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HomeMy WebLinkAbout2010 01.05 City Council Regular Agenda PLEASE FILL OUT A "RE :ST TO SPEAK"FORM IF YOU WISH TO ADDF 3 THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING cM oXCH " „, ....._., . City o Apache junction 1 . { �� Home o the Superstition Mountains APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA January 5, 2010 ,, .1� T)t' 7:0 0'PM g r C`7fi,''1'G~~k k. .,. ,f .u,.s7.s ,Pra' `'- ,1,7 �"! ,,...' u. .x,e,,,,- 7ia,�&, "�i, a .:!hs..w ,f Tty"s'Yk..n5Thl,'�Y,.,7�. Z, -, 'NG3s.,,,..." .✓.�.,,:m 9h&, YkP„-S r,,,',- A. CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda, acceptance of minutes, appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of December 15,2009. 3. Consideration of Resolution No 09-59,authorizing the submittal of an amended wastewater designated management area boundary. Under the federal Clean Water Act,the City is authorized to make application to the Central Arizona Association of Governments (CAAG)for a designated management area(DMA)amendment identifying a revised wastewater service area to enhance the welfare of its businesses and residents In 1990,the Governor assigned the City as the DMA agency for this CAAG region The Superstition Mountains Community Facilities District(SMCFD)provides sewer services for city businesses and residents but the current service area does not include all properties within the city limits For consistency,the City desires to expand its DMA to cover all properties within the City limits for future wastewater services provided by SMCFD This item was discussed at the December 4,2009 Work Session E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors,and staff presentation of receipt of grant or donated funds are permitted at this time 4 PRESENTATION OF 25-YEAR SERVICE AWARD TO RHONDA WISE,POLICE RECORDS SUPERVISOR Presentation of 25-year service award to Rhonda Wise, Police Records Supervisor,for completion of 25 years of service with the City of Apache Junction 5. PRESENTATION BY AND DISCUSSION ON APACHE JUNCTION DRUG COALITION CHAIRPERSON LORI WALL AND VICE CHAIRPERSON CHRISTA RIZZI ON RECOMMENDED SOCIAL HOST AND UNRULY GATHERING REGULATIONS Apache Junction Drug Prevention Coalition Chairperson Lori Wall and Vice Chairperson Christa Rizzi would like to introduce to the mayor and council a recommended social host and unruly gathering regulation which is aimed at reducing the use of illegal drugs and alcohol among teens and young adults through proactive and tested law enforcement methods F. ANNOUNCEMENT OF CURREN" EVENTS. eiN The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G. CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 6. MANAGER'S REPORT H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unlerN additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council None �• OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None J. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. 7. PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.09-61,APPROVING THE SUBMISSION OF A RURAL ECONOMIC DEVELOPMENT AND PLANNING ASSISTANCE GRANT On November 24,2009,the Arizona Department of Commerce issued a Request for Grant Applications This grant was made available to rural Arizona communities and Tribal authorities to perform general plan or economic development activities Main Street and Rural Economic Development Initiative accredited communities were also eligible to apply Awards are anticipated to be received in January 2010 Up to$104,000 may be available statewide 8 PRESENTATION,DISCUSSION AND CONSIDERATION OF RESOLUTION NO.09-52,AN INTERGOVERNMENTAL AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT TO PROVIDE A USED BROCE BROOM STREET SWEEPER AND OTHER FUTURE USED VEHICLES AND EQUIPMENT Presentation,discussion and consideration of an Intergovernmental Agreement for the transfer of a City of Apache Junction used Broce Broom Street Sweeper and future used vehicles and equipment as determined by the City of Apache Junction to the Apache Junction Unified School District Resolution No 09-52 authorizes the agreement 9 PRESENTATION AND DISCUSSION ON A FISCAL YEAR 2009-2010 PROFESSIONAL SERVICES AGREEMENT WITH APACHE JUNCTION MAIN STREET FOR ECONOMIC DEVELOPMENT SERVICES. Presentation,discussion and consideration of a professional services agreement for Main Street's continuation of events to encourage business in the downtown and support for local businesses 10. PRESENTATION AND DISCUSSION ON A FISCAL YEAR 2009-2010 PROFESSIONAL SERVICES AGREEMENT WITH APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT SERVICES. Presentation,discussion and consideration of a professional services agreement with the Apache Junction Community Development Corporation to continue services as outlined in their program activities K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 11. EXECUTIVE SESSIO.' T 5 45 P.M.AND WORK SESSION AT 7•e- .M.FOR MONDAY,JANUARY 18,2010 CANCELED DUE TO CIVIL RIGHTS HOLIDAY 12 EXECUTIVE SESSION AT 5.45 P.M AND WORK SESSION AT 7 00 P M FOR TUESDAY,JANUARY 19,2010. OTHER MEETINGS IF NECESSARY. M CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly,uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1) respond to criticism by a speaker,2)ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480)983-0095(TDD) at least 72 hours prior to the scheduled time DRAFT CITY COUNCIL REGULAR MEETING DECEMBER 15, 2009 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 15, 2009, at the Apache Junction City Council Chambers pursuant to the notice required by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7 00 p m INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Eck Councilmember Barker Councilmember Coleman Councilmember Dietz Councilmember Serdy Councilmember Wilson Staff Present . City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs Director Brad Steinke Planning Manager Fred Baker Economic Dev Director Steve Filipowicz Others Present Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 1 OF 32 DRAFT ^ Business Advocate Janine Solley Program Coordinator Heather Patel Multi-media Producer Matt McNulty ACCEPTANCE OF CONSENT AGENDA Vice Mayor Eck MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN TO EXTEND THE FY 2008-2009 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE APACHE JUNCTION CHAMBER OF COMMERCE AND THE CITY OF APACHE JUNCTION FOR ECONOMIC DEVELOPMENT TO JUNE 30, 2010, AND THAT RESOLUTION NO 09-53, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR STATE HOUSING FUNDS (WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP PROGRAM OR STATE HOUSING FUNDS) , CERTIFYING THAT SAID APPLICATION MEETS THE COMMUNITY' S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ALL ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION, BE APPROVED; AND THAT RESOLUTION NO 09-54, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE ADOPTION OF OWNER OCCUPIED HOUSING REHABILITATION GUIDELINES DATED FEBRUARY 1, 1994, AS AMENDED, IN RELATION TO AN APPLICATION FOR A HOUSING REHABILITATION ACTIVITY, BE APPROVED; AND THAT RESOLUTION NO 09-55, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY 2010 STATE HOUSING FUND APPLICATION, BE APPROVED, AND THAT THE AWARD OF BID FOR PROJECT PW 2009-11, PUBLIC SAFETY PARKING LOT EXPANSION, BE AWARDED TO ABC ASPHALT, LLC, IN THE AMOUNT OF $140, 870 . 76 PLUS 10o FOR UNFORESEEN CHANGE ORDERS IN THE AMOUNT OF $14, 087 . 00, FOR A TOTAL AMOUNT NOT TO EXCEED $154, 957 . 76; AND REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 2 OF 32 DRAFT THAT APPROVAL BE GIVEN FOR THE FIRST AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN VISIONAIR AND THE CITY OF APACHE JUNCTION FOR NEW TERMS, LICENSE FEE AND ANNUAL MAINTENANCE COSTS OF APPROXIMATELY $8, 600 AND HARDWARE AND SOFTWARE INITIAL INSTALLATION AND TRAINING COSTS OF APPROXIMATELY $12, 000 FOR A TOTAL AMOUNT NOT TO EXCEED $21, 000; AND THAT THE CABLE LICENSE AGREEMENT BE MOVED TO AFTER ITEM NUMBER 11 ON THE COUNCIL AGENDA, AND THAT CITY OFFICES BE CLOSED WHERE POSSIBLE ON THURSDAY, DECEMBER 24, 2009, AND I FURTHER MOVE THAT WE APPROVE 8 HOURS OF TEMPORARY PERSONAL LEAVE FOR CITY EMPLOYEES FOR DECEMBER 24, 2009, SUBJECT TO THE FOLLOWING TERMS THIS LEAVE WILL BE PLACED ON A SEPARATE BILLING ACCOUNT APART FROM VACATION AND SICK LEAVE, IT WILL BE CONSIDERED STRAIGHT TIME AND WILL NOT BE CONSIDERED IN THE CALCULATION OF OVERTIME OR CAUSE AN EMPLOYEE TO EXCEED 40 HOURS IN THE WORK WEEK, THIS LEAVE WILL ONLY BE AVAILABLE FOR USE BEGINNING DECEMBER 24, 2009 AND UP TO AND INCLUDING JUNE 30, 2010; THERE WILL BE NO CARRYOVER OF THIS LEAVE BEYOND JUNE 30, 2010; PRIOR TO TAKING THIS LEAVE, AN EMPLOYEE SHALL OBTAIN APPROVAL FROM HIS/HER DEPARTMENT DIRECTOR, THIS LEAVE SHALL BE EXTENDED TO NON-EXEMPT AND EXEMPT CITY EMPLOYEES WHO REGULARLY WORK 24 HOURS OR MORE PER WEEK; IT SHALL BE PRORATED FOR EMPLOYEES WHO WORK BETWEEN 24 AND 31 HOURS PER WEEK; THIS LEAVE SHALL BE EXTENDED ONLY TO THOSE CITY EMPLOYEES WHO ARE AN EMPLOYEE OF RECORD ON OR BEFORE DECEMBER 24, 2009; THIS LEAVE SHALL NOT BE ADDED OR INCLUDED IN ANY PAY OUT PROVISIONS I FURTHER MOVE THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL I1 ADMINISTRATIVE ADJUSTMENTS TO THESE TERMS. Councilmember Dietz SECONDED THE MOTION. VOTE. Unanimous The motion carried AWARDS, PRESENTATIONS AND COMMUNICATIONS REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 3 OF 32 DRAFT Program Coordinator Heather Patel announced that the city is participating in a volunteer program called Volunteers in Service to America wherein they will reach out to local nonprofits to help them in grant writing and finding grant resources . She introduced Sarah Knaack as the city' s VISTA volunteer. ANNOUNCEMENT OF CURRENT EVENTS eis Councilmember Serdy commented on how nice the light display looks on Apache Trail . Main Street helps get the lights and parks and recreation put them up Every year they get better and better. The local merchants donate, he does not have a list of all of them so he will not slight some by not mentioning them. Councilmember Coleman commented the light parade was really a success as well as the gathering at the old gazebo All the kids played with the snow. He took his grandkids there to do so Councilmember Coleman announced that last Friday night he attended the Black and Gold Youth Football League banquet They had the outgoing board that started the program 6 years ago and an incoming board that had been training for the last year to take over. The program has really benefited the youth of our community. It is one of those all volunteer programs where everything is paid for out of their own pockets The kids pay $120 to participate which gives them their uniform and insurance, etc. It is not a bad deal He expressed his thanks to those who had served on the board and to those coming in, plus all the volunteer coaches and officials . Vice Mayor Eck congratulated Apache Trail High School for winning the state football championship in their third year of competition. CITY MANAGER' S REPORT City Manager George Hoffman commented they had asked city employees to take a pay freeze when the economic downturn began whereas other cities were still giving their employees pay increases We have reduced our staff and have asked the current REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 4 OF 32 DRAFT �. staff to do more with less This council has stood by their employees He publicly thanked them on behalf of all the city employees for their vote tonight in giving them Christmas Eve off. It is a most meaningful and valued act and they have his thanks and appreciation for it . Multi-media Producer Matt McNulty gave a video presentation on the Shop AJ Program that will be appearing through Mediacom on ESPN and CNN during the Christmas break starting today CONSENT AGENDA (CONTINUED) FOURTH AMENDMENT TO CABLE SYSTEM LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY (TEMPORARY EXTENSION) ) City Attorney Joel Stern asked if they have a question about the item Councilmember Coleman commented he thinks there is a question about the cable service and the Internet service He asked if they could be discussed as part of this amendment City Attorney Joel Stern stated they can. It is a fourth amendment because currently there are negotiations with Mediacom for cable-related services Cable-related services are the television portion of the services that they provide They also provide Internet and telephone Those are not part of this agreement, it was not part of the 1999 agreement, and the 1996 Telecommunications Act does not allow the city to negotiate those items in this cable agreement All they are voting on is if this should be extended one more time through the end of January so that they can try to negotiate the final 5 year term. It was initially a 15 year term He is meeting with them tomorrow and hopes he can ferret out a lot of things they have asked in public and in executive session. Councilmember Coleman asked if he would pass on that some of the council has received complaints about the Internet service as well . It might not be part of this agreement, but he would like them to know. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 5 OF 32 DRAFT Councilmember Dietz commented there have been complaints about the telephone service, also He would just like to let them know, even though they have no hold and cannot bring it up in negotiations in the agreement . He would like them to know they are concerned City Attorney Joel Stern stated he would. emio Mayor Insalaco closed the - discussion with no further comments and called for a motion Councilmember Coleman MOVED THAT APPROVAL BE GIVEN FOR THE FOURTH AMENDMENT TO THE CABLE LICENSE AGREEMENT BETWEEN MEDIACOM AND THE CITY OF APACHE JUNCTION FOR A TEMPORARY EXTENSION OF THE CABLE LICENSE UNTIL JANUARY 31, 2010 . Councilmember Barker SECONDED THE MOTION. VOTE. Unanimous . The motion carried. PUBLIC HEARINGS APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR JAKES-0 -MINE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms Liz Reynolds addressed the council Vice Mayor Eck commented she will have tough shoes to fill . The former owners were very good. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 6 OF 32 DRAFT � ` /'1 Councilmember Dietz commented they will miss them Ms Liz Reynolds stated she thinks she is up to the challenge She commented their video talked about shopping Apache Junction and the city needs that to keep its businesses . However, this weekend the police presence in the Jakes-O-Mine parking lot absolutely destroyed their /1 income both Friday and Saturday nights . She does not know the proper course of action to take for this problem, but police sitting in her parking lot during prime business hours is a real problem that needs to be addressed. Councilmember Coleman asked if they were local officers, sheriff' s deputies or the Arizona Department of Public Safety. Vice Mayor Eck commented the task force was out heavy that weekend City Clerk Kathleen Connelly requested the chief of police speak on it, as she noticed it herself last Friday night and she was rather shocked Department of Public Safety Director Jerald Monahan stated they did have a task force operation in town that is run by the sheriff' s office. We do participate in it Police officers from as far away as Maricopa were in the city. He would certainly share a business person' s concern if we were taking over their parking lot and operating there for that operation. He will work with this business person to ensure that it does not occur there again City Attorney Joel Stern commented he wanted to make sure they were on board with the open meeting law. He asked the applicant if this police presence did affect her liquor license in some way Ms Liz Reynolds stated of course it did Mayor Insalaco opened the public hearing on the item. There being no one wishing to REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 7 OF 32 DRAFT ^ speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion Councilmember Barker MOVED THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, CORPORATION, SERIES 6 LIQUOR LICENSE FOR JAKES-O-MINE, SUBMITTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Dietz SECONDED THE MOTION. VOTE. Unanimous The motion carried. ORDINANCE NO. 1355, CASE AM-4-09, AMENDING THE CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, BY AMENDING ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS, AND ARTICLE 20 PARKING, LOADING AND INTERIOR OR PRIVATE STREET STANDARDS Senior Planner Rudy Esquivias briefed the council on the item Vice Mayor Eck asked if they had said lots of 10, 000 sq. ft. or larger. Senior Planner Rudy Esquivias ems stated he listened to the video stream several times and did not hear that . There was a discussion on lot sizes at the planning and zoning meeting and when the council talked about the fence issue, but the references that were made to lot sizes on this provision regarding what can and cannot be put in front yards, if it was kicked around during the discussion, was not in the final direction Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 8 OF 32 DRAFT e41 /1 Mr Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated he feels that the HOAing of the boat and RV situation has more to do with propping up a business that was designed to store boats and RVs than anything else. They have been trying to sneak tougher standards in on this. Only one person has complained. Mr. Wayne Standage, 1920 E 20th Avenue, Apache Junction, addressed the council . He stated developers want to see a return on the money they spend. Planning and zoning worked on the front yards to improve the look of the city. He would like to keep items on his property, but he understands he has to give a little for the city to survive They need more businesses here to survive He beli eves theyhavepassed a good ordinance that will attract businesses . Ms . Beverly Hanson addressed the council She used to live in a homeowners association and she does not like being told what she can and cannot do She does not appreciate being told she cannot park her horse trailer or RV on her land. She pays taxes on the land and she should be able to park anything she wants on it She believes half the people who live here do so because they can do what they want on their property. Mayor Insalaco closed the public hearing with no one else wishing to speak and reopened the item to council discussion There being no further discussion, he called for a motion Councilmember Dietz MOVED THAT ORDINANCE NO 1355 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous The motion carried REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 9 OF 32 DRAFT /1 /'\ City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Dietz MOVED THAT ORDINANCE NO 1355, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Councilmember Wilson SECONDED THE MOTION. eiN VOTE Unanimous . The motion carried USE OF FISCAL YEAR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND FISCAL YEAR 2009 AND 2010 STATE SPECIAL PROJECT FUNDS Program Coordinator Heather Patel briefed the council on the item. Councilmember Dietz asked if the Community Development Block Grant Regional that is $280, 000 is the one that we flip-flop with Payson Program Coordinator Heather Patel stated that is correct She continued with the briefing on the item Councilmember Barker commented she thought she had understood her to say that the State Special Projects were a single project . These show two Program Coordinator Heather Patel stated that is correct These are two potential projects for them to consider. She continued with the briefing on the possible items that can be considered. Mayor Insalaco opened the public hearing on the item. Mr Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He stated the REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 10 OF 32 DRAFT PIN population numbers quoted earlier are questionable; he suggested they not go by the State of Arizona population numbers . He suggested they have their ducks in a row if they are going to do housing rehabilitation. He is concerned that there is no transportation project . He suggested they clean up their act when applying for these as there are new standards . Mayor Insalaco closed the elS public hearing with no one else wishing to speak He reopened the item to council discussion Vice Mayor Eck commented they are all viable projects, but there is a project that has been recommended by the public works director and city engineer that have both retired It has been on the shelf ready to be done in the future They were going to start implementing a sidewalk and gutter program on the southwest side of the city, starting on Cedar just south of Broadway. It has been pushed aside each time He believes it came out at $1 . 2 million the last time they looked at it However, if they incorporated the grant money, they could possibly look at that There are 5 to 10 people that inquire about that each year. Councilmember Barker commented there were sidewalks that were identified last night on North Ironwood It was a small stretch that would cost about $55, 000 per the public works director She asked if that would be eligible for this grant . g Program Coordinator Heather Patel stated if those projects are in the redevelopment area, they are fine If not, North Ironwood and Delaware are major streets in the community that pretty much everyone uses . In essence it would be considered a community-wide project . We would not be able to do those unless the area can be identified or stated that only these people in the neighborhood will use it, then they could look into it. Vice Mayor Eck commented he was talking about Cedar and Broadway They were talking about starting on one side and gradually trying to head east through time. It has been one of those projects that was there but has gotten lower on the shelf. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 11 OF 32 DRAFT Councilmember Barker commented they have two recommended choices for the 2009 State Special Projects One is the continued housing rehabilitation program She asked how long we have had that Program Coordinator Heather Patel stated the city has had that since 2005 . Councilmember Barker stated euN the other is the FEMA Flood Study. She asked if that was right Program Coordinator Heather Patel stated that is correct. Councilmember Barker commented in the Community Development Block Grant they have one large project for the downtown and then the housing rehabilitation again. They also have a lot of smaller projects to go with it of pretty much the same thing in the State Special Projects 2010 Program Coordinator Heather Patel stated that is correct. Councilmember Dietz asked if their chances would be better to get the downtown Plaza Drive instead of a $30, 000 and a $60, 000 or projects of a lot of different amounts He asked if they should apply for just one of those like the rehabilitation of a safe house at $66, 000, and that be all they apply for when they are eligible for $300, 000 or $280, 000 Program Coordinator Heather Patel stated under the Community Development Block Grant they get $280, 000 and we have to apply for all of it or submit applications to equal all of that Councilmember Dietz commented in their application they would state the rehabilitation of a safe house, a women' s center, the senior center, and food bank. If they so desire, they can list all of those projects for the $280, 000 total REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 12 OF 32 DRAFT elOk ORS Program Coordinator Heather Patel stated that is correct. The Arizona Department of Housing does recommend that we do not submit any more than two applications . Councilmember Dietz commented that means they can do two projects on one. ION Program Coordinator Heather Patel stated that is correct. Councilmember Dietz commented it would be easier and look much better to have one project at $280, 000 than multiple projects . Program Coordinator Heather Patel stated in addition to having just one project, the Arizona Department of Housing in a previous Community Development Block Grant did fund our downtown redevelopment plan It is beneficial for them to see that we are following up with that plan and instituting projects that are an outcome from that All of the downtown redevelopment projects identified here were provided by G&G Consulting who was doing the redevelopment study Councilmember Dietz commented they happen to have things on Plaza that this could work out for. Councilmember Coleman asked if the restroom at Prospector Park should be on this list . Program Coordinator Heather Patel stated it was originally, but because we are no longer eligible to do community wide projects, there is no way to prove that only a certain group uses Prospector Park Vice Mayor Eck asked if it has to be above 51% Program Coordinator Heather Patel stated it has to be above 51% REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 13 OF 32 DRAFT Vice Mayor Eck asked if we are 51% . Program Coordinator Heather Pagel stated we were at 53 3%, but because our population increased, Housing said we could no longer use that number at 1 all We have to do as they tell us as they have the money. Councilmember Coleman asked if it had anything to do with the income level or if it was just the population increase. Program Coordinator Heather Patel stated the 53 3% low to moderate income number came from a formula that Housing and Urban Development puts together with census information and some other information Because of the way the Arizona Department of Housing operates, they say if you go above or your population changes over a certain percent, then they no longer accept that information as valid. They feel if there is a change, then the income level has probably changed as well. Councilmember Coleman asked if this grant is the only one of the three that the project would qualify under Program Coordinator Heather Patel stated the low to moderate income requirement is applicable to all three grants . Councilmember Coleman asked if the restroom at Prospector Park would only qualify under the Fiscal Year 2010 Community Development Block Grant . Program Coordinator Heather Patel stated it is the only one it will qualify under Councilmember Coleman commented that it no longer qualifies period. Program Coordinator Heater Patel stated that is correct REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 14 OF 32 DRAFT Councilmember Coleman commented that is too bad as the soccer field is where the state championship charter school' s football team played There are no restrooms there or by the playground They have to walk clear over by the tennis courts If you have little kids, that can be a problem Councilmember Barker ^ commented she is saying they cannot ask for something that is community wide. She asked why the downtown is not considered community wide. Program Coordinator Heather Patel commented because it is designated a redevelopment area so it is a different national objective. Councilmember Coleman asked if they could designate Prospector Park a redevelopment area Program Coordinator Heather Patel stated they can look into that She requested they identify projects for each grant She suggested they look at each one individually Councilmember Barker commented they have had housing rehabilitation in progress on this particular grant It would be a shame to get rid of it . It is something the community has become used to and it is of service to a lot of people. ^ Program Coordinator Heather Patel stated they are receiving and/or putting applications in for other grant fund sources for rehabilitation The program will not cease to exist . Councilmember Barker commented the program would not cease to exist if they did not ask for it for the 2009 State Special Projects Program Coordinator Heather Patel stated that is correct REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 15 OF 32 DRAFT 10IN /021S Vice Mayor Eck commented the State Special Projects is competitive. Program Coordinator Heather Patel stated that is correct. Vice Mayor Eck stated they want a project that is more competitive. ems Mayor Insalaco commented he thinks the housing rehabilitation is more competitive than the FEMA Flood Plan. Councilmember Dietz agreed. Program Coordinator Heather Patel stated the State Special Projects program has identified both housing and economic development as two of their main objectives . Both of these fall under that. It is the feeling of the economic development person that fixing or identifying what truly is a flood plain area on the northern part of Apache Trail will help with economic development Councilmember Coleman agreed. He stated that is why Jack-in-the-Box had to be built on stilts There are problems all along Apache Trail there because it is in the FEMA Flood Plain. It does hamper development which should provide jobs and economic growth in the community However, the problem is this is just a study. He asked if they had any idea how much of the designation it could possibly remove. Business Advocate Janine ems Solley stated they believe that there is part of the FEMA designation along Apache Trail that actually should not exist there We cannot tell FEMA that, so they need engineers to look at it and help determine if that is correct. Mayor Insalaco stated that is what we need the money for Business Advocate Janine Solley stated that is correct The problem is there are a lot of small parcels along Apache Trail. They are a little more REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 16 OF 32 DRAFT ^ difficult to develop for small developments because it can be very costly to overcome the drainage issues People look at it and say the cost is way too much and they move on. With Starbucks, they built their patio up so that the drainage could be underneath. It was a costly solution, but they were able to do it. If the city can take a study like this and have some engineers look at it, we might be able to resolve some of the issues for the smaller parcels or determine what type of regional drainage solution would be appropriate so that we could possibly do something upstream to take care of the drainage that is impacting Apache Trail and make those parcels easier to develop. They would remove a hurdle for redevelopment Councilmember Coleman commented he would venture to guess that the flood control dam that goes up Idaho Road and crosses at Idaho took a lot of that property virtually out of real danger in the flood plain. If they can show that, it could be huge for us Business Advocate Janine Solley stated that when they did put that drainage solution in, they actually fixed the FEMA Flood Plain map in that portion but left Apache Trail in. Where it should not be there, it still exists. They would like to get that fixed Councilmember Coleman stated they left everything in downstream Councilmember Dietz asked if there would be a problem since the cost for the FEMA Flood Plain is $100, 000 and the total amount for the State Special Projects ON is $300, 000 . They would submit for $100, 000 even though there is $300, 000 available. Program Coordinator Heather Patel stated they can only do one application and submitting an application that is less than the maximum is actually somewhat desirable to the funder They will have a lot of applications competing for this If they can get as many in there as possible, that is best It tends to be everybody wants to shoot for the $300, 000 . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 17 OF 32 DRAFT Councilmember Dietz commented he just wanted to know if that would be a hindrance or not Program Coordinator Heather Patel stated it might be beneficial. Mayor Insalaco commented we are actually in a better ball game if we go the cheaper route. Program Coordinator Heather Patel stated that is true Councilmember Dietz commented he thinks they should do the FEMA Flood Plain on this one Mayor Insalaco asked her to proceed to the next one Program Coordinator Heather Patel stated that would be the Community Development Block Grant application. This is $280, 000 and they have to have projects, two projects maximum, equaling $280, 000 . Councilmember Dietz stated he thinks they should do the downtown Councilmember Barker commented Heather had said they could look at some of these other grants for housing rehabilitation. She asked if some of these other projects could fit into other grant categories . There is no way they could have two of these projects add up to $280, 000 without leaving most of these projects on the table ems Program Coordinator Heather Patel stated the social service or public service listed here can certainly benefit from other grants. Sarah is a part of that to try to help them identify projects and locate potential funding Councilmember Barker asked if they will be working with any of these particular entities to try to identify a funding mechanism. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 18 OF 32 DRAFT Program Coordinator Heather Patel stated her first step was meeting all the organizations In January they will be moving on to the next step to discuss how she can help each one specifically. Vice Mayor Eck asked if there is a way of getting more out of the State Special Projects and then add $100, 000 with something else on the Regional You can go with more projects on the Regional. Mayor Insalaco stated you cannot take the money from one to the other. Program Coordinator Heather Patel agreed that they could not do so Vice Mayor Eck stated they could do sewer connections and the downtown water on the Community Development Block Grant Regional and then go for housing rehabilitation on the State Special Projects . Program Coordinator Heather Patel stated that is true. The FEMA study could fall under this, however, none of the other downtown projects could fall under the State Special Projects . That is why it was placed under the State Special Projects . It is the only one eligible there However, the FEMA one could fall under this as well Mayor Insalaco commented the sewer connections would do a lot of good than just doing one. It helps people that cannot afford it, it helps protect the city' s ground from the old septic tanks; it would be a benefit to the whole city and its people. He would like to do that with one of the other ones Vice Mayor Eck stated that is what he was saying, do that with another. Councilmember Barker commented the sewer connections are also on the State Special Projects list REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 19 OF 32 DRAFT / N l'y Program Coordinator Heather Patel stated the sewer connections project is not held to the $200, 000 It assumes that they could meet a certain number of people They could certainly do that number It can be any dollar amount that they want it to be It could be $100, 000 or $50, 000. It just decreases the number of people that will be benefitted. It is still a completely viable option. Vice Mayor Eck asked if it falls under housing rehabilitation; if they could do a home repair and a sewer connection. Program Coordinator Heather Patel stated under the housing rehabilitation program, if a person is near a sewer line they will also be eligible to get connected Vice Mayor Eck commented he is trying to manipulate the numbers to where they can get the most Councilmember Barker asked if there are any projects on this list where they would have an extremely difficult time finding other grant possibilities for or are there grants out there for all of them. They would just need to research and come up with them Program Coordinator Heather Patel stated there are other grants out there that need to be researched. Councilmember Barker commented she was trying to eliminate some of them in that way. She wanted to be able to eliminate some of them that have other grant possibilities Mayor Insalaco commented they could move on to the next one. There was general discussion that they liked the downtown on the last one REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 20 OF 32 DRAFT /'1 Program Coordinator Heather Patel stated this is the 2010 State Special Projects . Councilmember Dietz asked if the transitional housing on this was adding a couple of manufactured homes to the property so that they could help more women in need to transition and get out from where they are to a safe home or safe area. This would just enable them to help /, more people. Program Coordinator Heather Patel stated they would want to purchase the land which they currently lease and buy 2 homes to put on there Councilmember Dietz asked if the $280, 000 would be enough for it. Program Coordinator Heather Patel stated that is correct Councilmember Barker commented in most transitional housing situations the clientele is not normally placed in the same community as the occurrence took place in. The clientele tend to be taken out of that location for safety She asked if that is the case in this particular project or will this be local clientele using the transitional housing. Program Coordinator Heather Patel stated Ed Contreras with Community Alliance Against Family Abuse is in attendance and she will have him respond to that question Mr. Ed Contreras stated most of the clientele actually comes from the surrounding areas . There is an aspect related to shelter that individuals do not wish to reside in the same area if there is a fear for them to live in the same area Somebody on the west side was fearful because of the community they lived in and the individual would wish to live in an area away from that area Most of the people that we serve come from here and the surrounding areas We do have people that come from other areas, even out of state at times One of the things that hampers other people in moving REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 21 OF 32 DRAFT ^ /IN from one place to another, and they get quite a few calls, is the lack of transportation. If they are to find meaningful work, and want to reside somewhere else after they get out of the shelter, they have that aspect to deal with in continuing their job or something else. The transitional housing is actually a step up from where they are right now They have a shelter now; the transitional housing is to transition the people back into the community The shelter has more safeguards related to safety for the concerns of the individual. The transitional housing is a vehicle to get them to transition from that back into the community It gives them temporary housing and allows the organization the opportunity to provide them with ongoing services to strengthen their ability to sustain themselves after they leave our project . Councilmember Barker commented if she understands him correctly, he is saying that the clientele that would avail themselves of this transitional housing would be local people. Mr Ed Contreras stated most of them would probably transition back into this community They would be giving them shelter for the time being so that they could get some more skills on hand, find work and be able to support themselves For most of them, that would mean living within the surrounding community. Vice Mayor Eck asked if there is a time limit as to how long they can live in the transitional housing. Mr Ed Contreras stated the transitional housing has a time limit imposed by the state It is in flux at times . They are looking at it to be no more than six months at the maximum for an individual to be there. Currently, the people in their shelter are there for about 45 days on average. They do have some that go further out Vice Mayor Eck commented he stated most of those people will transition into a nearby surrounding area; that is the higher percentage. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 22 OF 32 DRAFT Mr Ed Contreras stated that is correct That is mainly because they are without transportation It makes it very difficult for them to move to a different locale They have to get something close by and look for housing or shelter within the surrounding area. Councilmember Barker asked how many people this project would house APS Mr. Ed Contreras stated they envision it would be about 6 rooms so it should house 6 families It would depend on the size. Sometimes they are a lot larger so someone might take up the whole trailer Their current trailer is a two bedroom Considering the size of the family, there could be only one per trailer. They would not take anyone that would not fit into one trailer. Councilmember Serdy asked if the people they are helping are not from this community They would have to rely on other communities to help the people from here Mr Ed Contreras stated sometimes they do They have individuals that are here that would prefer to move elsewhere as they have ties in the community that could lead them to their location here They have to be mindful of that Councilmember Serdy asked how they could ensure that Apache Junction residents are taken care of when we are taking care of others Mr. Ed Contreras stated when Apache Junction citizens are requesting that they go elsewhere, they have a state framework that they belong to where Individuals are tied to another shelter In most cases, they do not have anyone that goes without It would only be a temporary situation. They had to turn away 500 people last year because of the amount of requests they had. They had no more room. Other shelters have that problem at times and they try to work with that as much as they can It is not a small problem. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 23 OF 32 DRAFT eS eiN Councilmember Serdy commented he wanted to make sure that the people in our community that need the help are getting the help Councilmember Dietz commented they are getting help by getting transferred out to other areas The other areas help the residents of our community. Mr Ed Contreras stated a lot of times they are people from your community, but they need time to adjust . It is a small fraction of the use of this facility. Most of the use is either right here in Apache Junction or in the surrounding communities nearby. It is a small portion, maybe 100 or 15%, that come from elsewhere that they have to work with and transition out. Councilmember Dietz commented that the majority are from here. Mr Ed Contreras stated that their stays are shorter normally The people that come from outside tend to transition quicker than people from this area or the surrounding area. Councilmember Wilson asked how much of the $280, 000 is the land cost Mr. Ed Contreras stated they have not talked to the individuals . They had envisioned selling the property, but they want to sell it as a whole He believes it is 1 25 acres and that it is somewhere in the neighborhood of $100, 000 or a little more. Councilmember Wilson commented it would be $180, 000 for the two trailers Mr. Ed Contreras stated the city asked him to ask for the maximum when he made the application It is possible it may not cost that much He does not know exactly They would be looking at 2 more manufactured homes and the site would have to be made up so that they could be brought in and set up They were given the manufactured home that is on the lot now and it was valued at roughly $25, 000 . It REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 24 OF 32 DRAFT /, would have cost them a lot to move it from the site to sell it so that is one of the reasons it was donated to them by the couple. Councilmember Coleman asked if three manufactured homes on 1 25 acres would require the land to be split OIS City Attorney Joel Stern stated the requirement would be it would have to fit with the zoning. Heather would have to get involved with that before it is awarded Mr Ed Contreras stated he has spoken to zoning and has been advised he will have to meet with them. They may be able to fit under a portion of the zoning requirements that would not require them to split the acreage because of its use. City Attorney Joel Stern asked that a representative of development services come up and explain the zoning issue. Senior Planner Rudy Esquivias stated if they are looking at a 1 25 acre property, they would probably have to do a rezoning and a land split There are additional costs involved in that, depending on how the lot is oriented All parties would have to have street access . Unless there are existing street improvements in this area, it may be difficult to create 3 parcels out of 1 25 acres If it is in a low density area, it will be difficult to rezone There are a /', number of zoning issues that may come up. They need to look at what property it is, where it is at, what are the existing improvements and can it be done. He does not have that information right now. Councilmember Dietz commented how can they without knowing what the zoning is, where it is or what is going on Councilmember Barker commented it almost seems to her in hearing all this that this is one project our VISTA person can be working with to find REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 25 OF 32 DRAFT egIS funding mechanisms for them as they determine what the problems are so that they know exactly what they need instead of just estimating Vice Mayor Eck asked if they know the specific property Senior Planner Rudy Esquivias stated he does not know which one it is . Vice Mayor Eck commented it is a confidential thing. Mayor Insalaco commented he cannot give us the address Councilmember Barker repeated that this seems like it would be a good one for the VISTA worker to look into and help them find some funding for it . Program Coordinator Heather Patel stated she wanted to point out that this application is due next winter If they are feeling that this is a project they would like to move forward with, they can pursue and move forward with all the other options and get everything in line to submit the application. At this point in time, it was not necessary to go through planning and zoning and do all of that stuff for the sake of discussing the project This is still an option but they can put it on hold if the council wishes to do that Councilmember Barker commented if they are going to put this one on hold, she would like to know approximately how many sewer connections could they get out of this figure They would like to apply the funds to help as many people as possible It is important, if they are asking for funds, to do as much as they can with those funds . Vice Mayor Eck commented from personal experience he would say about 20 . Program Coordinator Heather Patel agreed. It would be between 15 and 20 dependent upon REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 26 OF 32 DRAFT Om% where the sewer line exists for them to hook up to The construction costs will probably vary. Councilmember Serdy asked how they would decide who would be eligible for that Program Coordinator Heather Patel stated it would be very similar to the housing rehabilitation program People would apply and provide income information to show that they are low to moderate income based on the state' s requirements . That is how they would help them In essence it is first come, first serve for whoever provides the information. Councilmember Dietz commented they could also choose to go with the full $300, 000 If they went for just the sewer connections they are not limited to the $200, 000 Program Coordinator Heather Patel stated we are not limited, but there is an 18 month time period in which the money has to be spent Realistically, given what they could do, it was more comfortable to settle for 15 to 20 Councilmember Coleman asked her to tell the council about the commercial rehabilitation project . Program Coordinator Heather Patel stated it is similar to the housing rehabilitation program. We would have to make guidelines for how business owners could apply to the city. It could look a variety of ways . The intention is to do façade improvements, American Disability Act accessibility for buildings, some signage and site improvements There are a variety of things they could do. They would lay them out in the guidelines They could make it a grant or a loan . They could require that they provide some sort of leverage to it There are a variety of options They could make requirements that it be occupied by a business and that they must have been in business for a certain amount of time so that they can ensure it will be occupied and generating revenue. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 27 OF 32 DRAFT ^ OIS Councilmember Dietz commented they can put this one on hold and come back and visit it. Mayor Insalaco asked when they should come back and visit it. Program Coordinator Heather Patel stated she did not know the timeline of when planning and zoning would work into these. She suggested coming back in June or July. Councilmember Serdy asked what they would do if the commercial people did not want to be rehabilitated. He could think of some that need it but he does not think the owners think they do. Program Coordinator Heather Patel stated the business owner would apply; the city would not strong arm them into doing it . In preparation for this application, we would seek out those people who wish to participate. That way they would have a solid number of properties . They could also identify how much they are willing to invest in each property It could be $20, 000 or $50, 000 They could then find the appropriate number of businesses that wish to participate. Mr Ed Contreras commented they have questioned the project and he understands what the city manager is speaking to He did go over to the offices and talked to an individual over there that gave him the article related to GR-General Rural zoning, which is what that property is in It indicated within that boundary that a public or eiN quasi-public use could fit into that area and not have to be subdivided. Under that it lists community service agencies, and they would fall under that area, he believes . Councilmember Barker asked if that would be a public or quasi-public use City Attorney Joel Stern stated it sounds residential and he thinks they are getting a little too detailed on this one. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 28 OF 32 DRAFT P\ Mr. Ed Contreras commented he does not want to confuse the situation, be he had some furtherance on this Because of the situation of coming to the council tonight, he did not believe he had to go any further on this before he got a fix on this particular issue The individual had said once the council proceeds on this, his suggestion was to meet with the planning department and have the other departments associated with the decision tell him what the ins and outs are to have that facility He did do due diligence in coming before the council and before they make the project part of their application He did not want them to think that they had not thought about this as far as going any further. Vice Mayor Eck commented he hoped they would go for the most money on the first State Special Projects If they only go for the $100, 000 and they are only allowed one project, he would prefer to put that $100, 000 into the Community Development Block Grant and go for a larger amount under the State Special Projects That way they might get more funding He asked if they understood what he was saying. The council consensus was they did not Vice Mayor Eck commented under the State Special Projects they are only allowed one project . If they can get up to $280, 000, they would only be asking for $100, 000 . Mayor Insalaco commented Heather had already mentioned that the lower number has a better chance of getting it as it will spread the money out to more people Councilmember Wilson asked if the study that they are looking at getting done is an estimate of $100, 000 or could it be even more Program Coordinator Heather Patel stated it is anticipated to be a little bit less but she included administrative costs It certainly will not be above $100, 000 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 29 OF 32 DRAFT eN eS Mayor Insalaco closed the discussion with no further comments and called for a motion Councilmember Dietz MOVED THAT STAFF BEGIN THE PREPARATION OF THE APPLICATIONS AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION ON THE FOLLOWING PROJECTS DESIGNATED FOR THE FOLLOWING FUNDING OPPORTUNITY. FISCAL YEAR 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE DOWNTOWN PLAZA OF $280, 000, AND FOR THE 2009 STATE SPECIAL PROJECTS THE FEMA PROJECT FOR $100, 000; AND THAT WE POSTPONE THE 2010 STATE SPECIAL PROJECTS AT THIS TIME. Councilmember Wilson SECONDED THE MOTION VOTE: 6-1 (Vice Mayor Eck voted in opposition. ) OLD BUSINESS None . NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Dietz MOVED eiN THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 00 P.M. BE HELD ON MONDAY, JANUARY 4, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5. 45 P M BE HELD ON TUESDAY, JANUARY 5, 2010, IN THE CITY COUNCIL CONFERENCE ROOM Councilmember Barker SECONDED THE MOTION REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 30 OF 32 DRAFT '^ VOTE: Unanimous . The motion carried CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding transportation and possible petitions Councilmember Coleman stated Mr. Fisher was referring to a comment he made in a newspaper article about the trolley experiment in 1995. He had been asked by the paper if the city had ever tried public transportation before or had any form of public transportation He mentioned that. He apologized if he had upset Mr Fisher He does listen to the voters and he wished he would Vice Mayor Eck commented he does not believe the city funded anything in 1995 but through our current grant program $45, 000 was given to basically public transportation for the handicapped people and seniors. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 40 p m Consent Agenda Itemsfollows: g are as fol o s. 1 . Acceptance of Agenda. 2 . Acceptance of Minutes of Regular Meeting of December 1, 2009 3 Consideration of an extension of the Professional Services Agreement for Economic Development with the Apache Junction Chamber of Commerce 4 Consideration of approval of the submittal of a Fiscal Year 2010 State Housing Fund application to the State of Arizona, and the approval of Resolution Nos. 09-53, 09-54 and 09-55 . 5 Award of Project PW 2009-11, Public Safety Parking Lot Expansion in an amount not to exceed $154, 957 . 76. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 31 OF 32 DRAFT /"1 es, 6. First amendment to software license agreement with VisionAir, Inc. in an amount not to exceed $21, 000. 00 . 7 Fourth amendment to Cable System License Agreement between Mediacom and City of Apache Junction (Temporary Extension) . 8 . Consideration of closing city offices on December 24, 2009, and providing city employees with 8 hours of temporary personal leave for the day subject to certain restrictions and limitations ACCEPTED THIS 5TH DAY OF JANUARY, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 5TH DAY OF JANUARY, 2010 . JOHN S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 15th day of December, 2009 I further certify that the meeting was duly called and held and that a quorum was present . 1 Dated this 29th of December, 2009 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 15, 2009 PAGE 32 OF 32 40111, oiACHt Jo • jo lty of Apache junction Z Home of the Sr//et:cttttorr ?t iountcrin 4Rl2QNP a Print TO: City Manager's Office FROM Bryant Powell, Assistant City Manager DATE: January 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM Consideration of Resolution No. 09-59, authorizing the submittal of an amended wastewater designated management area boundary. ACTION REQUESTED- DISCUSSION /BACKGROUND INFORMATION: Under the federal Clean Water Act, the City is authorized to make application to the Central Arizona Association of Governments (CAAG) for a designated management area (DMA) amendment identifying a revised wastewater service area to enhance the welfare of its businesses and residents In 1990, the Governor assigned the City as the DMA agency for this CAAG region The Superstition Mountains Community Facilities District (SMCFD) provides sewer services for city businesses and residents but the current service area does not include all properties within the city limits For consistency, the City desires to expand its DMA to cover all properties within the City limits for future wastewater services provided by SMCFD. This item was discussed at the December 4, 2009 Work Session FISCAL IMPACT. OPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS: Click to download 0 Resolution 09-59 Attachment I 0 DMA eN elS RESOLUTION NO 09-59 A RESOLUTION OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY STAFF TO SUBMIT AN AMENDED WASTEWATER DESIGNATED MANAGEMENT AREA BOUNDARY WHEREAS, pursuant to the Clean Water Act under 33 U S C § 1288 (c) (2) (A) through (I) , ("Section 208" or "208 Plan") the City is authorized to make application to the Central Arizona ems Association of Governments ("CAAG") for a designated management area ("DMA") amendment indentifying an amended waste water service area to enhance the welfare of its residents; and WHEREAS, the 208 Plan updates management facility planning areas ("FPAs") and identities local jurisdictions to be DMAs for waste water management facility planning within an FPA, and WHEREAS, each FPA has identified waste water management options which represent current judgments about where sewers will be extended and where areas will remain without sewer in the future, and WHEREAS, in 1990, the Governor assigned the City as the DMA agency for this CAAG region; and WHEREAS, since such time, the Superstition Mountains Community Facility District No. 1 ("SMCFD") was created to provide sewer service in this region, and WHEREAS, the SMCFD service area typically is expanded with permission of the City and generally includes annexed territories, and WHEREAS, pursuant to A.R.S § 9-240 (5) (a) , the City is authorized to construct and maintain sewers and drains and to prevent and punish for any obstructions thereof; and WHEREAS, the City desires to update its DMA to conform to all SMCFD service areas which will match up to the City' s current City limit boundaries as shown in Attachment I; and WHEREAS, this item was presented to the Mayor and City Council on December 4, 2009 as a Work Session item NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS . 1) The City manager and City Staff are authorized to submit an application to CAAG and take all necessary action to expand the City' s DMA boundary for wastewater planning as depicted in Attachment I PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2009, and SIGNED AND ATTESTED TO THIS DAY OF , 2009 { JOHN S. 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B"111K.K.4I2,2224 \ cl a 1 I IR \ 6 r-- = 5 4 1 3 I 2 I 1 II I I Is -I VI 3 I II iI ie ai gl i1 A 8 cT 9 1s 10 el 11 fI 12 a i \g 1 11 61 §1 s1 II 41 ',N ) SMCFD EXISTING & PROPOSED EXPANDED SERVICE AREA MAP APACHE JUNCTION, ARIZONA ROLL CALL VOTE NOTES ./ k U4,eipt4:44 I , � 1 /0 ITEM # MEETING OF (), � ���� C, MOTION BY: SECONDED BY: u YES NO ABSTAINED UNCILM MBEK IIIETZ COUNCILMEMBER BARKER i VICE MAYOR ECK ,j / COUNCILMEMBER COLEMAN v 'eetttleltMEMBEITSERDY COUNCILMEMBER WILSON J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /"\ /"1 CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO 09-59, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY STQFF TO SUBMIT AN AMENDED WASTEWATER DESIGNATED MANAGEMENT AREA BOUNDARY, BE APPROVED K---"-''''4\.\ 0 of Apache jifflCtiOfl Home of the ,S'uper /thion . rl ormmf t in, 8 Print TO City Manager's Office FROM Jerald Monahan, Police Chief DATE: January 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area TITLE OF AGENDA ITEM• PRESENTATION OF 25-YEAR SERVICE AWARD TO RHONDA WISE, POLICE RECORDS SUPERVISOR ACTION REQUESTED. DISCUSSION / BACKGROUND INFORMATION: Presentation of 25-year service award to Rhonda Wise, Police Records Supervisor, for completion of 25 years of service with the City of Apache Junction FISCAL IMPACT OPTIONS / ALTERNATIVES ..., RECOMMENDATION. ATTACHMENTS• Click to download No Attachments Available 4 PQACHt City of pache junction Home of the Supe!:sttttort t louhiIdlyd.s gRtZpNP 8 Print TO City Manager's Office FROM: Jerald Monahan, Police Chief DATE: January 5, 2010 Agenda Type . Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM. PRESENTATION BY AND DISCUSSION ON APACHE JUNCTION DRUG COALITION CHAIRPERSON LORI WALL AND VICE CHAIRPERSON CHRISTA RIZZI ON RECOMMENDED SOCIAL HOST AND UNRULY GATHERING REGULATIONS ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION. Apache Junction Drug Prevention Coalition Chairperson Lori Wall and Vice Chairperson Christa Rizzi would like to introduce to the mayor and council a recommended social host and unruly gathering regulation which is aimed at reducing the use of illegal drugs and alcohol among teens and young adults through proactive and tested law enforcement methods FISCAL IMPACT: OPTIONS/ ALTERNATIVES RECOMMENDATION: ATTACHMENTS. Click to download io fkoacnme.it Arauable P7ACkE "� /� ° .. Go of f Apache Junction o 2 Home o/the Superstition Mouiziain s 8 Print TO: City Manager's Office FROM. George Hoffman, City Manager DATE• January 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION. FISCAL IMPACT OPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS: Click to download No Attachments Available ACHF k 0/0 to •pacejncion U K Home of the .S'uperchtton Aiottfti`aitts 4P/ZOIA g Print TO. City Manager's Office FROM: Heather Patel, Program Coordinator DATE January 5, 2010 Agenda Type • Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM PRESENTATION, DISCUSSION AND CONSIDERATION OF RESOLUTION NO 09-61, APPROVING THE SUBMISSION OF A RURAL ECONOMIC DEVELOPMENT AND PLANNING ASSISTANCE GRANT. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: On November 24, 2009, the Arizona Department of Commerce issued a Request for Grant Applications This grant was made available to rural Arizona communities and Tribal authorities to perform general plan or economic development activities Main Street and Rural Economic Development Initiative accredited communities were also eligible to apply Awards are anticipated to be received in January 2010 Up to $104,000 may be available statewide. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully recommends that Council approve Resolution No. 09-61, a resolution approving the submittal of a grant application to the Arizona Department of Commerce for a Rural Economic Development and Planning Assistance Grant. ATTACHMENTS: Click to download D Staff Report ❑ Resolution 09-61 Pe ACfl a 011111k, a City of Apache Junction 4e, oa° Development Services Department MEMORANDUM DATE: December 22,2009 TO: The Honorable Mayor and City Council THROUGH George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Grants Specialist FROM Heather Patel,Program Coordinator SUBJECT Rural Economic Development and Planning Assistance Grant REQUEST Staff respectfully requests that the City Council approve Resolution No 09-61, a resolution approving the submittal of a grant application to the Arizona Department of Commerce for a Rural Economic Development and Planning Assistance Grant BACKGROUND On November 24,2009,The Arizona Department of Commerce("Commerce") issued a Request for Grant Applications.This grant was made available to rural Arizona communities and Tribal authorities to perform general plan or economic development activities Main Street and Rural Economic Development Initiative accredited communities were also eligible to apply. Awards are anticipated to be received in January 2010. Up to$104,000 may be available statewide DISCUSSION On December 7,2009 and December 15,2009, staff met to discuss project options for the Rural Economic Development and Planning Assistance Grant Based upon the eligible activities under the grant, City staff recommends that the City submit an application to 1) Complete sixteen Geographic Information System("GIS")maps to support the 2010 General Plan.These maps will serve a purpose beyond the General Plan graphics by providing a data baseline that can be used to monitor and report future development activity and impact, 2) Enhance the Economic Development Website. Once the GIS General Plan maps are created, updates to the City's economic development website will provide information with an interactive GIS map and database. This upgraded information would be used for marketing the City to prospective developers and employers, and 3) Expand on Downtown Mapping The City's downtown consultant, G&G Consulting, is presently creating a GIS database for all businesses within the downtown area This database will be expanded to include all City businesses in accordance with the 2010 General Plan It is anticipated that this project would cost 30 000 In order to make thegrant application PP J $ � PP /'1 competitive, staff wishes to 1)request$15,000 from Commerce; 2) provide $5,000 in cash leverage, and 3) provide $10,000 of staff in-kind leverage The application is due to Commerce on January 11, 2010 RECOMMENDATION Staff respectfully recommends that Council approve Resolution No 09-61, a resolution approving the submittal of a grant application to the Arizona Department of Commerce for a Rural Economic Development and Planning Assistance Grant ACTION REQUIRED Council review and discussion Attachment 1 Resolution No 09-61 2 RESOLUTION NO 09-61 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR A RURAL ECONOMIC DEVELOPMENT AND PLANNING ASSISTANCE GRANT. WHEREAS, the City of Apache Junction is desirous of meeting the economic development and planning needs of the community, and WHEREAS, the grant application addresses those identified needs of the City of Apache Junction; and WHEREAS, a grantee of Commerce funds is required to comply with the program guidelines, state and federal statutes and regulations NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1 Staff is authorized to submit an application to the Arizona Department of Commerce for a Rural Economic Development and Planning Assistance Grant, and the Mayor is authorized to sign an application for receipt and use of funds in an amount not to exceed $15, 000 Section 2 : The Mayor is authorized to take any and all actions necessary to ems implement and complete the activities submitted in the application. Section 3. The City Manager or his designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 . This application for funding meets the program requirements as contained in the Request for Grant Application Solicitation RESOLUTION NO 09-61 PAGE 1 OF 2 Number G024-10 . The City of Apache Junction retaining the role as Authorized Entity shall be responsible for• 1) conducting programmatic and financial oversight of the program grant award, and 2) implementing the approved work plan. Section 5. The City of Apache Junction shall comply 1 with all guidelines, state and federal statutes and pP regulations applicable e to the Rural g Economic Development and Planning Assistance Grant Section 6. The City of Apache Junction shall commit $15, 000 in the form of cash and in-kind contributions to the completion of the project PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 . JOHN S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk OIN APPROVED AS TO FORM RICHARD J STERN City Attorney RESOLUTION NO 09-61 PAGE 2 OF 2 ROLL CALL VOTE NOTES: j 1(9 ; 0 • Oil ITEM # fl MEETING OF iii4 /° L i MOTION BY - rif/ SECONDED BY r CH't' yv YES NO ABSTAINED COUNCILMEMBER COLEMAN COCMMBERSERDY- / COUNCILMEMBER BARKER COUNCILMEMBER WILSON ,I VICE MAYOR ECK MAYOR INSALACO UNANIMO4JS IN FAVOR OPPOSED ABSTAINED TOTAL /"`"\ ITEM NO. 7 I MOVE THAT RESOLUTION NO 09-61, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE ARIZONA DEPARTMENT OF COMMERCE FOR A RURAL ECONOMIC DEVELOPMENT AND PLANNING ASSISTANCE GRANT, (BE APPROVED) OR(BE DENIED) PpACk€�G ti0� Q City o,f 14pache Junction IU Home of the .Su e!:tttton Alolijziainc Aq j2OtoP 8 Print TO• City Manager's Office FROM: David Fern, Public Works Director DATE: January 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM: PRESENTATION, DISCUSSION AND CONSIDERATION OF RESOLUTION NO. 09-52, AN INTERGOVERNMENTAL AGREEMENT WITH THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT TO PROVIDE A USED BROCE BROOM STREET SWEEPER AND OTHER FUTURE USED VEHICLES AND EQUIPMENT ACTION REQUESTED: Recommendation for Approval DISCUSSION /BACKGROUND INFORMATION. Presentation, discussion and consideration of an Intergovernmental Agreement for the transfer of a City of Apache Junction used Broce Broom Street Sweeper and future used vehicles and equipment as determined by the City of Apache Junction to the Apache Junction Unified School District Resolution No 09-52 authorizes the agreement. FISCAL IMPACT. OPTIONS/ALTERNATIVES: RECOMMENDATION. Approval ATTACHMENTS: Click to download ei Resolution No.09-52 0 IGA eN RESOLUTION NO. 09-52 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED EQUIPMENT TO THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT WHEREAS, the City of Apache Junction, Arizona, an Arizona municipal corporation (hereinafter referred to as "City" ) , and the Apache Junction Unified School District, a special taxing district (hereinafter referred to as "AJUSD" ) , desire to enter into an Intergovernmental Agreement ( "IGA" ) allowing City to transfer to AJUSD ownership of a used Broce Broom that is no longer in service; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement, and WHEREAS, pursuant to A.R S § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and government entities for joint or cooperative activities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS. 1) The Mayor and City Council approve the Intergovernmental Agreement for Transfer of City of Apache Junction used enforcement equipment to the Apache Junction Unified School District and the Mayor is hereby authorized to sign the agreement on behalf of the City 2 . Staff shall record such document in the Final County Recorder' s office within sixty (60) days after full execution by both entities . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS _ DAY OF , 2009, and SIGNED AND ATTESTED TO THIS DAY OF , 2009. JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk RESOLUTION NO 09-53 PAGE 1 OF 2 AO Ilk An\ APPROVED AS TO FORM. RICHARD J STERN City Attorney Amok RESOLUTION NO. 09-53 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED EQUIPMENT AND VEHICLES TO THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT THIS AGREEMENT is made and entered into this day of 2010, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as "City"), and the APACHE JUNCTION UNIFIED SCHOOL DISTRICT, special taxing district (hereinafter referred to as "AJUSD"), both of which may be referred to collectively as the "Parties" or individually as a "Party". RECITALS 1. City is currently in possession of a used Broce Broom street sweeper that is no longer in City service. 2. AJUSD is in need of this item. 3. It is also anticipated that the City will in the future be in a position to provide other used equipment and used vehicles to AJUSD. 4. City desires to provide AJUSD the used Broce Broom and other used equipment and vehicles in the future which is of minimal value to City. 5. City desires to avoid the expense of disposing of the Broce Broom and other used equipment and vehicles that the City will no longer use in the future. 6. Mutual cooperation would result in AJUSD's obtaining the Broce Broom and other future used equipment and vehicles from City, and Sty would avoid expenditure of public funds for disposing of such items by directly relinquishing ownership to AJUSD. 7. This Intergovernmental Agreement ("IGA") will promote efficiency in the use of public funds and will encourage future cooperation between both public entities. 8. Pursuant to Arizona Revised Statutes Annotated ("A.R.S.") 9 11-951, et seq., the Parties are authorized to enter into intergovernmental agreements for the purposes of exchanging property and taking joint or cooperative action. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties to this Agreement agree as follows: 1. AJUSD% Obligations A. Accept ownership from City and provide for removal of the Broce Broom (Model H-20 street cleaning machines Serial # 608. 1345) from City at 575 East Baseline Avenue, Apache Junction, Arizona, during regular business hours (8 a.m. to 5 p.m.) Monday through Friday. B. Agree and acknowledge that City is transfelfing ownership of the Broce Broom to AJUSD with all faults and any defective condition♦, without any warranties of any kind, including without limitation, any general implied warranties or implied warranties of merchantability or fitness for a particular purpose. C. Agree and acknowledge that City would in the future if City decides it is appropriate, to make available other used municipal equipment and vehicles for AJUSD's use. If AJUSD chooses to accept equipment or vehicles in the future, AJUSD agrees to accept such items with all faults and any defective conditions, without any warranties of any kind, including without limitation, any general implied warranties or implied warranties of merchantability or fitness for a particular purpose. D. Accept equipment bill of sale documents from City for future equipment and any appropriate Motor Vehicle Division change of ownership/transfer documents. E. Provide accounting of received equipment and vehicles to City at the time of receipt of any transferred equipment vehicles. F. If AJUSD chooses to accept equipment or vehicles in the future, AJUSD will accept the future other equipment and vehicles from the City under the same terms and conditions of the remainder of this Agreement. 2. City's Obligations A. Remove or cause to remove all "City of Apache Junction" insignias, seals and other markings on used City equipment/City Vehicles. B. Transfer ownership of used equipment/vehicles to AJUSD free and clear of any expectation that said equipment/vehicles will be returned to City if AJUSD no longer desires to own, maintain, or operate such items for any purpose. 3. Indemnification and Insurance. To the extent permitted by law, AJUSD covenants and agrees to fully indemnify, hold harmless and defend City and its Mayor and City Council, appointees, agents, and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by City or its Mayor and City Council, appointees, employees or agents. If any action or claim shall be brought or asserted against City or its Mayor and City Council, appointees, employees or agents for which indemnity may be sought from AJUSD, then City, or any such person, shall promptly notify AJUSD in writing. AJUSD shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs that shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of AJUSD, its appointees, employees or agents. It is understood and agreed that AJUSD may elect to selfrinsure or obtain insurance through its pooling agreement with other governmental entities against any or all of the risks related to this Agreement. AJUSD shall provide City with a current insurance certificate or other evidence of coverage as appropriate. AJUSD shall also deliver to City upon execution of this Agreement a statement from its insurance company that City, its Mayor and City Council, appointees, agents and employees are additional insured parties. This section shall survive the expiration or early termination of this Agreement. 4. Duration of Agreement/Termination. This Agreement shall be valid upon execution and shall continue for a term of ten (14 years unless either party terminate✓♦ this Agreement for any reason upon sixty (60) days° written notice to the other party by overnight delivery service or first class certified mail, postage prepaid, addressed to the other party as set forth in Section 9 of this Agreement. 5. Binding Effect. The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives. Neither Party may assigns its rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6. Entire Agreement. This instrument contains the entire agreement between the Parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto. No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the Parties. 7. Severability. In the event that any sentence, paragraph, provisions or other portion of this Agreement is declared by a court of competent jurisdiction to be void, such sentence, paragraph, provision or portion of this Agreement shall be deemed severed from the remainder of this Agreement and the balance of this Agreement shall remain in effect. 8. Governing Law, Venue and Attorney Fees. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, 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 reasonable attorneys fees to be determined by the court in such action. 9. Notices. All notices and insurance certificates required under this Agreement shall be sent as follows: If to City= David Fern Public Works Director City of Apache Junction Public Works Department 575 E. Baseline Ave. Apache Junction, AZ 85119 And a Copy to: Richard J. Stern, City Attorney 300 E. Superstition Blvd. Apache Junction, AZ 85119 4 If to AJUSD$ Dr. Chad Wilson Superintendent of School Apache Junction Unified School District 1575 W. Southern Ave., Ste. 3 Apache Junction, AZ 85120 And a Copy to: Eve A. Parnell, Attorney Hufford, Horstman, Mongini, Parnell & Tucker P.C. 120 N. Beaver St. Flagstaff, AZ 86001 10. Conflicts of Interest. The provisions of A.R.S.138.611 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. [SIGNATURES APPEAR ON NEXT PAGE] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. APACHE JUNCTION UNIFIED SCHOOL DISTRICT, a special taxing district By: Dr. Chad Wilson Superintendent of Schools ATTEST: Jim Lockwood Associate Superintendent THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me on , 2009, by Chad Wilson, Superintendent of Schools, who acknowledged that he signed the foregoing instrument on behalf of the Apache Junction Unified School District, Notary Public My commission expires: STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me on , 2009, by John S. Insalaco, Mayor of the City of Apache Junction, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My commission expires: p COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Eve A. Parnell, Attorney Date I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date ROLL CALL VOTE NOTES: rr (r Vt ,11\y.) ejr15' v,t1‘, (1 is ITEM # MEETING OF % n MOTION BY SECONDED BY NA\ YES NO ABSTAINED -CrrtrIctetL MEMOERSERDY VICE MAYOR ECK ' OUNC LMEMBER UtETZ-- COUNCILMEMBER WILSON ' COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT RESOLUTION NO 09-52, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF CITY OF APACHE JUNCTION USED EQUIPMENT TO THE APACHE JUNCTION UNIFIED SCHOOL DISTRICT, (BE APPROVED) OR(BE DENIED) City oil_/f , a e juliiteon 1 lra az 0/`the ,S'll s/':sIii on W outitamr s u Print TO: City Manager's Office FROM Kathy Connelly, City Clerk DATE January 5, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON A FISCAL YEAR 2009-2010 PROFESSIONAL SERVICES AGREEMENT WITH APACHE JUNCTION MAIN STREET FOR ECONOMIC DEVELOPMENT SERVICES. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on a professional services agreement for Main Street's continuation of events to encourage business in the downtown and support for local businesses FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES — RECOMMENDATION: ATTACHMENTS Click to download [d cover memo agreement part 1 agreement part 2 /'1 (r. b '421 diffta ele Ofr -/c. . te/ ten 49/fre/ Home of the upc- ,stitian 1,1Ountain4 44 toll' DF( F\1RER 17, 2009 IFN OR 1\Dt_NI I0 I It_ii3ORABLF. MAYOR. 1ND CI1 Y COUNCIL. t1FMBFRS I`HROtiGH t.JLORCJE R 1401 MAN CIIv MAN \ttLR PROM K\I1ILLL\ C0N\LLI `i. C.1`l ;" ( .LI RKLiA .% 44 I3J1.,C1 \\ORK SF S lC)\ TEM FOR 1 \NI. ',R`r 4 2010 •\NI) t ONST N I \t.iF\D-1 i LENT FOR LAM. 1R`r 5 2010 (1'ROi IC I.S AURFI"\IFNN I 14 l i F4 A1'At FII= Jt NCIION MAN SI REL.1 PROGRAM In ci,n[unction ititli tilt. Pi' 2009-10 budget, council authorized an evc=tdlture of. S12 00(1 to continua th`agt ement v°.oh the ,Apache. Junction Main "tied l iogiaiti for ti :rrruus econota do.elopmcnt '+er\ices reiatR to n:.rca':nu acuti itt dc' pmeiv and ied ‘eIopmenl <n tIi do y mo«n 1 his amount represents a larding reduction of ?(Y I ham I `r` 0 l-09 Fix propo ed program for this fiscal rear reflect a practical 'hands on ' approach to partnerni ‘,woh the cdtk vs;ith the shared goals of enhancing our existing businesses and encouraging new, ones. vII agreement has been prepared based upon measurable duties and r snori ihilrties Stall is recommending approb al at the agreement Please contact nie rt you need addiuonaI iniorm.atiop •Voice(480)982-8002 • FAX (480)982-7018•TDD(380)983-009 • +auka ajcit‘net 300 L Superstition Boulevard Apache Junction.,AZ 8'+2(9 PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT OF APACHE TRAIL AND DOWNTOWN AREA WITH APACHE JUNCTION MAIN STREET PROGRAM, INC. THIS AGREEMENT is made and entered into this day of Amok 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION MAIN STREET PROGRAM INC ("Consultant") for the project entitled "ECONOMIC DEVELOPMENT OF APACHE TRAIL AND DOWNTOWN AREA" ("Project") WHEREAS. pursuant to Arizona Revised Statutes Annotated (' A R. S ') § 41-1505 02, a state Main Street Program is established to provide for the revitalization of central business districts in rural communities based on the development of progressive marketing and management techniques as an economic development strategy for local governments: and WHEREAS, City desires to retain a consultant to provide economic development services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement. including all attachments and addenda which are appended hereto by mutual agreement of the parties, and WHEREAS, Consultant has the specialized expertise to further the state Main Street Program goals and objectives based on directives from the State of Arizona Department of Commerce and the national Main Street Program NOW, THEREFORE, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below 1 TERM The term of this Agreement shall commence retroactively from July 1, 2009 to the time of completion of services to be rendered by Consultant, but not later than June 30, 2010. 2 CONSULTANT'S DUTIES Consultant agrees to perform the following professional services. all to be performed in accordance with all city codes, ordinances, regulations, policies and procedures' A Provide services as described in attached Exhibits A-1 through A-4, as determined by the Main Street Board of Directors, with the following components. Organization, Design, Promotion and Economic Restructuring Page 1 of 10 B. Consultant shall provide services conducive to increasing activity and the visibility of the downtown and Apache Trail area, including but not limited to, monthly public events from October 2009 through March 2010, C Consultant shall provide technical assistance for local businesses to include those currently located in the city and those seeking to locate in the city D Consultant shall assist city staff, city consultants and the city's economic development partners in the development and retention of businesses in the downtown and redevelopment areas E Consultant may assist with the facilitation of discussions between members of the business community, city elected officials and staff. other city consultants and city economic development partners subject to board approval. F Consultant shall not expend any city funds on the development of a microenterprise unless specifically approved in writing by the city. 3 COMPENSATION In accordance with the terms and conditions of this Agreement. City shall compensate Consultant for its professional services as follows A. An aggregate sum up to Thirty-Two Thousand Dollars ($32,000) for Fiscal Year 2009-2010 provided Consultant meets the reporting requirements described in Section 3(B) of this Agreement and the insurance requirements described in Section 9 of this Agreement, with payment to be made as follows. (1) Eight Thousand Dollars ($8,000) upon execution of this Agreement, and (2) three additional equal payments of Eight Thousand Dollars ($8,000) disbursed at equal intervals over the term of this Agreement, subject to satisfactory performance in the opinion of the City Clerk of roe terms aria conditions of this Agreement. B Within ten (10) working days following the last day of each fiscal year quarter. Consultant shall submit to the Apache Junction City Clerk ("City Clerk") detailed reports accounting for the expenditure of City funds. Consultant shall submit a Page 2 of 11 /Mk ^, separate, concise summary of all expenditures within each report. The summaries shall be subject to public disclosure as public records in accordance with A R.S. § 39-121 et seq. Each report shall be typewritten or prepared on a word processor and shall include the status of Consultant's progress on the scheduled work items as set forth in the work program in the attached Exhibit It shall include a description oak of all work undertaken and all findings and conclusions. In addition, it shall include documentation supporting these expenditures These reports shall also contain the information required in this Agreement, and in doing so, shall demonstrate, by an appropriate methodology, the value of work and its impact upon economic development within the corporate boundaries of City. Documentation for actual expenditures shall include a summary page detailing all quarterly expenditures made in accordance with this Agreement and all relevant bills, receipts and statements. with the relevant expenditures highlighted The Apache Junction City Manager or designee ("City Manager") has the sole discretion as to whether the above- referenced reports contain adequate specificity Should the City Manager desire additional information such information shall be produced by Consultant within ten (10) working days from receipt of such request The City Manager may withhold any and all payments due until such time as all concerns on the reporting have been resolved The books and records of Consultant shall be subject to inspection and audit by City during the term of this Agreement and for a period of three (3) years after expiration of this oak Agreement for the purpose of verifying Consultant's performance as welt as the thoroughness and accuracy of the reports submitted hereunder Records of Consultant shall be provided to City and/or made available for inspection and audit within three (3) working days following a written request by City. 1 �v�r5lli'lCirl krill rrrurr+cor dud seek other sources of pueuc or private community and/or economic development funding which may become available to Consultant or other community entities, and will advise the City Manager in writing of these opportunities. Page 3 of 11 D. Exhausting the total amount payable for activities described in this Section shall not relieve Consultant of its obligations to perform such services Should City request additional services beyond those specified in Section 2, Consultant shall charge, and City shall pay for, a rate as negotiated between City and Consultant. E. Any funds not expended or disbursed by Consultant shall be reimbursed to the City. Any funds expended or disbursed by Consultant in violation of Ordinance No 659, attached as Exhibit B, or this Agreement shall be reimbursed to the City Should Consultant seek funding for fiscal year 2010-2011, it shall comply with the filing deadlines set forth in Ordinance No 659 and shall submit a work plan substantiating such request no later than March 30, 2010 4 CONSULTANT'S BILLING For additional services as negotiated in Section 3(D) noted above, Consultant shall bill City on a time and expense basis in a total amount not to exceed the negotiated amount. City shall pay such billings within thirty (30) calendar days of the date of receipt, or as otherwise negotiated. • 5 CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix metropolitan area. and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 6. NOTICES' All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage "oulk prepaid, return receipt requested. addressed to the following personnel- If to City City Manager City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 And to City Attorney City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 Page 4 of 11 If to Consultant: Executive Director Apache Junction Main Street Program, Inc. P.O. Box 6296 Apache Junction, AZ 85178 7 TERMINATION This Agreement may be terminated by either party upon fifteen (15) working days written notice If this Agreement is terminated, ^. Consultant shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Consultant shall deliver to City all work in any state of completion at the date of effective termination. 8. SUBCONTRACTORS: Consultant shall not subcontract any portion of the obligations set forth in this Agreement without City's prior written consent Consultant agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions or persons directly employed by Consultant Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 9 INSURANCE: A. Required Limits 1 Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000.000 for each occurrence with a $2.000,000 Products/Completed Operations Aggregate and a $2.000,000 General Aggregate limit The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office. Inc Policy Form CG 00010196 or any replacements thereof. Sucn policy snail contain a severaeiiity of interest provision, and shalt not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B. CG Page 5 of 11 20101185, and shall include coverage for Consultant's operations and products and completed operations If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain. at all times during prosecution of the work, services or operations under this Agreement, a Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Consultant's work, service or operations under this Agreement Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues General Liability Insurance. 2. Workers' Compensation Insurance Consultant shall carry Workers' Compensation insurance to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona, covering obligations imposed by federal and state statutes having jurisdiction of Consultant'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, Consultant certifies as follows. "I am aware and understand the provisions of A.R.S. § 23-900 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I wiii comply with sucn provisions nerore commencing the performance of the work of this Agreement If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and Page 6 of 11 covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subconsultant to provide Workers' Compensation and Employer's Liability to at least the same extent as required of Consultant. 8 Amok CERTIFICATES OF INSURANCE Upon execution or simultaneously thereto. Consultant shall submit to the City Clerk all Certificates of Insurance, and formal endorsements as required by Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits set forth in this Agreement are in full force and effect and maintain so during the life of this Agreement The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney In the event any insurance policies required by this Agreement are written on a "claims made' basis, coverage shall extend for two (2) years past completion and acceptance of the Consultant's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk If a policy is expired, canceled or materially changed during the life of the Agreement, such notice must be sent to City thirty (30) calendar days prior to such action, All Certificates of Insurance shall include a thirty (30) day pre-notification period wherein insured shall sent City notice of such Amok cancellation, or material change of the insurance provisions 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 Clerk and shall include City, the Mayor, Counciimembers, appointees and employees as an additional insured parties 10 RIGHT OF CITY TO CONTRACT WITH OTHERS. Nothing in this Agreement shall imply City is obligated to obtain the services described nerein with only this particular consultant Page 7 of 11 11 EXCUSABLE DELAYS: City and Consultant shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following• strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 12. INDEMNIFICATION: Consultant shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Consultant, or any of Consultant's employees, agents or subconsultants, and from all claims by Consultant's employees, subconsultants and agents for compensation for services rendered to Consultant in the performance of this Agreement. notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Consultant or Consultant's employees, subconsultants or agents This section shall survive the expiration or early termination of the Agreement 13. WAIVER OF TERMS AND CONDITIONS. The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms conditions. rights or privileges, and they shall remain in full force and effect 14. INDEPENDENT CONTRACTOR Consultant shall at all times during Consultant's performance of the services retain Consultant's status as independent contractor Consultant's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no 'wok obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of then or Consultant 15 GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity Drought by either party tear 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 and right to jury trial 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 Page 8 of 11 AA% oak 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 16, OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Consultant under OIN this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers in accordance to the limitation within this Agreement 17 LICENSE Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business occupational license and sales tax license pursuant to the Apache Junction City Code and keep such licenses current during the term of this Agreement. Any Consultant activities or programs within the corporate city limits will invoke the same business occupational license and sales tax regulations All participants in these activities and programs will obtain any required business occupational and sales tax licenses. Any activity by subconsultants within the corporate city limits will invoke the same business license and sales tax regulations on any subconsultants, and Consultant ensures its subconsultants will obtain any required business occupational license and sales tax license In the event any subconsultant fails to pay required license fees or taxes due, Consultant shall pay to City such amounts within ten (10) working days after notification from City that such amounts are due and payable 18 NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Consultant Neither party to this Agreement shall assign its interest in the Agreement, either in whole AO\ or in part Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City 19 ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all prior negotiations, representations or agreements, either express or implied. written or oral It is mutually understood and agreed that no alteration or Vdildiiuii and coinaitions of this Agreement snail be aiia unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. Page 9 of 11 20. SEVERABILITY: If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected 21 CONFLICTS OF INTEREST The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 22. POLITICAL ACTIVITIES; As a community service-based organization, Consultant is a non-political organization. Consultant' employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity The functions and activities of Consultant are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event, This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be Aoftk signed by their duly authorized representatives as of the day and year first above written. APACHE JUNCTION MAIN STREET PROGRAM, INC By, Ariel Uhler Title Executive Director Page 10 of 11 CITY OF APACHE JUNCTION an Arizona municipal corporation By. JOHN S. INSALACO eN Title: Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. / Ff O RICHARD J STERN City Attorney 044 Page 11 of 11 L /2\ EXHIBIT A-1 Apache Junction Main Street Program First Quarter Progress 2009/2010 [he following is a narrative report 01 the acutittes pertoirned to meet program goals established by the Apache Junction Main Street Board of Directors Short l erns Goals 1 Build 'stum«tel relationships w Oh local businesses Mole businesses halve called till technical assistance during this quartet than in the last ses ei al !feats 1 he increase to support is due to the economy Durmg the tit st qualm a few of the businesses who reeel\ed technical assistance included Ioelle s Salon . Spa, Dollar Storage, Benchmaik Bible and appioyimately IAA ent tll Lei oentetplIse business(miters 1 he oty.,nitLiltlou wslahlishcd ,a 4t11 91E ll t tit busttleSSC:S 1n the communiti I he bi.blllcS mailing intrudes apprommatc.ls 200 contacts. Sevet al cinails regalding communeN ttl`'z (V,11.),,'titri1.1cti, rc distlih€ite'd lit the tirst goartu 2 Build C ;Tacit s at Main Street Program A[N1S had two strategic phartina ess_ms this quarter Rands (itztot lion t_r&U {onsaltlPLi attended the rust session and contributed .a.'uabie suggestions t urir u (tli.u`iions Some of the Ubiecti'.4s set at the planning sessions are aa eilt s bents.? implemented New software uuas iut hatictl t.i}avFlit in planninn pro1Lcts and creating and managinc contact lists for emailing I be .othsaie will enable the i_'ectitiee Dncctoi to do bet ion more effl menti4 which enables het to spend less time on administrainc. tasks and locus. more on htlildtng the progiam's capacity l he strategic marketing campaign and mutoenterpr-ise research and Cleveiopoient "'ruieL are Intcndcd to build the €apa(tu.' of the prograin thiough prot,idiia a scraiees to the large flambe/ i.il unders t',t.d inieloet�terpil'es and small bu'niess in the`eolninliilitl R [IO\t.liil_ Jilect ,cl A ices such as is:!i a•,slntanc e and net's1 ot1 tag alot:e ;Aid° mall-0_ (ippoitUl ucs to die Ousll1L'S'community. the otiaam/atlltal`Is quicl;.ls bee:man a t' .., .. .,. `ic LSI Uti‘“1.0_0,1. I lie ors?e`niza€tion Iti actl',els seat nu sponsorship, funding. and has planned fund I istri_� events to scenic funds tit ordei t:o inctease the services we pros ldc obtain financial abststance lot intoroentet ,cs and se,me a bath:la c to open the -11 vi.creautile Pahtr tin Acir tttes 2001 .2010 Pale of 4 `XHIBIT A-2 the program has implemented sev di strategies to increase the organization s isibility including, updating the tebsite frequently communicating current and ongoing projects to businesses Aria email, and personal visits. 3 Promotions I he promotions committee created the tollo s tug events to help increase traffic in downtown ApOle lunctton °ctobet 1611i and 176— A l lain hot ee For several sears during the third week of October the I'h stisal on Phelps ssas held on Phelps 'treet t-Itis sc it the es cut has been remained Al jamboree I-n impose upon the e\ertt all detit Ines will be in one place I isotd the hot's eathel the Jamboree v,i t be held betels e i 6 OP p m to Ili 00 p m ,October l6th and 17th I3ooth evChing_~ include art emits and ttianptornce and business market I. lee enitriaritul citt is also included both rights Bur:(_hiss on Fr,eitas iti_Tht nid Brass t hi.Y7)on Satutdas c':..trill:' 111 \pdc:he Junction no'tprnI i ss ill ac ;31.Cot Alta; t Tree spat. at the csent to help them farce tot- ;v'0n \ 5 171.I as and conimunitt supre.a: F�cntGoals • ldcl ten to t'Tst'itt nct5 nonpto11t p,tl.imeipalltk • yttra,t a tat eater di.Crsitt tf 'ood i`nd services oftvred at the market • Dias., at least I (1{l0 more attendees • Obttits it.t'es part leipation iii oidor entc\ \itr ern I)c1 —Supet rtltic)it 4t t cl C ultut al Alliance 1CA) &rt Stull% of the S At_A \.rl Sho �e Ill min VIM',ti ;� �t �I�.l:ins>r �� held�v�i.cn7t,�i 1 fi and 1�� on Central Nei win t ollc ee Superstition ( :)lupus located in doss iltossn Apache Junction l 4cLs.Lilt is scriutis •1 medium to promote 1oeial businesses scrs tncs, pros idea ati the orgFtm,_titian .'.1MS V.1II di-driblet( a calendar of es ems organizational rrlatci iii and pio'unitoned in net lalk pros ided hti \i businesses dui ills the event t he esent'd ill also pro,ide a\elute to sum c'4 inter s isitors and rt'tdents to at)taul Ilitorttmtton on hest methods:[t adsertise t mcdu'.is stir,iCC, and cseui, (_otnsurnLrs, ss ill also be dtlaul tip database to mecelsk notices of upcoming esents tnd solicitation of support I'Ji sal liq s 171C�Jc t`+ Holtdas I ight 1''rrae1e l:rc eemh,eT Oil: (in the first t i lday ntaht of L)eccniher ipache Junction Main Street presents the I fol iday l igtht Parade Local businesses and mgam/rations participate F, decoratingr ailsi11111S mat Lao be rithicit UI ih Il en I lot coLo N dt'>ilrbuted to ii1 Iar+L_Ip tuts i d Chi istrreas Pitt I - a cc.i 1111})anlL5 tl'-.. p:rodc. is it makes if WW,l\ doss a the tra'h f'ro rain ACtIN Iles 2009- 2910 Pge2cif4 0 EXHIBIT A-3 I he event is well attended.attracting,crowds ol )000 or more into downtown to en in the pouring rain) Most Ian-idles inuke it a tight out and visit local shops and restaurants before and attci the parade E_%ent Goats • t?"' ui reasc la the nul bet ot wade ntrie • l'1Lrca c tilt. number of burin s who rem tin ti_>ll n during and after the parish • (ici husirtes5es to(kph). lioIidr, lights on A.padie Frail Januar —IVeicome U Shoppers Wintei leai lone t c'eidL tits aitd s tti itors will rt.i.c.tw 6 a warm welcome to dow mown Ai k4 tilt a rcceptttln lull tit tun and food tooil I tx al restaliraitt,,1111t be asked to prov idct dittcri.nt t.tultr,tti to orolllcte their business f elm Hart — ( et Yuut 44 4 Don nttmn I lie L osi. l)1114I7�"in I)1,,. s i Hr.,:,„ -o 'ill 1r13t'. ,;t silt cr otiy,lr'i 1 t'i. e' it ,,,1101,- -1i I ht..t 4ii[ i7i „._L, i 0 t'i)l l;ct p•ti. c i li '. .;it tt.' the lutt.lto t it.,i tuft L., tu5t titrt,- a yip fi.11t limo ion To .apture a peri nta.e•of attendee.,of I ost Dutchman Das., Fitt.)stilts I it o 1 I\ rynpc '1IIti.t \ri drawl V'l'a'ice ale t.-IIaboratmnc :..t 171 ldnlin_' mu-,t-LA -its Lultixf u (ctll titLti t ' llsih,l ilosstirost 11 r':itiict ,''.l,lt:�h �alit,the Last t`'ti.Chr..':tn and In, t- 'pto hut"., �tilllil',,iI,Iiii 1rt. `-itd t. Milt :?ants 't Intiatioa iI}pr.anal;:. loc il -utitt, 1ltti scl stti,tl! blirt-t,, cud La-ttiud to r,tt,:. nit'ite: tor rtci.i r"1t L1t:ii' citteriul litc- ,ilt burro, picked-a,,uh.gic ilk ;it, ntow,n Fvent (ionts • t aptui et LoA Dl tchlrs into 00,k gitown • t`Ittac.t nittimahcii twin and ot ' t�tit7i� • ul i1 to 1011 i11 dia ytti b ti Mooch - Roaming 'k ith m4 (rntintio I ter, awn 1 la] t-crLcnt i:;t .t or''S tl i)I111 ic,lttcnt. pcltci snip" d. , I'. i,, ',. tM1 1, t I'.! .. .If I I 1 I'.. tl -I i t . I sill{tttr, %sli) ,t.11 cart.f lil_.e,peci still l?i. ,iilit.lit:it to piariicipatt_ to t doss llti-` tit t11aiILL, f l+t c'.t'llt st ill iltcbide prt.'n1Otiv`i of laic it }lkltnit})cs Liao Liniment and otlltr i stloll, .1171t' and acttl ltie 4 `arcs L!then I'irtitei;hip v tth the ( it+. Program Actl,utes J0')l -2l)Iv f'oil.e ot _ EXHIBIT A-4 he L\ecumc Director has attended so era] Council rneLlinis and continueto communicate k‘ithIce:, personnel Long Term Coals 1 Re long tclins goals of the pa)grain are to gam . tistainabiht‘. Rile providing busincs-,es thc took to succLcd AJMS hopes to de‘clop a eapital buildnr4 suatees, mann the nem lev,, yeal OIN Program Acti iitt..s - 2010 Pig;2 4 ot 4 e EXHIBIT B ORDINANCE NO 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO 631 AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS; REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE UUNCTIO';, ARiZC•,A AS 7OLLUS : ECiION I IN GENERAL That rJ-dinance No 631 be repealed and tat Ordinance ND 659 he ar+_rpted in lieu thereof tr, read as folios REQUIRED DOCUMENTATION' Arf non-prrtit agency subm,tt,ng a req esc for an allncat on ur grant of city funds shill submit to the city specific docui'enta- ticn -nccluding, but not lirnit.ed to, the following• A copy of the agency's most recent aud7t. report, a certified copy or the ageno', s m..st recent financial otaterent, detailed expenditure statements in order to p,onde a detailed accounting of all funds .a..etousi , received f"oin the City of Apache .,;unction, complete inf :rmat 7r_,n the strr,rce and amcunt o funding received from all other so,rces c ch an non-governmental agencies, membership fees and dues, and pr ;vate contr,butions, client seraire informrtion as it applies to residents of the f ty of Apache ='unction, proof of non-profit status as determined by the Internal Revenue Service, proof of corporate status to include copies of by-laws and articles of incorporation, the source and amount of Rending received from other governmental agencies, the names and addresses of current board members; and any other documentation as may be deemed .necessary by the u r t y. 2 REPORTING REQUIREMENTS Any non-profit agency recer `:ng an :17l7,ratlor or grant of cit'., funds sh;i b ' rerutrGiz t:t ',ubrii tc toe tt, ,)1 a ,.uuarte! 1'P basis, a aetailed accounting of the expenditure of city funds fir,- the :ere;,J,;'; eiu•c-tar ; writ_ten t-e0,rt 0 hlirine_ the :i accomplishments l ishmena- ith4' the d :� ,' � a �,' scope t:' worry outi kned „r the rr contrac ural weement 4i th the City of Apache Junction, and any other documentation as mey be deemed necessary by the city 7n order to determine the agency's com- pliance with the provisions of the contact. ORDINANCE NO 659 PAGE ONE OF THREE ORA 3 CONTRACT REC1U1REN PROCEDURE FOR DISTRIBUTION OF FUNDS A. All city funds allocated or granted to any non-profit agency shall be by means of a aritten contract based upon services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. BAll city funds allocated or granted under the provistars of this ordinance shall be released in equal quarterly install- ments or quarterly payments based dpon a schedule of anticipated expenses which has been approved by the Mayor and City Council . '40 s,bspouent odatte-ly allocation Or grant shall be released until such time that the ,-eteiving agency has provided all of tie required documentation for the previous quaiter and has prov,ded satisfactory evidence of compliance with the scope of work stipulated in their contact with the city 4 SUBMITTAt gc REO'dE.VS FOP. FOND,UG All fdndiog requets s,traitted by nan-pTctlL agencies nor he allocation or grant of city funds shall be submitted to the City Clerk's office d,rinq the month of January of each year Requests so submitted shall not be supject to city funding unless approved by the City Council and only followiho adoption of a final budget for the subsequent fiscal year SLCTON I , RFJ'EAL INC ANY CONFLICTING PROVI,).Ori') All ordinances and parts of ordinances in conflict with the provisions of this ordinance ot any part of the code adopted herein by reference are hereby repealed, SECTION III PROVIDING FOR SEVtRABIL1TY 0.11N If any section, subsection, sentence, clause, phrase or port,on of this ordinance or any part of the code adopted heiein by reference is, for any reason, held to be invalid or unconstitutona' by any court of competent ricliction such decision sha7 cot aftect top ,a17dit cf thP remair , portions thereof SFITT7ON DECLARING AN .EMERGENC‘ taltl; ct the City of Apache Junction, Arizona, tnat tnis ordinarce become elec- tive ommediately, an emergency is declared to exist ard this e-dinance snail be effective immediately upon its passage and adoption ORDINANCE NO 659 PAGE TWO OF THREE ` , / PASSED AND ADOPTED BY THE MAYOR AND ClTY COUNCIL OF TH[ CITY OF APACHE / JUNCTION, ARI70NA, THIS IST____ DAY OF N0VEMDER , 1988 � SIGNED AND ATTESTED TO THIS 3R0~__� UAY Of NOVEM8EA " 1088. � N0RM4N S HyU Mayor ' ATTE3T. / KATHLFEV C - LY --"^�f� --'------ ~~~`� . � City 0erk / APPROVED 4S TO FORM DAVI . ��[ ------- i ��L� At�ornpy | ~ ' / / | � ORDTIAHFF NO. 659 � »��E THRE� OF YHA�E � | / ITEM NO. 9 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME City otApache junction I logic of the ,5'u e'r:clltotz AIountatts ,IM Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE January 5, 2010 Agenda Type Regular Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON A FISCAL YEAR 2009-2010 PROFESSIONAL SERVICES AGREEMENT WITH APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR ECONOMIC DEVELOPMENT SERVICES ACTION REQUESTED Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on a professional services agreement with the Apache Junction Community Development Corporation to continue services as outlined in their program activities FISCAL IMPACT Budgeted Expenditure OPTIONS/ALTERNATIVES: /,RECOMMENDATION ATTACHMENTS: Click to download ❑ cover memo ❑ agreement part 1 ❑ agreement part 2 PIN PP ACHE,✓, Way/ r 4tezeitte.-1;tweil,424*- Home of the Superstition Mountains 4ftzo‘`°' DFCFMBFR 17 2009 NIF\1OR-\\DI'\1 10 11O\ORA1TL F MAYOR AND( In\ C Ot;NCII \-1LMBERS I1IROI rGE1 (jLOR(rL. R I tOFt \1 A\ CITY \1A\A(al-R IRO\•1 K \ll€l.FFN ( ONNIFI1 \ CIlYCI.tRK SI.WPC I \,\ORK SLSS1ON IT NI FOR J\NtU4RY 4 2010 AND C ONSL\I \(TEND\ I I E\1 FOR LAM \R) , 0010 i PROFFSSIO\'AI SERVIC LS AC,RLLMLN 1 \\I I 1 I CO\1\ILN1 I Y DE\V CLLOPMEN F C ORPOR\TION \t \"ill ?:41111--°^r 1. 2010 woik 'LSN'oL1 tOU \\Ili lia1CTill, (t1''portllntt' t 114..itl�r the conunualion of a profession II ser\ices a ireentLta for € Y 09-I0 in the redu4ed amount o1 S7 600 this lepie- nts 20' a reduLtion drool I Y 08-(19 I'Ilc ,,er\it.. pro%ided E\\ the Conununtts De%elopntent C l tporation i (I IBC' l \\ould provide a resoucLe for tusiness o\tne1's and La) start \s a 501(6 entity the CDC has tirrincin`a alto donation options that ate not otherwise available to e'iattne and new llll,Encs,,L', Please Lomat )1i4 I yOU 1ia C a)l gUe'tloim •Votcc(480)982-8002 • FAX(480)982-7018•TDb')(480)983-0()95•l.uu.alclts net ;tiff F Superstition Boulevard Apache Junction AL 85219 PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT AND BUSINESS EDUCATION SERVICES WITH APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT is made and entered into this day of 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION ("Consultant") for the project entitled "ECONOMIC DEVELOPMENT AND BUSINESS EDUCATION SERVICES" ("Project"). WHEREAS, pursuant to Arizona Revised Statutes Annotated ("A R S ") §§ 9-493 and 9-500 11. City is authorized to appropriate monies from its general fund for the purpose of improving or enhancing the economic welfare of the inhabitants of the city, encouraging immigration, new industries and investment in the city, and to print and distribute books, pamphlets and maps advertising the advantages of the city and WHEREAS, City desires to retain a consultant to provide economic development and business education services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement. including all attachments and addenda which are appended hereto by mutual agreement of the parties, and WHEREAS. Consultant has the specialized resources. facilities and skills to perform such work. NOW, THEREFORE, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services required according to the terms and conditions and for the consideration set forth below 1 TERM. This Agreement shall commence retroactively from July 1, 2009 through June 30. 2010, and shall remain in full force and effect for twelve (12) months, with options to continue the program 2 CONSULTANT'S DUTIES Consultant agrees to perform the following professional services in connection with the Project, all to be performed in accordance with all city codes, ordinances regulations. policies and procedures: A Consultant shall provide assistance and services outlined in the Apache Junction Community Development Corporation Program of Activities 2009 attached hereto as Exhibit A. 1 B. Consultant will provide a speaker to explain the Project to local business groups, publicize the program, and generally encourage participation in the Project_ C. Consultant will maintain a database that will include but not be limited to industry-specific reports, community-wide property and business reports and demographics oank, D. Consultant will provide technical assistance to city staff and city consultants, including but not limited to, development and retention of businesses in downtown and redevelopment areas. E. Consultant will provide a job skills training program to include a series of six workshops held within the community, F Consultant shall not expend any city funds on the development of a microenterprise unless specifically approved in writing by the City. Consultant will actively seek private donations and grant funding that will further provide opportunities for real estate development, economic development and business education H. Consultant will provide information and services listed above on an impartial basis and in conformance with state and federal non- discrimination regulations Requests for specific information regarding city government operations and City services shall be referred directly to City officials. J Requests for business planning and other basic business ,••••N tools shall be referred to Service Core of Retired Executives. the Small Business Development Center, or other non-profit group, -7 COMPENSATION In accordance with the terms and conditions of this Agreement. City shall compensate Consultant for its professional services as follows A An aggregate sum of up to Seven Thousand Six Hundred Dollars ($7,600) for Fiscal Year 2009-2010 provided Consultant meets the reporting requirements described in Section 3(B) of this Agreement with payment to be made as follows. (1) One Thousand Nine Hundred Dollars (S1,900) upon execution of this Agreement. and (2) three additional payments of One Thousand Nine Hundred Page 2 of 11 Dollars ($1.900) disbursed at equal intervals over the term of the Agreement. Exhausting the total amount payable for activities described in Section 2 above shall not relieve Consultant of its obligations to perform such services. Should City request additional services beyond those specified in Section 2. Consultant's Duties, Consultant shall charge, and City shall pay, an hourly rate of $50, plus appropriate expenses authorized by the City B oak Within ten (10) business days following the last day of each fiscal year quarter, Consultant shall submit to the Apache Junction City Clerk ("City Clerk") detailed reports accounting for the expenditure of City funds. Consultant shall submit a separate, concise summary of all expenditures within each report The summaries shall he subject to public disclosure as public records in accordance with AR S. § 39-121 et seq Each report shall be typewritten or prepared on a word processor and shall include the status of Consultant's progress on the scheduled work items as referenced in Section 2 above It shall include a description of all work undertaken and all findings and conclusions In addition. it shall include documentation supporting these expenditures These reports shall also contain the information required in this Agreement, and in doing so, shall demonstrate the value of work and its impact upon economic development within the corporate boundaries of the City. Documentation for actual expenditures shall include a summary page detailing all quarterly expenditures made in accordance with this Agreement and all relevant bills, receipts, and statements with the relevant expenditures highlighted. The Apache Junction City Manager or designee ("City Manager") has the sole discretion as to whether the above-referenced reports contain adequate specificity. Should the City Manager desire additional information, such information shall be produced by Consultant within ten (10) business days from receipt of such request The City Manager may withhold any and all payments due until such time as all concerns on the reporting have been resolved The books and records of Consultant shall be subject to inspection and audit by City during the term of this Agreement and for a period of three (3) years after expiration of this Agreement for the purpose of verifying Consultant's performance as well as the thoroughness and accuracy of the reports suornitteti hereunder. Records of Consultant shall be provided to City and/or made available for inspection and audit within three (3) working days following a written request by City C Consultant will monitor and seek other sources of public or private community andfor economic development funding which Page 3 of 11 becomes available to Consultant or other community entities, and will advise the City Manager in writing of these opportunities. A summary of all contacts and/or correspondence regarding these funding sources and Consultant applications for the funding shall be provided to City on a quarterly basis at the time of submitting the quarterly reports required in Section 3(B) of this Agreement. D Consultant shall design and use a business report that describes any and all progress made in the categories listed in Section 2 Consultant's Duties noted above Consultant shall substantiate the information contained in the report Such report shall be provided to City on a quarterly basis at the time of submitting the quarterly reports required in Section 3(B) of this Agreement E. Consultant's Scope of Work, Program Objectives, attached hereto as Exhibit A is adopted in conjunction with this Agreement and made a part of the Agreement by reference F Any funds not expended or disbursed by Consultant shall he reimbursed to the City Any funds expended or disbursed by Consultant in violation of Ordinance No. 659, attached as Exhibit B. or in violation of this Agreement shall be reimbursed to the City Should Consultant seek funding for fiscal year 2010-2011. it shall comply with the filing deadlines set forth in Ordinance No 659 and shall submit a work plan substantiating such request no later than March 30. 2010. 4. CONSULTANT'S BILLING For additional services as negotiated in Section 3(D) noted above, Consultant shall bill City on a time and expense basis in a total amount not to exceed the negotiated amount. City shall pay such billings within thirty (30) calendar days of the date of receipt or as otherwise oak. negotiated. 5 CONSULTANT'S STANDARD OF PERFORMANCE While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence ,ind best iudgment whiie exercising its professional skill and expertise Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 6 NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail. postage prepaid, return receipt requested. addressed to the following personnel. Page 4 of 11 Am. Auk If to City City Manager City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 And to City Attorney City of Apache Junction 300 E. Superstition Blvd, Apache Junction, AZ 85119 If to Consultant Executive Director Apache Junction Community Development Corp P 0 Box 6296 Apache Junction, AZ 85178 7 TERMINATION. This Agreement may be terminated by either party upon forty-five (14) calendar days written notice. If this Agreement is terminated. Consultant shall be paid for services performed to the date of receipt of such termination notice In the event of such termination. Consultant shall deliver to City all work in any state of completion at the date of effective termination 8 SUBCONTRACTORS. Consultant shall, within ten (10) calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may abject to for any reason Consultant agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by Consultant. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 9 INSURANCE A Required Limits 1 Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1.000,000 for each occurrence warn a S2,000.000 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 Page 5 of 11 as broad as Insurance Service Office, Inc Policy Form CG 00010196 or any replacements 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 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, and shall include coverage for Consultant's operations and products and completed operations. If Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain at all times during prosecution of the work, services or operations under this Agreement. a Protective Liability insurance policy for bodily injury and property damage, including death. which may arise in the prosecution of the Consultant's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than S1,000,000 per occurrence and the policy shall be issued by the same insurance company that issues General Liability Insurance 2 Workers' Compensation Insurance Consultant shall carry Workers' Compensation insurance to be provided by an insurance company which is authorized to transact insurance business in the State of Arizona. to cover obligations imposed by federal and state statutes having jurisdiction of Consultant'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, Consultant certifies as follows. •i am aware and understand the provisions of A R S 23-900 et seq which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement Page 6 of 11 oiso► - - If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subconsultant to provide Workers' Compensation and Employer's Liability to at least the same extent as required of Consultant B CERTIFICATES OF INSURANCE Prior to commencing work or service under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages. conditions and limits set forth by this Agreement are in full force and effect and remains so for the duration of this Agreement The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Consultant's work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk If a policy is expired, canceled or materially changed during the life of the Agreement, such notice must be sent to City thirty (30) calendar days prior to such action The cancellation clause on the Certificate of Insurance shall state the insured party shall send /'k notice of such cancellation at least thirty (30) calendar days in advance of such cancellation The Certificate of Insurance shall include an original signature of the insured's representative. Photocopies will not be accepted and failure to provide timely notice as noted above will be considered a material breach of contract 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 Clerk and shall include City as an additional insured party The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following language Page 7 of 11 "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 mayor, council members, officers and employees are added as additional insured parties under this policy 10 RIGHT OF CITY TO CONTRACT WITH OTHERS- Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 11 DEFAULT EXCEPTIONS City and Consultant shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 12 INDEMNIFICATION. Consultant shall defend, indemnify, and hold City. its agents. officers, officials and employees harmless from any and all loss damage, claim for damage, liability, expense, or cost, including attorney fees. which arise out of. or is in any way connected with the performance of work under this Agreement by Consultant, or any of Consultant's employees, agents or subconsultants, and from all claims by Consultant's employees, agents and subconsultants and agents for compensation for services rendered to Consultant in the performance of this Agreement, notwithstanding that City may have benefited from their services This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive. on the part of Consultant or Consultant's employees. agents or subconsuitants This section shall survive the expiration or early termination of the Agreement. 13 WAIVER OF TERMS AND CONDITIONS- The failure of City or Consultant to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or pnvilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges. and they shall remain in full force and effect 14 INDEPENDENT CONTRACTOR- Consultant shall at all times during Consultant's performance of the services retain Consultant's status as independent contractor. Consultant's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant Page 8 of 11 15. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to ^` enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including• all litigation and appeal expenses. collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action 16 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Consultant under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers and files in accordance to the limitations within this Agreement 17. LICENSE. Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business occupational license and sales tax license pursuant to the Apache Junction City Code and keep such licenses current during the term of this Agreement Any Consultant activities or programs within the corporate city limits will invoke the same business occupational license and sates tax regulations All participants in these activities and programs will obtain any required business occupational and sales tax licenses Any activity by subconsultants within the corporate city limits will invoke the same business occupational license and .p sales tax regulations on any subconsultants, and Consultant ensures its subconsultants will obtain any required business occupational license and sales tax license In the event any subconsultant fails to pay required license fees or taxes due, Consultant shall pay to City such amounts within ten (14) working days after notification from City that such amounts are due and payable 18 NONASSIGNMENT' This Agreement has been entered into based upon the personal reputation. expertise and qualifications of Consultant Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Consultant shall not assign any monies due or to become due to it hereunder without the prior written consent of City 19 ENTIRE AGREEMENT• This Agreement and any attachments represent the entire agreement between City and Consultant and supersede all Page 9 of 11 prior negotiations, representations or agreements, either express or implied, written or oral, It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY If any part, term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected 21. CONFLICTS OF INTEREST. The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 22. POLITICAL ACTIVITIES: As a community service-based organization. Consultant is a non-political organization. Consultant's employees are prohibited from engaging in any partisan political activity with resoect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Consultant shall solicit any contribution in cash or services from any Consultant employee to support any candidate for public office No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office If a board member or officer should engage in said activities. they shall make it clear that they are doing so in their personal and private capacity. and are not associated with Consultant in any way. while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore. all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written Page 10 of 11 Auk APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION By Ariel Ohler Title: Executive Director CITY OF APACHE JUNCTION an Arizona municipal corporation By JOHNS INSALACO Title: Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM . -- 19 19 0 RICHARD J STERN ^ City Attorney Page 11 of 11 EXHIBIT A-1 Apache Junction Community Development Program of \etn rties 1st Quarter Narratne Report ,Jule through September 2009 € oflcv mg ate the activities performed %ohm the quarter to meet program obte&tif�S 1 Butltl committees of residents dedicated to et eating,and implementing cummuurt► protects • \pache Junction CDC is participating in the Nonprofit Networking ti(� offered hs E nipowerment ere ices 1•hroneh participating thL ur :antzation hit !4tainLd L'iedll.-r \i thtIttS to c'l2ann/atio1I ttlio oifti thca restdeiits. • 'soll.tied .ctlun',err• horn rl'c ` +.tlt'n:e:r t :Ater t'i Pizla! • l'jrcha,,d ad' crTt›i,1. for tt' totirtLi of Jul, and had 0 -.,'h00l ad s..t11r.yn 'I' Independent \eu,plliei • 1 :i , 'a i the:te\elon.ltdit of mst.itle!1terpr€s,c ' it i}t his tic lelop d a d ra Kt. <Ind ,endctr` Irl rile eorniromtt I here uc cii curl f h()un th hst 4e'.ci 11 email ie,:.ai Jin;'.eon1I111mA% cr., rim' Let a ppoltwnit`,.`+ and L',iati:'s a, :liable for tittllr'lolos and arti4t', ..etc `,crit dl rill" tti!,' flit 'tct 2 ('olhhoi ate ith (: tts Efoutin2 ( ttaifllrvitor to obtain f4rant inonei for rehab and affordable housing progri arras • Lotter, of support were pros ided to file 1fousing Coordinator to ubtirn grant Tones tor 1 it4}1.11tot'Il {It+USIn'e stlid. • 011_0+'1" rti' 0YH,pyr-nt-ntl z c lt'i a 1h_ t ti' r 3,_IL. �a'ltit`i`i 1 ila rit.ed 3 Pal trier ith C itN. to expfor i outaoml=s and possible inlplenmentation sttate+stet once the ( funded Dou num n Redc.elnpmu1t Pl.iin ale complct.td • :. i.. li. 1.+1 0,1_1 !L!` _ i' _ ,.. l;'c .. t c '1t.ti.f L I 1 tisi,.. c 111.•etirl; R.111,1, srl 'r_ iit.'lll 0'1 .trail, for r • i 4C,aIiltt DUO..^ot li-c' alth (Jtc:(s u n ultilrg to ',h:ir4 ltt•ii1t1U'+l and qualms data leg tiding down too it .Apache iunL,ion I he'e l porti me a,ae c,t11c11t buaners mentors 4 Solicit pi ate donations f'agt.' 1 EXHIBIT A-2 • A grant application for the tmerocilteiprise research and development etas ,uhmitted to NI PEP Its.oicdiiizaticili w s € of Cianted tuzidin'= • I he _Ari-zona Lotter% has aiN en the organization pet mission to r..ompete tor a sponsorship of S.-i Ott}for a marketing plan that in,lndeti e4ents in downtown ^ 5 Promote 1JC1)C through public speaking i 1 he I to:ume Dire(Tat i{hF€4Itti'li'.il efInf:i 14H12lo t01 t)e173j'iiOM % i11i.h as ( A~~AI A, I lope s V1/4 amen (.enter and Sharon Simard of Cental .Anion, ( tilleee In discuss strategies to! to inLome micioenterpri,e development and matt.etine. i.amptiigli ( i)tv tiop a lob skills trauiiii to()gram to heoetit It % tocsintt a tsideiats • ,ii outltite 0S a Se to . ?I r, `w tlrh Alt{?p,oa hov, tt7 -,tau, oper's_ 0 , '#'wat htl,intss in l has been des eloped fhc voittikhop timeline ,s lone "eptei;ihet II Page EYHIBIT B ORDINANCE KO 659 AN ORDINANCE OT THE MAYOR ANC t TTV' COUNCIL .if Tilt CITE Or APACHE JJNC:TION, ARIZONA, HEnEA1 ING CITY ORDINANCE NO, FI: AND ADOPTING ORDINANCE NO 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, RLQLIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES PECEI:'iNG CITY FUNDS; REPEALING CONFLICTING ROVIS' 'N , PROVIDING roR ,f'VfPAPII..IT'#,. AND DECLARING AN EMERGENCY BE IT ORDAINED Bi T° N.A OP AND OIT1" COUNCI_ OF TaC CFTY t F A k.E JJNCTI O 1. Aii ^,"t", t rLLU.4, SE' T I�1tr I IN GENERAL Fat G d1'tdrlr^t? , - n1 Pr i i t d L1,at be ad,,fte'1 in lieu th?re'f _ , r 3;; 1. REQUIRED D(, .IJM-NTPTION :.:"in-c auecct i.'- cr an'. nf rity `il;`;r!''1 I t', i tyr• r r ,Ter 'rrrlud,nrt J:.rt . .. `:hr- +_1 i:wi 1n ! .._np. i_? ly;'i y'l t1:it . fl.-ports .:r t,f i ) t 1 tr1E agfnci ; >.. -C . .ir 1 �'•. ��r''t_ 1r ri ;{c,, tit ri' It: J(%t3 f.. C11 -t.r- 1i Dri, •.a fr. r�'f., if "t. �'r-;� ,.,;f< -r r' 1,,i:1r?'F i tiro-pt. , ,ace 1 2Q fro-,, . rr rE.- y! '.l.;ri t r ,,y is :'4 i ' f- I, 3nc ti l ate tr'tirl l ; h%o, '1 :i -rir.i:ll:at rG',A-s I. -`" 'ii rit'. of 11r_ f ,3,_t�> t.r i:_r', { _ _ s °,tattus as dterminectl by th; Internal Revenue Service, pr::it ,t totpor to status t0 lr`:=lurk' i_opios i't-ld 5 and a.. °.11.I 'ncui parat ion, 1 he 5 cu'ce a ir1 :a''oLait or flJ"'I11'y 1 et,ei,ed fr•c1Pi C1 17 r` y'overn ert31 nr 1?5, tr,e nari75 and addr?'"5as f cur-art hoard member,, an;f 3r:}' lth rloc.un,r'itotif as may b(; do'LrTed necessary by the city P=P"aFINO °Er;,J11-FMFNr_ Any r n-pr tfit aden,_j rEcu vino 3n 1PAat,.t.n ,,. Itv , ii, k I7 i : r _ l .t blil S a 'IPtai le.! 1:t C!-ln' rl:{ :!t tii" _s:ritenl'1 7! -' of c t+ r funCs czar,: out 1rrRd rri rn- ,:rrtr :ittrlral aegreeTert ,+r'ththe Lit/ 1.t n Apache Junction, an C'thei dnr-r iantat'crr 3S r-1_j be icncriicc necessary by thr t in rrr 00r' to dcte'n ine the agelcv s r.crn- tilcanoe with thcc 1rc•.i ions at the < ;irrrrirt CCDINANCE NO 659 PAGE ORE OF THREE 3 CONTRACT REQU REO, PROCEDURE FOR DISTRIBUTION Of FUNDS A. All city funds allocated or granted to any non-profit agency shall be by rnaaris c a wr i t,en contract based upon service', to be provided to r:,' worK tc be performed on behalf of the City of Apache aunt*ion and it, residents in compliance wlti the provisions of Arizona :avrsed Statutes 1ekprdln the "IN use of pubtri- funds. All city funds al located 0 granted under the orovirions of this ordinance shall be released in eq•ial grar'ter•lt+ install- ments. or quarter iv paynien`_ based. open a schedule of ant i Ll r}ated e?penis Wh ri h nas been appr c.ed. by the Ma j:1; and Cif'r Loun:il 'uarter1: C,l tri_atirri tr,'rt shall be released tilitl • curt ti oe that the rer ei ino ager'Ly' to (ri )v: rt ;1I .'.< the re'1o'red doctreritatrc.,rl for ttii p' i'; i_ i.: cr ?rr i;l 3I ti .3:.;j r,, y e i'f conp1-an - r.:$ r n 0' 07:rk t i qul="c-;i =r;,',rratt w't` ir, r dli,_catta r era -t ut _itr .s chsdil Dt 3ubMrtter: (,- tine (fits Clerics cirri,_.. ;j-.. i-0 thr- (snrth c.ff right ye l - 1�: 3 J +;1•� ��.j � l l H. t ir::,.} i 'j.j rUf'.l1r Ufi1 ,_ i r.r# ,yej h, r. ,. 't "1 t tall ' t"Ilr',,'rtq -r,7474'01 ETTIC 4r 4r, r .r %t 1l `Sris in : { ,:_ vlttl 'Iv vl'�it`itl Ct t or"dinanc,p .r gin ' :rt ., r(..,y a,._rt''r! ',erc' h 1 P1-0i repeated. q:-.TCN 11 t=R@v1LII *C F ' ,E ERA6.LE ' , t xr = 1 irl subse tio" s?rt'nC:'. Thr3sC ir. pr in .f ord:ran-- or , ;., part of thrude ?looted h relr by rpfe- .ire }s tl,r anr 1-71d tf. be ail,'di i(; r:' :.J ,-t r`t'; t. 'n r. r-! Gr per. - a; th,cr Po, IL i,_y' iw', rr i 1—— cl Li':i , tr.r t - ..c ir:nFd'atPly, art tr*r=rae r: v 1= t' o, , r,., •-'• .l bP C' „ -t• Hicrir�l.I.f' ..r:•::1 't ii•a_.;acL and adcptio nr,T. .iAt,ict 0 Tit« . emS pAssEr) AND ADOPTED BY THE lAYOR ANL, (JP( fOl.NCI1 OF Tiff. CITY OF APACHE JLIW:TIDN, ARIZONA, THIS is LIAv or NOVEMBER , 19E3 "0NED AND 4TIES1ED ro THIS Oki OF P.40yEtlE,Ec, , 193E' t1004-A N S HILL MayG1 ;1-'7E7,T , -72/• 4- TITErriTrA' ELL r t 1 ;J. ,EV41,),I..tr !., f :qt."ItrANCI: NO. 653 TI'D.EF TIRFF ITEM NO 10 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES: V\\ ' l ( ITEM # 01 MEETING OF Ol t-C) fA/\//' MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER BARKER 'I COUNCILMEMBER COLEMAN V COUNCILMEMBER WILSON NJ Df€TZ VICE MAYOR ECK COUNCILMEMBER SERDY Ivrivee-R-tts*L-AG4)--- ) UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL i ITEM NOS 11 & 12 THE EXECUTIVE SESSION FOR MONDAY, JANUARY 18, 2010, IS CANCELED DUE TO THE CIVIL RIGHTS HOLIDAY I MOVE THAT AN EXECUTIVE SESSION AT 5 45 P.M. AND A WORK SESSION AT 7 00 P.M. BE HELD ON TUESDAY, JANUARY 19, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY ADJOURNMENT I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WSkP01-*/ REG I l v SPEC CITY COUNCIL. P / A P / A P / A MAYOR INSALACO V nVICE MAYOR ECK COUNCILMEMBER BARKER V COUNCILMEMBER COLEMAN V COUNCILMEMBER DIETZ COUNCILMEMBER SERDY V COUNCILMEMBER WILSON TOTAL CITY STAFF I �U City Manager George Hoffman z� Assistant City Manager Bryant Powell _ City Clerk Kathleen Connelly _ City Attorney Joel Stern t/ Public Safety Director Jerald Monahan n City Engineer Giao Pham Parks& Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS • l ("1 -4( `;- 14. Date: Y , 5 City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. �. Do you wish to speak before Council on this item? Yes No Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. o 16�'� Name (Print) 5-1 ' ) U A ; e 11-e-JiZ /4'2' I 5 1 Address City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09