Apache Trail High School Agreement
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PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE
JUNCTION AND Leona Group - Apache Trail High School
THIS AGREEMENT is made as of the ___ day of 2026 (the
“Effective Date”) by and between the CITY OF APACHE JUNCTION, an Arizona
municipal corporation (“City”), and Leona Group — Apache Trail High School, an
Arizona domestic non-profit corporation (“School”), both of which may be
hereinafter referred to collectively as the “Parties” or individually as a “Party”,
for the project entitled “School Resource Officer Services”.
RECITALS
A. School desires City to assign a police officer its School as a School
Resource Officer (“SRO”) for services noted in § 5 of this Agreement, and City is
willing to assign an SRO to School for such purposes under the terms and
conditions of this Agreement.
B. The Parties are authorized by A.R.S. §§ 15-342(13) and 14-952 to enter
into this agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
mutual promises and covenants set forth herein, and for other consideration,
the receipt and adequacy of which is hereby acknowledged, the Parties agree
as follows:
1. ELIGIBLE SCHOOL LOCATIONS. The following school is within the
City of Apache Junction:
Apache Trail High School, 945 West Apache Trail, Apache Junction,
AZ 85120.
2. TERM AND TERMINATION. The term of this Agreement starts on
July 1, 2026 and ends on June 30, 2027 unless renewed by both Parties and
funding is available. This Agreement shall commence on the Effective Date
however, either Party may terminate this Agreement for any reason upon thirty
(30) calendar days' written notice to the other Party by first class certified U.S.
mail, postage prepaid, addressed to the other Party as set forth in § 11 of this
Agreement.
3. RELATIONSHIP OF PARTIES. City shall have the status of an
independent contractor for purposes of this Agreement and this Agreement is
not intended to, and will not constitute, create, give rise to, or otherwise
recognize a joint venture, partnership, or formal business association or
organization of any kind between the Parties, and the rights and obligations of
the Parties shall only be those expressly set forth in this Agreement.
The assigned SRO shall be an employee of City and shall be subject to its control
and supervision. The assigned SRO will be subject to current procedures in
effect for City police officers, including attendance at all mandated training and
testing to maintain state peace officer certification. The assigned SRO shall
fulfill duties as a law enforcement officer as certified by the Arizona Police
Officers Standards and Training board ("AZ POST"). School shall not interfere
with the assigned SRO duties as a sworn law enforcement officer.
City understands that School is responsible for the safety of students on campus
during curriculum hours. If School receives information that the assigned SRO
may have engaged in unprofessional, illegal, or immoral conduct, School will
immediately provide such information to City. If City receives information from
any credible source indicating that the assigned SRO may have engaged in
unprofessional, illegal, or immoral conduct that would affect the officer's ability
to safely and/or professionally perform duties for School, City will immediately
provide such information, as allowed by law, to School.
tf any alleged unprofessional, illegal, or immoral conduct might affect the SRO's
ability to safely and/or professionally perform duties for School, City will
immediately remove the SRO from School to allow City and/or School to
investigate the allegations. City agrees to temporarily assign a replacement to
School in this situation and if a replacement officer cannot be provided, School
will be credited for each day an officer is not assigned to the campus. School, at
its sole discretion, may refuse the assignment of any officer who has previously
been removed from School because of allegations of unprofessional, illegal, or
immoral conduct.
School shall reimburse City for the costs of SRO's compensation for: 1) days
School is in session and the SRO is present at School; 2) Ouring the summer
when School is not in session but summer planning days, preparing lesson
plans, safety program 3) when the SRO is not at School due to an off-campus
activity at Schools’ request; 4) when SRO is involved in activity stemming from
action taken by the officer while in service of School, including attendance at
court; and 5) when the SRO is working an alternative work schedule as agreed
upon by City and School. City is responsible for the costs of SRO's
compensation for all other hours of work performed by SRO.
4. COMPENSATION:
A. Cost _of Wages for Anticipated Scheduled Hours. School
agrees to pay City up to One Hundred Sixty One Thousand Six Hundred
Sixty Nine Dollars and Thirty One Cents. ($161,669.31) for SRO services
rendered during the Fiscal Year 2026-2027 in consideration for the SRO
services provided by City as set forth in § 5 below.
B. Overtime. The SRO must seek approval from the School’s
principal, or the principal's designee, and the appropriate City police
department supervisor before working on SRO-related overtime (ie,
those matters pertaining to School, its students, or its employees). Schoo!
shall pay one hundred percent (100%) of any SRO overtime worked as the
result of SRO-related functions. City shall pay one hundred percent (100%)
of any SRO overtime that results from City-related activities (i.e., those
matters that do not involve School, its students, or its employees).
Cc. Payment and Late Fees. Payment to City from School is due
within thirty (30) calendar days of School’s receipt of a monthly itemized
invoice. School agrees to pay interest ("late fees”) in the amount of ten
percent (10%) per annum on any balance that remains unpaid more than
fifteen (15) calendar days after the due date. City may, at its discretion,
waive late fees on a case-by-case basis.
D. Budget. Each Party will establish and maintain a budget
according to its established rules and regulations.
5. SRO'S RESPONSIBILITIES AND GOALS.
A. The SRO shail have the following responsibilities:
i. Provide appropriate police and enforcement services at
School.
ii. Participate with School security team to conduct safety
assessments and recommend improvements and enhance
student safety.
iii. Prepare and deliver law-related education lessons upon
School request and approval.
iv. Develop collaborations with community resources, identifying
services offered that could benefit students.
v. Plan in-service training for School staff on topics including,
but not limited to; student safety, substance abuse, gang
related information, law related education, etc..
vi. Collaborate with School administration to analyze criminal
incident reports and disciplinary records as a means of
identifying patterns and developing strategies to address
problems.
vii. Work with community-based and youth recreational and
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leadership development activities that complement and
reinforce School safety priorities.
viii. Attend training opportunities.
ix. Complete required training and reports as dictated by the
School’s Safety Grant.
x. Contact the parent or guardian of students who have not
provided School with proof of identification in accordance
with A.R.S. § 15-828.
xi. Prepare and maintain such records of SRO and activities as
are required by the operational needs of the Apache Junction
Police Department.
B. An SRO shall use good faith efforts to achieve the following
goals:
i. Work cooperatively with School administrators to establish an
effective administrative review of truancy and repetitive
incidents with the objective of reducing truancy.
ii. Refer juveniles or their parents/guardians to appropriate
social service agencies for assistance when a need is
determined.
iii. Instruct administrators and faculty members in: (a) the
identification of abused or neglected children; (b) the
reporting of abuse or neglect; and (c) the actions that can be
taken to prevent further abuse or neglect.
iv. Take appropriate steps, including enforcement and reporting
action, consistent with a police officer's duty, upon the
discovery of child abuse, drug use, or any other crime.
v. Work cooperatively with School administration and staff to
provide a safe learning environment for all staff and students.
6. TIME AND PLACE OF PERFORMANCE.
A. City shall assign one police officer to School beginning on
U4, /_, 2026. City will ensure that the assigned SRO will provide the
services under this Agreement in a full-time, forty (40) hour a week
capacity when school is in session and as the administration requests
during out-of-session breaks. The assigned officer will wear uniforms as
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authorized by City.
B. The SRO's activities will be restricted to the assigned school
grounds except for:
i. Follow-up home visits when needed as a result of School-
related matters.
ii. Incentive programs approved in writing (for example, by e-
mail) between the police department supervisor and the
School principal, or the principal's designee.
iii. In response to off campus, but School-related, criminal
activity.
iv. Attendance at off-campus events or meetings at School's
request.
v. Attendance at training.
vi. In response to emergency police activities.
vii. As directed by any police department supervisor.
viii. During days that Schools is not in session or on days that SRO
is not assigned to out-of-session breaks, the assigned SRO
shall perform his or her regular duties as determined by City.
7. SCHOOL RESPONSIBILITIES.
A. School will provide the SRO with an office at School sites and
such equipment and office supplies as is necessary for performance of
the duties noted in this Agreement, including a desk, chair, telephone,
computer and e-mail linkages, and filing space capable of being secured.
B. Upon termination, all property or equipment used by the
Parties in the performance of their responsibilities under this Agreement
shall remain the property of the Party that purchased the property or
equipment.
8. STATUS MEETINGS. By mutual agreement, the Parties may meet
from time to time for purposes of discussing the status and conduct of the work
being performed under this Agreement and addressing any problems that have
come to the Parties’ attention and their views as to how such problems may be
resolved, including amending the terms and conditions of this Agreement.
9. ENTIRE AGREEMENT. This Agreement and any attachments
represent the entire agreement between the Parties and supersede all prior
negotiations, representations or agreements, either express or implied, written
or oral. It is mutually understood and agreed that no alteration or variation of the
terms and conditions of this Agreement shall be valid unless made in writing and
signed by the Parties hereto. Written and signed amendments shall
automatically become part of the supporting documents, and shall supersede
any inconsistent provision therein; provided, however, that any apparent
inconsistency shail be resolved, if possible, by construing the provisions as
mutually complementary and supplementary. All amendments to this Agreement
must be in writing and approved by the City Council and School Governing
Board.
10. NONDISCRIMINATION. Both Parties shall comply with all applicable
state and federal employment laws, rules, regulations and executive orders that
all persons shall have equal access to employment and educational
opportunities regardless of race, color, religion, sex, age, national origin,
disability, veteran’s status, political affiliation, and/or genetic code and shall
comply with Executive Order 2009-09.
11. NOTICES: All notices to the a Party required under this Agreement
shall be in writing and sent by first class certified mail, postage prepaid, return
receipt requested, addressed to the following:
If to City: Apache Junction Police Department
Attn: Chief of Police
300 East Superstition Boulevard
Apache Junction, AZ 85119
If to School: Leona Group Schools
Apache Trail High School
945 West Apache Trail
Apache Junction, AZ 85120
12. INSURANCE: School, at its own expense, shall purchase and
maintain the herein stipulated minimum insurance with companies duly licensed,
possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in
the State of Arizona with policies and forms satisfactory to City.
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
School’s insurance shalt be primary insurance as respects the City, and any
insurance or self-insurance maintained by City shall not contribute to it.
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Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers’ Compensation, shall contain a waiver
of transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of School’s acts, errors,
mistakes, omissions, work or service.
Insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
School shall be solely responsible for the deductible and/or self-retention and
City, at its option, may require School to secure payment of such deductibles or
self-insured retentions by a surety bond or an irrevocable and unconditional
tetter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
School of any deficiencies in such policies and endorsements, and such receipt
shall not relieve School from, or be deemed a waiver of, City’s right to insist on
strict fulfillment of School’s obligations under this Agreement.
The insurance policies, except Workers’ Compensation and Professional
Liability, required by this Agreement, shall name City, its agents, officers,
officials and employees as Additional Insureds.
REQUIRED COVERAGE
Commercial General Liability
Schoo! shall maintain Commercial General Liability insurance with a limit of not
less than $1,000,000 for each occurrence with a $2,000,000
Products/Completed Operations Aggregate and a $2,000,000 General
Aggregate limit. The policy shall include coverage for bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage including, but not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, inc. Policy Form No. CG
00011093, or the equivalent thereof.
Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
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The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.’s Additional Insured, Form
B, CG 20101185, or the equivalent thereof, and shall include coverage for
School’s operations and products and completed operations.
Workers’ Compensation
School shall carry Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of School’s employees
engaged in the performance of the work or services and Employer's Liability
insurance of not less than $100,000 for each accident, $100,000 disease for
each employee, and $500,000 disease policy limit.
By execution of this Agreement, School certifies as follows:
“lam aware and understand the provisions of A.R.S. § 23-901 ef seq.
which requires every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in
accordance with the provisions of this chapter, and | will comply with
such provisions before commencing the performance of the work of
this Agreement.”
If School has no employees for whom workers’ compensation insurance Is
required, School shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when School employs any
employees subject to coverage.
In case any work described herein is subcontracted, School will require
subcontractors to provide Workers’ Compensation and Employer's Liability
insurance to at least the same extent as required of School.
Certificates of Insurance
Prior to commencing work or services under this Agreement, School shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by School’s insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect. The form of the certificates of insurance
and endorsements shall be subject to the approval of the Apache Junction City
Attorney’s Office, shall comply with the terms of this Agreement, and shall be
issued and delivered to City Attorney, City of Apache Junction, 300 East
Superstition Boulevard, Apache Junction, AZ 85119.
In the event any insurance policies required by this Agreement are written on a
“claims made” basis, coverage shall extend for two (2) years past completion
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and acceptance of School’s work or services and as evidenced by annual
Certificates of Insurance.
lf a policy does expire during the life of the Agreement, a renewal certificate
must be sent to City thirty (30) calendar days prior to the expiration date.
All Certificates of Insurance shall be identified with bid serial number and title.
Policies or certificates and completed forms of City’s Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City and shall include the City as an additional insured. The policy
or policies shall be in the usual form of a public liability insurance, but shall also
include the following provision:
“Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy.”
Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) calendar days’ prior written notice to City.
13. APPLICABLE LAW AND VENUE: The terms and conditions of this
Agreement shail be governed by and interpreted in accordance with the laws of
the State of Arizona. Any action at law or in equity brought by either party for
the purpose of enforcing a right or rights provided for in this Agreement, shall
be tried in a court of competent jurisdiction in Pinal County, State of Arizona.
The Parties hereby waive all provisions of law providing for a change of venue in
such proceeding to any other county. In the event either Party shall bring suit to
enforce any term of this Agreement or to recover any damages for and on
account of the breach of any term or condition in this Agreement, it is mutually
agreed that the prevailing party in such action shall recover all costs including:
all litigation and appeal expenses, collection expenses, reasonable attorney
fees, necessary witness fees and court costs to be determined by the court in
such action.
14. FORCE MAJEURE: Neither City nor School, as the case may be,
shall be considered not to have performed its obligations under this Agreement
in the event of enforced delay (an “Enforced Delay”) due to causes beyond its
control and without its fault or negligence or failure to comply with applicable
laws, including, but not restricted to, acts of God, fires, floods, epidemics,
pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually
severe weather or the delays of subcontractors or materialmen due to such
causes, acts of a public enemy, war, terrorism or act of terror (including but not
limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade,
insurrection, riot, labor strike or interruption, extortion, sabotage, or similar
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occurrence or any exercise of the power of eminent domain of any governmental
body on behalf of any public entity, or a declaration of moratorium or similar
hiatus (whether permanent or temporary) by any public entity directly affecting
the obligations under this Agreement. In no event will Enforced Delay include
any delay resulting from unavailability for any reason of labor shortages, or the
unavailability for any reason of particular Schools, subcontractors, vendors or
investors desired by School in connection with the obligations under this
Agreement. School agrees that School alone will bear all risks of delay which
are not Enforced Delay. In the event of the occurrence of any such Enforced
Delay, the time or times for performance of the obligations of the Party claiming
delay shall be extended for a period of the Enforced Delay; provided, however,
that the Party seeking the benefit of the provisions of this Section shall, within
thirty (30) calendar days after such Party knows or should know of any such
Enforced Delay, first notify the other Party of the specific delay in writing and
claim the right to an extension for the period of the Enforced Delay; and
provided further that in no event shall a period of Enforced Delay exceed ninety
(90) calendar days.
15. RECORDS: Records of School’s labor, payroll, and other cots
pertaining to this Agreement shall be kept on a generally recognized accounting
basis and made available to City for inspection on request. School shall maintain
records for a period of at least two (2) years after termination of this Agreement,
and shall make such records available during that retention period for
examination or audit by City personnel during regular business hours.
16. INDEPENDENT CONTRACTOR: City and School agree and
understand that the relationship between both Parties is that of an independent
contractor.
17. WAIVER OF TERMS AND CONDITIONS: The failure of City or School
to insist in any one or more instances on performance of any of the terms or
conditions of this Agreement or to exercise any right or privilege contained
herein shall not be considered as thereafter waiving such terms, conditions,
rights or privileges, and they shall remain in full force and effect.
18. COMPLIANCE WITH FEDERAL AND STATE LAWS: School
understands and acknowledges the applicability of the American with
Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to the services performed under this Agreement.
As required by A.R.S. § 41-4401, School hereby warrants its compliance with all
federal immigration laws and regulations that relate to its employees and A.R.S.
§ 23-214(A). Schoo! further warrants that after hiring an employee, School will
verify the employment eligibility of the employee through the E-Verify program. If
School uses any subcontractors in performance of services, subcontractors
shall warrant their compliance with all federal immigration laws and regulations
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that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall
further warrant that after hiring an employee, such subcontractor verifies the
employment eligibility of the employee through the E-Verify program. A breach
of this warranty shall be deemed a material breach of the Agreement that is
subject to penalties up to and including termination of this Agreement. School is
subject to a penalty of $100 per day for the first violation, $500 per day for the
second violation, and $1,000 per day for the third violation. City at its option
may terminate this Agreement after the third violation. School shall not be
deemed in material breach of this Agreement if the School and/or
subcontractors establish compliance with the employment verification
provisions of Sections 274A and 274B of the federal Immigration and Nationality
Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains
the lega! right to inspect the papers of any School or subcontractor employee
who works under this Agreement to ensure that the School or subcontractor is
complying with the warranty. Any inspection will be conducted after reasonable
notice and at reasonable times. If state law is amended, the Parties may modify
this paragraph consistent with state law.
19. SEVERABILITY: City and School each believe that the execution,
delivery and performance of this Agreement are in compliance with alt
applicable laws. However, in the unlikely event that any provision of this
Agreement is declared void or unenforceable (or is construed as requiring City
to do any act in violation of any applicable laws, including any constitutional
provision, taw, regulation, or city code), such provision shall be deemed severed
from this Agreement and this Agreement shall otherwise remain in full force and
effect; provided that this Agreement shall retroactively be deemed reformed to
the extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the Parties as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the Parties further shall perform all acts and execute, acknowledge and/or
deliver all amendments, instruments and consents necessary to accomplish and
to give effect to the purposes of this Agreement, as reformed.
20. SUCCESSORS, ASSIGNMENT & DELEGATION: City and School
each bind themselves, their partners, successors, assigns and legal
representatives to the other Party hereto and to the partners, successors,
assigns and legal representatives of such other Party in respect to allt
covenants, agreements and obligations contained in this Agreement. Neither
Party to the Agreement shall assign the Agreement or sublet it as a whole or
delegate the duties hereunder, without the written consent of the other, nor
shall School assign any monies due or to become due to it without the previous
written consent of City.
21. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE
IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-
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$93 through 35-393.03, as amended, which forbids public entities from
contracting with Schools who engage in boycotts of the State of Israel. Should
School under this Agreement engage in any such boycott against the State of
Israel, this Agreement shall be deemed automatically terminated by operation of
law. Any such boycott is a material breach of contract.
22. CERTIFICATION PURSUANT TO A.R.S. § 35-394. In accordance
with Arizona Revised Statutes § 35-394, School hereby certifies and agrees that
School does not currently and shall not for the duration of this Agreement use:
1) the forced labor of ethnic Uyghurs in the People’s Republic of China, 2) any
services or goods produced by the forced labor of ethnic Uyghurs in the
People’s Republic of China, and/or 3) any suppliers, contractors or
subcontractors that use the forced labor or any services or goods produced by
the forced labor of ethnic Uyghurs in the People’s Republic of China. If School
becomes aware during the term of this Agreement that School is not in
compliance with this Section, then School shall notify the City within five (5)
business days after becoming aware of such noncompliance. If School does not
provide the City with written certification that School has remedied such
noncompliance within one hundred eighty (180) days after notifying the City of
such noncompliance, this Agreement shall terminate, except that if the
Agreement termination date occurs before the end of such one hundred eighty
(180) day remedy period, this Agreement shall terminate on such contract
termination date.
23. CONFLICTS OF INTEREST: This Agreement is subject to, and may
be terminated by City in accordance with, the provisions of A.R.S. § 38-511.
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IN WITNESS WHEREOF, School and City have executed this Agreement as
of the date first set forth above.
ATTEST:
Evie McKinney
City Clerk
APPROVED AS TO FORM:
R. Joel Stern
City Attorney
SCHOOL:
BWA Trail High School
Be
Ite: PRINCIPAL esd =
CITY:
CITY OF APACHE JUNCTION, ARIZONA,
an Arizona municipal corporation
By: Walter “Chip” Wilson
Its: Mayor
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STATE OF “fr, zonc_ )
) ss.
COUNTY OF “Jericazc _)
The foregoing was subscribed and sworn to before me this “ft day of
, 2026, by Gare Bee. aS femudaat _ of Leona
Grodp — - Apache Trail High School, an Arizona domestic non-profit corporation.
we Xe —=
My Commission Expires: i
/ Eddie Wheeler
DE LU cor Notary Public
| Maricopa County, Arizona
My Comm. Expires 08-19-28
_ Commission No. 675156
STATE OF ARIZONA )
)ss.
COUNTY OF PINAL )
The foregoing was subscribed and sworn to before me this day of
; 20__, by Walter “Chip” Wilson, as Mayor of the City of
Apache Junction, “Arizona, an Arizona municipal corporation.
Notary Public
My Commission Expires: