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HomeMy WebLinkAbout2011 11.15 City Council Regular Agenda PLEASE FILL OUT A"REC. ST TO SPEAK"FORM IF YOU WISH TO ADDF 3 THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING i i EM ACV ____,� pity of Apache ,Junction O Horne of the Superstition Mountains 4 Iz a APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS ""` 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA November 15, 2011 7:00 PM 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 November 1,2011. 3 Consideration of Fiscal Year 2011-2012 professional services agreements with five human services agencies to provide in-city services in the total of$80,000. At the November 14 Work Session, council discussed the possible funding for human services agencies as recommended by the Health and Human Services Commission 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 A CHECK TO MAYOR INSALACO FOR THE FUTURE DEVELOPMENT OF A DOG PARK AT SILLY MOUNTAIN REGIONAL PARK. Marta Saint-James, President of Gold Canyon Dog Owners Group("DOG")will present a check for$4,104 00 to Mayor Insalaco, Theresa Nesser(Chair, Parks Commission) and Lucy J.Young(President, Friends of Apache Junction).The funds are designated for the future construction of a dog park at Silly Mountain Regional Park.The funds will be held by the Friends of Apache Junction The funds were donated by members of Gold Canyon DOG,and residents of Gold Canyon and Apache Junction The organization promotes responsible dog ownership and provides a myriad of information about dog related issues A photographer will be on hand to take pictures of the presentation Gold Canyon DOG will further be represented by Francine Schut (Vice President),Walter Girton (Treasurer), Darlene Girton (Board Member)and Sherry Rosner(Board Member) F. ANNOUNCEMENT OF CURRENT EVENTS. 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. 5• 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 unless additional time is granted by the Mayor.This time limitation shall not apply to applicants and their agents appearing before the Council. None. I OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk 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 6. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NUMBERS 11-50, 11-51,AND 11-52 REGARDING THE SUBMISSION OF A FISCAL YEAR 2012 STATE HOUSING FUND GRANT APPLICATION The Arizona Department of Housing has announced the next cycle of funding for owner occupied housing rehabilitation programs Completed applications are due on January 13,2012 If approved by Council,Apache Junction will request$330,000 in owner occupied housing rehabilitation funds to complete the rehabilitation of six owner-occupied residential properties 7. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-49,AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FISCAL YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2012 STATE SPECIAL PROJECT PROGRAMS. Staff will present the proposed projects that have been identified for potential application submission of Community Development Block Grant and State Special Projects As part of the application requirements, a resolution is required that authorizes the City to submit applications to the Arizona Department of Housing for funding On December 6,2011, staff will bring Resolution No. 11-49 before Council for consideration and approval following a presentation of all proposed projects and a public hearing 8. DISCUSSION ON THE PROCUREMENT OF A CRIME SCENE INVESTIGATION VEHICLE FOR THE POLICE .�. DEPARTMENT. Staff requests permission to move forward with the purchase of the last budgeted vehicle for the Police Department.The vehicle would be a Ford Explorer with a total cost including tax of$26,169 34 Staff requests authorization to purchase the vehicle through the cooperative State Contract#ADOT 11-004994 via Chapman Ford 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: 9. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7.00 P.M FOR MONDAY, DECEMBER 5,2011. 10. EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, DECEMBER 6,2011 OTHER MEETINGS IF NECESSARY. IA. 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 ar 'questions of the speaker,discuss the matter w"...''ne another, but may, at the conclusion 1) respond to criticism by a speaker,2)ask the uty Manager to review a matter,3)ask the City Mai edger 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 .p►. 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 IOW IaW• CITY COUNCIL REGULAR MEETING NOVEMBER 1, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 1, 2011, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson 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 Development Services Director Brad Steinke Assistant to the City Manager Matt Busby Others Present : Business Advocate Janine Solley REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 1 OF 17 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he and the city manager attended the Pinal County Emergency Preparedness Fair on last Friday in Casa Grande. He was impressed with the presentation on the Gabrielle Giffords shooting that had occurred in Pima County and the new trauma bags available. He also attended a Preparedness for Businesses presentation. Councilmember Wilson announced he attended the Halloween event at Prospector Park last night and it had very good attendance. Parks and Recreation staff learned Monday morning that someone had pulled copper wiring from the lighting and they quickly got it repaired so the event could go on. He thanked them for their work. Councilmember Barker seconded that . Councilmember Serdy reminded everyone the Festival of the Superstitions is on November 11 and 12 . Councilmember Serdy reminded everyone this is the first Friday of the month and there will be events at the art place downtown. Vice Mayor Dietz commented the second Pima County officer to arrive at the Giffords shooting in Tucson was Matt Salmon, son of one of our former police officers and he was also part of our explorer program, along with his own son who also works for Pima REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 2 OF 17 County Sheriff' s Office. Matt was issued one of the new trauma packs and used it to save peoples' lives. He gave kudos to the explorer program. Mayor Insalaco welcomed Apache Junction Cub Scout Pack #970 . CITY MANAGER' S REPORT As 11\ City Manager George Hoffman commented on Crime Scene Officer Stephanie Bourgeois recently received a law enforcement award from the Sons of the American Revolution; read a note regarding the capture of a burglar in Cortez Ranch; read a note on the support city personnel gave on Soldier Ride; and reminded everyone of the Wellness Fair being held on Saturday. PUBLIC HEARINGS ORDINANCE NO. 1376: CITY-INITIATED TEXT AMENDMENT TO THE DEVELOPMENT FEE ORDINANCE ) Development Services Director Brad Steinke briefed the council on the item. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated development fees are just another tax. He does not understand why they are adding more fees for development and, if they are using the fees, he would like to know where they are being used. We do not look like Mesa and Gilbert. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Coleman stated if Mr. Fisher has driven down Broadway, the additional widening of the street was paid for by development fees to be used for new developments . He is glad he did not have to pay for that . They also paid for the expansion of Prospector Park, the addition to the library, and so many other things those fees REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 3 OF 17 it ... have been used for. He commented if he likes Mesa and Gilbert better, he would help box him up and move him. Vice Mayor Dietz commented those fees have to be spent on the library, parks and recreation, the police department and roads . They cannot go anywhere else, such as a trip to Acapulco for himself. Councilmember Smithson asked .-� if library funds can only be used for libraries under a certain size. Development Services Director Brad Steinke stated the new law which takes effect in August 2014 indicates you cannot collect fees or use fees for libraries over 10, 000 square feet . Councilmember Smithson asked if they would be establishing a separate fund for library fees for future libraries to be built. Development Services Director Brad Steinke stated the city will keep this library fee fund. Councilmember Smithson stated we will keep it until the law changes . Development Services Director Brad Steinke stated once the law changes, we will comply with the law and will no longer spend the money. If we want to build a library that is over 10, 000 square feet, we would not spend the money on that library. Mayor Insalaco closed the discussion with no more comments and called for a motion. Councilmember Barker MOVED ORDINANCE NO. 1376 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 4 OF 17 VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED '"'` THAT ORDINANCE NO. 1376, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1378, CASE PZ-2-11, A CITY-INITIATED REZONING TO APPLY THE DOWNTOWN OVERLAY ZONING DISTRICT CLASSIFICATION TO DOWNTOWN BUSINESS ZONED PROPERTIES ) Development Services Director Brad Steinke briefed the council on the item. Councilmember Barker asked if this information can be found on the website. Development Services Director p Brad Steinke stated it can. Councilmember Smithson asked if there was any significant testimony given. Development Services Director Brad Steinke stated there was not . They had a few neighborhood meetings and listened to the business owners. They seemed pleased with this. No one came out and objected to this at the planning and zoning commission meeting. When he talked to business owners, they felt this would improve their situation. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 5 OF 17 Councilmember Smithson commented in his 15 years in city government he does not recall any rezoning where there was not a lot of opposition. Vice Mayor Dietz commented this one actually gives them more options . They can keep what they have or they can add; whatever they want to do. Mayor Insalaco opened the .�. public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council. He commented he is glad they are doing this as it needed to be done. However the words overlay zoning scare him. He questioned if someone could ask for overlay zoning in the neighborhoods. He knows there will be things in there that are more restrictive. He does not believe the people are really included in what goes on downtown as this did not go to the ballot and anything referred is challenged in court . He asked if there was a town hall on the downtown overlay district. He added it was great to include the businesses but he wondered about the rest of the community. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Vice Mayor Dietz commented there were neighborhood meetings on this to get input, plus meetings with the businesses, and not one person objected to any of this. Development Services Director Brad Steinke stated they have not had an objection and they have had at least two meetings where they have sent out individual letters to property and business owners within this downtown area over the last several months . Six zoning boards were put up. Over 600 notices were sent out the property owners subject to this rezoning and those within 300 feet of the rezoning. Advertisements were placed in the newspaper and the downtown website has been up for six or seven months. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 6 OF 17 Mayor Insalaco commented that it has been available. Vice Mayor Dietz commented anyone living in the city or driving around the city would definitely have seen those signs, and anyone truly interested in finding out about an issue had plenty of opportunity to do it as it was on the website for at least 6 months . Ask Development Services Director Brad Steinke commented he does not know what else they could have done. Councilmember Serdy asked how many council agendas it was on. Councilmember Wilson commented they discussed this overlay program when they had the discussion with G&G when the public was coming in. He recalls one being held right here. Vice Mayor Dietz commented anyone informed would know what was going on. Councilmember Barker commented that would be anyone who was actually interested. Councilmember Smithson commented he found out about it before he even ran for city council and he attended a meeting. He does not own property ,,,.. there. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT ORDINANCE NO. 1378 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 7 OF 17 The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Coleman MOVED THAT ORDINANCE NO. 1378, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. p Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. RESOLUTION NO. 11-48, A RECOMMENDATION TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION WHEN MAKING FINAL DECISIONS ON BOUNDARIES THAT EFFECT THE CITY OF APACHE JUNCTION ) Assistant to the City Manager Matt Busby briefed the council on the item. Councilmember Smithson stated under item number one on the bottom of page one, he suggested they include in the sentence where it says "the proposed Congressional District One which includes communities in Pinal County" should somehow indicate that Apache Junction would like to be included with the other cities in Pinal County. Councilmember Wilson commented he went to one of the meetings that the commission held and one of the commissioners came down and talked to him and stated the resolution will be a very good thing to send to the committee so that they can actually see what our elected officials think and what our constituents think. Councilmember Smithson thanked Councilmembers Wilson, Barker and Coleman for going to some of these meetings to give testimony. They had heard that comments by elected officials seem to carry weight . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 8 OF 17 Councilmember Barker commented it is important to note that the vast majority of people at the meetings that she attended were very much in favor of keeping Pinal County as a whole. It would be two legislative districts, but they would be Pinal County districts, which would allow the communities that have regional partnerships to have the same basic representation. That seemed to be what most people were talking about. Councilmember Coleman asked if she was talking about the state legislative districts . Councilmember Barker stated that is correct . Councilmember Coleman commented he has a little different feeling about that . He is not so strong on number two on this because as he looks at the maps, the compactness of 16 is very attractive to him. He knows that it includes East Mesa, but he honestly shops there more than he shops in Florence. When he was growing up in East Mesa, everything east of Power Road was considered Apache Junction. He will support this, but he feels stronger about number one than number two. Councilmember Barker commented she feels stronger about two than one . Put us both together and we like them both. Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated this is a republican state and we probably know which way this will go. There is no diversity and they do what they want. He believes the woman that they are removing from the commission is the only independent. Councilmember Barker commented that is a good point . However, if the council sits back and does not say a word about, she asked if that is not his basic philosophy. We have to get up there and say something. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 9 OF 17 We are saying we do not like this. The commission may do their own thing, but at least they will know how we feel . Councilmember Serdy commented when he looks at the whole thing he does not see democrat and republican. He just wants to see the people represented correctly. We have no business being lumped in with some of these people. Fountain Hills belongs where they belong and we belong where we belong. Councilmember Smithson stated he thinks it makes a big difference who our representatives are, who we can vote for and who we are combined with. He believes it is critical to us . Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 11-48, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SUBMITTING RECOMMEDATIONS TO THE ARIZONA INDEPENDENT REDISTRICTING COMMISSION REGARDING THE PROPOSED CONGRESSIONAL AND LEGISLATIVE DISTRICT BOUNDARIES AND THEIR NEGATIVE IMPACT ON THE CITY OF APACHE JUNCITON AND ITS CITIZENS, BE APPROVED WITH THE FOLLOWING AMENDMENT: THAT IN NUMBER ONE, THE WORDS "IN PINAL COUNTY" BE INSERTED TO FOLLOW THE WORD COMMUNITIES . Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS APPOINTMENT TO FILL A VACANCY ON THE BOARD OF ADJUSTMENT REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 10 OF 17 Mayor Insalaco called for a motion. Councilmember Barker MOVED THAT ANTHONY BOWLER BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2012 . Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2011-2012 City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker asked if this was budgeted. City Clerk Kathleen Connelly stated it was; budgeted and approved. Councilmember Smithson asked if there is an income requirement. .•. City Clerk Kathleen Connelly stated it is based upon age and disability. Councilmember Wilson commented whereas a neighbor can do this and get reimbursed, a family member cannot get reimbursed. City Clerk Kathleen Connelly stated that is correct . One thing that is not allowed is a family member living in the same house . Vice Mayor Dietz commented this has been pretty successful in the past. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 11 OF 17 City Clerk Kathleen Connelly stated it has been very successful. Vice Mayor Dietz stated it is another avenue of transportation for the elderly and disabled that need it. City Clerk Kathleen Connelly stated it frequently is the only means of transportation .•. available to them. It gives people who should not be driving any longer the opportunity to get to where they need to go. It saves money for them as they no longer have to pay for insurance costs on their own vehicles and things like that. If there were more money available, this program could use it. Councilmember Smithson asked how a person would apply. City Clerk Kathleen Connelly stated they go through the East Valley Adult Resources . They should contact them and they will go through the clearance process . They are eligible for the program depending on the availability of funds Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Coleman MOVED THAT THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES, INC. FOR THE RIDE CHOICE PROGRAM FOR FISCAL YEAR 2011-2012 IN THE AMOUNT OF __ $26, 432 . 00 BE APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. COUNCIL DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 12 OF 17 TOWING SERVICES REQUEST FOR PROPOSAL NO. PD 2011-02 BID SUBMITTALS Captain Arnold Freeman briefed the council on the item. Councilmember Barker asked him to explain the ramifications of the three options. Ado Ilk Captain Arnold Freeman stated Option 1 rejects all bids . Staff, including the legal department and the city clerk department, would make some modifications and begin a new process. They feel they can do that relatively quickly and move on it to where there is not a delay in service. Option 2 accepts the qualifying bids and moves forward. There could be legal challenges with all 3 options . It is what it is . They feel like Option 1 would allow them the opportunity to clean up some of the language that could prove difficult in the future. With options 2 and 3 they are moving forward; once they move forward in either one of those directions we are reasonably sure there will be legal challenges . He thinks they can remedy several of those by selecting option 1 . Councilmember Barker commented he is saying the selection of option 1 may well give us the opportunity to do the right thing, rather than coming back and changing an ordinance and then having to change it over and over again. .••. Captain Arnold Freeman stated that is correct . He thinks they can correct some things, especially minor things . For example, he left in a chauffeur' s license and that has not existed for many years . When they moved portions of 885 over, he did not pay attention to that little detail . There are other little things that need to be cleaned up. They believe the residency requirement will be challengeable. Based on conversations with the city attorney, they feel that option 1 would present them with the opportunity to fix it before we move forward. Vice Mayor Dietz asked if they could resubmit the same information. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 13 OF 17 Captain Arnold Freeman stated they can resubmit the same information however there may be some changes to the questionnaire so they would need to read the entire packet . He cannot tell them tonight each and every portion that would be changed as that is a discussion he needs to have with the city attorney to determine which direction they need to go. Councilmember Serdy asked how much it will cost them to resubmit. City Clerk Kathleen Connelly stated there is no charge for the request for proposal. Captain Arnold Freeman commented it is not like they have legal fees on this. City Clerk Kathleen Connelly commented she does not know what they might have done on an individual basis but there is no charge from the city to them for either copies of the request for proposal or for submitting a request for proposal . Councilmember Serdy commented then it would just be a little more man hours . Captain Arnold Freeman stated the bulk of it will move forward. There are just minor modifications. They should read the document and not just transfer information over. Vice Mayor Dietz commented this would hopefully alleviate any lawsuits against the city if they go with option 1 and redefine a few things and make a few changes . It would actually save the city in the long run if there were any challenges or suits brought against the city. Councilmember Smithson stated rejecting all the bids in option 3 is clearly not an acceptable alternative. He would feel badly if they accepted option 1 because of the existing submittals and the work done on them and he is sorry for them, but it seems to him that option 1 is preferable to option 2 . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 14 OF 17 Mayor Insalaco closed the discussion and called for a motion. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING TOWING SERVICES RFP NO. PD 2011-02 BID SUBMITTALS: PROCEED WITH OPTION 1 . Amok Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Assistant City Manager Bryant Powell briefed the council on selecting a date and time for scheduling a tour of the Waste Management Eco Center in Surprise, Arizona. There was general discussion by the council and staff as to what day would be best for the council . The general consensus was to do the tour on March 3, 2012 . Mayor Insalaco closed the discussion and called for a motion. .•► Vice Mayor Dietz MOVED THAT THE TOUR OF WASTE MANAGEMENT' S ECO CENTER IN SURPRISE, ARIZONA, BE HELD ON MARCH 3, 2012 AT 8 A.M. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 15 OF 17 P.M BE HELD ON MONDAY, NOVEMBER 14, 2011, 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, NOVEMBER 15, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Terry Secor, 1285 N. Main, Apache Junction, addressed the council regarding proper zoning for towing, the requirements on the towing request for proposal, and the number of tow companies in the city. Mr. Elliott Fisher, 547 E. Quail, addressed the council regarding disability transportation not serving the city, his request for damages on his criminal case and referendum, transportation options, and city-initiated rezonings being put on the ballot . Councilmember Serdy commented he agreed with most of Mr. Secor' s comments and he is concerned about the zoning. He asked the city attorney to give a worst case scenario and how the city could protect itself from that . City Attorney Joel Stern stated he could not answer at this time as it is not on the agenda. He will do so at his instruction. Councilmember Barker asked if the city manager would have the development services manager remind them about the list of businesses that they checked off that they did not want in the overlay district. City Attorney Joel Stern asked if this is being transferred to Brad or if he is still doing it. Councilmember Serdy commented whoever could do it easiest. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 16 OF 17 City Attorney Joel Stern stated a planner should probably do it. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 05 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 18, 2011 . ACCEPTED THIS 15TH DAY OF NOVEMBER, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF NOVEMBER, 2011 . 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 1st day of November, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 8th day of November, 2011 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 1, 2011 PAGE 17 OF 17 Oft. Adir 14- 00 1 of Apache Junction Home of the Superstition Mountains 4 1Z•N* M Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: November 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. Communication/Outreach TITLE OF AGENDA ITEM. Consideration of Fiscal Year 2011-2012 professional services agreements with five human services agencies to provide in- city services in the total of$80,000 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: At the November 14 Work Session, council discussed the possible funding for human services agencies as recommended by the Health and Human Services Commission FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: Consideration and approval of agreements. ATTACHMENTS: Click to download D cover memo D funding chart D food bank agreement L] Food bank Exhibit A D Boys and girls club agreement D boys and girls club exhibit A D caafa agreement D caafa proposal exhibit A D caafa exhibit B D senior center agreement D senior center exhibit A D mountain health agreement L] mountain health exhibit A NOVEMBER 3, 2011 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER FROM. KATHLEEN CONNELLY, CITY CLERK ct/ SUBJECT. AGENDA ITEM FOR NOVEMBER 14 WORK SESSION AND NOVEMBER 15 REGULAR MEETING(FY 2011-2012 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2011-2012 human services funding requests,to interview qualified applicants and to formulate their recommendations to the City Council. All applicants for FY 2011-12 funding were asked to appear before the commission. The city received applications from a total of five agencies in the following amounts: 1. Apache Junction Reach Out, lnc.(Food Bank)$20,000 2. Boys & Girls Club 30,000 3 CAAFA 14,500 4_ East Valley Adult Resources 30,000 5. Superstition Mountain Mental Health Center 23.000 Total $117,500 With the understanding that$80,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2011-2012: 1. Apache Junction Reach Out Food Bank-$20,000,with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the Food Bank facility Quarterly reports must meet city requirements 2 Boys & Girls Club (Apache Junction Branch) - $8,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after .�. AM I.school and intersession programs The funds must be spent on city residents only and quarterly reports must meet city requirements. 3. Community Alliance Against Family Abuse - $14,500, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, to include empowerment sessions, legal advocacy services and general advocacy services. The funds must be spent on city residents only and quarterly reports must meet city requirements 4 East Valley Adult Resources for the Apache Junction Senior Center-$25,000,with the stipulation that the funds be used to continue congregate meals at the Multi- Generational Center, transportation services to and from the center,grocery stores, medical appointments and for the home delivered meals program. All funds must be used for city residents only Quarterly reports must meet city requirements 5 Mountain Health and Wellness-$12,500 with the stipulation that the funds be used for client-related medication and psychiatric services such as psychiatric evaluation and medication monitoring. The commission did not wish to fund other services such as rent or utility assistance, auto repairs,food, clothing, etc. All funds must be used for city residents and quarterly reports must meet city requirements. Total of recommendations - $80,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk; that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail; that handwritten records and reports are unacceptable; that the person assigned to completing and filing the quarterly reports be familiar with the terms and requirements of the agreement in order to avoid processing errors and delays,and that each agency be put on notice that the original purpose of the human services funding was /-k to provide"start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time. Continual requests make it difficult for new agencies to also obtain funding. Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities Members of the Health and Human Services Commission will be present at the November 14 work session to answer your questions on these recommendations. The contracts will be placed on the November 15 consent agenda at which time you can approve them, opt to move them to New Business for further discussion or continue them to a later date. Attachments:City Code Article 2-14 Funding Comparison Table HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 AGENCY -05 -06 -07 -08 -09 -10 -11 -12 Apache Junction Reach Out Food 20000 20.000 20,000 20,000 18000 14,400 14400 20.000 Bank Inc 20.000 20,000 16,000 18,000 14,400 14,400 14,400 Boys and Girls Club of Apache Junction 35,000 37,500 37.500 36 800 30,000 30,000 20.000 30.000 15,000 20,000 18,000 20,000 12,800 11,000 13,600 Community Action Human Resources 10000 10,000 8 000 8,000 8,000 8 000 NA NA Agency(CAHRA) 10,000 10,000 8,000 8,000 6,400 8 000 Community Alliance Against Family NA 10,000 NA 15,000 12000 18,000 14500 Abuse(CAAFA) 12,000 0 12,000 9.600 6.700 12,000 East Valley Adult Resources(for 30,000 52,000 48,000 40.000 43,000 40,000 30,000 30,000 Apache Junction Senior Center 21,000 40,000 32,000 30,000 24,000 24,900 24,000 Junior Achievement NA NA NA NA 5 000 5,000 NA NA 0 0 Salvation Army NA 18,000 10000 10.000 NA NA NA NA 0 6,000 0 Superstition Mountain Mental Health 29,000 NA NA 17500 16.000 15,000 20,000 23,000 4,000 12,000 12,800 15,000 16,000 United Food Bank NA NA NA NA 8 000 NA NA NA 0 1 1 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM APACHE JUNCTION REACH OUT, INC. THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION REACH OUT, INC , a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code ("AJCC"), Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2011-2012; and WHEREAS, the Commission has submitted its recommendations to the City Council. and WHEREAS, on August 15, 2011 the City Council passed and adopted the 2011- 2012 Fiscal Year budget, which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on 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 state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program: A. Provide for the emergency needs of City of Apache Junction residents through the provision of emergency food. B Provide emergency food assistance to residents of the City of Apache Junction and only as documented by Services Provider C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator Page 1 of 8 identification, current utility bill, showing an in-city address; current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2012-13 to City on or before January 31, 2012 E File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended, post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds, assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2012-13 Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline The maximum allowable extension will be five (5)working Page 2 of 8 days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H. Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION. In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows A. A total of $20,000 for Fiscal Year 2011-2012 for services identified in Section 1, "Services Provider's Duties"for those services provided under Section 1 , Subsection A; and for utility costs directly related to the operation of the Apache Junction Reach Out Inc. facility located at 575 N. Idaho Road #702, Apache Junction, Arizona. B Compensation shall be in equal quarterly payments of $5,000 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of the City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time E. In accordance with the recommendations of the Health and Human Page 3 of 8 Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2010-11 funding be unable to meet the requirements of AJCC Article 2- 14 or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund 3 TERM. This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above. 5 CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel If to City Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Apache Junction Reach Out, Inc Nick Kuzmich, Board President 575 North Idaho Road, #702 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination Page 4 of 8 9. SUBCONTRACTORS: Services Provider 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 object to for any reason. Services Provider 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 of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS. Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS. Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant 12 UNCONTROLLABLE FORCES City and Services Provider 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 13 INDEMNIFICATION Services Provider 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 Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider 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 Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement 14 WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider 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 Page 5 of 8 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs. 17. OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE. Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20 ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any Page 6 of 8 apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21 . 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 22 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. 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity 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 Services Provider in any way, while engaging in said activity The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written SERVICES PROVIDER APACHE JUNCTION REACH OUT, INC By: Title Board President Page 7 of 8 CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney Page 8 of 8 ALP Page 30 of 42 EXHIBIT A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following A copy of the agency's most recent audit report, a certified copy of the agency's most recent financial statement, detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city, complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city, proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by- laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members, and any other documentation as may be deemed necessary by the city. (B) Reporting requirements Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a wntten report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distnbution of funds (1) AA city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http //www.amlegal.com/nxt/gateway.dll/Anzona/apachejunction_azlchapter2mayorcou. 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL.ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions' (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This article shall not apply to governmental or quasi-governmental jurisdictions, (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council, and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission (Prior Code, Art 2-14) ARTICLE 2-15: INDUSTRIAL http //www amlegal com/nxt/gateway dll/Arizonalapachejunction_az/chapter2mayorcou 11/2/2011 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM BOYS & GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS & GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, a health and human services provider("Services Provider"), for the City's human services program. WHEREAS, pursuant to Apache Junction City Code, ("AJCC")Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2011-2012, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 15, 2011, the City Council passed and adopted the 2011- 2012 Fiscal Year budget,which included funding for health and human services for specific health and human services providers, and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on 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 state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below 1. SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program A. Provide the Project Learn program to city residents as a means of educational enhancement B. Provide such programs and activities to only residents of the City of Apache Junction and only as documented by Services Provider Page 1 of 8 C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction, for use or acceptance of any other form of identification, obtain approval in advance by the City of Apache Junction City Clerk. D Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2012-13 to City on or before January 31 , 2012. E. File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended. Post office box addresses shall not meet the reporting requirements of this section Advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2012-13. Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5)working days Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H Service Provider's failure to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time shall result in the termination of this Agreement I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows A. A total of $8,000 for Fiscal Year 2011-2012 for services identified in Section 1, "Services Provider's Duties". B Compensation shall be in equal quarterly payments of $2,000.00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year Page 3 of 8 2011-12 human services funding be unable to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above 5. CITY'S STANDARD OF PERFORMANCE City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE' While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel' If to City Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Boys & Girls Club of the East Valley Apache Junction Branch 1405 E. Guadalupe Road, Suite 4 Tempe, AZ 85283 8 TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Providers shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. Page 4 of 8 9 SUBCONTRACTORS Services Provider shall, within ten (10) 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 object to for any reason Services Provider 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 of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11 RIGHT OF CITY TO CONTRACT WITH OTHERS Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider 12. UNCONTROLLABLE FORCES. City and Services Provider 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 13. INDEMNIFICATION: Services Provider 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 attorneys' fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider 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 Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement 14. WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider 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. Page 5 of 8 15. INDEPENDENT CONTRACTOR. Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 16. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including. all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City 20 ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, Page 6 of 8 and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 21 SEVERABILITY 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 22 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. 23 POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider. to engage in any partisan political activity 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 Services Provider in any way, while engaging in said activity The functions and activities of Services Provider are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER EAST VALLEY BOYS & GIRLS CLUB - APACHE JUNCTION BRANCH By. Title Chairperson/President Page 7 of 8 By Title Local Board President By. Title Local Branch Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 8 of 8 ALP Page 30 of 42 EXHIBIT A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report, a certified copy of the agency's most recent financial statement, detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions, client service information as it applies to residents of the city, proof of non-profit status as determined by the internal Revenue Service; proof of corporate status to include copies of by- laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (8) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined Ank in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required, procedure for distribution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http-//www amlegal com/nxt/gateway.dillAnzona/apachejunction_az/chapter2mayorcou.. 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year (Ord 669, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request This article shall not apply to governmental or quasi-governmental jurisdictions: (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission (Prior Code, Art. 2-14) ARTICLE 2-15: INDUSTRIAL http.//www amlegal.cominxt/gateway dll/Arizona/apachejunction_az/chapter2mayorcou . 11/2/2011 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM COMMUNITY ALLIANCE AGAINST FAMILY ABUSE THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a health and human services provider ("Services Provider") for the City's human services program WHEREAS, pursuant to Apache Junction City Code ("AJCC"), Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2011-2012, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 15, 2011, the City Council passed and adopted the 2011- 2012 Fiscal Year budget, which included funding for health and human services for specific health and human services providers, and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section I (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on 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 state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below 1. SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program. A Provide intervention services in the amount of$14,500 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services as outlined in the proposal dated January 14, 2011 attached hereto as Exhibit A B Assistance shall be provided to residents of the City of Apache Junction Page 1 of 8 and only as documented by Services Provider C Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address; current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2012-13 to City on or before January 31, 2012. E. File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc.), submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be responsible for submitting accurate reports to the City Clerk, provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City F File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services Page 2 of 8 funding for Fiscal Year 2012-13 Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows. A. A total of $14,500 for Fiscal Year 2011-2012 for services identified in Section 1, "Services Provider's Duties". B Compensation shall be in equal quarterly payments of $3,625 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time Page 3 of 8 E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2011-12 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund 3. TERM This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE. City shall furnish the Services Provider with all data, information and other supporting services as may be required 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 NOTICES• All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City. Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Community Alliance Against Family Abuse P 0 Box 3778 Apache Junction, AZ 85117 8 TERMINATION This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City Page 4 of 8 all work in any state of completion at the date of effective termination 9. SUBCONTRACTORS• Services Provider 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 object to for any reason Services Provider 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 of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS. Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12 UNCONTROLLABLE FORCES City and Services Provider 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. 13 INDEMNIFICATION Services Provider 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 Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider 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 Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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 Page 5 of 8 be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect 15 INDEPENDENT CONTRACTOR Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider 16 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 Final 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 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE• Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Page 6 of 8 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. 21. 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 22 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. 23. POLITICAL ACTIVITIES As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity 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 Services Provider in any way, while engaging in said activity The functions and activities of Services Provider are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By Title: Chairperson/Board President Page 7 of 8 By Title: Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney Page 8 of 8 4\\., CAAFA ommutlity Alliance EXHIBIT A Against Family Abuse Empowering individuals, families and communities affected by domestic abuse. January 21,2011 Ms. Kathleen Connelly, City Clerk Auk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Dear Ms. Connelly, The Community Alliance Against Family Abuse(CAAFA) is grateful for the opportunity to submit a request for human service funding for Fiscal Year 2011-2012. CAAFA has been supporting victims of domestic abuse in Apache Junction since 1998. CAAFA's mission is to create communities free of domestic abuse; CAAFA does this by empowering individuals and families affected by domestic abuse. Defining the Problem Domestic abuse is a critical issue facing our community today. Nationally, one in three women will become a victim of abuse in her lifetime and domestic abuse is the leading cause of injury for women ages 15-44. According to 2010 statistics from the Apache Junction Police Department, Service Calls calls for assistance from victims of domestic violence increased 25% over Reports I 2010 the previous year. The number of police reports taken also increased by 16. 19% and the number of domestic DV Arrests ■2009 violence arrests saw an astounding increase of 28% (see graph). These 0 100 200 300 total numbers are increasing as the population of Apache Junction increases. Domestic abuse has a large impact in Arizona. Last year alone roughly 120 Arizonans were killed due to domestic violence. It is imperative that we reach community members with non-violence education, support, and information about available domestic abuse services and resources in our community. CAAFA addresses domestic abuse using four approaches — prevention, intervention, community collaboration,and perpetrator accountability. P.O.Box 3778•Apache Junction,AZ 85117•www.caafaaz.org (480)982-0205 •Fax(480)982-0258.24-Hour Crisis Line(480)982-0196.Toll Free 1-877-982-0196 Intended Use of Funds CAAFA would like to request a total funding amount of$14,500 dollars to be reimbursed on a unit cost basis for the intervention programs CAAFA offers as outlined below. Historically, approximately 32%-45% of CAAFA's program participants are residents of the City of Apache Junction, the percent depending on the type of service requested. All of CAAFA's services are offered to the community free of charge CAAFA would like to be able to use the funds interchangeable determined by the service requested by City of Apache Junctions residents A unit cost reimbursement plan was chosen because CAAFA understands that we can receive funding only for services offered to residents of Apache Junction. A unit cost reimbursement will facilitate obtaining, maintaining, and reporting the proper residency requirements as outlined by Ordinance No.659 by providing client 4, address, and residency verification in the form of a copy of driver's license, utility bill, lease, voter registration card,or Arizona To card kept on file at CAAFA office intervention Under the intervention portion of CAAFA's services, services offered to families affected by domestic abuse include a toll free crisis line, domestic abuse empowerment groups, one-on-one empowerment, shelter services in our 16 bed safe home, general advocacy, legal advocacy, information and referral, case management, and domestic violence/healthy relationship education. This proposal includes, 1) Empowerment Sessions CAAFA's nationally certified counselor assists Apache Junction residents by meeting one-on-one to explore the dynamics of domestic abuse, safety planning, healthy coping mechanisms, healthy relationships, self-esteem, healing from trauma, and crisis intervention On average, 31 empowerment sessions are provided per month with approximately 32%of the women being served residing in the City of Apache Junction, Also, 20% of the women attending live in county islands or Just outside the city limits with the remainder coming from surrounding communities The cost of one unit of time with CAAFA's nationally certified counselor is $45/unit session Estimated request $6,500. 2) Legal Advocacy Services CAAFA's Legal Advocate focuses on providing valuable information and resources in order to empower the program participant to navigate the legal system. The primary job of the Legal Advocate is to act as a mediator between the client and the legal system. Legal Advocate services help women become self sufficient and lead violence free lives. The Legal Advocates also assists in filing orders of protection and form completion, court accompaniment, safety planning, and information and referral Legal Advocates are not attorneys and cannot give legal advice, however Advocates are able to provide information and explain options and rights within all aspect of the legal system. Some program participants request assistance only once, others may need numerous appointments, depending on the situation. In the coming months CAAFA Legal Advocate will have office hours at the new "Center". This past year CAFFA's Legal Advocate assisted 23 residents for a total of 69 units (typically 2-5 hours/person) of services CAAFA would like to propose $35/service unit. Estimated request$1,645. 3) General Advocacy Services CAAFA's Victim Advocates are trained to assist victims affected by domestic Am` abuse by identifying and addressing their needs Advocates work with individuals and families to set goals that create a self-sufficient life, free of abuse. One-on- one appointments include assessing the client's situation, providing information, creating a safety plan, obtaining a safe place to live, assistance with applying for emergence financial assistance and additional DES services such as food stamps, cash assistance TANF, childcare, AHCCCS, or unemployment. Victim Advocates also provide or assist with access to employment counseling, parenting classes, life skills, financial education, personal hygiene items, clothing, and/or household supplies CAAFA Victim Advocates also assist the Apache Junction Police Department and Apache Junction Victim Services via the telephone when called upon to provide emergency shelter or referrals to other shelters This past year CAFFA's Victim Advocates assisted 59 residents (and 63 children) for a total of 148 units of services CAAFA would like to propose $35/service unit (typically 1-3 hours/person)fora total of$5,180. Total proposal request$14,500. Goals and Outcomes include Goal 1• Provide program participants with information and materials about community resources during 1-on-1 sessions Outcome 1 75%of program participants will have increase knowledge of available community resources by 6/30/11 based on survey results Goal 2: Assist program participants in creating and implementing safety plans that address their specific needs. Outcome 2. 75%of program participants will have an increased knowledge of safety planning and safety plan implementation by 6/30/11 based on safety plans Goal 3 Offer program participants resources and support that empowers them to lead abuse free lives. Outcome 3. 75%of program participants will have increased feelings of regaining control of their lives and feeling believed and not alone by 6/30/11 based on survey results. In order to qualify for consideration, for city funding, I have included the following required documents, ® Most recent audit report for the year ended June 30, 2009 O Most recent financial statement 0 Detailed expenditure statement 0 List of funding received from all sources O Client service information O Internal Revenue Service non-profit letter O Proof of corporate status including by-laws and articles of incorporation O Funding received from other governmental agencies 0 Names and addresses of current agency governing board members O Line item agency budget 0 List of pending applications for funding and dollar amount I would like to thank both you and the Health & Human Services Commission for providing CAAFA the opportunity to apply for funding and your support. Please feel free to contact me by phone at (480)982-0205 or by e-mail at CourtneyK@caafaaz.org if you have any questions or require additional information. Sincerely, izeen Courtney Klei reil, MC, LISAC, LAC Executive Director ALP Page 30 of 42 EXHIBIT B ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following. A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city, complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service, proof of corporate status to include copies of by- laws and articles of incorporation, the source and amount of funding received from other governmental agencies; the names and addresses of current board members, and any other documentation as may be deemed necessary by the city (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city. on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined Oft, in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distnbution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) AU city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http 1/www amlegal.com/nxt/gateway.dll/Anzona/apachejunction_az/chapter2mayorcou.. 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request This article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget, (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council, and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission (Prior Code, Art. 2-14) ARTICLE 2-15: INDUSTRIAL http.//www.amlegal com/nxt/gateway.dll/Anzona/apachejunction_azlchapter2mayorcou... 11/2/2011 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM EAST VALLEY ADULT RESOURCES THIS AGREEMENT is made and entered into this day of , 2011, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, a health and human services provider ("Services Provider") for the City's human services program WHEREAS, pursuant to Apache Junction City Code ("AJCC"), Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2011-2012, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 15, 2011, the City Council passed and adopted the 2011- 2012 Fiscal Year budget, which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on the 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 state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program A Provide services for City of Apache Junction senior citizen residents to include congregate meals at the Apache Junction Senior Center and home-delivered meals for those senior citizen residents confined at home or who are physically disabled Page 1 of 9 B Provide congregate or home-delivered meals to senior citizen residents of the City of Apache Junction and only as documented by Services Provider C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction, for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2012-13 to City on or before January 31, 2012. E. File with the City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or prepared word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds, assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk Provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2- Page 2 of 9 14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2012-13. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement G Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows A A total of $25,000 for Fiscal Year 2011-2012 for services identified in Section 1 , "Services Provider's Duties" for congregate meals at the Apache Junction Senior Center and for home-delivered meals all as provided under Section 1, Subsections A and B. B. Compensation shall be in equal quarterly payments of $6,250 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency Page 3 of 9 director and the president or vice president of the Services Provider's Board of Directors Early release of funding shall be at the discretion of City and subject to Service Provider's compliance with the terms and conditions as set forth in this agreement D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite -' period of time E In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2011-12 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 NOTICES. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: Page 4 of 9 If to City Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider East Valley Adult Resources, Inc. 45 W. University Drive, Suite A Mesa, AZ 85201-5831 8 TERMINATION This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9 SUBCONTRACTORS Services Provider 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 object to for any reason Services Provider 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 of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11 RIGHT OF CITY TO CONTRACT WITH OTHERS Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant 12 UNCONTROLLABLE FORCES City and Services Provider 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. Page 5 of 9 13 INDEMNIFICATION Services Provider 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 Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider 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 Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement. 14 WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider 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. 15 INDEPENDENT CONTRACTOR. Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider 16 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. 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. Page 6 of 9 18 LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19. NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20 ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 21 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. 22. 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. 23 POLITICAL ACTIVITIES As a community service-based organization, Services Provider is a non-political organization Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity 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 Page 7 of 9 activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER EAST VALLEY ADULT RESOURCES, INC. By Title Chairperson/President By: Title. Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM Page 8 of 9 RICHARD J. STERN City Attorney Page 9 of 9 .r. ALP Page 30 of 42 EXHIBIT A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following A copy of the agency's most recent audit report, a certified copy of the agency's most recent financial statement, detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city, complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city, proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by- laws and articles of incorporation; the source and amount of funding received from other governmental agencies, the names and addresses of current board members, and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http//www.amlegal com/nxt/gateway dll/Anzona/apachejunction_az/chapter2mayorcou 11/2/2011 - - .�. ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request This article shall not apply to governmental or quasi-governmental jurisdictions, (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) ARTICLE 2-15: INDUSTRIAL http://www.amlegal.com/nxt/gateway.dll/Anzonalapachejunctron_az/chapter2mayorcou 11/2/2011 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM MOUNTAIN HEALTH AND WELLNESS THIS AGREEMENT is made and entered into this day of , 2011 , by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and MOUNTAIN HEALTH AND WELLNESS, a health and human services provider ("Services Provider" ) for the City's human services program WHEREAS, pursuant to Apache Junction City Code ("AJCC")Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the city may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2011-2012, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 15, 2011 , the City Council passed and adopted the 2010- 2011 Fiscal Year budget which included funding for health and human services for specific health and human services providers; and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (CC)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on 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 state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1 SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program A. Provide for mental health services for city residents by meeting the needs of clients in the area of client-related medication. B. Provide for psychiatric services for city residents through psychiatric evaluation and medication monitoring Page 1 of 8 C. Provide these mental health services to residents of the City of Apache Junction and only as documented by Services Provider D. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address, current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification, obtain approval in advance from the City of Apache Junction City Clerk E. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2012-13 to City on or before January 31, 2012. F File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended. Post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or word processor quality report, maintain a separate list of city residents assisted by the program with their current names and addresses, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds, assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted The City Clerk will prescribe the format in which such reports shall be prepared and submitted Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of AJCC Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City G. File the quarterly report and required documentation by the deadline set forth in Section F or risk disqualification of health and human services Page 2 of 8 funding for Fiscal Year 2012-13. Any extensions or exceptions to the filing deadline must be granted by the City Clerk Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5)working days Failure to file the quarterly report and required documentation by the deadlines set forth in Section F above shall result in the immediate termination of this agreement. H. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this contract. I. Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement J Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows A. A total of $12,500 for Fiscal Year 2011-2012 for services identified in Section 1, "Services Provider's Duties" B. Compensation shall be in equal quarterly payments of $3,125.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement C. Early release of program funding may be requested on a quarter-to- quarter basis Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. Page 3 of 8 E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2011-12 human services funding be unable to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3 TERM This Agreement shall be effective beginning July 1, 2011 through June 30, 2012, and shall remain in full force and effect for one fiscal year 4. SERVICES PROVIDER BILLING Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE. City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best Judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement 7 NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City. Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 If to Services Provider Mountain Health and Wellness PO Box 3160 Apache Junction, AZ 85117-3160 8. TERMINATION This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination Page 4 of 8 9. SUBCONTRACTORS. Services Provider 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 object to for any reason. Services Provider 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 of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 11 RIGHT OF CITY TO CONTRACT WITH OTHERS. Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant 12 UNCONTROLLABLE FORCES City and Services Provider 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. 13 INDEMNIFICATION Services Provider 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 Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider 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 Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider 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 Page 5 of 8 shall remain in full force and effect 15. INDEPENDENT CONTRACTOR Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider 16. 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. 17. OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18 LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Page 6 of 8 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. 21 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 22 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 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity 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 Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER MOUNTAIN HEALTH AND WELLNESS By. Title Chairperson/President Page 7 of 8 By Title Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney Page 8 of 8 ALP Page 30 of 42 EXHIBIT A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following• A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city, proof of non-profit status as determined by the Internal Revenue Service, proof of corporate status to include copies of by- laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required, procedure for distribution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http//www amlegal.com/nxt/gateway.dll/Arizona/apachejunction_az/chapter2mayorcou 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city, (D) Submittal of requests for funding All funding requests AN. submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord 659, passed 11-3-1998) '§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office The registration shall be current and documentation of such status and registration shall be provided at the time of the request This article shall not apply to governmental or quasi-governmental jurisdictions, (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget, Auk (C) All requests received in accordance with division (B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 'ARTICLE 2-15: INDUSTRIAL http //www amlegal com/nxt/gateway dll/Arizonalapachejunction_az/chapter2mayorcou 11/2/2011 ROLL CALL VOTE NOTES: dit„, wee ITEM # MEETING OF MOTION BY: 2)1C,I1 SECONDED BY: 011 jYES NO ABSTAINED COUNCILMEMBER SERDY V VICE MAYOR DIETZ V COUNCILMEMBER SMITHSON ✓, COUNCILMEMBER WILSON COUNCILMEMBER COLEMAN Vt COUNCILMEMBER BARKER ✓ MAYOR INSALACO UNANIMpUS IN FAVOR OPPOSED ABSTAINED TOTAL V CONSENT AGENDA ITEMS NO. 1- I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2011-2012 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $20,000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $8,000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14,500; EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $25,000, AND MOUNTAIN HEALTH AND WELLNESS IN THE AMOUNT OF $12,500, FOR A TOTAL AMOUNT OF $80,000, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS Fa Cty of Apache Junion Home of the Superstition Mountains 1iotzoot. M Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: November 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION OF A CHECK TO MAYOR INSALACO FOR THE FUTURE DEVELOPMENT OF A DOG PARK AT SILLY MOUNTAIN REGIONAL PARK ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION: Marta Saint-James, President of Gold Canyon Dog Owners Group ("DOG") will present a check for$4,104 00 to Mayor Insalaco, Theresa Nesser (Chair, Parks Commission) and Lucy J. Young (President, Friends of Apache Junction) The funds are designated for the future construction of a dog park at Silly Mountain Regional Park.The funds will be held by the Friends of Apache Junction The funds were donated by members of Gold Canyon DOG, and residents of Gold Canyon and Apache Junction The organization promotes responsible dog ownership and provides a myriad of information about dog related issues A photographer will be on hand to take pictures of the presentation Gold Canyon DOG will further be represented by Francine Schut (Vice President), Walter Girton (Treasurer), Darlene Girton (Board Member) and Sherry Rosner(Board Member). FISCAL IMPACT- Budgetary Approval Not Required OPTIONS/ALTERNATIVES. RECOMMENDATION: Staff respectfully recommends that Mayor Insalaco accept the donation from the organization. ATTACHMENTS: Click to download No Attachments Available w Q CiO of A. ache Junction U Home of the Superstition Mountains ..... 4 P/ZflNcw Print TO: City Manager's Office FROM. George Hoffman, City Manager DATE: November 15, 2011 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 r^ac>i czo of Apache Junction oz Nofire of the Superstition Mountains 4Przol Print TO• City Manager's Office FROM• Heather Patel, Program Coordinator DATE: November 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NUMBERS 11-50, 11-51, AND 11-52 REGARDING THE SUBMISSION OF A FISCAL YEAR 2012 STATE HOUSING FUND GRANT APPLICATION. ACTION REQUESTED. Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The Arizona Department of Housing has announced the next cycle of funding for owner occupied housing rehabilitation programs Completed applications are due on January 13, 2012. If approved by Council, Apache Junction will request $330,000 in owner occupied housing rehabilitation funds to complete the rehabilitation of six owner- occupied residential properties. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: Statutory Requirement RECOMMENDATION: Staff respectfully requests that the City Council review and discuss Resolution No. 11-50 (Authority to Submit), Resolution No. 11-51 (Adoption of Housing Rehabilitation Guidelines), and Resolution No 11-52 (Commitment of Local Funds) ATTACHMENTS: Click to download ❑ Staff Report 13 Resolution 11-50 ❑ Resolution 11-51 ❑ HRGs 13 Resolution 11-52 �p P Ea O Z� Cti CityofA ache Junction Development Services Department MEMORANDUM DATE. November 3,2011 TO. The Honorable Mayor and City Council THROUGH- George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Presentation and Discussion on Proposed Resolution Numbers 11-50, 11- 51, and 11-52 regarding the submission of a Fiscal Year 2012 State Housing Fund Grant Application REQUEST Staff respectfully requests that the City Council review and discuss. 1) Resolution No 11-50 (Authority to Submit), 2) Resolution No. 11-51 (Adoption of Housing Rehabilitation Guidelines), and 3) Resolution No. 11-52 (Commitment of Local Funds). The resolutions are mandatory components of the City's proposed Fiscal Year 2012 State Housing Fund ("SHF") grant application BACKGROUND Since 1985, the City of Apache Junction has utilized a variety of funding sources to offer a Housing Rehabilitation Program ("HRP") for local home owners. The City began using SHF funds in 1996. Since 1985, the City has invested over$3 3 million in grant funds to address housing rehabilitation needs for over 200 owner occupied homeowners DISCUSSION The Arizona Department of Housing("ADOH") has announced the next cycle of funding for owner occupied housing rehabilitation programs Completed applications are due on January 13, 2012 If approved by Council, Apache Junction will request $330,000 in owner occupied housing rehabilitation funds to complete the rehabilitation of six owner-occupied residential properties. AM lir As part of the City's application, resolutions are mandated by ADOH The attached resolutions meet the requirements of the SHF guidelines The required resolutions are 1) authorizing the submission of an application; 2) adopting the community's Housing Rehabilitation Guidelines; and 3) committing local funds as leverage to the project. NM k Resolution No 11-50 authorizes the submission of a grant application. Resolution No. 11-51 reflects changes to the City's Housing Rehabilitation Guidelines These changes have been updated to reflect changes required by the Arizona Department of Housing and how the City's program has developed over the years Below is a brief description of those proposed changes, excluding minor grammatical and clarification changes The changes may be found highlighted in red within the guidelines 1) Required documentation for eligibility determination was identified through links and application 2) As required by State Law, the following clause was inserted...A.R.S. 1-501 and 1-502 requires that all homeowners who receive services under the program shall provide proof of lawful presence in the United States including a sworn affidavit that the required documentation is true under penalty of perjury. 3) A clause was inserted encouraging contractors to buy locally whenever possible 4) Restrictions were placed on the emergency rehabilitation program stating that homeowners may seek further services five years after they originally received services, unless the services received were to enable the homeowner to stay in their home while awaiting services under the rehabilitation program Additionally, no single owner of a home may receive more than two emergency assistance grants 5) The City added a recapture period of 30 years if there was an investment of over $75,000 into a home. This would typically only be a replacement project. 6) A clause was insert that states the city encourages minority contractor participation in all projects to include Disadvantaged Business Enterprises e g Small Business Enterprises, Minority-owned Business Enterprises, and Women-owned Business Enterprises. 7) A clause was inserted that places a cap on the amount of change orders submitted by the contractor Resolution No 11-52 reflects leverage funds allocated to the Fiscal Year 2012 SHF application The State requires leverage funds in the form of cash or in-kind services in order to rank and rate each application for funding. The City will provide $4,620 as leverage to the project, of which $3,000 will be in-kind leverage through staff time to complete the project 2 ..•. ..... During the December 6, 2011 Council Meeting, staff will seek Council's review and approval of Resolution Numbers 11-50, 11-51, and 11-52 RECOMMENDATION Staff respectfully recommends that the City Council review and discuss the proposed Resolution Numbers 11-50, 11-51, and 11-52. ACTIONS REQUIRED Review and discussion Attachment 1. Resolution No 11-50 Attachment 2. Resolution No 11-51 Attachment 3 Housing Rehabilitation Guidelines including proposed revisions Attachment 4• Resolution No 11-52 3 RESOLUTION No 11-50 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF AN APPLICATION (S) FOR STATE HOUSING FUNDS, WHICH MAY INCLUDE FEDERAL FUNDING THROUGH THE HOME INVESTMENT PARTNERSHIP Adak PROGRAM OR STATE HOUSING FUNDS, CERTIFYING THAT SAID APPLICATION (S) MEET THE COMMUNITY' S HOUSING AND COMMUNITY DEVELOPMENT NEEDS AND THE REQUIREMENTS OF THE STATE HOUSING PROGRAMS, AND AUTHORIZING ACTIONS NECESSARY TO IMPLEMENT AND COMPLETE THE ACTIVITIES OUTLINED IN SAID APPLICATION (S) WHEREAS, the City of Apache Junction is desirous of undertaking affordable housing development activities; and WHEREAS, the State of Arizona is administering the State Housing Fund Program; and WHEREAS, the State Housing Fund requires that State Housing Funds benefit low income households; and WHEREAS, the activity in the application addresses the community' s low-income population housing needs; and WHEREAS, a recipient of State Housing Funds is required to comply with the program guidelines, State and Federal Statutes and regulations . NOW, THEREFORE, BE IT RESOLVED THAT BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1) The Mayor and City Council of the City of Apache Junction authorize applications to be made to the State of Arizona for funding from the State Housing Fund; 2) Mayor John S. Insalaco is authorized to sign applications and contracts or grant documents for receipt and use of these funds; 3) Mayor John S. Insalaco is authorized to take all actions necessary to implement and complete the activities submitted in said applications; and 4) The Mayor and City Council of the City of Apache Junction will comply with all State Housing Fund Program Guidelines, RESOLUTION NO. 11-50 PAGE 1 OF 2 State and Federal Statutes and regulations applicable to the State Housing Fund Program (HOME program and/or State Housing Trust Fund) and the certifications contained in the (these) application (s) . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF 2011 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-50 PAGE 2 OF 2 Aar RESOLUTION NO. 11-51 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. WHEREAS, the City of Apache Junction, Arizona, is desirous of undertaking an owner-occupied housing rehabilitation program, and WHEREAS, this program is anticipated to be funded with funds provided by the State of Arizona Department of Housing ("ADOH") ; and WHEREAS, ADOH requires that every local government requesting funds for housing rehabilitation adopt specific guidelines for such a program; and WHEREAS, the City of Apache Junction has developed such owner-occupied Housing Rehabilitation Guidelines ("HRGs") dated February 1994, as amended, which have been previously approved by ADOH NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. 1) The City Council of the City of Apache Junction, son ikk Arizona, hereby adopts such owner-occupied HRGs, dated February 1994, as amended in Attachment A, which shall be used to implement its housing rehabilitation program, and 2) The City of Apache Junction, Arizona, shall utilize such owner-occupied HRGs, without revisions, except those authorized by the Mayor. Such revisions shall be submitted to ADOH by the City 10 working days before such amended guidelines are effectuated RESOLUTION NO 11-51 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 11-51 PAGE 2 OF 2 0111101kPQACyE /,L� CITY OF APACHE JUNCTION, ARIZONA HOUSING REHABILITATION PROGRAM GUIDELINES As Adopted by the City Council on February 1, 1994 Modified by the City Council on January 17, 1995 Addendum by the City Council on March 21, 1995 Modified by the City Council on June 20, 1995 Modified by the City Council on March 7, 2000 Modified by the City Council on May 15, 2001 Modified by the City Council on February 5, 2002 Modified by the City Council on January 16, 2007 Modified by the City Council on June 5, 2007 Modified by the City Council on November 18, 2008 Modified by the City Council on December 15, 2009 Modified by the City Council on December 6, 2011 The City Council of the City of Apache Junction adopts the following Housing Rehabilitation Guidelines to assist the City in administering the City's Housing Rehabilitation Program This program is intended to provide safe and decent housing to City of Apache Junction residents by offering funding options to assist homeowners with the rehabilitation or modification of their home. PROGRAM PURPOSE (GOALS) 1. Eliminate health and safety hazards in homes 2. Benefit very low-, low- and moderate-income residents 3 Improve neighborhoods and encourage stability. Cily of Apache junction Housing Rehabilitation Program Guidelines page 1 of 20 TABLE OF CONTENTS Program Purpose and Goals 1 Program Design 3 Target Area 3 Eligibility Requirements 3 Property Standards 5 Allowable Work Items 5 Non-allowable Work Items 7 Rehabilitation Assistance Plans 7 Emergency Housing Repair 7 Housing Accessibility 7 Housing Rehabilitation 8 Permit Fee Fund 8 Replacement 9 Deferred Payment Loans/Liens 9 Exceptions to the Maximum Allowed 9 Loan Closing and Lien Recording Procedures 10 Recapture Period 10 Loan Servicing Policy/Subordination 10 Revolving Loan Fund/Program Income 11 Application Procedures and Acceptance 11 Third Party Income Verification 11 Work Write-up, Estimates and Specifications 12 Method for Determining After Rehab Value 12 Bidding Procedures 13 Pre-Bid Meeting 13 Pre-Construction Conference 13 Change Orders 13 Inspections and Monitoring of Construction 13 Acceptance of Work Completed, Grievances and Quality Assurance 14 Payment and Warranties 14 Housing Maintenance and Homeowner Education 14 Energy Efficiency Guidelines 15 Lead Based Paint Requirements 15 Conflict of Interest 16 Complaint and Grievance Procedures 16 Marketing 17 Staffing and Administrative Review 17 Non-Discrimination 18 Assistance to Applicants 18 Fair Labor Standards 18 Applicable Documents 18 Changes to Program Guidelines 19 Forms 19 City of Apache Junction Housing Rehabilitation Program Guidelines. page 2 of 20 PROGRAM DESIGN The main focus of the Housing Rehabilitation Program (hereinafter "HRP") is to increase the life and improve the livability of homes owned by very low-, low- and moderate-income families, by correcting code violations and addressing accumulated deferred home maintenance projects Funds for the program are primarily provided through the. 1) Community Development Block Grant Program ("CDBG") and 2) State Housing Fund ("SHF") including HOME and State Housing Trust Funds as administered by the Arizona Department of Housing ("ADOH") Owner-occupied housing rehabilitation ("OOHR") assistance to homeowners in the SHF funded portion of the City's HRP may be in the form of deferred payment loans, non-interest bearing loans, or interest bearing loans OOHR assistance to homeowners in the CDBG funded portion of the City's HRP may be in the form of: grants or deferred payment loans. Unless specifically stated to the contrary, comments contained in these guidelines are applicable to both the CDBG and SHF funded portions of the City's HRP. TARGET AREA The program will be open to all full-time permanent residents who live within the incorporated boundaries of the City of Apache Junction, excluding those who live in designated ineligible areas or structures as outlined in the eligibility requirements below CDBG funds may only be used in the Pinal County portion of the City ELIGIBILITY REQUIREMENTS To be eligible, the applicant and/or the property to be rehabilitated must meet the following criteria: • Located within the incorporated boundaries of the City of Apache Junction • Feasible for rehabilitation under the time and monetary constraints of this program. • Owned and occupied by a full-time permanent resident. • Applicants must have a verifiable income that falls below 80% of the area median income as indicated by The US Department of Housing and Urban Development and the State of Arizona — State Housing Fund Program income limits for very low-, low- and moderate-income families (see income guidelines, updated annually). Income verification is valid for a period of six City of Apache Junction Housing Rehabilitation Program Guidelines Lads 3 of 20 (6) months. Upon expiration of income verification information, applicants must complete and submit a new income verification package Income must be anticipated and verifiable for the next 12 months Required documentation of income can be found on the Housing Rehabilitation Application • For all programs, specifically the SHF Program, the property owner cannot have assets that total more than $25,000 (e.g. cash, stocks, bonds, money market accounts, IRA, etc.) This is exclusive of the home they live in, two vehicles, and personal property necessary for daily living. • Provide proof of homeowner's insurance • For the purposes of eligibility, self help or "sweat" equity are not allowable forms of equity • The current owner must have occupied the structure for at least one (1) year prior to program entry • Households applying for funding must meet one of the following criteria 1) be elderly (62 years of age or older), 2) have a disability (a legally recognized physical/mental/emotional condition that limits the performance of daily living skills); or 3) have minor child (ren) age 17 and under related to head of household residing in the residence. • A R.S. 1-501 and 1-502 requires that all homeowners who receive services under the program shall provide proof of lawful presence in the United States including a sworn affidavit that the required documentation is true under penalty of perjury • Owner is to complete any recent construction project underway prior to the City's approval of rehabilitation assistance • Manufactured and mobile homes are deemed eligible contingent upon 1) applicant(s) having owned and occupied both property and dwelling for one (1) year prior to program entry, and 2) the home being permanently attached to a foundation, either as a pre-existing condition or as a work element of the Rehabilitation Program. • Properties in non-conforming zoning, properties located within 1,000 feet of an explosive/flammable operation, properties with open, unresolved building or code compliance cases and homeowners unwilling to follow the City of Apache Junction Program Guidelines, are not eligible for general rehabilitation under this program • Homes of historical value may only be eligible upon favorable review by the State Historic Preservation Office. City of Apache Junction Housing Rehabilitation Program Guidelines, page 4 of 20 • Manufactured homes that were built before June 1976 are not eligible to receive housing rehabilitation funding, however they would be eligible for emergency and housing accessibility assistance • The rehabilitation of dwellings that are located in the 100-year floodplain are not eligible for participation in the rehabilitation program • Properties that are classified "non-conforming" are not generally eligible for rehabilitation. However, if the proposed rehabilitation is non-structural and there are no properties waiting to be rehabilitated, nonconforming properties that meet all other eligibility criteria may be considered • Properties with an open building or code case are generally not eligible for rehabilitation However if the case is relating to a correctable building condition that HRP funds can correct under the requirements of the program, then the unit will be deemed eligible • Properties rehabilitated through this program must be free of any encumbrances such as liens or judgments. Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage company holds that mortgage, however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position. Properties encumbered by mortgages held by individuals or partnerships are not eligible for this program Mortgage payments and insurance premiums must all be current. PROPERTY STANDARDS The property standards that must be achieved as a result of assisted rehabilitation are established by the City's Building Codes, the Federal Housing Quality Standards and the Arizona Department of Housing's Housing Rehabilitation Standards. ALLOWABLE WORK ITEMS HOME guidelines require that an entire dwelling be brought up to local code, such improvements are eligible under this program. A preliminary property inspection is completed to assist with ensuring homes meet Housing Quality Standards ("HQS") and are safe, sanitary and decent The following must be taken into consideration when determining the priority of items for inclusion in the work-write up (Scope of Work). a) The age and the physical condition of the building; b) The goal of the program (building revitalization or direct benefit), City of Apache Junction Housing Rehabilitation Program Guidelines, 5 of 20 c) Funds available for rehabilitation of each unit, and d) Value of unit after rehabilitation. The following levels are utilized to determine priorities for the HRP • Level 1 : Initial inspection reports must include those items that are included in Level 1. • Level 2 Items included on Level 2 are also considered critical but not as critical as those items in Level 1 Other items are considered less critical and should always be inspected but may not be rehabilitated. • Level 3 The items on List 3 should be reviewed, and where feasible, corrected. These items must also be included whenever substantial rehabilitation is taking place. • Items from all levels must be included in the preliminary inspection report for all construction projects and those where the cost of rehabilitation exceeds 75% of the value of the property. Level 1 Items that must be included in the inspection report and must be repaired or replaced 1. Lead Based Paint Assessment (only on properties built prior to 1978) 2. Hazardous Materials 3 Health and Safety Hazards 4 Stable and Weather Tight Roof 5. Electrical System — the unit must have a minimum 100-amp electrical service, with no unsafe conditions 6. Plumbing (including hot water) — Must be in good working order and be safe and sanitary 7 Heating and Cooling Systems — must be adequate and safe with a reasonable (three year) useful life 8 Egress in accordance with local health and safety codes 9. Trip Hazard (HQS Standard). Level 2 Items that must be included in the inspection report and should be repaired or replaced 1 Structural soundness and integrity (including rotted or deteriorating materials and those impacted by termites and/or other wood-boring insects). 2. Siting of the structure and its relationship to water penetration that may impact structural integrity. City of Apache Junction Housing Rehabilitation Program Guidelines. 6 of 20 3 Appropriate kitchen facilities including a sink and means of cooling and heating food to healthful standards 4 If the structure has an attached garage, appropriately-rated fire wall between garage and living areas. The above mentioned items are first priority items that shall be included in every inspection report. These items shall also be included in the Work Write-Ups (funds permitting) and shall receive priority in work to be completed as part of the rehabilitation project Repair or replacement may take place based on the amount of available resources Level 3 Items that must be included in the inspection report and may be repaired or replaced. 1 Debris that may be a fire hazard 2 All existing exposed surfaces painted or sealed and not presenting a health or safety hazard 3. Cabinetry 4. Finished flooring 5. Repair and replacement of doors and windows not presenting a health or safety hazard. The above mentioned items shall be included in every inspection report and may be included in the Work Write-Up (funds permitting) These items generally result from deferred maintenance and are considered general improvements. The City wishes to encourage contractors to buy locally whenever possible NON ALLOWABLE WORK ITEMS None of the program funds shall be used for temporary/long term relocation of applicants during periods of home rehabilitation/repair. REHABILITATION ASSISTANCE PLANS 1. EMERGENCY HOUSING REPAIR PLAN A grant plan that assists homeowners in the elimination of an imminent threat to life, safety or health; the necessary repairs may include, but shall not be limited to. roofs, floor repairs, window/door replacements, and wall and ceiling repairs. The minimum assistance is $1,000 and the maximum assistance is $15,000 per recipient The grant may address no more than two (2) emergency conditions, unless approved by the Development Services Director, or his/her designee, due to some extenuating circumstances A structure may be eligible for an Emergency Grant even though it may not meet structural integrity requirements After a City of Apache Junction Housing Rehabilitation Program Guidelines, Pape 7 of 20 recipient has received services through the Emergency Housing Repair program they may not be eligible to receive additional services until five years after the completion of the project unless the emergency services enable the homeowner to remain in their home until the home can be rehabilitated under the City's Housing Rehabilitation Plan or replaced under the City's Replacement Plan. Additionally, no single owner of a home may receive more than two emergency assistance grants. 2. HOUSING ACCESSIBLITY PLAN A grant/deferred payment loan plan that assists homeowners to make residences physically accessible Assistance can be either structural changes or purchase of durable medical equipment (if it becomes a permanent part of structure) and may include ramps, grab bars, handrails, raised toilets, lowered light switches, automatic door openers, visual alarms, transfer shower benches, and hand held showers. Grants are limited to $ 2,500 per recipient. This program is offered through the City's partnership with Community Action Human Resources Agency (CAHRA) or may be a component of another rehabilitation plan. 3. HOUSING REHABILITATION PLAN A grant/deferred payment loan plan that assists homeowners to address safe, sanitary, and decent housing rehabilitation issues Rehabilitation projects may either be major or minor. Grants and DPLs are limited to a minimum of $1,000 and a maximum as required by the grant from which the funds will be expended, this amount may change each funding year. Mobile/manufactured homes and conventional, site-built homes have different maximum investments HOME funds can not be utilized in the form of a grant In the HOME Program, weatherization, emergency repairs, or accessibility projects may be undertaken only if the property is brought up to the State's rehabilitation standards upon completion. When a recipient receives a deferred payment loan through HOME funds, no further investment of CDBG or HOME funds can be made on the home until after the recapture period has expired However, should the recipient receive any housing rehabilitation services in the form of a grant, they may not be eligible to receive additional services until five years after the completion of the project. 4. PERMIT FEE FUND In 2003, the City of Apache Junction created a revenue fund (004-04420-422-225) in order to track and collect permit fees that have been paid for by contractors that are participating in the City's Housing Rehabilitation Program. The fees that were collected were to be used to supplement and support the activities of the City's Housing Rehabilitation Program These fees are collected in accordance with the City of Apache Junction City Code, Volume I, Chapter 7, Article 4-4 Sections A through I City of Apache Junction Housing Rehabilitation Program Guidelines. page 8 of 20 All relevant fees shall be due payable by the contractor prior to the start of construction on any City of Apache Junction housing rehabilitation project. These fees will be tracked by the Housing Rehabilitation Program Coordinator ("Coordinator") and reported to the Finance Director for deposit into the appropriate revenue account. This account will be tracked to ensure accurate balance and expenditures. Eligible expenses to be withdrawn from this account shall be minor repair items that are eligible under the City of Apache Junction's Housing Rehabilitation Program and the adopted Housing Rehabilitation Guidelines Recipients of these funds, however, must be homeowners that are not eligible under the same guidelines or available funding programs These repairs must be determined an emergency by the Program Coordinator. Further, the Coordinator must have found that there is no other funding or community assistance can be located for the homeowner. Eligible homeowners must be either elderly (over the age of 62), disabled, or have children under the age of 18 occupying the home and the total household income must not exceed 80% of the area median income. When an expense is determined to be eligible to be charged to this account, the Coordinator will submit a check request along with an invoice for payment to the finance department. The maximum amount payable toward any project shall be $1,000 unless otherwise approved by the Development Services Director 5. REPLACEMENT PLAN A grant/deferred payment/low interest bearing loan plan that assists homeowners with the replacement of unsafe, hazardous living conditions by providing a new manufactured or site-built home This plan provides a maximum investment as stipulated within each grant from which the funds will be expended This amount may change each funding year and is intended for the construction of a new home or for the replacement of a manufactured home. HOME funds can not be utilized in the form of a grant. When a recipient receives assistance through HOME funds, no further investment of CDBG or HOME funds can be made on the home until after the recapture period has expired. DEFERRED PAYMENT LOANS/LIENS All forgivable, non-interest bearing, and interest bearing loans are secured by a lien and promissory note A percentage of the total assistance provided on forgivable loans will be forgiven on the anniversary date of the execution of the recording of the loan instruments throughout the recapture period, provided that the dwelling unit continues to be occupied by the original occupant or an income qualified immediate family member. The unforgiven balance of the loan shall become due and payable upon the sale of the property After execution of the loan, subordination agreements with lending institutions will not be honored since such practice is lending of City credit in violation of State constitutional law. Properties rehabilitated through this City of Apache Junction Housing Rehabilitation Program Guidelines, . c 9 of 20 program must be free of any encumbrances such as liens or judgments. Properties may be encumbered by a mortgage in first position so long as a financial institution or other such mortgage company holds that mortgage; however, there must be sufficient equity remaining to justify placing a lien for the rehabilitation deferred payment loan in second position Properties encumbered by mortgages held by individuals or partnerships are not eligible for this program. HOME funds cannot be used in the form of a grant. EXCEPTIONS TO THE MAXIMUM ALLOWED The Maximum investment for each project is stipulated under each grant program from which the funding is expended This maximum may change with each funding year. However under no circumstance may the maximum per unit investment exceed that which is determined by the geographic area 221 (d) 3 per unit limits based on the number of bedrooms nor can the after rehabilitation value exceed 95% of the FHA 203 (b) Insuring limits for single family properties LOAN CLOSING AND LIEN RECORDING PROCEDURES The Housing Rehabilitation Program Coordinator ("HRPC") will be responsible for recording the required paperwork as determined by the loan. The lien will be recorded at the Pinal County Assessor's Office and will include applicable administrative costs and a contingency of 10% above the Contractor's Bid. The Deed of Trust will be placed on a tracking system by the HRPC who will track the forgivable loan calculating the amount of dollars that will be forgiven as each year passes until the loan has been completely forgiven as outlined in the funding section of these HRGs The City will send a letter to the homeowner annually advising the homeowner of the status of their loan, identifying the amount forgiven and the amount that remains on the forgivable loan The City will be no lower than the first position on the lien of the home or second if a financial institution held first position prior to the City recording the loan documents A letter to the homeowner shall provide a reminder that the City cannot subordinate the loan RECAPTURE PERIOD When a recipient elects to receive assistance in the form of a deferred or forgivable loan, the following recapture periods apply. The recaptured period is based on the amount of funds invested in the assisted unit. Recipients may elect to have a recapture period that is longer than the required period below. Amount of State Funds Invested Recapture Period Per Unit Under $15,000 5 years $15,001 to $40,000 10 years $40,001 to $75,000 15 years $75,001 and over 30 years City of Apache Junction Housing Rehabilitation Program Guidelines p pe 10 of 20 When a recipient receives a deferred payment loan with HOME funds, no further investment of CDBG or HOME funds can be made on the home until after the recapture period has expired LOAN SERVICING POLICY/SUBORDINATION Should a refinancing request be made by the homeowner after the rehabilitation work has been completed and a lien has been placed on the structure and the request has been made prior to the end of the recapture period, the lien shall become due and payable upon refinancing to the City. Thus, should the refinance be a cash out, the City will require payment in full of the rehab lien The City will be no lower than first position on the lien of the home As noted above, the City cannot subordinate the loan in any manner. REVOLVING LOAN FUND/PROGRAM INCOME The City of Apache Junction does not currently have a revolving loan fund Therefore the City will be tracking all forgivable loans In the event that a house that has received services is sold prior to the end of the recapture period, the City will enforce the repayment of the loan in the amount that remains unforgiven. These funds will then be immediately circulated into the Housing Rehabilitation program and will be utilized prior to the use of any new grant funds. These recaptured funds will be deposited into the Miscellaneous Grant Fund and will be tracked by the City's fiscal officer and City Manager. However when utilizing HOME funds, any recaptured or repaid funds will be returned to the Arizona Department of Housing as retention of HOME funds is not allowed by the Arizona Department of Housing APPLICATION PROCEDURES AND ACCEPTANCE When the homeowner thinks she/he meets the required criteria, an application can be mailed, picked up or obtained from the City's website by the applicant Upon receipt of the completed application, the City will date and stamp the application "received" Eligible applicants will be prioritized on a first come, first served basis, unless the nature of the project constitutes an eminent threat to health or safety, as determined by the Building Inspector. If eligible, an applicant is then placed on a waiting list. Assistance is based on a first come-first served basis, at times, applicants can experience a 6-18 months waiting period for assistance Any questions about the HRP procedures and guidelines may be addressed by contacting the HRPC in the City's Development Services Department. Upon completion of an application, an individual will be notified within 30 (thirty) calendar days of his/her eligibility for the HRP. All Housing Rehabilitation cases will be tracked by the HRPC and be reviewed City of Apache Junction Housing Rehabilitation Program Guidelines pale 11 of 20 biweekly by the Development Services Director, or his/her designee Each housing rehabilitation project will have a goal to be completed within (90) calendar days of the approval of the information obtained on the application. THIRD PARTY INCOME VERIFICATION Upon receipt of the application, the HRPC will verify eligibility based upon the homeowners income. The definition of income is taken from 24 CFR Part 5. Gross Income will be used to calculate income for all members of the household over the age of 18 Typical required documents to verify income will include, but are not limited to; 1) Bank Statements including checking and savings accounts, 2) Paycheck stubs including tips, commission and bonuses, and overtime, 3) Earned Interest and Assets This amount is calculated into the income if over $5,000. Eligible assets include but are not limited to Value of Stock, Life Insurance, 401K, interest, CD's, Real Estate, Personal property not including home, 4) Social Security; 5) Welfare Assistance; 6) Alimony and Child Support, 7) Minors Income specifically disability payments; 8) If self employed, must include the past three (3) years income tax returns for net income, 9) Excluded items include earned income from minors (under age 18), full-time student income (ages 18-23), disabled persons' income, and food stamps Median Income Guidelines HUD updates the Median Income Guidelines on an annual basis The most current information can be found on the US Department of Housing and Urban Development website --- Income Calculator http //www hud qov/offices/cpd/affordablehousinq/training/web/calculator/calculator cfm WORK WRITE-UPS, ESTIMATES AND SPECIFICATIONS After the application has been received, the information verified and funding is available, the City Building Inspector or his/her designee and/or the HRPC will make an inspection of the property and prepare a work write-up and cost estimate The HRPC and homeowner will thoroughly discuss the work to be done Once the project scope is approved by the homeowner, the City will competitively procure a qualified contractor that meets all of the procurement requirements of the City and the Arizona Department of Housing City of Apache Junction Housing Rehabilitation Program Guidelines page 12 of 20 Work write-ups will be completed by the HRPC. Specific building materials and building methods will be left up to the discretion of the HRPC but must meet ICC Standards. The HRPC will provide a rehabilitation cost estimate based on his/her experience and in conjunction with current residential cost estimator manuals All new construction that requires substantial repair (more than 50%) of a system must meet the City's current building codes upon completion. The rehabilitated home should at a minimum meet Section 8 Housing Quality Standards and/or all City - Building Codes, which ever is more restrictive, shall govern. The City wishes to encourage contractors to buy locally whenever possible METHOD FOR DETERMINING AFTER REHABILITATION VALUE The FHA 203 (b) insuring limits is utilized when determining the after rehabilitation value This value cannot exceed 95% of the provided limit and is determined by adding the full cash value and the cost of the rehabilitation BIDDING PROCEDURES The City will require bids from two or more licensed contractors to complete the work write-up Contractors will be required to meet all City of Apache Junction and Arizona Department of Housing requirements to be eligible to be awarded a contract Requirements include a current City Privilege Tax License, a valid contractor license from the State of Arizona and is listed on the Registrar of Contractors website and insurance. If a contractor has not been pre-screened and is the low bidder, they must be qualified before a contract will be awarded to them. Additionally, any contractor participating in the HRP must be verified by ADOH as being eligible to receive federal funds. Homeowners will be instructed to select the lowest responsive bid price. The homeowner may opt to pay the price difference between the low bid and the selected contractors bid price The contract will be between the homeowner and the contractor The City will serve only as an administrator/financier to the contract. The contractor must be a licensed contractor in the State of Arizona, hold a City business license, be in good standing with the Registrar of Contractors, and not appear on the excluded parties listing. The City wishes to encourage contractors to buy locally whenever possible The City of Apache Junction encourages minority contractor participation in all projects to include Disadvantaged Business Enterprises e.g Small Business Enterprises, Minority-owned Business Enterprises, and Women-owned Business Enterprises PRE-BID MEETING A mandatory pre-bid meeting will be scheduled prior to the acceptance of the bids to invite all potential contractors to the project site to review the project scope in City of Apache junction Housing Rehabilitation Program Guidelines. e 13 of 20 order to offer an accurate quote. The pre-bid meeting will also be utilized to answer questions and offer information to the contractors and property owner. PRE-CONSTRUCTION CONFERENCE A pre-construction conference will be held between the homeowner, the contractor and HRPC to discuss work items, furniture moving, and other questions in need of clarification. All contractors will be required to secure a building permit from the City and post it at the site CHANGE ORDERS All change orders to the bid specification require the earliest prompt signature of the owner and the HRPC, in order to become valid. No change orders will be approved or paid if the work was completed prior to signed approval by the HRPC. Change orders shall not exceed 10% of the total bid price unless the additional work was requested by the HRPC. INSPECTIONS AND MONITORING The HRPC will monitor all rehabilitation work during construction If progress payments are called for in the contract, the homeowner and the HRPC will make an inspection of the work outlined in the work write-up scheduled for completion before a progress payment will be made. The Development Services Director's, or his/her designee's, signature will be required to execute any payments ACCEPTANCE OF WORK COMPLETED, GRIEVANCES AND QUALITY ASSURANCE In the event of any dispute between the owner and the contractor concerning the completion of rehabilitation, the HRPC will work with both parties to negotiate a satisfactory solution. If a solution cannot be arrived at, the Development Services Director or his/her designee will be the final authority regarding when the job has been satisfactorily completed. PAYMENTS AND WARRANTIES No payments shall be made to the contractors without written approval from the HRPC, and the homeowner, with the exception of disputed discrepancies which may be resolved and paid with the signature of the HRPC. If the contract calls for progress payments, a contractor may request a 50% draw when one-half of the contracted work is completed and a 40% draw when 90% if the work is completed. The City will hold 10% retention for up to thirty (30) calendar days at the end of the contract to cover closeout contingencies The contractor shall warrant all work for a period of two (2) years or more, exclusive of the manufacturer's warranty, from the date on the approval of the final inspection, which will be signed by the homeowner City of Apache Junction Housing Rehabilitation Program Guidelines 14 of 20 and the HRPC. The contractor must submit all lien waivers, warranties/guarantees prior to the release of the 10% retention When included in a project, warranties for all items such a new appliances/hot water heaters shall be given to the HRPC by the contractor(s). All warranties will be provided to the homeowner. HOUSING MAINTENANCE AND HOMEOWNERSHIP EDUCATION In addition to warranty brochures, information will be provided to the homeowner to include but not limited to• • Energy Checklist (Salt River Project), • Energy Savers (Southwest Gas on behalf of the US Department of Energy), • Energy Savings Guide (Salt River Project), • Home Care (City of Apache Junction), • Safety Checklist (Home Safety Council); The HRPC and Contractor shall conduct training in the home to instruct the homeowners on the new equipment, appliances and general housing maintenance counseling on items that had been installed in the home The City will counsel each homeowner in budgeting necessary to complete house payments, maintenance and upkeep The City's Housing Program also provides a Housing Programs and Services Newsletter on a quarterly basis for all housing rehabilitation program recipients. Homeownership Counseling is currently provided by the Arizona Department of Housing and/or their designee. ENERGY EFFICIENCY GUIDELINES The HRPC will write the bid specifications to include energy efficiency measures, whenever possible, which shall include 1) minimum SEER rating 14 on all high efficiency Energy Star HVAC units including programmable thermostats; 2) R-30 insulation on the roof and walls, 3) dual pane Low E Energy Star windows, 4) insulated metal frame exterior doors, 5) Low VOC paint, 6) Solar water heaters, 7) Low flow water fixtures, 8) Compact fluorescent bulbs; 9) Energy Star appliances, and 10) the mitigation of structural air leakage. The Technician will also recommend that the homeowner choose light shades for shingles and exterior paint The HRPC will also discuss energy efficiency measures with the homeowner to ensure that the homeowner is knowledgeable in operating the appliances installed as a result of housing rehabilitation. City of Apache Junction Housing Rehabilitation Program Guidelines. page 15 of 20 LEAD BASED PAINT REQUIREMENTS! PRE-1978 HOUSING On September 15, 1999, HUD published a Final Rule at 24 CFR Part 35 to implement new regulations with regard to lead-based paint in compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992 This Rule was effective on September 15, 2000 ADOH received permission from HUD to defer implementation of this Rule until January 10, 2002 As of January 10, 2002, any CDBG or HOME awards made by the ADOH after January 10, 2002, and used to fund housing rehabilitation projects are required to comply with these lead-based paint requirements However, CDBG or HOME awards made by the ADOH before January 10, 2002, and used to fund housing rehabilitation projects, whether or not the actual projects have been started, will not be subject to these requirements. In order to comply and implement these lead- based paint requirements, the HRP shall use as guidance the ADOH Housing Bulletin #1 issued by the Office of Housing Development ("OHD") on December, 2001. The HRP shall specifically adhere to the evaluation, disclosure, work requirements, and clearance procedures contained in this Bulletin Any interim control or abatement procedures of lead-based paint hazards as prescribed by HUD requirements shall be included in the scope of work The HRP shall also attempt to obtain lead-based paint general liability insurance for lead-based paint hazards and encourage contractors to secure lead-based paint hazard liability insurance. The HRPC will provide the homeowner with the EPA/HUD Pamphlet "Protect Your Family from Lead in Your Home" The HRPC shall also provide the homeowner with the Lead Based Paint Notification for the homeowner's review and signature The HRPC shall specifically review the notification form with the homeowner and make every effort to ensure the homeowner is aware of the hazards and ways to avoid lead based paint poisoning. The executed notification is retained in the homeowner/client's file and a copy is provided to the client. If lead based paint hazards are identified and treated by a certified lead based paint risk assessment company, the HRPC shall meet with the recipient and discuss the findings contained in a Risk Assessment Report. The recipient shall also sign off on the report to reflect that the findings contained in the Risk Assessment Report were explained and discuss with the recipient The Risk Assessment Report shall then become a part of the recipient's file. All brochures regarding lead-based paint hazards are available in alternate format for non-English Spanish speaking persons upon request. CONFLICT OF INTEREST Any person who is an employee, agent, consultant, officer, or elected or appointed official of the City using ADOH CDBG or SHF funds may not obtain a personal or City of Apache Junction Housing Rehabilitation Program Guidelines. page 16 of 20 financial interest or benefit from this activity. Nor may they have an interest in a contract, subcontract or proceeds either for themselves, their family or business ties during their tenure, or for one year thereafter. Upon written request to the HRP in care of the Apache Junction Development Services Department, the Development Services Director, or his/her designee, will determine if a conflict exists COMPLAINT AND GRIEVANCE PROCEDURE Applicants, Program participants, or contractors may initiate a complaint by submitting concerns in writing to the City of Apache Junction Development Services Director, or his/her designee, at 300 East Superstition Boulevard, Apache Junction, Arizona 85119 The Development Services Director, or his/her designee, is responsible for receiving, reviewing, and responding to all complaints. The City must issue a written response to any complaint within seven (7) working days of receipt If unsatisfactory, a written appeal of the City's response must be filed within seven (7) working days of receipt of the City's response Appeals should be directed to the City Manager for resolution, correspondence should be sent to 300 East Superstition Boulevard, Apache Junction, Arizona 85119. The City Manager will act as final arbitrator in all disputes. Assistance from the City in preparing a grievance is available at no charge if needed due to either a disability or language limitation Assistance will be provided through the Development Services Department at (480) 474-5090 TDD (480) 983- 0095, FAX (480) 474-5102 or 300 East Superstition Boulevard, Apache Junction, Arizona 85119 MARKETING The Housing Rehabilitation Program will be marketed using the following media Brochures, Flyers, City of Apache Junction Website, the Housing Programs and Services Newsletter The Citizen (Parks & Recreation Publication), City of Apache Junction's Cable Channel, and local newspapers including AJ News and the Independent. Direct marketing to neighborhoods may also be conducted by mailing a postcard to residents within a targeted area notifying them of the City's programs Distribution of marketing materials will be through a local network of human/social services agencies and at general posting locations throughout the City which include but are not limited to the outlets below City of Apache Junction Housing Rehabilitation Program Guidelines. page 17 of 20 Human/Social Service Agencies TRIAD Neighborhood Watch Groups Pinal County Housing Pinal County Volunteer Center CAAFA CAAG RSVP Program ABIL CAHRA Salvation Army Area HOA's Apache Junction Food Bank Boy's and Girl's Club Project Help HOPE Women's Center Apache Junction Senior Center Apache Junction School District Apache Junction Community Development Corporation Apache Junction Chamber of Commerce Central Arizona Council on Development Disabilities City of Apache Junction Victim Assistance (Police Department) City of Apache Junction Victim Advocate (City Attorney's Office) Superstition Mountain Mental Health Center Posting Locations City Hall Library Parks and Recreation Multigenerational Center The City will make every effort to accommodate persons with disabilities and non- English speaking persons. See the section entitled ASSISTANCE TO APPLICANTS for additional information. STAFFING AND ADMINISTRATIVE REVIEW All administrative and supervisory work will be done by City Staff. Procedures to protect applicants, HRP participants, and contractors are outlined in the sections entitled COMPLAINT AND GRIEVANCE PROCEDURE and NON- DISCRIMINATION The City of Apache Junction's HRPC will be responsible for the following application intake; income verification; case management; contractor selection; change order approvals; and final inspection. The HRPC can be reached at 300 East Superstition, Apache Junction, Arizona 85119 The HRPC can also be contacted at (480) 474-5090 or TDD (480) 983- 0095 The following organizational chart identifies the City's staff pertaining to the HRP. City of Apache Junction Housing Rehabilitation Program Guidelines page 18 of 20 City Manager ll 1 Assistant City Manager i I Development Svcs. Director' - Finance Director L...l Grants Coordinator Program Coordinator Li NON DISCRIMINATION The City of Apache Junction, or any of its sub recipients, do not discriminate in any activity on the basis of race, color, religion, sex, disability, familial status, or national origin. ASSISTANCE TO APPLICANTS Should an individual need assistance in preparation of an application, assistance will be provided, at no charge, through the Development Services Department The Department can be reached at 300 East Superstition, Apache Junction, Arizona 85119. Assistance can also be requested at (480) 474-5090 or TDD (480) 983- 0095. Applicants may request assistance because of a: 1) physical/mental/emotional disability or 2) limited ability to speak/read English FAIR LABOR STANDARDS The provisions of the FLSA are not applicable to the rehabilitation of single family homes under this program APPLICABLE DOCUMENTS The City's HRP uses guidance from the following sources of information pertaining to the administration of the HRP 1) Arizona Department of Housing Owner Occupied Housing Rehabilitation Standards 2) United States Department of Housing and Urban Development Housing Quality Standards. 3) United States Department of Housing and Urban Development and Environmental Protection Agency Information regarding Lead Based Paint. 4) Arizona Department of Housing, State Housing Fund Program Summary and Application Guidelines 5) Arizona Department of Housing Community Development Block Grant Handbooks. City of Apache Junction Housing Rehabilitation Program Guidelines page 19 of 20 CHANGES TO HOUSING REHABILITATION PROGRAM GUIDELINES The Housing Rehabilitation Program Guidelines are generally adopted with revisions annually, however should an emergency change within the Housing Rehabilitation Guidelines as adopted by the City Council be required throughout the program year, the Mayor shall submit a letter in writing to the Arizona Department of Housing ten (10) days prior to the change coming into effect. FORMS A complete packet of forms utilized by the City's Housing Rehabilitation Program are available upon request. Below is the listing of those forms. Item Item Application which includes Truth In Lending Form Authorization for Release of Info. Memorandum of Understanding Verification of Employment Right of Rescission Affidavit of Non-Income Promissory Note Declaration of Citizenship Deed of Trust Income Verification Determination Sheet Release of Lien Housing Program Information including. Development Services Verification Information Authorization Project SOW/Bid Sheet/Instructions Certification of Principal Residence Contractor Participation Statement Federal Assistance Notice Contract between Contractor and Owner Complaint and Grievance Procedure Notice to Proceed Lead Based Paint Information Owner's Color Preference Verification Signage and Photo Authorization Change Orders Disclaimer Final Acceptance of Work Completed Work Write Up including cost estimates Final Invoice and Waiver of Lien Owner Acceptance of Work Write Up City of Apache Junction Housing Rehabilitation Program Guidelines. page 20 of 20 RESOLUTION NO. 11-52 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA COMMITTING LOCAL FUNDS AS LEVERAGE FOR A FY2012 STATE HOUSING FUND APPLICATION. p WHEREAS, the City of Apache Junction has adopted Resolution No. 11-50 which authorizes submission of an application (s) to the State of Arizona, Department of Housing ("ADOH") for State Housing Fund ("SHF") funds for FY2012, and WHEREAS, that application indicate that $4, 620 will be committed by the City of Apache Junction as leveraged funds, in the form of cash or resources to be combine with State funds to complete the program; and WHEREAS, the SHF Program requires that all local leveraged funds/resources be committed in the form of a resolution by the governing body, and that such a commitment contain an opinion by the applicant ' s legal counsel that the leveraged funds represent a binding commitment, legally enforceable under State laws 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 hereby commit $4, 620 in funds AN. and resources to the SHF Program, to be used for project costs, contingent upon the receipt of the FY2012 SHF assistance. 2) That the Mayor and City Council of the City of Apache Junction hereby find that this commitment is legally binding based on the legal opinion of the City attorney, and that such funds will be available for an audit at the termination of the grant, if so required by ADOH. RESOLUTION NO 11-52 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF 2011 JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-52 PAGE 2 OF 2 ITEM NO. 6 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME tsACH �= C• it of Apache Junction U 2 Home of the Superstition Mountain). Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE November 15, 2011 Agenda Type . Regular Agenda Council Priority Focus Area Revenue Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-49, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FISCAL YEAR 2012 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2012 STATE SPECIAL PROJECT PROGRAMS. ACTION REQUESTED. Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Staff will present the proposed projects that have been identified for potential application submission of Community Development Block Grant and State Special Projects. As part of the application requirements, a resolution is required that authorizes the City to submit applications to the Arizona Department of Housing for funding. On December 6, 2011, staff will bring Resolution No 11-49 before Council for consideration and approval following a presentation of all proposed projects and a public hearing. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully requests that the City Council review and discuss the proposed projects and Resolution No 11-49, authorizing the submission of the City's Fiscal Year 2012 Community Development Block Grant Regional Account and Fiscal Year 2012 State Special Project applications. ATTACHMENTS: Click to download D Staff Report D Proposed projects ❑ Resolution No. 11-49 P,pCH O 1.114 City of Apache Junction 4p. Development Services Department MEMORANDUM DATE. November 3,2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel,Program Coordinator SUBJECT. Presentation and Discussion on Proposed Resolution No 11-49 (Authority to Submit) for Fiscal Year 2012 Community Development Block Grant and Fiscal Year 2012 State Special Project Programs REQUEST Staff respectfully requests that the City Council review and discuss the proposed projects and Resolution No 11-49, authorizing the submission of the City's Fiscal Year 2012 ("FY12") Community Development Block Grant Regional Account("CDBG") and Fiscal Year 2012 ("FY12") State Special Project("SSP") applications. BACKGROUND .�., Since 1974, the United States Department of Housing and Urban Development ("HUD") has provided assistance to local communities through the CDBG and SSP Programs These Programs were established to help communities address the following national objectives. 1) Meet the needs of low and moderate income citizens; 2) Prevent/eliminate slums and blight in a community; and/or 3) Address urgent needs to the health/welfare of a community. A community can use the funds to address one of the national objectives or can direct the funds to a non-profit organization. Apache Junction has participated in the CDBG program since 1982. The City of Apache Junction is eligible to submit applications to the Arizona Department of Housing for both the CDBG and SSP funding. The City of Apache Junction is anticipating receiving approximately$140,000 in CDBG funds to be used over a two year penod of time (January 2013 —December 2015) These funds are guaranteed to the community as long as a viable project is submitted for funding to ADOH The City may retain up to 18%of these funds for administrative costs. This application is due June 1,2012 In years past,the City partnered with the Town of Payson to receive double funding every other year. The City chose to end that partnership in 2011. The City of Apache Junction is anticipating submitting an application for the SSP funds in which the City may request up to$300,000 to be used over a two year penod of time These funds are a statewide competitive grant The City may retain up to 18%of these funds for administrative costs The anticipated application due date is June/July 2012 Crucial to the CDBG and SSP programs is the involvement of local citizens and elected officials In fact,to participate in the programs and receive funds a community must be able to document that citizens and officials have been given the opportunity to discuss community needs and suggest possible projects Ultimately,the decision on which CDBG and SSP projects will be submitted rests with the elected officials in a community. To assist communities in meeting the requirements for public participation, ADOH has established a mandatory public participation process. Failure to meet the public participation requirements will result in the disqualification of the City from the programs and an inability to receive funds DISCUSSION On October 28,2011 a public meeting was held to solicit input from the public on potential projects for the submission of an application Technical assistance was provided to the community until October 27,2011 to help formulate a project for consideration and to determine if a potential project meets the requirements of the CDBG program. There were two local non-profits present during the meeting. See Attachment One for the proposed projects Additionally, on October 28,2010 The Leadership Team met to discuss potential projects for presentation to Council Based upon the City's current low to moderate income status,the City must focus their CDBG and SSP efforts on projects that meet one of the following criteria. 1) Is within a designated and approved redevelopment area, e.g Crossroads Redevelopment Area; 2) Assist persons within a limited clientele category, e g seniors, disabled, etc., 3) Assist homeowners who are proven to be low income, e.g. housing rehabilitation, and to low income 4 Assist neighborhoods that areprovenbe g During the Leadership Team meeting, several projects were discussed that met the criteria of the CDBG program, See Attachment One Of those projects, several held high priority because they addressed objectives within the recently completed Downtown Revitalization and Implementation Strategy. 2 As part of the application requirements for submission of CDBG and SSP applications, a resolution is required that authorizes the City to submit applications to the Arizona Department of Housing for funding. Resolution No 11-49 further authorizes the Mayor to sign the applications, contracts, and grant documents,and take all actions necessary to implement and complete the activities submitted within the applications. On December 6, 2011, staff will bring Resolution No 11-49 before Council for consideration and approval following a presentation of all proposed projects and a public hearing RECOMMENDATION Staff respectfully requests that Council review and discuss the proposed projects and Resolution No 11-49 ACTION REQUIRED Staff is not seeking formal direction from Council at this time.A public hearing will be held on December 6, 2011 during the City Council meeting, at which time, the community may present additional projects and the Council will be asked to select a project for each application submittal ATTACHMENTS Attachment One. Proposed projects Attachment Two Resolution No 11-49 3 Attachment One Prospective CDBG/SSP Projects for the Fiscal Year 2012 f Project: ADA compliance Location Focal Point Intersection Cost. $130,147 Description Installation of ADA ramps and stamped concrete crosswalks Eligibility ADA compliance within redevelopment area Identified in the DRIS Project Commercial Rehabilitation ` Location TBD — Crossroads is currently the only eligible area \'N Cost. open \.` Description: Rehabilitation of commercial properties for •, c'' `0 ADA, code and health and safety compliance '' May include sewer connections Eligibility: Redevelopment area benefit Identified in the DRIS 04° s Sq Project: North Apache Trail Improvements /�r'� Location North Apache Trail (� Cost $1M Q Description Main Street cross section improvements 'U Eligibility Redevelopment area benefit _, . O Identified in the DRIS /JI • 00 Project Drainage Improvements Location: Grand/Ocotillo/Main/Palo Verde south of . , Apache Trail t 1 Cost $1 3 to $1 4M -- ,..: , Description Installation of curb, gutter and sidewalks r o" r*, • Includes repaving Eligibility: Census 2000 block group is 63 2% LM Project Drainage Improvements Location Neighborhood NE of Southern and San Marcos 0, o � . Cost: $268,000 to $821,000 a{ mg Description: Installation of valley gutters, storm drains and retention basin Eligibility Currently INELIGIBILE Census 2000 block group is 47 3% LM Special Survey can be completed Project: Sidewalk Installation ► V Location North side of OWH from Idaho to Winchester O\1 Cost $181,000 k Description Installation of approx. 1156 If of curb, gutter - �l and sidewalk O\ Eligibility: Redevelopment area benefit (',,� 40, Project. Bike Lanes ,. Location Apache Trail from Idaho to Rennick Cost TBD Description Restriping of Apache Trail to include bike lanes Eligibility Redevelopment area benefit Must be in existing ROW and be a part of a street project — if the road is in good condition and is merely restnping, it is not eligible. Project Housing Rehabilitation Location. Citywide vs. Identified area =' Cost open Description The rehabilitation of owner occupied homes Eligibility: Homeowner is qualified `gym Proposed Projects from September 28, 2011 Public Meeting Project: Active Adult Center Equipment Location: Active Adult Center Cost: $7,000 - $10,000 Description Purchase of flash freezer that will freeze weekend home delivered meals for seniors Eligibility Limited clientele eligibility Project: Active Adult Center Transportation Services Location: Active Adult Center Cost: $45,000 - $50,000 Description Pay for the driver, fuel, insurance and maintenance of the van shuttle that serves the center Eligibility Currently INELIGIBILE - Only eligible if service is an expansion of existing. However AAC staff indicates this is to pay for the existing service because funding will end 6/2012 Project Job Placement Services Location Empowerment Systems Cost $100,000 Description Services will coordinate interviews and locate available jobs for AJ residents within a 25 miles radius of the city. Money will cover the purchase of computers and staff Eligibility: INELIGIBLE — not fundable per AzDOH RESOLUTION NO. 11-49 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATION (S) FOR FY 2012 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG RA") , FY 2012 STATE SPECIAL PROJECT ("SSP") FUNDS, AND CERTIFYING THAT THE APPLICATION (S) : (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS, AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG RA AND SSP APPLICATION (S) . WHEREAS, the City of Apache Junction is desirous of undertaking community development activities; and WHEREAS, the State of Arizona is administering the Community Development Block Grant ("CDBG") Program; and WHEREAS, the State CDBG Program requires that the requested CDBG funds address one of the three congressionally-mandated national objectives; and WHEREAS, the activities within these applications address the identified housing and community development needs, including the needs of low and moderate income persons, and WHEREAS, a grantee of State CDBG funds is required to comply with the CDBG Program guidelines and federal statutes and regulations; and WHEREAS, on September 28, 2011 and December 6, 2011, the City of Apache Junction held public hearings on CDBG RA and SSP proposed projects . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction as follows . SECTION 1 • Staff is authorized to submit applications to the State of Arizona Department of Housing for Fiscal Year 2012 CDBG RA, and Fiscal Year 2012 SSP funds, and the Mayor is authorized to sign the applications, contracts, grant documents and other related documents for receipt and use of CDBG funds for: RESOLUTION NO 11-49 PAGE 1 OF 2 FY 2012 CDBG RA - for the funding maximum FY 2012 - for $300, 000 SECTION 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the Oft 6. applications. SECTION 3 : The applications for State CDBG RA and SSP funds further the needs under State guidelines for low and moderate income persons. SECTION 4 • The City of Apache Junction shall comply with all State CDBG Program guidelines, federal statutes and regulations applicable to the State CDBG Program and certifications contained in the applications . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF 2011 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney RESOLUTION NO 11-49 PAGE 2 OF 2 /aft Adak .•. ITEM NO. 7 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME tykCN a, Go of Apache Junction Home of the Superstition Mountains 4DIzoo` Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: November 15, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON THE PROCUREMENT OF A CRIME SCENE INVESTIGATION VEHICLE FOR THE POLICE DEPARTMENT ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Staff requests permission to move forward with the purchase of the last budgeted vehicle for the Police Department The vehicle would be a Ford Explorer with a total cost including tax of $26,169 34 Staff requests authorization to purchase the vehicle through the cooperative State Contract#ADOT 11-004994 via Chapman Ford FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: Presentation. ATTACHMENTS: Click to download D Transmittal Letter to Councl Public Works Department Q zelAiscieho J .� Home of the Superstition Mountains Date November 2, 2011 To. Mayor and Members of City Council Through George Hoffman, City Manager Giao Pham, Interim Public Works Director From Shane Kiesow, Public Works Manager Subject Fleet Vehicle Procurement With the adoption of the Fiscal Year 2011-2012 City operating budget, the existing Crime Scene Investigation Jeep Cherokee with 120,000 miles was identified and budgeted for replacement with the Police Department A Ford Explorer is requested to be purchased as the replacement vehicle funded through General Fund monies Staff would like City Council to give consideration for approval to purchase for a not to exceed amount of$26,169.34. The recommended purchase would be through the cooperative State Contract#ADOT11-004994 via Chapman Ford. This is would be a planned December 6th Regular Session consent item for approval 575 E Baseline Avenue, Apache Junction. AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 AllOkk AO.. .•. ... ITEM NO. 8 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES: jvy �� �► ITEM # C D MEETING OF 0/)--1" V MOTION BY SECONDED BY /YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER SMITHSON I COUNCILMEMBER SERDY V COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOS IN FAVOR OPPOSED ABSTAINED TOTAL 1 q � v 1 ITEM NO. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, DECEMBER 5, 2011, 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, DECEMBER 6, 2011 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M 46. ROLL CALL WS: 11 l d I I REG. (I I ' ' SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO / / VICE MAYOR DIETZ / COUNCILMEMBER BARKER ✓ / COUNCILMEMBER COLEMAN V COUNCILMEMBER SERDY / V COUNCILMEMBER SMITHSON " t/ COUNCILMEMBER WILSON v TOTAL 1 ri. / CITY STAFF: 0 I) City Manager George Hoffman V Assistant City Manager Bryant Powell /City Clerk Kathleen Connelly f; V City Attorney Joel Stern / Public Safety Director Jerald Monahan Interim Public Works Director/ i City Engineer Giao Pham Parks & Recreation Director /! Jeff Bell Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley P, Economic Development �l n Director Steve Filipowicz OpA/fd Assistant to the City Manager Matt Busby2,„ii OTHERS: i ,i,/ kiii 4,,FU4 '441 \ ' (il n ''' i'livia);/41)) i ' ,9c i ,k,,,Yd _ , . c5Cgtt.,.,i' . ,, , ,Ap. _ ,tivif -A ii,a4T ib-i i n lJ (it‘ w e?"' Date: / /'/ // City Apache A ache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) N 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 E ❑ I am in favor of the propo d I em. ❑ I . m opposed to the proposed Item. 7// e'ir F/5 Name (Print) r /? pLi /-/ sy 17 ( LjAc/ 74tY 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