In the minutes: Avondale City Council Meeting, Flock Safety (Nov 2)

City of Avondale
City Council Meeting
Monday, November 2, 2026

Mayor and Council
Mike Pineda, Mayor
Curtis Nielson, Vice Mayor
Tina Conde, Councilmember
Gloria Solorio, Councilmember

Jeannette Garcia, Councilmember
Shari Weise, Councilmember

Max White, Councilmember

Administration
Ron Corbin, City Manager
Jennifer Stein, Asst. City Manager
Renee Weatherless, Asst. City Manager

Andy Mesquita, Asst. City Manager
Nicholle Harris, City Attorney

Marcella Sarmiento, City Clerk

City Council Chamber
11465 West Civic Center Drive
Avondale, AZ 85323

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Please note, the livestream will not be monitored by staff; therefore, anyone wishing to
address the City Council shall appear in person to speak.
Helpful • Kind • Professional

City Council Meeting
Notice & Agenda
Monday, November 2, 2026
CITY COUNCIL CHAMBER | 11465 WEST CIVIC CENTER DRIVE | AVONDALE AZ, 85323

Request to Speak: Anyone wishing to address the Council regarding items listed on the agenda or under "Unscheduled
Public Appearance" should submit an Online Request to Speak form (http://www.avondaleaz.gov/requesttospeak) at least
one hour prior to the start of the meeting. Paper Request to Speak cards are also available at the meeting and should be
submitted to staff prior to the start of the meeting.

REGULAR MEETING
5:30 PM
Physical Access to the Council Chambers will be available 30 minutes prior to the meeting.

CALL TO ORDER BY MAYOR
PLEDGE OF ALLEGIANCE & MOMENT OF REFLECTION
1. ROLL CALL BY THE CITY CLERK
2. PRESENTATION ITEMS
a. EMPLOYEE ANNOUNCEMENTS
The following employees will be introduced to City Council. This item is for discussion only.
Engineering Department
• Javier Machuca Jr., Traffic Signal Technician*

Information Technology Department
• Christine Gracia, Sr. Management Analyst *

Police Department
• Michelle DeBey, Administrative Assistant
• Riley Harden, Records Clerk
• Kori Bucannon, Community Service Officer
• Madeline De La Hoya, Comm. Srv. Officer
• Vincent Smith, Communications Dispatcher
• Andre Holt, Detention Officer
• Dayman Carr, Police Officer
• Cannon Carriveau, Police Officer
• De’Sean Corbin, Police Officer
• Ryan Lopez, Police Officer
• Camryn Ward, Police Officer
• Leah McCarthy, Police Sergeant *
• Antonio Mendoza, Police Sergeant *

Parks, Recreation, & Libraries Dept.
• Travis King, Aquatic Maint. Coordinator
• Arianna Torres, Recreation Programmer
• Gina Gerard, Librarian III *
• Dewayne Betts, Parks Maintenance Worker
Public Works Department
• Joshua Hicks, Solid Waste Equipment Operator
• Kyle Warapius, Water Distribution Technician
• Derek Baker, Environmental Coordinator
* Indicates a recent promotion

b. GOODYEAR FARMS CEMETERY – NATIONAL REGISTRY OF HISTORIC PLACES
RECOGNITION
City Council will receive an update from staff regarding Goodyear Farms Cemetery as it is now
recognized through the National Registry of Historic Places. This item is for discussion only.
Monday, November 2, 2026 - Page 2 of 4

3. UNSCHEDULED PUBLIC APPEARANCES (Time is limited per person. Please state your name.)
4. CONSENT AGENDA
Items on the consent agenda are of a routine nature or have been previously studied by the City Council at
a work session. They are intended to be acted upon in one motion. Council members may pull items from
consent if they would like them considered separately.
a. MINUTES
City Council will consider a request to approve the October 5, 2026, City Council meeting minutes.
The Council will take appropriate action.
b. AGREEMENT TO CONTINUE CONTRACT FOR SERVICES — AREA AGENCY ON AGING
(CONTRACT # 2026-07-AVO EXT 3.0)
City Council will consider a request to: a) approve an Agreement that will extend the terms of the FY26
contract with the Area Agency on Aging (AAA), extending services from 10/01/2026 through
12/31/2026 and add $103,978 in funding for Senior Services programming and operations; b)
authorize a transfer of expenditure appropriations from the grant contingency account to provide the
expenditure authority for these funds; and c) authorize the Mayor or City Manager, City Attorney and
City Clerk to execute the necessary documents. The Council will take appropriate action.
c. RESOLUTION 1070-1126 - INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
GLENDALE FOR LANDFILL SERVICES
City Council will consider a request to adopt Resolution 1070-1126, approving an Intergovernmental
Agreement with the City of Glendale relating to landfill disposal services and authorize the Mayor or
City Manager, City Attorney and City Clerk to execute the necessary documents. The Council will take
appropriate action.
d. RESOLUTION 1071-1126 - INTERGOVERNMENTAL AGREEMENT FOR WASTE COLLECTION
AND TRANSPORTATION MUTUAL AID WITH PARTICIPATING MUNICIPAL PARTNERS
City Council will consider a request to adopt Resolution 1071-1126, approving an Intergovernmental
Agreement (IGA) for Waste Collection and Transportation Mutual Aid with participating municipalities
and authorize the Mayor or City Manager, City Attorney and City Clerk to execute the necessary
documents. The Council will take appropriate action.
e. RESOLUTION 1072-1126 - AUTHORIZING EXECUTION OF THE ARIZONA MUTUAL AID
COMPACT
City Council will consider a request to: a) adopt Resolution 1072-1126, authorizing the City of
Avondale to execute and participate in the Arizona Mutual Aid Compact administered by the Arizona
Department of Emergency and Military Affairs, a statewide inter-governmental agreement for
reciprocal provision of emergency response resources (fire, police, medical, environmental,
communication, transportation) with a term of ten years through December 31, 2033; b) authorize and
direct staff to take all steps necessary to cause the execution of documents related to the compact and
to take all steps necessary to carry out the purpose and intent of this Resolution; and c) authorize the
Mayor or City Manager, City Attorney and City Clerk to execute the necessary documents. The
Council will take appropriate action.
f.

RESOLUTION 1073-1126 - AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY HUMAN SERVICES DEPARTMENT AND NEWTOWN
COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF AVONDALE FOR U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FUNDS
City Council will consider a request to adopt Resolution 1073-1126, amending the Intergovernmental
Agreement ("Agreement") between Newtown Community Development Corporation ("Newtown”),
Maricopa County Human Services Department, and the City of Avondale and authorize the Mayor or
City Manager, City Attorney and City Clerk to execute the necessary documents. The amendment will
extend the term of the Agreement from December 31, 2026, through December 31, 2027, amend the
match dollar amount to meet federal requirements, and non-substantive administrative changes. The
Council will take appropriate action.
Monday, November 2, 2026 - Page 3 of 4

g. ORDINANCE 2043-1126 – ACQUISITION OF A NON-EXCLUSIVE SANITARY SEWER EASEMENT
FROM THE FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
City Council will consider a request to adopt Ordinance 2043-1126, authorizing the acquisition of a
non-exclusive sanitary sewer easement from the Flood Control District of Maricopa County for public
use located north of Lower Buckeye Road and east of 4th Street and authorize the Mayor or City
Manager, City Attorney and City Clerk to execute the necessary documents. The Council will take
appropriate action.
h. ORDINANCE 2044-1126 – ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT
FROM SMITH’S FOOD AND DRUG CENTERS, INC., LOCATED ALONG MCDOWELL ROAD AND
DYSART ROAD
City Council will consider a request to adopt Ordinance 2044-1026, authorizing the acquisition of a
temporary construction easement from Smith’s Food and Drug Centers, Inc., for public use, located
along the south side of McDowell Road and the east side of Dysart Road and authorize the Mayor or
City Manager, City Attorney and City Clerk to execute the necessary documents. The Council will take
appropriate action.
i.

ORDINANCE 2045-1126 - ACQUISITION OF REAL PROPERTY AND ACCEPTANCE OF A
TEMPORARY CONSTRUCTION EASEMENT FROM JANICE L. ECKENRODE
City Council will consider a request to adopt Ordinance 2045-1126, authorizing the acquisition of real
property and acceptance of a temporary construction easement from Janice L. Eckenrode, for public
use, located at the southeast corner of Dysart Road and McDowell Road and authorize the Mayor or
City Manager, City Attorney and City Clerk to execute the necessary documents. The Council will take
appropriate action.

5. SUMMARY OF CURRENT EVENTS FROM MAYOR, VICE MAYOR, AND COUNCILMEMBERS
(5 minutes)
6. ADJOURNMENT
Councilmembers of the City of Avondale will attend either in person or by telephone or video conference call. Individuals with special accessibility needs,
including sight or hearing impaired, large print, or interpreter, should contact the City Clerk at 623-333-1000 or TDD 623-333-0010 at least two business
days prior to the Council Meeting.
Los miembros del Concejo de la Ciudad de Avondale participaran ya sea en persona o por medio de llamada telefonica o por vídeo. Personas con
necesidades especiales de accesibilidad, incluyendo personas con impedimentos de vista u oido, o con necesidad de impresion grande o interprete,
deben comunicarse con la Secretaria de la Ciudad at 623-333-1000 o TDD 623-333-0010 cuando menos dos dias habiles antes de la junta del Concejo.

Monday, November 2, 2026 - Page 4 of 4

CITY COUNCIL REPORT
ITEM NUMBER:

2.b.

SUBJECT:

Goodyear Farms Cemetery – National Registry of Historic Places Recognition

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Corey Larriva, Parks, Recreation & Libraries Director

THROUGH:

Andy Mesquita, Assistant City Manager, (623) 333-1015

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Connected & Engaged
Community
Avondale informs, prepares, and engages our community to ensure residents are connected to resources, the
region, and each other.

PURPOSE:
City Council will receive an update from staff regarding Goodyear Farms Cemetery as it is now recognized
through the National Registry of Historic Places. This item is for discussion only.
BACKGROUND:
On October 7, 2026, the City of Avondale was notified that the Goodyear Farms Historic Cemetery will be
added to the National Register of Historic Places, becoming the second location in Avondale to receive this
prestigious designation. Monument Hill was the first, earning its place on the National Register in 2002.
The National Register of Historic Places is administered by the National Park Service (NPS), an agency of the
U.S. Department of the Interior, and serves as the nation's official list of historic properties worthy of
preservation. Inclusion requires a formal nomination and review process evaluating a property's historical
significance, integrity, and contributions to local, state, or national history.
In April 2026, the P.W. Litchfield Heritage Center, with assistance from City of Avondale staff, submitted a
nomination to add the Goodyear Farms Historic Cemetery to the Arizona Register of Historic Places. On July
10, 2026, the Arizona State Historic Preservation Office formally accepted the nomination for the state register
and advanced the cemetery for consideration at the national level. This collaborative effort reflects a shared
commitment to recognizing and preserving the region's unique history and cultural heritage.
This recognition is particularly meaningful as the Goodyear Farms Historic Cemetery remains an active and
culturally significant landmark in Avondale. The cemetery continues to provide burial services for eligible
Goodyear Farms workers and their family members while also serving as the site of the annual Día de los
Muertos celebration, bringing the community together to honor loved ones and celebrate cultural traditions.

DISCUSSION:
On October 7, 2026, the City of Avondale was notified that the Goodyear Farms Historic Cemetery will be
added to the National Register of Historic Places, becoming the second location in Avondale to receive this
prestigious designation. Monument Hill was the first, earning its place on the National Register in 2002.
This national recognition represents an important milestone for Avondale, honoring the cemetery's historical
significance while reinforcing the City's commitment to preserving the places, stories, and traditions that have
shaped our community for generations.
BUDGET IMPACT:
This item does not have a budget impact.
RECOMMENDATION:
This item is for discussion only.
Contact person for document distribution: n/a

CITY COUNCIL REPORT
ITEM NUMBER:

4.a.

SUBJECT:

Minutes

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Marcella Sarmiento, City Clerk

THROUGH:

Jennifer Stein, Assistant City Manager, (623) 333-1014

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Connected & Engaged
Community
Avondale informs, prepares, and engages our community to ensure residents are connected to resources, the
region, and each other.

PURPOSE:
City Council will consider a request to approve the October 5, 2026, City Council meeting minutes. The Council
will take appropriate action.
BACKGROUND:
Pursuant to Arizona Revised Statute § 38-431.01(B), the City must provide written minutes of all City Council
meetings.
DISCUSSION:
City Council held a meeting and the attached minutes have been prepared for approval.
BUDGET IMPACT:
This item has no budget impact.
RECOMMENDATION:
Staff recommends City Council approve the attached City Council meeting minutes.
Contact person for document distribution: Chris Pierson

MINUTES OF THE AVONDALE CITY COUNCIL
CITY OF AVONDALE, ARIZONA
CITY COUNCIL CHAMBER
October 05, 2026
A Regular Meeting of the City Council of the City of Avondale, Arizona was convened at
11465 West Civic Center Drive in open and public session at 5:30 p.m.
Mayor Mike Pineda led the Pledge of Allegiance, followed by a moment of silent reflection.
Members Present: Mayor Mike Pineda; Vice Mayor Curtis Nielson; Councilmembers
Tina Conde, Jeannette Garcia, Shari Weise, and Max White*.
*Councilmember White attended the meeting virtually.
Members Absent (Excused): Councilmember Gloria Solorio
Other Municipal Officials Present: Ron Corbin, City Manager; Jennifer Stein, Assistant
City Manager; Andrew Mesquita, Assistant City Manager; Renee Weatherless, Assistant
City Manager; Nicholle Harris, City Attorney; Marcella Sarmiento, City Clerk; Liz Barker
Alvarez, Intergovernmental Affairs Administrator; Kirk Beaty, Public Works Director;
Memo Espinoza, Police Chief; Fina Johnson, Finance and Budget Director; Corey Larriva,
Parks and Recreation Director; Chris Lopez, Neighborhood and Family Services Director;
Ted Flores, Human Resources Director; Kimberly Moon, Engineering Director; Jodie
Novak, Development Services Director; John Reddy, Facilities Deputy Director; Jeffrey
Scheetz, Chief Information Officer; Pier Simeri, Marketing and Public Relations Director;
and Dave Wagner, Assistant Fire Chief.
Audience: Approximately 40 members of the public were present.
1. ROLL CALL BY THE CITY CLERK
2. PRESENTATION ITEMS (DISCUSSION ONLY)
a. 2026 GENERAL ELECTION INFORMATION
City Council received an update from staff regarding the 2026 General Election to
be held on November 3, 2026. This item was for discussion only.
b. EXCEPTIONAL STUDENT OF AVONDALE RECOGNITION (AVI STAR
STUDENT)
City Council recognized Avondale students from schools located in Avondale for
their character and achievement. This item was for discussion only.
c. PROCLAMATION - BREAST CANCER AWARENESS MONTH
City Council presented a Proclamation recognizing October as Breast Cancer
Awareness Month. Liz Barker Alvarez, Intergovernmental Affairs Administrator,
read the proclamation on behalf of City Council. This item was for discussion only.

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 2 of 8
d. PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH
City Council presented a Proclamation recognizing the month of October 2026
as Domestic Violence Awareness Month. This item was for discussion only.
3. UNSCHEDULED PUBLIC APPEARANCES
Zakaria Shahzada, Avondale resident, expressed opposition to Flock Safety cameras and
automated license plate reader technology.
Devin Varlack submitted a request to speak regarding “flock (license plate reader)” but
was not present at the time called.
Kent Akbay submitted a request to speak regarding “Introduction of CityParkOn and a
proposed no-cost pilot of QUp and SpaceEZ to improve park access, facility reservations,
and digital queue management for recreational amenities” but was not present when
called to the podium.
Additional public comments are included on page 7.
4. CONSENT AGENDA
Items on the consent agenda are of a routine nature or have been previously studied by
the City Council at a work session. They are intended to be acted upon in one motion.
Councilmembers may pull items from consent if they would like them considered
separately.
Mayor Pineda asked if any Councilmember wished to have an item removed from the
Consent Agenda. Having no requests from Council, motion was made by Councilmember
Conde, seconded by Vice Mayor Nielson, to approve the Consent Agenda.
Upon vote, the motion was carried unanimously 5 to 0.
Councilmember Conde
Councilmember Garcia
Councilmember Weise
Vice Mayor Nielson
Mayor Pineda

Aye
Aye
Aye
Aye
Aye

Councilmember White

Absent at time of vote*

*Councilmember White was absent at the time of the vote due to technological
issues. After the vote closed, she voiced her vote in the affirmative.
a. MINUTES
City Council approved September 14, 2026, City Council meeting minutes.

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 3 of 8

b. QUARTERLY BUDGET TRANSFER
City Council approved quarterly budget transfers as summarized in the attached
Exhibit A, increased the award authority for the projects and authorized Finance
and Budget Department staff to take the steps necessary to execute the transfers.
c. FISCAL YEAR 2027 CONTINGENCY AUDIT PLAN
City Council adopted the Fiscal Year 2027 Contingency Audit Plan and authorized
the Mayor or City Manager, City Attorney and City Clerk to execute the necessary
documents.
5. REGULAR AGENDA
a. RESOLUTION 1068-1026 - 2026 INTEGRATED UTILITY MASTER PLAN
ADOPTION
City Council adopted Resolution 1068-1026, authorizing the adoption of the 2026
Integrated Utility Master Plan (IUMP) and authorizing the Mayor or City Manager,
City Attorney and City Clerk to execute the necessary documents.
Eric Bay, Public Works Assistant Director, presented the proposed adoption of the
2026 Integrated Utility Master Plan (IUMP), prepared with Carillo Engineers. The
IUMP serves as a technical and capital planning roadmap for the City’s water
resources, water system, and wastewater system. It evaluates existing
infrastructure, projected demands, available capacity, system reliability, and
capital needs at five-year, 10-year, and build-out planning horizons. Staff stated
that the plan is updated approximately every six to seven years; the prior update
was completed in 2018, and the next update is anticipated in 2032.
Staff reported that the City maintains a diverse water portfolio that includes Salt
River Project water, Central Arizona Project water, reclaimed water, long-term
storage credits, and limited groundwater allowances. The plan emphasizes
maximizing renewable water resources and maintaining compliance with
applicable assured water supply and safe-yield requirements. Updated utility billing
and land-use data were used to validate future water demand projections,
including planning assumptions for single-family and multifamily residential uses.
Key water-resources recommendations include continued participation in the
Bartlett Dam project and SRP’s Roosevelt Flood Control Space temporary
deviation study; expansion of the Avondale Wetlands Area of Impact; an update to
the City’s Drought Preparedness Plan by the 2027 deadline; and consideration of
additional recharge capacity or direct treatment for future water volumes.

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 4 of 8
For the water system, the IUMP recommends prioritizing additional waterproduction wells during the five-year planning period, followed by additional
booster-station and production capacity during the 10-year period. For the
wastewater system, recommendations include undersized sewer-main
improvements in the near term and additional gravity-main upsizing as future flows
materialize. Staff noted that water reclamation facility expansion costs and timing
are being addressed separately.
Staff clarified that the IUMP does not establish utility rates or fees, replace the
City’s Drought Preparedness Plan, address routine operational and maintenance
activities, or include future PFAS treatment infrastructure. PFAS planning is being
addressed through separate technical studies, and the information is expected to
be incorporated into a future IUMP update.
Vice Mayor Nielson asked about the reported 89 percent effluent conversion rate.
Staff explained that the percentage represents the amount of influent water
converted to effluent at the water reclamation facility and is consistent with typical
wastewater treatment industry standards. Vice Mayor Nielson asked why water
associated with the Bartlett Dam project could be used in both on-project and offproject areas. Staff explained that the project originated as a sediment-mitigation
effort on the Verde River; the additional storage created by a larger replacement
dam represents new water outside the original SRP water decree, allowing
participating cities, including Avondale, to use it throughout the City.
Councilmember Weise also asked about the Roosevelt Flood Control Space
project. Staff explained that the project would not increase the total water supply
but would allow SRP to retain floodwater in Roosevelt Lake longer and deliver it
gradually to customers rather than releasing it unused down the Salt River.
Councilmember White asked about the IUMP study area and whether it included
all incorporated land within Avondale. Staff responded that the plan is limited to
the area north of the Estrella Mountains because sufficient water resources are not
currently available to support development south of the mountains. Staff stated
that any future development proposals in that area would be evaluated for
compliance with the City’s Water Resources Ordinance.
Councilmember Weise asked whether wastewater improvements along Dysart
Road could be coordinated with nearby development to minimize traffic impacts.
Staff stated that project timing would be determined following IUMP adoption and

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 5 of 8
that staff would seek to coordinate projects where feasible to avoid repeated traffic
disruptions.
Mayor and Council expressed appreciation for staff’s work and noted that the City’s
long-term water planning and assured water supply position Avondale favorably
relative to other communities. Council emphasized the importance of proactively
funding and correctly constructing water and wastewater infrastructure to support
future growth.
Vice Mayor Nielson moved to adopt Resolution 1068-1026, authorizing the
adoption of the 2026 Integrated Utility Master Plan (IUMP) and authorizing the
Mayor or City Manager, City Attorney and City Clerk to execute the necessary
documents; Councilmember Weise seconded the motion.
Upon vote, the motion was carried unanimously 6 to 0.
Councilmember Conde
Councilmember Garcia
Councilmember Weise
Councilmember White
Vice Mayor Nielson
Mayor Pineda

Aye
Aye
Aye
Aye
Aye
Aye

6. SUMMARY OF CURRENT EVENTS FROM MAYOR, VICE MAYOR, AND
COUNCILMEMBERS
Councilmember Garcia recognized several community events held during the week,
including Barks and Treats, the Hilltop Theater School, and the Fire and Medical Open
House. She thanked Parks and Recreation and City staff for organizing interactive,
family-oriented events and noted the strong community participation.
The Mayor recognized the Mercy House celebration and its mission to serve the
community. The Mayor acknowledged the organizations that support Mercy House
and expressed appreciation for their contributions to Avondale residents.
7. ADJOURNMENT
There being no further business before the Council, Councilmember Garcia moved to
adjourn the Regular Meeting; Councilmember Conde seconded the motion.
Upon vote, the motion was carried unanimously 6 to 0.
Councilmember Conde
Councilmember Garcia

Aye
Aye

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 6 of 8
Councilmember Weise
Councilmember White
Vice Mayor Nielson
Mayor Pineda

Aye
Aye
Aye
Aye

The meeting was adjourned at 6:52 p.m.
_____________________________
Mike Pineda, Mayor
CERTIFICATION AND ATTESTATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of
the Regular Meeting of the Council of the City of Avondale held on the 5th day of October
2026. I further certify that the meeting was duly called and held, and that the quorum was
present.
________________________________
Marcella Sarmiento, City Clerk

________________________________
Date Approved by City Council

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 7 of 8
PUBLIC COMMENTS RECEIVED:
• Katelynn McClain, Non-Resident
Im asking the City Council to oppose the expansion and use of Flock cameras and
automated license plate readers in our community. While public safety is important, these
systems create a broad infrastructure for tracking people’s movements without
individualized suspicion. They can collect information on ordinary residents who have
done nothing wrong, and that information can be stored, shared, or accessed in ways the
public may not fully understand. We should not normalize mass surveillance as the price
of living in our community. If the city uses technology like this, there must be strict limits,
transparency, independent oversight, short data-retention periods, and meaningful
protections against misuse. I urge the Council to prioritize targeted, evidence-based
public safety strategies that do not turn the everyday movements of innocent residents
into a searchable database. Thank you.
• Michael Hofmann, Avondale Resident
Mayor and Members of the Avondale City Council, I am asking the City Council to end
Avondale’s use of Flock Safety and oppose further expansion of automated license plate
readers (ALPRs) and other mass-surveillance technology. I want to be clear that I am not
opposed to police using technology to investigate a specific person suspected of a crime
when they have the proper legal authority. My concern is building a system that records
the movements of everyone who passes these cameras, including people who are not
suspected of doing anything wrong. There are serious constitutional questions about this
kind of surveillance. In United States v. Jones and Carpenter v. United States, the U.S.
Supreme Court recognized Fourth Amendment concerns involving technology that allows
the government to track or reconstruct a person’s movements. More recently, courts have
begun addressing these questions specifically in connection with large ALPR networks.
The courts have not all reached the same conclusion, which is why I do not think it would
be accurate to simply say that Flock has been declared unconstitutional. But the
constitutional concerns are very real. There are also plenty of reasons to be concerned
about how these systems are actually being used. The Institute for Justice maintains a
national database documenting hundreds of incidents involving ALPR systems, including
stalking, errors, non-law-enforcement use, and other misuse. IJ has separately
documented dozens of incidents involving law-enforcement personnel reportedly using
ALPR systems to stalk romantic interests. IJ has also documented innocent motorists
being stopped, held at gunpoint, arrested, and jailed because of ALPR errors or incorrect
information. These aren't just concerns about what might happen someday. We already
have examples of these systems being abused and getting things wrong. I am also
concerned about how the purpose of these systems can change after they are installed.
In Georgia, a State Patrol citation issued in December 2025 stated: “CAPTURED ON
FLOCK CAMERA 31 MM 1 HOLDING PHONE IN LEFT HAND.” According to reporting
by 404 Media, the Flock camera initially captured the motorcycle in connection with an
expired registration, but the image was also used to issue a citation for allegedly holding
a phone. That may seem like a small example, but I think it raises an important question:
If we install cameras for one purpose today, what will they be used for tomorrow? I have

Regular Meeting
City Council Meeting Minutes
October 05, 2026
Page 8 of 8
the same concern about the data itself. Flock and other surveillance vendors are private
companies. Companies can be sold, technology can change, databases can become
interconnected, and policies governing access, retention, and sharing can change. We
cannot know today every way information collected about our movements could
eventually be used. Once this surveillance infrastructure is spread throughout a city,
expanding what it can do becomes much easier. I do not believe public safety requires
creating a searchable record of where ordinary people travel. There is a difference
between using technology to investigate a crime and building a system capable of
tracking the movements of an entire community. I respectfully ask the Council to stop
further expansion of Flock and similar mass-surveillance systems, remove Avondale’s
existing Flock cameras, and require meaningful public review before Avondale purchases
or deploys surveillance technology in the future. I believe Avondale can support law
enforcement and public safety without routinely recording the movements of people who
have done nothing wrong. [sources and links not included]

CITY COUNCIL REPORT
ITEM NUMBER:

4.b.

SUBJECT:

Agreement to Continue Contract for Services — Area Agency on Aging (Contract #
2026-07-AVO Ext 3.0)

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Chris Lopez, Neighborhood and Family Services Director

THROUGH:

Renee Weatherless, Assistant City Manager, (623) 333-1017

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Community Well-Being
Avondale is a city where all people feel safe, supported, and connected to resources that promote and
enhance their well-being. The City prioritizes public safety, natural resources, healthcare, and wellness while
promoting mental, physical, and emotional health for all to enjoy an enriching quality of life.

PURPOSE:
City Council will consider a request to: a) approve an Agreement that will extend the terms of the FY26
contract with the Area Agency on Aging (AAA), extending services from 10/01/2026 through 12/31/2026 and
add $103,978 in funding for Senior Services programming and operations; b) authorize a transfer of
expenditure appropriations from the grant contingency account to provide the expenditure authority for these
funds; and c) authorize the Mayor or City Manager, City Attorney and City Clerk to execute the necessary
documents. The Council will take appropriate action.
BACKGROUND:
The City of Avondale has been contracted by the Area Agency on Aging (AAA) to provide meals and activities
for active adults and disabled individuals for more than thirty (30) years. AAA funding supplements active adult
services and programming provided to eligible residents in the Avondale, Goodyear, and Litchfield Park areas.
These services include congregate meals, home-delivered meals, multipurpose center operations and
transportation programs.
DISCUSSION:
AAA has requested an agreement which serves to maintain the FY26 Contract for Services terms from
10/01/2026 through 12/31/2026 and increase the contract amount by $103,978. AAA has requested this
extension due to delays within the State of Arizona and Area Agency on Aging's budget approval processes.
This award maintains level funding from the previous year for the specified quarter. These funds will be used to
provide vital meals and services to elderly and disabled participants of the Avondale Senior Center without any
required cost being passed down to them.

It is requested that council approve the agreement for the Senior Services Programs and Operations.
Historically, the City has demonstrated a strong commitment to Senior Services programming by providing the
funding necessary to maintain and build upon the current service levels. The amendment provides funds for
staffing, food and dining, other supplies, operations, and facility and vehicle operation and maintenance costs.
BUDGET IMPACT:
The City of Avondale will receive funds from AAA in the amount of $103,978 under the provisions of this action.
There is no budget impact as the appropriations for this grant and the City's local match are included in the
FY2027 budget.
RECOMMENDATION:
Staff recommends that the City Council: a) approve the agreement which maintains the FY26 contract terms
with Area Agency on Aging (AAA) beginning 10/01/2026 through 12/31/2026 and adds $103,978 in funding for
Senior Services programming and operations for the specified quarter; b) authorize a transfer of expenditure
appropriations from the grant contingency account to provide the expenditure authority for these funds; and d)
authorize the Mayor or City Manager, City Attorney and City Clerk to execute the necessary documents.
Contact person for document distribution: Sandy Lopez

Contract #2026-07-AVO 3.0
Contract for Services Between
Area Agency on Aging, Region One, Incorporated

AND

1366 E. Thomas Road, Suite 108
Phoenix, Arizona 85014
602-264-2255 fax: 602-230-9132

EFFECTIVE DATE OF THIS AMENDMENT:

City of Avondale
11465 W Civic Center Dr.
Avondale, AZ 85323
623-333-2705 Fax: 623-333-0270
EIN: 86-6000023

October 1, 2026

PURPOSE:
The City of Avondale (the “City”) and Area Agency on Aging, Region One (the “Area Agency”)
desire for the City to continue providing services as set out in Contract #2026-07-AVO. The City
and the Area Agency agree that the City will provide services as set out in Contract #2026-07AVO for the period of 10/1/2026 to 12/31/2026. In exchange for the City providing the services,
the Area Agency will provide the City with funding in the amounts set forth in the September 11,
2026, letter from Mary Lunn Kasunic to Ron Corbin, attached and incorporated herein. Any
subsequent execution of FY2027 services agreement between the City and the Area Agency prior
to 12/31/2026 will supersede this agreement.
EXCEPT AS PROVIDED HEREIN, ALL TERMS AND CONDITIONS OF CONTRACT #2026-07-AVO
ARE INCORPORATED HEREIN.

EXCEPT PROVIDED HEREIN, ALL TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT
AS HERETOFORE CHANGED AND/OR AMENDED REMAIN UNCHANGED AND IN FULL FORCE
AND EFFECT.

IN WITNESS WHEREOF, the parties enter into this Contract:
AREA AGENCY ON AGING,
REGION ONE, INCORPORATED

CITY OF AVONDALE

Signature and Date

Signature and Date

Mary Lynn Kasunic, President & CEO
Area Agency on Aging, Region One

Ron Corbin, City Manager

1

Area Agency on Aging, Region One FY 2026

COMMUNICATION PAGE

(not an integral page of the Amendment)

10/06/2026
EMAILED TO:
[email protected]
[email protected]

2

Area Agency on Aging, Region One FY 2026

s•

AREAAGENCYON AGING
REGION ONE, INCORPORATED
50 YEARS OF IMPACT
MARY LYNN KASUNIC
President & CEO

1366 EAST THOMAS RD
SUITE 108
PHOENIX, AZ 85014
PHONE
(602) 264-2255

September 11, 2026

TOLL-FREE
1-888-783-7500

Ron Corbin-City Manager
City of Avondale
11465 W Civic Center Drive
Avondale, AZ 85323

24-HR Senior HELP LINE
(602) 264-4357
1-888-264-2258

FAX

RE: Contract #2026-07-AVO

(602) 230-9132

Dear Mr. Corbin:

WEBSITE
www.aaaphx.org

Below are your award amounts that coincide with the recent Amendment 3
to extend Amendment 2 FY2026 contract term from 9/30/2026 to 12/31/2026.
We appreciate your patience as we continue to work toward finalizing
FY2027 funding allocations. The amount listed below is in addition to the
Amendment 2 aggregate funding of $103,978
Service

FY2026 EXT Award

Home Delivered Meals
Congregate Meals
Transportation

$47,368
$39,036
$17,574

We recognize the critical role your organization plays in serving older adults
and appreciate your continued partnership and commitment as we navigate
these funding challenges together.
Please amend and submit your six (6) month operating
budget to reflect this new amount of $207,956 as soon
as possible.

EMAIL
[email protected]

COUNCIL ON
ACCREDITATION

'II~"
Accr~cd

Area Agency on Aging

Benefits Assistance
Care Directions®
DOVES®
ElderVention®
Family Caregiver Support
Mosaic® Elder Refugee

President & CEO

Ombudsman

Senior HELP LINE

Answers in Aging

CITY COUNCIL REPORT
ITEM NUMBER:

4.c.

SUBJECT:

Resolution 1070-1126 - Intergovernmental Agreement with the City of Glendale for
Landfill Services

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Kirk L. Beaty, Public Works Director

THROUGH:

Andy Mesquita, Assistant City Manager, (623) 333-1015

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Community Well-Being
Avondale is a city where all people feel safe, supported, and connected to resources that promote and
enhance their well-being. The City prioritizes public safety, natural resources, healthcare, and wellness while
promoting mental, physical, and emotional health for all to enjoy an enriching quality of life.

PURPOSE:
City Council will consider a request to adopt Resolution 1070-1126, approving an Intergovernmental
Agreement with the City of Glendale relating to landfill disposal services and authorize the Mayor or City
Manager, City Attorney and City Clerk to execute the necessary documents. The Council will take appropriate
action.
BACKGROUND:
The City of Avondale currently utilizes the City of Glendale landfill to dispose of refuse. The Glendale landfill is
located on Glendale Avenue, approximately three miles north of the City of Avondale boundary. This proximity
is advantageous for the City, keeping fuel costs low and allowing for quick turnaround for trucks operating on
the solid waste routes.
City Council adopted resolution 1057-0624 on June 17, 2024, entering into an Intergovernmental Agreement
with the City of Glendale for landfill disposal services that expires on June 30, 2026.
DISCUSSION:
The City of Glendale charges tipping fees as indicated in the following table. The City of Glendale now utilizes
the Consumer Price Index for All Urban Consumers (CPI-U) Water, Sewer, and Trash Collection Services
(WST), Not Seasonally Adjusted, U.S. City Average, as published by the U.S. Department of Labor, Bureau of
Labor Statistics to develop their rates. Fiscal Year 2026 rates were $34.25/ton with a $3 environmental fee.
These fees will be retroactive to July 1, 2026.

BUDGET IMPACT:
The FY2027 proposed budget did not account for the increased rates as they were not available at the time of
budget development. If there is a budget shortfall, it will be covered by operational savings in Solid Waste to
the extent possible with future council action to increase the budget for this line item if needed.
RECOMMENDATION:
Staff recommends that City Council adopt Resolution 1070-1126, approving an Intergovernmental Agreement
with the City of Glendale relating to landfill disposal services and authorize the Mayor or City Manager, City
Attorney and City Clerk to execute the necessary documents.
Contact person for document distribution: Harold Siguenza, Simon Lara, Suzie Hunter

RESOLUTION NO. 1070-1126
A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
THE CITY OF GLENDALE, ARIZONA RELATING TO LANDFILL
DISPOSAL SERVICES.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVONDALE as follows:
SECTION 1. The Intergovernmental Agreement with the City of Glendale relating to
landfill disposal services (the “Agreement”) is hereby approved in substantially the form and
substance attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to take all steps necessary to cause the execution of the Agreement
and to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED AS TO FORM:

Nicholle Harris, City Attorney

EXHIBIT A
TO
RESOLUTION NO. 1070-1126
[Agreement]
See following pages.

INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF AVONDALE
AND
THE CITY OF GLENDALE FOR
LANDFILL DISPOSAL SERVICES
THIS INTERGOVERNMENTAL AGREEMENT FOR LANDFILL DISPOSAL SERVICES
(“Agreement”) is made and entered into on _________________, 2026, to be effective as of July 1, 2026,
between the City of Avondale, an Arizona municipal corporation (“Avondale”) and the City of Glendale, an
Arizona municipal corporation (“Glendale”). Avondale and Glendale are referred to herein collectively as the
“Parties” or individually as a “Party.”
RECITALS
A.
Avondale and Glendale are entering into this Agreement for Landfill Disposal Services.
Avondale and Glendale are authorized and empowered by provisions of their respective city charters and
Arizona Revised Statutes § 11-952 to enter into this Agreement.
B.
Avondale and Glendale find it mutually beneficial for Glendale to provide landfill disposal
services to Avondale.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, the mutual promises and covenants set forth herein, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, Avondale and Glendale hereby agree as follows:
1.

Definitions.
The capitalized terms contained in this Agreement and not otherwise defined shall have the meanings
set forth below:

“Acceptable Waste” means any solid waste, including household waste, household hazardous waste
or conditionally exempt small quantity generator waste, that Glendale is authorized to dispose of in
the Facility according to its ADEQ-approved solid waste management plan. “Acceptable Waste”
may include: (i) household wastes; (ii) commercial waste (originating from entities such as restaurants,
stores, markets, theaters, hotels, and warehouses); (iii) institutional waste material originating in
schools, hospitals, research institutions, and public buildings; (iv) small amounts of remodeling,
demolition, roofing materials, and other construction debris; (v) water treatment plant or wastewater
sludge, capable of passing the mandated paint filter test, and delivered with an acceptable lab report
(sample analysis according to the appropriate waste testing protocol established by the
Facility).“Acceptable Waste” does not include any Hazardous Waste, Special Waste, Medical Waste,
including Biohazardous Medical Waste, and any Unacceptable Waste or any mixture, portion or
fraction thereof.
“ADEQ” means the Arizona Department of Environmental Quality or any successor department or
agency.

“Applicable Laws, Rules, and Regulations” means the laws, statutes, regulations, and rules enacted
by the federal government or any agency thereof, the state or any political subdivision thereof, affecting
the permitting, operation, or use of the Facility (as defined below), as such laws, statutes, regulations,
and rules are now in effect or as adopted subsequently.

“Dollars” means United States dollars.
“Facility” means the Glendale Municipal Landfill located at 11480 West Glendale Avenue, Glendale,

Arizona.

“Fiscal Year” means the City of Glendale’s calendar for a fiscal year, currently July 1 through June

30.

“Force Majeure” means any act, event, or condition having a direct, material, adverse effect on the
ability of the Facility to accept or dispose of Acceptable Waste, if such act, event, or condition is
beyond the reasonable control of the Party relying thereon as justification for not performing an
obligation or complying with any condition required of such Party under this Agreement. Such acts,
events, or conditions shall include, but shall not be limited to, the following:

A.

An act of God, lightning, earthquake, fire, severe weather conditions, epidemic, pandemic,
landslide, drought, hurricane, tornado, storm, explosion, partial or entire failure of utilities,
flood, nuclear radiation, act of a public enemy, war, blockade, insurrection, riot, disturbance,
labor strike or interruption, extortion, sabotage or similar occurrence or any exercise of the
power of eminent domain, condemnation or other taking by the action of any governmental
body on behalf of any public, quasi-public or private entity.

B.

The order, judgment, action, or determination of any court, administrative agency, or
governmental body: (1) that adversely affects the (a) operation of the Facility, (b) the right or
ability for the Facility to accept Acceptable Waste by road or (c) the right or ability of the
Facility to dispose of the Acceptable Waste; or (2) resulting in the suspension, termination,
interruption, denial or failure of renewal of issuance of any permit, license, consent,
authorization, or approval necessary to the operation of the Facility, or acceptance, processing,
transportation, or disposal of Acceptable Waste; unless, it is shown that such order or
judgment is the result of the grossly negligent, willful, or intentional action or inaction of the
Party relying thereon or is the result of grossly negligent or willful violation of Applicable Laws,
Rules and Regulations, as replaced or amended, and provided further that the contesting in
good faith of any such order or judgment shall not constitute or be construed as a grossly
negligent, willful or intentional action or inaction of such Party.

C.

The denial of an application, failure to issue, or suspension, termination, or interruption in the
issuance or renewal of any permit if such denial, suspension, termination, interruption, or
failure is not also the result of a wrongful or negligent act or omission or a lack of reasonable
diligence of the Party relying thereon; provided that, the contesting in good faith or the failure
in good faith to contest any such denial, suspension, termination, interruption, imposition or
failure shall not constitute or be construed as such a wrongful or negligent act or omission or
lack of reasonable diligence.

D.

The failure of any subcontractor or supplier to furnish services, materials, or equipment on
the dates agreed to if such failure is caused by a Force Majeure, if and to the extent, and only
so long as Glendale is not reasonably able, after using its best efforts, to obtain substitute
services, materials or equipment.

“Gate Rate” means the fee charged per ton of solid waste delivered, accepted and disposed of by
customers not subject to any negotiated agreement, including self-hauls loads under Section 2.1(B).

2

“H ard to H andle Waste” means waste requiring special handling procedures such as the burial in an
area away from the main working face of the Landfill or the breaking up and disposal of large materials
such as mobile homes, pieces of concrete, and spools of wire.
“H azardous Waste” means garbage, refuse, sludge from a waste treatment plant, water supply

treatment plant or air pollution control facility, or other discarded materials, including solid, liquid,
semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural
operations or from community activities which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or
potential hazard to human health or the environment if improperly treated, stored, transported,
disposed of or otherwise managed or any waste identified as hazardous pursuant to section 49-922.
“Hazardous waste” does not include solid or dissolved material in domestic sewage, solid or dissolved
materials in irrigation return flows or industrial discharges which are point sources subject to permits
under section 402 of the Federal Water Pollution Control Act (P.L. 92-500; 86 Stat. 816), as amended,
or source, special nuclear or by-product material as defined by the atomic energy act of 1954 (68 Stat.
919), as amended. All waste delivered to the Glendale Municipal Landfill must meet Resource
Conservation and Recovery Act (RCRA) criteria, pursuant to EPA section 4005(c)(1)(C).

“H ot Load” means any load of materials delivered to the Facility that is emitting smoke, fire, or fumes,
or may be in imminent danger of fire or explosion.

“Medical Waste” as defined in A.R.S. § 49-701, means “any solid waste which is generated in the
diagnosis, treatment or immunization of a human being or animal or in any research relating to that
diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes
discarded drugs but does not include hazardous waste as defined in A.R.S. § 49-921 other than
conditionally exempt small quantity generator waste.”.
“Solid waste” means any garbage, trash, rubbish, refuse, sludge from a waste treatment plant, water
supply treatment plant, or pollution control facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material, except for those solid wastes that are exempt in accordance
with A.R.S. §49-701.01.
“Solid waste management plan” means the plan which is adopted pursuant to A.R.S. § 49-721 and

approved by ADEQ, which provides guidelines for the collection, source separation, storage,
transportation, processing, treatment, reclamation, and disposal of solid waste in a manner that
protects public health and safety and the environment and prevents and abates environmental
nuisances.

“Special Waste” means a solid waste as defined in section 49-701.01, other than a hazardous waste,
that requires special handling and management to protect public health or the environment and that is
listed in section 49-852 or in rules adopted pursuant to section 49-855. Special waste does not include
return flows from irrigated agriculture, medical waste, used oil or by-products of a regulated agricultural
activity, as defined in section 49-201, that are subject to best management practices under section 49247, by-products of livestock, range livestock and poultry as defined in section 3-1201, pesticide
containers regulated pursuant to title 3, chapter 2, article 6 or waste that contains radioactive materials
that are subject to a permit or regulation under the atomic energy act of 1954 (42 United States Code
section 2011; 68 Stat. 919), as amended, or title 30, chapter 4.
“Tipping Fees” shall mean the total rate per ton charged and adjusted by Glendale for disposal of
each type of waste delivered by Avondale at the Facility, as more fully set forth in Section 3.3 of this

3

Agreement. The Tipping Fees shall include any applicable taxes, fees, or levies, as replaced, or
amended, that Glendale is required to pay for waste delivered to and accepted by the Facility.

“Ton” means two thousand (2,000) U.S. pounds.
“Unacceptable Waste” means any solid, hazardous, medical, mixed, or special waste, or any portion
or fraction thereof, that Glendale may not accept for disposal at the Facility. Such “Unacceptable
Wastes” include, but are not limited to: (A) Asbestos, explosives, radioactive materials, medical waste
or infectious biohazardous waste, Waste tires, residential cesspool waste, sewage, and sludge; (B) motor
vehicles, including motor vehicle parts, and any agricultural and farm machinery or equipment or parts
thereof; (C) used oil; (D) materials that Glendale determines may present a risk to human health or
safety or the environment, or may adversely affect the operation of the Facility, including, but not
limited to, Hot Loads; or (E) waste not authorized for disposal at any Facility pursuant to its approved
solid waste management plan.
“Waste Tires” means (a) A tire that is no longer suitable for its original intended purpose because of
wear, damage, or defect; (b) A tire that is removed from a motor vehicle and is retained for further use;
or (c) A tire that has been chopped or shredded.

2.

Delivery of Acceptable Waste.
2.1

Acceptable Waste Delivered.
A.

Avondale shall use its best efforts to ensure that all materials delivered to the Facility
for disposal shall constitute only Acceptable Waste. Glendale shall have the right to
refuse to accept any waste or load it suspects contains Unacceptable Waste for
disposal at the Facility. Avondale will be charged the fees established in Section 3.3
below if Glendale accepts waste for disposal.

B.

Avondale residents may deliver self-hauled loads of Acceptable Waste to the Facility
and will be charged the rate established and published on the City of Glendale’s
website for Acceptable Waste delivered in self-hauled loads to the Facility for
disposal. Avondale residents may not deliver Waste Tires in any self-hauled loads.
The charges to be paid by Avondale residents for self-loaded loads may include the
actual costs incurred by the City of Glendale to dispose of any Unacceptable Waste(s)
contained therein.
All appliances containing Freon will be assessed a separate fee to cover the cost the
Facility incurs for Freon removal. The fee is subject to change at any time to reflect
the market cost of Freon removal.

C.

Glendale may refuse to accept waste for disposal at the Facility if such waste is of
such a quantity or character that it requires special handling procedures for disposal
(Hard to Handle Waste or Hot Load). In the event Glendale identifies waste as Hard
to Handle Waste or a Hot Load, may either: (i) decline to accept the waste for disposal
and return the load to Avondale; or (ii) estimate the additional charges Glendale will
incur to properly dispose of such waste, accept the waste and then dispose it.

D.

Avondale and Glendale recognize that although Waste Tires constitute Unacceptable
Waste, Waste Tires may, on occasion, despite Avondale’s best efforts to segregate
wastes, be mixed with Acceptable Waste collected by Avondale and delivered to the

4

Facility for disposal. In such event, Waste Tires will be handled by the Facility and
Avondale will be charged the actual cost incurred by Glendale to properly dispose of
such Waste Tires. However, should the receipt and disposal of Waste Tires become
a regular occurrence and unduly burdensome on the Facility, Avondale will review its
waste collection procedures and attempt to eliminate Waste Tires from the materials
it delivers to the Facility. If Avondale’s review and any change in its waste handling
or disposal procedures do not resolve the mixed waste problem, the Parties will meet
and confer to develop a strategy to address the problem. Although the Parties agree
to meet and confer to address this problem in good faith, nothing in this subsection
prevents or interferes with Glendale’s right to exercise its rights under subsection
2.1(C) above and/or Sections 4 and 7 herein.
2.2

2.3

Weighing of Acceptable Waste.
A.

City of Avondale vehicles delivering Acceptable Waste shall have a vehicle
identification number permanently affixed and conspicuously displayed on the
exterior of the vehicle, which is readily visible by the weigh scale operators. Avondale
shall provide a certified tare weight for each such identified vehicle. All incoming
Acceptable Waste shall be weighed and recorded. From time to time, the Parties may
require revalidation of the tare weight of any vehicle or re-weighing of unloaded
trucks. Avondale, at no extra cost, shall have the right to monitor the weighing of all
vehicles delivering Acceptable Waste to the Facility.

B.

Glendale shall maintain the weighing devices at the Facility for the purpose of
weighing and recording the amount of Acceptable Waste delivered to the Facility.
Glendale shall test and recalibrate the weighing devices at least once each quarter, or
more often if necessary or if required by the Arizona Department of Weights and
Measures. Calibration records shall be available for inspection by Avondale.

C.

In the event the weighing devices become temporarily inoperable due to testing or
malfunction, Glendale shall estimate the weight of Acceptable Waste delivered to the
Facility on the basis of truck volume and historical data obtained through operation
of the Facility. These estimates shall serve as official records for the duration of the
weighing device outage. Glendale shall use its best efforts to ensure that no such
period of inoperability exists for more than five consecutive days, and in the aggregate
not more than 15 days in any 30-day period.

D.

To expedite turnaround time at the Facility, Avondale will use the automated,
unattended scale system (commonly referred to as the Radio Frequency or RF Scale).
Glendale will provide Avondale with a summary of all transactions on a monthly basis
as specified in Section 3.1. Information on specific transactions or a daily report will
be generated upon request.

Vehicle Turnaround Time. Each vehicle delivering Acceptable Waste to the Facility shall
be able to enter the Facility, unload, and exit the Facility within a period of not longer than
twenty (20) minutes, with the understanding that bad weather conditions, such as heavy rain,
may cause delays beyond the control of the Facility. The average period of not longer than
twenty (20) minutes is based on the use of the unattended scale system and an average period
of not longer than eight (8) minutes to unload the Avondale vehicles. Glendale shall provide
experienced staff at the Facility to direct incoming drivers.

5

2.4

Delivery Vehicles. Acceptable Waste may be delivered to the Facility in a variety of vehicles
including, but not limited to, side-loading collection trucks, rear-loading collection trucks,
front-loading collection trucks, tractor-trailer vehicles, open-top and closed roll-off containers,
compactors, and other open or closed vehicles. The Facility shall be equipped to receive all
vehicles that are lawfully used to transport Acceptable Waste.

2.5

Hot Loads. In the event that Glendale accepts a Hard to Handle or Hot Load from an
Avondale vehicle as provided in subparagraph 2.1(C) above, Avondale agrees to pay any
additional costs incurred by Glendale for the handling of that Hard to Handle Waste or Hot
Load. Such costs may include but are not necessarily limited to, costs related to response by
public safety personnel as well as cleanup and disposal costs related to the material.

2.6

Discovery of Unacceptable Waste. If Glendale discovers Unacceptable Waste or waste that
it suspects is Unacceptable Waste received from Avondale, Glendale shall:
A.

Isolate, remove, and set aside that portion of the load which it determines is or may
be Unacceptable Waste.

B.

Notify Avondale of the discovery of Unacceptable Waste within one hour of that
discovery, unless that discovery occurs after 4:00 p.m., in which event notification
shall be given by 9:00 a.m. of the next business day.

C.

Gather, preserve, maintain, and make available to Avondale all evidence
demonstrating that the Unacceptable Waste was delivered by Avondale.

D.

Test or arrange to have the suspected Unacceptable Waste tested to ascertain whether
that waste is Unacceptable Waste.

E.

Allow Avondale to: (1) inspect such Unacceptable Waste within eight hours of notice
to Avondale of the existence of such waste; and (2) test the waste and examine all
other evidence gathered by Glendale within seventy-two (72) hours after the
discovery of such waste. For purposes of any inspection conducted, Avondale shall
have access to the Facility and/or any other site at which Unacceptable Waste is
located, subject to the conditions set forth in Section 5.3 below.

2.7

Rejection of Unacceptable Waste. Glendale shall have the right to reject Unacceptable
Waste after the load is unloaded at the Facility by giving notice to Avondale as set forth in
Subsection 2.6(B) above. Unacceptable Waste shall be deemed accepted if not rejected.

2.8

Disposal of Unacceptable Waste. If Unacceptable Waste is discovered at the Facility and
there is substantial proof that the Unacceptable Waste was delivered to the Facility by
Avondale under this Agreement, Avondale shall: (a) to the extent practicable, promptly remove
and properly dispose of the Unacceptable Waste; or (b) pay Glendale the actual cost for proper
disposal of the Unacceptable Waste. Avondale shall also pay or reimburse Glendale for the
actual cost of the inspecting, testing, characterizing, and handling of the Unacceptable Waste.

2.9

Disposal of Waste Not Deemed Unacceptable. If, after inspecting and/or testing the
waste, Glendale discovers the waste was Acceptable Waste, or discovers that the Unacceptable
Waste was not delivered to the Facility by Avondale, Glendale shall dispose of that waste at
no additional cost to Avondale.

6

3.

Statements, Records, and Auditing.
3.1

3.2

Monthly Reports, Weight Tickets, and Monthly Reconciliation.
A.

Within ten (10) working days after the end of the preceding month, Glendale shall
deliver to Avondale an electronic monthly report specifying the number of tons of
waste received during the previous month and any charges for waste disposal. The
report will provide a summary of the previous month’s weight tickets for all waste
received each day at the Facility, including transaction number, truck number, date,
time, material type, net tons, and total fee. Because an unattended weight device will
be used to record the weight of each load delivered to the Facility for disposal by
Avondale vehicles, weight tickets will be provided to drivers only upon request.

B.

Any weight that has been determined by estimate as described in Section 2.2(C) above
shall be noted on all records of such weight.

C.

Avondale shall review each monthly report and/or billing statement and pay the fee
required for tonnage delivered to the Facility during that month based on the
established rate in Section 3.3 below. Payment shall be received or remitted in
accordance with Glendale remittance terms, which currently require payment within
thirty (30) days of invoice. These remittance terms may change to align with any
change in business practices. Glendale must notify Avondale in writing regarding any
changes to the remittance terms, and any changes will not take effect until at least
ninety (90) days after the notice is provided in a manner consistent with Section 10.10
of this Agreement.

Recordkeeping, Accounting, and Auditing.
A.

Glendale shall keep and maintain complete and detailed records related to the delivery
of Acceptable Waste and Unacceptable Waste and the basis for the invoicing under
this Section including: (1) tonnage of Acceptable Waste delivered by Avondale to the
Facility; and (2) quantities of Unacceptable Waste, and its ultimate disposition (e.g.,
segregation, storage or removal for disposal in another facility) of such material
including activities undertaken to characterize the waste, and the date, time, and
vehicle identification of each vehicle delivering and disposing of it. Glendale shall
further keep and maintain accurate and complete accounting records and vouchers
evidencing all costs, receipts, payments, and any other matter of accounting associated
with its performance under this Agreement in accordance with generally accepted
accounting principles and any applicable State laws.

B.

Avondale, or its audit representative, shall have the right at any reasonable time to
inspect, copy, and audit the records, accounting records, vouchers, and any source
documents which serve as the basis for charges for Acceptable Waste tonnage (the
“Accounting Records”). The Accounting Records shall be available for inspection
and audit for a period of three years following the termination of this Agreement, or
five years from the date such Accounting Records were first created, whichever comes
first.

7

3.3

Tipping Fees.
A.

The Tipping Fees for disposal services at the Facility shall be as follows:
Tipping Fees

Negotiated Rate
$37.43
TBD w/CPI
TBD w/CPI
TBD w/CPI
TBD w/CPI

Env. Fee
$3.00
$4.00
$4.00
$5.00
$5.00

ADEQ Tax
0.58
TBD w/CPI
TBD w/CPI
TBD w/CPI
TBD w/CPI

Effective Date
Hard to Handle
$154.00
$156.00
$158.00
$160.00
$160.00

July 1, 2026 - June 30, 2027
July 1, 2027 - June 30, 2028
July 1, 2028 - June 30, 2029
July 1, 2029 - June 30, 2030
July 1, 2030 - June 30, 2031

Avondale agrees to pay the aggregate of the negotiated rate, environmental fee and
ADEQ tax in the chart above for each ton of Acceptable Waste it delivers to the
Facility.
The parties agree this rate shall be increased each year as provided in subsections C
and D below, as well as by any tax imposed by the Arizona Department of
Environmental Quality regardless of whether such tax is calculated as a fixed or
variable rate.
All loads delivered after closing will be assessed an additional $7.00 per ton. Monday
– Friday – after 4:30 PM and Saturday – after 3:05 PM
The rates are based on a minimum annual of 20,000 tons annual brought by the City
of Avondale. If the minimum annual tonnage is not met, the following year's rate will
be increased to the Council-approved gate rate.
B.

Tonnage will be tracked as trucks pass through the weighing device and charged the
appropriate Tipping Fee according to this Section.

C.

Beginning on and retroactive to, July 1, 2026, Tipping Fees and rates imposed by
Glendale (e.g., the Gate Rate and Hard to Handle Rate) shall be adjusted annually by
the Consumer Price Index for All Urban Consumers (CPI-U), Water, Sewer, and
Trash Collection Services (WST), Not Seasonally Adjusted, U.S. City Average, as
published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS Series
ID: CUUR0000SEHG). Such adjustment shall be calculated by the Glendale and
forwarded to Avondale for review as provided in Section 10.10 (Notices) herein on
or before May 1st of each year the Agreement remains in effect.
Avondale shall have fifteen (15) calendar days following receipt of Glendale’s
proposed adjustment to review the calculation and raise any written objection. If no
written objection is raised within such period, the Adjusted Rate shall be deemed
accepted and become effective on July 1st. If Avondale provides Glendale with a
written objection within the fifteen (15) day period, the parties agree to meet and
confer to informally resolve any dispute. Should the parties be unable to agree on
the amount of the rate adjustment, either party may exercise any rights or remedies
available under the Agreement or applicable Arizona law as provided in Section 10.14
(Remedies) herein.

8

In the event the U.S. Department of Labor discontinues, renames, or materially
redefines the Consumer Price Index for All Urban Consumers (CPI-U), Water, Sewer,
and Trash Collection Services (WST), Not Seasonally Adjusted, U.S. City Average or
its Series ID: CUUR0000SEHG, the parties shall meet and confer within thirty (30)
days to agree upon a substantially equivalent replacement index. Until a replacement
is agreed upon, the most recently published index value shall be used.
All other rates in this Agreement are calculated as previously agreed and are unaffected
by this calculation.

4.

D.

The Tipping Fees shall be adjusted at any time to reflect any adjustments of, changes
to, or additions to Federal, State, or County taxes, fees, or levies for waste accepted
at the Facility. The Tipping Fees will also be adjusted by Glendale to incorporate an
Environmental Risk Fee without a further amendment of this Agreement.

E.

Tipping Fees for acceptance of water treatment plant or wastewater sludge, capable
of passing the mandated paint filter test, and delivered with an acceptable lab report
(sample analysis according to appropriate waste testing protocol established by the
Facility), shall be charged at the same rate as all other Acceptable Wastes, in
accordance with subsection 3.3(A) above. The sample analysis shall be conducted
annually or more frequently if good cause exists. The Tipping Fees for sludge will also
be adjusted by the City of Glendale to reflect any increased handling and treatment
costs, without requiring a further amendment to this Agreement.

F.

A fee will be charged for handling Hard to Handle Waste as provided in Section 3.3
above. This fee includes the Arizona Department of Environmental Quality tax.

Term and Termination.
4.1

Term of Agreement. This Agreement is effective as of July 1, 2026, notwithstanding that it
may be executed by the Parties on later dates. This Agreement shall remain in effect through
June 30, 2031, unless earlier terminated in accordance with this Agreement. This Agreement
may only be extended in a signed writing, agreed upon, and executed by both Parties.

4.2

Termination.
A.

Notwithstanding the provisions of Section 4.1 above, Avondale may terminate this
Agreement without cause at the end of any Fiscal Year the Agreement remains in
effect by providing 90 days’ prior written notice to Glendale. Such written notice
must be received no later than April 1 of the then-current Fiscal Year and termination
will be effective 12:00 a.m. on July 1st of the next Fiscal Year. In the event Avondale
provides such notice of termination to Glendale, Avondale shall continue to pay any
fees and charges, including Tipping Fees and Hard to Handle Wastes fee, incurred as
a result of its delivery and disposal of wastes in the Facility for the 90-day notice and
pre-termination period. Avondale, however, will not be required to pay any penalty
or liquidated damages for its termination of this Agreement prior to the expiration of
the initial or renewal term.

9

5.

6.

B.

Glendale may terminate this Agreement, at any time, with 180 calendar days written
notice to Avondale. There shall be no payment associated with the termination of
this Agreement by Glendale.

C.

This Agreement is subject to the provisions of Arizona Revised Statutes § 38-511, as
replaced or amended, and may be canceled, without penalty or further obligation, by
either Party if any person significantly involved in initiating, negotiating, securing,
drafting or creating this Agreement on behalf of either Party is, at any time while this
Agreement or any extension of this Agreement is in effect, an employee or agent of
any other Party to this Agreement in any capacity or consultant to any other party of
this Agreement with respect to the subject matter of this Agreement.

Facility Obligations.
5.1

Operation and Maintenance of the Facility. Glendale shall operate and maintain the
Facility, and perform its obligations under this Agreement, in a manner that is consistent with
the terms of this Agreement and is consistent with all Applicable Laws, Rules, and Regulations,
as replaced or amended.

5.2

Hours and Days of Operation. The Facility must be operational to receive Acceptable
Waste from 7:30 a.m. to 4:00 p.m., Monday through Friday, and on Saturday from 7:00 a.m.
to 3:00 p.m., excluding City of Glendale holidays. Alternative holiday schedules and extended
hours may be established by mutual agreement of the Parties.

5.3

Right to Inspect. Avondale shall have the right to enter and inspect the Facility to observe
operations during operating hours as long as: (a) such visits are conducted in a manner that
does not cause any interference with operations; and (b) any person conducting such visits (1)
complies with safety rules and regulations and (2) is escorted by a designated Facility employee.

Representations and Warranties.
Glendale hereby represents and warrants to Avondale that:
A.

Glendale has the full power and authority to execute and deliver this Agreement to
Avondale and carry out the transactions contemplated hereby.

B.

Glendale has taken all necessary action to execute, deliver and perform this
Agreement.

C.

The execution and delivery of this Agreement, the consummation of the transactions
contemplated herein or Glendale’s compliance with any of the terms and provisions
of this Agreement do not or will not contravene any existing law, judgment,
governmental rule, regulation or order applicable to or binding on it or any of its
properties which, if violated, would have a material adverse effect on Glendale’s
obligations under this Agreement.

D.

The Facility is and will remain appropriately permitted or licensed to accept the
Acceptable Waste and otherwise perform as required by this Agreement.

E.

Upon execution and delivery of this Agreement by Glendale, it will constitute a legal,
valid and binding obligation of Glendale enforceable against it in accordance with the
terms hereof.

10

7.

Indemnification.
Each Party (as “indemnitor’’) agrees, to the extent permitted by law, to indemnify, defend, and hold
harmless the other Party and its officers, employees, and elected or appointed officials (as
“indemnitee”) from and against any and all claims, losses, liability, costs or expenses, including
reasonable attorney’s fees (collectively referred to as “Claims”) arising out of bodily injury of any
person (including death) or property damage but only to the extent that such claims are caused by the
negligence, misconduct, intentional act or other fault of the indemnitor, its officers, employees,
contractors, elected or appointed officials. Glendale further agrees to indemnify, defend and hold
harmless Avondale and its officers, employees and elected or appointed officials for, from and against
any and all claims, losses, liability, costs or expenses, including reasonable attorney’s fees arising out of
Glendale’s failure to comply with all Applicable Laws, Rules, and Regulations.

8.

9.

Obligations during Force Majeure.
8.1

Notice Relating to Force Majeure. If any act or event of Force Majeure occurs which
affects either Party’s ability to perform under this Agreement, the Party affected and relying
thereon to excuse its performance hereunder shall give oral notice to the other as soon as
practicable, and shall deliver to the other Party within forty-eight (48) hours after such oral
notice, a written notice setting forth such information as may be available to it with respect to
the nature, extent, effect, and anticipated duration of the act or event of Force Majeure.

8.2

Obligation of the Parties during an Event of Force Majeure. If such an act or event of
Force Majeure occurs which has the effect of reducing the amount of Acceptable Waste that
a Party can accept from or deliver to the other, both Parties shall be excused from performance
during the existence of the Force Majeure, provided written notice was given in accordance
with subsection 8.1 above. A Force Majeure for which said notice has not been properly given
shall be considered an unexcused delay and may considered a breach of this Agreement. The
effect(s) of said Force Majeure shall be remedied as soon as the Force Majeure has ceased, or
as soon as practicable, and the Party claiming the Force Majeure shall use best efforts to
eliminate and mitigate the consequences thereof.

Immigration Law Compliance.
9.1

Each Party, and on behalf of any subcontracted party, warrants, to the extent applicable under
Arizona Revised Statutes § 41-4401, compliance with all federal immigration laws and
regulations that relate to their employees as well as compliance with Arizona Revised Statutes
§ 23-214(A) which requires registration and participation with the E-Verify Program.

9.2

Any breach of warranty under Section 9.1 above is considered a material breach of this
Agreement and is subject to penalties up to and including termination of this Agreement.

9.3

Each Party retains the legal right to inspect the papers of any contracted party’s or
subcontracted party’s employee who performs work under this Agreement to ensure each
Party is compliant with the warranty under Section 9.1 above.

9.4

Each Party may conduct random inspections, and upon request or notice to the other Party,
either Party shall provide copies of papers and records demonstrating continued compliance

11

with the warranty under Section 9.1 above. Each Party agrees to keep papers and records
available for inspection during normal business hours and will cooperate in exercise of each
Party’s statutory duties and not deny access to business premises or applicable papers or
records for the purposes of enforcement of this Section 9.

10.

9.5

Each Party agrees to incorporate into any subcontracts under this Agreement the same
statutorily required obligations and expressly accrue those obligations directly to the benefit of
either Party. Each Party also agrees to require any subcontracted party to incorporate into
each of its own subcontracts under this Agreement the same obligations above and expressly
accrue those obligations to the benefit of the either Party.

9.6

The warranty and obligations under this section for each Party are continuing throughout the
term of this Agreement or until such time as either Party determines, in its sole discretion, that
Arizona law has been modified in that compliance with this section is no longer a requirement.

9.7

The “E-Verify Program” above means the employment verification program administered by
the United States Department of Homeland Security, the Social Security Administration, or
any successor program.

General Provisions.
10.1

Non-Assignment. Neither Party shall assign, transfer, convey, subcontract, pledge or
otherwise hypothecate this Agreement or its rights, duties or obligations hereunder or any part
thereof without prior written consent of the other Party, which may be withheld in its
reasonable discretion. Any assignment made in violation of this Section shall be void and of
no force or effect and shall constitute a material breach of the Agreement.

10.2

Headings. All sections and descriptive headings of sections and subsections in this
Agreement are inserted for convenience only and shall not affect the construction or
interpretation hereof.

10.3

Severability; Integration. Inapplicability or unenforceability of any provision of this
Agreement shall not limit or impair the operation or validity of any other provision of this
Agreement. This Agreement constitutes and embodies the full and complete understanding
and agreement of the Parties hereto and supersedes all prior understandings, agreements,
discussions, proposals, bids, negotiations, communications, and correspondence, whether oral
or written. No representation, promise, inducement or statement of intention has been made
by any Party hereto which is not embodied in this Agreement, and no Party hereto shall be
bound by or liable for any alleged misrepresentation, promise inducement or statement of
intention not so set forth.

10.4

Waivers. Neither the failure nor any delay on the part of any Party to exercise any right,
remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall
any single or partial exercise of any right, remedy, power or privilege preclude any other or
further exercise of the same or of any other right, remedy, power or privilege, nor shall any
waiver of any right, remedy, power or privilege with respect to any occurrence be construed
as a waiver of such right, remedy, power or privilege with respect to any other occurrence.
Payments by the respective Parties shall not constitute a waiver of contract rights.

10.5

Construction. This Agreement is intended to express the mutual intent of the Parties and,
irrespective of the identity of the Party preparing this Agreement or any document or

12

instrument referred to herein, no rule of strict construction against the Party preparing a
document shall be applied.
10.6

No Other Parties To Benefit. This Agreement is made for the sole benefit of the Parties
hereto and their successors and assigns. Except as may be expressly provided herein, no other
person or entity is intended to or shall have any rights of benefits hereunder, whether as thirdparty beneficiaries or otherwise.

10.7

Inurement. This Agreement shall inure to the benefit of and be binding upon the respective
successors and permitted assigns of the Parties.

10.8

Governing Law; Forum; Venue. This Agreement is executed and delivered in the State of
Arizona, and the substantive laws of the State of Arizona (without reference to choice of law
principles) shall govern their interpretation and enforcement. Any action brought to interpret
or enforce any provision of this Agreement, or otherwise relating to or arising from this
Agreement, shall be commenced and maintained in the State or federal courts of the State of
Arizona and each of the Parties, to the extent permitted by law, consents to jurisdiction and
venue in such courts for such purposes.

10.9

No Oral Modification. No provision of this Agreement shall be amended, waived or
modified except by an instrument in writing signed by the Parties hereto.

10.10 Notices. Any notice or other communication required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been duly given if: (A) delivered
to the party at the address set forth below; (B) deposited in the U.S. Mail, registered or certified,
return receipt requested, to the address set forth below; (C) given to a recognized and reputable
overnight delivery service, to the address set forth below; or (D) delivered by e-mail
transmission to the number set forth below:
To Avondale:

City of Avondale
Public Works Department
11465 W. Civic Center Drive
Avondale, Arizona 85323
Attention: Kirk Beaty, Public Works Director
Email: [email protected]

With a copy to:

City of Avondale
City Attorney’s Office
11465 W. Civic Center Drive
Avondale, Arizona 85323
Attention: Nicholle Harris, City Attorney
Email: [email protected]

To Glendale:

City of Glendale
Field Operations Department
6210 W. Myrtle Avenue, Suite 111
Glendale, Arizona 85301
Attention: Michelle Woytenko Field Operations Director
Email: [email protected]

With a Copy to:

City of Glendale
City Attorney’s Office

13

5850 W. Glendale Avenue, Suite 450
Glendale, Arizona 85301
Attention: Michael Bailey, City Attorney
Email: [email protected]
or such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this Section. Notices shall be deemed
received: (A) when delivered to the party; (B) three business days after being placed in the U.S.
Mail, registered or certified, properly addressed, with sufficient postage; (C) the following
business days after being given to a recognized overnight delivery service, with the person
giving the notice paying all required charges and instructing the delivery service to deliver on
the following business day; or (D) when received by email during the normal business hours
of the recipient. If a copy of a notice is also five to a party’s counselor other recipient, the
provisions above governing the date on which a notice is deemed to have been received by a
party shall mean and refer to the date on which the party, and not its counselor other recipient
to which a copy of the notice may be sent, is deemed to have received the notice.
10.11 Contact Person. Upon execution of this Agreement, each Party shall provide and maintain
with the other the following:
A.

The name and address to whom financial or accounting statements should be sent or
of whom inquiries should be made.

B.

The name and address of the person or persons to be contacted for day-to-day
matters except for the matters listed above.

10.12 Non-Exclusive Agreement. The Parties acknowledge that this is a non-exclusive
Agreement, and that Avondale and Glendale may contract with others to provide for services
similar to those in this Agreement with respect to the Facility and the collection and delivery
of Acceptable Waste.
10.13 Contractual Status. Each Party is acting independent of the other Party under this
Agreement and nothing herein is intended nor shall it be construed to create a joint venture
or partnership between Avondale and Glendale, or to render either Avondale or Glendale
liable for contractual or governmental obligations of the other including, without limitation,
obligations to various agents and/or subcontractors, in any manner whatsoever, it being
expressly agreed between the Parties that neither of them have any intention of assuming any
contractual or other liability of the other by reason of the execution of this Agreement.
10.14 Remedies. In addition to the right of termination provided pursuant to Section 4.2 above
the Parties, shall have available all remedies provided by law or in equity, including expressly
the right to an award of reasonable attorney’s fees and court costs to the prevailing Party, for
any breach of this Agreement.
10.15

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
parties hereby certify that they are not currently engaged in and agree for the duration of the
Agreement to not engage in, a boycott of goods or services from Israel, as that term is defined
in A.R.S § 35-393.

10.16

Uyghur Forced Labor Prevention Act (UFLPA). Each party certifies that it does not currently,
and during the term of this Agreement, will not use:

14

a.

the forced labor of ethnic Uyghurs in the People’s Republic of China;

b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
10.17

Attestation of PCI Compliance. When applicable, Avondale will provide the City annually
with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance
certificate signed by an officer of Contractor with oversight responsibility.

10.18

Lack of Appropriations. Nothing in this Agreement guarantees that some or all of the funds
necessary to comply with any obligations under this Agreement will be appropriated or
otherwise be available by either party. Each party agree to seek such appropriations in good
faith from its City Council, and agrees not to use the lack of appropriation as a substitute for
termination for convenience. If sufficient funds are not appropriated or otherwise available,
that party may unilaterally terminate this Agreement after providing thirty (30) days written
notice to the other party. In the event one party provides such notice to the other, the
terminating city will not be entitled to a refund or offset of any amounts previously paid, but
will not pay any amounts that become due after providing such notice.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set
forth above.
“AVONDALE”

“GLENDALE”

By:

By:

Mike Pineda, Mayor

Jerry Weiers, Mayor

ATTEST:

ATTEST:

By:

By:

Marcella Sarmiento, City Clerk

15

Julie K. Bower, City Clerk

The foregoing agreement between the City of Avondale and the City of Glendale has been reviewed pursuant
to Arizona Revised Statutes § 11-952, as amended, by the undersigned City Attorney who has determined that
it is in the proper form and is within the powers and authority granted to the City of Avondale. No opinion is
expressed as to the authority of any parties, other than the City of Avondale to enter into this Agreement.

Nicholle Harris
Avondale City Attorney
The foregoing agreement between the City of Avondale and the City of Glendale has been reviewed pursuant
to Arizona Revised Statutes § 11-952, as amended, by the undersigned City Attorney who has determined that
it is in the proper form and is within the powers and authority granted to the City of Glendale. No opinion is
expressed as to the authority of any parties, other than the City of Glendale to enter into this Agreement.

Michael Bailey
Glendale City Attorney

16

CITY COUNCIL REPORT
ITEM NUMBER:

4.d.

SUBJECT:

Resolution 1071-1126 - Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid with Participating Municipal Partners

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Kirk L. Beaty, Public Works Director

THROUGH:

Andy Mesquita, Assistant City Manager, (623) 333-1015

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Resilient Infrastructure &
Transportation
Avondale’s participation in this mutual aid agreement assures the availability and use of resources and
equipment from other parties to the agreement in the event City resources become unusable for a short
duration, thus ensuring continued responsive and efficient services for customers, and also providing the same
support to other partner municipalities.

PURPOSE:
City Council will consider a request to adopt Resolution 1071-1126, approving an Intergovernmental
Agreement (IGA) for Waste Collection and Transportation Mutual Aid with participating municipalities and
authorize the Mayor or City Manager, City Attorney and City Clerk to execute the necessary documents. The
Council will take appropriate action.
BACKGROUND:
The City previously entered into an Intergovernmental Agreement (IGA) for mutual aid related to solid waste
collection and transportation. The agreement established a formal process for participating municipalities to
request and provide personnel, vehicles, equipment, and other resources during operational emergencies, as
well as for reimbursement of costs associated with providing those resources. The prior IGA was executed on
February 17, 2017 and expired on June 30, 2026.
The need for this type of agreement was identified by the Maricopa Association of Governments Solid Waste
Committee. Municipal solid waste operations may encounter emergency conditions, including an unusually
high number of out of service vehicles or equipment, or significant staffing shortages. Because solid waste
collection services are mandated to occur weekly, the ability to obtain temporary assistance from neighboring
municipal solid waste operations helps ensure continuity of service and timely completion of collection routes.
DISCUSSION:
The proposed IGA establishes a standardized process for participating municipalities to request and provide

mutual aid for solid waste collection and transportation services. Specifically, the IGA:
1. Establishes procedures for participating municipalities to request and provide personnel, vehicles,
equipment, and other resources during an emergency or operational disruption; and
2. Defines the terms, conditions, and reimbursement process for an aiding party that provides resources
or assistance to a requesting party.
Participation in the IGA will provide the City with access to regional resources when needed while enabling the
City to assist neighboring jurisdictions when Avondale has available capacity. The City of Avondale Public
Works Department, Solid Waste Division, has agreed to be the Managing Entity of this IGA by consensus of
the Maricopa Association of Governments Solid Waste Committee.
BUDGET IMPACT:
Approval of the IGA does not create an immediate financial obligation for the City. Financial impacts would
occur only if the City requests assistance from another participating municipality or provides aid to a
participating municipality. In those instances, the City would either reimburse the aiding jurisdiction for eligible
costs or seek reimbursement for eligible costs incurred by the City, consistent with the terms of the IGA.
RECOMMENDATION:
Staff recommends that City Council adopt Resolution 1071-1126, approving an Intergovernmental Agreement
(IGA) for Waste Collection and Transportation Mutual Aid with participating municipalities and authorize the
Mayor or City Manager, City Attorney and City Clerk to execute the necessary documents.
Contact person for document distribution: Harold Siguenza, Simon Lara, Suzie Hunter

RESOLUTION NO. 1071-1126
A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA,
APPROVING
AN
INTERGOVERNMENTAL
AGREEMENT AMONG THE CITIES OF AVONDALE, GLENDALE,
MESA, PEORIA, PHOENIX, SCOTTSDALE, SURPRISE, TEMPE, THE
TOWNS OF GILBERT AND QUEEN CREEK AND THE SALT RIVER
PIMA-MARICOPA INDIAN COMMUNITY RELATING TO WASTE
COLLECTION AND TRANSPORTATION MUTUAL AID.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVONDALE as follows:
SECTION 1. The Intergovernmental Agreement among the cities of Avondale, Glendale,
Mesa, Peoria, Phoenix, Scottsdale, Surprise, Tempe, the towns of Gilbert and Queen Creek, and
the Salt River Pima-Maricopa Indian Community relating to waste collection and transportation
mutual aid is hereby approved in substantially the form and substance attached hereto as Exhibit
A and incorporated herein by reference.
SECTION 2. The Mayor, the City Manager, the City Clerk, and the City Attorney are
hereby authorized and directed to take all steps necessary to cause the execution of the Agreement
and to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.
Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED AS TO FORM:

Nicholle Harris, City Attorney

EXHIBIT A
TO
RESOLUTION NO. 1071-1126
[Agreement]
See following pages.

INTERGOVERNMENTAL AGREEMENT FOR
WASTE COLLECTION AND TRANSPORTATION MUTUAL AID
This Intergovernmental Agreement for Waste Collection and Transportation Mutual Aid
(this “Agreement”) is entered into by and amongst the participating Arizona cities, towns, and the
tribal nation listed in Appendix-A to this Agreement, and as later added pursuant to Section 3.2
below (collectively, the “Participating Entities). The Participating Entities may also be referred
to herein collectively as “Parties” and individually as a “Party.”
1.

Definitions
Aiding Party means the Party supplying Resources to a Requesting Party.

Authorized Designee means a Party's employee that is authorized to request aid or supply
aid under this Agreement.
Backfill Costs means the compensation of the Aiding Party's replacement personnel who
perform the regular duties of other personnel who are deployed to supply aid to a Requesting
Party under this Agreement.
Costs mean the actual expenditures of funds by a Party supplying aid, including Backfill
Costs and Indirect Costs.
Equipment means mechanical equipment and vehicles including but not limited to
automated side loaders, bin/barrel delivery vehicles, front loaders, rear loaders, backhoes, frontend load tractors, pick-up trucks, mobile equipment, trailers, and dump trucks.
Indirect Costs means ten percent (10%) of the total expenditure of funds by the
Aiding Party.
Inventory means non-mechanical equipment and containers including but not limited to
large-volume containers, bins, and roll-off containers
Managing Entity means the City of Avondale, which shall have responsibility for obtaining
signatures and renewals of the Agreement
Minor Damage means scratches, scrapes, or dings to Equipment and Inventory.
Moderate Damage means large dents or other damage requiring significant repairs
before the Equipment and Inventory can be used again for its intended purpose.
Requesting Party means the Party requesting aid in the form of Resources from other
Parties to this Agreement.
Resources means Equipment, Inventory, Supplies and Staff.

Severe Damage means damage requiring either outright replacement or major
reconstruction of the Equipment and Inventory before it can be used again for its intended purpose.
Staff means the employees of the Aiding Party who are qualified, based on training and
experience, and licensed as may be required by State Law and the Federal Motor Carrier Regulations,
to operate the Equipment supplied.
Supplies means items necessary for operations and maintenance by a provider of solid waste
services other than Equipment and Inventory, including but not limited to shovels, brooms, cones,
etc.
2.

Recitals

2.1
The Parties desire to enter into this Agreement pursuant to Ariz. Rev. Stat. §§ 11951, et seq. and the authorization of their respective legislative or other governing bodies, and for
those Parties that are charter cities in accordance with their respective charter.
2.2
The scope of this Agreement is to (i) provide procedures for the Parties to request and
supply Resources for waste collection and transportation aid or other assistance for emergencies (i.e.
storm response clean ups, etc.) to one another; and (ii) provide the process for compensating an Aiding
Party for supplying Resources to a Requesting Party.
3.

Term of Agreement, Adding or Removing Parties, and Extensions

3.1
Term. This Agreement shall be in effect from the Effective Date, which is defined as
July 1, 2026, through June 30, 2031 (the “Term”), and if applicable, the date of any extension as set
forth in this Section 3.
3.2
Adding or Removing a Party. Any Party may terminate its participation in the
Agreement with thirty (30) days’ notice by indicating its intent to terminate in writing and
submitting the written notification to the other Parties. A new party may join this Agreement by
requesting the Managing Entity obtain the consent of the Parties. Upon such consent of the
Participating Entities, a new party may join by its governing body approving an unmodified copy of
this Agreement at any time during the Term or an extension. A new Party shall, within ten (10) days
of approval by its governing body, provide the other Parties with an executed signature sheet. Upon
such approval, the Managing Entity is authorized to incorporate a revised Participating Entities list
at Appendix A, adding the name of the new party.
3.3
Term Extension. The Parties may agree to extend the Term of this Agreement for
one (1) additional term of five (5) years (the “Extension”). Not later than March 1, 2031 (the “Notice
Period”), each Party shall notify the Managing Entity of its desire to extend the Agreement for an
additional five (5) years. The Parties that indicate a desire to extend the Term shall be the
Parties to this Agreement after June 30, 2031. Parties that do not indicate a desire to extend by the
Notice Period will be deemed to have elected to terminate their participation in this Agreement.
Upon completion of the Notice Period, the Managing Entity shall create a new Participating Entities
list at Appendix A for the Extension. Subsequent extensions of the Term shall require an
2

amendment to this Agreement pursuant to Section 11 below.
4.

Procedure for Requesting and Supplying Aid

4.1
Requesting Aid. A Requesting Party that needs aid or assistance in excess of or to
supplement its own Resources to respond to an emergency may request aid from any Party to this
Agreement. Requests for aid shall identify (i) the basis or need for Resources, (ii) the Resources
needed, and (iii) the estimated period of time during which such mutual aid shall be required. A
Party’s Authorized Designee shall be the contact person when a Requesting Party requires mutual
aid.
4.2
Responding to Request for Aid. After a Party receives a request for aid or assistance,
the Party’s Authorized Designee will promptly evaluate whether it is able to supply the Requesting
Party with Resources. After evaluating the request, the Authorized Designee shall promptly inform
the Requesting Party of its decision to supply or not supply the Resources requested. If the
Authorized Designee fails to respond to the Requesting Party within forty-eight (48) hours, the request
for aid or assistance will be deemed denied.
4.3
Supplying Aid. To the extent the Aiding Party is able to supply the Requesting Party
with Resources, the Authorized Designee will promptly inform the Requesting Party of: (i) the type
and quantity of Resources it can supply; (ii) the approximate arrival time of those Resources; (iii)
any special requirements the Requesting Party will need to utilize the Resources; and (iv) any
variations from the reimbursement provisions of this Agreement for said Resources.
4.4
Discretion of the Party. In all instances, the Aiding Party shall render such mutual
aid as it is able, taking into consideration the Aiding Party’s commitments and operational obligations
within its own jurisdiction. The Aiding Party shall be the sole judge of what mutual aid it is able to
furnish to the Requesting Party.
4.5
Withdrawing Aid. The Aiding Party’s Authorized Designee may, at any time,
withdraw some or all of its Resources from the Requesting Party by providing twenty-four (24) hours’
notice to the Requesting Party's Authorized Designee before withdrawing the Resources.
5.

Obligations of the Participating Entities

5.1
Each Party shall have its Solid Waste Department Director (or equivalent), or his/her
designee, serve on an informal committee comprised of such representatives of the Parties to this
Agreement. The committee shall:
(i) Meet at least annually to exchange the information required under
Subsection 5.2; and
(ii)

Discuss any changes that may be needed for this Agreement; and

(iii) Identify an Authorized Designee, or the Authorized Designee’s delegate
from each Party, including 24-hour contact information, and maintain relatively current
3

Resource information made available by the Party for mutual aid response;
(iv) Undertake all other responsibilities set forth in this Agreement; and
(v)

Conduct other actions as necessary to implement this Agreement.

5.2.
Available Resources. To expedite the ability to obtain the required insurance,
within sixty (60) days of the Effective Date, and at least annually thereafter, each Party shall send to
the other Parties’ designated committee members a list of its available Inventory and Equipment that
may be made available by the Parties in implementing this Agreement. The list shall include the
following information:
(i)

Vehicle Identification Number (VIN); and

(ii)

Make/model; and

(iii) Estimated value of the Equipment; and
(iv) Registered owner of the Equipment; and
(v)

Any special license or certification required to operate the Equipment; and

(vi) Size of the trailer, if any, necessary to transport the Equipment.
5.3
Damage to Resources. The Requesting Party agrees that it will be responsible for
any Minor Damage, Moderate Damage, or Severe Damage, including theft of Resources or fire
damage, as well as any regular maintenance required to said Equipment and Inventory while in its
care. A joint inspection will be conducted by the Requesting Party and Aiding Party at the time of
pickup and drop-off of the Equipment and Inventory.
(i) Any repairs for Minor Damage or Moderate Damage shall be approved by the
Aiding Party prior to the start of the repair of the Equipment and Inventory.
(ii) Equipment and Inventory with Severe Damage must be returned to the Aiding
Party for reconstruction or replacement, at the Requesting Party's cost.
(iii) Report to Aiding Party any damages or repairs within 24 hours.
5.4
Use of Equipment. Subject to Subsection 5.4(ii) below, the Parties agree that only
the Requesting Party’s employees or the Aiding Party’s employees are permitted to operate the
Equipment supplied by an Aiding Party. No third parties are permitted to operate the Equipment.
(i) Regardless of whether the Equipment will be operated by employees of the
Requesting Party or Aiding Party, the Parties agree that the employee operating the
Equipment will be qualified, based on training and experience, and licensed as may be
required by State Law and the Federal Motor Carrier Regulations, to operate said Equipment.
4

(ii) Each Party shall inform the other Party if only that Party’s employees may
operate Equipment supplied by said Party.
5.5
No Duty to Assist. Execution of and participating in this Agreement does not create
a duty for any Party to provide aid or assistance to another. When a Party receives a request for
assistance, the Authorized Designee will have absolute discretion to determine (i) whether
Resources are available, and (ii) whether to aid the Requesting Party. An Authorized Designee's
decisions on the availability of Resources and whether to provide the requested assistance will be
final and not subject to legal challenge.
6.

Reimbursement Procedures

6.1 Notice to Request Reimbursement. The Aiding Party must inform the Requesting Party
of its intention to be reimbursed for its Costs before supplying Resources to the Requesting Party.
Failure to do so shall prevent the Aiding Party from requesting reimbursement of its Costs from the
Requesting Party for the time period beginning when the Resources are provided and ending on the
actual date of notice of intent to be reimbursed. Notwithstanding the preceding herein, there is a
presumption of Cost reimbursement for (i) any Equipment provided for in excess of five (5)
business days; and (ii) Inventory or Supplies that are consumed through use by the Requesting Party,
unless otherwise agreed between the Requesting Party and the Aiding Party in writing.
6.2
Timely Notification. If the Aiding Party timely informs the Requesting Party of its
intention to be reimbursed for its Costs for the supplied Resources, the Requesting Party shall
reimburse the Aiding Party for all Costs when any mutual aid requested is supplied.
(i) The Requesting Party shall reimburse the Aiding Party after receipt of an itemized
invoice and documentation of all allowable costs of labor, equipment, and materials. The
Parties will use equipment rates based on the Federal Emergency Management Agency's
(FEMA) Schedule of Equipment Rates unless otherwise agreed in advance in writing.
(ii) In the event the Resources to be supplied are not included in the schedule of
FEMA equipment rates, the Aiding Party must provide such rates for those particular
Resources in writing to the Requesting Party and the Parties must mutually agree, in writing,
to those rates prior to the Resources being supplied.
6.3
Reimbursements for Damage. While Resources are in the care, custody, and control
of the Requesting Party, the Requesting Party shall be responsible for any physical damage or loss to
the Resources as set forth in Subsection 5.3 above, normal wear and tear excepted. The Requesting
Party shall be solely responsible for all safety inspections of any Resources during the period of use.
6.4
Expendable or Non-Returnable Reimbursements. Notwithstanding any other
provision of this Agreement, the Requesting Party must reimburse the Aiding Party in kind or at
actual replacement cost, plus handling charges, for use of expendable or non-returnable Supplies.
The Aiding Party will not charge direct fees or rental charges to the Requesting Party for other
Supplies and reusable items that are returned to the Aiding Party in a clean, damage-free condition.
The Aiding Party and the Requesting Party will treat reusable Supplies that are returned to the Aiding
5

Party with damage as expendable Supplies for purposes of Costs reimbursement.
6.5
Receipt of Invoices and Payments. The Aiding Party must provide an itemized invoice
to the Requesting Party for all Costs and expenses it incurred as a result of providing assistance under
this Agreement. The Aiding Party will submit the itemized invoice to the Requesting Party no later than
ninety (90) days following the end of the period of assistance. The Requesting Party will pay the full
amount due no later than forty-five (45) days following the invoice date. Any amount that the
Requesting Party leaves unpaid after forty-five (45) days will accrue interest at the statutory annual
interest rate of ten 10% pursuant to Ariz. Rev. Stat. § 44-1201.
6.6
Disposal Site Billing. Both the Requesting Party and the Aiding Party must provide
notice to all potential disposal sites that the Equipment is being used by the Requesting Party to
ensure proper billing.
7.

Indemnification

Each Party (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party
(as “Indemnitee”) from and against any and all claims, losses, liability, costs or expenses (including
reasonable attorney’s fees) (hereinafter collectively referred to as “claims”) arising out of bodily
injury of any person (including death) or property damage, but only to the extent that such claims
result in vicarious or derivative liability to the Indemnitee, and are caused by the act, omission,
negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees
or volunteers. This indemnification shall survive termination of this Agreement or the termination
of the participation of any Party.
8.

Worker’s Compensation Claims

Each Party will be responsible for any injuries which may occur to its own Staff during the
course of rendering mutual assistance pursuant to this Agreement. In accordance with Ariz. Rev.
Stat. § 23-1022, each Party will be deemed the primary employer and will have sole
responsibility for the payment of workers’ compensation benefits to its respective Staff. Each
Party will comply with the notice provisions of Ariz. Rev. Stat. § 23-1022(E). A PARTY MAY
SELF INSURE FOR WORKER’S COMPENSATION.
9.

Notice of Claim or Suit

A Party who becomes aware of a claim or suit that in any way, directly or indirectly,
contingently or otherwise, affects or might affect other Parties of this Agreement will provide
prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves
the right to participate in the defense of such claims or suits as necessary to protect its own interests.
10.

Insurance

Each Party will bear the risk of its own actions, as it does with its operations, and determine
for itself what kinds of insurance, (including self-insurance), and in what amounts, it should carry.
6

Nothing herein will act or be construed as a waiver of any sovereign immunity or other exemption
or limitation on liability that a Party may enjoy.
11.

Amendment

This Agreement may be modified only by a written amendment approved by the governing
body of each Party.
12.

Dispute Resolution

12.1. The Parties agree that, notwithstanding the existence of a dispute between or
amongst the Parties, insofar as is possible under the terms of this Agreement, each Party shall
continue to perform the obligations that are required of it and that are not related to the dispute.
12.2. This Agreement shall not be construed or interpreted to prohibit a Party from seeking
injunctive relief for the preservation of property.
12.3. In the event of a dispute, the Parties agree to use arbitration to the extent required
under Ariz. Rev. Stat. § 12-133 and Ariz. Rev. Stat. § 12-1518, except as detailed below in
Subsection 12.4.
12.4. Salt River Pima-Maricopa Indian Community Disputes. Disputes arising out of this
Agreement between the Salt River Pima-Maricopa Indian Community (“SRPMIC”) and any other
Party shall exclusively be addressed as set forth in this Subsection 12.4. SRPMIC and the applicable
Party agree to try and resolve any dispute arising out of this Agreement first by informal meetings.
If informal meetings fail to resolve the dispute, the Parties agree to try and resolve the dispute
through mediation. If mediation is unsuccessful, then the Parties agree that they shall resolve the
dispute through arbitration in accordance with the then current Rules of Commercial Arbitration of
the American Arbitration Association or any successor organization. In the event of a conflict
between this Agreement and the AAA Rules, this Agreement shall govern.
(i) Mediation. The Party desiring to initiate the mediation process shall give
written notice to that effect to the other Party and in such written notice, include a brief
statement of its claims. Within 10 days of the notice of intent to mediate, SRPMIC and the
applicable Party shall meet for the purpose of attempting to jointly select a mediator to serve
in the matter. The mediation proceeding shall be held within 60 days of the appointment of
the mediator. The applicable Parties shall bear the cost of such mediation equally between
them.
(ii) Arbitration. In the event of failure of mediation, the applicable Parties shall
proceed to arbitration, except that if the parties are unable to jointly agree on an arbitrator,
then each party shall select a representative generally recognized for ability in
mediation/arbitration in the State of Arizona, and the representatives select a third such
person to serve as arbitrator. The arbitration proceeding shall be held within 60 days of the
7

selection of the arbitrator. The arbitrator shall render his or her decision within 30 days after
the conclusion of the arbitration proceeding. Any arbitration conducted pursuant to this
Subsection 12.4 shall be final and binding upon the applicable Parties. The prevailing Party
in such arbitration shall be entitled to file the decision and award with the United States
District Court in Phoenix, or if the United States District Court lacks jurisdiction, then in the
Maricopa County Superior Court, and have judgment rendered thereon in accordance with
applicable law. The prevailing Party shall be entitled to all costs incurred in connection with
the arbitration proceeding, including its reasonable attorneys' fees, the arbitrator's fees,
witness fees and other costs as determined by the arbitrator.
(iii) General Considerations. The time periods prescribed in this Subsection 12.4
may be shortened or extended by mutual written agreement. All provisions of this Agreement
not in dispute shall be observed and performed without interruption during the pendency of
the procedures specified in this Subsection 12.4. SRPMIC does not waive, limit or modify
its sovereign immunity from unconsented suit, except as specifically provided in this
Subsection 12.4. SRPMIC hereby grants a limited waiver of sovereign immunity for the sole
purpose of authorizing an arbitration proceeding as described above and to bring a judicial
action in the United States District Court in Phoenix or, if the United States District Court
lacks jurisdiction, in the Superior Court of Maricopa County, Arizona, for the enforcement
of an arbitration decision (or failure to submit to arbitration, if applicable) authorized under
and related to this Agreement. This limited waiver of sovereign immunity does not consent
to or authorize a judicial action for damages against SRPMIC other than the enforcement of
arbitration decisions (which includes specific performance of the provisions of an arbitration
decision).
13.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State
of Arizona applicable to contracts executed and intended to be performed entirely within the State
of Arizona by residents of the State of Arizona. Any action at law, suit in equity or judicial
proceeding for the enforcement of this Agreement or any provision therefore shall be instituted only
in the courts. of Maricopa County, Arizona.
14.

Severability

If any provision of this Agreement is declared void or unenforceable by a court of competent
jurisdiction, the provision shall be severed from this Agreement, which shall otherwise remain in
full force and effect if the remaining provisions permit the Parties to obtain the practical benefits of
this Agreement. If any law or court of competent jurisdiction prohibits or excuses any Party from
undertaking any contractual commitment to perform any act under this Agreement, this Agreement
shall remain in full force and effect, but the provisions requiring such action shall be deemed to
permit the Party to take such action at its discretion, if such a construction is permitted by law. In
accordance with the provisions of Ariz. Rev. Stat. § 41-194.01, should the Attorney General give
notice to any Party that any provision of this Agreement violates state law or the Arizona
Constitution, or that it may violate a state law or the Arizona Constitution, and the Attorney General
8

submits the offending provision to the Arizona Supreme Court, the offending provision(s) shall be
immediately severed and struck from this Agreement and the Parties shall, within ten (10) days after
such notice, negotiate in good faith to resolve any issues related to the severed provision(s). If the
Parties are unable to negotiate a resolution to any issues related to the severed provision(s), the
Parties may terminate this Agreement in accordance with the provisions hereof.
15.

Headings

Section headings are inserted in this Agreement solely for convenience and the section
headings shall not by themselves alter, modify, limit, expand or otherwise affect the meaning of any
provision of this Agreement.
16.

Compliance with federal immigration laws

To the extent applicable under Ariz. Rev. Stat. § 41-4401, the Parties warrant compliance
with all federal immigration laws and regulations that relate to their employees and compliance with
the E-Verify requirements under Ariz. Rev. Stat. § 23-214(A). Failure by any Party to comply
with such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement. To the extent authorized· under Ariz. Rev. Stat. § 44-4401, each
Party shall have the right to inspect the papers of each of the others, their subcontractors, or any
employee of either who performs work hereunder for the purpose of ensuring that the other party or
subcontractor is in compliance with the warranty set forth in this provision.
17.

Non-Appropriation

Notwithstanding any other provision in this Agreement, any Party may withdraw from this
Agreement if for any reason the Party's governing body does not appropriate sufficient monies for
the purposes of this Agreement. In such event, a withdrawing Party will have no further obligation
to the other Parties other than for payment for services rendered prior to withdrawal.
18.

Compliance with Laws

Each Party will comply with all federal, state and local laws, rules regulations, standard and
Executive Orders, without limitation to those designated within this Agreement. The laws and
regulations of the State of Arizona will govern the rights of the Parties, the performance of the
Agreement and any disputes hereunder. Any changes in the governing laws, rules and regulations
during the terms of this Agreement will apply but do not require an amendment of this Agreement.
19.

Jurisdiction

Nothing in this Agreement will be construed as otherwise limiting or extending the legal
jurisdiction of any Party. Nothing in this Agreement is intended to confer any rights or remedies to
any person or entity that is not a Party under this Agreement and no third parties are deemed to be
beneficiaries of this Agreement.
9

20.

Conflict of Interest

This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S.
38-511, the pertinent provisions of which are incorporated herein by reference.
21.

Counterparts

This Agreement may be signed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
22.

Israel

Each Party certifies that it is not currently engaged in and agrees for the duration of this
Agreement that it will not engage in a "boycott," as that term is defined in A.R.S.§ 35-393, of
Israel.
23.

Forced Labor

Each party certifies that it is not currently engaged in, and agrees for the duration of this
agreement that it does not use the forced labor of ethnic Uyghurs in the People's Republic of China;
any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of
China; any contractors, subcontractors or suppliers that use the forced labor or any goods or services
produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
[APPENDIX A AND SIGNATURES ON FOLLOWING PAGES]

10

Appendix A
List of Participating Entities

1. City of Avondale
2. City of Glendale
3. Town of Gilbert
4. City of Mesa
5. City of Peoria
6. City of Phoenix
7. Town of Queen Creek
8. Salt River Pima-Maricopa Indian Community
9. City of Scottsdale
10. City of Surprise
11. City of Tempe

11

CITY OF AVONDALE, a municipal corporation:

Ron Corbin, City Manager
Date:
ATTEST:
______________________________
Marcella Sarmiento, City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Avondale.
______________________________
Nicholle Harris, City Attorney

12

CITY OF GLENDALE, a municipal corporation:
By:
Title:
Date:

ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Glendale.
______________________________
Michael Bailey, City Attorney

13

TOWN OF GILBERT, a municipal corporation:

By:
Title:
Date:

ATTEST:
______________________________
Town Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the Town of Gilbert.
______________________________
Chris Payne, Town Attorney

14

CITY OF MESA, a municipal corporation:

By:
Title:
Date:

ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Mesa.
______________________________
City Attorney

15

CITY OF PEORIA, a municipal corporation:

By:
Title:
Date:

ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Peoria.
______________________________
Emily Jurmu, City Attorney

16

CITY OF PHOENIX, a municipal corporation:

By:
Title:
Date:
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Phoenix.
______________________________
Julie Kriegh, City Attorney

17

TOWN OF QUEEN CREEK, a municipal corporation:
By:
Title:
Date:
ATTEST:
______________________________
Town Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the Town of Queen Creek.
______________________________
Clifford Mattrice, Town Attorney

18

SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY, a tribal nation:
By:
Title:
Date:

ATTEST:
______________________________
Secretary
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the Salt River Pima-Maricopa Indian Community.
______________________________
Legal Counsel

19

CITY OF SCOTTSDALE, a municipal corporation:
By:
Title:
Date:

ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Scottsdale.
______________________________
Luis Santaella, City Attorney

20

CITY OF TEMPE, a municipal corporation:
By:
Title:
Date:
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Tempe.
______________________________
Eric Anderson, City Attorney

21

CITY OF SURPRISE, a municipal corporation:
By:
Title:
Date:
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM and within
the power and authority granted under
the laws of Arizona to the City of Surprise.
______________________________
Jeffrey Murray, City Attorney

22

CITY COUNCIL REPORT
ITEM NUMBER:

4.e.

SUBJECT:

Resolution 1072-1126 - Authorizing Execution of the Arizona Mutual Aid Compact

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Larry Rooney, Chief

THROUGH:

Renee Weatherless, Assistant City Manager, (623) 333-1017

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Community Well-Being
Avondale is a city where all people feel safe, supported, and connected to resources that promote and
enhance their well-being. The City prioritizes public safety, natural resources, healthcare, and wellness while
promoting mental, physical, and emotional health for all to enjoy an enriching quality of life.

PURPOSE:
City Council will consider a request to: a) adopt Resolution 1072-1126, authorizing the City of Avondale to
execute and participate in the Arizona Mutual Aid Compact administered by the Arizona Department of
Emergency and Military Affairs, a statewide inter-governmental agreement for reciprocal provision of
emergency response resources (fire, police, medical, environmental, communication, transportation) with a
term of ten years through December 31, 2033; b) authorize and direct staff to take all steps necessary to cause
the execution of documents related to the compact and to take all steps necessary to carry out the purpose
and intent of this Resolution; and c) authorize the Mayor or City Manager, City Attorney and City Clerk to
execute the necessary documents. The Council will take appropriate action.
BACKGROUND:
The Arizona Mutual Aid Compact (AZMAC) is a statewide inter-governmental mutual aid framework
administered by the Arizona Department of Emergency and Military Affairs (DEMA/EM). AZMAC enables
Arizona state agencies, tribal nations, and political subdivisions to request and provide emergency response
resources during declared emergencies. Resources covered include fire, police, medical and health,
environmental, communication, and transportation services. The compact operates on a cost-reimbursement
basis: requesting parties reimburse providing parties 100% of all documented costs incurred. Participation is
voluntary; each party retains sole discretion to decline requests based on available resources and operational
needs. The compact term is ten years (through December 31, 2033) and may be terminated by either party
with 20 days written notice. Avondale's authorized emergency contacts are Aaron Glass, D.C. of Emergency
Management (Primary); Larry Rooney, Fire Chief (Alternate); and Justin Ernst, Assistant Fire Chief (Alternate).
DISCUSSION:
Participation in AZMAC strengthens Avondale's emergency response capabilities by establishing pre-

negotiated terms and procedures for requesting mutual aid from neighboring jurisdictions during emergencies
that exceed local resources. Execution of AZMAC is required for compliance with Federal Emergency
Management Agency (FEMA) Emergency Management Performance Grant (EMPG) planning requirements.
The compact creates no obligation to provide resources beyond Avondale's operational capacity and
establishes clear reimbursement procedures for all assistance rendered.
BUDGET IMPACT:
No appropriation required. Costs apply only when Avondale requests resources from other jurisdictions. All
costs are reimbursable by the requesting party to the providing party in accordance with compact terms. No
state funding is provided.
RECOMMENDATION:
Staff recommends that City Council: a) adopt a Resolution authorizing the City of Avondale to execute and
participate in the Arizona Mutual Aid Compact administered by the Arizona Department of Emergency and
Military Affairs, a statewide inter-governmental agreement for reciprocal provision of emergency response
resources (fire, police, medical, environmental, communication, transportation) with a term of ten years through
December 31, 2033; b) authorize and direct staff to take all steps necessary to cause the execution of
documents related to the compact and to take all steps necessary to carry out the purpose and intent of this
Resolution; and c) authorize the Mayor or City Manager, City Attorney and City Clerk to execute the necessary
documents.
Contact person for document distribution: Aaron Glass, Tori Osmundson, Veronica Martinez, Irma Gonzales

RESOLUTION NO. 1072-1126
A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, APPROVING THE ARIZONA MUTUAL AID COMPACT WITH
THE STATE OF ARIZONA AND OTHER SIGNATORIES RELATING TO
PROVISION OF MUTUAL AID IN TIMES OF EMERGENCY.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF AVONDALE as follows:
SECTION 1. The Arizona Mutual Aid Compact with the Arizona Division of Emergency
Management and other signatories relating to provision of mutual aid in times of emergency (the
“Agreement”) is hereby approved in substantially the form and substance attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the City Manager, the City Clerk, and the City Attorney are
hereby authorized and directed to cause the execution of the Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED AS TO FORM:

Nicholle Harris, City Attorney

EXHIBIT A
TO
RESOLUTION NO. 1072-1126
[Agreement]
See following pages.

ARIZONA MUTUAL AID COMPACT
This Compact was made and entered into by and among the signatory Parties, including the
State of Arizona, through the Emergency Management Division of the Arizona Department of
Emergency and Military Affairs (DEMA/EM).

Recitals
WHEREAS one or more Parties may find it necessary to utilize all of their own resources to cope
with emergencies, and may require the assistance of another Party or other Parties; and,
WHEREAS it is desirable that all resources of all Parties be available to all other Parties on preestablished terms, in order to respond to such emergencies; and,
WHEREAS it is desirable that each of the Parties should assist one another when such
emergency occurs by providing such resources as are available and needed, including, but not
limited to, fire, police, medical and health, environmental, communication, and transportation
services to cope with the problems of response; and,
WHEREAS it is desirable that a compact be executed for the interchange of such mutual aid;
and,
WHEREAS it is desirable to utilize this Compact in exercising adopted emergency plans; and,
WHEREAS it is desirable that the manner of financing of such cooperative undertakings be
resolved in advance of such emergency.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the Parties as follows:

2024 Version

1

COMPACT
1.

Purpose.
The purpose of this Compact is to establish emergency management terms and
procedures for participating Parties to provide mutual aid assistance to any affected area in
accordance with local ordinances, resolutions, emergency plans, or agreements. This Compact
shall be construed in accordance with all applicable laws.
2.

Scope.
The Scope of this Compact is to (1) provide the procedures to notify the Providing Parties
of the need for emergency assistance; (2) identify available resources; and (3) provide a
mechanism for compensation for resources.
3.

Definitions.
•

Automatic Mutual Aid means the dispatch and response of requested resources
without incident-specific approvals under an agreement separate from this
Compact. These agreements are usually basic contracts; some may be informal
accords.

•

Compact means this document, the Arizona Mutual Aid Compact (AZMAC).

•

Director means the Director of the Emergency Management Division of the
Arizona Department of Emergency and Military Affairs (DEMA/EM).

•

Emergency or Emergencies means any disaster or contingency situation that
requires a collaborative effort among multiple Parties.

•

Local Mutual Aid Agreements are separate agreements between Parties and/or
other entities that involve a formal request for assistance.

•

Party and Parties refers to any entity(ies) that have signed this Compact. All state
agencies, tribal nations, and political subdivisions in the State of Arizona are
eligible to sign this Compact as Parties.

•

Political Subdivision means any county, incorporated city or town, or school
district, community college district, or other tax-levying public district.

•

Providing Party means the Party rendering aid under this Compact to another
Party in the event of an emergency.

•

Requesting Party means the Party seeking aid under this Compact from another
Party in the event of an Emergency.

•

Self-deploy refers to the act of a Party responding to another Party’s emergency
without being requested by the affected Party.

2

4.

Guiding Framework.
Unless otherwise expressly agreed to in writing by a Providing Party and a Receiving Party
in a separate agreement, the Parties agree to interpret the language of the Compact as operating
consistently with:
•

Arizona Revised Statute (A.R.S.), Title 26, Military Affairs and Emergency
Management.

•

Arizona Administrative Code (A.A.C.), Title 8, Chapter 2, Article 3 (addressing the
Governor’s Emergency Fund).

•

National Incident Management System (NIMS), 2017.

5.

Procedures for Requesting Assistance.
Any Party experiencing an emergency may request assistance from any other Party under
this Compact. However, when making such requests, consideration should be given to the
geographical proximity of the other Parties from which assistance is being requested. All requests
for assistance from the State must be coordinated through the Requesting Party’s county
emergency manager or tribal emergency manager, whichever is applicable.
Any request for assistance must specify:
1. What the emergency is.
2. The amount and type of resources needed.
3. The estimated period during which such mutual aid is required.
Parties must use the Resource Request form provided in Appendix A. Additionally, it is
recommended that Parties utilize WebEOC to track requests.
6.

Providing Party's Assessment of Availability of Resources and Ability to Render
Assistance.
In all instances, the Providing Party shall render such mutual aid as it is able to provide
consistent with its own service needs at the time, taking into consideration the Providing Party's
existing commitments within its own jurisdiction. The Providing Party shall be the sole judge of
what mutual aid it has available to furnish to the Requesting Party pursuant to this Compact.
7.

Implementation Plan.
Each Party that plans on retaining or seeking eligibility to receive Emergency
Management Performance Grant (EMPG) funds must have an emergency operations plan that
includes a process to provide for the effective mobilization of its resources, both public and
private, including acceptance of mutual aid to provide or receive assistance under this Compact,
and must provide a copy of its most current plan to DEMA/EM Grants Administration upon
request.
8.

Contact List.
Each Party shall develop a contact list as outlined in Appendix B, which shall be provided
to the Director to make available to all other Parties. A minimum of two contacts, preferably
3

three, must be provided in Appendix B. A Party may update its contact information, at any time,
by providing the updated contact information in writing to the Director, who shall make available
the updated contact information to all other Parties. The contact list should be updated
periodically, when necessary (i.e., personnel change).
9.

Reimbursement Procedures between Parties.
If the Providing Party desires reimbursement for the assistance it is providing, the
Requesting Party shall reimburse the Providing Party for one hundred percent (100%) of all costs
incurred, and as agreed to, within the mutual assistance compact, whether an emergency has
been declared or not. The Providing Party must declare its intent to seek reimbursement as part
of its response to the Requesting Party's request for assistance (see Appendix A). The Providing
Party and the Requesting Party shall agree upon allowable costs, both actual and estimated, for
mutual assistance prior to the dispatch of any mutual assistance resources. In the event that the
agreement includes reimbursement of all agreed to activities by the Providing Party, the
Providing Party must submit a claim for all costs incurred during the execution of the mission
assignment to the Requesting Party. The claim must include copies (no original documents) of all
documentation to support their claim of reimbursement, including but not limited to timecards,
payroll reports, fringe benefits information, pay policies, vehicle/daily logs, maintenance records,
equipment lists, invoices, contracts, receipts, procurement policies, inventory reports, proofs of
payments, insurance policies, rental agreements, etc.
The Requesting Party shall reimburse the Providing Party for all sufficiently documented
submitted costs, as agreed to, regardless of the existence of a State Declaration or a State-Level
Emergency, or a federal Emergency or Major Disaster Declaration.
Self-deployed resources will not be reimbursed under this Compact.
10.

Reimbursement Procedures from the State or Federal Government.
The Providing Party shall be reimbursed for costs associated with this Compact by the
Requesting Party only. The Providing Party is not eligible for reimbursement from the State or
federal government under the terms of this Compact; eligibility for reimbursement from the
State or federal government is determined solely by state and/or federal laws and policies.
Additionally, neither the State nor the federal government is liable for any claim arising from an
emergency for which the applicant receives funds from another source.
Costs and work performed by the Providing Party may, or may not, be reimbursable by the State
or federal government, if submitted by the Requesting Party for reimbursement under a State
Declaration for a State-Level Emergency, or federal Emergency, or Major Disaster declaration.
Regardless of eligibility for reimbursement from the State or the federal government under a
State Declaration for a State-Level Emergency, or federal Emergency or Major Disaster
declaration, the Requesting Party shall fully reimburse the Providing Party’s claim, providing all
requirements are met. Failure to fully reimburse claims may establish a history of non-payment
of AZMAC claims and may disqualify a Requesting Party from being able to be reimbursed under
future State Declaration for a State-Level Emergency, or federal Emergency, or Major Disaster
4

declaration events.
11.

Personnel Compensation and Insurance.
Except to the extent that reimbursement is separately agreed to, the Requesting Party
and the Providing Party each shall be responsible for all compensation of their respective
employees and insurance coverage for their respective equipment.
12.

Immunity.
Notwithstanding the indemnification provision set forth below, the Parties shall have
such immunity as provided by applicable state, federal, or tribal law.
13.

Indemnification.
To the extent permitted under applicable laws, each Party (as "Indemnitor") agrees to
defend, indemnify, and hold harmless the other Party (as "Indemnitee") from and against any
and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees)
(hereinafter collectively referred to as "Claims") arising out of bodily injury of any person
(including death) or property damage, but only to the extent that such Claims are caused by
negligent act or omission or other fault of the Indemnitor, its officers, officials, agents,
employees, emergency workers, or volunteers. If a Claim or Claims become subject to this
indemnity provision, the Parties in question shall expeditiously meet to discuss a common and
mutual defense, including proportional liability and payment of possible litigation expense and
money damages. Notwithstanding the foregoing, nothing herein shall be construed to modify
the gross negligence standard applicable to each Party under the law applicable to that Party.
Should a Party to this Compact use a contractor for any purpose, that Party must ensure that its
contractor(s) (and all of their subcontractors and materials suppliers, regardless of their degree
of removal from the Party’s contractor) are required to abide by the insurance requirements
which are set forth in Appendix C. The obligations under this Section shall survive termination of
this Compact.
14.

Term.
This Compact shall terminate ten years after the effective date or until participation in
this Compact is terminated by the Party. The 2014 Compact shall cease to be effective as of
midnight Arizona time on the evening of December 31, 2023, and this Compact shall go into
effect immediately thereafter for all Parties that have signed this Compact before that date and
time. This Compact shall continue in effect until midnight Arizona time on the evening of
December 31, 2033.
15.

Effect of Termination by a Party.
The termination by one or more of the Parties of its/their participation in this Compact
shall not affect the operation of this Compact as between the other Parties. The Director shall
identify on DEMA’s website, with updates as needed, all Parties to this Compact.

5

16.

Compliance with Laws.
Each Party shall comply with all federal, tribal, state, and local laws, rules, regulations,
standards, and Executive Orders, as applicable, without limitation to those designated within this
Compact. Any changes in such laws, rules and regulations during the terms of this Compact shall
apply without the need to amend this Compact.
17.

Workers’ Compensation.
Each Party shall maintain Workers' Compensation insurance coverage on all of its own
employees providing services pursuant to this Compact.
18.

Insurance.
Except as expressly provided in this Compact, each Party shall bear the risk of its own
actions, as it does with all its operations, and shall determine for itself an appropriate level of
insurance coverage and maintain such coverage. Nothing in this Compact shall be construed as
a waiver of any limitation on liability that may apply to a Party.
Non-Appropriation.
Every payment obligation of each of the Parties under this Compact is conditioned upon
the availability of funds appropriated and allocated for the payment of such obligation. If a
Party’s funds are not appropriated, allocated, and available or if the appropriation is changed by
the legislature or other governing body resulting in funds no longer being available for the
continuance of that Party’s participation in this Compact, that Party may terminate its
participation in this Compact as of the end of the period for which funds are available by
providing written notice in advance to the Director. No liability shall accrue to the Party in
question in the event this provision is exercised, and that Party shall not be obligated or liable
for any future payments or for any damages as a result of termination under this paragraph.
19.

20.

No Third-Party Beneficiaries.
Nothing in this Compact confers any rights or remedies to any person or entity that is not
a Party. Nothing in this Compact affects the legal liability of any Party to this Compact by imposing
any standard of care different from the standard of care imposed by law.
21.

Entire Compact.
This document constitutes the entire Compact between the Parties pertaining to the
subject matter hereof. This Compact shall not be modified, amended, or altered.
22.

Jurisdiction.
Nothing in this Compact shall be construed as otherwise limiting or extending the legal
jurisdiction of any Party.
23.

Conflict of Interest.
If applicable to the Party in question, that Party may terminate its participation in this
Compact, without penalty or further obligation, if any person significantly involved in initiating,
negotiating, securing, drafting, creating, or executing this Compact on behalf of the Party is, at
6

any time while this Compact or any extension is in effect, an employee, agent or consultant of
another Party with respect to the subject matter of this Compact.
24.

Supervision and Control.
Management of an emergency shall remain with the Party originally responsible for
responding to the emergency. From the time of arrival to the time of departure at the emergency
scene, the Providing Party shall be considered for all purposes to be under the direction and
control (other than for the purposes of Workers’ Compensation, as provided in Section 17 of this
Compact) of the Requesting Party. In proceeding to and returning from the emergency scene,
the Providing Party shall not be under the direction and control of the Requesting Party.
Supervision and control of Providing Parties' personnel and equipment shall be in accordance
with the National Incident Management System. All equipment and personnel used pursuant to
this Compact shall be returned to the Providing Party upon being released by the Requesting
Party or on demand of the Providing Party for such return.
25.

Severability: Effect on Other Agreements.
It is expressly understood that this Compact shall not supplant existing agreements
between any of the Parties that provide for the exchange or furnishing of goods and/or service.
26.

Severability.
If any provision of this Compact is held to be invalid or unenforceable, the remaining
provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

27.

Responsibility of the Department of Emergency and Military Affairs.
Nothing in this Compact limits or restricts the legal duties and obligations of DEMA/EM
when responding to the emergency of any Party.
28.

Execution Procedure.
Execution of this Compact shall be as follows:
This Compact, which will be designated as "ARIZONA MUTUAL AID COMPACT," shall be
executed in counterparts by the governing body of each Party. Upon execution, the counterpart
will be provided to the Director. This Compact will be effective between all Parties that execute
this Compact even if it is not executed by all eligible entities.
29.

Termination.
Termination of participation in this Compact by any Party may be affected by that Party
as follows:
Notice of termination will be given to the Director 20 days prior to termination. Any Party
may, by resolution of its governing body or person, terminate its participation in this Compact by
providing a copy of such resolution to the Director. The Parties understand and acknowledge that
a Party’s participation in this Compact may be subject to cancellation or termination by that Party
pursuant to the terms of this Compact, or pursuant A.R.S. § 38-511, or applicable tribal law.
Pursuant to the provisions of A.R.S. § 11-952(B)(4), in the event of termination by a Providing
Party or a Requesting Party, any property belonging to such Party shall be returned to that Party.
7

30.

Dispute Resolution.
The Parties to this Compact agree to resolve all disputes arising out of or relating to this
Compact through arbitration, after exhausting applicable administrative review, to the extent
required by law.
31.

Record Retention.
Each Party shall retain all records relating to this Compact for a period of five (5) years
after the expiration of its term. All records shall be subject to review and copying by any other
Party that participated in the emergency response to which such records relate (including such
entities that are former Parties whose participation in this Compact was terminated within the
five years preceding a request to review and copy) at reasonable times.
32.

Forced Labor of Ethnic Uyghurs.
To the extent applicable under A.R.S. § 35-394, each Party warrants and certifies that it
does not currently, and agrees that it will not for the duration of this Compact, use the forced
labor, any goods or services produced by the forced labor, or any contractors, subcontractors, or
suppliers that use the forced labor or any goods or services produced by the forced labor of
ethnic Uyghurs in the People’s Republic of China. If a Party becomes aware that it is not in
compliance with this paragraph, it shall notify all other Parties of the noncompliance within five
business days of becoming aware of it. If the offending Party fails to provide a written
certification that it has remedied the noncompliance within 180 days after that, said Party’s
participation in this Compact shall terminate unless the termination date of this Compact occurs
before the end of the remedy, in which their participation will terminate on the Compact’s
termination date.
33.

Counterparts.
This Compact may be executed simultaneously or in counterparts, each of which
constitutes an original, but all of which together constitute one and the same agreement.

8

Arizona Mutual Aid Compact
Signature Page

(NAME OF PARTY)
IN WITNESS WHEREOF, the Party below hereby signs this Arizona Mutual Aid Compact
signature page. The signor warrants that he or she has been duly authorized to commit the Party
named to participate in this Compact by formal approval of the Party's governing body or person.

(Signing Authority)

Date:

(Attesting Authority)

Date:

ATTEST:

Date of formal approval by governing body:
Pursuant to A.R.S. § 11-952(D) or applicable tribal law, the attorney for the above entity has
determined that the foregoing Compact is in proper form and is within the powers and
authority of the entity as granted under the laws of this State and the applicable tribal
government.

(Attorney)

Date:

Appendix A
Arizona Mutual Aid Compact (AZMAC)
Emergency Management Resource Request

Requesting Party:
Point of Contact:
Work:

Cell:

Email:

Requested Resource:
Quantity:
Unit of Measure:
Date/Time Required:

Delivery Location:
Date of Request:
Requesting Party Tracking Number:

1

Mission

Special Instructions
(i.e., delivery instructions, if the resource must come with personnel, fuel, lodging, etc.)

Personnel
Name:
Phone
Number:
Email Address:
Regular Salary/
Hourly Rate:
Regular Fringe
Benefit Hourly:
Overtime
Salary Hourly
Rate:
Overtime
Fringe Benefit
Hourly Rate:

AZMAC APPENDIX A – PAGE 2

Estimated Resource Cost:

Request Forwarded to
Contact Name:
Organization/Agency:
Date/Time of Submission:

Request Approved by:

Date:

(Name, Title, Signature)

Reimbursement

Providing Party Representative Signature

Date:

Requesting Party Representative Signature

Date:

AZMAC APPENDIX A – PAGE 3

Appendix C

Arizona Mutual Aid Compact (AZMAC)
Use of A Contractor

Each Party shall cause all of its contractor(s) and subcontractors performing any service or work
or providing any equipment or material relating to an emergency response undertaken through
this Compact to defend, indemnify, and hold harmless the State of Arizona, all Requesting Parties,
and all Providing Parties participating in responding to the emergency in question under this
Compact, and their respective directors, officers, officials, agents, and employees (hereinafter
referred to as "Indemnitee") from and against any and all claims, actions, liabilities, damages,
losses, or expenses (including court costs, attorneys' fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property caused, or alleged
to be caused, in whole or in part, by the negligent or willful acts or omissions of that Party's
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under the
Workers' Compensation Law or arising out of the failure of such contractor to conform to any
applicable federal, state, tribal or local law, statute, ordinance, rule, regulation, or court decree.
It is the specific intention of the Parties that the Indemnitee shall, in all instances, except for
Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be
indemnified by such contractor from and against any and all claims. It is agreed that such a
contractor will be responsible for primary loss investigation, defense, and judgment costs where
this indemnification is applicable. Nothing herein shall be construed to expand or modify the
gross negligence or immunity standard as set forth in the state, federal, or tribal law applicable
to the Party in issue.
Insurance Requirements for Parties:
None.
Insurance Requirements for Any Contractors Used by a Party to this Compact:
(Note: this applies only to Contractors used by a Party, not to the Party itself.) The insurance
requirements herein are minimum requirements and in no way limit the indemnity covenants
contained in this Compact. The State of Arizona in no way warrants that the minimum limits
contained herein are sufficient to protect the Party or Contractor from liabilities that might arise
out of the performance of the work under this Contract by the Contractor, its agents,
representatives, employees or subcontractors, and Contractor and the Party are free to purchase
additional insurance.
A. Minimum Scope and Limits of Insurance: Contractor shall provide coverage with limits of
1

liability not less than those stated below.
1. Commercial General Liability- Occurrence Form
Policy shall include bodily injury, property damage, personal and adver�sing injury,
and broad form contractual liability.
a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to
include the following additional insured language: "The State of Arizona,
[insert names of the Requesting Party(ies) and Providing Party(ies) in issue],
and their departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of the
Contractor." Such additional insured shall be covered to the full limits of
liability purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
b. The policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not. acceptable) in favor of the "State of Arizona, [insert
names of the Requesting Party(ies) and Providing Party(ies) in issue], and their
departments, agencies, boards, commissions, universities, officers, officials,
agents, and employees" for losses arising from work performed by or on
behalf of the Contractor.
2. Business Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles
used in the performance of this Contract.
•

Combined Single Limit (CSL)

$1,000,000

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to
include the following additional insured language: "The State of Arizona,
[insert names of the Requesting Party(ies) and Providing Party(ies) in issue],
and their departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees shall be named as additional insureds with
respect to liability arising out of the activities performed by or on behalf of the
Contractor, involving automobiles owned, leased, hired or borrowed by the
Contractor". Such additional insured shall be covered to the full limits of
liability purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
b. Policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "State of Arizona, [insert
names of the Requesting Party(ies) and Providing Party(ies) in issue], and their
departments, agencies, boards, commissions, universities and its officers,
AZMAC APPENDIX C – PAGE 2

officials, agents, and employees" for losses arising from work performed by or
on behalf of the Contractor.
c. Policy shall contain a severability of interest provision.
3. Workers’ Compensation and Employers' Liability
•

Workers' Compensation

•

Employers' Liability

Statutory

Each Accident

$1,000,000

Disease - Each Employee

$1,000,000

Disease - Policy Limit

$1,000,000

a. Policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "State of Arizona, [insert
names of the Requesting Party(ies) and Providing Party(ies) in issue], and their
departments, agencies, boards, commissions, universities and its officers,
officials, agents, and employees" for losses arising from work performed by or
on behalf of the Contractor.
B. Additional Insurance Requirements: The policies are to contain, or be endorsed (Blanket
Endorsements are not acceptable) to contain, the following provisions:
1. The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the
State of Arizona, [insert names of the Requesting Part(ies) and Providing
Part(ies) in issue], and their departments, agencies, boards, commissions,
universities and its officers, officials, agents, and employees shall be excess
and not contributory insurance.
2. The Contractor's insurance shall apply separately to each insured against
whom a claim is made, or suit is brought, except with respect to the limits of
the insurer's liability. Coverage provided by the Contractor shall not be limited
to the liability assumed under the indemnification provisions of its Contract
with the other Parties.
C. Notice of Cancellation: With the exception of (10) day notice of cancellation for
non­payment of premium, any changes material to compliance with this Contract in the
insurance policies above shall require (30) days written notice to the [insert names of the
Requesting Party(ies) and Providing Party(ies) in issue].
AZMAC APPENDIX C – PAGE 3

D. Acceptability of Insurers: Contractor’s insurance shall be placed with companies licensed
in the State of Arizona. Insurers shall have an "A.M. Best" rating of not less than A-VII or
be duly authorized to transact Workers' Compensation insurance in the State of Arizona.
The State of Arizona in no way warrants that the above-required minimum insurer rating
is sufficient to protect the Contractor from potential insurer insolvency.
E. Verification of Coverage: Contractor shall furnish the Parties retaining the contractor in
question with certificates of insurance (ACORD form or equivalent approved by the State
of Arizona) as required by this Contract. The certificates for each insurance policy are to
be signed by an authorized representative.
All certificates and endorsements (Blanket Endorsements are not acceptable} are to be
received and approved by the Parties retaining the contractor in question before work
commences. Each insurance policy required by this Contract must be in effect at or prior
to the commencement of work under this Contract and remain in effect for the duration
of the project. Failure to maintain the insurance policies as required by this Contractor or
to provide evidence of renewal is a material breach of contract.
All certificates required by this Contract shall be sent directly to the Parties retaining the
contractor in question.
F. Subcontractors: Contractor's certificate(s) shall include all subcontractors as insureds
under its policies or Contractor shall furnish separate certificates for each subcontractor
to the Party to this Compact that the contractor in question has contracted with. All
coverage for subcontractors shall be subject to the minimum requirements identified
above.
G. Exceptions: In the event the Contractor or subcontractor(s) is/are a public entity, then the
Insurance Requirements shall not apply. Such a public entity shall provide a Certificate of
Self-Insurance. If the contractor or subcontractor(s) is/are a State of Arizona agency,
board, commission, or university then none of the above shall apply.

AZMAC APPENDIX C – PAGE 2

Addendum #1

Arizona Mutual Aid Compact (AZMAC)
Cyber-Related Mutual Aid For Participating Tribal Parties

1.

Purpose.

The purpose of this Addendum #1 (“Addendum”) to the Arizona Mutual Aid Compact is
to define for the participating Parties the Arizona National Guard Cyber Joint Task Force of the
Arizona Department of Emergency and Military Affairs (AZNG-CJTF) terms and procedures which
will be used among the participating Parties for dispatching cyber-related mutual aid assistance
to any affected area in accordance with tribal laws, resolutions, and emergency plans or
agreements. The AZNG-CJTF may work with other applicable State and federal cybersecurity
entities, as needed. Except as expressly stated in this Addendum, all of the terms of the Arizona
Mutual Aid Compact itself apply to this Addendum as if set forth in this Addendum in full.
2.

Scope.

The scope of this Addendum is to (1) identify the available cyber resources of the AZNGCJTF; (2) identify the terms and conditions for Requesting Parties to utilize those resources; and
(3) provide a mechanism for compensation for those cyber resources.
3.

Definitions.

In addition to the definitions listed below, all of the definitions set forth in the Arizona
Mutual Aid Compact shall apply here.
•
•
•
•
•

•

Cyber refers to both information and communications networks.
Cyber Attack means any kind of malicious activity that attempts to collect, disrupt,
deny, degrade, or destroy information system resources or the information itself.
Cyber Emergency means any actual, imminent, or potential cyber-related incident
that will adversely affect public health, safety, or security; the environment; or
economic prosperity on a level materially significant.
Cyber Incident means actions taken through the use of an information system or
network that result in an actual or potentially adverse effect on an information
system, network, and/or the information residing therein.
Cyber Threat means any circumstance or event with the potential to adversely impact
organizational operations (including mission, functions, image, or reputation),
organizational assets, or individuals through an information system via unauthorized
access, destruction, disclosure, modification of information, and/or denial of service.
Also, the potential for a threat-source to successfully exploit a particular information
system vulnerability.
Cybersecurity means prevention of damage to, protection of, and restoration of
computers, electronic communications systems, electronic communications services,
wire communication, and electronic communication, including information contained
1

therein, to ensure its availability, integrity, authentication, confidentiality, and
nonrepudiation.
4.

Types of Assistance.

The AZNG-CJTF offers two types of assistance, (1) vulnerability assessment and (2) cyber
incident response. Vulnerability assessments are pre-emptive examinations of a party’s physical
and electronic safeguards in place protecting the party’s information system or network.
Vulnerability assessments are not done in response to a particular cyber incident. Cyber incident
response is assistance provided following a cyber-attack or intrusion on a party’s information
system or network.
Regardless of whether a party requests AZNG-CJTF assistance to conduct either a
vulnerability assessment or a cyber incident response, AZNG-CJTF assistance is limited to
examinations of relevant physical and electronic security measures for an information system or
network, an outline of AZNG-CJTF identified risks, threats, or breaches that were found as a result
of any examination, and AZNG-CJTF recommendations to either address or minimize any
identified risks, threats, or breaches and how a party could undertake such measures. AZNGCJTF assistance does not include implementing any cyber security recommendation it or its
personnel make, nor does it include directly thwarting or eliminating any ongoing cyber incident.
To request a vulnerability assessment from the AZNG-CJTF,
[email protected]. For cyber incident response, refer to section 5.
5.

contact

Procedures for Requesting Assistance.

All procedures for requesting cyber-related assistance should follow the provisions
outlined below:
1. Notify the DEMA/EM Duty Officer of the incident via phone at (602) 469-3401.
2. Submit a Resource Request into WebEOC detailing:
a. When the Cyber Incident began,
b. what the Indicators of Compromise (IoCs) are,
c. the systems that have been affected (i.e., host machines, servers, other devices),
d. the steps that have been taken, and
e. what assistance is being requested.
Additionally, prior to any cyber-related assistance is provided, the Requesting Party and
AZNG-CJTF must enter into either a Memorandum of Understanding (MOU) or a Memorandum
of Agreement (MOA). These Memoranda will outline the scope of the cyber-related assistance
that the Requesting Party desires from the AZNG-CJTF and the conditions under which this
assistance will be conducted. These conditions can include terms or limitations from both the
Requesting Party and the AZNG-CJTF.

AZMAC ADDENDUM #1 – PAGE 2

An MOU will be entered if the cyber-related assistance being requested relates to a
preventative computer and network vulnerability assessment that is not in response to a
particular Cyber Incident. Any cyber-assistance provided by the AZNG-CJTF pursuant to an MOU
will not involve reimbursement or any other form of cost-sharing by the Requesting Party. An
MOA will be entered if the cyber-related assistance being requested relates to a particular Cyber
Incident and not merely preventative assessments or examinations. Cyber-related assistance
conducted pursuant to an MOA may require the Requesting Party to reimburse some or all of the
AZNG-CJTF costs to conduct such assistance.
Any cyber-related assistance may be available regardless of whether there has been a
federal declaration of emergency. However, if the AZNG-CJTF provides cyber-related assistance
pursuant to an MOA that requires the Requesting Party to reimburse assistance costs to DEMA,
the Requesting Party shall be solely responsible for determining whether these costs can be
reimbursed by the federal government. Whether or not any cyber-assistance costs incurred by
the Requesting Party to the AZNG-CJTF are reimbursable by the federal government shall not be
a basis by the Requesting Party to delay reimbursing these costs to the Arizona National Guard
Cyber Response Revolving Fund in the timely manner outlined in the respective MOA.

AZMAC ADDENDUM #1 – PAGE 3

CITY COUNCIL REPORT
ITEM NUMBER:

4.f.

SUBJECT:

Resolution 1073-1126 - Amendment No. 1 to the Intergovernmental Agreement
Between Maricopa County Human Services Department and Newtown Community
Development Corporation and the City of Avondale for U.S. Department of Housing
and Urban Development Funds

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Christopher Lopez, Director, Neighborhood and Family Services

THROUGH:

Renee Weatherless, Assistant City Manager, (623) 333-1016

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Community Well-Being
Avondale is a city where all people feel safe, supported, and connected to resources that promote and
enhance their well-being. The City prioritizes public safety, natural resources, healthcare, and wellness while
promoting mental, physical, and emotional health for all to enjoy an enriching quality of life. Avondale is
committed to creating a sense of place, a community of residents and local businesses unified by pride and
common values. This homeownership project on infill lots in Old Town Avondale will create energy-efficient
housing that is affordable in perpetuity as part of a community land trust.

PURPOSE:
City Council will consider a request to adopt Resolution 1073-1126, amending the Intergovernmental
Agreement ("Agreement") between Newtown Community Development Corporation ("Newtown”), Maricopa
County Human Services Department, and the City of Avondale and authorize the Mayor or City Manager, City
Attorney and City Clerk to execute the necessary documents. The amendment will extend the term of the
Agreement from December 31, 2026, through December 31, 2027, amend the match dollar amount to meet
federal requirements, and non-substantive administrative changes. The Council will take appropriate action.
BACKGROUND:
On March 25, 2024, Council passed Resolution 1027-0324 to enter into an Intergovernmental Agreement (IGA)
with Maricopa County Human Services Department to accept HOME Investment Partnerships (HOME)
Community Housing Development Organization (CHDO) funds through the Maricopa County HOME
Consortium in the amount of $796,326 and act as administrator for Newtown in the development of affordable
housing for low-income housing. Newtown is a Tempe-based nonprofit and HUD certified CHDO, founded in
1994. Newtown's mission is to help people improve their financial well-being while strengthening communities
through education, counseling, coaching, and the development and stewardship of permanently affordable
homes. The Neighborhood and Family Services Department seeks an Amendment to this Agreement to extend
the term from December 31, 2026, through December 31, 2027. The Agreement provides funding for Phase 3

(“Legacy”), the third and final phase of a homeownership project in Old Town Avondale. Phase 3 includes the
construction of six (6) single-family homes on two (2) previously owned City lots, at 305 and 309 E. Hill Drive,
purchased in 2009 through HUD's Neighborhood Stabilization Program (NSP). The new homes will be
included in Newtown’s Community Land Trust Program (CLT) program.
HOME funds require a 25% match from a non-federal source. Newtown receives Workforce Initiative Subsidy
for Homeownership (WISH) grants for down payment assistance grants from the Federal Home Loan Bank of
San Francisco. These funds are used to meet the matching requirement.
The City also received Maricopa County American Rescue Plan Act (ARPA) funds to address the funding gap
in Phase 3. An additional IGA with Maricopa County was executed on October 3, 2023, to accept $1,750,000
in ARPA funds to support this project. The total amount of grant funding secured for this project is $2,546,326.
DISCUSSION:
The Neighborhood and Family Services Department seeks approval of Amendment Number 1 to extend the
term of the CHDO Agreement from December 31, 2026, through December 31, 2027, and increase the match
required to meet the federal requirements, and non-substantive administrative changes
BUDGET IMPACT:
There is no budgetary impact to the City associated with this request. All CHDO grant funds will be
reimbursable directly to Newtown from Maricopa County based on the City’s review and approval of
documented expenses. Further, the 25% required HOME match will be provided by Newtown.
RECOMMENDATION:
Staff recommends Council approve a resolution authorizing the City to amend the Agreement with Maricopa
County Human Services Department and Newtown to extend the term of the CHDO Agreement from
December 31, 2026, through December 31, 2027, and increase the match required to meet the federal
requirements, and non-substantive administrative changes.
Contact person for document distribution: Christopher Lopez
Regina Marette

RESOLUTION NO. 1073-1126
A RESOLUTION OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, APPROVING AMENDMENT NO. 1 TO THE AFFORDABLE
HOUSING AGREEMENT WITH MARICOPA COUNTY AND NEWTOWN
COMMUNITY DEVELOPMENT CORPORATION.
WHEREAS, Maricopa County, administered by its Human Services Department (the
“County”), Newtown Community Development Corporation (“Newton”), and the City of
Avondale (the “City”) (collectively, the “Parties”) entered into an agreement on or about April 16,
2024 (the “Agreement”) to provide Newtown with federal HOME Investment Partnership Program
(“HOME”) funds to acquire land from the City to construct affordable housing for
low-income households in the City.
WHEREAS, under the Agreement, the County would provide HOME funds to Newtown,
and the City would act as administrator of the funding.
WHEREAS, the Parties desire to extend the term of the Agreement through December 31,
2027.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
AVONDALE as follows:
SECTION 1. Amendment No. 1 to the Agreement between the Parties extending the term
of the Agreement through December 31, 2027 (the “Amendment”) is hereby approved in
substantially the form and substance attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The Mayor, the City Manager, the City Clerk, and the City Attorney are
hereby authorized and directed to cause the execution of the Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
[SIGNATURES ON FOLLOWING PAGE.]

PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED AS TO FORM:

Nicholle Harris, City Attorney

2

EXHIBIT A
TO
RESOLUTION NO. 1073-1126
[Amendment]
See following pages.

Contract No. C-22-24-095-X-01

Amendment No. 1

AMENDMENT NO. 1 TO THE
AGREEMENT
BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
AND
CITY OF AVONDALE
I.

Maricopa County (“County”) administered by its Human Services Department, Newtown
Community Development, a Community Housing Development Organization (hereinafter
referred to as the “CHDO”), and the City of Avondale (hereinafter referred to as the
“Administrator”) entered into an Agreement on or about April 16, 2024. The purpose of this
Agreement is to provide the CHDO with funding to acquire land from the City of Avondale
and construct three (3) single-family homes. The new homes will be included in Newtown’s
Community Land Trust Program (CLT) program designated for low- to moderate income
households. The County has provided the CHDO and the Administrator with PY23/FY24
U.S. Department of Housing and Urban Development (HUD) HOME Investment
Partnerships Program (HOME) funds under ALN 14.239 in the amount of $796,326. The
Agreement term is March 27, 2024, through December 31, 2026. The CHDO, the
Administrator, and the County are collectively referred to in this Agreement as the “Parties”
and individually as a “Party.”

II.

The Parties agree to enter into this Amendment No. 1 to amend the Agreement as follows:
A.

Extend the term of the Agreement from December 31, 2026, through December
31, 2027.

B.

Address the following changes in Section 1 (General Provisions):
1.

Revise Paragraph 2.0 (Notices) to update the Maricopa County
Department address:
For Maricopa County:
Representative: Jamie Macfarlane, Assistant Director, Housing and
Community Development Division
Phone: 602-506-5813
E-mail: [email protected]
Address: 234 North Central Avenue, Third Floor, Phoenix, Arizona 85004
*2233 W. Dunlap Avenue, 4th Floor
Phoenix, AZ 85021 (effective 11/9/26)

2.

Revise and replace Paragraph 6.0 (Administrative Change Orders) in its
entirety:
6.0

ADMINISTRATIVE CHANGE ORDERS AND ADDENDA
6.1
The Chair of the Board of Supervisors is authorized, upon
the recommendation of the Human Services Department
Director and Legal Counsel, to review and execute
administrative changes to the Agreement on behalf of the

Contract No. C-22-24-095-X-01

Amendment No. 1

6.1.1

6.1.2

3.

County
through
Administrative
Change
Orders.
Administrative Change Orders will be effective upon
execution by the Parties.
Administrative Change Orders shall address any of the
following changes:
6.1.1.1 Modifications to the project timeline if the last day of
the project timeline is within the Agreement term;
6.1.1.2 Modifications to Budget line items if the Agreement
amount remains unchanged;
6.1.1.3 Modifications required by federal, state, or County
regulations, ordinances, or policies; and/or;
6.1.1.4 Modifications to Administrative requirements such
as changes in reporting periods, frequency of
reports, or report formats required by federal, state,
and local regulations, policies, or requirements.
Addenda: The Parties shall submit to the Human Services
Department an Addendum when a property has been
identified and will be acquired by the Parties. The Assistant
Director for Housing and Community Development is
authorized upon the recommendation of the Human
Services Department Director and Legal Counsel to review
and execute Addenda to the Agreement that are the subject
of Section 3 – Statement of Work of this Agreement, on
behalf of the County. The Addenda will be effective upon
execution by the Parties, and which shall thereby be
incorporated into the Agreement.
6.1.2.1 An Addendum shall be integrated into the
Agreement.
6.1.2.2 A sample Addendum is attached as Attachment 1.

Revise Subparagraph 52.0 (Immigration Laws and Regulations) by
replacing Subparagraph 52.2 (Arizona Law) with the following:
52.2

Arizona Law
52.2.1 The CHDO and the Administrator warrant that they
will comply with A.R.S. § 41-4401 (E-Verify
requirements) and further acknowledge:
52.2.1.1
That CHDO and the Administrator and
their Subcontractors and Vendors, if
any, warrant their compliance with all
federal
immigration
laws
and
regulations that relate to their
employees and their compliance with
A.R.S. § 23-214;
52.2.1.2
A breach of a warranty under Section
52.2.1 above shall be deemed a material
breach of this Agreement and the County
may
immediately
terminate
this
Agreement without liability; and
52.2.1.3
The County and any contracting
government entities retain the legal right
to inspect the papers and employment

Contract No. C-22-24-095-X-01

Amendment No. 1

records of any employees of the CHDO
and
Administrator
and
their
Subcontractors and Vendors who work
on this Agreement to ensure that the
CHDO and the Administrator and their
Subcontractors and Vendors are
complying with the warranty provided
under Section 52.2.1 above and that the
CHDO and the Administrator agree to
make all papers and employment
records of such employee(s) available
during normal working hours in order to
facilitate such an inspection.
4.

Revise Paragraph 54.0 (Certification Regarding Debarment, Suspension,
Ineligibility And Voluntary Exclusion) by replacing Subparagraph 54.3 with
the following:
54.3

5.

Should the CHDO and the Administrator not be able to provide this
Certification, an explanation as to why shall be immediately
provided to the County, Attention: Housing and Community
Development Assistant Director, 234 North Central Avenue, Third
Floor, Phoenix, Arizona 85004. *2233 W. Dunlap Avenue, 4th Floor
Phoenix, AZ 85021 (effective 11/9/26)

Add the following required language to the Agreement:
61.0 WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If the CHDO and the Administrator engage in for-profit activity and has
10 or more employees, and if this Agreement has a value of $100,000
or more, then the Subrecipient certifies it is not currently engaged in
and agrees for the duration of this Agreement not to engage in, a
boycott of goods and services from Israel. This certification does not
apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued
pursuant to 50 U.S.C. § 4842.

C.

Address the following changes in Section 2 (Special Provisions):
1.

Revise Paragraph 18. (Program Completion) by replacing Subparagraph
18.2 with the following:
18.2

2.

The disposition of any property purchased during the term of this
Agreement shall follow Section 1 (General Provisions), Paragraph
51.0 (Property).

Revise Paragraph 19 (Failure To Make Progress) by replacing
Subparagraph 19.1.1 with the following:
19.1.1 The CHDO and the Administrator fail to complete an
Environmental Review pursuant to Section 2 (Special Provision)
Paragraph 13.0 (Environmental Review Conditions) within one

Contract No. C-22-24-095-X-01

Amendment No. 1

hundred and eighty (180) calendar days after the date this
Agreement is executed;
3.

Revise and replace Paragraph 21.0 (Violence Against
Reauthorization Act of 2013) in its entirety with the following:

Women

21.0 VIOLENCE AGAINST WOMEN REAUTHORIZATION ACT OF
2022
The CHDO and the Administrator must comply with VAWA 2022,
which applies to all victims of domestic violence, dating violence,
sexual assault, and stalking, regardless of sex, gender identity, or
sexual orientation, and which must be applied consistent with all
nondiscrimination and fair housing requirements. The CHDO must
give a Notice of Occupancy Rights to tenants and applicants to
ensure they are aware of their rights under VAWA, maintain an
emergency transfer plan, and document incidents of domestic
violence, dating violence, sexual assault, and stalking.
D.

Revise and replace Section 3 (Work Statement), (HOME Investment Partnerships
Program, Program Year 2023), in its entirety with the attached herein.

III.

Section II above contains all the changes to the Agreement made by this Amendment No.
1. The Agreement is amended to incorporate the changes contained in this Amendment
No. 1. All other terms and conditions of the Agreement remain in full force and effect as
executed by the Parties. This Amendment No. 1 is subject to and incorporates the
provisions of A.R.S. § 38-511.

IV.

The Parties have authorized the undersigned to execute this Amendment No. 1 on their
behalf, and it shall be effective upon approval and signature by both Parties.
[Signatures are contained on following page]

Contract No. C-22-24-095-X-01

Amendment No. 1

IN WITNESS THEREOF, the Parties have signed this Amendment No.1:
APPROVED BY:
MARICOPA COUNTY

Kate Brophy McGee
Chair, Board of Supervisors

APPROVED BY:
CITY OF AVONDALE (Administrator)

Date

Ron Corbin
City Manager

Attested to:

Attested to:

Juanita Garza
Clerk, Board of Supervisors

Marcella Sarmiento
City Clerk

Date

_
Date

_
Date

IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AMENDMENT
NO.1 HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED THIS AMENDMENT NO.1 IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS OF
THE STATE OF ARIZONA.

IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AMENDMENT NO.1 HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AMENDMENT NO.1 IS PROPER IN FORM
AND
WITHIN
THE
POWERS
AND
AUTHORITY GRANTED TO THE CITY OF
AVONDALE UNDER THE LAWS OF THE
STATE OF ARIZONA.

APPROVED AS TO FORM:

APPROVED AS TO FORM:

Deputy County Attorney

Date

Attorney for the City of Avondale

Date

APPROVED BY:
NEWTOWN COMMUNITY DEVELOPMENT,
an Arizona nonprofit corporation (CHDO)

Stephanie Brewer
Executive Director

Date

Contract No. C-22-24-095-X-01

Amendment No. 1

MARICOPA COUNTY
HOME Investment Partnerships Program
Program Year 2023
CHDO:
Newtown CDC
CHDO UEI:
K5HLK49NLDH8
Administrator:
City of Avondale, Arizona
Administrator UEI: GDTNM5BLN9Y4
FAIN:
M-23-DC-04-0227
Federal Award Date: 8/15/2023
Funding:
$796,326.00 ($796,326.00 PY23 CR)
Activity Type:
Acquisition and new construction Single-Family Residential
Activity Name:
Legacy Avondale Infill Housing Redevelopment (“Project”)
1.0

FUNDING
CHDO 2023 HOME
FUNDS

MATCH

OTHER
RESOURCES

$796,326

$200,000 (WISH)

$407,000 (NSP PI)
$1,750,000 (ARPA)

2.0

TOTAL
BUDGET

$3,153,326

SCOPE OF WORK
Newtown CDC (CHDO), acting in the capacity of a Developer, will acquire land and
construct three (3) single-family homes in Avondale, AZ. The Legacy Avondale Infill
Housing Redevelopment Project-Phase 3-consists of a total of six (6) newly constructed,
single-family detached dwellings on City owned land. The site is in a Qualified Census
Tract at 305 and 309 East Hill Drive, Avondale, Arizona 85323. The two lots will be
consolidated and re-platted into six lots to accommodate the new homes. The land will be
sold to Newtown at closing. The new homes will be included in Newtown’s Community
Land Trust Program (CLT) program and remain affordable per 24 CFR 92. Funds will be
paid to the CHDO only after the CHDO has met the commitment requirements as set forth
in 24 CFR 92.2 (1) and (2) respectively and is prepared to commence construction within
twelve months.
The family or individual acquiring the housing must qualify as low-income, as defined in
24 C.F.R. § 5.609, and maintain the housing as the principal residence throughout the
period of affordability, which shall be for a period of 15 years. Recapture provisions will be
used to ensure compliance with the period of affordability required by HUD at 24 C.F.R. §
92.254 of the HOME regulations.
Upon sale to an eligible buyer, a Declaration of Affirmative Land Use Restrictions (LURA)
will be executed to secure the Period of Affordability and require the housing to be used
as the buyer’s principal residence, as required by HUD. The LURA will include a due on
sale clause to ensure that funds are recaptured if the property is sold during the
Affordability Period.

Contract No. C-22-24-095-X-01

3.0

Amendment No. 1

OBJECTIVES AND OUTCOMES:
OUTCOMES
OBJECTIVE

DECENT
HOUSING

4.0

5.0

AVAILABILITY/
ACCESSIBILITY

AFFORDABILITY

SUSTAINABILITY

Single-Family
Housing Rehab
and Emergency
Rehab,
Homebuyer
Assistance

Homebuyer Activities,
Acq./Rehab of rental
housing, Acq./New
Construction of rental
housing, Expansion of
assisted rental units in the
private marketplace

Housing Activities in a
targeted revitalization
area

LOGIC MODEL: PERFORMANCE INDICATORS
OUTPUTS
INPUTS/
ACTIVITIES
PARTICIPATION
RESOURCES
Development
Develop 3
Three CHDO
staff, funding,
units of CHDO households
contractors
housing, in a
project of 6
units to be held
in the
Avondale CLT

OUTCOMES

OBJECTIVES

Increased
affordable housing
for low- to
moderate-income
families. Increased
homeownership.
Improved
neighborhoods
and quality of life.

Decent and
affordable
housing.

PERFORMANCE REPORTING GOALS/TIMELINE OF ACTIVITIES
COMPLETION
MILESTONES: Tasks to be Performed
DATE
Application/market study
02/2024
Execute third party agreement with County and City
of Avondale for HOME funds
04/2024
Development Plan Approved-City of Avondale
05/07/2026
Environmental Review approval
05/30/2024
Submit complete application for construction permits
06/30/2026
RFP for construction activities
04/01/2026
Homeownership counseling/buyer preparation
01/01/2027
Construction of project
07/31/2026
Sale of Unit (Pre-sale and during construction)
01/01/2027
Homebuyer financing secured
05/01/2027
Certificate of Occupancy
06/01/2027
Final Close-out /Project Completion Form
12/31/2027
Any change to the Timeline will need to be approved by the County.

6.0

ACTIVITY BUDGET SUMMARY:

Contract No. C-22-24-095-X-01

ACTIVITY

Amendment No. 1

HOME CHDO
FUNDS

OTHER
RESOURCES

TOTAL
ACTIVITY
BUDGET

Construction Hard Costs
$636,326
$1,260,000
$1,896,326
Hard Cost Contingency
$300,000
$300,000
Soft costs including: Architect and
Engineering
Fees,
Survey,
Permit, Legal Fees, title and
recording, insurance, reserves
$507,000
$507,000
Project Management Fees
$100,000
$100,000
Developer Fee
$160,000
$190,000
$350,000
Match Wish Funds
$200,000
$200,000
TOTALS
$796,326
$2,557,000
$3,353,326
(1)
Cash match dedicated to this Project only.
Note: A total of $3,000 per activity will be withheld from the total amount of HOME funds
obligated to each activity/address. $1,500 may be reimbursed upon completion of
rehabilitation/new construction (Certificate of Occupancy) and a signed purchase contract
with a qualified buyer. The final $1,500 will be reimbursed when a completion form is
submitted by the CHDO to the County.
7.0

ACTIVITY MATCH:
AMOUNT

FORM OF MATCH

$200,000

Cash

SOURCE
WISH Funds

8.0

SALES PRICE:
(1)
To ensure the homes are affordable for the target income group, the sales price
shall be calculated so that each buyer’s monthly housing expenses (including
principal, interest, property taxes, and home insurance) does not exceed 35% of
the buyer’s gross monthly household income, unless there are documented
compensating factors. In addition, the housing will have a purchase price for the
type a single unit of single-family housing that does not exceed 95% of the median
purchase price for the area as described in 24 C.F.R. § 92.254 (a)(2). Refer to
Section 5 (Attachments), Attachment 3 to this Agreement.
(2)
The buyer may obtain a mortgage loan with a fixed term and interest rate and
lender fees may not exceed 5% of the mortgage amount. The income of the buyer
shall be determined according to the requirements at 24 C.F.R. § 92.203.

9.0

CHDO PROJECT PROCEEDS:
All proceeds generated from the CHDO development activities shall be considered Project
proceeds and subject to the Project proceeds requirements set forth in HOME Program
regulations. Project proceeds shall be tracked by the CHDO and reported to the
Administrator. Documentation supporting the amount of Project proceeds received and
expended shall be submitted to the Administrator and the County. Project proceeds shall
be retained and expended by the CHDO for construction of additional properties under
this Agreement, or for other HOME-eligible activities with prior approval from the
Administrator and the County.

10.0

CONVERSION TO RENTAL:

Contract No. C-22-24-095-X-01

Amendment No. 1

If the newly constructed home has not been sold to an eligible homebuyer within nine (9)
months after the receipt of a Certificate of Occupancy, it must be converted to a HOME
rental unit that complies with all HOME requirements for the period of affordability
applicable to such rental units, according to 24 C.F.R. § 92.254(a)(3). If the vacant
property is not converted, then HOME funds must be repaid to the County.

Contract No. C-22-24-095-X-01

Amendment No. 1

Attachment 1
ADDENDUM TO THE
AGREEMENT BETWEEN
MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND
NEWTOWN COMMUNITY DEVELOPMENT CORPORATION
AND
CITY OF AVONDALE
ACTIVITY:
CONTRACT START:
CONTRACT END DATE:
CONTRACT NUMBER:

Acquisition/Rental of Single-Family Homes
9/30/2026
9/30/2028
____________________

I.

The purpose of this Addendum is to identify the property(ies) acquired for Project activities.

II.

Pursuant to the Agreement Section 1 (General Provisions), Paragraph 6 (Administrative
Change Orders and Addenda), Subparagraph 6.1.2 (Addenda) of the Agreement, the
following properties are hereby identified for purchase:

III.

All other terms of the Agreement not amended by this Addendum shall remain in full force
and effect as approved.

IV.

The Parties have authorized the undersigned to execute this Addendum on their behalf.

V.

This Addendum shall be effective upon approval and signature by the Parties.
(Signatures are contained on the following page)

Contract No. C-22-24-095-X-01

Amendment No. 1

IN WITNESS THEREOF, the Parties have signed this Addendum:
APPROVED BY:
MARICOPA COUNTY

Jamie Macfarlane
Assistant Director

APPROVED BY:
CITY OF AVONDALE (Administrator)

Date

Ron Corbin
City Manager

_
Date

Attested to:

Marcella Sarmiento
City Clerk

_
Date

IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS ADDENDUM HAS
BEEN REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
ADDENDUM IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO MARICOPA COUNTY UNDER
THE LAWS OF THE STATE OF ARIZONA.

IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS ADDENDUM HAS BEEN
REVIEWED
BY
THE
UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
ADDENDUM IS PROPER IN FORM AND
WITHIN THE POWERS AND AUTHORITY
GRANTED TO THE CITY OF AVONDALE
UNDER THE LAWS OF THE STATE OF
ARIZONA.

APPROVED AS TO FORM:

APPROVED AS TO FORM:

Deputy County Attorney

Date

Attorney for the City of Avondale

Date

APPROVED BY:
NEWTOWN COMMUNITY DEVELOPMENT,
an Arizona nonprofit corporation (CHDO)

Stephanie Brewer
Executive Director

Date

CITY COUNCIL REPORT
ITEM NUMBER:

4.g.

SUBJECT:

Ordinance 2043-1126 – Acquisition of a Non-Exclusive Sanitary Sewer Easement
from the Flood Control District of Maricopa County

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Kimberly Moon, Director, Engineering Department

THROUGH:

Jennifer Stein, Assistant City Manager, (623) 333-1014

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Resilient Infrastructure &
Transportation
Avondale invests in safe and sustainable infrastructure, including water, roads, and utilities, and actively
participates in regional planning and development.

PURPOSE:
City Council will consider a request to adopt Ordinance 2043-1126, authorizing the acquisition of a nonexclusive sanitary sewer easement from the Flood Control District of Maricopa County for public use located
north of Lower Buckeye Road and east of 4th Street and authorize the Mayor or City Manager, City Attorney
and City Clerk to execute the necessary documents. The Council will take appropriate action.
BACKGROUND:
The City of Avondale has finalized plans for the Dysart Road Sewer Replacement Phase II Project (U0044).
The project will address sewer capacity issues south of Buckeye Road/MC 85 by accommodating increased
sewer flows, correcting slope issues in the 7th Street sewer between Corral Street and Harrison Drive and
providing a new sewer connection in the existing 15-inch sewer in Eliseo C. Felix Jr. Way.
The project scope calls for the installation of 3,300 linear feet of gravity sewer to be constructed in three
separate construction phases in three consecutive fiscal years. This phase of the project includes the
installation of approximately 2,000 linear feet of 12-inch gravity sewer along Dysart Road from Harrison Drive
to the existing 15-inch gravity sewer in the Eliseo C. Felix, Jr. Way alignment. This sewer alignment passes
through three parcels that will require the acquisition of a utility easement agreement for the infrastructure and
a temporary construction easement agreement to provide contractors with space for construction activities and
storage of materials. One of the parcels is owned by the Flood Control District of Maricopa County (FCD).
DISCUSSION:
FCD has agreed to grant the City, at no cost, a non-exclusive sanitary sewer easement containing 1,859
square feet across its property identified by Assessor’s Parcel Number 500-55-006.

BUDGET IMPACT:
There is no impact to the budget for this action.
RECOMMENDATION:
Staff recommends City Council adopt an Ordinance authorizing the acquisition of a non-exclusive sanitary
sewer easement from the Flood Control District of Maricopa County for public use located north of Lower
Buckeye Road and east of 4th Street and authorize the Mayor or City Manager, City Attorney and City Clerk to
execute the necessary documents.
Contact person for document distribution: Yulonda Moore

ORDINANCE NO. 2043-1126
AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, FOR THE ACQUISITION OF A NON-EXCLUSIVE
SANITARY SEWER EASEMENT FROM THE FLOOD CONTROL
DISTRICT OF MARICOPA COUNTY, GENERALLY LOCATED NORTH
OF LOWER BUCKEYE ROAD AND EAST OF FOURTH STREET, FOR
THE DYSART ROAD SEWER REPLACEMENT PHASE II PROJECT.
WHEREAS, Article I, Section 3 of the Avondale City Charter authorizes the City of
Avondale (the “City”) to acquire real property in fee simple or any lesser interest, inside or
outside its corporate limits for any City purpose, when the public convenience requires it
and in accordance with the provisions of State law; and
WHEREAS, the Flood Control District of Maricopa County, a political subdivision
of the State of Arizona, is the owner of certain real property identified as Assessor’s Parcel
Number (“APN”) 500-55-006 generally located north of Lower Buckeye Road and east of
Fourth Street, in Avondale, Arizona (the “Property”); and
WHEREAS, the City desires to acquire, and the Flood Control District of Maricopa
County desires to dedicate a portion of the Property totaling ± 1859.75 square feet, or 0.042
acres to the City for public use for the installation and maintenance of sanitary sewer
facilities, and as part of the City’s Dysart Road Sewer Replacement Phase II Project (“the
Sewer Easement”); and
WHEREAS, the Council of the City of Avondale (the “City Council”) desires to
accept the Sewer Easement in substantially the form and substance attached hereto as
Exhibit 1 for such public use; and
WHEREAS, the Sewer Easement is legally described and depicted on Exhibit A to
the form attached at Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVONDALE as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The dedication of real property totaling ± 1859.75 square feet, or 0.042
acres, located on a portion of the parcel assigned APN 500-55-006, in Avondale, Arizona, as
more particularly described and depicted on Exhibit A of the Sewer Easement form attached
hereto at Exhibit 1 and incorporated herein by reference, is hereby accepted by the City from

the Flood Control District of Maricopa County for public use.
SECTION 3. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED AS TO FORM:

Nicholle Harris, City Attorney

2

EXHIBIT 1
TO
ORDINANCE NO. 2043-1126
[Sewer Easement]
See following pages.

WHEN RECORDED RETURN TO:
Maricopa County
Real Estate Department
301 W. Jefferson St., Floor 9
Phoenix, AZ 85003
EXEMPT A.R.S. §11-1134(A)(2)
FCD 1999R016

NON-EXCLUSIVE SANITARY SEWER EASEMENT
Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087
Item No.: A-13159
Parcel: 500-55-006
This Non-Exclusive Sewer Easement is entered into by and between the following parties
GRANTOR:

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a
political subdivision of the State of Arizona

GRANTEE:

CITY OF AVONDALE, an Arizona municipal corporation

In accordance with GRANTOR’S Board of Directors Resolution 2018R013 dated October
24, 2018 and 88-5 dated January 16, 1989, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, GRANTOR does hereby grant and convey to
GRANTEE a non-exclusive sewer easement in, upon, over, under, across, through and along a
portion of the premises set forth in instrument number 1987-0655790, recorded October 27, 1987,
in the official records of Maricopa County (“Burdened Property”). The granted easement,
described on the attached Exhibit “A” (“Easement”), is for the purpose of constructing, operating,
repairing, and maintaining a Sewer Line on Flood Control District (FCD) property, and
appurtenances thereto (collectively, the “Facility”), in accordance with FCD Right-of-Way Use
Permit No. FRU2500087 (“FCD Permit”).
Said Easement is SUBJECT TO all governmental restrictions which include, but are not
limited to, environmental, archaeological, and cultural resource regulations, and all land use
regulations, covenants, conditions, restrictions, easements, rights-of-way, and other matters of
record, or not of record, that could be disclosed by a visual inspection or accurate survey of the
real property.
This Easement is, at all times, subject to and subordinate to the rights of GRANTOR to
have unrestricted access to and use of the Easement for the purpose of operation and maintenance
of the flood control project known as the Agua Fria River Channel (Project). GRANTOR shall
Page 1 of 8

endeavor to use its best efforts to operate and maintain the Project in a manner which will not
unreasonably interfere with the GRANTEE’S rights granted by this Easement. GRANTEE
assumes all risk of damage to its Facility resulting from the Burdened Property functioning as a
flood control project.
In the event any use or activity conducted pursuant to the rights granted in this easement
by the GRANTEE interferes with GRANTOR’S use of the Burdened Property or the Burdened
Property is needed to construct, maintain, or relocate any portion of GRANTOR’S Project
(collectively “Interference”), GRANTEE shall, at GRANTOR’S request and GRANTEE’S sole
expense, eliminate the Interference upon notice from the GRANTOR. If elimination of
Interference, including but not limited to the relocation of the Facility, or any part thereof, requires
a right of way use permit, actual construction shall begin within thirty (30) days following
GRANTOR’S issuance of a right-of-way use permit. Upon mutual agreement, the time frame
for the start and completion of said work may be extended based on the requirements of
GRANTOR. If GRANTEE’S effort to eliminate Interference delays construction by
GRANTOR, and causes GRANTOR to be liable for damages, GRANTEE shall reimburse
GRANTOR for those damages attributable to the delay created by GRANTEE within thirty (30)
days after GRANTEE’S receipt of the GRANTOR’S invoice for said delay.
The GRANTEE shall, at its sole cost and expense, maintain the Easement, and
GRANTEE’S Facility located within the Easement, in a state of good repair and in a safe
condition, including without limitation the removal of trash and debris from the Easement. The
rights granted to GRANTEE herein include the right to cut back, trim and remove vegetation now
growing, or that may hereafter grow, within the Easement, or that may extend over the Easement,
so as to protect the same from interfering with the maintenance and operation of GRANTEE’S
Facility.
After the installation of GRANTEE’S Facility in accordance with said FCD Permit, any
installation or modification whatsoever to the Easement, the Facility, or any appurtenance of
GRANTEE located therein, that is not in compliance with said FCD Permit, will require
GRANTEE to apply for and obtain a new right-of-way use permit from GRANTOR.
GRANTOR will process any such application in accordance with GRANTOR’S right-of-way
use permit approval process.
GRANTEE shall indemnify GRANTOR for any and all damages and costs, including
without limitation, reasonable attorney's fees, court costs, and all other expenses relating to the
defense of claims or litigation, caused by, or arising from the exercise of GRANTEE’S rights
pursuant to the terms of this Easement.

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 2 of 8

Item: A-13159
Parcel: 500-55-006

In the event GRANTEE fails to install the Facility within the Easement, GRANTEE
removes the Facility, the Facility ceases to function, or any other event gives evidence to
GRANTOR that the GRANTEE has abandoned the use of this Easement, then and in such event,
GRANTOR shall notify GRANTEE, in writing, that GRANTOR considers that the Easement
has been abandoned. In such event, GRANTEE shall provide confirmation to GRANTOR that
the Easement has been abandoned, or in the event GRANTEE fails to confirm its intent to
maintain the Easement within thirty (30) days of receipt of the aforesaid notice from the
GRANTOR, this Easement shall be deemed to be abandoned and GRANTOR shall be permitted
to record a termination of this Easement in the public records of Maricopa County. Unless and
until such termination is recorded by GRANTOR, this Easement shall remain in full force and
effect.
The rights and privileges granted in this Easement are solely for GRANTEE to use the
Easement for the purpose stated herein, and do not include the right to permit and/or grant any other
use of the Easement to another party.
This Easement shall run with the land and is binding on all parties.

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 3 of 8

Item: A-13159
Parcel: 500-55-006

RECOMMENDED FOR APPROVAL:
FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

Chief Engineer and General Manager

Date

MARICOPA COUNTY
REAL ESTATE DEPARTMENT

Director

Date

APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State of
Arizona.

Flood Control District General Counsel

Date

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 4 of 8

Item: A-13159
Parcel: 500-55-006

HEARD AND APPROVED:
GRANTOR:
FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY

Chair of the Board
Date
ATTEST :

Clerk of the Board

STATE OF ARIZONA

)
)ss
COUNTY OF MARICOPA )

Date

Before me,

, Notary Public in and for said County, State

of Arizona, on this day personally appeared

, known to me

to be the person whose name is subscribed to the foregoing instrument as Chair of the Board of
Directors for the Flood Control District of Maricopa County.
Given under my hand and seal of the office this

day of

20

.

Notary Public (signature)

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 5 of 8

Item: A-13159
Parcel: 500-55-006

ACCEPTANCE AND APPROVAL
GRANTEE:
CITY OF AVONDALE, an Arizona municipal
corporation

Ron Corbin, City Manager
Date
STATE OF ARIZONA

)
)ss
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me this ____ day of _______ 20___, by Ron
Corbin, City Manager of the City of Avondale, an Arizona municipal corporation, on behalf of
the City of Avondale.

Notary Public (signature)

Notary Stamp Seal

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 6 of 8

Item: A-13159
Parcel: 500-55-006

Exhibit “A” Easement
Attached to Non-exclusive Sewer Easement

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 7 of 8

Item: A-13159
Parcel: 500-55-006

MAY 29, 2025
PROJECT # 242024-S
SEWER EASEMENT FOR APN: 500-55-006
LEGAL DESCRIPTION
A 25 FOOT WIDE STRIP OF GROUND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 1 NORTH,
RANGE 1, WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 15, MARKED BY A BRASS CAP, FROM WHICH POINT THE
EAST QUARTER CORNER OF SECTION 15 MARKED BY A BRASS CAP STAMPED “LS 41282” BEARS NORTH 01°32'14”
WEST, 2641.25 FEET;
THENCE NORTH 01°32'14” WEST, 586.22 FEET, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
15, TO THE POINT OF BEGINNING;
THENCE NORTH 89°53'56” WEST, 25.01 FEET;
THENCE NORTH 01°32'14” WEST, 74.39 FEET, PARALLEL WITH AND 25.00 FEET WEST OF THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 15 TO THE SOUTH LINE OF PARCEL 1 AS DESCRIBED IN DOC. 2021-0958776
OF MARICOPA COUNTY RECORDS;
THENCE SOUTH 89°53'56” EAST, 25.01 FEET, ALONG THE SAID SOUTH LINE OF PARCEL 1 AS DESCRIBED IN DOC. 20210958776 OF MARICOPA COUNTY RECORDS;
THENCE SOUTH 01°32'14” EAST, 74.39 FEET, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
15 TO THE POINT OF BEGINNING.

CONTAINS 1859.75 SQUARE FEET OR 0.042 ACRES, MORE OR LESS.

Exhibit “A” continued
Attached to Non-exclusive Sewer Easement

Project: 109.01.12 Agua Fria River Channel
Permit: FRU2500087

Page 8 of 8

Item: A-13159
Parcel: 500-55-006

CITY COUNCIL REPORT
ITEM NUMBER:

4.h.

SUBJECT:

Ordinance 2044-1126 – Acquisition of a Temporary Construction Easement from
Smith’s Food and Drug Centers, Inc., located along McDowell Road and Dysart Road

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Kimberly Moon, Director, Engineering Department

THROUGH:

Jennifer Stein, Assistant City Manager, (623) 333-1014

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Resilient Infrastructure &
Transportation
Avondale invests in safe and sustainable infrastructure, including water, roads, and utilities, and actively
participates in regional planning and development.

PURPOSE:
City Council will consider a request to adopt Ordinance 2044-1026, authorizing the acquisition of a temporary
construction easement from Smith’s Food and Drug Centers, Inc., for public use, located along the south side
of McDowell Road and the east side of Dysart Road and authorize the Mayor or City Manager, City Attorney
and City Clerk to execute the necessary documents. The Council will take appropriate action.
BACKGROUND:
The City of Avondale has finalized plans for the McDowell Road and Dysart Road Intersection Improvements
Project (T0405). The project improvements include three travel lanes, dual left-turn lanes, dedicated right-turn
lanes, and bike lanes. The project will also include upgraded ADA ramps and traffic signals, as well as the
installation of streetlights and landscaped medians.
To facilitate construction of the project, the City will secure right-of-way and/or temporary construction
easements from several adjacent property owners. One of the parcels is owned by Smith’s Food and Drug
Centers, DBA Fry’s Foods, which has one driveway entrance along McDowell Road and two driveway
entrances along Dysart Road. The property is identified by Assessor’s Parcel Number 500-02-108.
DISCUSSION:
The City intends to purchase a temporary construction easement (TCE) across the northernmost driveway
entrance along Dysart Road and the driveway entrance along McDowell Road to facilitate the upgrade of the
ADA ramps and reconnection of the driveways. The TCEs contain a combined area of 2,728 square feet.
Upon completion and acceptance of the project by the City, the TCEs will no longer be needed and will be

formally terminated by Staff.
Just compensation was based on an appraisal of the fair-market value of the property by a state-certified
general appraiser and an offer of $5,047 was presented and accepted by the owner.
BUDGET IMPACT:
Funding for land acquisition is included in the FY2027 CIP program in the Dysart Road/McDowell Road
Intersection project (T0405) which has been approved by City Council.
RECOMMENDATION:
Staff recommends City Council adopt an Ordinance authorizing the acquisition of a temporary construction
easement from Smith’s Food and Drug Centers, Inc., for public use, located along the south side of McDowell
Road and the east side of Dysart Road and authorize the Mayor or City Manager, City Attorney and City Clerk
to execute the necessary documents.
Contact person for document distribution: Yulonda Moore

ORDINANCE NO. 2044-1126
AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, ACCEPTING THE DEDICATION OF A TEMPORARY
CONSTRUCTION EASEMENT IN TWO PARTS, WITH THE FIRST PART
LOCATED ALONG THE SOUTH SIDE OF MCDOWELL ROAD AND EAST
OF DYSART ROAD, AND THE SECOND PART LOCATED ALONG THE
WEST SIDE OF DYSART ROAD AND SOUTH OF MCDOWELL ROAD,
FROM SMITHS FOOD AND DRUG CENTERS, INC. FOR PUBLIC USE
DURING THE MCDOWELL ROAD AND DYSART ROAD INTERSECTION
IMPROVEMENTS PROJECT.
WHEREAS, Article I, Section 3 of the Avondale City Charter authorizes the City of
Avondale (the “City”) to acquire real property in fee simple or any lesser interest, inside or outside
its corporate limits, for any City purpose, when the public convenience requires it, and in
accordance with the provisions of State law; and
WHEREAS, Smith’s Food & Drug Centers, Inc. (“Smith’s”) is the owner of certain real
property at the southeast corner of McDowell and Dysart Roads, and identified as Assessor’s Parcel
Number (“APN”) 500-02-108, in Avondale, Arizona (the “Property”); and
WHEREAS, Smith’s desires to dedicate two areas of the Property totaling ± 2728 square
feet for public use as a Temporary Construction Easement (“TCE”) for the City’s use during the
McDowell Road and Dysart Road Intersection Improvements Project; and
WHEREAS, the Council of the City of Avondale (the “City Council”) desires to accept
the dedication of the TCE from Smith’s on the terms set forth in the Temporary Construction
Easement attached hereto as Exhibit 1 and incorporated herein by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVONDALE as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The dedication of a Temporary Construction Easement (“TCE”) in two
parts, totaling ± 2,728 square feet, and located along the south side of McDowell Road and the east
side of Dysart Road, in Avondale, Arizona, as more particularly described and depicted on Exhibit
A of the TCE Agreement, attached hereto as Exhibit 1 and incorporated herein by reference, is
hereby accepted by the City from Smith’s Food & Drug Centers, Inc.

SECTION 3. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to execute and take all steps necessary to carry out the purpose and
intent of this Ordinance.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED:

Nicholle Harris, City Attorney

EXHIBIT 1
TO
ORDINANCE NO. 2044-1126
[TCE Agreement]

See following pages.

When recorded return to:
City Clerk
City of Avondale
11465 West Civic Center Drive, Suite 200
Avondale, Arizona 85323
This Easement is exempt from recording fee
and Affidavit of Property Value pursuant to
A.R.S. §11-1134(A)(2)

TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this “Agreement”)
is entered into on __________, 2026, by and between SMITH’S FOOD AND DRUG CENTERS,
INC. (“Grantor”) and the City of Avondale, an Arizona municipal corporation (“Grantee”).
RECITALS
A.
Grantor is the record owner of certain real property as shown on Exhibit A, attached
hereto and incorporated herein by reference (the “Grantor Property”).
B.
Grantee has requested, and Grantor has agreed to grant to the Grantee, a nonexclusive temporary construction easement upon, over, across, in, through and under certain
portions of Grantor’s Property for the purpose of constructing intersection improvements as part
of the McDowell Road and Dysart Road Intersection Improvements Project (the “Improvements”).
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by reference, the mutual covenants set forth herein and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the
Grantee agree as follows:
1.
Grant of Temporary Construction Easement. Grantor hereby grants and conveys
to Grantee a temporary construction easement (the “Easement”) upon, over, across, in, through
and under the Grantor Property, at the location legally described and depicted on Exhibit A,
attached hereto and incorporated herein by reference (the “Easement Area”) for purpose of
performing the Improvements.
2.
Maintenance and Use of Temporary Construction Easement. Grantor shall not
maintain the Grantor Property in a manner that impairs the ability or capacity of Grantee to fully
utilize the Easement Area. Grantor shall not construct, install or place, or permit to be constructed,
installed or placed upon the Grantor Property any fence, wall, structure or other improvement or
obstruction that may interfere with or impede Grantee’s access to the Easement Area or the
Grantee’s right to perform the Improvements.
1

3.
Term. This Agreement and the rights, privileges and duties contained herein shall
remain in full effect until the Improvements are complete, when it shall automatically terminate,
unless extended by mutual written agreement of the parties hereto.
4.
Indemnification. To the fullest extent permitted by law, Grantee shall indemnify,
defend and hold harmless Grantor, its successors and assigns, for, from and against any and all
losses, liabilities and expenses which may be claimed or asserted against Grantor, its successors
or assigns, or the Grantor Property, arising from the Grantee’s negligent acts in conjunction with
the use of the Easement.
5.
Consideration. Grantee will pay Grantor Five Thousand, Forty-Seven Dollars
($5,047.00) as consideration for the Easement.
6.
Reservation of Rights. Grantor hereby reserves all such rights and privileges in the
Grantor Property as may be used and enjoyed by Grantor without interfering with or abridging the
rights conveyed to Grantee.
7.
Running of Benefits and Burdens. This Agreement shall be appurtenant to and run
with the land. This Agreement shall be binding upon Grantor and Grantee and their respective
successors and assigns, as applicable, and the Grantor Property and Grantee property, as
applicable.
8.
Attorney’s Fees. Either party may enforce this instrument by appropriate legal action
and the prevailing party in such litigation may recover as part of its costs in such action reasonable
attorney’s fees and court costs.
9.
Counterparts. This Agreement may be executed in counterparts, all of which are
identical, each of which shall be deemed an original, and all of which counterparts, when executed,
taken together shall constitute one and the same instrument.
10.
Amendment. This Agreement may be modified only by a written amendment
signed by persons duly authorized to enter into contracts on behalf of the Grantee and the Grantor.
11.
Cancellation by Grantee. This Agreement may be cancelled by Grantee pursuant to
ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
“GRANTOR”
SMITHS FOOD AND DRUG CENTERS, INC.,
An Ohio Corporation,
By:

_________________________________

Name: _________________________________
Its:

_________________________________

By:

_________________________________

Name: _________________________________
Its:

_________________________________

(ACKNOWLEDGMENT)
STATE OF ___________________ )
)ss.
COUNTY OF _________________ )
On _______________________, 2026, before me personally appeared _______________,
the _______________________ of SMITH’S FOOD AND DRUG CENTERS, INC. whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be and
acknowledged that he signed the above document.

Notary Public
(affix notary seal here)

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

3

“Grantee”
CITY OF AVONDALE, an Arizona
municipal corporation

Ron Corbin, City Manager
ATTEST:

Marcella Sarmiento, City Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA

)
) ss.
COUNTY OF MARICOPA )
On ___________________, 2026, before me personally appeared Ron Corbin, the City
Manager of the CITY OF AVONDALE, an Arizona municipal corporation, whose identity was
proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the City of Avondale.

Notary Public

(affix notary seal here)

4

EXHIBIT A
TO
TEMPORARY CONSTRUCTION EASEMENT
BETWEEN
SMITHS FOOD AND DRUG CENTERS, INC.
AND
THE CITY OF AVONDALE
[Legal Description and Map of Grantor Property and Easement Area]
See following pages.

5

LEGAL DESCRIPTION
APN: 500-02-108
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF LOT 2 "PALMILLA PHASE 2 AMENDED" RECORDED IN BOOK 1568 OF
MAPS, PAGE 04, RECORDS OF MARICOPA COUNTY, ARIZONA LOCATED IN THE
NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 1 WEST OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PART 1:
COMMENCING THE NORTHWEST CORNER OF SAID SECTION 2, FROM WHICH THE
WEST QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 00˚46’53” WEST, A
DISTANCE OF 2620.52 FEET;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 2,
SOUTH 00°46'53" WEST, A DISTANCE OF 274.28 FEET;
THENCE LEAVING SAID WEST LINE, SOUTH 89°13'07" EAST, A DISTANCE OF 73.00
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°26'04" EAST, A DISTANCE OF 35.27 FEET;
THENCE SOUTH 01°25'03" WEST, A DISTANCE OF 42.59 FEET;
THENCE NORTH 89°13'07" WEST, A DISTANCE OF 34.80 FEET;
THENCE NORTH 00°46'53" EAST, A DISTANCE OF 42.45 FEET TO THE POINT OF
BEGINNING.
PART 1 CONTAINING 1,490 SQUARE FEET MORE OR LESS.
TOGETHER WITH;

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

Scale

Drawn by

Checked by

Date

Project No.

Sheet No.

N.T.S.

CWH

CWH

04/15/2026

191323145

1 OF 4

LEGAL DESCRIPTION
APN: 500-02-108
TEMPORARY CONSTRUCTION EASEMENT
PART 2:
COMMENCING THE NORTHWEST CORNER OF SAID SECTION 2, FROM WHICH THE
NORTH QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 89˚26’20” EAST, A
DISTANCE OF 2618.49 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
2, SOUTH 89°26'20" EAST, A DISTANCE OF 734.75 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00°33'40" WEST, A DISTANCE OF 73.00
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°26'20" EAST, A DISTANCE OF 56.12 FEET;
THENCE SOUTH 00°34'05" WEST, A DISTANCE OF 22.08 FEET;
THENCE NORTH 89°22'50" WEST, A DISTANCE OF 56.12 FEET;
THENCE NORTH 00°33'40" EAST, A DISTANCE OF 22.03 FEET TO THE POINT OF
BEGINNING.
PART 2 CONTAINING 1,238 SQUARE FEET MORE OR LESS.
TOTAL COMBINED AREA IS 2,728 SQUARE FEET MORE OR LESS.
SEE EXHIBIT DRAWING BY REFERENCE MADE A PART HERETO.

04/ 27 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

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Project No.

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EXHIBIT A
NORTH

NW COR.
SEC. 2, T1N, R1W
POC

N 1/4 COR.
SEC. 2,
T1N, R1W

MCDOWELL ROAD

N0°46'53"E 2620.52'

274.28'

L2

S89°26'20"E 2618.49'
734.75'

POB
PART 2
POB
PART 1

NEW TCE
SEE SHEET 4

L1
NEW TCE
SEE SHEET 4

APN: 500-02-108
LOT 2
BK. 1568, PG. 4

L1 = S89°13'07"E 73.00'
L2 = S00°33'40"W 73.00'
LEGEND
POC = POINT OF COMENCEMENT
POB = POINT OF BEGINNING
R.O.W. = RIGHT OF WAY
APN = ASSESSOR PARCEL NUMBER
PARCEL LINE
RIGHT OF WAY LINE
NEW TCE

W 1/4 COR.
SEC. 2,
T1N, R1W

04/ 27 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

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Project No.

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EXHIBIT A
NORTH

APN: 500-02-108
LOT 2
BK. 1568, PG. 4
POB TCE
PART 1

NEW TCE

N0°46'53"E 42.45'

S1°25'03"W 42.59'

S89°26'04"E 35.27'

N89°13'07"W 34.80'

NEW TCE

POB TCE
PART 2

S0°34'05"W 22.08'

N0°33'40"E 22.03'

S89°26'20"E 56.12'

N89°22'50"W 56.12'

04/ 27 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

Scale

Drawn by

Checked by

Date

Project No.

Sheet No.

N.T.S.

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N DYS ART RD

W MCD OWE LL RD

500-02-108

TCE
Prepared on 9/17/2026 by the Geospatial Services Division of the Information Technology Department

Not to Scale

I

R:\Maps\Exhibits\VicinityMaps\AerialExhibit_Workspace

CITY COUNCIL REPORT
ITEM NUMBER:

4.i.

SUBJECT:

Ordinance 2045-1126 - Acquisition of Real Property and Acceptance of a Temporary
Construction Easement from Janice L. Eckenrode

MEETING DATE:

11/2/2026

TO:

Mayor and Council

FROM:

Kimberly Moon, Director, Engineering Department

THROUGH:

Jennifer Stein, Assistant City Manager, (623) 333-1014

REVIEWED:

Ron Corbin, City Manager, (623) 333-1011

STRATEGIC PLAN:
This agenda item supports the following Avondale Strategic Outcome Area: Resilient Infrastructure &
Transportation
Avondale invests in safe and sustainable infrastructure, including water, roads, and utilities, and actively
participates in regional planning and development.

PURPOSE:
City Council will consider a request to adopt Ordinance 2045-1126, authorizing the acquisition of real property
and acceptance of a temporary construction easement from Janice L. Eckenrode, for public use, located at the
southeast corner of Dysart Road and McDowell Road and authorize the Mayor or City Manager, City Attorney
and City Clerk to execute the necessary documents. The Council will take appropriate action.
BACKGROUND:
The City of Avondale has finalized plans for the McDowell Road and Dysart Road Intersection Improvements
Project (T0405). The project improvements include three travel lanes, dual left-turn lanes, dedicated right-turn
lanes, and bike lanes. The project will also include upgraded ADA ramps and traffic signals, as well as the
installation of streetlights and landscaped medians.
To facilitate construction of the project, the City will acquire right-of-way and/or temporary construction
easement from several adjacent property owners. One of the parcels, owned by Janice L. Eckenrode, is
improved with a Citgo convenience store. The parcel is identified by Assessor’s Parcel Number 500-02-047
and is located at the southeast corner of Dysart Road and McDowell Road.
DISCUSSION:
The City intends to acquire 924 square feet of the property for right-of-way purposes and a temporary
construction easement (TCE) containing 1,110 square feet.
Upon completion and acceptance of the project by the City, the TCE will no longer be needed and will be
formally terminated by Staff.

Just compensation was based on an appraisal of the fair market value of the property conducted by a statecertified general appraiser. An offer of $41,212 in total compensation for the property acquisition, site
improvements, and TCE was presented to and accepted by the property owner.
BUDGET IMPACT:
Funding for land acquisition is included in the FY2027 CIP program under Project T0405 which has been
approved by City Council.
RECOMMENDATION:
Staff recommends City Council adopt an Ordinance authorizing the acquisition of real property and acceptance
of a temporary construction easement for public use located at the southeast corner of Dysart Road and
McDowell Road and authorize the Mayor or City Manager, City Attorney and City Clerk to execute the
necessary documents.
Contact person for document distribution: Yulonda Moore

N DYS ART RD

W MCD OWE LL RD

500-02-047

Right of Way
Temporary Construction Easement
Prepared on 10/8/2026 by the Geospatial Services Division of the Information Technology Department

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ORDINANCE NO. 2045-1126
AN ORDINANCE OF THE COUNCIL OF THE CITY OF AVONDALE,
ARIZONA, ACCEPTING THE DEDICATION OF REAL PROPERTY FOR
PUBLIC USE AS RIGHT-OF-WAY, AND ACCEPTING THE GRANT OF A
TEMPORARY CONSTRUCTION EASEMENT FOR PUBLIC USE DURING
THE MCDOWELL ROAD AND DYSART ROAD INTERSECTION
IMPROVEMENTS PROJECT, BOTH LOCATED ALONG THE SOUTH SIDE
OF MCDOWELL ROAD AND EAST OF DYSART ROAD, FROM JANICE L.
ECKENRODE.
WHEREAS, Article I, Section 3 of the Avondale City Charter authorizes the City of
Avondale (the “City”) to acquire real property in fee simple or any lesser interest, inside or outside
its corporate limits, for any City purpose, when the public convenience requires it, and in
accordance with the provisions of State law; and
WHEREAS, Janice L. Eckenrode is the owner of certain real property at the southeast
corner of McDowell and Dysart Roads, and identified as Assessor’s Parcel Number (“APN”)
500-02-047, in Avondale, Arizona (the “Property”); and
WHEREAS, Ms. Eckenrode desires to dedicate an area of the Property totaling ± 924
square feet for public use as right-of-way (“ROW Property”) in connection with the McDowell
Road and Dysart Road Intersection Improvements Project (the “Project”); and
WHEREAS, Ms. Eckenrode also desires to grant an area of the Property totaling ± 1,110
square feet for public use as a Temporary Construction Easement (“TCE”) for the City’s use
during the Project; and
WHEREAS, the Council of the City of Avondale (the “City Council”) desires to accept
the dedication of the ROW Property and the grant of the TCE from Ms. Eckenrode on the terms
set forth herein, and in the Temporary Construction Easement attached hereto as Exhibit 1 and
incorporated herein by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVONDALE as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The dedication of the ROW Property totaling ± 924 square feet, located
along the south side of McDowell Road, in Avondale, Arizona, as more particularly described and
depicted on Exhibit 2, attached hereto and incorporated herein by reference, is hereby accepted by
the City.

SECTION 3. The property described and depicted on Exhibit 2 is hereby declared to be
public right-of-way.
SECTION 4. The grant of a Temporary Construction Easement (“TCE”) totaling ± 1,110
square feet and located along the south side of McDowell Road and the east side of Dysart Road,
in Avondale, Arizona, as more particularly described and depicted on Exhibit A of the TCE
Agreement, attached hereto as Exhibit 1 and incorporated herein by reference, is hereby accepted
by the City from Ms. Eckenrode.
SECTION 5. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to execute and take all steps necessary to carry out the purpose and
intent of this Ordinance.
PASSED AND ADOPTED by the Council of the City of Avondale, Arizona,
November 2, 2026.

Mike Pineda, Mayor
ATTEST:

Marcella Sarmiento, City Clerk
APPROVED:

Nicholle Harris, City Attorney

EXHIBIT 1
TO
ORDINANCE NO. 2045-1126
[TCE Agreement]

See following pages.

When recorded return to:
City Clerk
City of Avondale
11465 West Civic Center Drive, Suite 200
Avondale, Arizona 85323
This Easement is exempt from recording fee
and Affidavit of Property Value pursuant to
A.R.S. §11-1134(A)(2)

TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this “Agreement”)
is entered into on __________, 2026, by and between JANICE L. ECKENRODE (“Grantor”) and
the City of Avondale, an Arizona municipal corporation (“Grantee”).
RECITALS
A.
Grantor is the record owner of certain real property as shown on Exhibit A, attached
hereto and incorporated herein by reference (the “Grantor Property”).
B.
Grantee has requested, and Grantor has agreed to grant to the Grantee, a nonexclusive temporary construction easement upon, over, across, in, through and under certain
portions of Grantor’s Property for the purpose of constructing intersection improvements as part
of the McDowell Road and Dysart Road Intersection Improvements Project (the “Improvements”).
AGREEMENT
NOW, THEREFORE, in consideration of the recitals set forth above, which are
incorporated herein by reference, the mutual covenants set forth herein and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the
Grantee agree as follows:
1.
Grant of Temporary Construction Easement. Grantor hereby grants and conveys
to Grantee a temporary construction easement (the “Easement”) upon, over, across, in, through
and under the Grantor Property, at the location legally described and depicted on Exhibit A,
attached hereto and incorporated herein by reference (the “Easement Area”) for purpose of
performing the Improvements.
2.
Maintenance and Use of Temporary Construction Easement. Grantor shall not
maintain the Grantor Property in a manner that impairs the ability or capacity of Grantee to fully
utilize the Easement Area. Grantor shall not construct, install or place, or permit to be constructed,
installed or placed upon the Grantor Property any fence, wall, structure or other

improvement or obstruction that may interfere with or impede Grantee’s access to the Easement
Area or the Grantee’s right to perform the Improvements.
Term. This Agreement and the rights, privileges and duties contained herein shall
3.
remain in full effect until the Improvements are complete, when it shall automatically terminate,
unless extended by mutual written agreement of the parties hereto.
4.
Indemnification. To the fullest extent permitted by law, Grantee shall indemnify,
defend and hold harmless Grantor, its successors and assigns, for, from and against any and all
losses, liabilities and expenses which may be claimed or asserted against Grantor, its successors
or assigns, or the Grantor Property, arising from the Grantee’s negligent acts in conjunction with
the use of the Easement.
5.
Consideration. Grantee will pay Grantor Forty-One Thousand, Two Hundred and
Twelve Dollars ($41,212.00) as consideration for the Easement and other property dedicated by
Ms. Eckenrode.
6.
Reservation of Rights. Grantor hereby reserves all such rights and privileges in the
Grantor Property as may be used and enjoyed by Grantor without interfering with or abridging the
rights conveyed to Grantee.
7.
Running of Benefits and Burdens. This Agreement shall be appurtenant to and run
with the land. This Agreement shall be binding upon Grantor and Grantee and their respective
successors and assigns, as applicable, and the Grantor Property and Grantee property, as
applicable.
8.
Attorney’s Fees. Either party may enforce this instrument by appropriate legal action
and the prevailing party in such litigation may recover as part of its costs in such action reasonable
attorney’s fees and court costs.
9.
Counterparts. This Agreement may be executed in counterparts, all of which are
identical, each of which shall be deemed an original, and all of which counterparts, when executed,
taken together shall constitute one and the same instrument.
10.
Amendment. This Agreement may be modified only by a written amendment
signed by persons duly authorized to enter into contracts on behalf of the Grantee and the Grantor.
11.
Cancellation by Grantee. This Agreement may be cancelled by Grantee pursuant to
ARIZ. REV. STAT. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]

2

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set
forth above.
“GRANTOR”
JANICE L. ECKENRODE,
By:

_________________________________

(ACKNOWLEDGMENT)
STATE OF ___________________ )
)ss.
COUNTY OF _________________ )
On ________________________, 2026, before me personally appeared JANICE L.
ECKENRODE, whose identity was proven to me on the basis of satisfactory evidence to be the
person who he claims to be and acknowledged that he signed the above document.

Notary Public
(affix notary seal here)

[SIGNATURES CONTINUE ON FOLLOWING PAGE]

3

“Grantee”
CITY OF AVONDALE, an Arizona
municipal corporation

Ron Corbin, City Manager
ATTEST:

Marcella Sarmiento, City Clerk
(ACKNOWLEDGMENT)
STATE OF ARIZONA

)
) ss.
COUNTY OF MARICOPA )
On ___________________, 2026, before me personally appeared Ron Corbin, the City
Manager of the CITY OF AVONDALE, an Arizona municipal corporation, whose identity was
proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the City of Avondale.

Notary Public

(affix notary seal here)

4

EXHIBIT A
TO
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
BETWEEN
JANICE L. ECKENRODE
AND
THE CITY OF AVONDALE
[Legal Description and Map of Grantor Property and Easement Area]
See following pages.

5

LEGAL DESCRIPTION
APN: 500-02-047
TEMPORARY CONSTRUCTION EASEMENT
A PORTION OF LOT 6 "PALMILLA PHASE 2 AMENDED" RECORDED IN BOOK 566 OF
MAPS, PAGE 47, RECORDS OF MARICOPA COUNTY, ARIZONA LOCATED IN THE
NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 1 WEST OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING THE NORTHWEST CORNER OF SAID SECTION 2, FROM WHICH THE
NORTH QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 89˚26’20” EAST, A
DISTANCE OF 2618.49 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
2, SOUTH 89°26'20" EAST, A DISTANCE OF 153.73 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00°33'40" WEST, A DISTANCE OF 73.00
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°26'20" EAST, A DISTANCE OF 60.00 FEET;
THENCE SOUTH 00°33'40" WEST, A DISTANCE OF 18.50 FEET;
THENCE NORTH 89°26'20" WEST, A DISTANCE OF 60.00 FEET;
THENCE NORTH 00°33'40" EAST, A DISTANCE OF 18.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,110 SQUARE FEET MORE OR LESS.
SEE EXHIBIT DRAWING BY REFERENCE MADE A PART HERETO.

04/ 15 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

Scale

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EXHIBIT A
NORTH

NW COR.
SEC. 2, T1N, R1W

N 1/4 COR.
SEC. 2,
T1N, R1W

MCDOWELL ROAD
S89°26'20"E 2618.49'

DYSART ROAD

L1

153.73'

N0°46'53"E 2620.52'

POB

NEW TCE
SEE SHEET 3

APN: 500-02-047
LOT 6
BK. 566, PG. 47

L1 = S00°33'40"W

LEGEND
POC = POINT OF COMENCEMENT
POB = POINT OF BEGINNING
R.O.W. = RIGHT OF WAY
APN = ASSESSOR PARCEL NUMBER
PARCEL LINE
RIGHT OF WAY LINE
NEW TCE

04/ 15 / 26

W 1/4 COR.
SEC. 2,
T1N, R1W

CHAD W. HUBER
RLS 35316
[email protected]

73.00'

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

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EXHIBIT A
NORTH

APN: 500-02-047
LOT 6
BK. 566, PG. 47

NEW TCE

POB TCE

S0°33'40"W 18.50'

N0°33'40"E 18.50'

S89°26'20"E 60.00'

N89°26'20"W 60.00'

04/ 15 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

Scale

Drawn by

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Date

Project No.

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500-02-047 – TCE
North: 895668.8545'

East: 571919.5409'

Segment #1 : Line
Course: S89°26'20"E

Length: 60.00'

North: 895668.2669'

East: 571979.5381'

Segment #2 : Line
Course: S0°33'40"W

Length: 18.50'

North: 895649.7678'

East: 571979.3569'

Segment #3 : Line
Course: N89°26'20"W

Length: 60.00'

North: 895650.3554'

East: 571919.3598'

Segment #4 : Line
Course: N0°33'40"E

Length: 18.50'

North: 895668.8545'

East: 571919.5409'

Perimeter: 157.00'

Area: 1110.00 Sq. Ft.

Error Closure:

0.0000

Error North:

0.00000

Course: N0°00'00"E
East: 0.00000

Precision 1: 157000000.00

04/ 15 / 26

EXHIBIT 2
TO
ORDINANCE NO. 2045-1126
[Legal Description and Map – ROW Property]
See following pages.

LEGAL DESCRIPTION
APN: 500-02-047
RIGHT OF WAY
A PORTION OF LOT 6 "PALMILLA PHASE 2 AMENDED" RECORDED IN BOOK 566 OF
MAPS, PAGE 47, RECORDS OF MARICOPA COUNTY, ARIZONA LOCATED IN THE
NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 1 WEST OF THE
GILA AND SALT RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING THE NORTHWEST CORNER OF SAID SECTION 2, FROM WHICH THE
NORTH QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 89˚26’20” EAST, A
DISTANCE OF 2618.49 FEET;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION
2, SOUTH 89°26'20" EAST, A DISTANCE OF 104.52 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 00°33'40" WEST, A DISTANCE OF 65.00
FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°26'20" EAST, A DISTANCE OF 181.43 FEET;
THENCE SOUTH 00°33'40" WEST, A DISTANCE OF 5.00 FEET;
THENCE NORTH 89°26'20" WEST, A DISTANCE OF 186.45 FEET;
THENCE NORTH 45°40'30" EAST, A DISTANCE OF 7.09 FEET TO THE POINT OF
BEGINNING.
CONTAINING 924 SQUARE FEET MORE OR LESS.
SEE EXHIBIT DRAWING BY REFERENCE MADE A PART HERETO.

04/ 15 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

Scale

Drawn by

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Date

Project No.

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EXHIBIT A
NORTH

NW COR.
SEC. 2, T1N, R1W

N 1/4 COR.
SEC. 2,
T1N, R1W

MCDOWELL ROAD
S89°26'20"E 2618.49'

L1
POB

NEW ROW
SEE SHEET 3

N0°46'53"E 2620.52'

DYSART ROAD

104.52'

APN: 500-02-047
LOT 6
BK. 566, PG. 47

L1 = S00°33'40"W

LEGEND
POC = POINT OF COMENCEMENT
POB = POINT OF BEGINNING
R.O.W. = RIGHT OF WAY
APN = ASSESSOR PARCEL NUMBER
PARCEL LINE
RIGHT OF WAY LINE
NEW ROW

04/ 15 / 26

W 1/4 COR.
SEC. 2,
T1N, R1W

CHAD W. HUBER
RLS 35316
[email protected]

65.00'

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

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EXHIBIT A
NORTH

APN: 500-02-047
LOT 6
BK. 566, PG. 47

NEW ROW

POB ROW
N45°40'30"E
7.09'

S89°26'20"E 181.43'

S0°33'40"W
5.00'

N89°26'20"W 186.45'

04/ 15 / 26

CHAD W. HUBER
RLS 35316
[email protected]

1661 E. CAMELBACK RD, SUITE 400
PHOENIX, AZ 85016

Tel. No. (602) 837-5511

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500-02-047 – ROW
North: 895766.1687'

East: 571825.8443'

Segment #1 : Line
Course: S89°26'20"E

Length: 181.43'

North: 895764.3919'

East: 572007.2656'

Segment #2 : Line
Course: S0°33'40"W

Length: 5.03'

North: 895759.3622'

East: 572007.2164'

Segment #3 : Line
Course: N89°25'58"W

Length: 186.46'

North: 895761.2081'

East: 571820.7655'

Segment #4 : Line
Course: N45°40'30"E

Length: 7.10'

North: 895766.1690'

East: 571825.8448'

Perimeter: 380.01'

Area: 923.57 Sq. Ft.

Error Closure:

0.0006

Error North:

0.00035

Course: N50°48'28"E
East: 0.00043

Precision 1: 633366.67

04/ 15 / 26