2-14-1, Reguests for on-Profit Funding, subsection (C)(1), (See Exhibit ) all city funds allocated or granted to any non-profit agency shall be by means of 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 .J. . ., Vol. 1, ChapterMayor,_Council and Appointed Boards and Commissions, Article -14: Reguests for Financial Assistance, subsection -1 -1, Reguests for Non-Profit Funding, subsection ( )( ), (See Exhibit ), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance with food needs throughout the year. B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. 1, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance,, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October I thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April I thru June 30 E. Submit to City typed or computer-generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall e 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 ). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-1 : Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023- 024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at e Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-1 : Requests for Financial Assistance, (See Exhibit ), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 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$30,000 for fiscal year 2022-2023 for SOW performance. B. Compensation shall be in equal quarterly payments of$7,500. No quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided 3 satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § I (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2022-2023 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: Re guests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § I (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2022, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and bestjudgment 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Lynn Hanson, Board President Superstition Community Food Bank 75 N Idaho Rd., Ste 71 Apache Junction, AZ 8119 . TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (1 ) 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. . SUBCONTRACTORS: Services Provider shall perform all services setforth In the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two O 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 i , 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. WAIVERF 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 6 or to exercise any right or privilege contained herein shall not be considered as thereafter ivin such terms, conditions, rights r privileges, and they shall remain in full force and effect. 1 . 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 beemployees or agents of City, and City shall have no obligation to pay or withholds to or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLEL : 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 equityrot by either Party for the purpose o enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIPS: All files, reports, documents, information, and dataprepared 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 ( ) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to performthe work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doingbusiness 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. ASSIGNMENTL TI : This Agreement has been entered into based upon the reputation, expertise, and qualifications of Services Provider. Neither Party o this Agreement shall assign its rights r 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. SVAILI e City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 3 -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. 7 23. COMPLIANCE IT FEDERAL AND STATE S: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 196 and the Drug Free Workplace Act of 19 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. § 23-21 ( ). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the -Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of 100 per day for the first violation, 500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§274A and 274B of the federal Immigration and Nationality Act and the -Verify requirements contained in A.R.S. § 23-21 (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 e 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 F 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 I YC OF THE STATE F ISL: 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. IN WITNESS WHEREOF, the parties have caused thisAgreement be signed by it duly authorized representative s of the day and year first above written. SERVICESPROVIDER: THE SUPERSTITION COMMUNITY , a 1(c)3 n-profit organization By: Print a 74 iiqA-0-iola Title: CITY: CITY OF APACHE JUNCTION, Arizona municipal corporation ® Walter i it Mayor City Clerk APPROVED AS TO FORM: kiC—HARD J. STERN City Attorney STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoi n=sworni SUPERSTF� c t �,Lam. ,►2cc I 1 non-profit organization. Notary Public y Commission Expires: Heather M Knoblauch Notary Public 4 ARIZONA ' Pl AL COUNTY Commission No.610909 y Commission Expires 07/1 /25 STATEI ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day o , Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. PublicNotary My Commission it 10 EXHIBIT Apache Junction City Code 06-10- I L -14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS 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: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and 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) Conti-act required;procedure for distribution offunds. (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 Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this 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 fiinding. 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 of 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. (Ord. 659, passed 11-3-1998) 1,J§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) 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, A-rizona 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 goverrimental or quasi-governmental jurisdictions; 1 (B) All requests shall be submitted to the City Clerk during the of of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) 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 (D) 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) 2 EXHIBIT Health and Human Services FY 2022-2023 Funding mom'" 'z. EXHIBIT B REPORTING REQUIREMENTS AJ PERFORMANCE REPORT/SCHEDULE OF REPORT/SC COMPLETION Page 1 of I /A tr" u '�a'apient Superstition Food Bank Date Contract ND, de No HPISC FY 22123 Contract Period:July 1,2022 to June 30,2023 .,,ter No Activity Provide F Boxes mm—RecbpientAddress575 II daho _d,Suite701, AI a_c___uncaom..... 51x _ __ Nan-praft Person Al Lynn, FaY Phone Tut-714 70 Emnti 1 a-n ratrrr oom oMast Person 92 ._ Phone Ernail mmmmm Zap Cade City Gaff Jennifer Pena Email 2EM&02ta uu tto Caunty Pamal Indicate adherence to contract or schedule changes.Due by the 14th of each quarter for the preceedingquatier's activities.. m _ _......_......_. ___........_._........._ _.. _ __ ._._._ _ . ..............._ Statement of Work(SOW)Agreement Schedule Contract Date Complete Yes+'No Modification Date Please provide a brief description of activities Performed this three month period. Include occurrences that caused variation from schedule changes to plans„unforeseen circumstances,etc.Please be specific.Finally,answer questions at narrative section A.,B.,C.&D. Quarterly Narrative: A a of erimmesof coreapkenon D.trarvO and cmnculurn receipts C.-of tr,amingxs hod 11;of;atlendees fw ufcatcnsy ,a;rtnersatden, nl inserd Csaniio Person Naarne,rlec8raou:sip a6Ure Rec7 ¢a'7ItAuthoriaedSignaturc __.__rbfe. Palle AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GENESIS PROJECT FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2022-2023 THIS AGREEMENT is made and entered into this day of , 2022 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and GENESIS PROJECT, a 501 (c) 3 non-profit organization, ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, (See Exhibit A), the City may provide financial assistance to non- profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2022-2023. C. The Commission has submitted its recommendations to the city council. D. On June 20, 2022, the city council passed and adopted the 2022-2023 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A) all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program")for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this Agreement. 1 G. Pursuant to A.J.C.C., Vol. 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), (See Exhibit A), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents assistance through a resource center, food, heat relief, clothing, hygiene items and hydration to individuals experiencing homelessness. B. Provide such programs and activities to residents of the city. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), and all other applicable city ordinances; submit contract proposal for fiscal year 2023-2024 to City on or before January 31, 2023. D. File with City all documentation for the previous quarter no later than the 15th day following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 thru September 30 Quarter 2: October 1 thru December 31 Quarter 3: January 1 thru March 31 Quarter 4: April 1 thru June 30 E. Submit to City typed or computer-generated quality reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this Agreement. Changes to the primary or secondary person(s) shall be reported in writing to the Commission staff 2 liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements shall be noted in the format attached hereto(See Exhibit B). G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or this Agreement, shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2023-2024. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this Agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the Term of this Agreement. Services Provider shall also be represented at the Apache Junction Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Services Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of this Agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this Agreement in order to avoid processing errors. 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$22,800 for fiscal year 2022-2023 for SOW performance. B. Compensation shall be in equal quarterly payments of$5,700. No 3 quarterly payment shall be released until Services Provider has provided all the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this Agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2022-2023 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, (See Exhibit A), or the terms of their respective Agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date, and location to be scheduled by the staff liaison to the Commission in order to review terms and reporting requirements of this Agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2022, through June 30, 2023. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and 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: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Trinity Cole, Agency Director Genesis Project 564 N. Idaho Rd., Ste 5 Apache Junction, AZ 85120 8. TERMINATION: This Agreement may be terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Services Provider shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2)years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability, including but not limited to, demands, claims, actions,fees, costs and expenses, including attorney and expert witness fees, arising from or connected or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Services Provider, its agents, and employees. Services Provider's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall 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 5 or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights, or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All files, reports, documents, information, and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 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 6 oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents,and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, of any kind or to solicit any 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. 7 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the SOW.As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Services Provider is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establishes compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior Agreement and must contain the required information as set forth in the prior Agreement. 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. 8 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. 298YI-0.6 PRO ,E ° GENESIS PROJECT,a 501(c)3 non-profit organization By: Print Name:` Title: CITY OF APACHE JUNCTION,an Arizona municipal corporation y:Walter"Chip"Wilson Mayor ATTEST: JE IF City Clerk APPROVED AS TO FOR RICHARD J.'STERN City'Attorney STATE F ARIO ` } )85. COUNTY OF PINAL } ' h e reoln was subscribed and sworn before me 'Is__12�jay of v, 20_01a,by :S®an E. W ISon _as of Genesis Project,a 501(c)3 non-profit organization. 9 My CommissionExpires: y 00 ROAS 01— MAIMN ROORIGUE2 Notary Puhlk•AF M PUMI Cowt Conuaelssbn d2 ' My Cwnsa ExpiM M 2025 STATE OF ARIZONA ) )ss. COUNTY OF AL ) The foregoing was subscribed and sworn to before me this day 2 ._ - ,by Chip Wilson,as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public y CommissionExpires: 10 EXHIBIT A Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS 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: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and 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 fiends. (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 Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this 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. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) 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; 1 (B) 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; (C) 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 (D) 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) 2 EXHIBIT B Health and Human Services FY 2022-2023 Funding EXHIBIT B REPORTING REQUIREMENTS J RO NCE REPORT/SC F COMPLETION Page 1 of 1 Recipient Genesis Project Date Contract NojFile No HSC FY 2022-2023 Contract Period:July1,2022 to',June 30,2023 Quarter No Activity Provide community programs and support Recipient Address 564 N Idaho Rd,Suite 5, Apache Junction,AZ 85119 Non-profit Contact Person-t1 Trinity Cole Fax Phone 480-371-9117 Email 1�"In1ty uta&Ed I7 W c m Contact Person r2 :Phone Email Zap Code C'ty Staff Jennifer Pena Email a(dritsal astlsca i County Pinal Indicate adherence to contract or schedule changes.Due by the 19th of each quarter for the preceeding quarter's activities. Statement of Work(SOW)Agreement Schedule Contract Date Complete YeslNo Modification Date Please provide a brief description of activities performed this three month period. Include occurrences that caused variation from schedule changes to plans,unforeseen circumstances,etc.Please be specific.Finally,answer questions at narrative section A.,B.,C.&D. Quarterly Narrative: A =of certicaterr of completion B:travel and curriculum receipts C-of training,;held D r of attendees E.-of agency partners attending Insert Contact Person Name•electronicsigrnature Recipient Authorized Signature Date ITitle City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-396 Sponsor: Liz Langenbach Agenda Date:7/5/2022 Index: In Control: City Council Meeting Presentation of proclamation declaring the month of July, "Parks and Recreation Month." City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 r Vroclamation DESIGNATION OF JULY AS PARKS & RECREATION MONTH July 2022 WHEREAS; our parks, trails and recreation programs are vitally important to establishing and maintaining the quality of life in our city, ensuring the health of all citizens, and creating stronger, more vibrant and resilient communities; and WHEREAS; parks, trails and recreation programs increase a community's economic prosperity, increase tourism, aid in the attraction and retention of businesses, and helps reduce crime; and WHEREAS; parks, trails and recreation programs are fundamental to the environmental and social well-being of our community; and WHEREAS; the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS; Apache Junction recognizes the benefits derived from parks, trails and recreation NOW, THEREFORE, I, Walter "Chip" Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim July 2022 as "PARKS AND RECREATION MONTH" in the City of Apache Junction, Arizona. Signed and attested to this day of , 2022. WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-391 Sponsor: Bryant Powell Agenda Date:7/5/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-390 Sponsor:Al Bravo Agenda Date:7/5/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-367 Sponsor: Kelsey Schattnik Agenda Date:7/5/2022 Index: In Control: City Council Meeting Presentation, discussion and public hearing on Resolution 22-02, declaring as a public record that certain document filed with the city clerk entitled "2022 Apache Junction City Code, Vol. 11, Land Development Code, Chapter 7: Development Fees." City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 RESOLUTION NO. 22-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2022 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 7 : DEVELOPMENT FEES" . WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy are accessible on the city' s website and are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes or public record include regulatory codes such as development fees; and WHEREAS, it is the intent of the City to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : That certain document entitled "2022 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 7 : Development Fees", at least three paper copies or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk which document is declared to be a public record of the City of Apache Junction, Arizona, is also hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF F 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . RESOLUTION NO. 22-02 PAGE 1 OF 2 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 22-02 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-369 Sponsor: Kelsey Schattnik Agenda Date:7/5/2022 Index: In Control: City Council Meeting Presentation, discussion and public hearing on Ordinance No. 1521, amending the Apache Junction City Code, Vol. 11, Land Development Code, by repealing Chapter 7: Development Fees in its entirety; and adopting by reference a new Chapter 7: Development Fees; establishing an effective date and revolving sixty month review period; repealing any conflicting provisions; and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 ORDINANCE NO. 1521 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, BY REPEALING CHAPTER 7 : DEVELOPMENT FEES IN ITS ENTIRETY; AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2022 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 7 : DEVELOPMENT FEES"; ESTABLISHING AN EFFECTIVE DATE AND A REVOLVING SIXTY MONTH REVIEW PERIOD; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, municipalities in Arizona have authority to impose development fees under Arizona Revised Statutes § 9-463 . 05; and WHEREAS, the imposition of development fees is one of the preferred and most direct methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate new development; and WHEREAS, the City originally adopted development fees for roads, police, parks, and library and municipal building facilities in December 1996, amended them in February 1998, August 2002, November 2005, March 2007, May 2014, and August 2019; and WHEREAS, the legislature and homebuilder industry lobbyists have over the years amended A.R. S . § 9-463 . 05 so that it is increasingly more and more difficult for cities and towns to adopt basic development fees; and WHEREAS, on January 18, 2022, TischlerBise presented a draft of the proposed IIP, LUAs, and development fee report to the mayor and city council at a work session; and WHEREAS, on February 3, 2022, the City timely released to the public and posted on its website a written report of the anticipated April 5, 2022 IIP, LUAs, and development fee report public hearing; and WHEREAS, the mandated 60 day public comment period on the IIP, LUAs, and development fee report for the public was February 4, 2022 through April 5, 2022; and ORDINANCE NO. 1521 PAGE 1 of 4 WHEREAS, on April 5, 2022, the city council held the public hearing on the proposed IIP, LUAs, and development fee report; and WHEREAS, the second mandated 30 day public comment period for the IIP, LUAs, and development fee report was April 13, 2022 through May 15, 2022; and WHEREAS, on May 17, 2022, the city council held the public hearing on the proposed IIP, LUAs and development fee report, and adopted the development fee report by Resolution No . 22-01; and WHEREAS, on May 18, 2022, the City timely released to the public and posted on its website a notice of intention to assess development fees, proposed new development fees and notice of public hearing scheduled for July 5, 2022, and notice of the scheduled August 16, 2022 public hearing and adoption on the proposed Vol . II, Chapter 7 : Development Fees, city code amendments; and WHEREAS, on July 5, 2022, the city council held a public hearing on the proposed Chapter 7 : Development Fees code amendments and development fee report; and WHEREAS, the mandated 30 day public comment period for the development fee amendments was July 6, 2022 through August 4, 2022; and WHEREAS, if adopted by the council, there is a mandated delayed effective date of at least 75 days from date of adoption; and WHEREAS, the amended fees, if adopted on August 16, 2022, will be effective on October 31, 2022 as per A.R. S . § 9- 463 . 05 (C) ; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies or one paper copy and one electronic copy are accessible on the city' s website and are filed in the office of the city clerk of the municipality and are made available for public use and inspection; and ORDINANCE NO. 1521 PAGE 2 of 4 WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to development fees; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the current development fees by repealing Apache Junction City Code, Volume II, Land Development Code, Chapter 7 : Development Fees, in its entirety, and replacing it with an updated version. THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AS FOLLOWS : SECTION I IN GENERAL A) Existing "Apache Junction City Code, Volume II, Land Development Code, Chapter 7 : Development Fees", is hereby repealed. B) That certain document entitled "2022 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 7 : Development Fees", at least three paper copies or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk which document was made a public record by Resolution No . 22-02 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II ESTABLISHING AN EFFECTIVE DATE AND SIXTY MONTH REVIEW PERIOD Pursuant to A.R. S . § 9-463 . 05, the provisions of this ordinance are effective October 31, 2022 . Before the end of a sixty month review period after the effective date, staff shall reconsider the fees and provide a recommendation to council in compliance with A.R. S . § 9-463 . 05, as amended, for any fee changes . SECTION III REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1521 PAGE 3 of 4 SECTION IV PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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 f 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1521 PAGE 4 of 4 Assumptions,Land Use Infrastructure Improvements Plan, and Development Fee Report Prepared for: ArizonaApache Junction, August 16, 2022 TischlerBise FISCAL I ECONOMIC ( PLANNING 4701 Sangamore Road Suite S240 Bethesda, MD 20816 301.320.6900 www.TischlerBise.com Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona [PAGE INTENTIONALLY LEFT BLANK] TischlerBise FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona TABLE OF CONTENTS EXECUTIVESUMMARY................................................................................................................................1 ARIZONA DEVELOPMENT FEE ENABLING LEGISLATION........................................................................1 NecessaryPublic Services.........................................................................................................................................................1 Infrastructure Improvements Plan.......................................................................................................................................2 QualifiedProfessionals..............................................................................................................................................................2 Conceptual Development Fee Calculation.........................................................................................................................3 Evaluationof Credits/Offsets..................................................................................................................................................3 INTRODUCTION TO DEVELOPMENT FEES...............................................................................................3 REQUIREDFINDINGS..............................................................................................................................4 DEVELOPMENTFEE REPORT......................................................................................................................S DEVELOPMENT FEE COMPONENTS.........................................................................................................6 PROPOSED DEVELOPMENT FEES............................................................................................................7 CURRENT DEVELOPMENT FEES..............................................................................................................8 DIFFERENCE BETWEEN PROPOSED AND CURRENT DEVELOPMENT FEES.............................................8 LIBRARYFACILITIES...................................................................................................................................9 METHODOLOGY......................................................................................................................................9 PROPORTIONATE SHARE........................................................................................................................9 SERVICEAREA..................................................................................................................................... 10 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT............................................................................. 11 ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES.................................... 11 Library Facilities-Incremental Expansion....................................................................................................................12 Development Fee Report-Plan-Based.............................................................................................................................14 PROJECTED DEMAND FOR SERVICES AND COSTS................................................................................ 14 Library Facilities-Incremental Expansion....................................................................................................................15 LIBRARY FACILITIES DEVELOPMENT FEES......................................................................................... 16 RevenueCredit/Offset..............................................................................................................................................................16 Library Facilities Development Fees.................................................................................................................................A6 LIBRARY FACILITIES DEVELOPMENT FEE REVENUE........................................................................... 17 PARKS AND RECREATIONAL FACILITIES IIP........................................................................................... 18 ProportionateShare..................................................................................................................................................................18 ServiceArea..................................................................................................................................................................................19 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT............................................................................. 20 ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES.................................... 20 ParkAmenities-Incremental Expansion........................................................................................................................21 Trails-Plan-Based....................................................................................................................................................................23 Development Fee Report-Plan-Based.............................................................................................................................24 PROJECTED DEMAND FOR SERVICES AND COSTS................................................................................ 24 Park Amenities-Incremental Expansion........................................................................................................................25 Trails-Incremental Expansion...........................................................................................................................................26 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES........................................................... 27 RevenueCredit/Offset..............................................................................................................................................................27 Parks and Recreational Facilities Development Fees.................................................................................................27 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE REVENUE............................................ 28 i FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona POLICEFACILITIES IIP............................................................................................................................ 29 ProportionateShare..................................................................................................................................................................30 ServiceArea..................................................................................................................................................................................31 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT............................................................................. 32 ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES.................................... 32 PoliceFacilities-Plan-Based................................................................................................................................................33 Police Vehicles-Incremental Expansion.........................................................................................................................34 Communication Equipment-Incremental Expansion..............................................................................................35 Development Fee Report-Plan-Based.............................................................................................................................36 PROJECTED DEMAND FOR SERVICES AND COSTS................................................................................ 36 PoliceFacilities-Plan-Based................................................................................................................................................37 Police Vehicles-Incremental Expansion.........................................................................................................................38 Communication Equipment-Incremental Expansion..............................................................................................39 POLICE FACILITIES DEVELOPMENT FEES............................................................................................40 RevenueCredit/Offset..............................................................................................................................................................40 Police Facilities Development Fees.....................................................................................................................................40 POLICE FACILITIES DEVELOPMENT FEE REVENUE .............................................................................41 STREETFACILITIES UP............................................................................................................................42 ProportionateShare..................................................................................................................................................................42 ServiceArea..................................................................................................................................................................................43 RATIO OF SERVICE UNIT TO DEVELOPMENT UNIT.............................................................................44 Residential Trip Generation Rates......................................................................................................................................44 Nonresidential Trip Generation Rates..............................................................................................................................45 TripRate Adjustments.............................................................................................................................................................46 CommuterTrip Adjustment.,................................................................................................................................................46 Adjustmentfor Pass-By Trips...............................................................................................................................................46 AverageWeekday Vehicle Trips..........................................................................................................................................47 NationalAverage Trip Length...............................................................................................................................................47 ExpectedVehicle Miles Traveled.........................................................................................................................................48 LocalAdjustment Factor.........................................................................................................................................................48 LocalTrip Lengths......................................................................................................................................................................49 LocalVehicle Miles Traveled.................................................................................................................................................49 ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES.................................... 50 Arterial Improvements-Incremental Expansion........................................................................................................51 Development Fee Report-Plan-Based.............................................................................................................................52 PROJECTED DEMAND FOR SERVICES AND COSTS................................................................................ 53 STREET FACILITIES DEVELOPMENT FEES........................................................................................... 54 RevenueCredit/Offset..............................................................................................................................................................54 Street Facilities Development Fees.....................................................................................................................................54 STREET FACILITIES DEVELOPMENT FEE REVENUE............................................................................. 55 APPENDIX A:FORECAST OF REVENUES OTHER THAN FEES................................................................... 56 REVENUE PROJECTIONS....................................................................................................................... 56 APPENDIX B:PROFESSIONAL SERVICES.................................................................................................. 57 APPENDIX C:LAND USE DEFINITIONS.................................................................................................... 58 RESIDENTIAL DEVELOPMENT.............................................................................................................. 58 NONRESIDENTIAL DEVELOPMENT....................................................................................................... 59 APPENDIX D:LAND USE ASSUMPTIONS.................................................................................................. 60 SUMMARY OF GROWTH INDICATORS.................................................................................................. 60 RESIDENTIAL DEVELOPMENT.............................................................................................................. 63 Recent Residential Construction.........................................................................................................................................63 ii FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona OccupancyFactors.....................................................................................................................................................................64 Residential8stnuates ............................................................................................................................................................65 ResidentialProjections...........................................................................................................................................................6S NONRESIDENTIAL DEVELOPMENT ~.~ ~..~~ ~..~..~..~.-~..~..~........~.~ ~..~~ ~..~..~..~..~ 67 Nonresidential Square Footage Estimates......................................................................................................................67 NonresidentialEstimates........................................................................................................................................................6O NonresidentialProjections....................................................................................................................................................68 AVERAGE WEEKDAY VEHICLE TRIPS.................................................................................................. 71 Residential Trip Generation Rates......................................................................................................................................7l Nonresidential Trip Generation Rates..............................................................................................................................72 Trip Rate Adjustments--_--_---_—_-----_--_---------------_--_---73 Commuter Trip Adjustment., 73 Adjustmentfor Pass-By Trips..............................................................................................................................................73 AverageWeekday Vehicle Trips..........................................................................................................................................74 DEVELOPMENT PROJECTIONS.,...-~...................,.........,....,....,.........,...~...~...~...............~.............,... 75 Outsideof Auction Property..................................................................................................................................................76 AuctionProperty......................................................................................................................................................................77 AverageWeekday Vehicle Trips.........................................................................................................................................78 APPENDKx E:STREET INVENTORY........................................................................................................... 79 Ti_s_c__h�1er_B`ise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona [PAGE INTENTIONALLY LEFT BLANK] iv I chlerBise FISCAL j ECONOMIC s PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona The City nf Apache Junction, Arizona, contracted with Tisch|er8ise to document land use assumptions, prepare the Infrastructure Improvements Plan (hereinafter referred to as the "||P"), and update development fees pursuant to Arizona Revised Statutes ("AR3") § 9'436.05 (hereafter referred to as the "Enabling Legislation"). Municipalities in Arizona may assess development fees tooffset infrastructure costs to a municipality for necessary public services. The development fees must be based on an Infrastructure improvements Plan and Land Use Assumptions.The IIP for each type of infrastructure is in the middle section of this document. The proposed development fees are displayed in the Development Fee Report in the next section. Development fees are one-time payments used to construct system improvements needed to accommodate new development. The fee represents future development's proportionate share of infrastructure costs. Development fees may be used for infrastructure improvements or debt service for growth related infrastructure. In contrast to general taxes, development fees may not be used for operations, maintenance, replacement, or correcting existing deficiencies. This update of Apache Junction's Infrastructure Improvements Plan and associated update to its development fees includes the following necessary public services: l. Library Facilities 2. Parks and Recreational Facilities 3. Police Facilities 4. Street Facilities This plan includes all necessary elements required to be in full compliance with S13 1525. ARIZONA DEVELOPMENT FEE ENABLING LEGISLATION The Enabling Legislation governs how development fees are calculated for municipalities inArizona. Necessary Public Services Under the requirements of the Enabling Legislation,development fees may only be used for construction, acquisition or expansion of public facilities that are necessary public services. "Necessary pub|iosorvioe" means any of the following categories of facilities that have a life expectancy of three or more years and that are owned and operated on behalf ofthe municipality: water, wastewater, storm water, library, street,fire, police,and parks and recreational.Additionally,a necessary public service includes any facility that was financed before June 1, 2011, and that meets the following requirements: 1. Development fees were pledged to repay debt service obligations related to the construction of the facility. 2. After August 1, 2014, any development fees collected are used solely for the payment of principal and interest on the portion of the bonds, notes, or other debt service obligations issued before June l, 2O11,to finance construction of the facility. 1 w .�1-����» u���e�r��w�� s e Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Infrastructure Improvements Plan Development fees must be calculated pursuant to an ||P. For each necessary public service that is the subject of a development fee, by law,the lip shall include the following seven elements: l. A description ofthe existing necessary public services in the service area and the costs to update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable. Z. An analysis of the total capacity,the level of current usage and commitments for usage of capacity of the existing necessary public services,which shall be prepared by qualified professionals licensed in this state, as applicable. 3. A description of all or the parts of the necessary public services or facility expansions and their costs necessitated by and attributable to development in the service area based unthe approved Land Use Assumptions, including a forecast of the costs ofinfrastructure, improvements, real property,financing, engineering and architectural services,which shall be prepared by qualified professionals licensed in this state, as applicable. 4. A table establishing the specific level or quantity of use, consumption,generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, and industrial. 5. The total number ofprojected service units necessitated by and attributable to new development in the service area based on the approved Land Use Assumptions and calculated pursuant to generally accepted engineering and planning criteria. 6. The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years. 7. A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue,federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved Land Use Assumptions and a plan to include these contributions in determining the extent of the burden imposed by the development. Qualified Professionals The ||P must be developed by qualified professionals using generally accepted engineering and planning practices. Aqualified professional is defined as "a professional engineer, surveyor, financial analyst or planner providing services within the scope of the person's license,education,or experience."TischlerBise is a fiscal, economic, and planning consulting firm specializing in the cost of growth services. Our services include development fees,fiscal impact analysis,infrastructure financing analyses,user fee/cost of service studies, capital improvement plans,and fiscal software.TischlerBise has prepared over 800 development fee studies over the past 30 years for local governments across the United States. 2 w `�isc* mm�����w- �N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Conceptual Development Fee Calculation In contrast to project-level improvements, development fees fund growth-related infrastructure that will benefit multiple development projects, or the entire service area (usually referred to as system improvements).The first step is to determine an appropriate demand indicator for the particular type of infrastructure.The demand indicator measures the number of service units for each unit of development. For example, an appropriate indicator of the demand for perks is population growth and the increase in population can be estimated from the average number of persons per housing unit. The second step in the development fee formula is to determine infrastructure improvement units per service unit,typically called level-of-service (LO5) standards. In keeping with the park example, a oonnnnon LOS standard is improved park acres per thousand people. The third step in the development fee formula is the cost of various infrastructure units.To complete the park example,this part of the formula would establish a cost per acre for land acquisition and/or park amenities. Evaluation of Credits/Offsets Regardless of the methodology, a consideration ofcredits/offsets is integral to the development of legally defensible development fee. There are two types of credits/offsets that should be addressed in development fee studies and ordinances. The first is m revenue credit/offset due to possible double payment situations, which could occur when other revenues may contribute to the capital costs of infrastructure covered by the development fee. This type of credit/offset is integrated into the fee calculation,thus reducing the fee amount.The second is a site-specific credit or developer reimbursement for dedication of land or construction of system improvements. This type of credit is addressed in the administration and implementation of the development fee program. For ease of administration, TischlerBise normally recommends developer reimbursements for system improvements. Q]�INTRODUCTION To DEVELOPMENT� � � Development fees are one-time payments used to fund capital improvements necessitated by future development. Development fees have been utilized by local governments in various forms for at least fifty years. Development fees do have limitations and should not be regarded as the total solution for infrastructure financing needs. Rather, they should be considered one component of comprehensive portfolio to ensure adequate provision of public facilities with the goal of maintaining current levels of service in a community. Any community considering facility fees should note the following limitations: 1\ Foes can only be used to finance capital infrastructure and cannot be used to finance ongoing operations and /or maintenance and rehabilitation costs. 2) Fees cannot be deposited in the General Fund. The funds must be accounted for separately in individual accounts and earmarked for the capital expenses for which they were collected. 3) Foes cannot be used to correct existing infrastructure deficiencies unless there is a funding plan in place to correct the deficiency for all current residents and businesses in the community. ] i-����wum�����u�D �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona REQUIRED FINDINGS There are three reasonable relationship requirements for development fees that are closely related to "rational nexus" or "reasonable relationship" requirements enunciated by a number of state courts. Although the term "dual rational nexus" is often used to characterize the standard by which courts evaluate the validity of development fees under the U. S. Constitution, we prefer a more rigorous formulation that recognizes three elements: "impact or need," "benefit," and "proportionality."The dual rational nexus test explicitly addresses only the first two, although proportionality is reasonably implied, and was specifically mentioned by the U.S.Supreme Court in the Dolan case.The reasonable relationship language of the statute is considered less strict than the rational nexus standard used by many courts. Individual elements of the nexus standard are discussed further in the following paragraphs. Demonstrating an Impact.All future development in a community creates additional demands on some, or all, public facilities provided by local government. If the supply of facilities is not increased to satisfy that additional demand, the quality or availability of public services for the entire community will deteriorate. Development fees may be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of development that is subject to the fees.The Nollan decision reinforced the principle that development exactions may be used only to mitigate conditions created by the developments upon which they are imposed. That principle clearly applies to development fees. In this study, the impact of development on improvement needs is analyzed in terms of quantifiable relationships between various types of development and the demand for specific facilities, based on applicable level-of-service standards. Demonstrating a Benefit. A sufficient benefit relationship requires that development fee revenues be segregated from other funds and expended only on the facilities for which the fees were charged. Fees must be expended in a timely manner and the facilities funded by the fees must serve the development paying the fees. However, nothing in the U.S. Constitution or the State enabling Act authorizing development fees requires that facilities funded with fee revenues be available exclusively to development paying the fees. In other words, existing development may benefit from these improvements as well. Procedures for the earmarking and expenditure of fee revenues are typically mandated by the State Enabling Legislation, as are procedures to ensure that the fees are expended expeditiously or refunded. All requirements are intended to ensure that developments benefit from the fees they are required to pay.Thus, an adequate showing of benefit must address procedural as well as substantive issues. Demonstrating Proportionality. The requirement that exactions be proportional to the impacts of development was clearly stated by the U.S. Supreme Court in the Dolan case (although the relevance of that decision to development fees has been debated) and is logically necessary to establish a proper nexus. Proportionality is established through the procedures used to identify development-related facility costs,and in the methods used to calculate development fees for various types of facilities and categories of development.The demand for facilities is measured in terms of relevant and measurable attributes of development. 4 TischlerBise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Development fees for the necessary public services made necessary by new development must be based on the same level of service (LOS) provided to existing development in the service area. There are three basic methodologies used to calculate development fees. They examine the past, present, and future status of infrastructure. The objective of evaluating these different methodologies is to determine the best measure of the demand created by new development for additional infrastructure capacity. Each methodology has advantages and disadvantages in a particular situation and can be used simultaneously for different cost components. Reduced to its simplest terms, the process of calculating development fees involves two main steps: (1) determining the cost of development-related capital improvements and /Z> allocating those costs equitably to various types of development. In practice, though, the calculation of development fees can become quite complicated because of the many variables involved in defining the relationship between development and the need for facilities within the designated service area. The following paragraphs discuss basic methodologies for calculating development fees and how those methodologies can be applied. * Cost Recovery(past improvements)-The rationale for recoupment, often called cost recovery, is that new development is paying for its share of the useful life and remaining capacity offacilities already built, or land already purchased, from which new growth will benefit. This methodology is often used for utility systems that must provide adequate capacity before new development can take place. * Incremental Expansion (concurrent improvements) ' Tho incremental expansion methodology documents current LO5 standards for each type of public facility, using both quantitative and qualitative measures. This approach assumes there are no existing infrastructure deficiencies or surplus capacity in infrastructure. New development is only paying its proportionate share for growth-related infrastructure. Revenue will be used toexpand or provide additional facilities, as needed, to accommodate new development. An incremental expansion cost method is best suited for public facilities that will be expanded in regular increments to keep pace with development. * Plan-Based (future improvements) -The plan-based methodology allocates costs for a specified set of improvements to a specified amount of development. Improvements are typically identified in a long-range facility plan and development potential is identified by a land use plan.There are two basic options for determining the cost per demand unit: (1) total cost ofa public facility can be divided by total demand units(average cost),or(2)the growth-share of the public facility cost can be divided by the net increase in demand units over the planning timeframe (marginal cost). 5 i-����omw�����o�� �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona DEVELOPMENT FEE COMPONENTS Shown below, Figure 1 summarizes service areas, methodologies,and infrastructure cost components for the proposed fees. Figure 1: Proposed Development Fee Service Areas, Methodologies,and Cost Components I Mel 0 1 1 0 0 1 Library Library Facilities N/A Library Facilities Development Fee Population, Service Area Report Jobs Parks and Parks and Trails, Population, Recreational Recreational Facilities N/A Park Amenities Development Fee Jobs Service Area Report Police Facilities Police Vehicles, Police Facilities, Population, Police Service Area N/A Communication Development Fee Vehicle Trips Equipment Report Street Street Facilities N/A Arterial Development Fee VIVIT Service Area Improvements Report Calculations throughout this report are based on an analysis conducted using Excel software. Most results are discussed in the report using two, three, and four decimal places, which represent rounded figures. However,the analysis itself uses figures carried to their ultimate decimal places;therefore,the sums and products generated in the analysis may not equal the sum or product if the reader replicates the calculation with the factors shown in the report(due to the rounding of figures shown, not in the analysis). 6 u ^�i-scnnm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona PROPOSED DEVELOPMENT FEES Development fees for residential development will be assessed per dwelling unit, based on the type of unit. Nonresidential development fees will be assessed per square foot of floor area, based on the development type. The fee schedule includes three new nonresidential categories. Institutional was previously included in office and other services, lodging (assessed per room) was previously included in commercial, and assisted living(assessed per bed)was included in office and other services. The proposed fees represent the maximum allowable fees.Apache Junction may adopt fees that are less than the amounts shown; however, a reduction in development fee revenue will necessitate an increase in other revenues, a decrease in planned capital improvements, mnd/orm decrease in level-of-service standards. All costs in the Development Fee Report represent current dollars with no assumed inflation over time. If costs change significantly over time, development fees should be recalculated. Figure 2: Proposed Development Fees Residential Fees per Unit Nonresidential Fees per Square Foot SIM - �K �� m �����wvn�����ns e 7 Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona CURRENT DEVELOPMENT FEES ............... ............... ............... ...................... Current development fees for residential development are assessed per dwelling unit, based on the type of unit. Current development fees for nonresidential development are assessed per square foot of floor area, based on the type of development. Figure 3: Current Development Fees Residential Fees per Unit • Single Family $1,004 $1,168 $609 $3,151 $5,932 Multi-Family $979 $1,138 $594 $2,117 $4,827 Recreational Vehicle $760 $883 $461 $2,117 $4,220 Nonresidential Fees per Square Foot • Industrial $0.12 $0.03 $0.27 $1.19 $1.61 Commercial/Retail $0.17 $0.18 $1.37 $6.14 $7.86 Office&Other Services $0.22 $0.23 $0.53 $2.34 $3.32 DIFFERENCE BETWEEN PROPOSED AND CURRENT DEVELOPMENT FEES The differences between the proposed and current development fees are displayed below in Figure 4. Figure 4: Difference Between Proposed and Current Development Fees Residential Fees per Unit • Single Family ($454) $539 $620 $99 $804 Multi-Family ($547) $202 $371 ($338) ($311) Recreational Vehicle ($335) $435 $488 ($338) $251 Nonresidential Fees per Square Foot Industrial ($0.05) $0.19 $0.41 ($0,27) $0.28 Commercial/Retail ($0.07) $0.12 $2.03 ($1.42) $0.66 Office&Other Services ($0.06) $0.23 $0.98 ($0.30) $0.85 Institutional ($0,08) $0.17 $0.46 ($1_00) ($0.45) Lodging(per room) N/A N/A N/A N/A N/A Assisted Living(per bed) N/A+- N/A N/A N/A 8 Tischler-ftise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona AR5§9-463.05 k1(7)(d) defines the facilities and assets that can be included in the Library Facilities UP: ofupto ten thousand square feet that provide odirect benefit to development, not including equipment, vehicles oroppurtenonres." METHODOLOGY The library facilities ||P includes components for library facilities and the cost of preparing the library facilities ||P and related development fee report. The incremental expansion methodology is used for library facilities, and the plan-based methodology is used for the development fee report. PROPORTIONATE SHARE ARS§9-463.05 (B)(3) statesthatthedeve|opmentfeeshaUnotexceedapnoportinnateshaneofthecost of necessary public services needed to accommodate new development. The library facilities ||Pand development fees allocate the cost ofnecessary public services between residential and nonresidential based on functional population.The Arizona Office of Economic Opportunity estimates Apache Junction's 2018 population equal to4U,611 persons. Based on 2018 estimates from the U.S. Census 8ureau's OnTheIV1ap web application, 6,333 inflow commuters traveled to Apache Junction for work in 2018. The proportionate share is based on cumulative impact hours per year with a resident potentially impacting library facilities 8,170 hours per year and an inflow commuter potentially impacting library facilities 1,600 hours per year. For library facilities, residential development generates 97 percent of demand and nonresidential development generates the remaining three percent of demand. Figure L1: Proportionate Share 110 1.Arizona Office nf Economic Opportunity,3O18 2.U.S.Census Bureau,OnThel Application and LEH D Origin-Destination Employment Statistics,Version 6.8,2018 Residential Impact:24 hours per day x36s days per year Nonresidential impact:8 hours per day x4 days per week xs0 weeks per year The proportionate share of costs attributable to residential development will be allocated to population and then converted to an appropriate amount by type of housing unit. Since nonresidential data were unavailable by specific nonresidential use, Tisch|er8ise recommends using employment density as the best demand indicator for nonresidential demand for library services. Employment density is highest for office development and lowest for industrial development. Commercial development,such as a shopping center,and institutional development fall between the other two categories.This ranking of employment densities is consistent with the relative demand for library services from nonresidential development. 9 i-����mnw�����v�0 �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona SERVICE AREA Apache Junction provides library access within the city limits; therefore,there is a single service area for the library facilities IIP. Figure 1-2: Library Facilities Service Area MI County PaW County $/ Tonto . �ttuataC ........... t It vrrffarvrt'Ui rtrYrsrnes Art:, ' 4 s J /� g � a .., ..n... Apache.�., ,w m Junction 1 ; Gold Canyon Community I r r i IVIcSA °s4 i i \� I QUEEN CREEK 4 m' LEGEND r ® Municipal Boundary P s National Forest Other Munic al Boundaries IN t <i Final County Island Wilderness Area Mesa CD County Boundary fFeoS. Airport Boundary Queen Creek April 06,2022 0 iQ000 20,000 Feet 10 FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RATIO OF SERVICE UNIT To DEVELOPMENT UNIT ARS§9-463.05(E)(4) requires: "A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial." Figure L3 displays the demand indicators for residential and nonresidential land uses. For residential development,the table displays the number of persons per household. For nonresidential development, the table displays the number of jobs per thousand square feet of floor area. Figure L3: Ratio of Service Unit to Development Unit Residential Development 6 -=SIM Single Family 2.37 Multi-Family 1,86 Recreational Vehicle 1.83 Nonresidential Development In dustrial 1.57 Comm ercial erciaI� 2.12 Office&Other Services 3.26 Institutional 2.86 Lodging(per room) 056 Assisted Living(per bed) 0.61 1.See Land Use Assumptions ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES ARS§9-463.05(E)(1) requires: "A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable." ARS§9-463.05(E)(2) requires: "An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable." 11 TischlerBise FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Library Facilities—Xncremmental Expansion Existing Level of Service Apache Junction currently provides 31,444 square feet of library facilities, and Apache Junction plans to construct additional library facilities to serve future development.To allocate the proportionate share of demand for library facilities to residential and nonresidential development, this analysis uses proportionate share shown in Figure L1. Apache Junction's existing level of service for residential development is 0.6900 square feet per person (31,444 square feet X 97 percent residential share/44,205 persons). The nonresidential level of service is 0.1418 square feet per job (31,444 square feet X three percent nonresidential share /6,651jobs). Figure L#: Existing Level of Service 7 Existing Square Feet 31,444 Residential Residential Sh are 97% 2021 Peak Population 44,205 Square Feet per Person 0.6900 Nonresidential Nonresidential Share 3% Square Feet per Job 0.1418 Source:Apache Junction Public Library If Apache Junction maintains its existing level of service over the next 10 years, future development will demand 21,429 square feet of library facilities. The Enabling Legislation limits library facilities to "ton thousand square feet that provide a direct benefit to development." To comply with the Enabling Legislation,Apache Junction will maintain a lower,adjusted level of service as discussed on the next page. Figure LS: Projected Demand Demand for Library Facilities 12 p `�i-scmnm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Adjusted Level ofService The Enabling Legislation limits library facilities tn "ten thousand square feet that provide a direct benefit to development."To comply with the Enabling Legislation, Apache Junction plans to construct additional library facilities of 10,000 square feet or less to serve future development. Based on projected residential growth of approximately 11,000 housing units in Superstition Vistas over the next 10years, Apache Junction plans to construct 10,000 square feet of library facilities to serve future development in Superstition Vistas. If Apache Junction maintains its existing level of service, Superstition Vistas will demand approximately 17,8UO square feet of library facilities. Apache Junction will use an adjustment factor ofapproximately 56 percent (10,000 square feet / 17,800 square feet) to calculate the adjusted level of service, and Apache Junction will maintain the adjusted level of service throughout the library facilities service area. To allocate the proportionate share of demand for library facilities to residential and nonresidential development,this analysis uses proportionate share shown in Figure L1.Apache Junction's adjusted level of service for residential development is 0.3864 square feet per person (17,608 adjusted square feet X 97 percent residential share/44,205 persons). The nonresidential level of service is 0.0794 square feet per job (17,608 adjusted square feet X three percent nonresidential share/6,651 jobs). Apache Junction provided a construction cost of $60O per square foot. For library facilities, the cost is $231.82 per person (O.3O64 square feet per person X $600 per square foot) and $47.66 per job (0.0794 square feet per job X$6U0 per square foot). Figure L6:Adjusted Level ofService Library Cost $6,000,000 Library Square Feet 10,000 Cost per Square Foot $600 7 'NEOZE Me L L S m Adjusted Square Feet 17,608 o just jus7 Ad ed Residential Residential Share 97% 2021 Peak Population 44,205 Square Feet per Person 0.3864 Nonresidential Nonresidential Share 3% Square Feet per Job 0.0794 Source:Apache Junction Public Library 13 ��- �0 �� w �����muu�����u���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Development Fee Report—Plan-Based The cost to prepare the library facilities lip and related development fee report totals $5,900. Apache Junction plans to update its report every five years. Based on this cost, proportionate share,and five-year projections of future development from the Land Use Assumptions document,the cost is$0.43 per person and $0.11 per job. Figure L7: IIP and Development Fee Report MMIEll I NM M Library $5,900 Residential 97% Peak Population 13,310 $0.43 Nonresidential 3% Jobs 1,625 $0.11 Parks and $15,100 Residential 97% Peak Population 2,314 $6.33 Recreational Nonresidential 3% Jobs 1,468 $0.31 Police $10,000 Residential 80% Peak Population 13,310 $0.60 Nonresidential 20% Vehicle Trips 5,350 $0.37 Street $18,720 All Development 100% VMT 15,204 $1.23 Total $49,720 PROJECTED DEMAND FOR SERVICES AND COSTS ARS§9-463.05(E)(5) requires: "The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria." ARS§9-463.05(E)(6) requires: "The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years." As shown in the Land Use Assumptions document, Apache Junction's population is expected to increase by 30,271 persons and employment is expected to increase by 3,828 jobs over the next 10 years. To maintain the adjusted level of service,Apache Junction will need to construct 12,000 square feet of library facilities over the next 10 years. The following page includes a more detailed projection of demand for services and costs for the library facilities IIP. 14 FISCAL I ECONOMIC _ PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Library Facilities—Xn«remmental Expansion Apache Junction plans to maintain its adjusted level of service for library facilities over the next 10 years. Based on a projected population increase of 30,271 persons,future residential development demands an additional 11,696 square feet of library facilities(30,271 additional persons X 0.3864 adjusted square feet per person). With projected nonresidential growth of 3,828 jobs, future nonresidential development demands an additional 304 square feet of library facilities(3,828 additional jobs X 0.0794 adjusted square feet per job). Future development demands 12,000 square feet of library facilities at a cost of$7,200,000 (12,000 square feet X $600 per square foot). Apache Junction plans to construct 10,000 square feet of library facilities to serve future development in Superstition Vistas, and it will construct additional library facilities as needed in the remainder of the library facilities service area. Figure LB: Projected Demand Library Facilities 0.3864 Square Feet per Person $600 0.0794 Square Feet 1perJob 7 Demand for Library Facilities NEEN 1� ��- �0 �� w �����muu�����u���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona LIBRARY � � 0D�FACILITIES FEES � Revenue Credit/Offset A revenue credit/offset is not necessary for library facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona's Enabling Legislation (ARS§9-463.U5(E)(7)\. Library Facilities Development Fees Infrastructure components and cost factors for library facilities are summarized in the upper portion of Figure L9.The cost per service unit for library facilities is$232.25 per person and $47.77 per job. Library facilities development fees for residential development are assessed according to the number of persons per household. The fee of$550 for m single-family unit is calculated using cost per service unit of$232.25 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using jobs as the service unit.The fee of$0.07 per square foot of industrial development is derived from m cost per service unit of$47.77 per job, multiplied by m demand unit of 1.57jobs per 1,000 square feet, divided by 1,000. The fee of $27 per room of lodging development is derived from a cost per service unit of$47.77 per job multiplied by a demand unit of 0.56 jobs per room. Figure L9: Library Facilities Development Fees Library Facilities $231.82 $47.66 Development Fee Report $0.43 $0.11 Residential Fees per Unit Nonresidential Fees per Square Foot Assisted Living(per bed) 0.61 $29 N/A N/A 1.See Land Use Assumptions 16 u `�i-scmmm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona LIBRARY FACILRIE0DEVELOPMENT FEE REVENUE Appendix A contains the forecast of revenues required by Arizona's enabling legislation (AR5 § 9- 463.05(E)(7U. In accordance with state |am\ this report includes an ||Pfor library facilities needed to accommodate future development. Projected fee revenue shown in Figure L10 is based on the development projections in the Land Use Assumptions document and the updated library facilities development fees. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and development fee revenue will increase at a corresponding rate. If development occurs ato slower rate than projected, the demand for infrastructure will also decrease, along with development fee revenue. Projected development fee revenue equals $7,205,695, and projected expenditures equal $7,205,900. Figure Ll0; Library Facilities Development Fee Revenue 7 1 Total 05,900 $7,205,900 $0 $7,27 ---------------------------------------- l� .�- �� �� w �����» u������w���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona ARS§9-463.05(T)(7)(g)defines the facilities and assets that can be included in the Parks and Recreational Facilities IIP: "Neighborhood parks and recreational facilities on real property up to thirty acres in area, or parks and recreational facilities larger than thirty acres if the facilities provide a direct benefit to the development. Park and recreational facilities do not include vehicles, equipment or that portion of any facility that is used for amusement parks, aquariums, aquatic centers, auditoriums, arenas, arts and cultural facilities, bandstand and orchestra facilities, bathhouses, boathouses, clubhouses, community centers greater than three thousand square feet in floor area, environmental education centers, equestrian facilities, golf course facilities, greenhouses, lakes, museums, theme parks, water reclamation or riparian areas, wetlands, zoo facilities or similar recreational facilities, but may include swimming pools." The Parks and Recreational Facilities IIP includes components for park amenities, trails, and the cost of preparing the Parks and Recreational Facilities IIP and related Development Fee Report.The incremental expansion methodology is used for park amenities.The plan-based methodology is used for trails and the Development Fee Report. Proportionate Share ARS§9-463.05 (B)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed to accommodate new development. The Parks and Recreational Facilities IIP and development fees allocate the cost of necessary public services between residential and nonresidential based on functional population. The Arizona Office of Economic Opportunity estimates Apache Junction's 2018 population equal to 40,611 persons. Based on 2018 estimates from the U.S. Census Bureau's OnTheMap web application, 6,333 inflow commuters traveled to Apache Junction for work in 2018. The proportionate share is based on cumulative impact hours per year with a resident potentially impacting parks and recreational facilities 8,170 hours per year and an inflow commuter potentially impacting parks and recreational facilities 1,600 hours per year. For parks and recreational facilities, residential development generates 97 percent of demand and nonresidential development generates the remaining three percent of demand. Figure PR1: Proportionate Share Residential 40,611 residents' 8,760 355,752,360 97% Nonresidential 6,333 inflow commuters 1,600 10,132,800 3% Total 365,885,160 100 1.Arizona Office of Economic Opportunity,2018 2.U.S.Census Bureau,OnTheMap Application and LEHD Origin-Destination Employment Statistics,Version 6.8,2018 Residential Impact:24 hours per day X 365 days per year Nonresidential Impact:8 hours per day X 4 days per week X 50 weeks per year 18 1 FISCAL I ECONOMIC _ PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Service Area Apache Junction plans to provide o uniform level of service and equal access to parks and recreational facilities within the city; therefore, there is single service area for the Parks and Recreational Facilities 11P. As defined by the Development Agreement for Superstition Vistas (October 2021), Apache Junction will not assess parks and recreational facilities fees to development within the "Auction Property." FigurePR2: Parks and Recreational Facilities Service Area madcopa County Jun' tion Gold Canyon Community MESA QUEEN 'CREEK, LEGEND C3 Municipal Boundary National Forest Other Municpal Boundaries N Pinal County Island Wilderness Area Mesa 0 County Boundary 415 Airport Boundary Queen Creek April 06,2022 Feet 19 i-����� wu�����»�� �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RATIO OF SERVICE UNIT To DEVELOPMENT UNIT ARS§9-463.05(E)(4) requires: "A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial." Figure PR3 displays the demand indicators for residential and nonresidential land uses. For residential development,the table displays the number of persons per household. For nonresidential development, the table displays the number of employees per thousand square feet of floor area. Figure PR3: Ratio of Service Unit to Development Unit Residential Development Single Family 2.37 Multi-Family 1.86 Recreational Vehicle 1.83 Nonresidential Development Industrial 1.57 Commercial 2.12 Office&Other Services 3.26 Institutional 2.86 Lodging(per room) 0.56 Assisted Living(per bed) 0.61 1.See Land Use Assumptions ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES ARS§9-463.05(E)(1) requires: "A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable." ARS§9-463.05(E)(2) requires: "An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable." 20 Tischler-Bise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Park Ammenitiem—Inmremental Expansion Apache Junction currently provides 120 park amenities in its existing parks,and the city plans to construct additional park amenities to serve future development. Based on costs provided by Apache Junction's Parks and Recreation Department to construct recent park amenities,the total cost of Apache Junction's existing park amenities is $35,942,750. The weighted average cost is $316,190 per park amenity ($25,942,750 total cost /120 park annenities). Figure PO4: Existing Park Amenities 25,000 Concession/Restrooms 7 $375,000 77 Z1 .�- �� �� w �����» u������m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona To allocate the proportionate shone of demand for park amenities to residential and nonresidential development,this analysis uses the proportionate share shown in Figure PRL Apache Junction's existing LOS for residential development is 0.0026 amenities per person (120 amenities X 97 percent residential share / 44,205 persons). For nonresidential development, the existing U]S is 0.0005 amenities per job (120 amenities X three percent nonresidential share /6,651jobs). Based on the total cost of Apache Junction's existing park amenities, the weighted average cost for new park amenities is $I16,190 per amenity ($25,943,75Utotal cost / lZU amenities). Apache Junction may use development fees to construct additional park amenities similar to its existing inventory. For park amenities, the cost is $569.26 per person (0.0026amenities per person X $2l6,l90 per amenity) and $l17.02 per job(0.U005 amenities per job X$216,l9U per arnenity). Figure PIRS' Existing Level mfService Weighted Average per Unit $216,190 nits 120 Residential Residential Share 97% 2021 Peak Population 44,205 Units per Person 0.0026 Nonresidential Nonresidential Share 3% Source:Apache Junction Parks and Recreation Department 22 p `�i-scmnm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Trails_Plan-Based Apache Junction currently provides 20.6 miles of trails, and the city plans to construct additional trails to serve future development. To allocate the proportionate share of demand for trails to residential and nonresidential development, this analysis uses the proportionate share shown in Figure PR1. Apaohe Junction's existing LDS for residential development is0.00U5 miles per person (20.6 miles X97 percent residential share/44,205 persons). For nonresidential development,the existing LOS is 0.0001 miles per job (Z0.6 miles X three percent nonresidential share /6,651jobs). Apache Junction plans to increase the existing level of service by constructing 14.0 miles of trails shown in Figure PR6. To ensure future development does not pay for a higher level of service than what is provided to existing development, this analysis allocates the 34.6 miles of planned trails in 2031toall development in 2031.The planned LOS for residential development is 0.0007 miles per person (34.6 miles X97 percent residential share / 48,8Z5 persons). For nonresidential development, the planned U}5 is 0.0001 miles per job /34.6 miles X three percent nonresidential share /9,53Ojobs>. Based on the planned cost estimates provided by Apache Junction's Parks and Recreation Department, the weighted average cost for trails is$210,714 per mile ($2,95U,U0O total cost /14mni|es). For trails,the cost is$144.84 per person (0.U007 miles per person X$210,714 per mile)and$2Z.93 per job(0.0001miles per job X$21U,714 per mni|e). FigurePR6: Planned Level ofService Weighted Average per Mile $210,714 rails 14.0 Residential Residential Share 97% 2031 Peak Population 48,825 Nonresidential Nonresidential Share 3% Source:Apache Junction Parks and Recreation Department Z3 .�- �� �� w �����» u������m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Development Fee Report—Plan-Based The cost to prepare the Parks and Recreational Facilities IIP and development fees totals$15,100.Apache Junction plans to update its report every five years. Based on this cost, proportionate share,and five-year projections of new development from the Land Use Assumptions document,the cost is $6.33 per person and $0.31 per job. Figure PR7: IIP and Development Fee Report im Library $5,900 Residential 97% Peak Population 13,310 $0.43 Nonresidential 3% Jobs 1,625 $0.11 Parks and $15,100 Residential 97% Peak Population 2,314 $6.33 Recreational Nonresidential 3% Jobs 1,468 $0.31 Police $10,000 Residential 80% Peak Population 13,310 $0.60 Nonresidential 20% Vehicle Trips 5,350 $0.37 Street $18,720 All Development 100% VMT 15,204 $1.23 Total 1 $49,720 PROJECTED DEMAND FOR SERVICES AND COSTS ARS§9-463.05(E)(5) requires: "The total number of projected service units necessitated by and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria." ARS§9-463.05(E)(6) requires: "The projected demand for necessary public services or facility expansions required by new service units for a period not to exceed ten years." As shown in the Land Use Assumptions document, Apache Junction's population in the parks and recreational facilities service area is expected to increase by 4,620 persons and employment is expected to increase by 2,887 jobs over the next 10 years.To maintain the existing levels of service,Apache Junction will need to construct approximately 14 park amenities over the next 10 years.To reach the planned level of service for trails, Apache Junction will need to construct 3.5 additional miles of trails over the next 10 years. The following pages include a more detailed projection of demand for services and costs for the Parks and Recreational Facilities IIP. 24 FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Park Ammenitiem-Inmremental Expansion Apache Junction plans to maintain its existing level of service for park amenities over the next 10years. Based on a projected population increase uf4,62U persons, future residential development demands an additional 12.2 park amenities (4,6I0additiona| persons X0.OU36 amenities per person). With projected employment growth ofZ,887jobs, future nonresidential development demands an additional 1.6 park amenities (3,887 additional jobs X 0.0005 amenities per job). Future development demands 13.7 additional park amenities ata cost of$2,967,91O (13.7 amenities X$I16,19U per annenity). Figure PR8' Projected 0enmand Park Amenities 0.0026 Units per Person $216,190 Demand for Park Amenities ----- --------- 10 r Increase 4,620 2,887 12.2 1.6 t13 77 T 1 25 FISCAL I ECONOMIC I PLANNING ����������������� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Trails—Immremuenta/Expamwiwxo Apache Junction plans to increase its existing level of service for trails over the next 10 years. Based on a projected population increase uf4,62O persons, future residential development demands an additional 3.2 miles of trails (4,620 additional persons X 0.0007 miles per person). With projected employment growth of 2,887 jobs,future nonresidential development demands an additional 0.3 miles of trails(2,887 additional jobs X 0.0001 miles per job). Future development demands approximately 3.5 miles of trails at a cost of$735,396 (3.5 miles X$21(l714 per nni|e). Existing residential development demands 30.4 miles of trails(44,205 persons X 0.0007 miles per person) and existing nonresidential development demands approximately 0.7 miles of trails (6,651 jobs X 0.0001 miles per job). Since Apache Junction currently provides 20.6 miles of trails, existing development currently demands an additional 10.5 miles of trails(31.1 miles demanded by existing development—20.6 miles available to existing development) to reach the planned level of service. Existing development's share of the planned trails is approximately$2,Z14,604(10.5 miles of trails X$210,714 per mi|e). Figure PR9' Projected 0en`and Trails 0.0007 Miles per Person $210,7147 Demand for Trails 26 u `�i-scmmm�����n�N �� se FISCAL/ ECONOMIC / PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona PARKS AND � ����� �TJTI� 0VEL�P��ENT FEES � Revenue Credit/Offset A revenue credit/offset is not necessary for parks and recreational facilities fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona's Enabling Legislation (ARS§ 9-463.05(E)(7)\. Parks and Recreational Facilities Development Fees Infrastructure components and cost factors for parks and recreational facilities are summarized in the upper portion of Figure PR10.The cost per service unit is$720.43 per person and $140.26 per job. Parks and recreational facilities fees for residential development are assessed according to the number of persons per household.The fee of$1,707 for a single-family unit is calculated using a cost per service unit of$720.43 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using jobs as the service unit.The fee of$0.22 per square foot of industrial development is derived from a cost per service unit of$140.26 per job, multiplied by a demand unit of 1.57jobs per 1,000 square feet, divided by 1,000. The fee of $79 per room of lodging development is derived from a cost per service unit of $140.26 per job multiplied by a demand unit of 0.56 jobs per room. Figure PR10: Parks and Recreational Facilities Development Fees Development Fee Report .7 $0.31 Residential Fees per Unit Isms Nonresidential Fees per Square Foot Assisted Living(per bed) 0.61 $86 N/A N/A 1.See Land Use Assumptions Z� ~�- �N �� m �����owo���������� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE REVENUE Appendix A contains the forecast of revenues required by Arizona's Enabling Legislation A\R5 § 9- 463.05(E)(7U. In accordance with state law,this report includes an ||P for parks and recreational facilities needed to accommodate new development. Projected fee revenue shown in Figure PR11 is based on the development projections in the Land Use Assumptions document and the updated development fees for parks and recreational facilities shown in Figure PR10. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase and development fee revenue will increase at corresponding rate. If development occurs at a slower rate than projected,the demand for infrastructure will also decrease, along with development fee revenue. Projected development fee revenue equals $3,718,296, and projected expenditures equal $5,933,018. Existing development's share of $2,214,604 may not be funded with development fees. Figure P011: Parks and Recreational Facilities Development Fee Revenue 7 ---------------------------------------- 28 m ,�i-scnww�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona ARS§9-463.05 (T)(7)(f) defines the facilities and assets that can be included in the Police Facilities IIP: "Fire and police facilities, including all appurtenances, equipment and vehicles. Fire and police facilities do not include a facility or portion of a facility that is used to replace services that were once provided elsewhere in the municipality, vehicles and equipment used to provide administrative services, helicopters or airplanes or a facility that is used for training firefighters or officers from more than one station or substation." The Police Facilities IIP includes components for police facilities, police vehicles, communication equipment, and the cost of preparing the Police Facilities IIP and related Development Fee Report. The incremental expansion methodology, based on the current level of service, is used for police vehicles and communication equipment.The plan-based methodology is used for police facilities and the Development Fee Report. 29 TischlerBise FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Proportionate Share ARS§ 9-463.05 (13)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed toaccommodate new development. The Police Facilities ||Pand development fees will allocate the cost of police services between residential and nonresidential based on functional population. Based on 2018 estimates from the U.S. Census Bureau's DnTheMapvveb application, residential development accounts for approximately 80 percent of functional population and nonresidential development accounts for the remaining 20percent. Figure P1: Proportionate Share ------------- Residential Derna�d Person Population 40,611 Hours/pay ' Hours Employed Residents 14,729 Employed outside Apache Junction 13,522 ,14 189,308 Residential Subtotal 723,846 Nonresidential Non-working Residents 25,882 103,528 Non-Resident Workers(inflow commuters) 6,333 63,330 Nonresidential Subtotal 178,928 Total 902,774 Source:Arizona Office of Economic Opportunity(population),U.S. Census Bureau,OnTheM ap Application and LEHD Origin-Destination Employment Statistics,Version§.8<emp|oymend. The proportionate share of costs attributable to residential development will be allocated to population and then converted to an appropriate amount by type of housing unit. Since nonresidential calls for service were unavailable by specific nonresidential use,TischlerBise recommends using average weekday vehicle trips as the best demand indicator for nonresidential demand for police services. Trip generation rates are highest for oonnnoeroia| development, such as a shopping center, and lowest for industrial development. Office and institutional trip rates fall between the other two categories.This ranking of trip rates is consistent with the relative demand for police services from nonresidential development. 30 p ,�i-scnww�����m�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Service Area Apache Junction's Police Department strives to provide a uniform response time within the city limits; therefore,there is a single service area for the Police Facilities IIP. Figure P2: Police Facilities Service Area ' a Aflaricopa,Court} .M ., —77 f=tia7 L,otrnfy s"s 7"caraan ttre» e' kI ; harr°,� f 3 ='�'ug#Y t,tty^rr 4'b'�rcttrnc°s fi, a ¢ i E§ p �..A ache..., s Junction �r ,I �r Gold Canyon Community } 202 =S MESA } a 60 i t 4 i «S ' y r £v. i n'a CREEK' sIC 6: R'i. 4 IXS�1 vA �: 1 Nt i LEGEND ® Municipal Boundary National Forest Other Municpal Boundaries i Final County Island Wilderness Area Mesa County Boundary Airport Boundary Queen Creek April 06,2022 0 10,000 20.000 Feet c, T'cir 31 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RATIO OF SERVICE UNIT To DEVELOPMENT UNIT ARS§9-463.05(E)(4) requires: "A table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of necessary public services or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial and industrial." Figure P3 displays the demand indicators for residential and nonresidential land uses. For residential development, the table displays the persons per household. For nonresidential development, the table displays the number of average weekday vehicle trips generated per thousand square feet of floor area. Figure P3: Ratio of Service Unit to Development Unit Residential Development * - =0M Single Family 2.37 —Multi-Family 1.86 Recreational Vehicle 1.83 Nonresidential Development NMI Elm Industrial 4.87 50% 2.44 Commercial 37.01 33% 12.21 Office&Other Services 10.84 50% 5.42 Institutional 10.77 33% 3.55 Lodging(per room) 7.99 1 50% 4.00 Assisted Living(per bed) 2.60 1 50% 1.30 1.See Land Use Assumptions ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES ARS§9-463.05(E)(1) requires: "A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable." ARS§9-463.05(E)(2) requires: "An analysis of the total capacity, the level of current usage and commitments for usage of capacity of the existing necessary public services, which shall be prepared by qualified professionals licensed in this state, as applicable." 32 Tischler-Bise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Police FacBitiem-Plam-Based Apache Junction currently provides 13,000 square feet of police facilities, but this is not sufficient to serve existing development and future development. Apache Junction plans to construct an additional 51,500 square feet of police facilities at a cost of$28,325,000 to serve all development in 2031. To allocate the proportionate share of demand for police facilities to residential and nonresidential development, this analysis uses functional population outlined in Figure P1. Apache Junction's existing level of service for residential development is0.I353 square feet per person (13,000 square feet X8U percent residential share/44,205 persons). The nonresidential level of service is 0.1270 square feet per vehicle trip (13,000 square feet X 20 percent nonresidential share/20,477 vehicle trips). Apache Junction plans to increase the existing level of service by constructing 51,500 square feet ofpolice facilities. To ensure future development does not pay for a higher level of service than what is provided to existing development,this analysis allocates the 64,500 square feet of planned police facilities in 2031 to all development in 2031.The planned LOS for residential development is 0.6928 square feet per person (64,500 square feet X 80 percent residential share/74,476 persons). For nonresidential development,the planned LOS is 0.3719 square feet per vehicle trip (64,500 square feet X 20 percent nonresidential share /34,685 vehicle trips). Based on estimates provided bv Apache Junction,the construction cost for future police facilities is $55U per square foot. For police facilities,the cost is$381.06 per person (0.6928 square feet per person X$550 per square foot)and $204.55 per vehicle trip(0.3719 square feet per vehicle trip X$550 per square foot). Figure P4: Planned Level mfService Cost per Square Foot $550 2021 Square Feet 13�,000 Planned Square Feet 51,500 64,500 2031 Square Feet(Planned) 77 Residential Residential Share 80% 2031 Peak Population 74,476 Square Feet per Person 0.6928 Nonresidential Nonresidential Share 20% 2031 Vehicle Trips 34,685 Square Feet per Vehicle Trip 0.3719 Source:Apache Junction Police Department 33 .�- �� �� w �����» ua�����m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Policemehiules—Xncremmental Expansion Apache Junction has 80 police vehicles with a total cost of $5,948,20Z, and the city plans to acquire additional police vehicles to serve future development. To allocate the proportionate share of demand for police vehicles to residential and nonresidential development,this analysis uses functional population outlined in Figure P1. Apache Junction's existing level of service for residential development is 0.0014 units per person (80 vehicles X 80 percent residential share/44,205 persons).The nonresidential level of service is 0.0008 units per vehicle trip (80vehides X 20 percent nonresidential share / 20,477 vehicle trips). Based on the total cost of Apache Junction's existing police vehicles,the weighted average cost for a new police vehicle is $74,353 per vehicle ($5,948,202 total cost / 80vehides). Apache Junction may use development fees to acquire additional police vehicles similar to its existing inventory. For police vehicles, the cost is$107.65 per person /0.0014 units per person X$74,353 per vehicle)and$5O.1O per vehicle trip (U.UU08 units per vehicle trip X$74,353 per vehide). Figure PS: Existing Level of Service Victim ServiceVan 1 1 $41,049 $41,0499 Weighted Average per Vehicle $74,353 Existing Vehicles 80 Residential Residential Share 80% 2021 Peak Population 44,205 Vehicles per Person 0.0014 Nonresidential Nonresidential Share 20% Vehicles per VehicleTrip 0.0008 Source:Apache Junction Police Department 34 p `�iscmnn�����n- �N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Communication E —DncremmentaX Expansion Apache Junction has 170 units of communication equipment with a total cost of$1,617,654, and the city plans to acquire additional units to serve future development. To allocate the proportionate share of demand for communication equipment to residential and nonresidential development,this analysis uses functional population outlined in Figure P1. Apache Junction's existing level of service for residential development is 0.0031 units per person (170 units X 80 percent residential share/44,205 persons). The nonresidential level of service is 0.0017 units per vehicle trip(170 units X 20 percent nonresidential share /2[L477 vehicle trips). Based on the total cost of Apache Junction's existing communication equipment, the weighted average cost for a new unit is $9,516 per unit ($1,617,654tota| cost / 170 units). Apache Junction may use development fees to acquire additional communication equipment. For communication equipment, the cost is $Z9.28 per person (U.U031 units per person X$9,516 per unit) and $15.80 per vehicle trip (0.0017 units per vehicle trip X$9,516 per unit). Figure PG: Existing Level of Service weighted Average per Unit $9,5169 its 170 Residential Share 80% 2021 Peak Population 44,205 Units per Person 0.0031 Nonresidential Nonresidential Share 20% Source:Apache Junction Police Department 3� .�- �� �� w �����» ua�����m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Development FeeReport—Plan-Based The cost to prepare the Police Facilities 1113 and related Development Fee Report totals $10,000. Apache Junction plans to update its report every five years. Based on this cost, proportionate share,and five-year projections of new residential and nonresidential development from the Land Use Assumptions document,the cost is$0.60 per person and $O.37 per vehicle trip. Figure P7: lip and Development Fee Report MMIEll I NM M Library $5,900 Residential 97% Peak Population 13,310 $0.43 Parks and $15,100 Residential 97% Peak Population 2,314 $6.33 Police $10,000 Residential 80% Peak Population 13,310 $0.60 PROJECTED DEMAND SERVICES �D C��7� � �� � �&� ARS§9-463.U5(E)(S) requires: "The total number of projected service units necessitated bv and attributable tonew development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criterio., ARS§9-463.05(E)(6) requires: "The projected demandfor necessary public services orfacility expansions required by new service units for o period not to exceed ten yeo/s., As shown in the Land Use Assumptions document, Apache Junction's population is expected to increase by3O,271 persons and nonresidential vehicle trips generated are expected to increase by14,2O9trips over the next 10 years.To reach the planned level of service for police facilities,Apache Junction will need to construct an additional 51,500 square feet over the next 10years. To maintain the existing levels of service, Apache Junction will need to acquire approximately 55 police vehicles and approximately 117 units of communication equipment over the next 10 years. The following pages include a more detailed projection of demand for services and costs for the Police Facilities ||P. 36 p ,�i-scmmw�����m�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Police FacBitiem-Plam-Based Apache Junction plans to increase its existing level of service by constructing 51,500 square feet ofpolice facilities over the next 10years. Based on a projected population increase nf30,271 persons, future residential development demands approximately 20,973 square feet of police facilities(30,271 additional persons XU.69%O square feet per person). With projected vehicle trip growth of14,209 vehicle trips, future nonresidential development demands approximately 5,284 square feet of police facilities (14,209 additional vehicle trips X 0.3719 square feet per vehicle trip). Future development demands approximately 26,257 square feet of police facilities ata cost of$14,441,51U (26,257 square feet X $550 per square foot). Existing residential development demands approximately 30,627 square feet of police facilities (44,205 persons X 0.6928 square feet per person) and existing nonresidential development demands approximately 7,616 square feet of police facilities (20,477 vehicle trips X 0.3719 square feet per job). Since Apache Junction currently provides 13,000 square feet of police facilities, existing development currently demands an additional 25,243 square feet of police facilities (38,243 square feet demanded by existing development- 13,000 square feet available to existing development)to reach the planned level of service. Existing development's share of the planned police facilities is approximately $13,883,490 (25,Z43 square feet X$550 per square foot). Figure P8: Projected Demand Demand for Police Facilities 13,883 Non-Growth ExpendituLeq$11,124,902 $2,758,588 $ 7,490 000 Total Expenditures $22,660,000 $5,665,000 ]!$28,325,000 37 i-����wwn�����x�� �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Policemehiules—Xncremmental Expansion Apache Junction plans to maintain its existing level of service for police vehicles over the next 10years. Based on a projected population increase of 30,271 persons,future residential development demands an additional 43.8 vehicles(30,271 additional persons X 0.0014 vehicles per person). With projected vehicle trip growth of 14,209 trips,future nonresidential development demands an additional 1.6 vehicles(14,209 additional vehicle trips X0.U00Ovehicles per vehicle trip). Future development demands approximately 55 police vehicles ota cost of$4,084,058 (54.9 units X$74,353 per vehic|e). Figure P9: Projected Demand 0.0008 Vehicles per vehicle Tridp Demand for PoliceVehicles; ---------------- 38 u ,�i-scmmm�����m�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona C -DncremmentaX Expansion Apache Junction plans to maintain its existing level of service for communication equipment over the next 10years. Based on a projected population increase of3U,I7l persons, future residential development demands an additional 93.1 units (30,271 additional persons X 0.0031 units per person). With projected vehicle trip growth of 14,209 trips, future nonresidential development demands an additional 23.6 units (14,209 additional vehicle trips X 0.0017 units per vehicle trip). Future development demands approximately 117 units ata cost of$1,l1[L687 (l16.7 units X$9,516 per unit). Figure P10: Projected Dernand 0.0017 Units per vehicle Tridp Demand for Communication Equipment ----- --------- 39 TischlerBise Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona POLICE FACILITIES DEVELOPMENT FEES - — -- — — - Revenue Credit/Offset A revenue credit/offset is not necessary for police facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona's Enabling Legislation (ARS§9-463.05(E)(7)\. Police Facilities Development Fees Infrastructure components and cost factors for police facilities are summarized in the upper portion of Figure P11.The cost per service unit for police facilities is$518.59 per person and$278.82 per vehicle trip. Police facilities development fees for residential development are assessed according to the number of persons per household. The fee of$1,%29 for single-family unit is calculated using cost per service unit of$518.59 per person multiplied by a demand unit of 2.37 persons per household. Nonresidential development fees are calculated using vehicle trips as the service unit. The fee of$U.68 per square foot of industrial development is derived from a cost per service unit of$278.82 per vehicle trip, multiplied by a demand unit of 2.44 average weekday vehicle trips per 1,000 square feet, divided by 1,000. The fee of $1,115 per room of lodging development is derived from a cost per service unit of $278.82 per vehicle trip multiplied by a demand unit of 4.00 average weekday vehicle trips per room. Figure P11: Police Facilities Development Fees Police Facilities $381.06 $204.55 Police Vehicles $107.65 $58.10 Communication Equipmen 7 $15.80 Development Fee Report $0.60 $0.3 Residential Fees per Unit I'm Ell Nonresidential Fees per Square Foot Assisted Living(per bed) 1.30 $362 N/A l.See Land Use Assumptions 40 p `�iscmmm�����m- �N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona POLICE FACILI7IE0DEVELOPMENT FEE REVENUE Appendix A contains revenue forecasts required by Arizona's Enabling Legislation (ARS§ 9-463.05(E)(7)). Projected fee revenue shown in Figure P13 is based on the development projections in the Land Use Assumptions document and the updated police facilities development fees. If development occurs faster than projected, the demand for infrastructure will increase along with development fee revenue. If development occurs slower than projected,the demand for infrastructure will decrease and development fee revenue will decrease at a similar rate. Projected development fee revenue equals $19,646,168, and projected expenditures equal $33,529,745. Existing development's share of $13,883,490 may not be funded with development fees. Figure P12: Police Facilities Development Fee Revenue MIMIMIMM 41 i-����nmw�����n�� �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona AR5§9-463.05 AA(7)(e) defines the facilities and assets that can be included in the Street Facilities UP: "Street facilities located/n the service area, including arterial or collector streets or roads that have been designated onon officially adopted plan of the municipality, traffic signals and riohts- of-w/oyondinprnvenncntsthereon." The Street Facilities ||P includes components for arterials improvements and the cost of preparing the Street Facilities 11P and related Development Fee Report.The incremental expansion methodology, based on the current level of service, is used to calculate the components for arterials improvements, and the plan-based methodology is used for the Development Fee Report. Proportionate Share ARS§9-463.05 (13)(3) states that the development fee shall not exceed a proportionate share of the cost of necessary public services needed toaccommodate new development. The Street Facilities ||Pand development fees will allocate the cost of necessary public services between residential and nonresidential based on trip generation rates,trip adjustment factors, and trip lengths. 42 p `�i-scwmm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Service Area Apache Junction plans to provide a uniform level of service and equal access to street facilities within the city; therefore, there is a single service area for the Street Facilities IIP. As defined by the Development Agreement for Superstition Vistas (October 2021),Apache Junction will not assess street facilities fees to development within the "Auction Property." Figure S1:Street Facilities Service Area WHOOPS County } ss Tonto if j t�adfdd}$7 Y�, { .,.,ems . + ."aujtarvPatran Uitrfusrne ss r+re0 � � I r ...... .. ra ,.. nApache Junction .... ,. a .... t '; Gold Canyon Community I MESA x � I yI', df 24 r alai CREEK I LEGEND r ® Municipal Boundary National Forest Other Municipal Boundaries Pinal County Island Wilderness Area Mesa ,} County Boundary OFAirport Boundary Queen Creek April 06,2022 {sY Auction Property 0 90,000 20,000 Feet 1 s e 43 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RATIO OF SERVICE UNIT To DEVELOPMENT UNIT ARS§9-463.U5(E)(4) requires: "A table establishing the specific level m quantity of use, consumption, generation or discharge ofo service unitfor each category of necessary public services orfacility expansions and on equivalency orconversion table establishing the ratio ofo service unit to various types ofland uses, including residential, commercial and/ndustrial." Apache Junction will use vehicle miles traveled (VMT) as the demand units for street facilities fees. Components used to determine VMT include average weekday vehicle trip generation rates, adjustments for commuting patterns and pass-by trips, and trip length weighting factors. Residential Trip Generation Rates As an alternative to simply using the national average trip generation rate for residential development, the ITE publishes regression curve formulas that may be used to derive custom trip generation rates,using local demographic data. Key independent variables needed for the analysis (i.e., vehicles available, housing units, households, and persons) are available from American Community Survey data. Shown in Figure S2, single-family units generate 8.42 average weekday vehicle trip ends per unit, and multi-family units generate 4.61 average weekday vehicle trip ends per unit. Figure S2:Average Weekday Vehicle Trip Ends bV Housing Type FHouseholds by Structure Type�] sm I i I mm z.Vehicles available by tenure from Table B25046,American Community Survey,2015-2019 5-Year Estimates. 2.Households by tenure and units in structure from Table B25032,American Community Survey,2015-2019 5-Year Estimates. 3.Housing units from Table B25024,American Community Survey,2015-2019 5-Year Estimates. 4.Total population iohouseholds from Table ozsnss'American Community Survey,zn1s'znzys'ma,Estimates. s.Vehicletrips ends based on persons using formulas from Trip Generation(ITE 2021).For single-family housing(ITE 210),thefitted curve equation/,sxp(nus*/m(veoons)+1.ru).roanvrox/mateme average population of the xs studies,persons were divided uvssand the equation result multiplied by 65.For multi-family housing(ITE 221),the fitted curve equation is(2.29*persons)-64.48(ITE 2017). o.Vehicletrip ends based on vehicles available using formulas from Trip Generation(ITE 2021).For single-family housing(ITE 210),the fitted curve equation is EXP(0.92*LN(vehicIes)+2.68).To approximate the average number of vehicles in the ITE studies,vehicles available were divided by 97 and the equation result multiplied by 97.For multi-family housing(ITE 221),the fittedcurve equation/s <4.77^weh/c|o>'46.46(xs2021). /.Iriz Generation Institute m Transportation Engineers,uu`Edition(zoz4 44 p `�i ��m-����mmw����N ��se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Nonresidential Trip Generation Rates For nonresidential devdopnnentDsoh|erBise uses trip generation rates published in Trip Generation Institute of Transportation Engineers, 1 1th Edition (2021). The prototype for industrial development is Light Industrial (ITE 110) which generates 4.87 average weekday vehicle trip ends per 1,000 square feet of floor area. Assisted living development uses Assisted Living (|TE 254) as a proxy and generates 2.60 average weekday vehicle trip ends per bed. For lodging development, the proxy is Hotel UTE 310\, and this type of development generates 7.99 average weekday vehicle trip ends per room. Institutional development uses Hospital (|TE 610) and generates 10.77 average weekday vehicle trip ends per 1,000 square feet of floor area. For office fk other services development, the proxy is General Office (ITE 710), and it generates 10.84 average weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development is Shopping Center /|TE 820\ which generates 37.01 average weekday vehicle trips per 1,UO0 square feet of floor area. Figure S3:Average Weekday Vehicle Trip Ends bV Land Use ME - --------------------------------------- P11"OUght Industrial 1,000 Sq Ft 487 3.10 1.57 637 1.Trip Generation,Institute of Transportation Engineers,11th Edition(2021). 4� .�- �� �� w �����» ua�����m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Trip Rate Adjustments To calculate street facilities fees, trip generation rates require on adjustment factor to avoid double counting each trip at both the origin and destination points.Therefore,the basic trip adjustment factor is 50 percent. As discussed further in this section, the development fee methodology includes additional adjustments to make the fees proportionate to the infrastructure demand for particular types of development. Commuter Trip Adjustment Residential development has a larger trip adjustment factor of64 percent to account for commuters leaving Apache Junction for work.According to the 2009 National Household Travel Survey(see Table 30) weekday work trips are typically 31 percent of production trips (i.e, all out-bound trips, which are 50 percent ofall trip ends). As shown in Figure S4, the U.S. Census 8ureau's OnTheMapvveb application indicates 92 percent of resident workers traveled outside of Apache Junction for work in 2018. In combination,these factors(0.31 x 0.50 x 0.92=0.14)support the additional 14 percent allocation of trips tu residential development. Figure S4:Commuter Trip Adjustment ----------------- Residents Commuting Outside Apache Junction forWork 13,522 Percent Commutingout of Apache Junction 92% 1.U.S.Census Bureau,OnTheMap Application(version 6.8)and LEH D Origin-Destination Employment Staustics'zo1o. 2.According to the National Household Travel Survey(2009)*,published in December 2011(see Table 30),home-based work trips are typically 30.99 percent of"production"trips,in other words,out-bound trips(which are 50 percent of all trip ends),Also,LED OnTheMap data from 2018 in dicateth at 92 percent of Apache Junction's workers travel outside the city for work.In combination,these factors(0.3099 x 0.50 x 0.92=0.14)account for 14 percent of additional production trips.Thetotal adjustment factor for residential includes attraction trips(50 percent oftrip ends)plus thejourney-to-work commuting adjustment(z4 percent o,production trips)for a total ors4percent. ^xup://nms.vm|.gowpvmications.mtm|;Summary or Travel Trends Table"Daily Travel Statistics uy Weekday vs.Weekend" Adjustment for Pass-By Trips For commercial and institutional development,the trip adjustment factor is less than 50 percent because these types of development attract vehicles as they pass by on arterial and collector roods. For example, when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For the average shopping center, |TEdata indicate 34 percent of the vehicles that enter are passing by on their way to some other primary destination. The remaining 66 percent of attraction trips have the commercial site as their primary destination. Because attraction trips are half of all trips,the trip adjustment factor is 66 percent multiplied by 50 percent, or approximately 33 percent of the trip ends. 46 w `�i-scmmw�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Average Weekday Vehicle Trips Shown below in Figure S5, multiplying average weekday vehicle trip ends and trip adjustment factors (discussed on the previous page) by Apache Junction's existing development units provides the average weekday vehicle trips generated by existing development. As shown below, Apache Junction's existing development in the street facilities service area generates 107,806 vehicle trips on an average weekday. Figure 85,Average Weekday Vehicle Trips b*Land Use E- MM S i rng I e F am i'l Y!y HU 210 8.42 64% 14,919 80,396 Multi mil !!! Total 107,806 National Average Trip Length To calculate street facilities fees, it is necessary to determine the average trip length on Apache Junction's arterial network.To do this,the analysis uses national trip generation rates and average trip lengths from the 2017 National Household Travel Survey. Figure SS: National Average Trip Lengths Residential 12.32 Commercial/Retail 7.90 Office and Other 7.70 Source: U.S. Department of Transportation,Federal Highway Administration,2O17 National Household Transportation Survey,adjusted for land use 47 i-����� nn�������� �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Expected Vehicle Miles Traveled The national average trip length should be adjusted to reflect actual local demand on Apache Junction's arterial network. To do this, Tisch|er8ise determines expected demand (VMT) on Apache Junction's complete transportation network by multiplying the national average trip lengths bv average weekday vehicle trips. Based on this analysis, Apache Junction's existing development generates an expected 1,236,395VMT. Figure 87: Expected Vehicle Miles Traveled Total 1,236,396 l.Average weekday vehicle trips from Figure S4 3.ZO17 National Household Transportation Survey 3.TischlerBise calculation,Average Weekday Vehicle Trips X National Average Trip Length Local Adjustment Factor Expected VMT reflects anticipated travel demand on the entire roadway system;therefore,it is necessary to calibrate demand to the arterial system. To calibrate demand on the arterial system, actual travel demand,based on local traffic counts obtained from the Arizona Department of Transportation(Appendix E), is compared to expected travel demand. The ratio between actual VMT and expected VMT provides the local adjustment factor used to adjust national average trip lengths by type of land use. Figure S#: Local Adjustment Factor on Arterials' 205,513 Expected VMTon Arterials 1,236,396 0.17 Actual to Expected VMT 77 1.TischlerBise analysis of trip counts provided by the City of Apache Junction,AZ 48 m ,�i-scwmm�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Local Trip Lengths Shown below in Figure S9, Tisch|er8ise applies the local adjustment factor tothe national average trip lengths to calculate the local trip lengths. The analysis will use the local trip lengths shown below to ca|cu|atoVK4T. Figure S9: Local Trip Lengthy EM Source:2O17NHT3 and TbchhrBbeanalysis; local adjustment from Figure 37 Local Vehicle Miles Traveled Shown below are the demand indicators for residential and nonresidential land uses related tovehicle miles traveled (VIVIT). For residential development, the table displays VIVIT per housing unit. For nonresidential development, the table displays VIVIT8enerated per 1,000 square feet of floor area (per room for lodging, and per bed for assisted |ivinQ). Figure 81U' Ratio of Service Unit to Development Unit Residential Development Im Nonresidential Development I I M1 1.See Land Use Assumptions 49 .�- �� �� w �����» ua�����m���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona ANALYSIS OF CAPACITY,USAGE,AND COSTS OF EXISTING PUBLIC SERVICES ARS§9-46lU5(E)(1) requires: "A description of the existing necessary public services in the service area and the costs to upgrade, update, improve, expand, correct or replace those necessary public services to meet existing needs and usage and stricter safety, efficiency, environmental or regulatory standards, which shall be prepared by qualified professionals licensed in this state, as applicable." ARS§9-46lU5(E)(2) requires: "An analysis of the total capacity, the level ofcurrent usage and commitmcntsfor usage of capacity of the existing necessary public services, which shall be prepared byqualified professionals licensed/n this state, osopp0cob/e." As shown in Appendix E, the City of Apache Junction provided an inventory of arterial road segments, including segment lengths and lane quantities. Tisch}erBise obtained average daily traffic /ADT> counts from the Arizona Department of Transportation. Multiplying each segmnent's length by the number of lanes yields the number of lane miles per segment,and multiplying the traffic counts and segment lengths provides the average weekday vehicle miles traveled (VK4T). Apache Junction's arterial road network consists uf165.37 lane miles and 2U5,513VMT. Shown below, Figure S11 documents the capacity of Apache Junction's arterial road network. Apache Junction's arterial road network is designed to operate at Level of Service D or better. Based on data published by the Florida Department of Transportation, a mile segment of an arterial road operating at Level of Service D should maintain a daily volume ranging from 12,300 vehicles for a two-lane arterial without left-turn lanes (6,150vehides per lane) to 32,70U vehicles for a four-lane arterial with raised medians and left-turn lanes /8,175vehic|es per lane). Applying these capacities to Apache Junction's arterial road network shown in Appendix E generates arterial capacity of 1,059,803 vehicle miles of capacity (VMQ and a weighted average of6,4U9 vehicles per lane (1,059,803VMC / 165.37 arterial lane miles). As noted above, current daily volume on Apache Junction's arterial road network is approximately 205,5l3VMT.The resulting VMCtoVMT ratio is5.16(1,U59,803VK4C/305,G13VK4T).The baseline VK4C /VMT ratio for any incremental expansion method is 1.0 (i.e., VMC = VK4T); therefore, the current ratio of 5.16 exceeds the current LOS ensuring new capacity built with development fee funds will not exceed the current LOS. Figure 811'Arterial Network Capacity and Usage Total Arterial Lane Miles 165.37 ,059,803 Vehicle Miles of Capacity 77, Vehicle Miles of Travel 205,513 50 u ,�i-scmmm�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Arterial Improvemments-Kmcremmemtml Expansion Apache Junction provided a list of arterial improvements to use as a proxy for future growth-related arterial improvements. Based on the eligible cost of these projects (excludes the cost to repair or replace existing |anes),the weighted average cost is$1,O79,525 per lane mile ($111,Z67,879 eligible cost/59.20 lane miles). TischlerBise will apply the weighted average cost per lane mile to the projected demand for additional lane miles of arterial improvements over the next 10 years. Apache Junction may use development fees to construct the projects shown in Figure S12 or to construct other growth-related arterial improvements in the street facilities service area. Apache Junction should not use development fees to construct a developer's share of half-street improvements. Figure 812' Potential Arterial Improvements BaselineAvenue Meridian Driveto Ironwood Drive 4 Lanes 3 1.00 3.00 $6,000,000 BaselineAvenue Ironwood Drive-East Goldfield Road 5 Lanes 3 3.00 9.00 $16,000,000 7 Delaware Drive Superstition Blvd to Lost Dutchman 3 Lanes 1 0.90 0.90 $1,950,000 Goldfield Road Old West Hwy to Lost Dutchman 1 Lane 1 3.00 3.00 $3,600,000 GuadalupeAvenue Meridian Drive to Delaware Drive 4 Lanes 2 0.70 1.40 $2,689,697 Ironwood Drive Superstition Blvd to Lost Dutchman 3 Lanes 1 1.00 1.00 $1,700,000 Ironwood Drive Baseline Avenue to Elliot Avenue 6 Lanes 2 2.00 4.00 $7,224,243 Meridian Drive Lost Dutchman to ApacheTrail 3 Lanes 1 1.50 1.50 $2,550,000 Meridian Drive ApacheTrail to Southern Avenue 5 Lanes 3 1.50 4.50 $9,000,000 Meridian Drive Baseline Avenue to Houston Avenue New 6 Lanes 6 0.50 3.00 $4,768,044 Meridian Drive Elliot Avenueto GuadalupeAvenue New 6 Lanes 3 1.00 3.00 $5,331,497 Southern Avenue San Marcos to Idaho 5 Lanes 3 0.50 1.50 $3,000,000 Southern Avenue Meridian Drive to Delaware Drive 5 Lanes 3 0.50 1.50 $3,000,000 Southern Avenue Tomahawk to Old West Hwy New 3 Lanes 3 1.00 3.00 $6,000,000 Intersection Ironwood Drive&36th Avenue Traffic Signal 0 0.00 0.00 $1,000,000 Intersection Ironwood Drive&BaselineAvenue Traffic Signal 0 0.00 0.00 $1,000,000 Intersection Southern Avenue&Delaware Drive Traffic Signal 1 0 0.00 0.00 1 $1000000 Source:Apache Junction Public Works Department ��-�����muu�����w���� 51FISCAL I ECONOMIC I PLANNING �0 �� w Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona To allocate the proportionate share of demand for arterial improvements to residential and nonresidential development, this analysis uses trip generation rates, trip adjustment factors, trip length weighting factors, and average trip lengths shown in Figure S10.Apache Junction's existing LOS is 1.5604 lane miles per 10,000VMT (16537 lane miles / 5.16capacity ratio / (ZU5,5l3 VK4T / 10,000VK4T)\. Based on a weighted average cost of$1,879,5Z5 per lane mile, the arterial improvements cost is $293.28 per VMT (l6537 lane miles /5.16 capacity ratio /205,513VMTX$1,879,525 per lane mni|e). Figure 813'Arterial Level ofService 7EIigi ble Cost $711,267,879 Lane Mill es 59.20 17Lv77 7 Existing Lane Miles 165.37 5.16 32.07 Adjusted Lane Miles 77 Source:Apache Junction Public Works Department DeveIopmmem&FeeReport-Plam'Based The cost to prepare the Street Facilities lip and related Development Fee Report totals $18,720. Apache Junction plans to update its report every five years. Based on this cost, proportionate share,and five-year projections of new residential and nonresidential development from the Land Use Assumptions document,the cost is$1.23 per VMT. Figure 814' lip and Development Fee Report mmm Library $5,900 Residential 97% Peak Population 13,310 $0.43 Parks and $15,100 Residential 97% Peak Population 2,314 $6.33 Police $10,000 Residential 80% Peak Population 13,310 $0.60 52 p ,�iscmum�����«_ �� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona PROJECTED DEMAND FOR SERVICES AND COSTS ARS §9-463.05(E)(5) requires: "The total number of projected service units necessitated bv and attributable to new development in the service area based on the approved land use assumptions and calculated pursuant to generally accepted engineering and planning criteria. , ARS §9-46lU5(E)(6) requires: "The projected demandfor necessary public services orfacility expansions required by new service units for o period not to exceed ten yeors." As shown in the Land Use Assumptions document,Apache Junction's housing stock in the street facilities service area is expected to increase by2,l73 units and nonresidential floor area is expected to increase by 1,311,000 square feet over the next 10years. Based on the trip generation factors discussed in this section, projected development generates an additional 30,240 VMT over the next 10 years.Shown below in Figure S15, Apache Junction will need to construct approximately 4.7 lane miles of arterial improvements over the next 1U years to maintain the existing levels of service. The growth-related cost of the Street Facilities ||P is $8,868,716 for arterial improvements ($1,879,525 per lane mile X 4.7 lane miles). Figure 81S' Projected Trawe| Oernand 0. cu 53 i-����xmu�����»�K �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona STREET FA�ILOJEs DEVELOPMENT FEES � Revenue Credit/Offset A revenue credit/offset is not necessary for street facilities development fees, because costs generated by projected development exceed revenues generated by projected development. Appendix A contains the forecast of revenues required by Arizona's Enabling Legislation /ARS§9-463.U5(E)(7)\. Street Facilities Development Fees Infrastructure components and cost factors for street facilities are summarized in the upper portion of Figure S16.The cost per service unit for street facilities is$294.51 per VIVIT. Street facilities development fees for residential development are assessed according to VIVIT generated per housing unit. For example, the fee of $3,Z50 for a single-family unit is calculated using cost per service unit of$294.51 per VIVIT multiplied by a demand unit of 11.04 average weekday VIVIT per unit. Nonresidential development fees are calculated using VMT as the service unit.The fee of$0.92 per square foot of industrial development is derived from a cost per service unit of$294.51 per VMT, multiplied by a demand unit of 3.12 average weekday VIVIT per 1,000 square feet,divided by 1,000.The fee of$1,545 per room of lodging development is derived from a cost per service unit of$294.51 per VIVIT, multiplied by a demand unit of5.25 average weekday VIVIT per room. Figure 81G'Street Facilities Development Fees Emm Arterial Improvements $293.28 Development Fee Report $1.23 Total 7 $294.51 Residential Fees per Unit e 7ly rea oniial Vehicle $2,117 ($338) Nonresidential Fees per Square Foot 1.See Land Use Assumptions 54 m ,�i-scwmm�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona STREET FACILIJIEs DEVELOPMENT FEE REVENUE Appendix A contains revenue forecasts required by Arizona's Enabling Legislation (ARS § 9-463.05(E)(7)). Projected fee revenue shown in Figure S17 is based on the development projections in the Land Use Assumptions document and the updated street facilities development fees. If development occurs faster than projected, the demand for infrastructure will increase along with development fee revenue. If development occurs slower than projected,the demand for infrastructure will decrease and development fee revenue will decrease at a similar rate. Projected development fee revenue equals approximately $8,887,428, and projected expenditures equal $O,887,436. Figure 817'Street Facilities Development Fee Revenue 7 1 Total $8,887,436 $0 $8,887,4.736 mmmimim �� ��- � �� m �����wvnK�����n���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona MM ARS§9-463.05(E)(7) requires: "A forecast of revenues generated by new service units other than development fees, which shall include estimated state-shared revenue, highway users revenue,federal revenue, ad valorem property taxes, construction contracting or similar excise taxes and the capital recovery portion of utility fees attributable to development based on the approved land use assumptions, and a plan to include these contributions in determining the extent of the burden imposed by the development as required in subsection B, paragraph 12 of this section." ARS§9-463.05(B)(12) states, "The municipality shall forecast the contribution to be made in the future in cash or by taxes, fees, assessments or other sources of revenue derived from the property owner towards the capital costs of the necessary public service covered by the development fee and shall include these contributions in determining the extent of the burden imposed by the development. Beginning August 1, 2014,for purposes of calculating the required offset to development fees pursuant to this subsection, if a municipality imposes a construction contracting or similar excise tax rate in excess of the percentage amount of the transaction privilege tax rate imposed on the majority of other transaction privilege tax classifications, the entire excess portion of the construction contracting or similar excise tax shall be treated as a contribution to the capital costs of necessary public services provided to development for which development fees are assessed, unless the excess portion was already taken into account for such purpose pursuant to this subsection." REVENUE PROJECTIONS Apache Junction does not have a higher-than-normal construction excise tax rate;therefore,the required offset described above is not applicable. Shown in Figure Al, Apache Junction provided the required forecast of non-development fee revenue from identified sources that can be attributed to future development over a period of five years.These funds are available for capital investments; however, the City of Apache Junction directs these revenues to non-development fee eligible capital needs including maintenance, repair, and replacement. Figure Al: Revenue Projections General Fund $34,555,318 $38,752,777 $39,915,360 $41,112,821 $42,346,206 $43,616,592 Highway Users Revenue Fund $6,534,373 $5,447,345 $5,610,765 $5,779,088 $5,952,461 $6,131,035 Street Projects Sales Tax Fund $1,348,298 $1,460,480 $1,504,294 $1,549,423 $1,595,906 $1,643,783 Lighting District Fund $59,000 $59,000 $59,000 $59,000 $59,000 $59,000 Grants Fund $390,159 $1,365,000 $1,405,950 $1,448,129 $1,491,572 $1.536,320 Senior Services Fund $239,1861 $120,0001 $123,6001 $127,3081 $131,127 $135,061 Library Fund $69,063 $15,0001 $15,0001 $15,0001 $15,000 $15,000 Total $43,195,397 ; $47,219,6021 $48,633,970 $50,090,7691 $51,591,272 $53,136,790 1.City of Apache Junction,Arizona 56 TischlerBise FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona As stated in Arizona's development fee enabling legislation, "a municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development, including the costs of infrastructure, improvements, real property,engineering and architectural services, financing and professional services required for the preparation or revision of a development fee pursuant to this section, including the relevant portion of the infrastructure improvements plan" (see AR5 § 9' 463.05.A\. 8eoausedeve|opmentfeesmustbeupdatedat |easteveryfiveyears, therostufprofessional services is allocated to the projected increase in service units, over five years (see Figure B1). Qualified professionals must develop the ||P, using generally accepted engineering and planning practices. A qualified professional is defined as "a professional engineer, surveyor, financial analyst or planner providin0servicesvvithinthesoopeuftheperson's |icense, eduoationorexperience". Figure 01:Cost mf Professional Services MIMI , EM Library $5,900 Residential 97% Peak Population 13,310 $0.43 Parks and $15,100 Residential 97% Peak Population 2,314 $6.33 Police $10,000 Residential 80% Peak Population 13,310 $0.60 57 i-����� wn�������� �� use Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RESIDENTIAL DEVELOPMENT Aa discussed below, residential development categories are based on data from the U.S. Census Bureau, American Community Survey. Development fees will be assessed to all new residential units. One-time development fees are determined by site capacity(i.e., number of residential units). Single Family: l. Single-family detached is a one-unit structure detached from any other house,that is, with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage.A one-family house that contains a business is considered detached if the building has open space on all four sides. Z Single-family attached (townhouse) is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is separate, attached structure if the dividing or common xva||goes from ground to roof. 3. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have been added. Mobile homes used only for business purposes or for extra sleeping space and mobile homes for sale on a dealer's lot,at the factory,or in storage are not counted in the housing inventory. Multi-Family: 1. Includes units in structures containing two or more housing units,further categorized as units in structures with "2, 3or4, Gto9, 1Uto19, lUto49, and 50or more apartmnents." Recreational Vehicle: l. Includes any living quarters occupied as a housing unit that does not fit the other categories(e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats vans, railroad cars, and the like are included only if they are occupied as a current place of residence. 58 m ,�i-scwmm�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona NONRESIDENTIAL DEVELOPMENT The proposed general nonresidential development categories (defined below) can be used for all new construction. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and employment densities (i.e.,jobs per thousand square feet of floor area\. Assisted Living: Establishments primarily providing either routine general protective oversight,assistance with activities necessary for independent living to mentally or physically limited persons, or establishments providing care for persons who are unable to care for themselves. By way of example, Assisted Living includes assisted living facilities, nursing homes, rest homes, chronic care homes, and convalescent homes. Commercial: Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. Dy way ofexample, oornnnerda| includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, and movie theaters. Industrial: Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, industrial includes manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings. Institutional: Public and quasi-public buildings providing educational, social assistance, or religious services. By way ofexample, institutional includes schools, universities, churches, daycare facilities, and government buildings. Lodging:A place uf lodging that provides sleeping accommodations and may include supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities (pool,fitness room, etc.), and/or other retail and service shops. Office and Other Services: Establishments providing management, administrative, professional, or business services;personal and health care services. By way of example,Office and Other services includes banks, business offices, hotels and motels, and hospitals. 59 i-����muv�����v�0 �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Arizona's Development Fee Act requires the preparation of Land Use Assumptions, which are defined in Arizona Revised Statutes§9-463.UG(T)(6) as: "projections of changes in land uses, densities, intensities and population for a specified service area over o period ufotleast ten years and pursuant to the General Plan uf the municipality., The estimates and projections of residential and nonresidential development in this Land Use Assumptions document are for all areas within Apache Junction.The current demographic estimates and future development projections will be used in the Infrastructure Improvements Plan (||P) and in the calculation of development fees. Current demographic data estimates for 2021 are used in calculating levels of service(LOS)provided to existing development in Apache Junction.Arizona's Enabling Legislation requires fees to be updated at least every five years and limits the IIP to a maximum of 10 years. The Infrastructure Improvements Plan and the Development Fee Report include two service areas. The citywide service area, shown in Figure D1, includes all areas of Apache Junction.This service area is used for the Library Facilities ||P and the Police Facilities ||P. The second service area excludes the Auction Property, known as Superstition Vistas, due to the terms of Development Agreement for Superstition Vistas (October 2021). This service area, shown in Figure D2, is used for the Parks and Recreational Facilities ||P and the Street Facilities ||P. SUMMARY OF GROWTH INDICATORS � � Key land use assumptions include population, housing units, and employment projections. Based on discussions with staff,TischlerBise projects development based on a combination of Maricopa Association of Governments (MAG) projections and staff recommendations based on recent and planned development. For the Auction Property, the analysis uses development projections included in the Auction Property Master Planned Community Plan. Development projections are summarized in Figure D16. These projections will be used to estimate fee revenue and to indicate the anticipated need for growth-related infrastructure. However, development fee methodologies are designed to reduce sensitivity to development projections in the determination of the proportionate share fee amounts. If actual development occurs at a slower rate than projected, fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development occurs at a faster rate than anticipated, fee revenue will increase, but Apache Junction will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. During the next 10yeans, residential development projections indicate population increase of3(l271 persons in 13,113 housing units, and nonresidential development projections indicate an employment increase of 3,828 jobs in approximately 1,755,000 square feet of floor area. 60 u ,�i-scmmm�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Figure D1: Citywide Service Area trfarusopa County /i $ ont t'lona 7 &orc' ................................ t �� Casg��rstttrar�t�°Ydcl erws A,�e��;.. 0' F »� al W t r M �, .. ,�.-,.,Apache,.,,-, wn n Junction i7 ,,, i.k.�.. .,,,» �v. t f vim, M� u,, ,e ,. {r �.a.,j f ,,. f... i t 4. Gold Canyon t r./ rA community ' J'IA v,,., \ E2 F � � 3 ESA r � I t t� 11 t 7 ti UkEN CREEK v It LEGEND Municipal Boundary National Forest Other Municpal Boundaries N Pinal County Island Wilderness Area Mesa County Boundary Airport Boundary Queen Creek April 06,2022 0 10,000 20,000 Feet Ti—sc--h�-ler-ftise 61 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Figure D2:Auction Property ,j 7117�— Ptferiropa�s�crnty �, ! ,', Prrsal Cntfg aa/ Tonto r Natiorl i Isuprtafa tm N#s z , sSr I Apache. 1 Jun' tionry t { ! ,,...u.Y 11 „wm. . .r wI NO.� ,u, Gold Canyon { Community a 262 MESA ,, i I I 24 o m � re� LEGEND r + ® Municipal Boundary National Forest Other Municpal Boundaries N 1� �t } !rf Pinal County Island - Wilderness Area Mesa �."°"`' County Boundary Airport Boundary Queen Creek April 0g 2022 tr'(i'r yr Auction Property 0 10,000 20,000 Feet 62 1 FISCAL I ECONOMIC PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona RESIDENTIAL DEVELOPMENT This section details current estimates and future projections of residential development including population and housing units. Recent Residential Construction Capacity fees require an analysis of current levels of service. For residential development, current levels of service are determined using estimates ofpopulation and housing units. Shown below, Figure D3 indicates the estimated number uf housing units added bydecade according to data obtained from the U.S. Census Bureau. In the previous decade, Apache Junction's housing stock grew by an average of 472 units per year. Figure 03' Housing Units by Decade Housing Units Added by Decade in Apache Junction 7,000 4,000 ---------------------- 0 -4 Source: U.S. Census Bureau,2O15-ZO19American Community Survey 5-Year Estimates. 63 .�- �� �� w �����» ua�����n���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Occupancy Factors According tothe U.S. Census Bureau, p a household is a housing unit occupied by year-round residents. Development fees often use per capita standards and persons per housing unit (PPHU) or persons per household (PPH) to derive proportionate share fee amounts. When PPHU is used in the fee calculations, infrastructure standards are derived using year-round population. When PPH is used in the fee calculations, the development fee methodology assumes a higher percentage of housing units will be occupied,thus requiring seasonal or peak population to be used when deriving infrastructure standards. Because of the seasonal nature of the Apache Junction's population, Tlsoh|erBise recommends that development fees for residential development be imposed according tothe number of persons per household. Occupancy calculations require data on population and the types of units by structure. The 2010 census did not obtain detailed information using a "long-form" questionnaire. Instead, the U.S. Census Bureau switched to a continuous monthly mailing of surveys, known as the American Community Survey (AC5), which has limitations due to sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses, which share common sidewall, but are constructed on an individual parcel of land). For development fees in Apache Junction, detached units, attached units, and mobile home units are included in the "Single-Family" category.The second residential category includes duplexes and all structures with two or more units on an individual parce|of|and.Thiscate8oryisrefernedtoms"Mu|ti'Fanoi|y."Thethirdresidentia|oateQory,vvhichindudes recreational vehicles, is referred to as "RV." Figure D4 below shows the occupancy estimates for Apache Junction based on 2015-2019 American Community Survey 5'Year Estimates. Single-family units averaged 2.37 persons per household, multi- family units averaged 1.86 persons per household, and RV units averaged 1.83 persons per household. The average occupancy in Apache Junction was 2.30 persons per household.The estimates shown below are used only to calculate occupancy factors and may not match population and housing unit estimates shown throughout this report. Figure 04' Occupancy Factors ME Total 40,433 17,606 2.30 22,863 1.77 100.0% 22799% Source:U.S.Census Bureau,2015-2019 American Community Survey 5-Year Estimates. 1. Includes detached,attached(i.e.»nwnhouses)'and mobile home units. Z. Includes dwellings in structures with two or more units. 64 u .�iscmmw�����m- �� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Residential Estimates For 2020,data published by the U.S.Census Bureau includes 38,499 persons living in 17,052 housing units citywide. The 2020 estimate represents residential development outside of the Auction Property. The Auction Property is currently undeveloped. Figure 0S: 2020 Census Estimates 7 Eli op Source:u.s.Census Bureau,2n2n MAG estimates for 2U20 include 5,245 seasonal residents. Based on discussions with staff, this analysis assumes the seasonal population will remain stable over the next 10 years. For 2020,the peak population in Apache Junction is43,744 persons(38,499 resident population+5,245 seasonal popu|ation). Residential Projections Population and housing unit projections are used to illustrate the possible future pace of service demands, revenues,and expenditures.To the extent these factors change,the projected need for infrastructure will also change. |f development occurs at more rapid rate than projected, the demand for infrastructure will increase at a corresponding rate. |f development occurs at m slower rate than projected,the demand for infrastructure will also decrease. Tisch|er8ise projects residential development outside of the Auction Property using staff recommendations from recent and planned development. For the Auction Property,TischlerBise projects residential development using housing unit projections included in the Auction Property Master Planned Community Plan (October 2021). For this study, the analysis assumes the occupancy factors shown in Figure D4 will remain constant throughout the 10-year projection period. 6� .�- �� �� w �����» ua�����n���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Outside of Auction Property Tisoh|er8ise projects residential development outside of the Auction Property based on recent development trends and approved/planned development in the pipeline.Over the next 10 years,Apache Junction staff expect 1,134 single-family units, 1,039 multi-family units, and no additional RVs. To convert housing units to population, occupancy factors shown in Figure D4 are applied to the housing unit projections shown in Figure D6. For example, the 10'year increase of 1,134 single-family units multiplied by 2.37 persons per household equals 2,688 persons in new single-family units. Based on these assumptions,the 10-year projections include an increase of 4,620 persons and 1,173 housing units. Figure 0G' Residential Projections—OutsideofA'uctionPmoperty Peak Population 44,205 44,667 45,131 45,594 46,058 46,519 48,82574,620 Housing Units 7 Auction Property For the Auction Property, Usnh|erBise projects residential development using housing unit projections included in the Auction Property Master Planned Community Plan (October 2021). The 10'year projections include an increase ofI5,651 persons and 10,940housing. Figure 07: Residential Projections—AucUmnPropertV Housing Units _7 7 66 p `�isc* mm�����w- �N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona NONRESIDENTIAL DEVELOPMENT This section details current estimates and future projections of non residentia I development including jobs and nonresidential floor area. Nonresidential Square Footage Estimates Tisch|er8ise uses the term jobs to refer to employment by place of work. In Figure D8, gray shading indicates the nonresidential development prototypes used by Tisoh|erBise to derive employment densities. For nonresidential development,TischlerBise uses data published in Trip Generation, Institute of Transportation Engineers, 11th Edition (3021). The prototype for industrial development is Light Industrial ATE 110\ has 637 square feet of floor area per employee. Institutional development uses Hospital UTE 610> and has 350 square feet of floor area per employee. For office Q' other services development,the proxy is General Office (ITE 710); it has 307 square feet of floor area per employee.The prototype for commercial development is Shopping Center (ITE 820) which has 471 square feet of floor area per employee. Figure 08' Nonresidential Demand Units "Light c,Ft q , _0,4,S 1.I1ip Generation,Institute nf Transportation Engineers,znh Edition(2n2z). 6� .�- �� �� w �����» ua�����n���� Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Nonresidential Estimates TischlerBise uses the term jobs to refer to employment by place of work.Shown below in Figure D9, 2020 MAG estimates for Apache Junction equal 6,354 jobs. Applying the employment multipliers shown in Figure D8to employment estimates shown in Figure D9 results in a nonresidential floor area estimate of 2,687,081 square feet.The 2020 estimates represent nonresidential development outside of the Auction Property.The Auction Property is currently undeveloped. Figure 09' Nonresidential Estimates Iffl! mm z. Kxahcopa Association ofGovernments. 2.Trip Generation,Institute of Transportation Engineers,11th Edition(2021). ITisch|eroise calculation(2U2Ojobox square feet pe,]ob). 4. Major sectors are Transportation&Warehousing; Manufacturing. 5. Kxa]orsectoo are Retail;Accommodation&Food Services. 6. N1a]orseuoo are Real Estate,Rental&Leasing;Other5emices. 7. Kxa]orsectuo are Health Care;Public Administration. Nonresidential Projections Employment and floor area projections are used to illustrate the possible future pace of service demands, revenues,and expenditures.To the extent these factors change,the projected need for infrastructure will also change. If development occurs at a more rapid rate than projected, the demand for infrastructure will increase at a corresponding rate. |f development occurs at m slower rate than projected,the demand for infrastructure will also decrease. Based on discussions with Apache ]unction staff, Tisoh|erBise projects nonresidential development outside of the Auction Property based on W1AG employment projections. For the Auction Property, Tisch|erBise projects nonresidential development using nonresidential floor area projections included in the Auction Property Master Planned Community Plan (October 20%1\. 68 m ,�i-scnww�����n�� �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Outside of Auction Property To project nonresidential development from 2021throu8h 3031, Tisnh|erBise uses M4G employment projections for 2020, 2025, 2030, and 2035.To project interim years,the five-year increase is distributed equally. For example, dividing the five-year increase of 438 industrial jobs(1,329 industrial jobs in 2025— 891 industrial jobs in 2020) by five results in an average annual increase of approximately 88 industrial jobs. Adding those 88jobs to the IU%O estimate of891 industrial jobs results in a 2021 estimate uf979 industrial jobs. To convert employment to floor area, employment multipliers shown in Figure D8 are applied to the employment projections shown in Figure D10. For example, the 10'year increase of76l industrial jobs multiplied by 637 square feet per job equals approximately 485,000 square feet of industrial floor area. Based on these assumptions, the 10'yeor projections include an increase ufZ,8O7jobs and 1,311,000 square feet of nonresidential floor area. Figure010: Nonresidential Projections—OutyidemfAuu±ionPropertV Outside of Auction Property MMEMEM11=EMMM I Employment ... 7 7, Nonres.Floor Area(x1,000) 69 i-����wum�����n�D �� wse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Auction Property For the Auction Property, Tisnh|erBise projects nonresidential development using floor area projections included in the Auction Property Master Planned Community Plan (October 2021). The 10'year projections include an increase of approximately 443,000 square feet of commercial development within development units 1 and 2. The master plan projects future industrial, office, and institutional development in phases beyond development units 1 and 2 (the Retained Property). To convert floor area to employment,employment multipliers shown in Figure D8 are applied to the floor area projections shown in Figure D11. For example,the 10-year increase of approximately 443,000 square feet of oononoerda| floor area divided by 471 square feet per job equals approximately 941 oonnnoerda| jobs. Based on these assumptions, the 10'year projections include an increase of 941 jobs and approximately 443,00U square feet of nonresidential floor area. Figure011: Nonresidential Projections—Auct|onPnoperty Employment 7.,o, 7. o, Nonres.Floor Area(x1,000) 70 - `� wi ��n�N����wmm����� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona AVERAGE WEEKDAY VEHICLE TRIPS Apache will use average weekday vehicle trips (4VVVT) for police facilities fees. Components used to determineAVVVT include average weekday vehicle trip generation rates, adjustments for commuting patterns, and adjustments for pass-by trips. Residential Trip Generation Rates As an alternative to simply using the national average trip generation rate for residential development, the ITE publishes regression curve formulas that may be used to derive custom trip generation rates,using local demographic data. Key independent variables needed for the analysis (i.e, vehicles available, housing units, households, and persons) are available from American Community Survey data. Shown below,single-family units generate 8.42 average weekday vehicle trip ends per unit,and multi-family units generate 4.61 average weekday vehicle trip ends per unit. Figure 012:Average Weekday Vehicle Trip Ends byHousing Type Households by Structure Type�l sm 1== - I Imm z.mmmesavaoau|euv ten urefmm Tab|eaxsoos'American commun/tvsumey'uozs'zo1ss-,m,Estimates. 2.xou,exo Ids uv ten um and uo its m,trvcmrermm Tab|emsna2'American communiwsumey'znzs'2ozos'xa,Estimates. 3.Housing units from Table B25024,American Community Survey,2015-2019 5-Year Estimates. 4.Total population in households from Table B25033,American Community Survey,2015-2019 5-Year Estimates. 5.Vehicle trips ends based on persons using formulas from Trip Generation(ITE 2021).For single-family housing(ITE 210),thefitted curve equation is EXP(O.89*LN(persons)+1.72).To approximatethe average population of the ITE studies,persons were divided by 65 and the equation result multiplied uvss.For multi-family housing(/nc2z1)'the fitted curve equation/,(z.2y^nenvns)-s4.4o<xszoo>. a.Vehicle trip ends based on vehicles available using formulas from Trip Generation(ITE 2021).For single-family housing(nsazo).the fitted curve equation is EXP(0.92*LN(vehicIes)+2.68).To approximatethe average number of vehicles in the ITE studies,vehicles available were divided by 97 and the equation result multiplied by 97.For multi-family housing(ITE 221),the fitted curve equation is (*.7/~mhic|ey)'46x6(nr2021). r.Irip Generation,Institute m Transportation Engineers,oth Edition(zozz). 71 i-����« *u�����n�U �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Nonresidential Trip Generation Rates For nonresidential devdopnnentDsoh|erBise uses trip generation rates published in Trip Generation Institute of Transportation Engineers, 11th Edition (2021). The prototype for industrial development is Light Industrial (ITE 110) which generates 4.87 average weekday vehicle trip ends per 1,000 square feet of floor area. Assisted living development uses Assisted Living (|TE 254) as a proxy and generates 2.60 average weekday vehicle trip ends per bed. For lodging development, the proxy is Hotel (ITE 310), and this type of development generates 7.99 average weekday vehicle trip ends per room. Institutional development uses Hospital (|TE 610) and generates 10.77 average weekday vehicle trip ends per 1,000 square feet of floor area. For office fk other services development, the proxy is General Office (ITE 710), and it generates 10.84 average weekday vehicle trip ends per 1,000 square feet of floor area. The prototype for commercial development is Shopping Center /|TE 820\ which generates 37.01 average weekday vehicle trips per 1,U00 square feet of floor area. Figure 013:Average Weekday Vehicle Trip Ends bv Land Use --------------------------------------- "110 PLUight Industrial 1,000 Sq Ft 4.87 3.10 1.57 637 1.Trip Generation,Institute of Transportation Engineers,11th Edition(2021). 72 p `�i-scmnm�����n�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Trip Rate Adjustments To calculate average weekday vehicle trips, trip generation rates require an adjustment factor to avoid double counting each trip at both the origin and destination points.Therefore,the basic trip adjustment factor is50 percent. As discussed further in this section, the development fee methodology includes additional adjustments to make the fees proportionate to the infrastructure demand for particular types of development. Commuter Trip Adjustment Residential development has a larger trip adjustment factor of64 percent to account for commuters leaving Apache Junction for work.According to the 2009 National Household Travel Survey(see Table 30) weekday work trips are typically 31 percent of production trips (i.e, all out-bound trips, which are 50 percent of all trip ends).As shown below,the U.S. Census 8ureau's OnTheMmp web application indicates 92 percent of resident workers traveled outside of Apache Junction for work in 2018. In combination, these factors(0.31 x 0.50 x 0.92=0.14)support the additional 14 percent allocation of trips to residential development. Figure014:Commuter Trip Adjustment 7 Employed Residents 714,729 Residents Commuting Outside Apache Junction forWork 13,522 tCommutingout of Apache Junction 77 2 . �- 1.U.S.Census Bureau,OnTheMap Application(version 6.8)and LEH D Origin-Destination Employment Staustics'zo1o. 2.According to the National Household Travel Survey(2009)*,published in December 2011(see Table 30),home-based work trips are typically 30.99 percent of"production"trips,in other words,out-bound trips(which are 50 percent of all trip ends),Also,LED OnTheMap data from 2018 in dicateth at 92 percent of Apache Junction's workers travel outside the city for work.In combination,these factors(0.3099 x 0.50 x 0.92=0.14)account for 14 percent of additional production trips.Thetotal adjustment factor for residential includes attraction trips(50 percent oftrip ends)plus thejourney-to-work commuting adjustment(z4 percent o,production trips)for a total ors4percent. ^xup://nms.vm|.gowpvmications.mtm|;Summary or Travel Trends Table"Daily Travel Statistics uy Weekday vs.Weekend" Adjustment for Pass-By Trips For commercial and institutional development,the trip adjustment factor is less than 50 percent because these types of development attract vehicles as they pass by on arterial and collector roads. For example, when someone stops at a convenience store on the way home from work, the convenience store is not the primary destination. For the average shopping center, |TEdata indicate 34 percent of the vehicles that enter are passing by on their way to some other primary destination. The remaining 66 percent of attraction trips have the commercial site as their primary destination. Because attraction trips are half of all trips,the trip adjustment factor is 66 percent multiplied by 50 percent,or approximately 33 percent of the trip ends. 73 i-����om������o�� �� mse Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Average Weekday Vehicle Trips Shown below, multiplying average weekday vehicle trip ends and trip adjustment factors (discussed on the previous page)byApache Junction's existing development units provides the average weekday vehicle trips generated by existing development. As shown below, Apache Junction's existing development generates 1U7,806 vehicle trips onan average weekday. Figure01G:Average Weekday Vehicle Trips b*Land Use e 7reaoniial Vehicle HU 260 4.61 64% 638 1,882 Total 107,806 74 u `�i-scn �w�����m�N �� se Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona DEVELOPMENT PROJECTIONS Provided below is a summary of development projections used in the Development Fee Report. Base year estimates for 2021 are used in the fee calculations. Development projections are used to illustrate a possible future pace of demand for service units and cash flows resulting from revenues and expenditures associated with those demands. TischlerBise uses the development projections shown below in the Library Facilities IIP and the Police Facilities IIP. Figure D16: Development Projections Summary ApacheJunction Base Year 1 2 3 4 5 6 7 8 9 10 Peak Population 44,205 44,667 47,334 50,729 54,123 57,516 60,908 64,300 67,692 71,084 74,476 30,271 Housing Units Single Family 14,919 15,033 16,040 17,342 18,644 19,945 21,246 22,547 23,848 25,149 26,450 11,531 Multi-Family 1,712 1,815 1,966 2,132 2,298 2,464 2,630 2,796 2,962 3,128 3,294 1,582 Recreational Vehicle 638 638 638 6381 638 638 638 6381 638 638 638 0 Total 17,269 17,486 18,644 20,112 21,580 23,047 24,514 25,981 27,448 28,915 30,382 13,1131 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,480 1,555 1,631 1,706 1,740 761 Commercial 2,462 2,563 2,664 2,765 2,866 3,129 3,392 3,655 3,918 4,181 4,418 1,956 Office&Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,449 2,530 2,612 2,693 2,850 9371 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,394 1,412 1,431 1,450 1,471 174 Total 6,651 6,947 7,244 7,540 7,837 8,276 8,714 9,153 9,591 10,030 10,479 3,828 Nonres.Floor Area(x1,000) Industrial 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,474 1,598 1,721 1,845 1,969 2,081 921' Office&Other Services 587 616 644 673 702 727 752 777 802 827 875 288 Institutional 454 4591 4641 4691 475 481 488 4941 501 508 515 61_' Total 2,824 2,961 3,099 3,236 3,373 3,576 3,780 3,983 4,187 4,390 4,579 1,755 75 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Outside of Auction Property TischlerBise uses the development projections shown below in the Parks and Recreational Facilities IIP and the Street Facilities IIP. Figure D17: Development Projections Summary Outside of Auction Property Base Year 1 2 3 4 5 6 7 8 9 748,825 0 Peak Population 44,205 44,667 45,131 45,594 46,058 46,519 46,980 47,442 47,903 480364 4,620' Housing Units Single Family 14,919 15,033 15,147 15,261 15,375 15,488 15,601 15,714 15,827 15,940 16,053 ;1,134' Multi-Family 1,712 1,815 1,919 2,023 2,127 2,231 2,335 2,439 2,543 2,647 2,751 1,039' Recreational Vehicle 6381 638 638 638 6381 638 638 638 6381 638 638 0 Total 17,269 17,486 17,704 17,922 18,140 18,357 18,574 18,791 19,008 19,225 19,442 2,173 Employment Industrial 979 1,066 1,154 1,241 1,329 1,404 1,480 1,555 1,631 1,706 1,740 761' Commercial 2,462 2,563 2,664 2,765 2,866 2,972 3,078 3,184 3,290 3,396 3,477 1,015' Office&Other Services 1,912 2,006 2,099 2,193 2,286 2,367 2,449 2,530 2,612 2,693 2,850 937 Institutional 1,298 1,312 1,327 1,341 1,356 1,375 1,394 1,412 1,431 1,450 1,471 174'' Total 6,651 6,947 7,244 7,540 7,837 8,119 8,400 8,682 8,963 9,245 9,538 2,887' Nonres.Floor Area(x1,000) Industrial 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485 Commercial 1,160 1,207 1,255 1,302 1,350 1,400 1,450 1,500 1,550 1,600 1,637 478 Office&Other Services 587 616 644 673 702 727 752 777 802 827 875 288 Institutional 4541 4591 4641 4691 4751 481 4881 4941 5011 5081 5151 61 Total 2,8241 2,9611 3,0991 3,2361 3,3731 3,502 36321 3,7611 3,8911 4,0201 4,136 _ 1,311 76 FISCAL I ECONOMIC FLAWNG Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Auction Property Figure D18: Development Projections Summary Auction Property Base Year 1 2 3 4 5 6 7 8 9 725,651 0 Peak Population 0 0 2,204 5,135 8,066 10,996 13,927 16,858 19,789 22,720 25,651 Housing Units Single Family 0 0 893 2,081 3,269 4,457 5,645 6,833 8,021 9,209 10,397 10,397' Multi-Family 0 0 47 109 171 233 295 357 419 481 543 543! Recreational Vehicle 01 0 0 0 01 0 0 0 01 0 0 0 Total 0 0 940 2,190 3,440 4,690 5,940 7,190 8,440 9,690 10,940 10,940 Employment Industrial 0 0 0 0 0 0 0 0 0 0 0 0' Commercial 0 0 0 0 0 157 314 471 628 785 941 941 Office&Other Services 0 0 0 0 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 0 0 0' Total 0 0 0 0 0 157 314 471 628 785 941 941' Nonres.Floor Area(x1,000) Industrial 0 0 0 0 0 0 0 0 0 0 0 0 Commercial 0 0 0 0 0 74 148 222 296 370 443 443 Offce&Other Services 0 0 0 0 0 0 0 0 0 0 0 0 Institutional 0 0 0 0 0 0 0 0 0 0 0 0 Total 1 0 0 0 0 0 74 148 222 296 370 443 443 77 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Average Weekday Vehicle Trips Figure D19:Average Weekday Vehicle Trips Summary ® r Apache Junction,Arizona 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Single Family Units 14,919 15,033 16,040 17,342 18,644 19,945 21,246 22,547 23,848 25,149 26,45 111,531 c , Multi-Family Units 1,712 1,815 1,966 2,132 2,298 2,464 2,630 2,796 2,962 3,128 3,294 1,582 Recreational Vehicle Units 638 638 638 638 638 638 638 638 638 638 638 0' 0 Industrial KSF 623 679 735 791 847 895 943 991 1,039 1,087 1,108 485i 0 a� a Commercial KSF 1,160 1,207 1,255 1,302 1,350 1,474 1,598 1,721 1,845 1,969 2,081 921 Office&Other Services KSF 587 616 644 673 702 727 752 777 802 827 875 288 Institutional KSF 454 459 464 469 475 481 488 494 501 508 515 61 Single-Family Trips 80,396 81,010 86,436 93,453 100,469 107,480 114,490 121,501 128,512 135,523 142,534 62,138 o Multi-Family Trips 5,051 5,355 5,800 6,290 6,780 7,270 7,760 8,249 8,739 9,229 9,719 4,668'. ar , Recreational Vehicle Trips 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 1,882 0 Residential Trips 87,329 88247 ;94,119 101,625 109,131 116,632 124,132 131,633 139,134 146,634 154,135 66,806 Industrial Trips 1,518 1,654 1,790 1,926 2,061 2,178 2,295 2,412 2,529 2,646 2,699 1,181 Commercial Trips 14,163 14,744 15,325 15,906 16,487 17,999 19,511 21,024 22,536 24,048 25,414 11,252 Office&Other Services Trips 3,182 3,338 3,493 3,648 3,804 3,939 4,075 4,210 4,346 4,481 4,742 1,560 Institutional Trips 1,6141 1,6321 1,6501 1,6691 1,6871 1,7101 1,7341 1,7571 1,7801 1,8041 1,8301 16 d Nonresidential Trips 20,477 21367 22,258 23,148 24,039 25,827 27,615 29,403 31,191 32,9791 34,685 14,209 Total Vehicle Trips 107,8061 109,6141 116,3771 124,773 133,1701 142,4581 151,7471 161,0361 170,3241 179,6131 188,8201 81,014 78 FISCAL 7 ECONOMIC s FLAWNG Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona 7W 16thAve Cedar Dr to Delaware Dr 0.40 3.0 1.20 953 381 15,400 6,160 16th Ave Delaware Dr to Ironwood Dr 0.50 3.0 1.50 1,233 617 15,400 7,700 16th Ave Ironwood Dr to Idaho Rd 1.00 3.0 3.00 1,996 1,996 15,400 15,400 Apache Trail Meridian Dr.to Delaware Dr. 0.50 6.0 3.00 9,695 4,848 49,200 24,600 Apache Trail Delaware Dr. to Ironwood Dr. 0.50 6.0 3.00 10,392 5,196 49,200 24,600 Apache Trail Ironwood Dr. to Phelps 0.75 6.0 4.50 11,901 8,926 49,200 36,900 Baseline Ave W City limit to Ironwood Dr 0.80 2.0 1.60 5,626 4,501 12,300 9,840 Baseline Ave Ironwood Dr to Idaho Rd 1.00 2.0 2.00 3,640 3,640 12,300 12,300 Baseline Ave Idaho Rd to Tomahawk Rd 1.00 2.0 2.00 2,797 2,797 12,300 12,300 Baseline Ave Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 2,739 2,739 12,300 12,300 Broadway Ave Meridian Dr to Delaware Dr 0.50 5.0 2.50 5,572 2,786 31,100 15,550 Broadway Ave Delaware Dr to Ironwood Dr 0.50 5.0 2.50 5,271 2,636 31,100 15,550 Broadway Ave Ironwood Dr to Idaho Rd 1.00 5.0 5.00 4,555 4,555 31,100 31,100 Broadway Ave Old West Highway to Tomahawk Rd 0.50 2.0 1.00 1,226 613 12,300 6,150 Broadway Ave Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 1,315 1,315 12,300 12,300 Broadway Ave Goldfield Rd to Arroya Dr 0.75 2.0 1.50 1,207 905 12,300 9,225 Delaware Dr Southern Ave to 16th Ave 0.50 3.0 1.50 3,872 1,936 15,400 7,700 Delaware Dr 16th Ave to Broadway Ave 0.50 2.0 1.00 1,766 883 12,300 6,150 Delaware Dr Broadway Ave to Apache Trail 0.50 3.0 1.50 3,419 1,710 15,400 7,700 Delaware Dr Apache Trail to Superstition Blvd 0.50 2.0 1.00 1,712 856 12,300 6,150 Delaware Dr Superstition Blvd to Tepee St 0.50 2.0 1.00 1,546 773 12,300 6,150 Delaware Dr Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 777 389 12,300 6,150 Goldfield Rd Baseline Ave to US 60 0.50 5.0 2.50 732 366 31,100 15,550 Goldfield Rd US 60 to Southern Ave 0.50 4.0 2.00 872 436 24,500 12,250 79 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Goldfield Rd Southern Ave to Broadway Ave 1.00 2.0 2.00 1 1,054 1,054 12,300 12,300 Goldfield Rd Broadway Ave to Superstition Blvd 1.00 2.0 2.00 804 804 12,300 12,300 Goldfield Rd Superstition Blvd to Lost Dutchman 1.00 2.0 2.00 739 739 Blvd 12,300 12,300 Idaho Rd Baseline Ave to US 60 0.50 2.0 1.00 2,271 1,136 12,300 6,150 Idaho Rd US 60 to Southern Ave 0.50 5.0 2.50 13,496 6,748 31,100 15,550 Idaho Rd Southern Ave to Broadway Ave 1.00 5.0 5.00 12,927 12,927 31,100 31,100 Idaho Rd Broadway Ave to North Apache Trail 0.80 5.0 4.00 4,216 3,373 31,100 24,880 Idaho Rd North Apache Trail to Superstition Blvd 0.25 5.0 1.25 5,141 1,285 31,100 7,775 Idaho Rd Superstition Blvd to Tepee St 0.50 2.0 1.00 2,867 1,434 12,300 6,150 Idaho Rd Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 2,004 1,002 12,300 6,150 Idaho Rd Lost Dutchman Blvd to McKellips Rd 1.00 2.0 2.00 1,315 1,315 12,300 12,300 Ironwood Dr Baseline Ave to US 60 0.50 5.0 2.50 15,826 7,913 31,100 15,550 Ironwood Dr US 60 to Southern Ave 0.50 5.0 2.50 9,070 4,535 31,100 15,550 Ironwood Dr Southern Ave to 16th Ave 0.50 5.0 2.50 9,400 4,700 31,100 15,550 Ironwood Dr 16th Ave to Broadway Ave 0.50 5.0 2.50 8,966 4,483 31,100 15,550 Ironwood Dr Broadway Ave to Apache Trail 0.50 5.0 2.50 6,335 3,168 31,100 15,550 Ironwood Dr Apache Trail to Superstition Blvd 0.50 5.0 2.50 4,369 2,185 31,100 15,550 Ironwood Dr Superstition Blvd to Tepee St 0.50 2.0 1.00 3,053 1,527 12,300 6,150 Ironwood Dr Tepee St to Lost Dutchman Blvd 0.50 2.0 1.00 2,212 1,106 12,300 6,150 Ironwood Dr Lost Dutchman Blvd to McKellips Rd 1.00 2.0 2.00 1,342 1,342 12,300 12,300 Lost Dutchman Blvd Meridian Dr to Delaware Dr 0.50 2.0 1.00 2,362 1,181 12,300 6,150 Lost Dutchman Blvd Delaware Dr to Ironwood Dr 0.50 2.0 1.00 2,451 1,226 12,300 61150 Lost Dutchman Blvd Ironwood Dr to Idaho Rd 1.00 2.0 2.00 2,024 2,024 12,300 12,300 Lost Dutchman Blvd Idaho Rd to Tomahawk Rd 1.00 2.0 2.00 1,080 1,080 12,300 12,300 Lost Dutchman Blvd Tomahawk Rd to SR 88 0.40 2.0 0.80 770 308 12,300 4,920 Lost Dutchman Blvd SR 88 to Goldfield Rd 0.60 2.0 1.20 364 218 12,300 7,380 Meridian Dr Baseline Ave to US 60 0.50 2.0 1.00 6,034 3,017 12,300 6,150 80 FISCAL I ECONOMIC s PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Meridian Dr US 60 to Southern Ave 0.50 2.0 1.00 7,699 3,850 12,300 6,150 Meridian Dr Southern Ave to Broadway Ave 1.00 2.0 2.00 5,129 5,129 12,300 12,300 Meridian Dr Broadway Ave to Apache Trail 0.50 2.0 1.00 5,129 2,565 12,300 6,150 Meridian Dr Apache Trail to Superstition Blvd 0.50 2.0 1.00 5,220 2,610 12,300 6,150 Meridian Dr Superstition Blvd to Lost Dutchman 1.00 1.0 1.00 3,033 3,033 Blvd 6,150 6,150 Meridian Dr Lost Dutchman Blvd to McKellips Rd 1.00 1.0 1.00 1,883 1,883 6,150 6,150 Old West Highway Phelps to Idaho Rd 0.25 6.0 1.50 8,804 2,201 49,200 12,300 Old West Highway Idaho Rd to Tomahawk Rd 1.50 4.0 6.00 8,979 13,469 32,700 49,050 Old West Highway Tomahawk Rd to Goldfield Rd 1.50 4.0 6.00 3,931 5,897 32,700 49,050 Tomahawk Rd Baseline Ave to US 60 0.50 5.0 2.50 2,631 1,316 31,100 15,550 Tomahawk Rd US 60 to Southern Ave 0.50 3.0 1.50 4,819 2,410 15,400 7,700 Tomahawk Rd Southern Ave to Old West Highway 0.75 2.0 1.50 3,049 2,287 12,300 9,225 Tomahawk Rd Old West Highway to Broadway Ave 0.25 2.0 0.50 1,686 422 12,300 3,075 Tomahawk Rd Broadway Ave to Superstition Blvd 1.00 2.0 2.00 1,601 1,601 12,300 12,300 Tomahawk Rd Superstition Blvd to North Apache Trail 0.75 2.0 1.50 526 395 12,300 9,225 Tomahawk Rd North Apache Trail to Lost Dutchman 0.80 2.0 1.60 344 275 12,300 9,840 Southern Ave Meridian Dr to Delaware Dr 0.50 2.0 1.00 5,396 2,698 12,300 61150 Southern Ave Delaware Dr to Ironwood Dr 0.50 2.0 1.00 4,194 2,097 12,300 6,150 Southern Ave Ironwood Dr to San Marcos Rd 0.50 5.0 2.50 3,447 1,724 31,100 15,550 Southern Ave San Marcos Rd to Idaho Rd 0.50 2.0 1.00 3,447 1,724 12,300 6,150 Southern Ave Idaho Rd to Tomahawk Rd 1.00 5.0 5.00 1,805 1,805 31,100 31,100 Southern Ave Tomahawk Rd to Raindance Rd 0.25 2.0 0.50 1,472 368 12,300 3,075 Southern Ave Raindance Rd to Cortez Rd 0.25 4.0 1.00 1,472 368 24,500 6,125 Superstition Blvd Meridian Dr to Delaware Dr 0.50 5.0 2.50 6,554 3,277 31,100 15,550 Superstition Blvd Delaware Dr to Ironwood Dr 0.50 5.0 2.50 6,643 3,322 31,100 15,550 Superstition Blvd Ironwood Dr to Idaho Rd 1.00 5.0 5.00 5,631 5,631 31,100 31,100 Superstition Blvd Idaho Rd to SR 88 0.30 5.0 1.50 2,336 701 31,100 9,330 81 FISCAL I ECONOMIC I PLANNING Land Use Assumptions,Infrastructure Improvements Plan,and Development Fee Report Apache Junction,Arizona Superstition Blvd SR 88 to Tomahawk Rd 0.66 2.0 1.32 1,816 1,199 12,300 8,118 Superstition Blvd Tomahawk Rd to Goldfield Rd 1.00 2.0 2.00 2,061 2,061 12,300 12,300 Superstition Blvd Goldfield Rd to Arroya Dr 0.70 2.0 1.40 1,503 1,052 12,300 8,610 Tepee St Meridian Dr to Delaware Dr 0.50 2.0 1.00 278 139 12,300 6,150 Tepee St Delaware Dr to Ironwood Dr 0.50 2.0 1.00 293 147 12,300 6,150 Tepee St Ironwood Dr to Idaho Rd 1.00 2.0 2.00 239 239 12,300 12,300 Total 55.71 165.37 320,356 205,513 1,059,803 82 FISCAL I ECONOMIC PLANNING Article 74. GENERAL PROVISIONS T-2. STREET FACILITIES DEVELOPMENT FEES 7-3. POLICE FACILITIES DEVELOPMENT FEES T-4. PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES 7-5. LIBRARY FACILITIES DEVELOPMENT FEES APPENDIX 7-A: DEVELOPMENT FEE SCHEDULE ARTICLE 7-1: GENERAL PROVISIONS Section 7-1-1 Title 7-1-2 Legislative intent 7-1-3 Purpose and administration 7-1-4 Definitions 7-1-5 Applicability 7-1-6 Service areas 7-1-7 Authority for development fees 7-1-8 Fund accounting for development fees Y-1-A Land use assumptions 7-1-10 Infrastructure improvements plan 7'1-11 Adoption and modification procedures 7-1'12 Timing for the renewal and updating of the infrastructure improvements plan and the land use assumptions 7-1-13 Collection of development fees 7'1-14 Expenditure of development fees 7-1-15 Development fee credits and credit agreements 7-1-16 Development agreements 7-1-17 Relief procedures and hearings 7-1'18 Development fee aosupplemental regulation to other financing methods 7-1-10 Refunds of development fees 7-1-20 Oversight of development fee program 7-1-21 Calculation of development fees based on fee schedule Editor's note: Effective date for this Chapter is October 31,!202Z §7-1-1 TITLE. This Chapter of the Apache Junction City Code, shall be known as the"Apache Junction City Code Volume 11, Land Development Code, Chapter 7: Development Fees"and may be referred to herein as "this Ordinance"or"this Chapter". §7-i'2 LEGISLATIVE INTENT. (A) This Chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Apache Junction by including the cost of infrastructure, improvemen(o, real property, engineering and architectural services,financing and professional services as a result of preparation or revision of a development fee including infrastructure improvements plan: (1) Requiring new development to pay its proportionate share of the costs incurred by the city that are associated with providing necessary public services to new development, (2) Setting forth standards and procedures for creating and assessing development fees consistent with the requirements of Arizona Revised Statutes("A.R.S.")§ 9-463.05. (3) Setting forth procedures for administering the development fee program, including mandatory offsets, credits, and refunds of development fees.All development fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this Chapter. (B) This Chapter shall not affect the city's zoning authority or its authority to adopt or amend its general plan, provided that planning and zoning activities by the city may require amendments to development fees pursuant to A.R.S. § 9-463.05. §7-1-3 PURPOSE AND ADMINISTRATION. (A) This Chapter assesses development fees to offset the costs to the city associated with providing necessary public services to a development. The fees shall: (1) Result in a beneficial use to the development; (2) Bear a rational relationship to the burden of the developer; and (3) Be assessed in a non-discriminatory manner. (B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact based on service units that the new development will have on the types of facilities for which the fees are charged. (C) The city official with primary responsibility for administering this Chapter shall be referred to as the"Development Fee Administrator."The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager. The Development Fee Administrator may delegate authority conferred by this Chapter to other city staff. §7-1.4 DEFINITIONS. For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Singular terms shall include their plural. APPLICANT.A person who applies to the city for a construction or improvement permit. APPURTENANCE.Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a capital facility that are necessary or convenient to the operation, use, or maintenance of a capital facility, but excluding replacement of the same after initial installation. AQUATIC CENTER.A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to,water polo games, swim meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures. ASSISTED LIVING. Establishments primarily providing?either routine general protective oversight, ass6stance with activities necessary for independent living to mentally or physically limited persons, or establishments;'providing care for persons who are unable to care for themselves. By way of example: Assisted Living in Udes assisted living facilities; nursing horn es, rest homes,chronic care homes, and convalescent homes: CONSTRUCTION OR IMPROVEMENT PERMIT.Any permit issued by the city that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system. CAPITAL FACILITY.An asset having a useful life of 3 or more years that is a component of 1 or more categories of necessary public service provided by the city.A capital facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, INFRASTRUCTURE shall have the same meaning as CAPITAL FACILITIES. CATEGORY OF DEVELOPMENT.A specific category of residential, commercial, office, industrial, or institutional development against which a development fee is calculated and assessed.The city assesses development fees against the following categories of development: residential, commercial, office, industrial, and institutional. CATEGORY OF NECESSARY PUBLIC SERVICE. A category of necessary public services for which the city is authorized to assess development fees, as further defined by A.R.S. §9-463.05. CITY. The City of Apache Junction,Arizona. COMMERCIAL LAND USE.The.gr it ,seW , Wair,.tea„'IT r.s : e-€ ,.nab. ,, ices. Establishments primarily selling merchandise, eating/drinking planes, and entert lriment uses. By way of example, commercial includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automob le dealerships, and movie theaters,, This term shall not include manufacturing, distribution or general warehousing activities as a primary use. CREDIT.A reduction in an assessed development fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to A.R.S. §9- 463.05 (or as otherwise permitted by this Chapter). CREDIT AGREEMENT. A written agreement between the city and the developer(s)of subject development that allocates credits to the subject development pursuant to Vol. II, §7-1-15 of this Chapter. A credit agreement may be included as part of a development agreement pursuant to Vol. 11, §7-1-16 of this Chapter. CREDIT ALLOCATION.A term used to describe when credits are distributed to a particular development or parcel of land after execution of a credit agreement, but are not yet issued. CREDIT ISSUANCE.A term used to describe when the amount of an assessed development fee attributable to a particular development or parcel of land is reduced by applying a credit allocation. DEVELOPER.An individual,group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns. DEVELOPMENT AGREEMENT.An agreement prepared in accordance with the requirements of Vol. II, §7-1-16 of this Chapter,A.R.S. §9-500.05, and any applicable requirements of the city code. DEVELOPMENT FEE REPORT.A written report developed pursuant to A.R.S. §9-463.05 that identifies the methodology for calculating the amount of each development fee, explains the relationship between the development fee to be assessed and the cost per service unit calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. §9-463.05. DIRECT BENEFIT.A benefit to a service unit resulting from a capital facility that: (a)addresses the need for a necessary public service created in whole or in part by the service unit; and that(b)meets either of the following criteria: (i)the capital facility is located in the immediate area of the service unit and is needed in the immediate area of the service unit to maintain the level of service; or(ii)the capital facility substitutes for, or eliminates the need for a capital facility that would have otherwise have been needed in the immediate area of the service unit to maintain the city's level of service. DWELLING, MULTIPLE OR 2+ UNIT LAND USE.A building containing 2 or more primary dwelling units on a single lot. Types of multiple residence dwellings include duplexes, garden apartments, and multi-story apartment buildings as well as a guest house. DWELLING, SINGLE UNIT-MANUFACTURED HOMES LAND USE.A single unit dwelling unit located in a manufactured home park and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city, and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R.S. §41-2142(26))space in a mobile home or recreational vehicle park. Mobile home> includes both occupied and vacant mobile homes, to which no permanent rooms have been added. Mobile homes used only for business purposes or for extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are not counted In the houshig Inventory: DWELLING, SINGLE UNIT OR SINGLE-FAMILY LAND USE.-A--- G d -at fng--con#a` -1-s` ,aml.iy. s off tt trr e -a-°`agle-fOte (1) Single-farnil detached is d one-unit structure detached trorn any other house;, that is, with ripen space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one4arnily house that contains a business is considered detached if the bLillding his open space on all four sides (2) Single-family attached (townhouse) is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures, each house is a separate, attached structure if the dividing or common wall goes from ground to roof, DWELLING UNIT.A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. EQUIPMENT. Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the level of service specified by the Infrastructure Improvements Plan but excluding replacement of the same after initial development of the capital facility. EXCLUDED LIBRARY FACILITY. Library facilities for which development fees may not be charged pursuant to A.R.S. § 9-463.05. EXCLUDED PARK FACILITY. Parks and recreational facilities for which development fees may not be charged pursuant to A.R.S. §9-463.05. FINANCING OR DEBT.Any debt, bond, note, loan, inter-fund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a capital facility. GENERAL PLAN. The most current version of the City of Apache Junction General Plan and all adopted amendments thereto. GROSS DEVELOPMENT FEE.The total development fee to be assessed against a subject development on a per unit baoin, prior to subtraction of any credits. INDUSTRIAL LAND USE. oth,K—.H!n4�af4yf)e-,%-Gf-erAeFpr4-s�r-- Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, industriat includes manufacturing plants, rfistribution warehouses, trucking companies, utility substations, power generation faciflties, and telecommunications buildlngs. By way of example, industrial includes mantlfaCtUring plants, distribution warehouses, trucking companies, ufflity substations, power generation facilities, and telecommunications buildlngs, INFRASTRUCTURE IMPROVEMENTS PLAN.A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to Vol. 11, §7-1-10 of this Chapter to cover any category or combination of categories of necessary public services. INSTITUTIONAL LAND USE. PuNic and quasi-public buildings providing educational, social assistance, or religious services, By way of example, institutional includes schools, universities, churches, daycare facilitles, arid government buildings. INDIVIDUAL ASSESSMENT.Alternate calculation of development fees performed at developer's direction using criteria approved by the Development Fee Administrator. LAND USE ASSUMPTIONS. Projections of changes in land uses, densities, intensities and population for a service area over e period ofat least 10 years, and developed pursuant toA.R.S. §9-463.05. LEVEL OF SERVICE.A quantitative and/or qualitative measure of a necessary public service that is to be provided by the city to development in a particular service area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. LEVEL OF SERVICE may be measured differently for different categories of necessary public services, as identified in the applicable Infrastructure Improvements Plan. LIBRARY FACILITIES.A category of necessary public services in which |ib»rary, mueioa|, ertiotio, or reference materials are kept(materials may be kept in any form of media such as electronic, magnetic, or paper)for non-commercial use by the public in a facility providing a direct benefit to development. Libraries do not include excluded library facilities, although a library may contain, provide access to, or otherwise support an excluded library facility. LODGING. A place of lodging that provides s�eeping accommodations and may include supporting faciflties such as restaurants, cocktail lounges, meeting and banqUet rooms or convention facilities, limited recre-ationat faciiifies (pool,fitness room, etc,),and/or other retai�and service shops, MANUFACTURED HOME PARK.Any development providing rental spaces for occupancy on a non-permanent basis for manufactured homes and/or recreational vehicles. MULTI-FAMILY LAND USE. Units in strUctures contaln4ig two or more houslng units,further, | bs in NECESSARY PUBLIC SERVICES. The meaning prescribed inA.R.S. §0-4S3.05(T)(7). onamended. NONRESIDENTIAL LAND USES. Those defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. OFFICE LAND USE.A building or portion of a building wherein services are performed involving predominantly adminiatrativm, pnohyeoiona|, or clerical operations. OFFICE AND OTHER SERVICES. Estabilshments providing management, adrnin�stratrve, professional, or business services; personal and health care services ce and Other services inci"desa banks,Db" hotels and motels, and hospita�s, OFFSET.An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development fees), and other revenue sources, pursuant to A.R.S. §0-483.O5. PARKS AND RECREATIONAL FACILITIES.A category of necessary public services including but not limited to parks, multi-use recreational trails, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a direct benefit. PARKS AND RECREATIONAL FACILITIES do not include excluded park facilities, although parks and recreational facilities may contain, provide access to, or otherwise support an excluded park facility. PLEDGED.Where used with reference to a development fee, a development fee shall be considered "pledged"where it was identified by the city as a source of payment or repayment for financing or debt that was identified as the source of financing for a necessary public service for which a development fee was assessed pursuant to the then-applicable provisions ofA.RS. §Q-483.05. POLICE FACILITIES.Acategory of necessary public services, including vehicles and equipment, that are used bylaw enforcement agencies bn preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. POLICE FACILITIES do not include vehicles and equipment used to provide administrative services, or helicopters or airplanes, and any facility that is used for training officers from more than 1 station orsubstation. QUALIFIED PROFESSIONAL.Any 1of the following: (1) A professional engineer, surveyor,financial analyst or planner, or other licensed professional providing services within the scope of that person's education or experience related to city planning,zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (2) A financial analyst, planner,or other non-licensed professional that is providing services within the scope of the person's education or experience related to city planning, zoning, or impact development fees; or (3) Any other person operating under the supervision nf1or more of the above. RECREATIONAL, VEHICLE.A recreationai vehic�e(as defined in A,R.S. §41-2142(30))�s any living quarters occupied as a housing unit that does not fit the other categodes (e,g,, houseboats, railroad cars, campers, and vans), Recreafional vehicles, boats, vans, railroad cars, and the like are included only if they are occup�ed as a current place of residence. RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sites, including sanitary and water facilities with locations provided on a day-to-day basis. RESIDENTIAL LAND USE. A building or portion thereof designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. SERVICE AREA.Any specified area within the boundaries of the city within which: (1) The city will provide a category of necessary public services to development at a planned level of service; and (2) Within which: (i) e substantial nexus exists between the capital facilities to be provided and the development to be served; or(ii) in the case of library facilities or a park facility larger than 30 acres, a direct benefit exists between the library facilities or park facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. (3) Some or all of the capital facilities providing service to a service area may be physically located outside of that service area provided that the required substantial nexus or direct benefit is demonstrated to exist. SERVICE UNIT.A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services. STREET FACILITIES.A category of necessary public services including arterial or collector streets or roads,traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities. SUBJECT DEVELOPMENT.A land area linked by a unified plan of development,which must be contiguous unless the land area is part of a Development Agreement executed in accordance with Vol. 11, §7-1-16 of this Chapter. SUBSTANTIAL NEXUS.A substantial nexus exists where the demand for a category of necessary public services that will be generated by a service unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing capital facilities,the need it will create for new or expanded capital facilities, and/or the benefit to the development from those capital facilities. SWIMMING POOL.A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities. USEFUL LIFE. The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the city over the entirety of such period. VEHICLE.Any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services at a specified level of service, excluding helicopters and other aircraft. §7-1-5 APPLICABILITY. The collection of development fees shall apply to all new development in the city, unless excepted in accordance with Vol. §7-1-6 SERVICE AREAS. (A) For the purpose of all development fees,the service area shall be all of the incorporated area of the city. (B) Development fees shall be assessed only on new development located within the service area. (C) Development fees collected within the service area shall be spent within the service area. (D) The appropriateness of the designation and boundaries of the service area(s)shall be reviewed by the city as part of the development fee revision process pursuant to A.R.S. §9-463.05. Following such review and a public hearing,the service area(s) may be amended. Prd µ.... §7-1-7 AUTHORITY FOR DEVELOPMENT FEES. (A) The city may assess and collect a development fee for costs of necessary public services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Development Fee Report, development fee, and required reports or audits conducted pursuant to this Chapter. Development fees shall be subject to the following requirements: (1) The city shall develop and adopt a Development Fee Report that analyzes and defines the development fees to be charged in each service area for each capital facility category, based on the Infrastructure Improvements Plan, pursuant to A.R.S. §9-463.05. (2) Development fees shall be assessed against all new residential, commercial, office, institutional, and industrial developments, provided that the city may assess different amounts of development fees against specific categories of development based on the actual burdens and costs that are associated with providing necessary public services to that category of development. No development fee shall exceed the cost per service unit for any category of development. (3) No development fees shall be charged, or credits issued, for any capital facility that does not fall within 1 of the categories of necessary public services for which development fees may be assessed as identified in Vol. 11, § 7-1-10 of this Chapter. (4) Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the same service area. Development fees may not be used to provide a higher level of service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing capital facilities that are serving existing development. (5) Development fees may not be used to pay the city's administrative, maintenance, or other operating costs. (6) Projected interest charges and financing costs can only be included in development fees to the extent they represent principal and/or interest on the portion of any financing or debt used to finance the construction or expansion of a capital facility identified in the Infrastructure Improvements Plan. (7) All development fees shall meet the requirements of A.R.S. § 9-463.05. (B) The Development Fee Report shall summarize the costs of capital facilities necessary to serve new development on a per service unit basis as defined and calculated in the Infrastructure Improvements Plan, including all required offsets, and shall recommend a development fee structure for adoption by the city. The actual development fees to be assessed shall be disclosed and adopted in the form of development fee schedules described in this Chapter. (C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at the time of their adoption. §7-1-8 FUND ACCOUNTING FOR DEVELOPMENT FEES. (A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of capital facility within the service area shall be credited. Such fees shall be invested by the city and the yield on those fees, at the actual rate of return to the city, shall be credited to such accounting fund periodically in accordance with the accounting policies of the city. The funds need not be segregated from other city monies for banking purposes. (B) (1)Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for that fund. (2) Development fees and any interest thereon collected pursuant to this Chapter shall be spent to provide capital facilities associated with the same category of necessary public services in the same service area for which they were collected, including costs of financing or debt used by the city to finance such capital facilities and other costs authorized by this Chapter that are included in the Infrastructure |mpvuvomonba Plan. (C) The City Finance Department shall maintain and keep financial records for the accounting fund showing the revenues to the fund and the disbursements from that fund, in accordance with normal city accounting practices. The records of the fund shall be open to public inspection in the same manner as other financial records of the city. (D) The city shall issue as part of the report required in Vol. 11, §7-1-20 of this Chapter an unaudited accounting of all development fee funds. §74-B LAND USE ASSUMPTIONS. (A) The Infrastructure Improvements Plan shall be consistent with the city's current land use assumptions for each service area and each category of necessary public services as adopted by the city pursuant to A.R.S. § 9-483.05. (B) The land use assumptions shall be renewed, updated, developed, adopted, and modified subject to the procedures required byA.R.S. §9-483.05. §7-1-1O INFRASTRUCTURE IMPROVEMENTS PLAN. (A) The Infrastructure Improvements Plan shall be developed by qualified professionals and may be based upon or incorporated within the city's Capital Improvements Plan, when/if available, and/or other capital facilities plans. (B) (1)The Infrastructure Improvements Plan shall comply with the requirements of A.R.S. §A-4S3.05. and shall: (2) Specify the categories of necessary public services for which the city will impose a development fee, which may include any ur all of the following: (a) Street facilities. (b) Police. (c) Parks and recreational facilities. (d) Libraries. §7-1-11 ADOPTION AND MODIFICATION PROCEDURES. The Infrastructure Improvements Plan shall be adopted or amended subject to the procedures required by A.R.S. § A' 483.05. §7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS. All necessary renewals and updates of the Infrastructure Improvements Plan and land use assumptions shall comply with procedures required byA.R.S. §9-483.O5. §7-1-13 COLLECTION OF DEVELOPMENT FEES. (A) Development fees, together with administrative charges assessed pursuant to division (A)(5)of this section, shall be calculated and collected prior to issuance of permission to commence development, specifically: (1) Except as set forth in division (A)(2) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect.At the time the development fees are paid in full, a permit shall be issued. (2) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect.At the time the development fees are paid in full, a permit shall be issued. (3) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development fee shall be assessed on the additional service units resulting from the expansion or change, and following the development fee schedule applicable to any new use type. (4) No building permit or certificate of occupancy shall be issued if a development fee is not paid as directed in the previous division. (5) For issued permits that expire or are voided, development fees and administrative charges shall be as follows: (a) If the original permittee is seeking to renew an expired or voided permit, and the development fees paid for such development have not been refunded, then the permittee shall pay the difference between any development fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. (b) If anew or renewed permit for the same development is being sought by someone other than the original permittee,the new permit applicant shall pay the full development fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit applicant, the new permit applicant shall pay development fees as if it were the original permittee. (B) Development fees for mobile/manufactured home and recreational vehicle parks including campgrounds shall be assessed for the entire development, based on the number of manufactured home and recreational vehicle spaces and camping spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the manufactured home or recreational vehicle park unless additional spaces are created. Development fees for mobile/manufactured homes and campgrounds placed on single parcels shall be assessed in the same manner as site-built or conventional homes. (C) Development fees shall not be owed under any of the following conditions: (1) Development fees have been paid for the development and the permit(s)which triggered the collection of the development fees have not expired or been voided. (2) Modifications requiring approval are made to existing development, or vacant property that previously accommodated any legally established development and do not: (a)add new service units; (b)increase the impact of previous or existing service units on existing or future capital facilities; or(c)change the land-use type of the previous or existing development to a different category of development for which a higher development fee would have been due. To the extent that any modification does not meet the requirements of this division, the development fee due shall be the difference between the development fee that was or would have been due on the previous or existing development and the development fee that is due on the development as modified. (3) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office. (4) Expansion, upgrade or repair of a legally established existing residential dwelling unit or structure. (5) Construction or installation of a development on vacant property that previously accommodated any legally established development, subject to the terms of division (C)(2)above. (6) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational,filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. (D) New developments in the city shall be temporarily exempt from increases in development fees that result from the adoption of new or modified development fee schedules as follows: (1) Residential uses. On or after the day that the first building permit is issued for a single unit residential development, the city shall, at the permittee's request, provide the permittee with an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same single unit residential development shall not be subject to any new or modified development fee schedule. (2) Commercial, office, industrial, institutional, and 2+unit dwelling unit structures.On or after the day that the final approval, as defined in A.R.S. §9-463.05(T)(4), is issued for a commercial, office, industrial, institutional or 2+ unit development, the city shall provide an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same development shall not be subject to any new or modified development fee schedule. (3) Other development. Any category of development not covered under divisions (D)(1)and (2)of this section shall pay development fees according to the fee schedule that is current at the time of collection as specified in division (A)of this section. (4) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this division, if changes are made to a development's final Site Plan or subdivision plat that will increase the number of service units after the issuance of a previously adopted and then-in effect development fee schedule, the city may assess any new or modified development fees against the additional service units. If the city reduces the amount of an applicable development fee during the period that a previously adopted and then-in effect development fee schedule is in force, the city shall assess the lower development fee. (E) Option to pursue special fee determination.Where a subject development is of a type that does not closely fit within a particular category of development appearing on an adopted development fee schedule, or where a subject development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the city may require the applicant to provide the Development Fee Administrator or authorized designee with an alternative development fee analysis. Based on a projection of the actual burdens and costs that will be associated with the subject development,the alternative development fee analysis may propose a unique fee for the development based on the application of an appropriate service unit factor to the applicable cost per service unit, or may propose that the development be covered under the development fee schedule governing a different and more analogous category of development. The Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Vol. II, §7-1-17 of this Chapter. The Development Fee Administrator or authorized designee may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. (F) Individual assessment of development fees. If any applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost.A request for an individual assessment must be made before submitting an application for a building permit. (1) The individual assessment shall be subject to the following special standards and procedures: (a) Street facilities development fees (as set forth in Vol. 11,Article 7-2); (b) Police facilities development fees (as set forth in Vol. II,Article 7-3); (c) Parks and recreational facilities development fees (as set forth in Vol. 11,Article 7-4); (d) Library facilities development fees(as set forth in Vol. II,Article 7-5); and (2) If the Development Fee Administrator accepts the computations of the individual assessment under this Chapter, the applicable fee shall be determined from the individual assessment. 7-1-14 EXPENDITURE OF DEVELOPMENT FEES. (A) Development fees may only be spent on qualifying improvements, as follows: (1) Street facilities development fees shall be spent as set forth in Vol. 11, §7-2-3; (2) Police facilities development fees shall be spent as set forth in Vol. 11, §7-3-3; (3) Parks and recreational facilities development fees shall be spent as set forth in Vol. 11, §7-4-3; (4) Library facilities development fees shall be spent as set forth in Vol. II, §7-5-3; (B) Time limit. Development fees collected after Qctobar--24,2-049 October 31, 2022 shall be used within 10 years of the date upon which they were collected for all categories of necessary public services. 7 -;--p .,.-,ect-t-- -2 9) §7-1-15 DEVELOPMENT FEE CREDITS AND CREDIT AGREEMENTS. (A) Eligibility of capital facility. All development fee credits must meet the following requirements: (1) One of the following iotrue: (a) The capital facility, or the financial contribution toward a capital facility that will be provided by the developer and for which a credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Development Fee Report aaa capital facility for which a development fee was assessed; nr (b) The applicant must demonstrate to the satisfaction of the city that, given the class and type of improvement, the subject capital facility should have been included in the Infrastructure Improvements Plan in lieu of a different capital facility that was included in the Infrastructure Improvements Plan and for which a development fee was assessed. If the subject capital facility is determined to be eligible for e credit in this manner,the city shall amend the Infrastructure Improvements Plan to: (i)include the subject replacement facility; and (ii)delete the capital facility that will be replaced. (2) Credits shall not be available for any infrastructure provided by a developer if the costof such infrastructure will bn repaid to the developer by the city through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the city for any contribution, payment, construction, or dedication from any city funding source including an agreement to reimburse the developer with future collected development fees pursuant hoVol. ||. §7-1-1Sof this Chapter, any credits claimed by the developer shall be: (a)deducted from any amounts to be paid or reimbursed by the city; or(b) reduced by the amount of such payment orreimbursement. (B) Eligibility of subject development. To be eligible for a credit, the subject development must be located within the service area of the eligible capital facility. (C) Calculation of credits. (1) Credits will be based on that portion of the costs for an eligible capital facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Development Fee Report. If the gross development fee for a particular category of necessary public service is adopted at an amount lower than the cost per service unit,the amount of any credit shall be reduced in proportion to the difference between the cost per service unit and the gross development fee adopted. A credit shall not exceed the actual costs the applicant incurred in providing the eligible capital facility. (2) Credits will be based on the included costs in the calculation of the cost per service unit for each category uf necessary public service, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction,financing, and administrative costs, as well as projected costs of inflation. (D) Allocation of credits. Before any credit can be issued to a subject development(or portion thereof), the credit must be allocated to that development by executing a credit agreement between the developer and the city stating the total amount of the credits resulting from provision ofan eligible capital facility. ibility of the developer to request allocation of development fee credits through on application for a� credit agreement(which may be part ofo Development Agreement entered into pursuant toVol. 11. § 7-1-16ofthis Chapter). (2) If a building permit is issued, and a development fee is paid prior to execution of a Credit Agreement for the subject devo|opment, no credits may be allocated retroactively ho that permit. Credits maybe allocated to any remaining permits for the subject development in accordance with this Chapter. (3) If the entity that provides an eligible capital facility sells or relinquishes a development(or portion thereof)that it owns or controls prior to execution of a Credit Agreement or Development Agreement, credits resulting from the eligible capital facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its auoomeeur(o)in interest for the subject development. (4) If multiple entities jointly provide an eligible capital facility, all entities must enter into a single Credit Agreement with the city, and any request for the allocation of credit within the subject development(s)must be made jointly by the entities that provided the eligible capital facility. (E) Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with division (D) of this section.The City Manager or authorized designee is authorized by this Chapter to enter into a Credit Agreement with the controlling entity of a subject development, subject to the following: (1) The developer requesting the Credit Agreement shall provide all information requested by the city to allow it to determine the value of the credit tobeapplied. (2) An application for a Credit Agreement shall be submitted to the city by the developer within one year of the date on which ownership or control of the capital facility passes 10 the city. (3) The developer shall submit a draft Credit Agreement to the City Manager or authorized designee(s)for review. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: (a) A legal description and map depicting the location of the subject development for which credit is being applied. The map shall depict the location of the capital facilities that have been or will be provided. (b) An estimate of the total service units that will be developed within the subject development depicted on the map and described in the legal description. (c) A list of the capital facilities,associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. (d) Documentation showing the date(s)of acceptance by the city, if the capital facilities have already been provided. (e) The total amount of credit to be applied within the subject development and the calculations leading to the total amount of credit. (f) The credit amount to be applied to each service unit within the subject development for each category of necessary public services. (4) Calculation and payment of credits not involving transfer of land, non-contiguous parcels, or delayed fee payments shall be approved by the City Manager or authorized designee(s). Credit Agreements for all other subject development shall be approved by the City Manager prior to its execution. The City Manager's determination of the credit to be allocated is final. (5) Upon execution of the Credit Agreement by the city and the applicant, credits shall be deemed allocated to the subject development. (6) Any amendment to a previously approved credit agreement must be initiated within 2 years of the city's final acceptance of the eligible capital facility for which the amendment is requested. (7) Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Vol. 11, § 7-1-16 of this Chapter. (F) Issuance of credits. Credits allocated pursuant to division (D)of this section may be issued and applied toward the gross development fees due from a development, subject to the following conditions: (1) Credits issued for an eligible capital facility may only be applied to the development fee due for the applicable category of necessary public services, and may not be applied to any fee due for another category of necessary public services. (2) Credits shall only be issued when the eligible capital facility from which the credits were derived has been accepted by the city or when adequate security for the completion of the eligible capital facility has been provided in accordance with all terms of an executed Development Agreement. (3) Where credits have been issued pursuant to division (F)(2)of this section, a development fee due at the time a building permit is issued shall be reduced by the credit amount stated in or calculated from the executed Credit Agreement. Where credits have not yet been issued, the gross development fee shall be paid in full, and a refund of the credit amount shall be due when the developer demonstrates compliance with division (F)(2)of this section in a written request to the city. (4) Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that credits may be released for reuse on the same subject development if a building permit for which the credits were issued has expired or been voided and is otherwise eligible for a refund under Vol. 11, § 7-1-19(A)(2)(a)of this Chapter. (5) Notwithstanding the other provisions of this Vol. II, §7-1-15, credits issued prior to,1.a._ .ar-y= -2.0 October 31, 2022 may only be used for the subject development for which they were issued. Such credits may be transferred to a new owner of all or part of the subject development in proportion to the percentage of ownership in the subject development to be held by the new owner. 1 = , pas d...0- 1.9=) 7-1-16 DEVELOPMENT AGREEMENTS. Development Agreements containing provisions regarding development fees, development fee credits, and/or disbursement of revenues from development fee accounts shall comply with the following: (A) Development agreement required.A development agreement is required to authorize any of the following: (1) To issue credits prior to the city's acceptance of an eligible capital facility. (2) To allocate credits to a parcel that is not contiguous with the subject development and that does not meet the requirements of Vol. 11, §7-1-15(E)(7)of this Chapter. (3) To reimburse the developer of an eligible capital facility using funds from development fee accounts. (4) To allocate different credit amounts per service unit to different parcels within a subject development. (5) For a single unit residential dwelling unit, to allow development fees to be paid at a later time than the issuance of a building permit as provided in this section. (B) General requirements. All Development Agreements shall be prepared and executed in accordance with A.R.S. § 9- 500.05 and any applicable requirements of the City Code. Except where specifically modified by this section, all provisions of Vol. II, § 7-1-15 of this Chapter shall apply to any Credit Agreement that is authorized as part of a Development Agreement. (C) Early credit issuance.A Development Agreement may authorize the issuance of credits prior to acceptance of an eligible capital facility by the city when the Development Agreement specifically states the form and value of the security(i.e. bond, letter of credit, and the like)to be provided to the city prior to issuance of any credits. The city shall determine the acceptable form and value of the security to be provided. (D) Non-contiguous credit allocation. A Development Agreement may authorize the allocation of credits to a non- contiguous parcel only if all of the following conditions are met: (1) The non-contiguous parcel is in the same service area as that served by the eligible capital facility. (2) The non-contiguous parcel receives a necessary public service from the eligible capital facility. (3) The Development Agreement specifically states the value of the credits to be allocated to each parcel and/or service unit, or establishes a mechanism for future determination of the credit values. (E) Uneven credit allocation. The Development Agreement must specify how credits will be allocated amongst different parcels on a per-service unit basis, if the credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all credits will be allocated evenly amongst all parcels on a per-service unit basis. (F) Use of reimbursements. Funds reimbursed to developers from development fee accounts for construction of an eligible capital facility must be utilized in accordance with applicable law for the use of city funds in construction or acquisition of capital facilities, including A.R.S. §§34-201 et seq. (G) Deferral of fees. A Development Agreement may provide for the deferral of payment of development fees for a residential development beyond the issuance of a building permit; provided that a development fee may not be paid later than the 15 calendar days after the issuance of the certificate of occupancy for that dwelling unit. The Development Agreement shall provide for the value of any deferred development fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. (H) Waiver of fees. If the city agrees to waive any development fees assessed on development in a Development Agreement, the city shall reimburse the appropriate development fee account(s)for the amount that was waived pursuant to A.R.S. §9-463.05. (1) No obligation. Nothing in this section obligates the city to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this section. 7-1-17 RELIEF PROCEDURES AND HEARINGS. The developer who owes, has paid a development fee, or disagrees with the offset amount determined by the Development Fee Administrator, may appeal to the City Manager in accordance with the following procedures: (A) Form of appeal. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the city notified the developer of an assessment or offset determination; or within 30 calendar days after the developer paid the development fee. (B) Fees during pendency.Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded.Any work in progress completed during the appeal process shall be performed at the developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the city of the certificate of occupancy for the subject development. (C) The City Manager must render a decision within 30 calendar days after the appeal is received by the Development Fee Administrator. The City Manager's failure to render a decision within the 30 calendar days, absent a continuance request by the developer, shall result in the developer's position prevailing over the city's. The developer shall be notified of the City Manager's decision in writing within 30 calendar days after the appeal is received by the Development Fee Administrator. (D) Final decision. The decision of the City Manager shall be considered the final administrative decision of the city.Any further appeals shall be pursuant to A.R.S. §§ 12-901 et seq. §7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS. (A) Except as herein otherwise provided, development fees are in addition to any other requirements, taxes,fees or assessments imposed by the city on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the city. Development fees are intended to be consistent with the city's General Plan, Capital Improvements Program, Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of capital facilities in conjunction with development. (B) In addition to the use of development fees, the city may finance qualifying capital facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law. §7-1-19 REFUNDS OF DEVELOPMENT FEES. (A) Refunds. A refund (or partial refund)will be paid to any current owner of property within the city who submits a written request to the city and demonstrates that: (1) The permit(s)that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or (2) The owner of the subject development or its predecessor in interest paid a development fee for the applicable capital facility on or after wtob, `-1, 19 October 31, 2022, and one of the following conditions exists: (a) The capital facility designed to serve the subject development has been constructed, has the capacity to serve the subject development and any development for which there is reserved capacity, and the service which was to be provided by that capital facility has not been provided to the subject development from that capital facility or from any other infrastructure. (b) After collecting the fee to construct a capital facility,the city fails to complete construction of the capital facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject development from that capital facility or any other infrastructure. (c) For a category of necessary public services, any part of a development fee is not spent within 10 years of the city's receipt of the development fee. (d) The development fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject development and the actual construction costs for the capital facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10%or more. In such event, the current owner of the subject development shall, upon request as set forth in this division (A), be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Development Fee Report. The refund contemplated by this section shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development fee as limited by A.R.S. § 9-463.05. (B) Earned interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the city from the date of collection to the date of refund. There is no duty however for the city to invest the funds in an interest bearing account.All refunds shall be made to the record owner of the property at the time the refund is paid. (C) Refund to government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity. §7-1- 0 OVERSIGHT OF DEVELOPMENT FEE PROGRAM. (A) Annual report. The city shall file with the City Clerk an unaudited annual report as required by all applicable laws. (B) Biennial audit. The city shall conduct a biennial audit as required by A.R.S. §9-463.05. 1- §7-1-21 CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE. (A) Unless an applicant requests an individual assessment as set forth in Vol. II, §7-1-13(F),the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule. (B) The following development fee schedules have been adopted by City Council Ordinance No.-1472 151, and are incorporated herein by reference: (1) Street facilities development fee schedule(see Vol. II,Article 7-2 of this Chapter); (2) Police facilities development fee schedule(see Vol. 11,Article 7-3 of this Chapter); (3) Parks and recreational facilities development fee schedule (see Vol. II,Article 7-4 of this Chapter);and (4) Library Facilities development fee schedule (see Vol. II,Article 7-5 of this Chapter). (C) The units of development specified in the fee schedule shall be interpreted as follows: (1) A dwelling unit shall be interpreted as dwelling unit as defined in Vol. II, §7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new manufactured home or recreational vehicle space in a manufactured home or recreational vehicle park or a guest house; and (2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls and shall include any outside sales area whether under roof or not or outside covered storage area for industrial and commercial uses. (D) For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that the Development Fee Administrator deems to be most similar to the proposed use. (E) If any plan or permit approval for the proposed development indicates a mix of uses in the development,the development fees shall be calculated separately for each use and the results aggregated. (F) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site; and (2) The fee, if any, that would be payable for the total development on the site after the new development. (G) After receiving a written request of an applicant, the Development Fee Administrator shall provide an estimate of the current development fee based on the data provided by the applicant. However, this estimate does not establish any vested rights to build or develop the property. ¢Grd- 3- z2 6) ARTICLE 7-2: STREET FACILITIES DEVELOPMENT FEES Section 7-2-1 Street facilities development fee schedule 7-2-2 Individual assessments of street facilities development fees 7-2-3 Use of street facilities development fees 7-2-1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE. Street facilities development fees shall be paid in accordance with Vol. II, Appendix 7-A at the conclusion of Chapter 7. 7-2-2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES DEVELOPMENT FEES. (A) The street facilities development fees may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be prepared by a qualified traffic engineer firm or other qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include,without limitation,the following elements: (1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; (2) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; (3) The percentage of trips which are"primary trips" (as opposed to"pass-by trips"or"diverted-link trips"for which the project is not the primary destination); (4) The average length of those trips on the city's major roadway system; (5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the Institute of Transportation Engineers(ITE)manual or other standard reference materials,the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and (6) Such information as the Development Fee Administrator shall reasonably request. (C) The streets facilities development fee per development unit shall be calculated according to the following formula(s): Cost per Development Unit Streets Level Of Service and Capital Costs Cris)Per Vehicle Mile Traveled(VMT) Ge-st-P- V Arterial Improvements $4.1440 $29128 Development Fee -Cost Report 0 42 1.23 GROSS CAPITAL COST 2,94.5 [A] Ave Weekday VMT Proposed Per Development- Cost per VMT Development Unit Fee Unit Type (Per Housing Unit) Single Family S:SO t 113,-32 W,1-L4 11.04 94,51 $3,250 Multi-Family S 2, 1= 5.04 294.51 ;1,7 79 Recreational Vehicle 4-A0 $445: 2;14 6.0 94.51 $1,779 Ave Weekday Cost per Proposed Unit Type VMT Per Development Development Unit VMT[F] Fee (Per Square Foot of Floor Area) Commercial 51-:Og 4 1 73 5�4- 1&04 $294,51< 4,7 Off iceAgs1+t44and 57 -43 2 2.34 Other Services 6,94 $294,51 2,0 Industrial 1-0e - 413-�8 1-1 3,12 $294.51 $0,92 Institu ionel 4.55 $294,51 $1.34 Lodging ng (per room) 5,25 $294,51 $1,545 Assisted UvMg (per tied) 1 S 294,51 ;490 Where: FEE =VMT x Net cost per VMT. VMT =Average Weekday Trip Ends x Adjustment Factor x Average Miles per System Trip x Trip Length Weighting Factors. Weekday Trip Ends =vehicle trips per 1,000 sq.ft. of nonresidential development as per 1,000 Sq. Ft. defined in the ITE Manual. Trip Adjustment Factor = percentage of all trip ends that represent destination trips as defined in the ITE Manual. =&7-5 2,05 for residential units, 4.22- 1,28 for industrial development, Average Miles per 4 33 1.31 for commercial, 4 2 1,25 for officeAnstitu#G4ial and other System Trip services, and 1,28 for rns itutidnal,and unless the Applicant provides convincing evidence that another factor is more appropriate for the proposed development. Trip Length Weighting =average trip length ratio by land use type as defined in the National Factor Household Travel Survey. _ 113, 294,51„ unless the Applicant provides convincing evidence Net Cost per VMT that another net cost factor is more appropriate for the proposed development. §7-2-3 USE OF STREET FACILITIES DEVELOPMENT FEES. KQ The revenues from street facilities development fees collected within the service area and accrued intereston such revenues shall be used to finance project costs of qualifying major street facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. ||. §7-1-1Oof this Chapter, and are located within the same service area. (B) Qualifying street facilities are limited to improvements hothe oity'n major roadway system. The oih/o major roadway system consists of all city-maintained roadways or portions thereof that are classified as collectors or arterials by the city's adopted Street Classification Plan on file within the Public Works Department. (C) Qualifying improvement costs include project engineering costs;the construction cost of improvement, including but not limited to street travel lanes, public pedestrian and bicycle pathways, turning and deceleration lanes, lighting, signalization, signage, drainage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the street facilities portion of the Capital Improvements Program and in updating the street facilities development fee computations. (D) Monies collected as street facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying street facilities improvements; (2) Retirement of debt incurred for street facilities constructed prior to March 1, 1997; (3) Street facilities improvements, such as acceleration or deceleration lanes, that primarily serve, or are needed to mitigate the impacts ofon individual development; (4) Repair, operation or maintenance of existing streets; (5) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above; (G) Streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as new residential subdivision; or (7) Acquisition of land or right-of-way. Land costs are not included in the street facilities development fee calculations and no development fee funds shall be expended on right-of-way acquisition, nor shall offsets against street facilities development fees be provided for dedication ofright-of-way. ARTICLE 7~3: POLICE FACILITIES DEVELOPMENT FEES Section 7-3-1 Police facilities development fee schedule 7-3-2 Individual assessments of police facilities development fees 7-3-3 Use nf police facilities development fees §7-3-1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE. Police facilities development fees shall be paid in accordance with Vol. 11,Appendix 7-A at the conclusion of Vol. 11, Chepter7. §7-3-2 INDIVIDUAL ASSESSMENTS OF POLICE FACILITIES DEVELOPMENT FEES. (A) The police facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development. The police facilities development fee per development unit shall bo calculated according to the following formula: Police Facilities Nonresidential Level Of Service and Capital Costs Per Nonres Trip Facilities .d0 04.55 Vehicles d-aqr` :; t 55.75 $58,10 Communications Equipment $47-,84 15.80 Development Fee Skidy Report 0.3 TOTAL CAPITAL COST $409.59 $27&82 Police Facilities Nonresidential Development Fee Schedule Nonresidential Land Use Avg. Weekday Cost per Development Vehicle Trips[1] Nonres Trip Fee per 1,000 SF Commercial 1. X 10 0 = 12,21 $278,82 $3.40 Office& Other Services X W53 5.4 7t35 1.5 Industrial A X $409,59 $L127 2.44 $278,82 $0,68 Institutional 15 75:52 $0,99 Lodging (par room) 4.00 X $278,82 $1,115 Assisted Living (per bed) 130 X $278,82 $362 [1] Development Fee Land Use Assumptions Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Vehicle Trips =Weekday Trip Ends per 1,000 Sq. Ft. x Trip Adjustment Factor as defined in the ITE Manual. Weekday Trip Ends per =vehicle trips per 1,000 sq.ft. of nonresidential development as 1,000 Sq. Ft. defined in the ITE Manual. Trip Adjustment Factor = Percentage of all trip ends that represent destination trips as defined in the ITE Manual. _fig: .51 18,59 unless the Applicant provides convincing Net Cost per Person evidence that another net cost factor is more appropriate for the proposed development. Net Cost per Non- _ .50$278,82 unless the Applicant provides convincing Residential Vehicle Trip evidence that another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (B)of this section. 7-3-3 USE OF POLICE FACILITIES DEVELOPMENT FEES. (A) The revenues from police facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying police facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. II, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying police facilities improvements are limited to capital improvements to the city's public safety building, acquisition of land for or construction of police facilities, acquisition of capital equipment required for police operations, or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the police facilities portion of the Capital Improvements Program and in updating the police facilities development fee computations. (C) Monies collected as police facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying police facilities improvements; (2) Retirement of debt incurred for police facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing police facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under division (A)and (B) above. ARTICLE 7-4: PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES Section 7-4-1 Parks and recreational facilities development fee schedule 7-4-2 Individual assessments of parks and recreational facilities development fees Y-4-3 Use of park and recreational facilities development fees §7-4-1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE SCHEDULE. Parks and recreational facilities development fees shall be paid in accordance with Vol. 11,Appendix 7-A at the conclusion of Vol. U. Chapter 7. §7-4-2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The parks and recreational facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include,without limitation,the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development. The parks and recreational facilities development fee per development unit shall be calculated according to the following formula: Parks and Recreational Facilities Level of Service and Infrastructure Per Person Costs Park Amenities $248-,W Trails $2T4�� Development Fee Study Report $&2-9 TOTAL CAPITAL COST $499-.0 Parks and Recreational Facilities Development Fee Schedule Unit Type Persons per Costper Development Household[1] Person Fee [1] Development Fee Land Use Assumptions Parks and Recreational Facilities Development Fee Schedule Nonresidential Land Use Jobs[1] Cost per Development Job Fee per 1,000 SF Commercial 2-.3 X 77:24 = 0. 2.12 $140,26 ;0.30 Office&Other Services 2-47 X W,224 _ 0. � 3.20 $140,26 $0,46 Industrial 0:-34 X -7-T.- - 1.07 $14026 $0,22 institutional> 2.3 X $140,26 $0Aro Lodging (per room) 0,6 1 140.26 9 Assisted Living (per 0ed) 0.01 140 26 8 [1]Trip Generation, Institute of Transportation Engineers, 40th 11"' Edition ( 202)'). Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual. _ 4 , , 3 720.43 unless the Applicant provides convincing evidence Net Cost per Person that another net cost factor is more appropriate for the proposed development. _W-224 $140,26unless the Applicant provides convincing evidence Net Cost per Job that another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (B)of this section. 7-4-3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The revenues from parks and recreational facilities development fees collected within the service area and accrued interest on the revenues shall be used to finance project costs of qualifying parks and recreational facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. ll, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying parks and recreational facilities improvements are limited to park site development costs, including grading, utilities, landscaping, lighting,fencing, signage and construction of parking facilities; acquisition, construction and installation of parks and recreational facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of, the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the parks and recreational facilities portion of the Capital Improvements Program and in updating the parks and recreational facilities development fee computations. (C) Monies collected as parks and recreational facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying parks and recreational facilities improvements; (2) Retirement of debt incurred for parks and recreational facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing parks and recreational facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above. 1472g- s,. 8 --20 tt ) ARTICLE 7-5: LIBRARY FACILITIES DEVELOPMENT FEES Section 7-5-1 Library facilities development fee schedule 7-5-2 Individual assessment of library facilities development fees Y-5-3 Use of library facilities development fees §7-5-1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE. Library facilities development fees shall be paid in accordance with Vol. 11,Appendix 7-A at the conclusion of Vol. 11, Chepter7. §7'5'2 INDIVIDUAL ASSESSMENTS OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The library facilities development fee may be oa|ou|ahod based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include,without limitation,the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development. The development fee per development unit shall be calculated according to the following formula: Library Facilities Level of Service and Infrastructure Costs Per Person Library Debt Facilities $42�97 Development Fee Study Report $3L,27 TOTAL CAPITAL COST $4-299-.24 Library Facilities Development Fee Schedule Unit Type Persons per Costper Development Household[1] Person Fee [1] Development Fee Land Use Assumptions Libraries Facilities Nonresidential Development Fee Schedule Nonresidential Land Use Jobs[1] Cost per Development Job Fee per 1,000 SF Commercial 27 -.. 1 . 2.12 $47,77 $0.10 Office&Other Services 2-,q7 72.01 W,2-2 3.26 4 7 77 $0.16 Industrial 4-. 3 72 t11- $0,12 1.37 $47,77 0"07 institutional 2.3 :4777 $0.14 Lodging (per room) 0.05 4777 $27 Assisted Living (per bed) 0,61 $47,77 29 [1]Trip Generation, Institute of Transportation Engineers,-10tt1 11111 Edition ( 7- 2021). Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual. = 2 . 4- 232.25 unless the Applicant provides convincing evidence Net Cost per Person that another net cost factor is more appropriate for the proposed development. _$-7-2--.64 $47,77 unless the Applicant provides convincing evidence Net Cost per Job that another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in divisions (A)and (B)of this section. 7-5-3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The revenues from library facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying library facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. II, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying library facilities improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting,fencing, signage and construction of parking facilities; acquisition, construction and installation of library facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. The revenues may also fund the cost of consultants used in updating the library facilities portion of the Capital Improvements Program and in updating the library facilities development fee computations. (C) Monies collected as library facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying library facilities improvements; (2) Retirement of debt incurred for library facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing library facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above. APPENDIX 7-A: DEVELOPMENT FEE SCHEDULE Parks& Total Library Recreation Police Streets Development Fee Residential Per Housing Unit Single Family $43-1-69 $609 $00151 $5,9,32 $550 $1,707 $1,229 $3,250 $6,736 Multi-Family $4,71q, $4-,4-3,9 $594 $2—,147- $4v927- $432 $1,340 $965 $1,779 $4,516 Recreational Vehicles $7150 $893 $46-1- $2,447 $4,220 $425 $1,318 $949 $1,779 $4,471 Nonresidential Per Square Foot of Floor Area Commercial $;9A.7. 1$0_48 $4-�37- $6_14 $7,96 $0.10 $030 $3A0 $4�72 $&52 Office&Other Services $0722 $0,23 $-0,53 $2-7,34 $3,32 $0.16 $0,46 $1�51 $2�04 $4.17 Industrial %,42 $0,43 $4,217 $4,4_9 $1-.CA- $0�07 $0,22 $0�68 $0,92 $1.89 Institutional $0.14 $0.40 $0,99 $1.34 $237 Lodging (per roorn) $27 $79 $1,115 $1,545 $2,76 Assisted Uving (per bed) $29 $86 $326 $490 $967 ��,-44-72�-pas&&6"-20119) Article 74. GENERAL PROVISIONS T-2. STREET FACILITIES DEVELOPMENT FEES 7-3. POLICE FACILITIES DEVELOPMENT FEES T-4. PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES 7-5. LIBRARY FACILITIES DEVELOPMENT FEES APPENDIX 7-A: DEVELOPMENT FEE SCHEDULE ARTICLE 7-1: GENERAL PROVISIONS Section 7-1-1 Title 7-1-2 Legislative intent 7-1-3 Purpose and administration 7-1-4 Definitions 7-1-5 Applicability 7-1-6 Service areas 7-1-7 Authority for development fees 7-1-8 Fund accounting for development fees 7'1-Q Land use assumptions 7'1-10 Infrastructure improvements plan 7-1-11 Adoption and modification procedures 7-1-12 Timing for the renewal and updating of the infrastructure improvements plan and the land use assumptions 7-1-13 Collection of development fees 7-1-14 Expenditure of development fees 7-1-15 Development fee credits and credit agreements 7'1'16 Development agreements 7-1-17 Relief procedures and hearings 7-1-18 Development fee ae supplemental regulation to other financing methods 7-1-19 Refunds of development fees 7'1-20 Oversight of development fee program 7'1'21 Calculation of development fees based on fee schedule Editor's note: Effective date for this Chapter/e October 3t2022 §7-1-1 TITLE. This Chapter of the Apache Junction City Code, shall be known as the"Apache Junction City Code Volume 11, Land Development Code, Chapter 7: Development Fees"and may be referred to herein as "this Ordinance"or"this Chapter". §7'1-2 LEGISLATIVE INTENT. (A) This Chapter is adopted for the purpose of promoting the health, safety and general welfare of the residents of the City of Apache Junction by including the cost of infrastructure, improvomenb, real property, engineering and architectural services,financing and professional services as a result of preparation or revision of a development fee including infrastructure improvements plan: (1) Requiring new development to pay its proportionate share of the costs incurred by the city that are associated with providing necessary public services to new development, (2) Setting forth standards and procedures for creating and assessing development fees consistent with the requirements of Arizona Revised Statutes("A.R.S.") §9-463.05. (3) Setting forth procedures for administering the development fee program, including mandatory offsets, credits, and refunds of development fees.All development fee assessments, offsets, credits, or refunds must be administered in accordance with the provisions of this Chapter. (B) This Chapter shall not affect the city's zoning authority or its authority to adopt or amend its general plan, provided that planning and zoning activities by the city may require amendments to development fees pursuant to A.R.S. § 9-463.05. 7-1-3 PURPOSE AND ADMINISTRATION. (A) This Chapter assesses development fees to offset the costs to the city associated with providing necessary public services to a development. The fees shall: (1) Result in a beneficial use to the development; (2) Bear a rational relationship to the burden of the developer; and (3) Be assessed in a non-discriminatory manner. (B) The development fees to be paid by each new development pursuant to this Chapter are to be proportional to the impact based on service units that the new development will have on the types of facilities for which the fees are charged. (C) The city official with primary responsibility for administering this Chapter shall be referred to as the"Development Fee Administrator."The Development Fee Administrator shall be the Director of Development Services unless another person is so designated by the City Manager. The Development Fee Administrator may delegate authority conferred by this Chapter to other city staff. §7-1-4 DEFINITIONS. For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Singular terms shall include their plural. APPLICANT.A person who applies to the city for a construction or improvement permit. APPURTENANCE.Any fixed machinery or equipment, structure or other fixture, including integrated hardware, software or other components, associated with a capital facility that are necessary or convenient to the operation, use, or maintenance of a capital facility, but excluding replacement of the same after initial installation. AQUATIC CENTER.A facility primarily designed to host non-recreational competitive functions generally occurring within water, including, but not limited to, water polo games, swim meets, and diving events. Such facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities, including but not limited to, locker rooms, offices, snack bars, bleacher seating, and shade structures. ASSISTED LIVING. Establishments primarily providing either routine general protective oversight, assistance with activities necessary for independent living to mentally or physically limited persons, or establishments providing care for persons who are unable to care for themselves. By way of example, Assisted Living includes assisted living facilities, nursing homes, rest homes, chronic care homes, and convalescent homes. CONSTRUCTION OR IMPROVEMENT PERMIT.Any permit issued by the city that authorizes vertical construction, increases square footage, authorizes changes to land use, or provides for the addition of a residential or non-residential point of demand to a water or wastewater system. CAPITAL FACILITY.An asset having a useful life of 3 or more years that is a component of 1 or more categories of necessary public service provided by the city.A capital facility may include any associated purchase of real property, architectural and engineering services leading to the design and construction of buildings and facilities, improvements to existing facilities, improvements to or expansions of existing facilities, and associated financing and professional services. Wherever used herein, INFRASTRUCTURE shall have the same meaning as CAPITAL FACILITIES. CATEGORY OF DEVELOPMENT.A specific category of residential, commercial, office, industrial, or institutional development against which a development fee is calculated and assessed.The city assesses development fees against the following categories of development: residential, commercial, office, industrial, and institutional. CATEGORY OF NECESSARY PUBLIC SERVICE. A category of necessary public services for which the city is authorized to assess development fees, as further defined by A.R.S. §9-463.05. CITY. The City of Apache Junction,Arizona. COMMERCIAL LAND USE. Establishments primarily selling merchandise, eating/drinking places, and entertainment uses. By way of example, commercial includes shopping centers, supermarkets, pharmacies, restaurants, bars, nightclubs, automobile dealerships, and movie theaters. This term shall not include manufacturing, distribution or general warehousing activities as a primary use. CREDIT.A reduction in an assessed development fee resulting from developer contributions to, payments for, construction of, or dedications for capital facilities included in an Infrastructure Improvements Plan pursuant to A.R.S. §9- 463.05 (or as otherwise permitted by this Chapter). CREDIT AGREEMENT. A written agreement between the city and the developer(s) of subject development that allocates credits to the subject development pursuant to Vol. 11, § 7-1-15 of this Chapter. A credit agreement may be included as part of a development agreement pursuant to Vol. 11, §7-1-16 of this Chapter. CREDIT ALLOCATION.A term used to describe when credits are distributed to a particular development or parcel of land after execution of a credit agreement, but are not yet issued. CREDIT ISSUANCE.A term used to describe when the amount of an assessed development fee attributable to a particular development or parcel of land is reduced by applying a credit allocation. DEVELOPER.An individual,group of individuals, partnership, corporation, limited liability company, association, municipal corporation, state agency, or other person or entity undertaking land development activity, and their respective successors and assigns. DEVELOPMENT AGREEMENT.An agreement prepared in accordance with the requirements of Vol. 11, §7-1-16 of this Chapter,A.R.S. §9-500.05, and any applicable requirements of the city code. DEVELOPMENT FEE REPORT.A written report developed pursuant to A.R.S. §9-463.05 that identifies the methodology for calculating the amount of each development fee, explains the relationship between the development fee to be assessed and the cost per service unit calculated in the Infrastructure Improvements Plan, and which meets other requirements set forth in A.R.S. §9-463.05. DIRECT BENEFIT.A benefit to a service unit resulting from a capital facility that: (a)addresses the need for a necessary public service created in whole or in part by the service unit; and that(b)meets either of the following criteria: (i)the capital facility is located in the immediate area of the service unit and is needed in the immediate area of the service unit to maintain the level of service; or(ii)the capital facility substitutes for, or eliminates the need for a capital facility that would have otherwise have been needed in the immediate area of the service unit to maintain the city's level of service. DWELLING, MULTIPLE OR 2+ UNIT LAND USE.A building containing 2 or more primary dwelling units on a single lot. Types of multiple residence dwellings include duplexes,garden apartments, and multi-story apartment buildings as well as a guest house. DWELLING, SINGLE UNIT-MANUFACTURED HOMES LAND USE.A single unit dwelling unit located in a manufactured home park and designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city, and shall be interpreted as the creation of a new mobile home or recreational vehicle (as defined in A.R.S. §41-2142(26))space in a mobile home or recreational vehicle park. Mobile home includes both occupied and vacant mobile homes, to which no permanent rooms have been added. Mobile homes used only for business purposes or for extra sleeping space and mobile homes for sale on a dealer's lot, at the factory, or in storage are not counted in the housing inventory. DWELLING, SINGLE UNIT OR SINGLE-FAMILY LAND USE. (1) Single-family detached is a one-unit structure detached from any other house, that is, with open space on all four sides. Such structures are considered detached even if they have an adjoining shed or garage. A one-family house that contains a business is considered detached if the building has open space on all four sides. (2) Single-family attached (townhouse)is a one-unit structure that has one or more walls extending from ground to roof separating it from adjoining structures. In row houses (sometimes called townhouses), double houses, or houses attached to nonresidential structures,each house is a separate, attached structure if the dividing or common wall goes from ground to roof. DWELLING UNIT.A house, apartment, mobile home or trailer, group of rooms, or single room occupied as separate living quarters or, if vacant, intended for occupancy as separate living quarters. EQUIPMENT. Machinery, tools, materials, and other supplies, not including vehicles, that are needed by a capital facility to provide the level of service specified by the Infrastructure Improvements Plan but excluding replacement of the same after initial development of the capital facility. EXCLUDED LIBRARY FACILITY. Library facilities for which development fees may not be charged pursuant to A.R.S. § 9-463.05. EXCLUDED PARK FACILITY. Parks and recreational facilities for which development fees may not be charged pursuant to A.R.S. §9-463.05. FINANCING OR DEBT.Any debt, bond, note, loan, inter-fund loan, fund transfer, or other debt service obligation used to finance the development or expansion of a capital facility. GENERAL PLAN. The most current version of the City of Apache Junction General Plan and all adopted amendments thereto. GROSS DEVELOPMENT FEE.The total development fee to be assessed against a subject development on a per unit basis, prior to subtraction of any credits. INDUSTRIAL LAND USE. Establishments primarily engaged in the production, transportation, or storage of goods. By way of example, industrial includes manufacturing plants, distribution warehouses, trucking companies, utility substations, power generation facilities, and telecommunications buildings. By way of example, industrial includes manufacturing plants, distribution warehouses,trucking companies, utility substations, power generation facilities, and telecommunications buildings. INFRASTRUCTURE IMPROVEMENTS PLAN.A document or series of documents that meet the requirements set forth in A.R.S. § 9-463.05, including those adopted pursuant to Vol. 11, §7-1-10 of this Chapter to cover any category or combination of categories of necessary public services. INSTITUTIONAL LAND USE. Public and quasi-public buildings providing educational, social assistance, or religious services on real property. By way of example, institutional includes schools, universities, churches, daycare facilities, and government buildings. INDIVIDUAL ASSESSMENT.Alternate calculation of development fees performed at developer's direction using criteria approved by the Development Fee Administrator. LAND USE ASSUMPTIONS. Projections of changes in land uses, densities, intensities and population for a service area over a period of at least 10 years, and developed pursuant to A.R.S. §9-463.05. LEVEL OF SERVICE.A quantitative and/or qualitative measure of a necessary public service that is to be provided by the city to development in a particular service area, defined in terms of the relationship between service capacity and service demand, accessibility, response times, comfort or convenience of use, or other similar measures or combinations of measures. LEVEL OF SERVICE may be measured differently for different categories of necessary public services, as identified in the applicable Infrastructure Improvements Plan. LIBRARY FACILITIES.A category of necessary public services in which literary, musical, artistic, or reference materials are kept(materials may be kept in any form of media such as electronic, magnetic, or paper)for non-commercial use by the public in a facility providing a direct benefit to development. Libraries do not include excluded library facilities, although a library may contain, provide access to, or otherwise support an excluded library facility. LODGING. A place of lodging that provides sleeping accommodations and may include supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities(pool,fitness room, etc.), and/or other retail and service shops. MANUFACTURED HOME PARK.Any development providing rental spaces for occupancy on a non-permanent basis for manufactured homes and/or recreational vehicles. MULTI-FAMILY LAND USE. Units in structures containing two or more housing units,further categorized as units in structures with "2, 3 or 4, 5 to 9, 10 to 19, 20 to 49 and 50 or more apartments." NECESSARY PUBLIC SERVICES. The meaning prescribed in A.R.S. §9-463.05(T)(7), as amended. NONRESIDENTIAL LAND USES. Those defined according to the descriptions of land uses in the most current edition of Trip Generation, published by the Institute of Transportation Engineers, provided that retail uses not separately identified shall be classified in the shopping center category, and institutional uses not separately identified shall be classified in the general office category. OFFICE LAND USE.A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations. OFFICE AND OTHER SERVICES. Establishments providing management, administrative, professional, or business services; personal and health care services. By way of example, Office and Other services includes banks, business offices, hotels and motels, and hospitals. OFFSET.An amount which is subtracted from the overall costs of providing necessary public services to account for those capital components of infrastructure or associated debt that have been or will be paid for by a development through taxes, fees (except for development fees), and other revenue sources, pursuant to A.R.S. §9-463.05. PARKS AND RECREATIONAL FACILITIES.A category of necessary public services including but not limited to parks, multi-use recreational trails, swimming pools and related facilities and equipment located on real property not larger than 30 acres in area, as well as park facilities larger than 30 acres where such facilities provide a direct benefit. PARKS AND RECREATIONAL FACILITIES do not include excluded park facilities, although parks and recreational facilities may contain, provide access to, or otherwise support an excluded park facility. PLEDGED.Where used with reference to a development fee, a development fee shall be considered "pledged"where it was identified by the city as a source of payment or repayment for financing or debt that was identified as the source of financing for a necessary public service for which a development fee was assessed pursuant to the then-applicable provisions of A.R.S. §9-463.05. POLICE FACILITIES.A category of necessary public services, including vehicles and equipment, that are used by law enforcement agencies to preserve the public peace, prevent crime, detect and arrest criminal offenders, protect the rights of persons and property, regulate and control motorized and pedestrian traffic, train sworn personnel, and/or provide and maintain police records, vehicles, equipment, and communications systems. POLICE FACILITIES do not include vehicles and equipment used to provide administrative services, or helicopters or airplanes, and any facility that is used for training officers from more than 1 station or substation. QUALIFIED PROFESSIONAL.Any 1 of the following: (1) A professional engineer, surveyor,financial analyst or planner, or other licensed professional providing services within the scope of that person's education or experience related to city planning, zoning, or impact development fees and holding a license issued by an agency or political subdivision of the State of Arizona; (2) A financial analyst, planner, or other non-licensed professional that is providing services within the scope of the person's education or experience related to city planning, zoning, or impact development fees; or (3) Any other person operating under the supervision nf1or more of the above. RECREATIONAL VEHICLE.A recreational vehicle(as defined inA.R.S. §41-2142(3O)) io any living quarters occupied eue housing unit that does not fit the other categories (e.g., houseboats, railroad cars, campers, and vans). Recreational vehicles, boats, vans, railroad cars, and the like are included only if they are occupied as a current place of residence. RECREATIONAL VEHICLE PARK. Facilities for the temporary storage, parking and maneuvering of recreational vehicles with adequate roads and stall sites, including sanitary and water facilities with locations provided on a day-to-day basis. RESIDENTIAL LAND USE. A building or portion thereof designed exclusively for residential occupancy in conformance with the provisions of the Uniform Building Code adopted and amended by the city. SERVICE AREA.Any specified area within the boundaries of the city within which: (1) The city will provide a category of necessary public services to development at a planned level of service; and (2) Within which: (i) a oubatonUe| nexus exists between the capital facilities to be provided and the development to be served; or(ii) in the case of library facilities or a park facility larger than 30 acres, a direct benefit exists between the library facilities or park facilities and the development to be served, each as prescribed in the Infrastructure Improvements Plan. (3) Some or all of the capital facilities providing service to a service area may be physically located outside of that service area provided that the required substantial nexus or direct benefit is demonstrated to exist. SERVICE UNIT.A standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated pursuant to generally accepted engineering or planning standards for a particular category of necessary public services. STREET FACILITIES.A category of necessary public services including arterial or collector streets or roads,traffic signals, rights-of-way, and improvements thereon, bridges, culverts, irrigation tiling, storm drains, and regional transportation facilities. SUBJECT DEVELOPMENT.A land area linked by a unified plan of development,which must be contiguous unless the land area is part of a Development Agreement executed in accordance with Vol. 11, §7-1-16 of this Chapter. SUBSTANTIAL NEXUS.A substantial nexus exists where the demand for a category of necessary public services that will be generated by a service unit can be reasonably quantified in terms of the burden it will impose on the available capacity of existing capital facilities, the need it will create for new or expanded capital facilities, and/or the benefit to the development from those capital facilities. SWIMMING POOL.A public facility primarily designed and/or utilized for recreational non-competitive functions generally occurring within water, including, but not limited to, swimming classes, open public swimming sessions, and recreational league swimming/diving events. The facility may be indoors, outdoors, or any combination thereof, and includes all necessary supporting amenities. USEFUL LIFE. The period of time in which an asset can reasonably be expected to be used under normal conditions, whether or not the asset will continue to be owned and operated by the city over the entirety of such period. VEHICLE.Any device, structure, or conveyance utilized for transportation in the course of providing a particular category of necessary public services at a specified level of service, excluding helicopters and other aircraft. §7'1'5APPLICABILITY. The collection of development fees shall apply to all new development in the city, unless excepted in accordance with Vol. §7-1-6 SERVICE AREAS. (A) For the purpose of all development fees,the service area shall be all of the incorporated area of the city. (B) Development fees shall be assessed only on new development located within the service area. (C) Development fees collected within the service area shall be spent within the service area. (D) The appropriateness of the designation and boundaries of the service area(s)shall be reviewed by the city as part of the development fee revision process pursuant hoA.R.S. §0-463.U5. Following such review and e public hearing,the service avea(o) may boamended. §7-1-7 AUTHORITY FOR DEVELOPMENT FEES. (A) The city may assess and collect a development fee for costs of necessary public services, including all professional services required for the preparation or revision of an Infrastructure Improvements Plan, Development Fee Report, development fee, and required reports or audits conducted pursuant to this Chapter. Development fees shall be subject to the following requirements: (1) The city shall develop and adopt a Development Fee Report that analyzes and defines the development fees toba charged in each service area for each capital facility category, based on the Infrastructure Improvements Plan, pursuant to A.R.S. §A-483.O5. (2) Development fees shall be assessed against all new residential, commercial, office, institutional, and industrial developments, provided that the city may assess different amounts of development fees against specific categories of development based on the actual burdens and costs that are associated with providing necessary public services to that category ofdevelopment. No development fee aho|| exceed the ooai per service unit for any category of development. (3) No development fees shall be charged, or credits issued,for any capital facility that does not fall within 1 of the categories of necessary public services for which development fees may be assessed as identified in Vol. 11, §7-1-10 of this Chapter. (4) Costs for necessary public services made necessary by new development shall be based on the same level of service provided to existing development in the same service area. Development fees may not be used to provide a higher level of service to existing development or to meet stricter safety, efficiency, environmental, or other regulatory standards to the extent that these are applied to existing capital facilities that are serving existing development. (5) Development fees may not be used to pay the city's administrative, maintenance, or other operating costs. (0) Projected interest charges and financing costs can only be included in development fees to the extent they represent principal and/or interest on the portion of any financing or debt used to finance the construction or expansion of a capital facility identified in the Infrastructure Improvements Plan. (7) All development fees shall meet the requirements of&R.S. § 9-463.05� (B) The Development Fee Report shall summarize the costs of capital facilities necessary to serve new development on e per service unit basis as defined and calculated in the Infrastructure Improvements P|en, including all required offaoto, and shall recommend a development fee structure for adoption by the city. The actual development fees to be assessed shall be disclosed and adopted in the form of development fee schedules described in this Chapter. (C) Defined terms in any previously established fee schedule shall be interpreted according to the ordinance in effect at §7-1-8 FUND ACCOUNTING FOR DEVELOPMENT FEES. (A) The City Finance Department shall establish a separate accounting fund in which the development fees collected for a particular type of capital facility within the service area shall be credited. Such fees shall be invested by the city and the yield on those fees, at the actual rate of return to the city, shall be credited to such accounting fund periodically in accordance with the accounting policies of the city. The funds need not be segregated from other city monies for banking purposes. (B) (1)Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for that fund. (2) Development fees and any interest thereon collected pursuant to this Chapter shall be spent to provide capital facilities associated with the same category of necessary public services in the same service area for which they were collected, including costs of financing or debt used by the city to finance such capital facilities and other costs authorized by this Chapter that are included in the Infrastructure Improvements Plan. (C) The City Finance Department shall maintain and keep financial records for the accounting fund showing the revenues to the fund and the disbursements from that fund, in accordance with normal city accounting practices. The records of the fund shall be open to public inspection in the same manner as other financial records of the city. (D) The city shall issue as part of the report required in Vol. 11, §7-1-20 of this Chapter an unaudited accounting of all development fee funds. §74-g LAND USE ASSUMPTIONS. (A) The Infrastructure Improvements Plan shall be consistent with the city's current land use assumptions for each service area and each category of necessary public services as adopted by the city pursuant to A.R.S. § 9-483.05. (B) The land use assumptions shall be renewed, updated, developed, adopted, and modified subject to the procedures required byA.R.S. §0-463.05. §7-1-1O INFRASTRUCTURE IMPROVEMENTS PLAN. (A) The Infrastructure Improvements Plan shall be developed by qualified professionals and may be based upon or incorporated within the city's Capital Improvements Plan,when/if available, and/or other capital facilities plans. (B) (1)The Infrastructure Improvements Plan shall comply with the requirements of A.R.S. §A-4S3.05. and shall: (2) Specify the categories of necessary public services for which the city will impose a development fee, which may include any ur all of the following: (a) Street facilities. (b) Police. (c) Parks and recreational facilities. (d) Libraries. §7-1-11 ADOPTION AND MODIFICATION PROCEDURES. The Infrastructure Improvements Plan shall be adopted or amended subject to the procedures required by A.R.S. §0- 483.05. §7-1-12 TIMING FOR THE RENEWAL AND UPDATING OF THE INFRASTRUCTURE IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS. All necessary renewals and updates of the Infrastructure Improvements Plan and land use assumptions shall comply with procedures required byA.R.S. §0-463.O5. §7-1-13CKDLLECT|ON OF DEVELOPMENT FEES. (A) Development fees, together with administrative charges assessed pursuant to division (A)(5)of this section, shall be calculated and collected prior to issuance of permission to commence development, specifically: (1) Except asset forth in division (A)(2) below, the development fees for all new development shall be calculated and collected in conjunction with the application for the first building permit or electrical permit, certificate of compliance or occupancy, or other permit subsequent to development plan approval for such development, whichever occurs first in time. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect.At the time the development fees are paid in full, a permit shall be issued. (2) For other uses not ultimately requiring a building permit, electrical permit, certificate of compliance or occupancy, or other permit, the fee shall be calculated and collected at such time as determined by the Development Fee Administrator. However, in no case shall the Development Fee Administrator allow prepayment of development fees in order to avoid higher fees which the council has passed but have yet to go into effect.At the time the development fees are paid in full, a permit shall be issued. (3) If the building permit is for a change in the type of building use, an increase in square footage, or a change to land use, the development fee shall be assessed on the additional service units resulting from the expansion or change, and following the development fee schedule applicable to any new use type. (4) No building permit or certificate of occupancy shall be issued if a development fee is not paid as directed in the previous division. (5) For issued permits that expire or are voided, development fees and administrative charges shall be as follows: (a) If the original permittee is seeking to renew an expired or voided permit, and the development fees paid for such development have not been refunded, then the permittee shall pay the difference between any development fees paid at the time the permit was issued and those in the fee schedule at the time the permit is reissued or renewed. (b) If anew or renewed permit for the same development is being sought by someone other than the original permittee,the new permit applicant shall pay the full development fees specified in the fee schedule in effect at the time that the permits are reissued or renewed. If the original permittee has assigned its rights under the permits to the new permit applicant, the new permit applicant shall pay development fees as if it were the original permittee. (B) Development fees for mobile/manufactured home and recreational vehicle parks including campgrounds shall be assessed for the entire development, based on the number of manufactured home and recreational vehicle spaces and camping spaces created at the time of application for the first building, electrical or other permit for the development. No additional development fees shall be assessed on subsequent building or electrical permits in the manufactured home or recreational vehicle park unless additional spaces are created. Development fees for mobile/manufactured homes and campgrounds placed on single parcels shall be assessed in the same manner as site-built or conventional homes. (C) Development fees shall not be owed under any of the following conditions: (1) Development fees have been paid for the development and the permit(s)which triggered the collection of the development fees have not expired or been voided. (2) Modifications requiring approval are made to existing development, or vacant property that previously accommodated any legally established development and do not: (a)add new service units; (b)increase the impact of previous or existing service units on existing or future capital facilities; or(c)change the land-use type of the previous or existing development to a different category of development for which a higher development fee would have been due. To the extent that any modification does not meet the requirements of this division, the development fee due shall be the difference between the development fee that was or would have been due on the previous or existing development and the development fee that is due on the development as modified. (3) Placing on a lot or parcel in the city a temporary construction trailer or office, but only for the life of the building permit issued for the construction served by the trailer or office. (4) Expansion, upgrade or repair of a legally established existing residential dwelling unit or structure. (5) Construction or installation of a development on vacant property that previously accommodated any legally established development, subject to the terms of division (C)(2)above. (6) Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational,filling or dredging purposes which, in the opinion of the Development Fee Administrator, will not result in a net increase of more than 1 one-way average daily trip. (D) New developments in the city shall be temporarily exempt from increases in development fees that result from the adoption of new or modified development fee schedules as follows: (1) Residential uses. On or after the day that the first building permit is issued for a single unit residential development, the city shall, at the permittee's request, provide the permittee with an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that the first building permit is issued, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same single unit residential development shall not be subject to any new or modified development fee schedule. (2) Commercial, office, industrial, institutional, and 2+unit dwelling unit structures.On or after the day that the final approval, as defined in A.R.S. §9-463.05(T)(4), is issued for a commercial, office, industrial, institutional or 2+ unit development, the city shall provide an applicable development fee schedule that shall be in force for a period of 24 months beginning on the day that final development approval of a site plan or final subdivision plat is given, and which shall expire at the end of the first business day of the 25th month thereafter. During the effective period of the applicable development fee schedule, any building permit issued for the same development shall not be subject to any new or modified development fee schedule. (3) Other development. Any category of development not covered under divisions (D)(1)and (2)of this section shall pay development fees according to the fee schedule that is current at the time of collection as specified in division (A)of this section. (4) Changes to Site Plans and Subdivision Plats. Notwithstanding the other requirements of this division, if changes are made to a development's final Site Plan or subdivision plat that will increase the number of service units after the issuance of a previously adopted and then-in effect development fee schedule, the city may assess any new or modified development fees against the additional service units. If the city reduces the amount of an applicable development fee during the period that a previously adopted and then-in effect development fee schedule is in force, the city shall assess the lower development fee. (E) Option to pursue special fee determination.Where a subject development is of a type that does not closely fit within a particular category of development appearing on an adopted development fee schedule, or where a subject development has unique characteristics such that the actual burdens and costs associated with providing necessary public services to that development will differ substantially from that associated with other developments in a specified category of development, the city may require the applicant to provide the Development Fee Administrator or authorized designee with an alternative development fee analysis. Based on a projection of the actual burdens and costs that will be associated with the subject development,the alternative development fee analysis may propose a unique fee for the development based on the application of an appropriate service unit factor to the applicable cost per service unit, or may propose that the development be covered under the development fee schedule governing a different and more analogous category of development. The Development Fee Administrator or authorized designee shall review the alternative impact fee analysis and shall make a determination as to the development fee to be charged. Such decision shall be appealable pursuant to Vol. II, §7-1-17 of this Chapter. The Development Fee Administrator or authorized designee may require the applicant to pay an administrative fee to cover the actual costs of reviewing the special fee determination application. (F) Individual assessment of development fees. If any applicant believes that the impact of the proposed development will be substantially less than would be indicated by using the fee schedule, the person may request to perform an individual assessment of the impact of the proposed development at his or her own cost.A request for an individual assessment must be made before submitting an application for a building permit. (1) The individual assessment shall be subject to the following special standards and procedures: (a) Street facilities development fees (as set forth in Vol. 11,Article 7-2); (b) Police facilities development fees(as set forth in Vol. II,Article 7-3); (c) Parks and recreational facilities development fees (as set forth in Vol. 11,Article 7-4); (d) Library facilities development fees(as set forth in Vol. II,Article 7-5); and (2) If the Development Fee Administrator accepts the computations of the individual assessment under this Chapter, the applicable fee shall be determined from the individual assessment. 7-1-14 EXPENDITURE OF DEVELOPMENT FEES. (A) Development fees may only be spent on qualifying improvements, as follows: (1) Street facilities development fees shall be spent as set forth in Vol. II, §7-2-3; (2) Police facilities development fees shall be spent as set forth in Vol. II, §7-3-3; (3) Parks and recreational facilities development fees shall be spent as set forth in Vol. 11, §7-4-3; (4) Library facilities development fees shall be spent as set forth in Vol. 11, §7-5-3; (B) Time limit. Development fees collected after October 31, 2022 shall be used within 10 years of the date upon which they were collected for all categories of necessary public services. §7-1-15 DEVELOPMENT FEE CREDITS AND CREDIT AGREEMENTS. (A) Eligibility of capital facility. All development fee credits must meet the following requirements: (1) One of the following is true: (a) The capital facility, or the financial contribution toward a capital facility that will be provided by the developer and for which a credit will be issued, must be identified in an adopted Infrastructure Improvements Plan and Development Fee Report as a capital facility for which a development fee was assessed; or (b) The applicant must demonstrate to the satisfaction of the city that, given the class and type of improvement, the subject capital facility should have been included in the Infrastructure Improvements Plan in lieu of a different capital facility that was included in the Infrastructure Improvements Plan and for which a development fee was assessed. If the subject capital facility is determined to be eligible for a credit in this manner,the city shall amend the Infrastructure Improvements Plan to: (i)include the subject replacement facility; and (ii)delete the capital facility that will be replaced. (2) Credits shall not be available for any infrastructure provided by a developer if the cost of such infrastructure will be repaid to the developer by the city through another agreement or mechanism. To the extent that the developer will be paid or reimbursed by the city for any contribution, payment, construction, or dedication from any city funding source including an agreement to reimburse the developer with future collected development fees pursuant to Vol. 11, §7-1-16 of this Chapter, any credits claimed by the developer shall be: (a)deducted from any amounts to be paid or reimbursed by the city; or(b) reduced by the amount of such payment or reimbursement. (B) Eligibility of subject development. To be eligible for a credit, the subject development must be located within the service area of the eligible capital facility. (C) Calculation of credits. (1) Credits will be based on that portion of the costs for an eligible capital facility identified in the adopted Infrastructure Improvements Plan for which a development fee was assessed pursuant to the Development Fee Report. If the gross development fee for a particular category of necessary public service is adopted at an amount lower than the cost per service unit,the amount of any credit shall be reduced in proportion to the difference between the cost per service unit and the gross development fee adopted.A credit shall not exceed the actual costs the applicant incurred in providing the eligible capital facility. (2) Credits will be based on the included costs in the calculation of the cost per service unit for each category of necessary public service, including costs of land acquisition, improvements, engineering and architectural services, studies leading to design, design, construction,financing, and administrative costs, as well as projected costs of inflation. (D) Allocation of credits. Before any credit can be issued to a subject development(or portion thereof), the credit must be allocated to that development by executing a credit agreement between the developer and the city stating the total amount of the credits resulting from provision of an eligible capital facility. (1) It is the responsibility of the developer to request allocation of development fee credits through an application for a credit agreement(which may be part of a Development Agreement entered into pursuant to Vol. 11, § 7-1-16 of this Chapter). (2) If a building permit is issued, and a development fee is paid prior to execution of a Credit Agreement for the subject development, no credits may be allocated retroactively to that permit. Credits may be allocated to any remaining permits for the subject development in accordance with this Chapter. (3) If the entity that provides an eligible capital facility sells or relinquishes a development(or portion thereof)that it owns or controls prior to execution of a Credit Agreement or Development Agreement, credits resulting from the eligible capital facility will only be allocated to the development if the entity legally assigns such rights and responsibilities to its successor(s)in interest for the subject development. (4) If multiple entities jointly provide an eligible capital facility, all entities must enter into a single Credit Agreement with the city, and any request for the allocation of credit within the subject development(s)must be made jointly by the entities that provided the eligible capital facility. (E) Credit Agreement. Credits shall only be issued pursuant to a Credit Agreement executed in accordance with division (D) of this section.The City Manager or authorized designee is authorized by this Chapter to enter into a Credit Agreement with the controlling entity of a subject development, subject to the following: (1) The developer requesting the Credit Agreement shall provide all information requested by the city to allow it to determine the value of the credit to be applied. (2) An application for a Credit Agreement shall be submitted to the city by the developer within one year of the date on which ownership or control of the capital facility passes to the city. (3) The developer shall submit a draft Credit Agreement to the City Manager or authorized designee(s)for review. The draft Credit Agreement shall include, at a minimum, all of the following information and supporting documentation: (a) A legal description and map depicting the location of the subject development for which credit is being applied. The map shall depict the location of the capital facilities that have been or will be provided. (b) An estimate of the total service units that will be developed within the subject development depicted on the map and described in the legal description. (c) A list of the capital facilities, associated physical attributes, and the related costs as stated in the Infrastructure Improvements Plan. (d) Documentation showing the date(s)of acceptance by the city, if the capital facilities have already been provided. (e) The total amount of credit to be applied within the subject development and the calculations leading to the total amount of credit. (f) The credit amount to be applied to each service unit within the subject development for each category of necessary public services. (4) Calculation and payment of credits not involving transfer of land, non-contiguous parcels, or delayed fee payments shall be approved by the City Manager or authorized designee(s). Credit Agreements for all other subject development shall be approved by the City Manager prior to its execution. The City Manager's determination of the credit to be allocated is final. (5) Upon execution of the Credit Agreement by the city and the applicant, credits shall be deemed allocated to the subject development. (6) Any amendment to a previously approved credit agreement must be initiated within 2 years of the city's final acceptance of the eligible capital facility for which the amendment is requested. (7) Any Credit Agreement approved as part of a Development Agreement shall be amended in accordance with the terms of the Development Agreement and Vol. 11, § 7-1-16 of this Chapter. (F) Issuance of credits. Credits allocated pursuant to division (D)of this section may be issued and applied toward the gross development fees due from a development, subject to the following conditions: (1) Credits issued for an eligible capital facility may only be applied to the development fee due for the applicable category of necessary public services, and may not be applied to any fee due for another category of necessary public services. (2) Credits shall only be issued when the eligible capital facility from which the credits were derived has been accepted by the city or when adequate security for the completion of the eligible capital facility has been provided in accordance with all terms of an executed Development Agreement. (3) Where credits have been issued pursuant to division (F)(2)of this section, a development fee due at the time a building permit is issued shall be reduced by the credit amount stated in or calculated from the executed Credit Agreement. Where credits have not yet been issued, the gross development fee shall be paid in full, and a refund of the credit amount shall be due when the developer demonstrates compliance with division (F)(2)of this section in a written request to the city. (4) Credits, once issued, may not be rescinded or reallocated to another permit or parcel, except that credits may be released for reuse on the same subject development if a building permit for which the credits were issued has expired or been voided and is otherwise eligible for a refund under Vol. 11, § 7-1-19(A)(2)(a)of this Chapter. (5) Notwithstanding the other provisions of this Vol. II, §7-1-15, credits issued prior to October 31, 2022 may only be used for the subject development for which they were issued. Such credits may be transferred to a new owner of all or part of the subject development in proportion to the percentage of ownership in the subject development to be held by the new owner. 7-1-16 DEVELOPMENT AGREEMENTS. Development Agreements containing provisions regarding development fees, development fee credits, and/or disbursement of revenues from development fee accounts shall comply with the following: (A) Development agreement required.A development agreement is required to authorize any of the following: (1) To issue credits prior to the city's acceptance of an eligible capital facility. (2) To allocate credits to a parcel that is not contiguous with the subject development and that does not meet the requirements of Vol. 11, §7-1-15(E)(7)of this Chapter. (3) To reimburse the developer of an eligible capital facility using funds from development fee accounts. (4) To allocate different credit amounts per service unit to different parcels within a subject development. (5) For a single unit residential dwelling unit, to allow development fees to be paid at a later time than the issuance of a building permit as provided in this section. (B) General requirements. All Development Agreements shall be prepared and executed in accordance with A.R.S. § 9- 500.05 and any applicable requirements of the City Code. Except where specifically modified by this section, all provisions of Vol. II, § 7-1-15 of this Chapter shall apply to any Credit Agreement that is authorized as part of a Development Agreement. (C) Early credit issuance.A Development Agreement may authorize the issuance of credits prior to acceptance of an eligible capital facility by the city when the Development Agreement specifically states the form and value of the security(i.e. bond, letter of credit, and the like)to be provided to the city prior to issuance of any credits. The city shall determine the acceptable form and value of the security to be provided. (D) Non-contiguous credit allocation. A Development Agreement may authorize the allocation of credits to a non- contiguous parcel only if all of the following conditions are met: (1) The non-contiguous parcel is in the same service area as that served by the eligible capital facility. (2) The non-contiguous parcel receives a necessary public service from the eligible capital facility. (3) The Development Agreement specifically states the value of the credits to be allocated to each parcel and/or service unit, or establishes a mechanism for future determination of the credit values. (E) Uneven credit allocation. The Development Agreement must specify how credits will be allocated amongst different parcels on a per-service unit basis, if the credits are not to be allocated evenly. If the Development Agreement is silent on this topic, all credits will be allocated evenly amongst all parcels on a per-service unit basis. (F) Use of reimbursements. Funds reimbursed to developers from development fee accounts for construction of an eligible capital facility must be utilized in accordance with applicable law for the use of city funds in construction or acquisition of capital facilities, including A.R.S. §§34-201 et seq. (G) Deferral of fees. A Development Agreement may provide for the deferral of payment of development fees for a residential development beyond the issuance of a building permit; provided that a development fee may not be paid later than the 15 calendar days after the issuance of the certificate of occupancy for that dwelling unit. The Development Agreement shall provide for the value of any deferred development fees to be supported by appropriate security, including a surety bond, letter of credit, or cash bond. (H) Waiver of fees. If the city agrees to waive any development fees assessed on development in a Development Agreement, the city shall reimburse the appropriate development fee account(s)for the amount that was waived pursuant to A.R.S. §9-463.05. (1) No obligation. Nothing in this section obligates the city to enter into any Development Agreement or to authorize any type of Credit Agreement permitted by this section. 7-1-17 RELIEF PROCEDURES AND HEARINGS. The developer who owes, has paid a development fee, or disagrees with the offset amount determined by the Development Fee Administrator, may appeal to the City Manager in accordance with the following procedures: (A) Form of appeal. Such appeal must be filed with the Development Fee Administrator in writing: either within 30 calendar days after the date the city notified the developer of an assessment or offset determination; or within 30 calendar days after the developer paid the development fee. (B) Fees during pendency.Any building permit issued before the appeal is filed shall be considered stayed until after the appeal process has concluded.Any work in progress completed during the appeal process shall be performed at the developer's own risk. Failure to pay the development fees as determined on appeal shall result in the withholding by the city of the certificate of occupancy for the subject development. (C) The City Manager must render a decision within 30 calendar days after the appeal is received by the Development Fee Administrator. The City Manager's failure to render a decision within the 30 calendar days, absent a continuance request by the developer, shall result in the developer's position prevailing over the city's. The developer shall be notified of the City Manager's decision in writing within 30 calendar days after the appeal is received by the Development Fee Administrator. (D) Final decision. The decision of the City Manager shall be considered the final administrative decision of the city.Any further appeals shall be pursuant to A.R.S. §§ 12-901 et seq. §7-1-18 DEVELOPMENT FEE AS SUPPLEMENTAL REGULATION TO OTHER FINANCING METHODS. (A) Except as herein otherwise provided, development fees are in addition to any other requirements, taxes,fees or assessments imposed by the city on development or the issuance of building permits or certificates of occupancy which are imposed on and due against property within the jurisdiction of the city. Development fees are intended to be consistent with the city's General Plan, Capital Improvements Program, Land Development Code, and other city policies, ordinances and resolutions by which the city seeks to ensure the provision of capital facilities in conjunction with development. (B) In addition to the use of development fees, the city may finance qualifying capital facilities through the issuance of bonds, the formation of assessment districts or any other authorized mechanism, in a manner and subject to such limitations as provided by law. §7-1-19 REFUNDS OF DEVELOPMENT FEES. (A) Refunds. A refund (or partial refund)will be paid to any current owner of property within the city who submits a written request to the city and demonstrates that: (1) The permit(s)that triggered the collection of the development fee have expired or been voided prior to the commencement of the development for which the permits were issued and the development fees collected have not been expended, encumbered, or pledged for the repayment of financing or debt; or (2) The owner of the subject development or its predecessor in interest paid a development fee for the applicable capital facility on or after October 31, 2022, and one of the following conditions exists: (a) The capital facility designed to serve the subject development has been constructed, has the capacity to serve the subject development and any development for which there is reserved capacity, and the service which was to be provided by that capital facility has not been provided to the subject development from that capital facility or from any other infrastructure. (b) After collecting the fee to construct a capital facility,the city fails to complete construction of the capital facility within the time period identified in the Infrastructure Improvements Plan, as it may be amended, and the corresponding service is otherwise unavailable to the subject development from that capital facility or any other infrastructure. (c) For a category of necessary public services, any part of a development fee is not spent within 10 years of the city's receipt of the development fee. (d) The development fee was calculated and collected for the construction cost to provide all or a portion of a specific capital facility serving the subject development and the actual construction costs for the capital facility are less than the construction costs projected in the Infrastructure Improvements Plan by a factor of 10%or more. In such event, the current owner of the subject development shall, upon request as set forth in this division (A), be entitled to a refund for the difference between the amounts of the development fee charged for and attributable to such construction cost and the amount the development fee would have been calculated to be if the actual construction cost had been included in the Development Fee Report. The refund contemplated by this section shall relate only to the costs specific to the construction of the applicable capital facility and shall not include any related design, administrative, or other costs not directly incurred for construction of the capital facility that are included in the development fee as limited by A.R.S. § 9-463.05. (B) Earned interest. A refund of a development fee shall include any interest actually earned on the refunded portion of the development fee by the city from the date of collection to the date of refund. There is no duty however for the city to invest the funds in an interest bearing account.All refunds shall be made to the record owner of the property at the time the refund is paid. (C) Refund to government. If a development fee was paid by a governmental entity, any refund shall be paid to that governmental entity. §7-1-20 OVERSIGHT OF DEVELOPMENT FEE PROGRAM. (A) Annual report. The city shall file with the City Clerk an unaudited annual report as required by all applicable laws. (B) Biennial audit. The city shall conduct a biennial audit as required by A.R.S. §9-463.05. §7-1-21 CALCULATION OF DEVELOPMENT FEES BASED ON FEE SCHEDULE. (A) Unless an applicant requests an individual assessment as set forth in Vol. 11, §7-1-13(F),the development fees shall be calculated for the proposed development based on any plan approval and/or permit allowing the use, according to the applicable fee schedule. (B) The following development fee schedules have been adopted by City Council Ordinance No. 1521 and are incorporated herein by reference: (1) Street facilities development fee schedule(see Vol. II, Article 7-2 of this Chapter); (2) Police facilities development fee schedule(see Vol. 11,Article 7-3 of this Chapter); (3) Parks and recreational facilities development fee schedule (see Vol. 11,Article 7-4 of this Chapter);and (4) Library Facilities development fee schedule (see Vol. II,Article 7-5 of this Chapter). (C) The units of development specified in the fee schedule shall be interpreted as follows: (1) A dwelling unit shall be interpreted as dwelling unit as defined in Vol. 11, §7-1-4 of this Chapter, provided that it shall also be interpreted as the creation of a new manufactured home or recreational vehicle space in a manufactured home or recreational vehicle park or a guest house; and (2) Building square footage shall be measured in terms of gross floor area, measured from the outside surfaces of the building walls and shall include any outside sales area whether under roof or not or outside covered storage area for industrial and commercial uses. (D) For categories of uses not specified in the applicable development fee schedule, the Development Fee Administrator shall apply the category of use set forth in the applicable fee schedule that the Development Fee Administrator deems to be most similar to the proposed use. (E) If any plan or permit approval for the proposed development indicates a mix of uses in the development,the development fees shall be calculated separately for each use and the results aggregated. (F) For an addition, or to remodel or replace existing structures, or for a change of use to an existing structure, the development fee to be paid shall be the difference, if any, between: (1) The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site; and (2) The fee, if any, that would be payable for the total development on the site after the new development. (G) After receiving a written request of an applicant, the Development Fee Administrator shall provide an estimate of the current development fee based on the data provided by the applicant. However, this estimate does not establish any vested rights to build or develop the property. ARTICLE 7-2: STREET FACILITIES DEVELOPMENT FEES Section 7-2-1 Street facilities development fee schedule 7-2-2 Individual assessments of street facilities development fees 7-2-3 Use of street facilities development fees 7-2-1 STREET FACILITIES DEVELOPMENT FEE SCHEDULE. Street facilities development fees shall be paid in accordance with Vol. 11, Appendix 7-A at the conclusion of Chapter 7. §7-2-2 INDIVIDUAL ASSESSMENTS OF STREET FACILITIES DEVELOPMENT FEES. (A) The street facilities development fees may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be prepared by a qualified traffic engineer firm or other qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include,without limitation, the following elements: (1) A projection of the number of vehicular trips entering and departing from the project during an average weekday; (2) If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development which will be replaced by the completed project; (3) The percentage of trips which are"primary trips" (as opposed to"pass-by trips"or"diverted-link trips"for which the project is not the primary destination); (4) The average length of those trips on the city's major roadway system; (5) The assumptions and conclusions from which any projections are made; if the assumptions or conclusions are derived from the current edition of the Institute of Transportation Engineers(ITE) manual or other standard reference materials,the materials shall be identified and appropriate excerpts or specific references provided; otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing; and (6) Such information as the Development Fee Administrator shall reasonably request. (C) The streets facilities development fee per development unit shall be calculated according to the following formula(s): Cost per Development Unit Streets Level Of Service and Capital Costs Cost Per Vehicle Mile Traveled(VMT) Arterial Improvements $293.28 Development Fee Report $1.23 GROSS CAPITAL COST $294.51 [A] Ave Weekday VMT Proposed Per Development- Cost per VMT Development Unit Fee Unit Type (Per Housing Unit) Single Family 11.04 $294.51 $3,250 X = Multi-Family 6.04 $294.51 $1,779 X = Recreational Vehicle 6.04 $294.51 $1,779 X = Ave Weekday Cost per Proposed Unit Type VMT Per Development Development Unit VMT[F] Fee (Per Square Foot of Floor Area) Commercial 16.04 $294.51 $4.72 Office&Other Services 6.94 $294.51 $2.04 Industrial 3.12 $294.51 $0.92 Institutional 4.55 $294.51 $1.34 Lodging (per room) 5.25 $294.51 $1,545 Assisted Living (per bed) 1.66 $294,51 $490 Where: FEE =VMT x Net cost per VMT. VMT =Average Weekday Trip Ends x Adjustment Factor x Average Miles per System Trip x Trip Length Weighting Factors. Weekday Trip Ends =vehicle trips per 1,000 sq.ft. of nonresidential development as per 1,000 Sq. Ft. defined in the ITE Manual. Trip Adjustment Factor = percentage of all trip ends that represent destination trips as defined in the ITE Manual. =2.05 for residential units, 1.28 for industrial development, 1.31 for Average Miles per commercial, 1.28 for office and other services, and 1.28 for institutional, System Trip and unless the Applicant provides convincing evidence that another factor is more appropriate for the proposed development. Trip Length Weighting =average trip length ratio by land use type as defined in the National Factor Household Travel Survey. _$294.51, unless the Applicant provides convincing evidence that Net Cost per VMT another net cost factor is more appropriate for the proposed development. 7-2-3 USE OF STREET FACILITIES DEVELOPMENT FEES. (A) The revenues from street facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying major street facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. II, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying street facilities are limited to improvements to the city's major roadway system. The city's major roadway system consists of all city-maintained roadways or portions thereof that are classified as collectors or arterials by the city's adopted Street Classification Plan on file within the Public Works Department. (C) Qualifying improvement costs include project engineering costs;the construction cost of improvement, including but not limited to street travel lanes, public pedestrian and bicycle pathways, turning and deceleration lanes, lighting, signalization, signage, drainage and landscaping improvements that are required for the roadway improvement to function effectively; and the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the street facilities portion of the Capital Improvements Program and in updating the street facilities development fee computations. (D) Monies collected as street facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying street facilities improvements; (2) Retirement of debt incurred for street facilities constructed prior to March 1, 1997; (3) Street facilities improvements, such as acceleration or deceleration lanes, that primarily serve, or are needed to mitigate the impacts of an individual development; (4) Repair, operation or maintenance of existing streets; (5) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above; (6) Streets and related transportation improvements that are within or adjacent to, and intended to serve only, a specific development such as a new residential subdivision; or (7) Acquisition of land or right-of-way. Land costs are not included in the street facilities development fee calculations and no development fee funds shall be expended on right-of-way acquisition, nor shall offsets against street facilities development fees be provided for dedication of right-of-way. ARTICLE 7~3: POLICE FACILITIES DEVELOPMENT FEES Section 7-3-1 Police facilities development fee schedule 7-3-2 Individual assessments of police facilities development fees 7-3-3 Use of police facilities development fees §7-3-1 POLICE FACILITIES DEVELOPMENT FEE SCHEDULE. Police facilities development fees shall be paid in accordance with Vol. 11,Appendix 7-A at the conclusion of Vol. 11, Chapinr7. §7'3-2 INDIVIDUAL ASSESSMENTS OF POLICE FACILITIES DEVELOPMENT FEES. (A) The police facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development. The police facilities development fee per development unit shall be calculated according to the following formula: Police Facilities Nonresidential Development Fee Schedule Nonresidential Land Use Avg. Weekday Cost per Development Vehicle Trips[1] Nonres Trip Fee per 1,000 SF Commercial 12.21 X $278.82 = $3.40 Office&Other Services 5.42 X $278.82 = $1.51 Industrial 2.44 X $278.82 = $0.68 Institutional 3.55 X $278.82 = $0.99 Lodging (per room) 4.00 X $278.82 = $1,115 Assisted Living (per bed) 1.30 X $278.82 = $362 [1] Development Fee Land Use Assumptions Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Vehicle Trips =Weekday Trip Ends per 1,000 Sq. Ft.x Trip Adjustment Factor as defined in the ITE Manual. Weekday Trip Ends per =vehicle trips per 1,000 sq.ft. of nonresidential development as 1,000 Sq. Ft. defined in the ITE Manual. Trip Adjustment Factor = percentage of all trip ends that represent destination trips as defined in the ITE Manual. _$518.59 unless the Applicant provides convincing evidence that Net Cost per Person another net cost factor is more appropriate for the proposed development. Net Cost per Non- _$278.82 unless the Applicant provides convincing evidence that Residential Vehicle Trip another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (B)of this section. 7-3-3 USE OF POLICE FACILITIES DEVELOPMENT FEES. (A) The revenues from police facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying police facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. II, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying police facilities improvements are limited to capital improvements to the city's public safety building, acquisition of land for or construction of police facilities, acquisition of capital equipment required for police operations, or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the police facilities portion of the Capital Improvements Program and in updating the police facilities development fee computations. (C) Monies collected as police facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying police facilities improvements; (2) Retirement of debt incurred for police facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing police facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under division (A)and (B) above. ARTICLE 7-4: PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES Section 7-4-1 Parks and recreational facilities development fee schedule 7-4-2 Individual assessments of parks and recreational facilities development fees Y-4-3 Use of park and recreational facilities development fees §7-4-1 PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEE SCHEDULE. Parks and recreational facilities development fees shall be paid in accordance with Vol. 11,Appendix 7-A at the conclusion of Vol. U. Chapter 7. §74'2 INDIVIDUAL ASSESSMENTS OF PARKS AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The parks and recreational facilities development fee may be calculated based upon individual assessment.An individual assessment shall be at the cost of the applicant and shall be performed by a qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include,without limitation,the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development.The parks and recreational facilities development fee per development unit shall be calculated according to the following formula: Parks and Recreational Facilities Level of Service and Infrastructure Per Person Costs Park Amenities $569.26 Trails $144.84 Development Fee Report $6.33 TOTAL CAPITAL COST $720.43 Parks and Recreational Facilities Development Fee Schedule Unit Type Persons per Costper Development Household[1] Person Fee [1] Development Fee Land Use Assumptions Parks and Recreational Facilities Development Fee Schedule Nonresidential Land Use Jobs[1] Cost per Development Job Fee per 1,000 SF Commercial 2.12 X $140.26 = $0.30 Office&Other Services 3.26 X $140.26 = $$0.46 Industrial 1.57 X $140.26 = $0.22 Institutional 2.86 X $140.26 = $0.40 Lodging (per room) 0.56 X $140.26 = $79 Assisted Living (per bed) 0.61 X $140.26 = $86 [1]Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual. _$720.43 unless the Applicant provides convincing evidence that Net Cost per Person another net cost factor is more appropriate for the proposed development. _ $140.26 unless the Applicant provides convincing evidence that Net Cost per Job another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in division (B)of this section. 7-4-3 USE OF PARK AND RECREATIONAL FACILITIES DEVELOPMENT FEES. (A) The revenues from parks and recreational facilities development fees collected within the service area and accrued interest on the revenues shall be used to finance project costs of qualifying parks and recreational facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. 11, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying parks and recreational facilities improvements are limited to park site development costs, including grading, utilities, landscaping, lighting,fencing, signage and construction of parking facilities; acquisition, construction and installation of parks and recreational facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by, or on behalf of,the city to finance qualified improvements. Such revenues may also fund the cost of consultants used in updating the parks and recreational facilities portion of the Capital Improvements Program and in updating the parks and recreational facilities development fee computations. (C) Monies collected as parks and recreational facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying parks and recreational facilities improvements; (2) Retirement of debt incurred for parks and recreational facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing parks and recreational facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above. ARTICLE 7-5: LIBRARY FACILITIES DEVELOPMENT FEES Section 7-5-1 Library facilities development fee schedule 7-5-2 Individual assessment nf library facilities development fees 7-5-3 Use of library facilities development fees §715-1 LIBRARY FACILITIES DEVELOPMENT FEE SCHEDULE. Library facilities development fees shall be paid in accordance with Vol. 11, Appendix 7-A at the conclusion of Vol. 11, Chepter7. §7'5-2 INDIVIDUAL ASSESSMENTS OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The library facilities development fee may be calculated based upon individual assessment. An individual assessment shall be at the cost ofthe applicant and shall be performed by qualified professional as approved by the Development Fee Administrator. (B) The individual assessment shall include, without limitation, the data sources and calculations used to derive the ratio of service unit to land use for the type of proposed development.The development fee per development unit shall be oe|ou|ahad according to the following formula: Library Facilities Level of Service and Infrastructure Costs Per Person Library Facilities $231.82 Development Fee Report $0.43 TOTAL CAPITAL COST $232.25 Library Facilities Development Fee Schedule Unit Type Persons per Costper Development Household[1] Person Fee [1] Development Fee Land Use Assumptions Libraries Facilities Nonresidential Development Fee Schedule Nonresidential Land Use Jobs[1] Cost per Development Job Fee per 1,000 SF Commercial 2.12 $47.77 $0.10 Office&Other Services 3.26 $47.77 $0.16 Industrial 1.57 $47.77 $0.07 Institutional 2.86 $47.77 $0.14 Lodging (per room) 0.56 $47.77 $27 Assisted Living (per bed) 0.61 $47.77 $29 [1]Trip Generation, Institute of Transportation Engineers, 11th Edition (2021). Where: Persons per Household =the average number of persons per occupied housing unit of the proposed housing type. Jobs = Employment per 1,000 Sq. Ft. as defined in the ITE Manual. _$232.25 unless the Applicant provides convincing evidence that Net Cost per Person another net cost factor is more appropriate for the proposed development. _$47.77 unless the Applicant provides convincing evidence that Net Cost per Job another net cost factor is more appropriate for the proposed development. (C) The Development Fee Administrator shall determine the fee based on the review of the individual assessment and the guidelines and formula described in divisions (A)and (B)of this section. 7-5-3 USE OF LIBRARY FACILITIES DEVELOPMENT FEES. (A) The revenues from library facilities development fees collected within the service area and accrued interest on such revenues shall be used to finance project costs of qualifying library facilities improvements, as determined by the City Council, provided that the improvements are shown in the approved Infrastructure Improvements Plan as described in Vol. II, §7-1-10 of this Chapter, and are located within the same service area. (B) Qualifying library facilities improvements are limited to acquisition of library sites; library site development costs, including grading, utilities, landscaping, lighting,fencing, signage and construction of parking facilities; acquisition, construction and installation of library facilities and equipment; or other similar improvements, including the principal, interest and other financing costs of bonds, notes or other obligations issued by or on behalf of the city to finance qualified improvements. The revenues may also fund the cost of consultants used in updating the library facilities portion of the Capital Improvements Program and in updating the library facilities development fee computations. (C) Monies collected as library facilities development fees shall not be used to pay for any of the following: (1) Construction, acquisition or expansion of public facilities other than qualifying library facilities improvements; (2) Retirement of debt incurred for library facilities constructed prior to March 1, 1997; (3) Repair, operation, maintenance or replacement of existing library facilities or capital equipment; and (4) City personnel and consultants hired for purposes other than those expressly permitted under divisions (A)and (B) above. APPENDIX 7-A: DEVELOPMENT FEE SCHEDULE Parks& Total Library Recreation Police Streets Development Fee Residential Per Housing Unit Single Family $550 $1,707 $1,229 $3,250 $6,736 Multi-Family $432 $1,340 $965 $1,779 $4,516 Recreational Vehicles $425 $1,318 $949 $1,779 $4,471 Nonresidential Per Square Foot of Floor Area Commercial $0.10 $0.30 $3.40 $4.72 $8.52 Office&Other Services $0.16 $0.46 $1.51 $2.04 $4.17 Industrial $0.07 $0.22 $0.68 $0.92 $1.89 Institutional $0.14 $0.40 $0.99 $1.34 $2.87 Lodging (per room) $27 $79 $1,115 $1,545 $2,766 Assisted Living (per bed) $29 $86 $326 $490 $967 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 22-386 Sponsor: Shane Kiesow Agenda Date:7/5/2022 Index: In Control: City Council Meeting Presentation and discussion on the Public Works' Fiscal Year 2022-2023 Capital Improvement and Street Maintenance Plan. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 Public Works Department Home of'the Superstition Mountains .ter. Date: June 2, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Public Works' Fiscal Year 2023 Capital Improvement & Street Maintenance Plan Public Works staff respectfully brings forth the Fiscal Year 2023 Capital Improvement & Street Maintenance Plan for presentation and discussion. The presentation's main focus will be on street maintenance and capital improvement projects planned for the new fiscal year starting July 1, 2022 through June 30, 2023. Presentation is for information purposes and the opportunity for councilmembers to ask questions. Many projects in the plan are to be done by contractors and will come back to city council per city's procurement rules for consideration of award. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 IN i ,'T PA }�4' t �: ��� i`•:2 �} i' a. r � a r z � � ��t�i-iit�it'�'� "it tF� a� � �������'�rr�,�r �� I�{i� 3$�i jar:�stt � < S ;p S � �S�7'i�}Y"Yi*Uti����� it; irf r t � .� sue, .� � �:4' i t t � ����43 ���� ��3 tt€z}; k t t t� �4,�r, � w�`x"'*�' Wv¢ a�4 r�i��y��,�1,, �'"' � _ „: . �.. �,� �w � ; . �.�.. ,.rv.. _r sU�`';,r�s,., ..� g 7 g �t } tt + sy syr rttr i#t#�}}tt�t£����r{1�����2;t}'�k�;�#tH r{i I t �, r r c r3�t£r to tr t� r 1 ti(?}#u�t r{}�rS��J�� �f� r .:} r r y+s y t�}Ft Pr+Krss'S t s t {?<j t t }'x S 3 r rr,rt£rl rJ}££)}+ri}t}}r�+(+r��#y}��;'I/aSs�t£?� y } ��o-rg. !) t 'rs` .:;}' ,4 b ''�. r r ,'t,y t y {41 lt�r}Sr�c{�y�rys#?'Sttt S�{i)���tc��h ��t 544�,s}}s 4t3 p }., i#`, '�I� y`,: + rr flS�{fl3s i�},+��tjt#£i jr�{t,���tr��ts}}�)jf�}�#����f{£F�. �S3}��4it$?�Si��'}S�yj �Y„'m „ „+. } ,, r n' w�rs. � i „7 ^`t r �.x w ,�, ..� ,.* t r, + �v � �l �� y t ' �r�h .'. ,.. � r � � # �., k � .,„ �,r 1 '�� ., y �° � u�y i d v ' t�< r. :'cr' `� s�, � �1 � �J�1��4�; 1{ r } tFtt���{��S�Z.til��{�51�1�1�4rs tr t � 2 y:,.. �. � � 4 ,a �� - tosT CUrctY�.aN BouLeaARo ..,. 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File ID: 22-387 Sponsor: Shane Kiesow Agenda Date:7/5/2022 Index: In Control: City Council Meeting Presentation and discussion of agreement with Roadway Electric, LLC for traffic signal repair services through the City of Mesa Cooperative Contract#2022146, for one (1)year in an amount not to exceed $400,000.00 with an option to renew annually and not to exceed five (5) years. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 Public Works Department Home of'the Superstition Mountains .ter. Date: June 2, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Consideration of approval on agreement with Roadway Electric LLC City staff respectfully requests the consideration approval of entering into a materials and services agreement with Roadway Electric LLC for emergency/unplanned repairs of the city's traffic signals and street lighting. This agreement is tied into the City of Mesa's cooperative contract, number 2022146, with Roadway Electric LLC. Term of agreement is one (1) year with optional one (1) year renewals not to exceed a total of five (5) years. The maximum annual amount over the life of this agreement is not to exceed $400,000 with no minimum, or maximum number of purchases guaranteed being made by the city. 575 E. Baseline Avenue, Apache Junction, AZ 85219 Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 MATERIALS AND SERVICE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND ROADWAY ELECTRIC LLC FOR TRAFFIC SIGNAL REPAIR SERVICES PROJECT NO.: HFS -17 THIS AGREEMENT is made and entered into this .,.,, day of , 2022, by and between the CITY OF APACE E JUNCTION ("City"), an Arizona municipal corporation, and ROADWAY ELECTRIC LLC, an Arizona limited liability company("Contractor). Both collectively referred to a "Parties"or individually as a "Party." RECITALS A.= After a competitive procurement process, the City of Mesa, Arizona ("Mesa") entered into Contract No. 2022146, dated May 1, 2022 ( the "Mesa Contract'), for the Contractor to provide traffic signal repair services (the "Work"). copy of the Mesa Contract is attached hereto as Exhibit A and incorporated herein with this Agreement (the "Contract Documents"), to the extent not inconsistent with this Agreement. If there are inconsistent provisions between the Mesa Agreement and this Agreement, the provisions of this Agreement shall govern. B. The City and the Contractor desire to setforth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. The City is permitted, under Arizona Revised Statutes, Title 34, and Apache Junction City Code ("A.J,C.C.") Article 3-7, Procurement Procedure, to purchase such materials and services under the Mesa Contract. APB5EMENT NOW THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance the terms and conditions set forth as follows: TE 1. SCOPE OF WORK: This is an indefinite quantity and indefinite delivery Agreement for materials and services under the terms and conditions of the Mesa Contract. The City does not guarantee any minimum or maximum number of purchases will be made. 2. WORK ORDERS: Purchases will only be made when the City identifies a need and proper authorization and documentation have been approved. For purchase(s)determined by the City to be appropriate for this Agreement, the Contractor shall provide the materials and services to the City in such quantities and configurations agreed upon between the Parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a"Work Order" . Each Work Order shall contain a reference to the Contract Documents. Work Orders submitted without referencing the Contract Documents will be subject to rejection. Contractor acknowledges dg+e and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations,or provisions in conflict with the terms the Contract Documents (collectively, "Unauthorized Conditions"), other than City's project-specific requirements,are hereby expressly declared void and shall be of no force and effect. Acceptance by the City of any Work Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement, shall not after such terms and conditions set forth in this Agreement or under the Mesa Contract, shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. If the Agreement is renewed pursuant to Subsection 3 below and such renewal includes any unauthorized Conditions, other than price, those terms will be null and void. The City reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the City agrees to reimburse the Contractor, but only for actual and documentable casts incurred by the Contractor due to and after issuance of the Work Order. The City will not reimburse the Contractor for any costs incurred after receipt of City notice of cancellation, or for lust profits, shipment of product prier to issuance of Work Order, or for anything not expressly permitted pursuant to this Agreement. 3. TERM OF AGREEMENT: Initial Term This Agreement shall be effective as of the date first set forth above and sell remain in full force and effect until April 30,-202 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the Mesa Contract. Renewal Terms After the expiration of the Initial Term, this ;Agreement may renew automatically for an additional one-year term ("Automatic Renewal Term") in accordance with the Mesa Contract. Thereafter this Agreement may be renewed for up to two successive one-year terms(each, a"Renewal Term") if. (i) it is deemed in the best interests of the City,subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Mesa Contract has not expired, and (iii) the City approves the additional one-year term in writing including any price adjustments approved as part of the Mesa Contract, as evidenced by the Mesa city manager's signature thereon,which approval may be withheld by the City for any reason. The Initial Term, Automatic Renewal Term and any Renewal Term(s) are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 4. PAYMENTS & COMPLETION: prices shall be governed under Exhibit A for the performance of the Work under this Agreement. The City shall pay Contractor for the Initial Term and for each subsequent Renewal Term, if any, an annual amount not to exceed four hundred thousand dollars ($400,000) for materials and services as requested through proper Work Order at the unit rates set forth in the Mesa Contract. The maximum aggregate amount for this Agreement, including all Renewal Terms, shall not exceed two million dollars ($2,000,000). Once City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate or invoice for payment stating that, to the best of its knowledge,information and belief on the basis of its observation and inspection,the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the full balance clue the Contractor is payable. 5. 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, materials, equipment, tools and machinery, 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. 6. TAXES: Contractor shell pay all license, sales, consumer, use and other similar taxes 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 ether than City. 7. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shell dive 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 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. 1, and keep such license current during the terra of this Agreement and after termination, of this Agreement any time Work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Cade,Chapter$A, 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 any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided =under this Agreement. 8. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retainContractor'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 attrition. 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 responsible to City for the acts and omissions of its employees. g. INDEMNIFICATION: To the fullest extent permitted by law, Contractor 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, tees, 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 only from the negligent, intentional or reckless 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. Contractor'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 i attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, only caused, by a Contractor's negligent, intentional, or reckless mots, 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. 10. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laves 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 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 sham 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. 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 Band 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 andlor 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. RE U1REQ C4VI=RAGE 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 6 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injurer, broad form property damage, personal =injury, products and completed operations and blanket contractual al average including, but not limited to,the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as insurance Service Office, Inc. Policy Form CG 00011-93 or the equivalent thereof. In addition, automobile liability coverage of at least million per occurrence or a combined single limit of at least$ ,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 Ins.'s Additional Insured, Farm CG 20101185, or the equivalent thereof, 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, service 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 (Not Applicable to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or 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. In case any work is subcontracted, Contractor will require subcontractor to provideWorkers' Compensation and Employer's Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services 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 Clerk of City. 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. 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) calendar days' prior written notice to City. 12. sUCCEsSt3R , 1 SSIGNNI,ENT & QEt_EGATI ?Rl 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 the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder without the written consent of the ether, nor shall Contractor assign any monies due or to became due to or to become due to it without the previous written consent of City. 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 acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 16. TERM,(N,AT"1,0"N,.O,F"",C,O"N"T"R,A,C,T: If, for any reason, Contractor shall fail to fulfill in a timely and proper manner his/her obligations under the contract,or if Contractor shall violate any of the covenants, agreements, or stipulations of the contract, City shall thereupon have the right to terminate the contract by giving written notice to Contractor of such termination and specifying the effective date thereof. Notwithstanding the above, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of the contract by Contractor. City may terminate the contract at any time by giving at least twenty-four(24)hours notice in writing to Contractor. If the contract is terminated by City as provided herein, 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 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 to the company. 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, et 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. ENTIRE AGREEMENT:This Agreement and any attachments 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 9 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: 21. 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 amanner 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. 23. CONFLICT 4F INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 24. PROHIBITION T4 CONTRACT WITH CONTRAC ENGAGE IN BOYCOTT OF THE STATE OF I RAEL= The Parties acknowledge A.R.S. -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 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, including but not limited to, consequential and liquidated damages. 25. COMPLIANCE WITHw„ FEDERAL AND STATE LAVUSx 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. § -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- 1 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 Miring 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 $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall- not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the lE-Verify requirements contained in .F . . 23-21 A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. if state law i amended, the Parties may modify this paragraph consistent with state law. ----SIGNATURES TO BE ON FOLLOWING PACES____ IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of ._._._--$ 2022a CONTRACTOR: ROADWAY ELECTRIC LLC, an Arizona limited liability company -By: Title. CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Walter"Chit"Wilson Title. tUla nor ,: ATTEST: Jennifer Pena City Clerk APPROVE© AS TO FOR RichardJ. Stern City Attorney STATE OF � } } ss. COUNTY OF � } The foregoing was subscribed and sworn to before;me this . day of as „ .., of Roa way Electric LLC. Nritar-y Public My Commission Expires: 4 �40 ARY PUBLIC,STAT OFARIZONA Maw Cwnty COm sw No,547158 , . MY CWMISUMEx ores 07 STATE OF ARI2ONA � COUNTY OF PMNAL } The foregoing was subscribed and sworn before me this day of , 2022, May Chip Wilson,as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: Exhibit Amaw mesa-az AGREEMENT PURSUANT TO SOLICITATION CITY OF MESA AGREEMENT NUMBER 2422148 TRAFFIC SIGNAL MAINTENANCE SERVICES CITY OF MESA,Arizona("City") Department game City of Mesa Purchasing division Mailing Address P.O.Box 1466 Mesa,AZ 85211-1466 Delivery Address 20 East Main St,Suite 45(} Mesa,AZ 85201 Attention Brandy Andersen, MPA, NIUP-CPP,CPPO CPPB Procurement Supervisor E-Mail Brand .Andersen MesaAZ. ov Phone (480)644-6426 With a copy to City of Mesa-Transportation-ITS Attn: Mike Fisher,ITS Operations Supervisor P.O. Box 1466 Mesa,AZ 85211-1466 Mike.Fishet@MesatAZ.gov AND ROADWAY ELECTRIC, LLC,("Contractor" Mailing Address 2022 West Cheryl Drive Phoenix,AZ 85201 Remit to Address 8660 East Hartford Drive,Ste 3,05 Scottsdale,AZ 85255 Attention Laren Hale, Projects Manager E-Mail 1hale roadwayelectricxcorn Phone 66 463-1704 Fax 602-943-8306 Page 1 of 41 Roadway Electric, LLC Contract# 02 '14+6 CITY OF MESA AGREEMENT PURSUANT TO SOLiCITATION This Agreement pursuant to Solicitation ("Agreement,') is entered into this 18t day of April 2022, by and between the City of Mesa,Arizona;an Arizona municipal corporation("C ");and Roadway Electric, LL , a(n) Arizona company ("Contractor). The City and Contractor are each a "Party' to the Agreement or together are"Parties"to the Agreement. RECITALS A. The City issued Solicitation number 2022146 ("Solicitation") for TRAFFIC SIGNAL MAINTENANCE SERVICES,to which Contractor provided a response("Response");and B. The City Selected Contractor's Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms&Conditions. TERMS&CONDITIONS 1. Term.This Agreement is for a term beginning on May 1,2022 and ending on April 30,2025. The use of the word "Term" in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1. 1.1 Renewals.On the mutual written agreement of the Parties,the Term may be renewed up to a maximum of two (2) years. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current terra. 1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein,at the Cit 's sale discretion this Agreement may be extended on a month-to-month basis for a maximum of six(6) months to allow for the City's procurement processes in the selection of a vender to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty(30)calendar days before the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term, 2. Scope of Work. The Contractor will provide the necessary staff, services,and associated resources to provide the the City with the services; materials;and obligations attached to this Agreement as Exhibit ("Scope of WorW")Contractor will be responsible for ail costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A the City will provide Contractor's personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work. The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Contractor shall perform in accordance with all terms, conditions, specifications, and other requirements set forth within the Solicitation and Response unless modified herein. 3. Orders. Orders are placed with the Contractor by either a (i) Purchase Order when for a one-time purchase, (ii) Notice to Proceed, or (iii) Delivery Order off of a Master Agreement for Requirement Contract where multiple as-needed orders will be placed with the Contractor. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement Page 2 of 41 Roadway Electric,LLC Contract#2022146 4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement,the Exhibits,the Solicitation,and Response,the language of the documents will control in the following order. a. Agreement b. Exhibits 1. Mesa Standard Terms&Conditions 2. Scope of Work . Other Exhibits not listed above c. Solicitation including any addenda d. Contractor Response 5. Payment. 5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B{"Pricin ")in consideration of Contractor's performance of the Scope of Work during the Term. 5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Terre except where otherwise provided in this Agreement and include all costs of the Contractor providing the materialslservice including transportation, insurance, and warranty casts. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices higher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance.The Contractor shall promptly notify the City of such price reductions. No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing Division: 5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section 5. . Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustments in providing the services/materials under the Agreement.if the City agrees to the adjusted price terms,the City shall issue written approval of the change; During the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the ottsumer Fine Index for All Urban Consumers(CPI-U);US City Average,All Items,Not Seasonally Adjusted as published by the U.S.Department of Labor,Bureau of Labor Statistics{http;llwww,bls.,Qov/cpi/home,htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. 5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 1,pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment alone with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and maybe adjusted Page 3 of 41 Roadway Electric, LLC Contract#2022146 thereafter as outlined in the previous section.There is no guarantee the City will accept a prig adjustment. 5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly completed invoice. No terms set forth in any invoice, purchase order, or similar document issued by Contractor will be deemed accepted by the City; the terms of the contractual relationship between the Parties are as set forth in this Agreement.Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain; at a minimum, all of the following a. Contractor name,address,and contact information; b. City billing information; c. City contract number as listed on the first page of the Agreement; d. Invoice number and date, e. Payment terms; f. Date of service or delivery, g. Description of materials or services provided; h. If materials provided,the quantity delivered and pricing of each unit; I. Applicable Takes, j. If applicable, mileage or travel costs;and k. Total amount due. 5.6 Payment of Funds. Contractor acknowledges the City may,at its option and where available use a CreditCard/Procurement Card to make payment for orders under the Agreement with no additional charge/fee. Otherwise,payment will be through a traditional method of a check. .7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost,such as an overpayment or a charge for materialslservice not in accordance with the Agreement,the City will notify Contractor in writing of the disallowance, such notice will state the means of correction which may be, but is not limited to,adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance:,or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice. 6. Insurance. 6.1 Contractor must obtain and maintaiin at its expense throughout the term of Contractor's agreement,at a minimum,the types and amounts of insurance set forth in this Section 6 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials,and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts. 6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s)contained in the Agreement. 6.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s)from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s). Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary. Page 4 of 41 Roadway Electric,LLC Contract#2022146 6.4 Each insurance policy required under the Agreement must be in effect at or before the execution of the Agreement and remain in affect for the term of the Agreement 6.5 Before the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate "ACt RD"or equivalent certificate)signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies;endorsements,or notices relating thereto required under the Agreement. .6 When the City requires a Certificate of insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured,{contractor agrees no policy will expire;be canceled,or be materially changed to affect the coverage available without advance written notice to the City. 6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers,elected officials,and employees for any claims arising out of the work of Contractor. 6.8 All insurance certificates and applicable endorsements are subject to review and approval by the City"s Risk Management Division. 6.9 1yees and Amounts of insurance. Contractor must obtain and retain throughout the term of the Agreement,at a minimum,the following: 6.9A Worker's compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees; Contractor must provide the City with written proof Contractor has no employees. if employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law: 6.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of$3 million per occurrencel$5 million aggregate Commercial General liability insurance, including Contractual Liability. For General Liability insurance, the City of Mesa,their agents; officials, volunteers; officers; elected officials, or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement. 6.9.3 Automobile liability,bodily injury,and property damage with a limit of$1 million per occurrence including owned,hired,and non-owned autos. 7. Contractor acknowledges and agrees the Agreement is a requirements contract;the Agreement does not guarantee any purchases will be made(minimum or maximum). Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within a reasonable period of time of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled,the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after the receipt of cancellation including,but not limited to,lost profits, shipment of product,or performance of services. 8. Notices.All notices to be given pursuant to the Agreement will be delivered to the Contractor as listed on Page I of this Agreement. Notice will be delivered pursuant to the requirements set forth in the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C. Page 5 of 41 Roadway Electric, LLC Contract#2022146 9. Representatjons of Contractor.To the best of Contractor's knowledge, Contractor agrees that: a. Contractor has no obligations,legal or otherwise,inconsistent with the terms of the Agreement or with Contractors undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law,rule,regulation,or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable);and d. Contractor has not entered into and will not enter into any agreement,whether oral or written, in conflict with the Agreement. 10 Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties;which are incorporated by reference into the Agreement as though fully set forth herein. in the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control.The Parties or a Party are referred to as a"party"or"parties"in the Mesa Standard Terms and Conditions. The Terra is referred to as the"term"in the ivlesa Standard Terms and Conditions. it. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2)or more counterparts,each of which will be deemed an original and all of which,taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the Agreement will be deemed an original and binding upon the Party against whom enforcement is sought. 12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby incorporated by reference into the Agreement as if written out and included herein. In the event of any inconsistency between the terms of the body of the Agreement and the Exhibits,the language of the Agreement will control. Exhibits to this Agreement are the following: + (A)Scope of Work#Technical Specifications • (8)Pricing 0 (C)Mesa Standard Terms and Conditions 0 (0)Other 13. Attorneys'Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled to the recovery of its reasonable attorney's fees,court costs, and other litigation-related costs and fees from the other Party. 14. Additional Acts. The Parties agree to execute promptly such other documents and to perform such other acts as may be reasonably necessary to carry out the purpose and intent of the Agreement. 15. Headings. The headings of the Agreement are for reference only and will not limit or define the meaning of any provision of the Agreement. Page 6 of 41 Roadway Electric,I_I_C Contract##2022146 By executing below, each Party acknowledges that it understands,approves,and accepts all of the terms of the Agreement and the attacked exhibits IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. CITY OF MESA,ARIZONA ROADWAY CONSTRUCTION,ILL . V;Otafly signed by Edward Quede .... 10-01 CW: :Edward Qwdens.o=Ctiy of asaBy: ,Arizona ou-8usln sSor*"' 132y5_� Adobe ArrobatatrObw, 2022.03.20US Charlton Hale Printed Name Printed Name Manager Title Title 3/28/2022 Date Date REVIEWED BY: By. .fir / 4/202 Brandy Ander ,n,MPA, I P-CPP,CPPO,CPPB Procurement Supervisor Page 7 of 41 Roadway Electric, LLC Contract#2022146 EXHIBIT A SCOPE OF WORK 1. SCOPE OF O This contract is for the maintenance, modification, and installation, of the Cit)(s Intelligent Transportation System(ITS)Traffic Signals and related ITS equipment. Work will be accomplished throughout the City on an as-needed,where-needed basis. Work will consist of - but not be limited to. foundation installation/removal,light and signal pale installation/removal,arm and head installation/removal; trenching, boring, cond it/wire%able installation/removal, pull box/vault installation/removal,temporary traffic control,saw cutting,signal LED replacement,traffic loop installation, Fiber Optic installation,etc. The City will be utilizing the most current version of the Maricopa Association of Governments MAG)Uniform Standard Specifications and Details for Public Works Construction https://azmag.gov/Portals/0/Documents/Ma,qContent/2022 MAG Uniform Standard Specificatio ns for Public Works Construction SPECS FI(SAL.i)df?ver=20 1-12- 8-105706- 7 and/or City of Mesa Standards and Specifications City of Mesa: Mesa Standard Details Specifications htt s.//www.mesaaz. ov/home/show ublisheddocumentf32694/63715883910727Ci000, ADOT Standard Specifications for Road and Bridge Construction https:/Iazdot.go /sites/default/fles/media/2019/11/2u08-standards-specifications-for-road-and- bndge-construction.pdf. and Transportation Street Light Manual hops:l/ww ,m aaz,goy/home/show,publisheddocumentt32694/6371 883910727t 000 for inspection and quality assurance of all work performed under this agreement. Contractor will be responsible for ensuring all workmanship,equipment,and site preparation meets or exceeds these requirements. The authorized City Representative will inspect all phases of work and any unsatisfactory work or preparation will be redone at no additional coast to the City. The City Representative must give the Contractor approval prior to continuing to the next work site or project phase. The City will issue a Notice to Proceed (NTP), upon contract award, listing the various locations that services will be performed within the City. 2. GENERAL SPECIFICATIONS: Unit bid price will cover all items(other than those supplied by the City)needed to complete the described work including but not limited to. labor,tools, equipment, and incidental materials_ Contractor will install all equipment and materials in accordance with the City of Mesa Standard Details referenced in this document; If a specific standard detail is not referenced,it is understood that all work requested under this Agreement will always be completed in accordance with City of Mesa Standard Details which pertain to the particular work that is being completed. See Exhibits D and E for drawings. These Exhibits are also called out on the Pricing page. CONTRACTOR'S PERFORMANCE:Contractor will fu ish all necessary labor,tools,equipment, and supplies necessary to perform the required services at the designated City facilities. The ity's authorized representative will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress of the work,all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor. If, in the opinion of the City's authorized representative, performance becomes unsatisfactory, the City will notify the Contractor. The Contractor will have seven (7) calendar days to correct any specific instances of unsatisfactory performance. In the event the unsatisfactory performance is not corrected within the time specified above,the City will have the immediate right to complete the work to its satisfaction and will deduct the cost to cover from any balances due or to become due the Contractor. Repeated incidences of unsatisfactory performance may result in cancellation of the Agreement for default. Page 8 of 41 Roadway Electric,LLC Contract#2022146 4. LICENSES AND PERMITS; Contractor will possess all valid certifications and/or licenses as required by federal, state, and local laws at the time of laid submittal and throughout the contract term. As required by the Arizona Registrar of Contractors, Contractors will be properly licensed before submitting bids. Contractor, at its expense, will obtain all permits required for performing work under this agreement. A dust control permit may be required by the Maricopa County Environmental Service Department. Contractor will be responsible for obtaining this permit, if necessary, and comply with its requirements. The Contractor will provide a copy of a dust control plan for work under this agreement,to the City Representative prier to beginning any work,if a permit is required. . BLUE STAKE: Contractor is responsible for calling in all its Blue Stake requests prior to any excavation and will comply with the Arizona Blue Stake Law.All necessary blue staking will be the Contractors'responsibility. Blue stake log numbers shall be supplied to the City Representative prior to the start of a project or phase or as otherwise directed. 5. EMPLOYEE CERTIFIC TIONI UALIFICATIONS: The City requires at least one(1)International Municipal Signal Association(IMSA)Level I and one(1)Level 11 certified signal technician on site during all phases of any traffic signal work;however, it is acceptable for Contractor to have two(2) level Il's instead: Contractor will be responsible for providing verification of certification prier to beginning any work. if a)cab site is inspected and the City approved certified technicians are not on site, the job will be shut down. Employees will be active,qualified,full-time employees.They will not be"borrowed",temporary or contract employees employed for the sale purpose of satisfying the IMSA employee certification requirements Contractor will submit to the ITS Operations contract specialist or his representative, a list containing names and qualified status of personnel that will be on the immediate job,site prior to the start of any construction,Any changes to this list will require immediate notification. 7. SUPPLY OF MATERIALS BY THE CITY: The City of Mesa ITS group will supply specified materials as necessary to complete the work and the Contractor will utilize these materials that are detailed in the specifications contained herein.The City will supply: poles, anchor bolts,", arms, signal heads, pushbutton assemblies, luminaries, mounts, wire, cable,fiber optic cable, conduit, conduit fittings,PVC cement,pull boxes,vaults,concrete,crushed pull box rock,service pedestals; control cabinets, cameras, video detection equipment; antennas, Opticom sensors, speedcrete, and framework mounting bolts. Materials supplied by the City will be used solely for performing work under this Agreement and the Contractor will not substitute different materials unless authorized by the Inspector. The City will not supply nor pay for,incidental materials,supplies and services such as perishables,sealants,duct seal,loop sealant,personal protective equipment,cold mix,"sono tube"and other concrete form material,etc. Contractor will include the cost for all incidental materials, supplies and services in the unit bid prices. Contractor will arrange for all supplies and material delivery and/or pickup and the ordering of sufficient materials for the assigned work. Contractor will be responsible for obtaining and providing a copy of all material tickets to the City Inspector if the Contractor picks materials up directly from a City supplier:All material tickets will be complete including description,quantity,receipt date and the Contractor signature. The City will designate the location for material pick-up and return.When material is returned such as signalllight poles, mast arms,signal heads and framework,these items will be determined for scrap or re-use.All hardware(nuts,bolts,rain caps,covers etc.)needs to be returned or Contractor will supply new hardware. The Contractor will be responsible for placing the signal/fight pole, mast arm, signal heads or framework in the designated location. Signal Heads will be removed from all framework. Scrap items such as poles and arms shall be out to no longer than twenty( 0)foot in Page 9 of 41 Roadway Electric, LL Contract#2022146 length and set into recycle containers located in designated locations at the East Mesa Service Center located at 6935 E. Decatur, Mesa,AZ 85247. 8. MATERIAL REQUESTS: Contractor material requests will be submitted a minimum of twenty-four (24)hours pricer to material pick-up,unless circumstances dictate differently(larder material orders will require more time) and are agreed to by the City Inspector. Unless approved in advance b the City Inspector,the Contractor will pick up all materials between the hours of 7:00;AM and 8:30 AM or :tit} PM to 4:00 PM Monday-Thursday; unless otherwise arranged with the Inspector. Materials will be picked up from either the City's west maintenance yard, the east maintenance yard,or the warehouse(s). Addresses are as follows: 6935 E. Decatur, Mesa;AZ 85207 and 300 E:6'h St.Mesa,AZ 85201. All material will be counted and inspected jointly by the City inspector and Contractor when pickup is made. The City inspector will strictly imonitor material usage,and material usage by the Contractor will correspond to the work performed. Contractor will provide for secure storage of materials and equipment. No equipment or materials will be stored on City properly unless prior approval has been received from the City Inspector. Loss or damage to materials after they have been issued will be the responsibility of the Contractor. Any loss, damaged or misuse of materials provided by the City to the Contractor will be replaced by the Contractor with the exact quantity and quality item at no cost to the City. Contractor access to City traffic signal offices and yards is strictly limited to the regular work hours of the ITS Operations Croup and only with prior permission of Traffic Signal personnel. 9. WORK CREW SUPERVISION: Contractor will always provide qualified supervision of each crew while performing work under this contract. Each supervisor will be able to converse in the English language and will be authorized by the Contractor to accept and act upon all directives issued by the City. Failure of the supervisor to act on said directives will be sufficient cause to give notice that the Contractor is in default of the Contract unless such directives would create potential personal injury or safety hazards or are contrary to the intent of these specifications; Contractor will provide a cellular telephone for the supervisor and/or foreman. Contractor will be responsible for payment of all charges relating to its use. All communication equipment will be always kept in proper working condition. 10. SAFETY: Contractor's employees will use reasonable safety procedures while working on projects under this Agreement and follow all OSHA regulations. Reasonable safety procedures will include, but not be limited to the use of: safety hats,gloves,goggles,reflective vets, respirators,protective footwear, and a safety harness while working in an aerial lift. Contractor will adhere to all regulations,rules,ordinances,and standards set forth by Federal,State,County,and City of Mesa governments when providing these services. Contractor will be responsible for the training and instruction of all workers, employees and subcontractors on all required job safety standards and traffic safety. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures and Bather activities used to ensure compliance. Contractor will notify the City,in writing, whenever any violation; citation or warning is received for noncompliance in any safety or health- related issue while providing services under this Agreement. 11. DESIGNATED PERSON: Contractor will employ a "designated" person who will be responsible for ensuring that all barricades, signs,warning lights, signals,and other traffic control devices are established and maintained in strict compliance with the City of Mesa Temporary Traffic Control Manual, the MUTCD, and the specifications contained herein: This designated person will have completed training and be certified in temporary traffic control by the American Traffic Safety Services Association (ATSSA)or the International Municipal Signal Association (IMSA). Proof of certification will be submitted prior to receiving Notice to Proceed and will be available at the worksite. Page 10 of 41 Roadway Electric,LLC Contract#2022146 The designated person will. • Maintain all barricading and traffic control devices in compliance with the Temporary Traffic Control Manual and the MUTCD and submit a daily (including weekends and holidays) report,in writing,to the City Inspector of maintenance activities the next workday. • Ensure that traffic signals within the project limits do not conflict with barricades and signs or give misleading indications to pedestrians and motorists; He/she will immediately bring conflicting conditions to the attention of the City Inspector. The City Inspector will coordinate with Mesa's intelligent Transportation Systems(ITS)Croup(480-644-2160)for any required changes to Mesa operated traffic signal sequencing, timing or outages. The designated person will make arrangements with any entity having ownership or responsibility of traffic signals that are not City owned or operated to ensure that there are no conflicts with barricades and signs and that signals do not provide misleading indications to pedestrians and motorists, • Ensure that Flaggers,when employed;are trained in accordance with O. .H.A.regulation (29 CFR 1926,201 Signaling);and have completed training and are certified by a program that meets the training and certification standards of the National Safety Council Highway Flagger Training Program, the ATSSA flagger program or an equivalent program that meets the same objectives, such as IMSA certification. Proof of certification wili be submitted prior to the flagmen beginning work and will be available at the worksite;and, • Immediately respond to all callouts by the City Inspector,the stand-by City Inspector,the Traffic Barricade Coordinator, or Base Operations-, cooperate with Police or Fire Department Investigators, and re-establish barricades and traffic control devices; as necessary,at no additional cast to the City. 12, STOP WORK: The City reserves the right to stop work under this Agreement at any time for reasons including,but not limited to: • Weather conditions become adverse • Environmental Protection Agency Particulate Matter("PM10")days • Work quality is not acceptable • tither conflicts-in Contractor equipment or personnel cause delays in getting work completed • Work schedule/location conflicts with other City activities • tither conditions exist which, in the opinion of the city, could affect the safety or quality of work under this agreement • Improper barricading 13, ORDERING WORK AND WORK SCHEDULE: The City will notify the Contractor in writing when a set of plans specifying the installation area and work required. There are times when the written work request is sufficient. Contractor will follow this process for scheduling of work: • After receiving Notice to Proceed on a project for a specific work item, Contractor will acknowledge receipt of the work within forty-eight(48) hours. Contractor will schedule a project walk with the City's representative prior to beginning any work. This project walk is to occur within seven(7)days of receiving the Notice to Proceeds • Upon completion of the project walk and understanding of the work to be done, the Contractor will submit a proposed schedule of work to the City Inspector within forty-eight (48)hours of the project walk. • Work should start in the area no later than seven (7) days after the work schedule i approved by the City. In any case once the Notice to Proceed has been issued,Contractor will commence work within fourteen(14)days of the project walk and work continuously on a five 5)day workweek schedule(Monday-Friday)until assigned work is complete. Any changes to the established schedule will have prior approval by the City Inspector/Project Manager. Work under this Contract will not be performed on days recognized as a legal Page 11 of 41 Roadway Electric, LLC Contract#2022146 holiday by the City or on weekends (Saturday and Sunday) unless pre-approved by the City Inspector/Project Manager, • The City reserves the right to change the priority of projects issued based on urgency of projects that arise. The City will make every effort to work with the Contractor when this occurs,but it will be expected that the Contractor be accommodatingt 14. WORK AREA AND JOB SITE SAFETY. Contractor will clean up the work area and maintain a safe work site during and after construction,until accepted by City,and will do all work and play all cost incidental thereto. Contractor will, upon completion of the work, remove temporary construction facilities,debris,and unused materials provided for in the work,and put the work site of the work and public right-of-way in a neat and clean condition. No special payment will be made for this item and is to be included in the unit bid price(s). Contractor will restore any damaged City property or private property (including but not limited to landscaping and irrigation systems) to its original condition as determined by the City Inspector. Contractor will adequately barricade and secure all trenches, bore pits,foundations and any other work area hazard. No dirt from a trench or pit excavation will be placed on the roadway,shoulders or sidewalks; All equipment and stockpiled dirt will meet the safety clear zones distances or have adequate barricades and warning devices to protect the traveling public. Topsoil and/or granite will be kept separate from the other excavation material and replaced accordingly:All pits and trenches will be kept dry and free from standing water. If any trenches and/or pits are left open for extended periods of time without a continuous progression of work, Contractor may be required to backfill the trenches and/or pits. Upon request of the City inspector, all pits,trenches,and utility potholes within roadways will be steel-plated at the Contractor's expense. Silt from saw cutting operations will be cleaned or flushed from the roadway as to leave the roadway clean,all striping will be visible and safe for motorists. All newly poured traffic signal foundations will be protected with a Type I or If barricade with light. Excess or unsuitable material, including broken asphaltic concrete,Portland cement concrete,and soil excavated will be removed from the project and disposed of by the Contractor.Contractor will always keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the work,Contractor will remove all equipment,tools,and surplus materials, and will completely clean the premises; leaving it in a safe condition for workers and/or the public at the end of each workday; Contractor will remove and dispose of all debris and rubbish, and clean all stains, spots, marks, dirt, smears,etc. When work premises are turned over to the City, they will be thoroughly clean and ready for immediate use,eliminating any possible safety hazards. The Contractor will provide for the legal disposal of all waste products, debris, etc: and will make necessary arrangements for such disposal and all associated costs will be included in the unit bid prices. Contractor will be responsible for providing and for the placement of barricade, tarps; plastic,flag tape and any other safety/traffic control equipment, within their worksites, required to protect its employees,the public,surrounding areas,equipment, and vehicles. Contractor will notify the City, in writing,whenever any violation,citation or warning is received for noncompliance in any safety or health-related issue while providing services under this Agreement. is. INSPECTIONS: Contractor will request an inspection of the layout or work schedule by the City Inspector._ Inspection requests will be submitted twenty-four (24) hours in advance unless circumstances dictate differently and are agreed to by the Inspector. Typical examples include but are not limited to: • Trench and Conduit inspection • Pre-Pull Box Installation Page 12 of 41 Roadway Electric,LLC Contract#2022146 • Foundation Inspections prior to concrete placement • Oversee concrete placement • Pole drilling layout inspection • Mandrelling of communications conduits • Finial inspection by the City Inspector • City Inspector approves the installation or identifies any corrective action required by the Contractors • Contractor completes any corrective work,receives final inspection from the City. 16. TRAFFIC CONTROL.AND BARRICADES: Contractor will be responsible for complying with the current City of Mesa Temporary Traffic Control Manual and the current Uniform Traffic Control Devices(MUTCD)Manual. All signs, cones, traffic control devices, and equipment necessary for the control of traffic will be furnished by the Contractor in accordance with the City of Mesa Traffic Barricade Manual and the MUTCD. All traffic control devices must be compliant with the AA HTO Manual for Assessing Safety Hardware"MASH". Traffic control devices already certified under the National Cooperative Highway ResearchProgram(NCHRP)Report 350,are accepted. 17. TEMPORARY TRAFFIC CONTROL. tTTCJ PERMIT~ Contractor will obtain a Temporary Traffic Control (TTC) Permit from the City Transportation Department prior to restricting or closing any street,sidewalk,pedestrian pathway or alley within the City.Individual approval is needed for each unique traffic control configuration. This can be done with multiple Traffic Control Permits or with one (1) permit under which multiple configurations are defined and approved. A schedule of all work locations must be provided one(1)week in advance for review and approved by TTC Staff. There is no fee for Temporary Traffic Control Permits for this project. Traffic restrictions less than sixty (50) minutes are considered incidental. Only restrictions more than sixty(60)minutes will be paid according to Temporary Traffic Control line items. Contractor will submit a traffic control plan for review for all projects allowed to have traffic restrictions,showing placement of all traffic control devices,and proposed temporary striping during all phases of construction, including all conflicting signs to be covered/removed or relocated, or other features that may conflict with the placement of temporary signage. This plan will be professionally drawn and will be submitted to the City (through the standard Shop Drawing submittal process) no later than fourteen (14) calendar days prier to the Notice to Proceed and fourteen(14)calendar days prior to proposed changes thereto. 18. CITIZEN NOTIFICATION COMPLAINTS OR CONCERNS: Contractor will notify all residents, apartment managers and businesses by handbill forty-eight(4 ) to seventy-two (7 ) hours in advance of any street restriction that will affect access to their property or place of business. The handbill will include the month (non-numeric), dates expected for the restrictions and the City's project inspector's office phone number. Contractor will leave a notice at the residence immediately adjacent to the assigned construction or repair. This notice will explain the Contract work being performed for the City and that any complaints should be directed to the Contractor. If the Contractor is unable to resolve the problem, the citizen should be referred to the City Inspector. Contractor will respond to all Customers/Citizen calls or complaints resulting directly or indirectly from this project within two (2) hours of receipt and shall resolve any issue within forty-eight(48) hours. The cost for Citizen Notification and responding to customer concerns and complaints will be bone at no additional cost to the City: Page 13 of 41 Roadway Electric, LLC Contract#a=2022146 19, ADVANCE PU13LIC L40TICE: Unless an alternative is approved in the TTC permit,advance notice to the public via Portable Changeable Message Signs (PGMS) will be required for the following situations with the indicated minimum duration of advance notice shown: • Full street closure-Minimum of ten(10)full calendar days advance notice. • Peak hour reduction in through lanes on arterial and/or collector streets-Minimum of five (5)full calendar day's advance notice • Left-turn prohibitions at signalized intersections of arterial and/or collector streets — Minimum of five(v)full calendar day's advance notices Advance notice via PCMS may be required in ether situations as determined solely by the City. The PCMS's will be placed at both ends of the project and at adjoining arterial and collector roadways. Unless otherwise determined by the City, the PCMS!s will be removed forty-eight(48) hours after the indicated traffic restrictions have commenced. Use of static signs for advance notice may be feasible in limited situations, Use of static signs will be approved in advance in the TTC permit: 20. RESTRICTIONS;AND CLOSURES—GENERAL: Any equipment and material not actively being used to prosecute the work will not be stored in the right-of-way unless otherwise approved by the City Inspector.-Roadway and sidewalk restrictions and closures are limited to construction activities and will not be permitted for the purpose of staging or storing equipment or debris. Restrictions and closures are permitted when necessary,considering impact to the traveling public, safety and efficiency. Restrictions will not be in place when work activities are not being performed. Restrictions will not be left in place simply for the convenience or to avoid the need to remove barricades at the end of the work shift and reset them the following day. Restrictions will not be left solely in place to accommodate storage equipment, supplies, debris, etc. Excavations will be covered with steel plates or backfilled and the lanes ripened to traffic at the end of the workday unless it is not feasible to do,as determined solely by the City No flagging of traffic will be permitted on arterial or mid-section collector streets unless approved " by the TTC:Permit. Unless otherwise specified in the "Special Traffic Regulations" subsection below, the following general requirements from the Traffic Barricade Manual shall apply: • Traffic restrictions will not be permitted on Major/Collector streets during the peak traffic hours of 6:30 am to 8:30 ant and 4:00 pm to 6:00 pm weekdays. • During off-peak hours,the following number of through lanes will be kept open to traffic. • If more than four(4)lanes exist-four(4)lanes(two(2)lanes each way)will remain open to traffic. • If four(4)or fewer lanes exist-two(2)lanes(one(1).lane each way)will remain ripen to traffic: • n one-way streets One(1)lane will remain open. The restrictions discussed in this section will be used only for the active execution of the work and restrictions will not be in place unless necessary to execute the work. 21. SPECIAL TRAFFIC REGULATION : Unless otherwise determiners by the City, traffic lane restrictions for the Job Order will comply with the specific criteria outlined in the JOB order; If the requirements of this"Special Traffic Regulations"subsection conflict with the requirements of the "Restrictions and Closures-General" subsection, the provisions of the "Special Traffic Regulations"subsection will govern. Page 14 of 41 Roadway Electric,LLC Contract#2022146 is f i t• #! •:- # #' #. • !' # + • #' tt. # '# • # ! # .. t. is • # � i • # :! # tR f # 1. .#! # `! # . f 7. TRANSIT STOP REQUIREMENTS: Contractor will maintain all existing transit stop locations per the Traffic Barricade Manual or provide alternate transit stop locations as required by the TTC. Contractor will notify the City Transit Coordinator (480- 44-41 1) through the City Inspector, at least severe(7)days prior to any bus stops relocations or access restrictions. When construction activities require that transit services are rerouted,detoured, or when multiple stop locations on the same route are affected, a notification will be submitted to the City Transit Coordinator fourteen(14)calendar clays prior to the change in service of the route.The Contractor Will be responsible for posting route modification information at the individual stop locations seven (7)days in advance of the beginning of the detour.A template of the route modification notice may be obtained from the City of Mesa Transit Coordinator. The Contractor will be responsible for removing all route modification notices once the route has been restored to normal operations or is no longer needed: Construction activities affecting public transit will be coordinated with Valley Metro RPTA. 28. SCHOOL ZONE REQUIREMENTS: Contractor will provide safe school zones, crosswalks and walkways for students attending nearby schools during all hours of school unless otherwise approved in the TTC Permit. If an existing school bus route is impacted by the Project, the Contractor will notify the school Principal and the school Transportation Director at least seven(7) calendar days prior to the work; The Contractor will restore unrestricted access as soon as passible or as directed by the City Inspector. 29. SPECIAL EVENT REQUIREMENTS: When special events are scheduled to take place within or adjacent to the project during the construction of the project, the Contractor will coordinate and schedule his work to mitigate any impact to the event at no additional cost to the City. X SOLID WASTE COLLECTION REQUIREMENTS: Contractor will ensure sanitation pick-up is not affected by relocating trash containers, or by providing alternate measures acceptable to the Environmental Management and Sustainability Department(480-644-2221). 31. SIGNING AND PAVEMENT MARKING REQUIREMENTS: Contractor will be responsible for maintaining the necessary traffic control devices until the area where treatment has been applied has been re-striped and re-signed. Coordination of re-striping and re-signing will be handled by the City Inspector. Contractor,through the City Inspector,will notify the Transportation Department {480-644- 160) at least seven (7) days prior to the time the roadway signing and striping is scheduled. No additional payment will be made to the Contractor for this coordination: Unless otherwise specified on the plans or in these specifications, re-striping and re-signing will be the responsibility of Contractor and the cost thereof included in appropriate bid items on the bid schedule. 32. EMERGENCY MOBILIZATION: There may be occasions when the City needs work to begin immediately within twenty-four(24)hours(short notice)of the Contractor being notified. Examples of this would be catastrophic damage from natural causes,vehicle damage,including but not limited to damage to ITS poles,arms,heads&related infrastructure. Contractor is to provide the City with a twenty-four(24)emergency contact phone number that will be staffed at all times when the Contractor is performing work under this Agreement. TTC staff should be notified when emergency mobilization will require roadway restrictions to facilitate the work. 33. COORDINATION:TION: Contractor will coordinate and schedule work with other contractors in the vicinity to avoid conflicts,ensure compatibility of traffic controls, avoid duplication of signing, and minimize disruption Page 16 of 41 Roadway Electric,LLC Contract#2022146 34.- MISCELLANEOUS LABOR: Miscellaneous labor may be used if deemed necessary to cover anticipated tasks or situations only with prier arrangements and agreements with Contractor and City Inspector. 35. WARRANTY: The Contractor will guarantee all workmanship for a period of one(1)year from the date of acceptance by the City Inspector. 36. WORKMANSHIP: Where not more specifically described in any of the various sections of these specifications, workmanship will conform to all the methods of operations of best standards and accepted practices of the trade or trades involved, and will include all items of fabrication, construction or installation regularly furnished or required for completion of the services. All work will be executed by personnel skilled in their respective lines of work. 37. PERFOR ANCE INTERFERENCE: Contractor will notify the department contact immediately of any occurrence and/or condition interfering with the full performance of the contract and confirm in writing within twenty-four( )hours. 36. PAYMENT: Except as otherwise noted within this section, barricades, traffic control devices, salaries, and other work or materials required to perform work under this Agreement are non-pay items. Per MAC Section 101,a non-pay item is an item of work for which no separate payment will be made;the cost of which is to be included as an incidental cost for associated item(s)included on the Pricing Sheet. 39. INVOICES: All work performed by the Contractor will be inspected and approved by the City Inspector prior to processing any pay request. Payment will be based on unit price bid and total quantity of each bid item satisfactorily completed and/tar measured jointly by the City Inspector and the Contractor(to the nearest whole unit using conventional rounding methods). Any questions relating to measurements or quantities will be resolved prior to invoice submittal. All efforts will be made by the City to make payment for approved work within thirty(30)business days after invoices are submitted to accounting. Invoice processing will commence upon project completion and will follow the process below: Contractor's field representative and City's field representative will walk the project within three(3) business days of project completion and agree to the quantities. The City will then issue an Authorization to Invoice(ATI)which will list quantities,descriptions:and contract pricing. The Contractor will review the ATI against the field walk quantities. If there is any discrepancy,the Contractor will contact the City's field Representative to resolve and ask to reissue the ATI with the adjusted quantities. If the ATI is accurate, the Contractor will submit their invoice and the ATI with project name and Master Agreement number to the City within three (3) business days to request payment. Unit prices for each bid item will include all labor, equipment, clean up, loading, hauling, citizen notifications;disposal;hand tools,surcharges,miscellaneous equipment or activities necessary as well as barricading costs that is required to complete the work under this Agreement. 40 TERM: This Solicitation is for awarding a firm,fixed price purchasing contract to cover a three(3) year term. 41. RENEWALS: On the mutual written agreement of the Parties,the Tenn may be renewed up to a maximum of two(2)years. Any renewal(s)will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. Page 17 of 41 Roadway Electric,LLC Contract#20221 6 4 . EXTENSIONS: Upon the expirationof the Term of the Agreement, including any renewals permitted herein, at the City's sole discretion the Agreement may be extended for a maximum of six(6)months to allow for the ity's procurement processes in the selection of a vendor to provide theservices/materials,under this Agreement. The City intends to notify the Contractor in writing of its desire to extend the Agreement at least thirty(30)calendar days before the expiration of the Term. Any extension will be a continuation of the same terms and conditions as in effect immediately before the expiration of the then-current term. 43. PRICING: a. Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement and include all costs of the Contractor providing thematerials/service including transportation,insurance,and warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be invoiced at prices Nigher than those stated in the Agreement. The Contractor further agrees that any reductions in the price of the materials or services covered by this Agreement will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions: No price modifications will be accepted without proper request by the Contractor and response by the City's Purchasing division. b. Price Adjustment Any requests for reasonable price adjustments must be submitted in accordance with this section. Requests for adjustment in the cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment therefore Contractor should be prepared for the pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor's actual expenses or other reasonable adjustments in providing the services/materials under the Agreement: If the City agrees to the adjusted price terms,the City shall issue written approval of the change. Luring the sixty (60) day period before Contract expiration date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve(12)month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of tabor, Bureau of Labor Statistics (hftp://www.bls.goy/cpi/home.htm). The City shall review the request for adjustment and respond in writing,such response and approval shall not be unreasonably withheld. c. Renewal and Extension Pricing. Any extension of the Agreement will be the same pricing as the initial Term. If the Agreement is renewed in accordance with Section 6, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the parties. The Contractor may submit a request for a price adjustment alone with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the previous section.There is no guarantee the City will accept a price adjustment 44. TYPES AND AMOUNTS OF INSURANCE: Insurance requirements are detailed in the Agreement document. Contractor must obtain and retain throughout the term of the Agreement,at a minimum, the fallowing: a. Worker's compensation insurance in accordance with the previsions of Arizona law. If Contractor operates with no employees,Contractor must provide the City with written proof Page 13 of 41 Roadway Electric,LLC Contract#2022146 Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker's compensations in accordance with Arizona law. b. The Contractor shall maintain at all times during the term of this contract, a minimum amount of $3 million per occurrencet$5 million aggregate Commercial General Liability insurance,including Contractual Liability. For General liability insurance,the City of Mesa, their agents,officials, volunteers; officers,elected officials, or employees shall be named as additional insured,as evidenced by providing an additional insured endorsement. c. Automobile liability, bodily injury, and property damage with a limit of 1 million per occurrence including owned, hired,and non-owned autos. Before the execution of the Contract, the Contractor shall provide the City with a Certificate of Insurance(using appropriate ACORD certificate)SIGNED by the Issuer,applicable endorsements, and the City reserves the right to request additional copies of any or all of the above policies, endorsements,or notices relating thereto. When the City requires a Certificate of Insurance to be furnished,the Contractor's insurance shall be primary of all other sources available. When the City is a certificate holder, the Contractor agrees that no policy shall expire, be canceled, or materially changed to affect the coverage available without advance written notice to the City, "Waiver of Subrogation". The policies required by this agreement(or contract) shall contain a waiver of transfer rights of recovery (subrogation) against the City, its agents, representatives, directors,elected officials,officers,employees,and volunteers for any claims arising out of the work of Contractor." All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Manager. Page 19 of 41 roadway Electric,LLC Contract#2022146 ADDENDUM I -PRICING Pursuant to at Ithe contract specifications enumerated and described in this Solicitation,Respondent agrees to furnish Traffic Signal Maintenance Services to the City of Mesa at the price(s)stated below. Contractor shall supply all necessary items and services, uired to complete the work described in the specifications contained herein,which includes but is not limited to labor,tools,equipment,permits and incidental materials. All work shall be accomplished in accordance with the City of Mesa standards and these specifications. Bidders must bid on ALL items in order to be considered responsive. Section 1: Trenching,Boring and Conduit Unit of Estimated item No. description Unit Price assure Annual Total Price O anti R2con.duit, chine trench 36"deep,extend or install up to 3"PVC duit;backfill and machine tamp(includes multiple $ 31.00 LF 700 $ 21,7f}Cf,Q(} duits in same trench) chine trench 8"deep;extend or install up to 3"PVC bac fill anti machine tamp(includes multiple $ 32.25 LF 19„350,00 duits in same If Hand trench 36"deep;extend or install up to 3"PVC 3 conduit,bac fill and machine tamp(includes multiple S 45,00 0 LF 1, 54.000.00 conduits in same trench) Hand trench 48"deep,extend or install up to 3"PVC 4 conduit;backfill and machine tamp(includes multiple 47,,00 LF 200 $ 9„400,00 conduits in same trench) Machine trench 49'deep,extend or install 4-2"Quad Duct(with 1"locating duct)PVC conduits,backS#1 and 5 $ 47.00 LF tot} $ 4,7t.t machine tamp(M-66 aeries e.9,M-66,07:1,M-66.t77.2, -66,{D73„M-66.07A4 - 6,07.5 and M-90 Series} Hand trench 48"deep,extend or install 4.2'Quad Duct 6 (with 1"locating duct)PVC conduits,backfili and $ 51.00 LF 50 $ 2,550,00 machine tamp(M-66 Series,e.g.M-66.07,1,M- 6.07.2, M-66.07:3,M-66.07A,tut-66.07.5 and -90 aeries) 7 Guided Bore and install up to 3-inch conduit,36"to 48" $ 45.00 LF 1,500 67,500,00 deep,{including boring pit if necessary) Price for each additional conduit installed during the $ 5.25 LF 750 3„937.50 same bore in item 7 above Guided Bore and Install -2"Quad Duct conduits(with 1' 9 locating duct)(M-66 Series:e.g.M-66.07.1, -66,072, $ 56.50 LF 1,000 56.500.00 M-66.47.3,M-66.07A,M-66,07. and -90 Series) Guided bore and install 4x18mm bundled micro-duct.(M- 10 66 Series: e.g.M-66,08,2;M-6&08.3, -66.08.4 and M- $ 45.00 LF 1,000 45,000.00 30 Series) Install wire(s)and cable(s) (IMSA 19-1 Signal cables and other wires)includes all terminations and splicing in 11 pull boxes,mounts,etc.)Payment for install is based S 4�75 LF 20„000 $ 95,000.00 upon the distance from point to point regardless of the q antaties of individual wires 12 Remove mutiple wires and cables in one conduit 2,75 LF 8,000 $ 22,000,00 Proof existing conduit(mandrel)Thera install Fiber Optic 13 Cable and 1= 1 -locator wire. Fiber optic cable shall be $ 3.04 LF 4,000 $ 12,000.00 tested with an OTOR before and after installation Total far Items i-1 $ 41 ,697,5CF Page 20 of 41 Roadway Electric,LLC Contract#2022146 ROADWAY 22 Section 2. Pull Boxes and Vaults Unit of Estimated Item No. description Unit Price Measure Annual Total Price Quantity 14 Instal put box or replace existing pull box.#5112(M- $ 550.00 EA 10 ,500.00 93,01 15 Install pull box or replace existing pull box:#7(M-93:01) $ 700,00 EA 30 $ 21,00OZO 16 Install pull box or replace existing pull box:#8(M-93.01) $ 825.00 EA 15 12*375.00 install pull box or replace existing pull box #9(24" 17 deep)( -93.01,M-66 Series',e.g.M-66.07.1,M- $ 1,000M EA 5 $ 5,000.00 66.07.2,M-66.07.3:M-66.07A, -66,07.5,M-66.68.1,M- 66.082, -66,08,3 -66,08.4 Install pull box or replace existing pull box;79 Box(48" 18 deep)(M-93.01,M-66 Series:e.g, -66.07,1,M- $ 1,456.bt1 EA 6 $ 7,250.00 66.07.2. -66.07.3;M-66.07.4, -66.07.5,M-66.ou' - 66.0( Z M-66.O8.3,M-66,08.4 Install vault or replace existing vault or pull box,4'x4'x4*, 19 in dirt or landscaped area(M-66 Series:e.g.M-W01 1.50tJM EA 1 $ 1,500,00 1throe h M-£6.fl8.4 Install vault or replace existing vault or pull box,,4'x4'x4', 20in asphalt(M-66 Series:e.g.M-66.01 through M- $ 2. 0t1.t}t7 EA 1 $ 2,240M 66.08.4 21 Remove pull box,backfill and machine tamp:. 3112 or#5112 $ 25.00 EA 1 $ 25,00 _ 22 Remove pull box,backfill and machine tamp #7 or#8 $ 375.00 EA 1 $ 375,00 23 Remove pull box,backfill and machine tamp:#9(24' $ 775,00 EA 1 775.00 dee 24 Remove pull box,backfill and machine tamp:#9(48" $ 9 a0.O0 EA 1 $ 950.00 deep) Remove existing vault or pull box,4'x4'x4',in dirt or 25 landscaped area(M-66 Series:e.g.lv-66.01 through - $ 1,300M EA 1 $ 1.300M 66,08,4 26 Remove existing vault or pull box,4°x4'x4',in asphalt(M- $ ;400.00 EA 1 $ 2,400.00 66 Series:e. -66.01 through M-66.08.4 Total for Items 14-26.1$ 60,850,00 Section 3: Foundations Unit of Estimated Item No, description Unit Price Measure Annual Total Price 2uanti 27 Install Pedestrian Push Button("PPS")or Bicycle Push $ 1,095.00 EA 50 $ 54,750.0{} Button "BPB" Pale Foundation M-94.01 28 Install W Pole Foundation(M94.03) $ 1,225.00 EA 40 $ 49,000,00 is a or pore oun a+on - 9 94.05,M-94M) $ 1,525:00 EA 30 $ 45k750.00 30 Install"L"or"S'Pole Foundation(M-94.05,M-94.06) S 2,350.00 EA 2 $ 4,700M 31 Install 2'x 5'Streetlight Foundation(F-106,includes $ 1,495.00 EA 1 $ i,49 .00 foundation cap, SL-74.03 32 Install 2'x 6'Streetlight Foundation(F-1 O4,includes $ 1,495,00 EA 1 $ 1,495.00 foundation cap, L-74.03 33 Install 3'x 6'Streetlight Foundation(F-103,includes $ 1,500.00 EA 1 $ 1,500.00 foundation cap, SL-74.(} 34 Install 3'x 8*Streetlight Foundation(F-101,includes $ 1,540.00 EA 1 $ 1,540.00 foundation cap, L-74:03 35 Install 1.Traffic Signal Cabinet Type V Foundation and $ 1,275.00 EA 10 S 12,750.00 porch stab M 92,01 36 Install Traffic Signal Cabinet ATC Cabinet Foundation $ 1,275M EA 10 $ 12,750.00 and porch slab.See Exhibit 37 Install Traffic Signal Service Pedestal Foundation(M- $ 1,000.00 EA 15 $ 15M0.01 91.01&91.02 38 Install Traffic Signal UPS Pedestal Foundation(M-92.02) $ 1,000,00 EA 5 5,000M Lj: LRemove �bufton W,Pedestrian Push Button(PPB")or bicycle $ 1,200.00 EA 10 12,OMOO ("BPB")Pole Foundation(M-94-,01) E"or'F,Pole Foundation S i'lloo.QO EA 10 $ 18,000.00 Page 21 of41 Roadway Electric,LLC Contract#2022146 VRQADW" ra:a cz i Section 3. Foundations Unit of Estimated Item No. Description Unit Price Measure Annual Total Prise Remove"J",*K,""Q"or"R"Pole Foundation(M-94.05,94.06 >450.00 EA 10 $ 24.500.00 42 Remove"L","S"Pole Foundation( -94.05,94.06) $ 3,750.00 EA 1 3,750.00 Remove 2'x 5'Streelight Foundation(F-106,includes 43 foundation cap, SL-74.03 $ 1;800.00 EA 1 $ 1,800:00 44 Remove 2'x 6'Streelight Foundation(F-104,includes foundation cap, SL-74.03 $ 1 975.00 EA 1 1>975.00 ff Remove 3'x 6'Streelight Foundation(F-103,includes $ 2,100,00 EA 1 $ ,10040 foundation ca , L-74,03Remove 3'x 8' treelight Foundation(F-101,includesfoundation cap, SL-74.03 $ 2,350,00 EA 1 $ 2,35(}.00t 47 Remove Traffic Signal Cabinet Type V or ATCC $ 2,025.00 EA 5 $ 10,12&00 Foundation M92,01 I and eorch stab Remove Traffic Signal Service Pedestal Foundation(M- 48 1,200,00 EA 1 $ 1,20.00 91.02 Remove Traffic Signal ZIPS Pedestal Foundation(M- 49 92.02 $ 1,200.00 EA 49 $ 58,800,00 50 Remove Trim concrete pale foundation,anchor bolts $ 1.725.00 EA 5 $ 8,625,00 and conduit 24"below grade,backfill and machine tamp Total for Items 27-50-1$ 350,955,00 Section 4, Miscellaneous Concrete and Asphalt Unit of Estimated Item No. Description Unit Price Measure Annual Total Price Quanti 51 Saw cut concrete 4"-6"Deep $ 15,00 LF 250 $ 3,750,00 2 Saw cut asphalt 4"-6"Deep 13.75 LF 200 $ 2,750.00 53 Asphalt temporary patch 350A0 SF 100 S 35,000.00 54 Install Sidewalk concrete $ 135.00 SF 100 $ 13,500.00 55 Remove Asphalt $ 160.00 SF 100 $ 16.000,00 56 Remove Sidewalk concrete 160.00 SF 175 $ 28,000,00 Total for items 51-66: $ 99,000.00 Section 5, Poles,Arms and Cabinets Unit of Estimated Item No. Description Unit Price Measure Annual "Total Price Quanti 57 Install Type V or ATC Signal Cabinet $ 1,425.00 EA 5 7,125,00 58 Install UPS Cabinet(Pad Mount or Piggy Back) $ 1,150.00 EA 5 $ 5,750.00 59 Install Service Pedestal $ 725,00 EA 5 $ 3,625.00 60 Install"PPS'or"BPB"pole $ 550.00 EA 40 $ 22,000100 61 Install"A"pole 8'to IS' $ 725,00 EA 25 18„125.00 62 Install"E"Eolo $ 725.00 EA 1 $ 725,00 63 Install"F" am 725.00 EA 1 $ 725,00 64 Install"l" "K",or"L'pale $ 900.00 EA 10 9,000.00 65 Install"Q".,"R"or"S"pole $ 900.00 EA 20 $ 18,000,00 66 Install'ITS'Pole(M-94.07&M-94.08) $ 900.00 EA 5 4,500.00 67 Install Antenna Clamp Assembly( -94,09) $ 625,00 EA 2 $ 1,250.00 68 Install 18'to 20'Signal Mast Arm(SMA) $ 410,00 EA 2 $ $20,00 69 Instal 18'to 2V Luminaire Mast Arm(LMA) $ 410.00 EA 25 $ 10,250.000 70 Install 25`to 30'Signal Mast Arm(SMA) $ 410100 EA 15 $ 6,1%00 71 lInstall 35'to 49 Signal Mast Arm(SMA} $ 475.00 EA 15 $ 7,125.00 72 Install 4610 55'Signal Mast Arm(SMA} $ 475.00 EA $ ,375.00 73 Install 60'to 65'Signal Mast Arm(SMA) $ 475,00 EA 1 $ 475.00 74 Install Streetlight„all single mast arm stepped poles 550,00 EA 1 $ 550.00 75 Install Streetlight;all double mast arm stepped poles S 625.00 EA 1 S 625,00 76 Install Streetlight,all Davit type poles $ 550.00 EA 1 $ 550,00 77 Install Streetlight;,all Tapered type poles $ 550.00 EA 1 $ 550.00 78 Remove Type V or ATC Signal Cabinet $ 580.00 EA 5 2,900,00 79 Remove UPS Cabinet(Pad Mount or Piggy Back) 450,001 EA 5 $ 2,250,00 80 Remove Service Pedestal $ 360.00 1 EA 5 $ 1,800.00 81 Remove"PPB"or"BPB"Pole $ 360_00 EA 1 360 Ot3 ROADWAY s� �M, r r Page 22 of 41 Roadway Electric;LLC 24 -LL---==----ro- Contract#2022146 • Section 5» Poles,,firms and Cabinets Unit f Estimated Items No. Description Unit Price Annual Total Price Measure Quantity 82 Remove"A"Pole $ 350,00 EA 2 $ 700.00 3 Remove"E"Pole $ 365.00 EA 3 $ 11095,00 84 Remove"F"Pole $ 365.00 EA 3 $ 1.095.00 85 Remove'J",W,or"L"Pole $ 460.00 EA 10 $ 4„600.00 86 Remove'0*,"R" or"S"Pole $ 460.00 EA 10 $ 4,600,00 67 Remove"ITS"Pole( -94.07 8 -94.087 $ 460,00 EA 1 $ 460.00 88 Remove Antenna damp Assembly(M-94,09) $ 275A0 EA 2 $ 550,00 89 Remove 18 to 20'Signal Mast Arm(SMA) $ 350,00 EA 10, $ 3,500,00 90 Remove 18'to 2W Lu inaire Mast Arm(L A) $ %00 EA 10 $ 3,500A0 91 Remove 25'to 3V signal Mast Arm(SMA) $ 350.00 EA 10 $ 3,500.00 92 Remove 35'to 40`signal Mast Arm{SMA) $ 350.00 EA 5 $ 1,750,00 93 Remove 4V to 55'signal Mast Arm(SMA) $ 350.00 EA 5 $ 1,750.00 94 Remove 60,to 66 Signal Mast Arm(SMA) $ 3%00 EA 2 $ 720.00 95 Remove Streetlight,all single mast arm stepped poles $ 550.00 EA 2 $ 1,100.00 96 Remove Streetlight,all double mast arm stepped poles $ 550,00 EA 1 $ 5%00 97 Remove Streetlight.all Davit type poles $ 550.00 EA 3 $ 1„650.00 98 Remove Streelli ht,all Tapered type 22les $ 550,001 1 $ 550.00 Total for Items 57-98:1$ 159275.00 Section 6: Heads,Mounts and Accessories Unit of Estimated Item No. Description Unit Price Measure Annual Total Price rrartfit 99 Install Pedestrian Push Button station on pale $ 205,00 EA 75 $ 15,375,00 too install Pedestrian or Vehicle mount on pole : 210.00 EA 100 $ 21a000.00 101 Install Pedestrian or vehicle indication on pole mount $ 210A0 EA 100 $ 21,000,00 102 Install Traffic Signal Mast Arm Mount(M-94.10) $ 210.00 EA 50 $ 10,500,00 103 Install Vehicle indication on Signal Mast Arm(SMA) $ 275,00 EA 50 $ 13,750,00 mount 104 Install Internally Illuminated Street Name Sign(M-95.07, $ 700.00 EA 2 $ 1,400,00 95,08;95.09 Installree ig um,nasr n uanaue rrn 105 (LMA) $ 150.00 EA 25 $ 3:750.00 106 install Video Detection Camera can pole or mast arm $ 825,00 EA 20 $ 16.500.i10 includes mounting bracket,W96,05 Install Video Detection Camera on pole or mast arm 107 (includes mounting bracket-S859-ACM-74);See exhibit $ 950.00 EA 20 $ 19„000.00 3 108 Install Preemption Sensor on pole or traffic signal head $ $30 00 EA 20 $ 16, 00,00 M-90,03 Install CAT5 shielded cable or replace existing 109 composite cable or coax with CAT5 shietded cable(e.g. $ 2.75 LF 7.500 $ 20,625.00 example for CCTV or radios)and terminate 110 Install Camera(CCTV-PTZ dome or 360 Degree)on $ 1,210.00 EA 5 6„050,00 sale includes mountma bracket M-95,10 111 Remove Camera-remove existing camera, (includes mounting bracket $ 425.00 EA 10 $ 4,250.00 112 Install radios(e.g,wireless access point)on pole or mast $ 1,125.00 EA 50 $ 56,250,00 arm M-95.11 113 Install Metro Sign on Signal Pole/SMA $ 550.00 EA 20 $ 11,000.00 114 Remove Pedestrian push button station on pole $ 140.00 EA 1 3 $ 4,90t3.00 115 Remove Pedestrian or vehicle mount on pole $ 140.00 EA 30 $ 4,200.00 116 Remove Pedestrian or vehicle indication on pole mount $ 140,00 EA 50 $ 7,000.00 117 Remove Traffic Signal Mast Arm Mount(M-94.10) $ 205.00 EA 5 $ 1,05,00 118 Remove Vehicle indication on Signal mast Arm tSMA) $ 205,00 EA 25 $ 5,125.00 119 Remove Internally Illuminated Street Blame Sign and $ 415,00 EA 5 $ 2,075;00 Plug conduit hole with 1/2" i e Iu 120 Remove Streetlight Lum€Haire on Luminaire Mast Arm LMA 150.00 EA 15 $ 2,250„00 121 Remove Video Detection Camera on pole or mast arm $ 275,00 EA Is $ 4,125.00 includes mount;22 bracket and efug hole ROADWAY Page 23 of 41 Roadway Electric,LLC r.`,,r Contract#2022146 2 Section 6: Heads,Mounts and Accessories Unit of Estimated Item No. Description Unit Price Measure Annual Total Price Quanfitv 122 Remove Preemption Sensor and mount,plug hale S 415.00 EA 2 075.00 123 Remove Radio Antenna(e.g.Yagi)and mount{e.g. $ 415,00 EA 10 4,150.00 Pelco mountj from pole or mast area M-95,11 124 fRemove Metro Sign on signal Pole/SMA S 275.00 EA 20 5,500.00 125 Complete LEI}Replacement in a 3 Section Mast Arm $ 340.00 EA 7 $ 25,500 00 Mounted Signal Head 126 Complete LED Replacement in a 4 Section Mast Arm 420.00 EA 10 $ 4,200.00 Mounted Signal Head 127 Complete LEI?Replacement in a 5 Section Mast Arm $ 475.00 EA 25 $ 11,67&GO Mounted Signal Head 128 Complete LED Replacement in a 3 Section Pole $ 275.00 EA 25 $ 6,875.00 Mounted Si nal Head 129 Complete LED Replacement in a 4 Section Pole $ 350.00 EA 10 $ 3,500.00 Mounted Signal Head 130 Complete LEI)Replacement in a 5 Section Pole $ 4X00 EA 25 10,750.00 Mounted Signal Head 131 Complete LED Replacement in a Pole Mounted $ 215.00 EA 100 21,500:00 Pedestrian Signal Head Total for Items 99-131:1$ 363,675-00 Section 7. Traffic Leaps Unit of Estimated Item No. Description Unit Price Measure Annual Total Price anti 132 Install 6`x 6Square Loop in Asphalt per M-96.01 $ 1.675.00 EA 2 $ 3„350.00 throu h M-96,04 133 Install X x 19 Bike Loop in asphalt per M-96.01 through $ 1.525.00 EA 2 $ 3,050.00 M-96i,04 134 Install 6`x 16 Quadrupole Loop in Asphalt per M-96.01 $ 100.00 EA 2 3,300,00 through M-96,04 135 Install 6'x 2Y Quadrupole Loop in Asphalt per M-96.01 1,6%00 EA 5 8,250.00 through -96,04 136 Install 6'x 40"Quadrupole Loop in Asphalt per W96.01 $ 2,1 0.00 EA 5 10,7%00 through -96,04 137 Install 6'x 60'Quadrupole Loop in Asphalt per M-96.01 $ 2i575.041 EA 10 2S<?5[I:OD through -96.04 138 linstall Loop stub out per Detail M-96.04 $ 9,075.00 EA 5 $ 5,375.00 Total for Items 132-138. $ 59,825.00 Page 24 of 41 Roadway Electric,LLC Contract#2022146 'kLR rca Section 8: Tn& cof Miscellaneous Work Unit of Estimated Item Descriptions Unit Price measure Annual Total Prise uantF 139 Unskilled Labor $ 70.00 HR 300 21.000.00 140 901ed Electrical $ 105.00 HR 200 $ 21,000,00 140a Fiber pliicmg�Mid-span entry up to 12 Fit rs $ 1,075.00 EA 5 5,375.00 140b Fiber Splicing:Full cable up to 144 fibers 3,225.00 EA 2 $ 6,450.00 Bucket ruck anoperatorto4 $ 180.00 MR 14 1,800.00 142 Bucket Truck and operator to 75` 100.00 FIR 10 $ 1,900.00 143 BoomlCrartetAuger truck and operator $ 190.00 FIR 5 $ 950.00 144 Pickup truck and operator $ 1266.00 FIR 20 $ 2,520,00 145 P kup truck vrith arrow board and operator 145M FIR 20 $ 2,900.00 146 Platform truck and operator $ 126.00 FIR 10 $ 1,2%00 147 Backhoe and Operator $ 176.00 FIR 1 $ 176.00 148 Emergency mobilization fee 2,350.00 EA 5 $ 11,7 0,00 Total for Items 139448:1$ 77,081,00 Section g; Miscetlaas s- "traffic Control Unit of Estimated Item No. Descriptions Unit Price Measure Annual Total Price antity Single Lane Closure(with pedestrian painaway)1000 FT Work Area: Restricting the right large in one direction 149 with pedestrian pathway per City of Mesa Traffic Control $ 3,870 00 EA 10 $ 38,700.00 and Barricade Specifications.Daytime set-up only,shall include d6very,set-up„pick-up;and service of all devices.Pet da Single Lane Closure 1000 FT Work Area. Restricting the left or right lane in one direction per City of Mesa 150 Traffic Control and Barricade Specifications.Daytime set $ 700.00 EA 10 7,000,00 up only,shall include delivery,set-up,pick-up and service of all devices.Per day 151 3ff-Duty Uniformed Police Officer-per hour $ 125.00 1 EA 100 $ 12,500.00 Total for items 14J-151: $ 58,200.00 Total Bid: $ 1,64 ,4 8.50 The City will add any applicable sales tax or use tax. Sales/Use taxes should not be included in the bid prices. Vendors who will be charging a Mesa Transaction Privilege Tax(TPT)will have a 2.00%removed from the taxable item(s)for the purpose of award evaluation(i.25). DELIVERY;See Mesa,standard Terms and Conditions. Vendor Name ROADWAY ELECTRIC LI C Date: 2/22120 2 2f1 12022 RFP#2022146 Page 25 of 41 Roadway Electric,LLC Contract#202214 ROA W{lY EXHIBIT C MESA STANDARD TERMS AND CONDITIONS 1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor's employees, not City employees. Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to City employees including;but not limited to,health benefits;enrollment in a retirement system,paid time Gaff or ether rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers' compensation. if any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City,Contractor will defend,indemnify and hold harmless the City from all such claims. 2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. 3. ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, without first receiving the City's written consent. Any attempted assignment,either in whole or in part,without such consent, will be null and void and in such event the City will have the right,at its option, to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. 4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. 5, NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create or will create any benefits,rights, or responsibilities in any third parties. . NON-EXCLUSIVITY. The City, in its sole discretion,reserves the right to request the materials or services set forth herein from rather sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. 7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. . TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations under this Agreement. 9. COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits/licenses and pay all charges and fees necessary and incidental to the lawful conduct of business,Contractor must stay fully informed of existing and future federal,state,and local laws,ordinances,and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense.Contractor bears full responsibility for training, safety, and providing the necessary equipment for all Contractor personnel to achieve compliance throughout the term of the Agreement. Upon request,Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified Page 25 of 41 Roadway Electric, LLC Contract#2022145 in writing by Contractor that they are prohibited from the manufacture, distribution dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986(IRCA)in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United Mates: i, As applicable to Contractor, under the provisions of A.R.S. §41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will dimply with,and are contractually obligated to comply with,all federal immigration laves and regulations that relate to their employees and A.R.S. § 3- 14(A) (hereinafter collectively the"Contractor Immigration Warranty'). ii. A breach of the Contractor Immigration Warranty will constitute a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. iii. To ensure Contractor and its subcontractors are complying with the Contractor Immigration Warranty,the City retains the legal right to conduct random verification of the employment records of any Contractor or subcontractor employee who works on this Agreement, including the inspection of the papers of such employees. Contractor agrees to assist the City in regard to any random verification performed. iv. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274a and 274b of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed byA.R. 23-214(A). d. Nondiscrimination. Contractor understands and acknowledges that it is the policy of the City of Mesa to promote non-discrimination. As such,Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race; color, national origin, age,disability, religion, sex, sexual orientation, gender identity, and expression, veterans' status, marital status, or genetic information,and represents and warrants that it complies with all applicable federal,state,and local laws and executive orders regarding employment. In performance under this Agreement, Contractor and Contractor's personnel will comply with applicable provisions of the following laws (as amended): Title VII of the U.S. Civil Rights Act of 1954,Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.),and any other applicable non-discrimination laws and rules. e. State Sponsors of Terrorism Prohibition, Per A.R.S.§ 35-39 , Contractor must not be in violation of section 0)of the Federal Expert Administration Act and subsequently prohibited by the State of Arizona from selling goods or services to the City. f. Israel Boycott divestments. In accordance with the requirements of A.R& § 5- 93,01,if the Agreement requires Contractor to acquire or dispose of services, supplies, information technology or construction with a value of $100,000 or more, then; by entering into this Agreement, Contractor certifies that it is not currently engaged in, and agrees for the duration of the Agreement to not engage in,a boycott of goods and services from Israel, Page 27 of 41 roadway Electric, LLC Contract#2022146 10, SALESIUSE TAX,OTHER TAXES. . Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor's services under this Agreement including, by way of 'illustration but not limitation,federal and state income tax,Social Security tax, unemployment insurance taxes, and any other taxes or business license fees, as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City,or should otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility under this Agreement,then Contractor will indemnify the City for any tax liability, interest,and penalties imposed upon the City. b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request.The City is not exempt from state and local sales/use taxes, 11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations, whether or not related to the Agreement,due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by;any delinquent amounts due to the City or fees and charges owed to the City, 12. PUBLIC RECORDS. Contractor acknowledges that the City is a public body,subject to Arizona's public records laws(A.R..S. § 39-121 of seq.),and any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or ether judicial processes, a. if Contractor believes documents related to the Agreement contain trade secrets or rather proprietary data; Contractor must have notified the City pursuant to Mesa Procurement Rules Section 2.1 or notified the City with a notification statement specifically identifying the trade secrets or other proprietary data that Contractor believes should remain confidential, ti. In the event,the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data,the City,to the extent possible,will provide Contractor with prompt written notice by certified mail, fax, email or other methods that tracks the delivery status of the requirement to disclose the information so Contractor may Seek a protective carder from a court having jurisdiction over the matter or obtain other appropriate remedies.The notice will include a time period for Contractor to seek 'court-ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court-orderers protection by the expiration of said time period, the City may release the information without further notice to Contractor. 13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6)years after completion of the Agreement. The City or its authorized went reserves the right to inspect any records related to the performance of work specified herein. In addition;the City may inspect all payroll,billing,or tither relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor's place of business or City offices,as determined by the City. 14. BACKGROUND CHECK. In accordance with the Cit 's current background check policies, the City may conduct criminal,driver history,and all other requested background checks of Contractor personnel who would perform services under the Agreement who will have access to the City's information;data,or facilities. Any officer,employee,or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 16. SECURITY CLEARANCE AND REMOVAL CE CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons. (i) to determine when security clearance of Contractor personnel is required; (ii)to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel,and(iii)to determine whether any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any Page 28 of 41 Roadway Electric, LLC Contract#2022146 reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from the performance of services under this Agreement. 1& DEFAULT. a. A party will be in default of the Agreement if that party. i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor's capability to perform under the Agreement-, ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty( 0)calendar days; iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or an illegal manner;or iv. Fails to carry out any term, promise,or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and Solicitations in accordance with Article 6 of the City"s Procurement Rules c. Notice and Opportunity to Curer In the event a party is in default then the other party will provide written notice to the defaulting party of the default. The defaulting party will have thirty (30)days from receipt of the notice to cure the default, unless the default is of a nature that it is reasonably anticipated to affect the health, safety,or welfare of the public and, in such an event,the non-defaulting party may require a minimum seven(7)days to cure the default from the date of receipt of the notice,the cure period may be extended by mutual agreement of the parties,but no cure period may exceed ninety(90)days.A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non-defaulting party to provide notice of the default does not waive any rights under the Agreement. Failure of the defaulting party to cure the default will entitle the non- defaulting party to the election of remedies specific to the party as set forth in section 17 below. d, Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor's intent or ability to perform, the City may demand that Contractor give written assurance of its intent and ability to perform. In the event, demand is made; and no written assurance is given within ten (10) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement entitling the City to terminate the Agreement in accordance with section 17(a)below. 17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such ether date as specified by the terminating party. b. The City may purchase the services or materials required under the Agreement from the open market,complete the required work itself,or have it completed at the expense of Contractor, If the cost of obtaining Substitute Services exceeds the contract price in the Agreement,the City may recover the excess cost by. (i) requiring immediate reimbursement by the Contractor to the City; (ii)deduction from an unpaid balance due to Contractor; (III) collection against the proposal and performance security, if any, (iv) collection against liquidated-damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as permitted bylaw. Costs in this Subsection(b)include any and all fees,and expenses incurred in obtaining substitute services and expended in obtaining reimbursement including, but not limited to,administrative expenses,attomeys'fees,and costs. c. The non•defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. Page 23 of 41 Roadway Electric, LLC Contract# 0 214 d. Neither party will be liable for incidental,special,or consequential damages. I& CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties,Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City,enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by ether provisions in this Agreement. 19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement,in part or in whole,for its sole convenience upon thirty(30)calendar days written notice. Contractor acknowledges that, as with any termination permitted under this Agreement, in the event of a termination for convenience, Contractor is only entitled to payment in accordance with section 22 (Payment to Contractor Upon Termination), Contractor will not be entitled to any anticipated lost profits had the Agreement been performed to completion. 20. TERMINATION FOR C NFLICT©F INTEREST(A.R.S.§38-511). Pursuant to A.IR;S.§38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or further obligation, if any person significantly involved in initiating,securing,drafting,or creating the Agreement for the City becomes an employee or agent of Contractor, 21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINTS. The City is a governmental agency that relies upon the appropriation of funds by its governing body to satisfy its obligations.if the City reasonably determines it clues not have funds to meet its obligations under this Agreement,the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available, In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30)calendar clays before the stated termination date. 2. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement for any reason,Contractor will be entitled only to payments authorized under the Agreement for those services performed or materials provided in accordance with the Agreement up to the date of termination; and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty(30)calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor's properly prepared final invoice, 23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this Agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or inequity,or the acceptance of,or payment for,any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. 24. INDEMNIFICATION, LIABILiTY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, its elected officials, agents; representatives and employees (collectively, including the City, "City Personnel")from and against any and all liabilities,demands,claims, suits,penalties,obligations,losses,damages,causes of action,fines or judgments of any kind, including costs, attorneys', witnesses' and expert witnesses' fees, and expenses incident thereto (all of the foregoing, collectively "Claims") imposed upon or asserted against City Personnel by a third party relating to, arising out of or resulting from,in whole or in part. (i) services or materials provided under this Agreement by Contractor or its officers', agents', or employees' (collectively, including Contractor, "Contractor Personnel"); (ii) negligent acts, errors, mistakes or omissions of Contractor Personnel; or(iid)failure of Contractor Personnel to comply with or fulfill the obligations established by this Agreement. Contractor"s indemnification, duty to defend and hold harmless City Personnel in this Subsection (a) will apply to all Claims against City Personnel except Claims arising solely from the negligence or intentional acts of City Personnel. b. The City assumes no liability for the actions of Contractor Personnel and will not indemnify or hold Contractor Personnel or any third party harmless for Claims relating to, arising out of or Page 30 of 41 Roadway Electric; LLC Contract##202214 resulting from, in whole or in part, this Agreement or use of Contractor Personnel-provided services or materials. 25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement: Additionally, Contractor warrants that all services will be performed in a good, workmanlike and professional manner. The City's acceptance of services or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If the City reasonably determines any materials or services are of a substandard or unsatisfactory mariner, Contractor, at no additional charge to the City,will provide materials or redo such services until in accordance with this Agreement and to the City's reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused,of most current manufacture and not discontinued, will be free of defects in materials and workmanship,will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified,and will perform in accordance with manufacturer's published specifications. 26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City's right to recover against third parties for any loss,destruction,or damage to City property and will,at the City's request and expense,furnish to the City reasonable assistance and cooperation in obtaining recovery, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City. 27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees.(i)it is not entitled to deliver any specific amount of materials or services, or any materials or services at all, under this Agreement,and (11)the materials or services will be requested by the City on an as needed basis, at the sole discretion of the City. Any document referencing quantities or performance frequencies represents the City's best estimate of current requirements, but will not bind the City to purchase, accept,or pay for materials or services which exceed its actual needs. 28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation,reports,test plans,and survey results,graphics,and technical tables,originally prepared in the performance of this Agreement,are the property of the City and will not be used or released by Contractor or any ether person except with prior written permission by the City. 28. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City. g. PROHIBITED ACTS. Contractor acknowledges the applicability of A.R.S.§3 8-504 which prohibits a person who, within the preceding twelve (12) months,is or was a public officer or employee of the City from representing another person(including Contractor) before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment by substantial and material exercise of administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using,without appropriate authorization, any confidential information acquired by such person in the course of his or her official duties at the City: 31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed 2. RISK OF LOSS. Contractor agrees to bear all risk of loss, injury, or destruction of Contractor's goods or equipment incidental to Contractor providing the services and materials under this Agreement, and such toss, injury, or destruction will not release Contractor from any obligation hereunder. 33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage or loss to City's real or personal property when such property is the responsibility of or in the custody of Contractor or its personnel. Page 31 of 41 Roadway Electric,LLC Contract#2022146 34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided,and that the City may use same without suit,trouble,or hindrance from Contractor or third parties. 35. PROPRIETARY RIGHTS INDEMNIFICATION Without limiting the warranty in section 34, Contractor will without limitation and at its expense defend the City against alt`claims asserted by any person that anything provided by Contractor infringes a patent,copyright,trade secret,or other intellectual property right and must,without limitation, pay the costs,damages and attorneys'fees awarded against the City in any such action, or pay any settlement of such action or claim: Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. if a preliminary or final judgment is obtained against the City's use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement,Contractor will,at its expense and without limitation, either: (a)modify the item so that it becomes non-infringing, (b)procure for the City the right to continue to use the item; (c) substitute for the infringing item other items (s) having at least equivalent capability, or(d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use,which amount will be calculated on a useful life not less than five(5)years, plus any additional costs the City may incur to acquire substitute supplies or services. 36. CONTRACT ADMINISTRATION. The contract will be administered by the applicable Purchasing Officer and/or an authorized representative from the using department (collectively "Contractor Administrators"), all questions regarding the Agreement will be referred to the Contract Administrators. If authorized by the Contract Administrators,supplements or amendments may be written to the Agreement for the addition or deletion of services. Payment will be negotiated and determined by the Contract Administrators. 37. FORCE MA EURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature;acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will, within five (5) calendar days of the unforeseeable circumstance, notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps,promptly and diligently,to prevent such causes if it is feasible to do so or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided, however, under no circumstances will delay caused by a force majeure extend beyond one hundred-twenty (1 g) calendar days from the scheduled delivery or completion plate of a task unless agreed upon by the parties. 3 . COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative, tinder the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts, and government agencies in the State of Arizona with the approval of Contractor; Any such usage by other entities must be in accordance with the statutes,codes,ordinances,charter,and/or procurement rules and regulations of the respective government agency, The City currently Fields or may enter into Intergovernmental Governmental Agreements(IGA)with numerous governmental entities. These agreements allow the entities, with the approval of Contractor,to purchase their requirements under the terms and conditions of this Agreement. A contractor, subcontractor or vendor, or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A schoot district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members, and its employees are exempt from civil liability for the consequences of adoption and implementation of Page 32 of 41 Roadway Electric, LLC Contract#2022146 policies and procedures pursuant to this subsection unless the school district, its governing board members,its school council members,or its employees are guilty of gross negligence or intentional misconduct. Additionally,Contractor will comply with the governing body's fingerprinting policy of each individual school district and public entity. Contractor;subcontractors,vendors,and their employees will not provide services on school district properties until authorized by the school district. Orders placed by other agencies and payment thereof will be the stile responsibility of that agency, The City is not responsible for any disputes arising out transactions made by others. 39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City' Purchasing Division. 40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be seat via personally delivery,certified or registered mail with postage prepaid,overnight courier,or facsimile. if provided by personal delivery,the receipt will be deemed effective upon delivery, if sent via certified or registered mail,the receipt will be deemed effective three(3)calendar days after being deposited in the United States mail: If sent via overnight courier,or facsimile,the receipt will be deemed effective two(2)calendar days after the sending thereof. 41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona. The exclusive forum selected for any proceeding or suit,in law or equity,arising from or incident to this Agreement will be Maricopa County,Arizona. 42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. 3. PROVISiONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated herein: 44. SEVERABILITY. If any prevision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement,which will otherwise remain in full force and effect. The parties will negotiate diligently in goad faith for such amendment(s)of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. 45. SURVIVING PROVISIONS. Notwithstanding any completion, termination,or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof,set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement,will survive and remain in full force and effect. Except as specifically provided in this Agreement,completion,termination,or other expiration of this Agreement will not release any party from any liability or obligation arising before the date of termination: 46. A.R.S. SECTIONS 1-501 and -502. Pursuant to A.R.S §§ 1-501 and 1-502, any person who applies to the City for a local public benefit(the definition of which includes a grant; contract, or loan) must demonstrate his or her lawful presence in the United States. As this Agreement is deemed a local public benefit,if Contractor is an individual(natural)person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes if applicable. 47. AUTHORITY. Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement and that the person signing on behalf of each is property authorized and empowered to enter into the Agreement. Each party further acknowledges that it has read this Agreement, understands it,and agrees to be bound by it. 48 UNIFORM ADMINISTRATIVE REQUIREMENTS.By entering into this Agreement,the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter 11, PART 200--- Page 33 of 41 Roadway Electric, LLC Contract#2022145 UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R.§200 et seq. . PCI DSS COMPLIANCE. In the event any Contractor engages in payment card transactions as a part of the services provided to the City,Contractor shall comply with the Payment Card Industry Data Security Standards("P I D ")and any amendments or restatements of the ICI DSS during the Terra of this Agreement.Contractor accepts responsibility for the security of the City's and/or any customer's credit card data in its possession,even if all or a portion of the services to the City are subcontracted to third parties; Page 34 of 41 Roadway Electric, LLC Contract##202214 EXHIBIT ADJUSTABLE CAMERA MOUNT (SAND CLAMP} DRAWING I ) 2022146 Exhibit D.pd1 Page 35 of 41 Roadway Electric, LLC Contract##20221 lei EXHIBIT E ATC TRAFFIC SIGNAL CABINET FOUNDATION 2022146 Exhibit E=pdf Page 36 of 41 Roadway Electric,LL Contract##222146 EXHIBIT F PEDESTRIAN SPOTTER ASSISTANCE GUIDELINES I ) 202214 Exhibit F.pdf Page 37 of 41 Roadway Electric,LLC Contract#202214 EXHIBIT F CONTRACTOR'S RESPONSE PROGRAM DESCRIPTION AND METHOD OF APPROACH:The following pages are the Contractor's response to the program description and method of approach. Page 38 of 41 Roadway Electric, LLC Contract#202214 m PROGRAM DESCRIPTION & METHOD OF APPROACH 2. Plan to Accomplish Work and submitted to the City of Mesa and updated as Services needed.Microsoft Project will allow us to track Once a job has been identified,our team will set critical items,ensuring the project is completed in up a day and time to walk through the job with the a timely manner.The results are an effective and City.This first step is very important,because it will realistic schedule.The staff meets on a daily basis give the City and our team a clear understanding to discuss pertinent project issues elaborating of what is required and allows both sides to discuss on procedures to ensure the schedule stays on any alternatives that could reduce casts and/or track:Our schedule is updated on a weekly basis, save contract time.Should it be necessary,our discussed at management meetings,revised,and team would then prepare a design and submit it utilized in the field.Subcontractors and suppliers to the City for approval.Once the work is defined also participate in the scheduling effort,creating a and agreed upon,if the work falls outside of the team vision for a successful project. established bidding schedule,Steve McCray(Lead MANAGING CONSTRUCTION Estimator)would prepare an itemized cost analysis Roadway Electric believes successful construction for the City"s approval.once approved,a work order management t requires careful planning of the is issued and a submittal package is submitted for work in advance.In following this philosophy,we the City`s approval.We would then procure all the are able to identify potential issues and develop necessary materials and proceed with the work, adhering to the City's inspection schedule and strategies to resolve there.We will analyze specific procedures to final acceptance. work activities to determine the appropriate methodology,labor,equipment and materials PLANNING required to accomplish the task.In addition,our Project Manager Loren Hale will be the primary team will utilize an in-house tracking system for contact for the City.Once a project is assigned, correspondence,RFI's,submittals,materials and all he will collaborate with the City to determine the action items. special needs and timeline of the job.Jerry will Our project then schedule a pre-planning meeting to relay the , management information discussed and formulate an action plan ri approach is tried with the staff, During the pre-planning meeting, and true.Roadway our staff will assess the work to be accomplished Electric completed andprovide feedback to Jerry,ensuring the proper the Yuma load tradesman and equipment are utilized to assure the Design-Build C�esi n-Etufld for most oast effective and cast efficient approach. the City of buckeye, where we assisted In addition to our vast resources of skilled with the design and tradesmen,Roadway Electric is signatory with t the Ideal unions,affording us the ability to readily built five complete trombone-style acquire job specific tradesman needed to complete the tasks at hand. traffic signals. We also installed SCHEDULING approximately Roadway Electric assisted In creating the overall project schedule,Roadway 13,000 linear feet with the design and builtfive Electric will utilize Microsoft Project scheduling of interconnect, complete trombone-style trafifie software.The initial project schedule will be miscellaneous signals for umRoad Design- signing,street Build for the City of Buckeye. JLROADWAY Page 29 of 41 Roadway Electric,LLC L LM! 1 !a, zua: Contract#2022146 ut{t� §lly.,tY,t�l{ ?#:;.' �?{?,Zht U}41 't{4tl(ita t¢S{S 4}{}: F{4 F �} (4 af2t4 r?t ,.:, f ➢ii it 7fi F:. } t a,,: Gs s s 4 .t iY t 4t{ r { ..:}}g at•S,::. tf a ._.�,��$`��( �,,. rrt7#1 t�fi�,j,{„a "Jtiri�Pr'r3'l(t��t�`�.�`'t�h'�',Yn'�(f},Yb�i;�.16)ttos$j4,123.54f1`N�111a4y�k.2�ia+�{�H'r�t��t6$srY,$Y.Y`¢z'kr{Y�lrtk{U,212tu,.4i�t}}li.'Fr^ri}}s�.f3tfl{Sit{�ty;,{�tts�:?,f,3rifi4��sP: ttj�f}$fizt4�k;s1A,3;i}It§r}k,#i�t}dw rSl��rmY�UdtSfS��.ifY{I1,4},rt7tt��3}i,Y7 w }• •,. # • - ► ♦ sue • # • • f • • : F { F u P1 yY meSc -az CONTRACT AMENDMENT ° Contract Title,Traffic Signal Maintenance Contract Number. 2022146 MA/PO Number: 2*24 Amendment Number: 1 Description of Change: Correct the contract term. Contract shall now read. 1. Term,This Agreement is fora term beginning on May 1, 2022 and ending on April 30,242-6 2023. The use of the ward "Terra"in the Agreement Includes the aforementioned period as well a any applicable extensions or renewals in accordance with this Section 1: 1.1 Renewals.Can the mutual written agreement of the Parties, the Terra may be renewed up to a maximum of four( ) years: Any renewal(s)will be a continuation of the same terms and conditions as In effect immediately before the expiration of the then-current terra. Current contract amount. . ..................................................................:a .,........ $1, i 3,00 .0 Change Amount: Increase- Decrease Z No Change Effective ©ate of Change: May 12, 2022 Acceptance: Can behalf of the undersigned Contractor, 1 have given careful consideration to this Contract Amendment and hereby agree to the change(s)and except that as amended herein,all provisions of the Contract remain in full farce and effect. l Roadway Electric l_C; City of Mesa: ure Signature Printed lame City Manager Designee �IAA Efate Date Reviewed by; 5/1212022 Brandy Wndersen, MPA, NICP-CPP, CPPO, CPPB Procurement Supervisor Rev.July2017 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 22-392 Sponsor:Jennifer Pena Agenda Date:7/5/2022 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, July 18, and Executive Session at 6:00 P.M.for Tuesday, July 19, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 6/29/2022 CITY COUNCIL MEETING ROLL CALL Date: � )�4 C�o Work Study Regular Special S: E: S: E: S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON 1 -- VICE MAYOR RIZZI COUNCILMEMBER EVANS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON t/ COUNCILMEMBER NESSER [/ COUNCILMEMBER SCHROEDER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Jennifer Pena City Attorney I Joel Stern V/ Assist to City Manager Anna McCray Public Information Officer Al Bravo Public Safety Director Michael Pooley Dev Services Director Rudy Esquivias PW Director Michael Wever v Parks& Rec Director Liz Langenbach ED Director Janine Solley Library Director Pam Harrison Finance Director Leslie DeReche HR Director Liz Riley Water District Director Mike Loggins Municipal Judge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Building&Safety Mngr Adrian Alegria Senior Planner Sidney Urias Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid llxz Sow eC(( -7Vocaj- h 5:\I erriplatew& Forms\Roll Cali n-City Council-Anendance.clocx s (vv �A_e jv_ City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall A �... ,: Agenda 300 E.Superstition Blvd k1Z0tyyt+ Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,July 5,2022 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. 22-388 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 22-389 J Consideration of approval of minutes of the regular meeting of June 21, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.06.21 MINUTES 3. 22-349 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2021-2022 Fiscal Year. Sponsors: Pamela Harrison Attachments: Library Board of Trustees Annual Report 2021-2022 City of Apache Junction,Arizona Page 1 Printed on 612912022 City Council Meeting Agenda July 5,2022 4. 22-361 Discussion and consideration for approval of Fiscal Year 2022-2023 Health and Human Services funding contracts between the City of Apache Junction and the Superstition Community Food Bank in the amount of$30,000, the Boys and Girls Club of the Valley in the amount of$11,580, the Genesis Project in the amount of$22,800, A New Leaf in the amount of$5,760, Apache Junction Community Development Corporation in the amount of$6,260 and the Salvation Army in the amount of$3,600. Sponsors: Jennifer Pena Attachments: A New Leaf AJ CDC Boys and Girls Club Food Bank Genesis 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. 5. 22-396 Presentation of proclamation declaring the month of July, "Parks and Recreation Month." Sponsors: Liz Langenbach Attachments: Parks and Recreation Proclamation 2022 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. 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. 6. 22-391 City Manager's Report. Sponsors: Bryant Powell 7. 22-390 Announcement of current events. Sponsors: Al Bravo H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. City of Apache Junction,Arizona Page 2 Printed on 6/29/2022 City Council Meeting Agenda July 5,2022 8. 22-367 Presentation, discussion and public hearing on Resolution 22-02, declaring as a public record that certain document filed with the city clerk entitled"2022 Apache Junction City Code,Vol. II, Land Development Code, Chapter 7: Development Fees." Sponsors: Kelsey Schattnik Attachments: Resolution 22-02 Ch 7 Land Development Code 9. 22-369 / Presentation, discussion and public hearing on Ordinance No. 1521, tv/ amending the Apache Junction City Code,Vol. II, Land Development Code, by repealing Chapter 7: Development Fees in its entirety; and adopting by reference a new Chapter 7: Development Fees; establishing an effective date and revolving sixty month review period; repealing any conflicting provisions; and providing for severability. Sponsors: Kelsey Schattnik Attachments: Ordinance 1521 Ch 7 Land Development Code FINAL AJ LUA IIP&Fees 08.16.22 Vol II Chap 7 Development Fees(with edits) Vol II Chap 7 Development Fees(clean) 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. 10. 22-386 Presentation and discussion on the Public Works' Fiscal Year ` 2022-2023 Capital Improvement and Street Maintenance Plan. Sponsors: Shane Kiesow Attachments: City Council Memo-FY23 CIP&Str Maint Plan FY23 Street CIP&Maint Plan 11. 22-387 / Presentation and discussion of agreement with Roadway Electric, LLC for traffic signal repair services through the City of Mesa Cooperative Contract#2022146, for one (1)year in an amount not to exceed $400,000.00 with an option to renew annually and not to exceed five(5) years. Sponsors: Shane Kiesow Attachments: City Council Memo-Roadway Elec M&S Agreement IRS July202 Roadway M&S Agreement 2022 Agreement Exhibit A City of Apache Junction,Arizona Page 3 Printed on 6/29/2022 City Council Meeting Agenda July 5,2022 K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 22-392 Executive Session at 6:00 P.M. for Monday, July 18, and Executive Session at 6:00 P.M.for Tuesday, July 19, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction,Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena 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 4 Printed on 612912022 City Council VOTE - ROLL CALL ITEM # MEETING OF MOTION BY: 91'ans SECONDED BY: NOTES:_ S R 9 �%9 � 3 61 dds eC 4,gj�&Vic• YES NO ABSTAINED CITY COUNCIL COUNCILMEMBER SCHROEDER VICE MAYOR RIZZI COUNCILMEMBER NESSER 1I COUNCILMEMBER EVANS l/ COUNCILMEMBER HECK ✓ COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council Q Ap pCH�vG CITY OF APACHE JUNCTION COUNCIL MEETING AGENDA gR1Z0 Tuesday, July 05, 2022 A. CALL TO ORDER �w°du'ld liike to°Ill the Cit` of'A• ach°e Jurirction Council `Meet lnr t`o order. B. INVOCATION AND PLEDGE OF ALLEGIANCE jh b6ffiwkillffijbjk b�°`Vice Mayor Rizzin�d`t-he �`Ired 'e b 1` Councilme`rrube;, C. ROLL CALL �<oil l 'C°a�lil D. CONSENT AGENDA s}o uue have a mot•ion on tfie`consent aT.end�a: wait for the motion and the 2nd 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of June 21, 2022. 3. Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for 2021-2022 fiscal year. 4. Consideration for approval of Fiscal Year 2022-2023 Health and Human Services funding contracts between the City of Apache Junction and the Superstition Community Food Bank in the amount of $30,000, the Boys and Girls Club of the Valley in the amount of$11,580, the Genesis Project'in the amount of$22,800, A New Leaf in the amount of $5,760, Apache Junction Community Development Corporation in the amount of$6,260 and the Salvation Army in the amount of$3,600. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 5. Presentation of proclamation declaring the month of July, Parks and Recreation Month. Present to�Lizlan''' ach F. REGIONAL INTERGOVERNMENTAL UPDATES Do we have an announcements of current events G. CITY MANAGER'S REPORT 6. City` Manager's Report. ` Callon Bryant 7. Announcement of current events Call on_'AIBravo,; H. PUBLIC HEARINGS Ftems 8 & 9 are related to the same subject matter; after hearing Staff' presentation, 1 wiIi combine the Public Hearin s: READ THE TEXT FOR ITEM 8 AND 9 THEN •: Call on Kelsey_: 8. Presentation, discussion and public hearing on Resolution 22-02 related to Volume 2 The Land Development Code Chapter 7 Development Fees. 9. Presentation, discussion and public hearing on Ordinance No.1521 ,amending the Apache Junction City Code, Vol. II, Land Development Code Are there any comments from council? will now Open_the Pubbli`c Hearin. ,,_there is a 3 im inute timoe lim Please state your name and address for the record. Close the public hearing. NO MOTIONS. I. OLD BUSINESS - We have no Old, Business ton ht. J. NEW BUSINESS 10. Presentation and discussion on the Public Works' Fiscal Year 2022-2023 Capital Improvement and Street Maintenance Plan. 11. Presentation, and discussion regarding an agreement with Roadway Electric, LLC for traffic signal repair services. K. COUNCIL DIRECTION TO STAFF - We have no items this evenin L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES o we have a motion on up,coming council dates wait for motion & the 2nd 'oll Call 12. Executive Session at 6:00 P.M. for Monday, July 18, and Executive Session at 6:00 P.M. for Tuesday, July 19, in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. M. CALL TO PUBLIC his is,the time for the public to express requests, communications, comment nd suggestions. Each speaker must have already filled out a request to s ea orm and handed it to the city clerk before:the end of the city manager's re ort II issues shall be presented in a professional manner without personal ttacks. Under the open meetin.g law the council cannot engage in discus ion n the issues presented but may res .ond to criticism and may direct staff t ollow -up with the speaker directl and/or __lace this matter on a future agenda or council discussion. is a e_thre =`minute limit for each speaker.;There have speakers. When I call your name, please come up to the podium. Public can speak ,Council: Anyone case to respond (on y to criticism,) or (council may direct staff) N. ADJOURNMENT )Vleeting Ad'ourned. July 05, 2022 Council Meeting CONSENT AGENDA ITEMS NOS. 1-4 I MOVE THAT THE CONSENT AGENDA BE APPROVED AND ACCEPTED AS PRESENTED. ITEM NO. 12 1 MOVE THAT AN EXECUTIVE SESSION AT 6:00 P.M. FOR MONDAY, JULY 18TH AND TUESDAY, JULY 19, 2022, BE HELD IN THE CITY COUNCIL CONFERENCE ROOM LOCATED AT 300 E. SUPERSTITION BOULEVARD, APACHE JUNCTION, ARIZONA, AND OTHER MEETINGS BE SCHEDULED IF NECESSARY.