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HomeMy WebLinkAbout2010 11.16 City Council Regular Agenda Ask PLEASE FILL OUT A'RE :ST TO SPEAK" FORM IF YOU WISH TO ADD S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING IrEM PPAG JGZ • HE r Q ity o f Apache function florae oo the Supervrtron Aloiintazns APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION, ARIZONA 85219 REGULAR MEETING AGENDA November 16, 2010 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 2,2010. 3. Consideration of Fiscal Year 2010-2011 professional services agreements with five human service agencies to provide in-city services in the total amount of$80,000 oak At the November 15 work session, council discussed the possible funding for human services agencies as recommended by the Health and Human Services Commission 4. Consideration of defense attorney contracts. One of three contract defense attorneys has opted to terminate her contract with the City Judge Hazel respectfully requests the Council to authorize him to execute amended contracts with the remaining two defense attorneys 5. Consideration of intergovernmental agreement with Pinal County for election and voter registration services for the March 2011 and May 2011 elections. This agreement is required to obtain required election-related services from Pinal County 6. Consideration of agreement with Arizona Republic for legal advertising for 2011. State law prohibits use of the local weekly papers because they do not meet the statutory definition of"newspaper" The agreement with the Arizona Republic will allow the city to meet statutory requirements 7. Approval of Intergovernmental Agreement with Maricopa County for Traffic Signalization and Intersection Improvements at Southern Avenue and Meridian Rd. Staff would like to enter into an intergovernmental agreement with Maricopa County for traffic signalization and intersection improvements at Southern Avenue and Meridian Road Ik E. AWARDS, PRESENTATIONS D PROCLAMATIONS.E. 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 None 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 8. MANAGER'S REPORT 9. PRESENTATION ON THE DOWNTOWN HOLIDAY PROGRAM AND LIGHT PARADE. The Downtown Redevelopment and Implementation Strategy adopted by the City Council with the approval of Resolution No 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown The strategy's accompanying work plan specifically called for identifying a variety of event locations and activities that will attract residents and visitors alike into the downtown or the region, including hosting special events in the downtown area This year, our Parks and Recreation department,with support from the Apache Junction Main Street program and the Superstition Mountain Promotional Corporation, is planning a full-day, downtown Holiday Program and Light Parade for Saturday, December 4,2010 Liz Langenbach, Recreation Superintendent,will provide a brief update on the event 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 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 None. 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: 10. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7.00 P.M.FOR MONDAY,DECEMBER 6,2010. 11. EXECUTIVE SESSION AT 5:45 P.M.FOR TUESDAY,DECEMBER 7,2010.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask Al ilk a speaker to stop speaking and le he podium or to adjourn the meeting if anyone I mes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another, but may, at the conclusion 1) respond to criticism by a speaker,2) ask the City Manager to review a matter,3) ask the City Manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone, provide their name and address There is a three(3) minute time limit per speaker N ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office Amok 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m , excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time /N. CITY COUNCIL REGULAR MEETING NOVEMBER 2, 2010 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 2, 2010, at the Apache Junction City Council Chambers pursuant to the notice •s 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 Vice Mayor Dietz led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Serdy Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Development Svcs . Director Brad Steinke Economic Dev. Director Steve Filipowicz Others Present : Senior Planner Rudy Esquivias Building Official Dennis Dixon REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 1 OF 19 Aft. Aft, Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Eck SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented there is a Pinal County Transit Feasibility Study that is going on at the multi-generational center right now. They are looking at types of mass transit and bus service throughout the community. At this time, no one has shown up for the meeting. He encouraged people to attend if they get the opportunity. Councilmember Barker thanked and congratulated the police department for the G.A. I .N. event last Saturday. It was well run and very enjoyable . She also thanked parks and recreation for their Halloween party, which was grand fun, and again with S.A.L.T . for the S .A.L.T . walk on the dedication of the walk on Saturday morning. Mayor Insalaco announced Troop 702 from Apache Junction Goldfield Ward were in attendance for their citizen and community merit badge. CITY MANAGER' S REPORT City Manager George Hoffman commented on the striping on Old West Highway, the bike lane on Old West Highway, the intersection improvements at Winchester and Old West Highway, and the federal stimulus project on Ironwood from 16th Avenue to REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 2 OF 19 Broadway. He requested the assistant city manager brief the council on volunteerism. Assistant City Manager Bryant Powell read a story on volunteerism and briefed the council on volunteers in the community. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION HORSE RESCUE ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. James Moyle, 4896 N. Vista Road, Apache Junction, addressed the council . He stated this is their second year of having Cowboy Christmas at the rodeo grounds . It went off without incident last year. They have tripled their efforts this year. There will be a carnival, the Radio Station 94 . 1 from Globe will be there, and they will be putting in a beer garden with singers from Fillies and other bands . They put in for 2 nights but they will only have it on Saturday night for the music festival and beer garden. They will have it inside the arena so there will be fences on all four sides . Those under 21 can be in the stands where they will not have access to alcohol . Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated he thought this was short notice for a special event . He is all for the event but he would like more lead time on things like this. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 3 OF 19 City Clerk Kathleen Connelly stated if there are any concerns on the part of the council, the applicant has met the requirements of state law and city code in regards to this event . Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Eck MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR APACHE JUNCTION HORSE RESCUE FOR DECEMBER 11, 2010, SUBMITTED BY JAMES MOYLE, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CONSIDERATION OF DEVELOPMENT FEE APPEAL FROM JUVER HEREDIA ) Development Services Director Brad Steinke briefed the council on the item. Mr. Juver Heredia, 1675 E. Cody Street, Apache Junction, addressed the council . He stated they bought the trailer and the land with the little bit of money that they had. He does not think they have enough money to pay the $9, 500 . They are asking the council to help them with anything. Mayor Insalaco asked if the trailer is already on the property. Mr. Juver Heredia stated it is. Vice Mayor Dietz asked if all the hook-ups have been done. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 4 OF 19 Mr. Juver Heredia stated not yet. They have the permit but they have been waiting on the impact fees . He reiterated they would appreciate any help that they can give. City Clerk Kathleen Connelly stated we need the name and address for the record. .••., Mayor Insalaco requested the name and address . Mr. Juver Heredia gave his name and an address of 1675 E. Cody Street . Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He commented about a property he had looked into buying on Tomahawk that would need to be upgraded. He requested the council waive the fees for this applicant. It appears this will automatically be approved if they do nothing on it, which is fine with him. He stated impact fees have been too high in the past, especially since the recession. They should be thrown out. Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Eck commented or if they throw the impact fee out, everyone living here now will be paying for the future, and paying and paying and paying. He just put a mobile home in a few years ago and he had to pay the development fee. He found out later there had been a unit on the property. He wished he could have used this mechanism. He thinks they have opened up a window where they will have to come up with a specific solution, maybe a time frame or something. His idea was if they are improving the property, it would be a good idea to void the development fees . Councilmember Serdy commented that he agreed that 21 years is a long time. It is getting away REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 5 OF 19 from what they want to do. He has brought it up before about loosening it for infill. He does not know how to go on this as 21 years is definitely pushing it . $9, 500 is a lot of money; it is like half of some people' s income. He asked if there is any way, if we do make them pay it or partially pay it, to spread it out over time so that it is not such a big impact . Something like $1, 000 a year 9 years. This would break certain families . It is a lot of money to come up with at once. He is wondering if there are any creative ways to spread this out. Councilmember Wilson commented he was looking at the property information report and the value of the property. The impact fee is basically one- fourth the price of the property. It is only . 45 acre . He was wondering if there is a way of making it less onerous on the cost as it is one-fourth the property value. Councilmember Coleman commented Brad explains that you do not have to pay an impact fee if another unit is moved on in one year but if it is one year and a day you do. There has to be a cut off at some point. Where that cut off is is a little rough. The one day difference sounds rough, but there has to be a cut off some day. He does, especially in this instance, like Councilmember Serdy' s recommendation. If there is a way that we can have it paid over time, otherwise he would have to say he is not ready to throw out the development fees . That does go to pay for infrastructure. It is either the development that pays or it is the taxpayers, even if it is a single family unit. It is one or the other. He has tried to maintain the policy that growth should pay for itself as much as possible. He thinks 21 years is a little long to be saying that it is not going to have an impact. He does like the idea of perhaps having it paid over time so it would not be such an upfront burden to this particular family. Vice Mayor Dietz commented he was under the impression that if something was removed from the property and replaced within a year, it would be an upgrade or step up in the community. That is part of the reason the development fee would be waived. We wanted to see newer things coming into the community. In this case, unfortunately, it is a 1978 manufactured home. He would love to be able to help them REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 6 OF 19 out as much as possible. He does not know if they can cut the development fees somehow. They have done so in the past . He asked the city attorney if it would be possible to set up an agreement to where they could pay "x" amount in a 10 year period or something like that . City Attorney Joel Stern stated there is nothing in the code that says they can do that. This is an appeal . The appeal provisions of the code do not really address that issue. If they allowed someone to pay for a development fee over time, they can do that with a subdivision if there are phases . That rule does not apply here. There is nothing that really allows that . The council is supposed to be fair and equitable when they deal with development fees so that no one single individual or group of individuals pays more than others for the beneficial use that is being brought to the city. Another issue is if they waive the fee, an equal payment must be paid to make up for that fee. That is supposed to happen but he is not sure it has always happened in the city. There has been some case law on that recently. They are supposed to make an equal payment of the amount that is waived from a different fund. Vice Mayor Dietz asked if that would be paid from the general fund. City Attorney Joel Stern stated that is what mechanically is supposed to happen. Councilmember Eck asked if that happens if they waive the fee. Ink City Attorney Joel Stern stated that is correct . Councilmember Eck asked if they have to go to the development fee account and put the $9, 500 into the general fund. City Attorney Joel Stern stated you take it from the general fund and put it into the development fee fund. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 7 OF 19 Vice Mayor Dietz commented our development fees are one time fees that we have set aside in our capital facilities fund. They would pay out of that fund to the general fund. There was general discussion on which fund would pay which fund. City Attorney Joel Stern stated it would be from the general fund into the development fee fund. Councilmember Barker commented the development fee has to be paid, whether it is by the person who is buying the property or it is the city. City Attorney Joel Stern stated that is correct . That is not in the code. They will not see language like that in the code. Councilmember Barker asked where the language comes from. City Attorney Joel Stern stated it comes from case law that has evolved since the development fee ordinance was drafted. Councilmember Coleman asked if there was anything in the code that would prohibit payments over time. City Attorney Joel Stern stated there is not. City Manager George Hoffman stated another way of framing the question is to ask if local governments are allowed to extend credit. City Attorney Joel Stern stated they cannot. Article 9, Section 7 of the Constitution prohibits it . He was answering a direct question. Now he is answering Mr. Hoffman' s question. It would probably be REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 8 OF 19 considered a gift or credit which the city council is not supposed to do over time. Councilmember Coleman commented he could go to a bank, let them make the loan, and pay the bank over time . Councilmember Eck stated they A., are not going to get a loan on a 1978 trailer. Vice Mayor Dietz agreed. Mayor Insalaco asked if the money would have to be paid if this was just the year. City Attorney Joel Stern asked if he was asking if the money would have to be paid within the year. Mayor Insalaco asked if the trailer was removed and it was within a year' s time of replacing it they would not have to pay the development fees . City Attorney Joel Stern stated that is correct . They would not be waiving the fees . Mayor Insalaco asked where the money comes from then. City Attorney Joel Stern stated because they are not waiving it, they are not making a vote on the waiver. They do not have to replenish the fund from the general fund. Councilmember Coleman commented that is because it is within a year. Assistant City Manager Bryant Powell stated that is because it is already part of the development fee; it has been captured in. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 9 OF 19 Councilmember Wilson asked if it would still be a problem if they changed the ordinance to increase the period of time. City Attorney Joel Stern asked if he meant the time period to pay the development fee. Councilmember Barker commented it is the time period between one person removing a home and the other person putting a home on the property. City Attorney Joel Stern stated that would take a change in the code section and he would RES have to research whether they could do that .. Development Services Director Brad Steinke stated they are in the process of asking these and many more questions regarding this topic to our development fee consultant and hope to have answers within a month dealing with the topic Joel raised and many others . At this point they are not in a position to answer all these questions they have asked but they will be shortly. Vice Mayor Dietz asked for a breakdown of the $9, 500 . Development Services Director Brad Steinke stated 80o is roads and the rest is parks, police and library. Mayor Insalaco commented he 0040 knows they will be working on this change, but this does not seem right. Twenty-one years is a long time but he hates to see these people put in jeopardy. They need some place to live. They need to get out . The city needs to get this worked on quick so that this does not happen again. City Attorney Joel Stern stated one possibility is to get from the applicant their approval of a continuance . That could take you through the time to amend the ordinance. He is not sure if they can do that as he does not know how quickly they want to get on the property. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 10 OF 19 ow Mayor Insalaco commented he understands they need to get in soon. Vice Mayor Dietz commented they need to be in it if not already now. City Attorney Joel Stern stated that is correct. They might have to pay a fee. If they agree to a continuance of time, that would probably hold the 45 days that Mr. Steinke mentioned earlier. They have until November 13 under the ordinance. If they do not act on it, it is basically deemed approved. To get it changed, they have to do that fairly quickly. Councilmember Eck commented he personally thinks they should pass this one. Like the sign ordinance that they have to get done, they get it done so that we are not put in this position again. Councilmember Coleman stated we will be. He looks in the report and it says the council is reminded that council reviewed and approved a request involving a 2 year gap. Now we are going to say they approved one with a 21 year gap. Councilmember Eck commented they have to come up with something solid. City Manager George Hoffman asked if non-action by the council will result in the approval of the applicant' s request . AW City Attorney Joel Stern stated that is correct . Councilmember Coleman stated it is an approval without an approval . City Manager George Hoffman stated if there is sentiment to go in that direction. He does not know what the implications are of approving something that has not been there for 21 years . He does not know what argument they give anyone else who comes through the door who wants a REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 11 OF 19 waiver also. Several of the council have adequately pointed out that the structure of this system of fees is that new development should pay its own way. Citizens of this community, the primary emphasis of their tax dollars should be to maintain existing roadways . They had a presentation two weeks ago where their public works director told them they are slipping slowly backwards on maintaining the existing roadways . The construct here is that each new development and person that travels our roadways has some small impact. If those impacts are added up, '^ they can design a roadway system for build out if each person pays their fractional portion. If they start not having each person pay their fractional portion, then at some point that roadway system will be expanded by the citizens of Apache Junction who will have to pay for the maintenance of the roadways and the new construction. He is saying this more for the audience than for the council who already knows how this is structured. If they are inclined to do this while these changes are being looked at and the studies are being done, the challenge is that the body of knowledge on development fees is not fixed. It evolves over time. It is critical to go back over what they are doing because of case law. It might be better, if they are inclined to approve it, to just not act on it and let it get approval by their non-action. City Attorney Joel Stern stated if they do decide to do a new study with development fees and they get increased, that increase cannot take effect until after June of 2012 . They cannot even vote in an increase before then. Vice Mayor Dietz stated he does not think they are looking at voting for an increase anyway. City Attorney Joel Stern stated if the study comes back and recommends increases, it is a possibility of happening. Councilmember Coleman commented that is because of the state law that was just enacted. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 12 OF 19 Cit Attorney Joel Stern stated it was enacted within the past year. Councilmember Coleman stated there was a moratorium. City Attorney Joel Stern stated that is correct . Auk City Manager George Hoffman stated part of the interest in looking at the new study is a concept of zones . They really think that north of Baseline Road there is far less need for infrastructure than south. They are optimistic that they can reduce those fees north of Baseline. Councilmember Serdy asked how Habitat for Humanity works and if he would be a candidate for that . Mayor Insalaco stated he would not. They have to put in 400 sweat hours, they have to meet the criteria, they have to have a steady job for 2 years, there cannot be any felonies, and there is a whole bunch of stuff. Councilmember Eck commented they buy the land. Mayor Insalaco commented they actually buy the home. They pay the mortgage, there is just no .•. interest . They do not pay the bank; they pay it back to Habitat to Humanity. The money goes into their next subdivision or next place. City Attorney Joel Stern stated there may be a possibility of the CDBG program being of assistance. Staff could possibly direct the applicant there, also. City Clerk Kathleen Connelly stated she believes the new law also says that if there are going to be any fee changes, it has to be noticed at least 60 days in advance . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 13 OF 19 City Attorney Joel Stern stated the current process is different than it was . City Clerk Kathleen Connelly commented they need to understand that there is a time frame here. At the very least they have a 60 day pre-action notification process . Mayor Insalaco called for a motion. Councilmember Eck asked if they make a motion if they do not want to take action. City Attorney Joel Stern stated he has not heard a motion yet . If there is no motion, then the effect of that is no action. After November 13, this will be approved. Councilmember Barker commented it is approval by omission. The next person that comes along could then hold off their appeal until they are within a week or two of that time frame. City Attorney Joel Stern stated this was brought to council weeks ago. Mr Steinke put it on the agenda timely. There has also been a work session item on this . Councilmember Barker stated we did not put it off. Given the same routine where they bring ,- 66. it before council, it is on a work session, and it seems to her that this could be repeated again and again. If we approve this by omission of a vote, then we set another precedent . City Attorney Joel Stern stated that is not the case. It would be a public precedent, but not a legal precedent . Vice Mayor Dietz commented if they do not take any action on this, the only two they have dealt with is a one year period and a two year period in between and that was it . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 14 OF 19 City Attorney Joel Stern stated each case was different. You do not set a legal precedent. They do not have to vote yes or no the next time. Each case is different. It depends on the applicant and it depends on the property and what is being proposed. It also involves the type of housing. They do not set a legal precedent by voting no, yes or taking no action tonight . Councilmember Wilson asked if they could cause a problem if they picked a 10 year window tonight to have this done. City Attorney Joel Stern stated the arbitrary language that he uses scares him a little bit. He would do some research on that. There might be some new law on that saying you cannot even do the year any more. He is not sure and does not have the answer for them tonight. Vice Mayor Dietz commented they will deal with that when they look at the new language for the development fees . Mayor Insalaco called for a motion. Councilmember Coleman MOVED THAT THE APPEAL OF THE DEVELOPMENT FEE ORDINANCE BY JUVER HEREDIA IN THE AMOUNT OF $9, 508 FOR THE RESIDENTIAL FEE FOR PLACEMENT OF A MOBILE HOME ON PROPERTY LOCATED AT 1675 EAST CODY STREET BE DENIED. Councilmember Barker SECONDED THE MOTION. VOTE: 2-5 (Mayor Insalaco, Vice Mayor Dietz and Councilmembers Wilson, Serdy and Eck voted in opposition. ) The motion failed. Councilmember Eck MOVED THAT THE APPEAL OF THE DEVELOPMENT FEE ORDINANCE BY JUVER HEREDIA IN THE AMOUNT OF $9, 508 FOR THE RESIDENTIAL FEE FOR PLACEMENT OF A REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 15 OF 19 Aft. Aft. MOBILE HOME ON THE PROPERTY LOCATED AT 1675 EAST CODY STREET BE APPROVED. There was general discussion on whether this motion was needed. The motion died for lack of a second. Mayor Insalaco closed the discussion and moved on to the next item. Mayor Insalaco called for a five minute recess . Mayor Insalaco reconvened the meeting. He announced that Troop 752 from Apache Junction was also in attendance. OLD BUSINESS None. NEW BUSINESS PRESENTATION AND DISCUSSION ON APACHE JUNCTION TOURISM STRATEGY Economic Development Director Steve Filipowicz briefed the council on the item. Council discussed staffing, destination tourism, and funding resources . Mayor Insalaco closed the _ discussion and moved on to the next item. (Discussion item only - no vote taken) PRESENTATION AND DISCUSSION ON CODE ENFORCEMENT PROTOCOL Development Services Director Brad Steinke briefed the council on the item. Council discussed what a violation is; how the violations are discovered including complaint only, complaint plus passive pro-action, and complaint plus aggressive pro-action such as sweeps; and how the violations are processed including giving someone a reasonable REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 16 OF 19 amount of time to correct the violation or issue a citation and go through the court process. Council members offered comments on the process options provided by Development Services Director Brad Steinke. Mayor Insalaco closed the discussion and moved on to the next item. (Discussion item only - no vote taken) COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, NOVEMBER 15, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, NOVEMBER 16, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Eck SECONDED THE MOTION. VOTE: Unanimous . CALL TO THE PUBLIC: Mr. Ernest Imbeault, 2835 W. Cody, Apache Junction, addressed the council regarding an incident that occurred last week where he was misquoted by a newspaper. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding ecotourism, especially recycling. Mayor Insalaco commented he and Councilmembers Wilson, Barker and Coleman attended the G.A. I .N. event that was also held at Mr. Imbeault' s studio. He was flabbergasted by the local talent and has been talking up the art that can be found in Apache Junction. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 17 OF 19 Amik Amok Mayor Insalaco commented local people are having trouble with their foreclosures because the banks do not want to give them up for what they can sell them for. Councilmember Wilson commented Mayor Insalaco even rode a mule over at the studio. Councilmember Wilson advised one of the reasons the recycling bins were pulled is because people were putting hazardous waste into the bin. They have been experiencing problems with people remodeling their houses and using them as trash containers . A lot of other organizations have the place controlled; this one was not . ADJOURNMENT Mayor Insalaco adjourned the meeting at 9 : 03 p.m. Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of October 19, 2010 . ACCEPTED THIS 16TH DAY OF NOVEMBER, 2010, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF NOVEMBER, 2010 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 18 OF 19 A\ 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 2nd day of November, 2010. I further certify that the meeting was duly called and held and that a quorum was present . Dated this 9th day of November, 2010 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 2, 2010 PAGE 19 OF 19 k Pp AC HE ^ .... +0 City of Apache Junction U 2 dome of the Superstition Mountain,! 4Pizot* g Print TO. City Manager's Office FROM Kathleen Connelly, City Clerk DATE. November 16, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM. Consideration of Fiscal Year 2010-2011 professional services agreements with five human service agencies to provide in-city services in the total amount of$80,000. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: At the November 15 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- 3ECOMMENDATION: Consideration and approval of agreements. ATTACHMENTS: Click to download ❑ cover memo ❑ funding chart ❑ Ordinance No.659 ❑ food bank agreement ❑ boys and girls club agreement D caafa agreement D senior center agreement D smmhc agreement Ap ACHE F ri0 okVeetelw orfitlerlico, Houle of the Superstition Mountains 4Rt ON. NOVEMBER 1, 2010 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R HOFFMAN, CITY MANAGE FROM. KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR NOVEMBER 15 WORK SESSION AND NOVEMBER 16 REGULAR MEETING (FY 2010-2011 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2010-2011 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council The applicants asked to appear before the commission were Community Alliance Against Family Abuse (CAAFA) and Superstition Mountain Mental Health The commissioners felt that it was not necessary to interview the other applicants as they were already familiar with the respective agencies and their funding application provided sufficient information The city received applications from a total of five agencies in the following amounts 1 Apache Junction Reach Out, Inc (Food Bank)$14,400 2 Boys & Girls Club 20,000 3 CAAFA 12,000 /1 4 East Valley Adult Resources 30,000 5 Superstition Mountain Mental Health Center 20,000 Total $96,400 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 Ordinance No 659, 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 2010-2011 1 Apache Junction Reach Out Food Bank-$14,400,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 • Voice(480)982-8002 • FAX (480)982-70I8• i Di)(480)98;-004i • %%%% aicttr net 300 I Superstition Bonkvard Apache Junction AL 85'19 2 Boys & Girls Club (Apache Junction Branch) -$13,600, with the stipulation that the funds be used for Project Learn, an educational enhancement program The funds must be spent on city residents only and quarterly reports must meet city requirements. 3 Community Alliance Against Family Abuse-$12,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, Amok 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-$24,000,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 Superstition Mountain Mental Health Center-$16,000 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, 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 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 15 work session to answer your questions on these recommendations The contracts will be placed on the November 16 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 Ordinance No 659 Funding Comparison Table C' Health and Human Services Commission ) ) HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE FY 2003 FY 2004 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 AGENCY -04 -05 -06 -07 -08 -09 -10 -11 Apache Junction Reach Out Food 15.000 20.000 20.000 20.000 20.000 18.000 14,400 14,400 Bank,Inc 19,000 20,000 20,000 16,000 18,000 14,400 14,400 Boys and Girls Club of Apache Junction NA 35.000 37.500 37.500 36,800 30,000 30,000 20,000 15,000 20,000 18,000 20,000 12,800 11,000 Community Action Human Resources 10.000 10,000 10.000 8.000 8 000 8.000 8.000 NA Agency(CAHRA) 10,000 10,000 10,000 8,000 8,000 6,400 8,000 Community Alliance Against Family NA NA 10,000 NA 15.000 12,000 18.000 12,000 Abuse(CAAFA) 0 12,000 9,600 6,700 East Valley Adult Resources(for 22,000 30.000 52 000 48,000 40.000 43.000 40.000 30.000 Apache Junction Senior Center 22,000 21,000 40,000 32,000 30,000 24,000 24,900 Junior Achievement NA NA NA NA NA 5.000 5 000 NA 0 0 Salvation Army NA NA 18.000 10.000 10.000 NA NA NA 0 6,000 0 Superstition Mountain Mental Health 29.000 29,000 NA NA 17.500 16.000 15.000 20,000 ) 16,000 4,000 12,000 12,800 15,000 United Food Bank NA NA NA NA NA 8.000 NA NA 0 ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CiTY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO 631 AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No 659 be adopted in lieu thereof to read as follows. 1. REQUIRED DOCUMENTATION Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction, complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the City of Apache Junction, 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. 2. 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 ,n their contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's com- pliance with the provisions of the contract ORDINANCE NO. 659 PAGE ONE OF THREE /IN /\ 3 CONTRACT REQUIRED; PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache :,unction and its residents 'n compliance with the provisions of Arizona Revised Statutes regarding the use of public funds.B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY 0111 If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION iV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO 659 PAGE TWO OF THREE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988 NOR N S. HILL Mayor ATTEST (72 KATHLE�NELLY City Clerk APPROVED AS TO FORM. DAV D . ALE City A torney ORDINANCE NO. 659 PAGE THREE OF THREE Asek AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM APACHE JUNCTION REACH OUT, INC THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION 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 Ordinance No 659, 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 2010-2011, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 3, 2010 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 Ordinance No 659, 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 for the emergency needs of City of Apache Junction residents through the provision of emergency food B Provide emergency food assistance to only 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 Page 1 of 8 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 Ordinance No 659, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2011-12 to City on or before January 31, 2011. 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 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 Ordinance No 659 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 2011-12 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 Page 2 of 8 of this agreement H Services Provider's failure to fully meet the requirements of Ordinance No 659 or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. l Any service provider staff responsible for the preparation of the required ow. 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 $14,400 for Fiscal Year 2010-2011 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 $3,600 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 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 Ordinance No 659 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 Page 3 of 8 3. TERM This Agreement shall be effective beginning July 1, 2010 through June 30, 2011, 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 William Dow, 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 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 Page 4 of 8 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 "OW 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 i'► 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 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 Page 5 of 8 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 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 Page 6 of 8 Ark 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 p By Title President CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor Page 7 of 8 ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM / 11� RICHARD J STERN City Attorney ANN Page 8 of 8 EXHIBIT A ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO. 631 AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING Amok AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No. 659 be adopted in lieu thereof to read as follows- 1 . REQUIRED DOCUMENTATION. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction; complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the City of Apache Junction; 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 Amok other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. 2. 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 contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's com- pliance with the provisions of the contract. ORDINANCE NO. 659 PAGE ONE OF THREE 3. CONTRACT REQUIRED, PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache Junction and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption ORDINANCE NO. 659 PAGE TWO OF THREE J1144, owiik — PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988. Am\ ‘ NORMAN S. HILL Mayor ATTEST: KA HLEEN ONN LLY City Clerk v APPROVED AS TO FORM: DAV D ALEXA City A torney Auk ORDINANCE NO. 659 PAGE THREE OF THREE 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 , 2010, 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 Ordinance No. 659, 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 2010-2011, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 3, 2010, 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 Ordinance No 659, 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 the Project Learn program to only 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 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 by the City of Apache Junction City Clerk Amok D Comply with all provisions of Ordinance No 659, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2011-12 to City on or before January 31, 2011 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 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 Ask by Services Provider shall be reimbursed to City Any funds disbursed by Services Provider in violation of Ordinance No 659 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 2011-12 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. Page 2 of 8 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 Ordinance No 659 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 $13,000 for Fiscal Year 2010-2011 for services identified in Section 1, "Services Provider's Duties" B Compensation shall be in equal quarterly payments of $3,400 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 2010-11 human services funding be unable to meet the requirements of Ordinance No 659 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 Page 3 of 8 3 TERM This Agreement shall be effective beginning July 1, 2010 through June 30, 2011, 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 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 Page 4 of 8 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 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 Page 5 of 8 I\ - Ik 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 sok 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 sok 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 Page 6 of 8 /'\ 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 By, Title Local Board President By Title Local Branch Director 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 (-' _A I' 16 RICHARD J STERN City Attorney Page 8 of 8 EXHIBIT A ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO. 631 AND ADOPTING ORDINANCE NO 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS, REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No 659 be adopted in lieu thereof to read as follows. 1. REQUIRED DOCUMENTATION. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction; complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the City of Apache Junction; 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. 2. 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 contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's com- pliance with the provisions of the contract. ORDINANCE NO. 659 PAGE ONE OF THREE 3. CONTRACT REQUIRED, PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache Junction and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. Amik B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY /ftb, If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO. 659 PAGE TWO OF THREE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988. NORMAN S HILL Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: DAV D . ALEXA City A torney ORDINANCE NO. 659 PAGE THREE OF THREE AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM COMMUNITY ALLIANCE AGAINST FAMILY ABUSE THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and 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 Ordinance No 659, 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 2010-2011, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 3, 2010, 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 Ordinance No 659, 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 Amok 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$12,000 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, 2010 attached hereto as Exhibit A B Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider Page 1 of 8 Aionik 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 Ordinance No. 659, attached hereto as Exhibit B. and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2011-12 to City on or before January 31, 2011 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 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 Ordinance No 659 or this agreement shall be reimbursed to City F File quarterly report and required documentation by the deadline set forth in Section F or risk disqualification for health and human services funding for Fiscal Year 2011-12 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 Page 2 of 8 oak Av. 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 Ordinance No 659 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 $12,000 for Fiscal Year 2010-2011 for services identified in Section 1, "Services Provider's Duties" B Compensation shall be in equal quarterly payments of $3,000 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 2010-11 funding be unable to meet the requirements of Ordinance No 659 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 Page 3 of 8 ANN 3 TERM This Agreement shall be effective beginning July 1, 2010 through June 30, 2011, 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 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 Page 4 of 8 oink Aft. 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 An lok 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 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 Page 5 of 8 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 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. Page 6 of 8 Am% Adak 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 Amok 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 CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk Page 7 of 8 APPROVED AS TO FORM C- -MID RICHARD J STERN City Attorney Page 8 of 8 p Z \ CAAFA Community Alliance Against Family Abuse y� R ' Empowering individuals, families and communities affected by domestic abuse January 14,2010 Ms Kathleen Connelly,City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction Al 85219 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 2010-2011 CAAI A has been supporting victims of domestic abuse in Apache Junction since 1998 C'AAFA'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 2009 statistics from the Apache Junction Police Department, •O,mcitcV,o ^`eArrests calls for assistance from victims of DomMUr r domestic violence increased 30% 2009 Reports taken over the previous year The number ■Donestlt V+ole,ce Calls to ServIce of police reports taken also increased 2006 by 38%and the number of domestic violence arrests saw an astounding 0 50 100 150 200 250 increase of 44%(see graph). Domestic abuse has a large impact in Arizona Last year alone over 1 t 0 Arizonans were killed due to domestic violence One of these deaths took place in Apache Junction and involved both CAAFA and the Apache Junction Police Department CAAFA received a call from a 'ictim reporting abuse and the threat of murder Working collaborative with CAAFA and the AJPD, an order of protection was obtained and served and the victim and her children were transported to CAAI A's safe house Unfortunately the abuser took his own life in this situation but the Ines of others were saved It is imperative that we reach community members with non-violence education, support, and information about mailable domestic abuse services and resources in our community. PO 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 EX Ella'IT, A effN CAAFA addresses domestic abuse using four approaches — prevention, inten ention, community collaboration, and perpetrator accountability Intended Use of Funds CAAFA would like to request a total funding amount of S 12,000 dollars to be reimbursed on a unit cost basis for the intervention programs CAAFA offers as outlined below Historically, approximately 28% -41%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 #, address, and residency verification in the form of a copy of driver's license, utility bill, lease voter registration card, or Arizona ID 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 sen ices 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 28%of the women being served residingeIN in the City of Apache Junction 18% 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 $5,200 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 PIN 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 15 residents for a total of 47 units (typically 2-5 hours/person) of services CAAFA would like to propose $35/service unit. Estimated request S1,645 3) General Advocacy Services CAAFA's Victim Advocates arc trained to assist victims affected by domestic 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$12,000. 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 6/30111 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, f?J Most recent audit report for the year ended June 30, 2008 ICJ Most recent financial statement O Detailed expenditure statement ® List of funding received from all sources 0 Client service information • Internal Revenue Service non-profit letter ® Proof of corporate status including by-laws and articles of incorporation e ® Funding received from other governmental agencies H Names and addresses of current agency goveming board members H Line item agency budget 121. List of pending applications for funding and dollar amount Thank 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 CourtneyL@caafaaz.org if you have any questions or require additional information Sincerely, 602 Courtney Langer, MC, LIS AC, LAC Executive Director /01 EXHIBIT B ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO. 631 AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No. 659 be adopted in lieu thereof to read as follows: 1 REQUIRED DOCUMENTATION. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction; complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the City of Apache Junction, 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 ogftik 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. 2. 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 contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's com- pliance with the provisions of the contract. ORDINANCE NO. 659 PAGE ONE OF THREE 3. CONTRACT REQUIRED; PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache Junction and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO. 659 PAGE TWO OF THREE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988. NORMAN S. HILL Mayor ATTEST. dz.-----2-C KATHLEEN CONNEtY /' City Clerk APPROVED AS TO FORM: DAV D . ALEXA City A torney ORDINANCE NO. 659 PAGE THREE OF THREE / 'r ,0r4k AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM EAST VALLEY ADULT RESOURCES THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and 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 Ordinance No 659, 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 2009-2010, and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 3, 2010, 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 Ordinance No 659, Section I (3), 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 /•14k 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 8 B Provide congregate or home-delivered meals only 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 Auk 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 Ordinance No 659, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2011-12 to City on or before January 31, 2011 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. Amok 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. 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 Ordinance No. 659 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 Page 2 of 8 funding for Fiscal Year 2011-12 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 Ordinance No 659 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 $24,000 for Fiscal Year 2010-2011 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 $6,000 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter AwiN 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 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 Page 3 of 8 /► 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 2010-11 funding be unable to meet the requirements of Ordinance No 659 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, 2010 through June 30, 2011, 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 Ask 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 Page 4 of 8 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 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 Page 5of8 - ^ o►, 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 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 Page 6 of 8 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 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 Page 7 of 8 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 Insaiaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney Page 8 of 8 FIXH 113I 1' A ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO. 631 AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS; REPEALING CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No. 659 be adopted in lieu thereof to read as follows. 1 . REQUIRED DOCUMENTATION. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction, complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions, client service information as it applies to residents of the City of Apache Junction; 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. 2. 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 contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's corn- pliance with the provisions of the contract. ORDINANCE NO. 659 PAGE ONE OF THREE 3 CONTRACT REQUIRED, PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache Junction and its residents in compliance with /nik the provisions of Arizona Revised Statutes regarding the use of public funds. B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO. 659 PAGE TWO OF THREE /'\ PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988 NORMAN S. HILL Mayor ATTEST J ' KATHLEELELLY City Clerk APPROVED AS TO FORM• DAV D . ALEXA City Attorney /61 ORDINANCE NO 659 PAGE THREE OF THREE Is Pk AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, INC THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City")and SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, INC , a health and human services provider ("Services Provider" ) for the City's human services m. program WHEREAS, pursuant to Apache Junction City Code("AJCC")Volume I,Article 2-11 Health and Human Services Commission, and Ordinance No 659, 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 2010-2011; and WHEREAS, the Commission has submitted its recommendations to the City Council; and WHEREAS, on August 3, 2010, 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 Ordinance No 659, 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 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 C Provide these mental health services to only residents of the City of Page 1 of 8 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 Ordinance No 659, attached hereto as Exhibit A, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2011-12 to City on or before January 31, 2011 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 The City Clerk will prescribe the format in r� 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 Ordinance No 659 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 funding for Fiscal Year 2011-12 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 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 Ordinance No 659 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 $16,000 for Fiscal Year 2010-2011 for services identified in Section 1, "Services Provider's Duties" B Compensation shall be in equal quarterly payments of $4,000 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 2010-11 human services funding be unable to meet the requirements of Ordinance No 659 or the terms of their respective agreement, any Page 3 of 8 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, 2010 through June 30, 2011, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING Services Provider shall bill City in the /EN 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 Superstition Mountain Mental Health Center, Inc P.O. 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 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 Page 4 of 8 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 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 Page 5 of 8 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 to 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 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. Page 6 of 8 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 oak SERVICES PROVIDER SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER, INC By Title Chairperson/President By Title Executive Director 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: C IN ' (0 RICHARD J STERN City Attorney Page 8 of 8 '0% Am\ EXHIBIT A ORDINANCE NO. 659 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO 631 oft, AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION, AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That Ordinance No. 631 be repealed and that Ordinance No. 659 be adopted in lieu thereof to read as follows: 1 . REQUIRED DOCUMENTATION: Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documenta- tion 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 of Apache Junction; complete information on the source and amount of funding received from all other sources such an non-governmental agencies, membership fees and dues, and private contributions, client service information as it applies to residents of the City of Apache Junction, 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 Amok 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. 2. 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 contractural agreement with the City of Apache Junction, and any other documentation as mey be deemed necessary by the city in order to determine the agency's com- pliance with the provisions of the contract. ORDINANCE NO. 659 PAGE ONE OF THREE 1 3. CONTRACT REQUIRED; PROCEDURE FOR DISTRIBUTION OF FUNDS A. 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 of Apache Junction and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. B. All city funds allocated or granted under the provisions of this ordinance shall be released in equal quarterly install- ments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and City 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. 4. 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 City Council and only following adoption of a final budget for the subsequent fiscal year. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY ^ If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effec- tive immediately, an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. ORDINANCE NO. 659 PAGE TWO OF THREE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988. SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER , 1988 NORMAN S HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: \ ,1kMd- DAV D . ALEXA City Attorney Auk ORDINANCE NO. 659 PAGE THREE OF THREE (110.0 IE) Ilk U ccily of Apache juncaan Home of the super:stition Mountains4„,,zo�w g Print TO: City Manager's Office FROM: James Hazel, City Magistrate DATE: November 16, 2010 IIMrnik Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM- Consideration of defense attorney contracts ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: One of three contract defense attorneys has opted to terminate her contract with the City. Judge Hazel respectfully requests the Council to authorize him to execute amended contracts with the remaining two defense attorneys FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: RECOMMENDATION: approval ATTACHMENTS: Click to download ❑ Staff report ❑ Pearlman amended contract 121 Lachemann amended contract APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD.,APACHE JUNCTION,AZ 85119 480-982-8250 DATE: November 1, 2010 TO: Mayor and City Council FROM: James W. Hazel Jr. RE: Court Appointed Attorney Contracts I am submitting this memo to ask that you grant me the authority on the consent agenda to sign a modified court appointed attorney contract The reason a change in contract was necessary was one of the attorneys, R.Neil Miller,has resigned from the contract to accept full time work with Pinal County. The change splits Ms. Miller's workload among the two remaining attorneys The contract change will increase the monthly payment to the two remaining attorneys however,the overall cost to the city will remain the same No additional public funds will be needed because of these changes. Contract defense attorneys are necessary at the court as the U.S. and Arizona Constitutions require the appointment of an attorney for those indigent criminal defendants who face the possibility of jail time or probation with the potential of jail. If I can be of further assistance please contact me FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM J PEARLMAN FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MAGISTRATE COURT THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and WILLIAM J PEARLMAN, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties". RECITALS A On or about July 1, 2009, a Professional Services Agreement (the "Agreement") was entered into between the Parties to receive magistrate court defendant legal representation services. B Three defense attorneys were initially appointed by the Court to provide such services. C. One of the three court-appointed attorneys unexpectedly accepted a position with another agency and it is now agreed that the remaining two attorneys will assume the work of the departing attorney. D Having only two contract defense attorneys is more efficient for the Court from a judicial and administrative perspective E Mutual interest exists to amend this Agreement by 1) expanding the allowable caseload of each remaining attorney; 2) dividing the compensation for the third attorney equally between the two remaining attorneys, and 3) extending the term of the two remaining attorneys until 2012 AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth below: A) Section 2 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision. SECTION 2 ALLOWABLE CASELOAD No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one- half of one appointment for each additional municipal court case associated with each assigned defendant B) Section 4 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision SECTION 4 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows Attorney shall receive compensation in the amount of $20,700 00 annually, payable at a monthly rate of $1,725 00 per month, billable at the end of each month of service Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160.00 per case Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid If Attorney is present for pretrial for multiple defendants, the time charged the court is to be divided by the number of defendants. C) Section 5 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision. SECTION 2 TERM This Agreement shall be effective beginning November 17, 2010 and shall continue through June 30, 2012, subject to the Termination provisions set forth in Section 9 of this Agreement D) All other terms and provisions of the Agreement executed by the Parties on or about July 1, 2009 shall remain in full force and effect at the Presiding Magistrate's discretion or until this Agreement is otherwise terminated [SIGNATURES APPEAR ON NEXT PAGE] 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. ATTORNEY. By William J Pearlman CITY OF APACHE JUNCTION, an Arizona municipal corporation By JAMES W HAZEL Presiding Magistrate APPROVED AS TO FORM RICHARD J. STERN City Attorney 3 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH JAMES F. LACHEMANN FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MAGISTRATE COURT THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and JAMES F LACHEMANN, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties" RECITALS A On or about July 1, 2009, a Professional Services Agreement (the "Agreement") was entered into between the Parties to receive magistrate court defendant legal representation services. B. Three defense attorneys were initially appointed by the Court to provide such services C. One of the three court-appointed attorneys unexpectedly accepted a position with another agency and it is now agreed that the remaining two attorneys will assume the work of the departing attorney D. Having only two contract defense attorneys is more efficient for the Court from a judicial and administrative perspective E Mutual interest exists to amend this Agreement by. 1) expanding the allowable caseload of each remaining attorney, 2) dividing the compensation for the third attorney equally between the two remaining attorneys, and 3) extending the term of the two remaining attorneys until 2012 AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth below. A) Section 2 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision SECTION 2 ALLOWABLE CASELOAD No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one- half of one appointment for each additional municipal court case associated with each assigned defendant B) Section 4 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision SECTION 4 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows. Attorney shall receive compensation in the amount of $20,700 00 annually, payable at a monthly rate of $1,725 00 per month, billable at the end of each month of service Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole compensation for conducting such appeal Any additional cases assigned above this annual amount shall be compensated at $160 00 per case Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged the court is to be divided by the number of defendants. C) Section 5 of the Agreement executed on or about July 1, 2009 shall be replaced with the following new provision. SECTION 2 TERM This Agreement shall be effective beginning November 17, 2010 and shall continue through June 30, 2012, subject to the Termination provisions set forth in Section 9 of this Agreement. D) All other terms and provisions of the Agreement executed by the Parties on or about July 1, 2009 shall remain in full force and effect at the Presiding Magistrate's discretion or until this Agreement is otherwise terminated [SIGNATURES APPEAR ON NEXT PAGE] 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written ATTORNEY. By. James F Lachemann CITY OF APACHE JUNCTION, an Arizona municipal corporation By. JAMES W HAZEL Presiding Magistrate APPROVED AS TO FORM RICHARD J. STERN City Attorney 3 �pACH r •m• .� ofApache jum;0n Home of the Supercittion iou,ii ens istrzotI* g Print TO: City Manager's Office FROM. Kathy Connelly, City Clerk DATE. November 16, 2010 Agenda Type • Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of intergovernmental agreement with Final County for election and voter registration services for the March 2011 and May 2011 elections ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: This agreement is required to obtain required election-related services from Final County. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES. 'RECOMMENDATION• ATTACHMENTS: Click to download ❑ cover memo and agreement Q`;AL., PINAL COUNTY RECORDER te� 5 31 N FINAL ST BLDG E-PO BOX 848 \i\to FLORENCE.AZ 85232-0848 520-866-6830 FAX. 520-866-6831 • j LAURA DEAN-LYILE BARBARA 1 KEILY RECORDER CHIEF DEFVrY Su6�ect: Intergovernmental Agreements In order to supply your City, Town, or District with Election and Voter Registration services, the attached Intergovernmental Agreement(IGA)must be completed. Make sure to complete all applicable areas and obtain signatures from the appropriate parties(including your legal counsel) Please return the IGA as soon as possible so that the remaining signatures can be obtained. Upon completion, please return the IGA to the address listed on the upper right hand corner of the agreement. To ensure that all statutory and legal requirements are met (by all parties), we strongly suggest that the signed IGA is in our office at least one hundred twenty days prior to the election date. After all signatures have been obtained, you will receive an approved copy. If you have any questions, please contact our Voter Registration Department at 520 K66- 6861. Florence Office Voter Registration 520-866-6850 Casa Grande Satellite Office- Recordings 520-866-7486 Florence Voter Outreach Coordinator 520-866-6867 820 E Cottonwood La A-2 Cap Grande Fax 520-866-7487 Florence Voter Registration Fax 520-866-6842 Apache Junction Satellite Office Recordings 480-983 7038 or 520-866.6179 Florence Office TDD Phone 520-866-6851 575 No Idaho Rd Suite 110 Apache Jet_ Fax 520-866-6190 To be coaupkted by Cny/rewa&Ditnet: Completed Agent filed and retuned to. Contact 68me Pmal County Recorder Tide Voter Registration Dept — — --- P 0 Box 848 Add Florence,AZ 85232 Phone Number INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF SERVICES BY THE PINAL COUNTY RECORDER AND ELECTIONS DEPARTMENT THIS AGREEMENT is entered into this / ' day of/)'` ' /',- ,20 / - between Pinal County,a political subdivision of the State of Arizona,hereinafter referred to as "County",and (;;> 7A//rri� f.�l z i-ll,hereinafter referred to as"City/Town/District." WHEREAS,Arizona Revised Statutes 11-952 allows public agencies to contract for services and enter into agreements,and, WHEREAS,City/Town/District may hold Special/Regular elections for bond issues,recalls, overrides,etc.pursuant to A.R.S. 9-523, 15-481, 15-491, 19-201 et seq. and other relevant statutes. and, WHEREAS,County is authorized,pursuant to A.R.S. 11-251 (3), 16-172,and 16-511,et seq.,to perform services concerning elections; and, WHEREAS,County and City/Town/District have determined that the use of certain services of the Pinal County Elections Department and the Pinal County Recorder's Office is in the public interest, and the County agrees to provide such services. NOW,THEREFORE, in consideration of the mutual covenants of and stipulations set forth herein,the parties agree as follows 1. Purpose.The purpose of this Agreement is to secure the services of the County for the preparation and conduct of /i �', 1 c' �. ;_,>` , 7 election(s)to be held on ' 7'Z, '; .*// . Nam,off tlo Date f / - 1 - 2. The Services provided by County Elections Department are: a. Prepare ballot formats for the City/Town/District to be approved by the Jurisdiction. b. Provide the sample ballots with the City/Town/District measures' positions according to precincts within the boundaries of the City/Town/Distnct. c Provide sample ballots,if required,for public distribution and issue them through the City/Town/Distnct. d. Provide ballots to be used in each precinct,which will allow qualified electors to vote for the City/Town/District Candidates and/or Measures e. Tally official results of the elections,utilizing paper ballots or electronic ballot counting equipment as mutually agreed upon between City/Town/District and County. f. Cause the precinct election boards to utilize the copies of precinct registers,prepared from the records of the County Recorder, for the purpose of identifying the electors qualified to vote in the above-mentioned election 3. The Services provided by County Recorder art: a. Provide copies of precinct registers of qualified electors for precincts contained partially or wholly within the City/Town/District limits. Said registers shall be prepared from the voter registration records of the County Recorder. b.EARLY VOTING-Please designate below Erg -Check this block if you want the County Recorder to handle all Early Voting functions. Check this block if City/Town/District will be conducting Early Voting. If this block is checked,the County Recorder will provide the following: -ballot supplies to the City/Town/District needed to conduct Early Voting -the City/Town/District with a list of qualified electors who are eligible to vote early, such lists are to be used solely by the City/Town/District for EarlyVoting,or such other purposes as may be specifically authorized by law. Said lists shall be generated from the voter registration records of the County Recorder - list of permanent early voters that are to automatically be mailed an early ballot without being required to submit a early ballot request -2- Agmb.. AO Elk 4. Obligation of City/Town/District. The City/Town/District or designate thereof agrees to: a. Provide the Elections Department with a certification of the measures to appear on the official ballot for the Special/Regular election. b Provide a certified list of measures and the order of appearance of the measures to the Elections Department ninety days(90)prior to the election. c. Provide the City/Town/District limits to Voter Registration Department(boundaries in a written format that may include a map)ninety(90)days prior to the election. d. This paragraph applies only to City/Towns/District that handle their own Early Voting- Provide the County Recorder, upon receipt and prior to processing early ballots,copies of the complete Applications of Early Ballots for signature comparison by the County Recorder or other officer in charge of elections as required by A.R.S. 16-550(A). These copies can be provided by mail,hand delivery,or facsimile transmission as time constraints dictate e Pay to County,on a reimbursable basis,all costs of personnel,election materials,and supplies expended by County pursuant to this Agreement.City/Town/District will make said payment to County within fourteen(14)days after presentation by County of demand for said payment. f. lithe Cityftown/District chooses to conduct their own early voting,a list of all"Inactive Status"electors who voted in the election pursuant to A.R.S. 16-583 shall be provided. g Agree to be a point of contact regarding conditional provisional ballots-in that a voter of a conditional provisional ballot can take an acceptable type of personal identification to qualify the subject conditional provisional ballot;document what type of identification is provided mcliriuting any identification numbers and issue dates:provide a daily receipt of identification forms from conditional provisional ballot holders by City/Town/district clerk offices that will be forwarded to the Voter Registration Office. This can be done by fax or hand-carried. Ask S. Manner of Financing and Budgeting. Each party represents that it has sufficient funds available in its current fiscal year budget to discharge the funding obligation imposed by this Agreement, and agrees that such funds shall be solely available therefore 6. Termination.This Agreement shall terminate upon all matter connected with the election being resolved,legal challenges excepted,or upon written notice by either party to the other within thirty (30)days of the effective date of this Agreement Should the election herein be challenged or questioned for any reason whatsoever,then in such event,City/Town/District shall be solely responsible for -3- defending,legally or otherwise,said election. 7. Indemnification of County City/I'own/District further agrees to indemnify,to defend and to hold harmless the County, including but not limited to all of its agencies and personnel thereof from any and all actions,causes of action,claims,demands,damages,costs,expenses,attomey's fees,on account of or in any way growing out of an accident, incident,or occasion which might arise as a result of this Agreement,except those arising from the sole negligence of the County's participation in the election. The City/Town/District specifically agrees to insure and mdemmfy the County against any and all damage or loss to any of the electronic ballot tallying equipment or other County property, which may occur due to the fault of negligence of any person other than the County. The value of the electronic ballot tallying system is hereby agreed to be the then current cost of similar new equipment Further, it is hereby agreed by and between the County and the City/Town/District that in the event it is necessary to repair the electronic ballot tallying equipment,such repair will be done under the supervision of qualified County personnel,for which the Cntyffown/Dnstnct agrees to reimburse the County for its actual costs incurred. 8. Effective Date and Term of Agreement.This Agreement shall be effective after filing same with the Pinal County Recorder pursuant to A R.S 11-952(F),and shall terminate as provided in 6 above. 9. Equal Employment Opportunity County will comply with applicable Equal Employment Opportunity contract enactments. 10. Severability. If any provisions of this Agreement or application thereof to the County, City/Town/District,person or circumstances is held invalid;such invalidity shall not affect other provisions or applications of this Agreement,which can be given effect, without the invalid provision or application and to the end the provisions of the Agreement are declared to be severable. -4- IN WITNESS WHEREOF,the parties hereby have executed this Agreement the day and year first above written CITY/TOWN/DISTRICT OF: PINAL COUNTY Printed Name BY: Laura Dean-Lytle Pinal County Recorder BY: Name/Title Pinal County Board of Supervisors ATTEST: BY: Chairman BY: City/Town/District Clerk ATTEST: Approved as to form: And within the powers and authority granted under the BY: laws of this State to the District ' Clerk, Board of Supervisors BY: clgt 10 • ,2 • 10 City/Town/District Attorney Approved as to form: /'N BY: Deputy County Attorney S AVOTERSkintergoveremiental Agieeanents\Forvr4o ' icts 09-0g-09 doc -5- I0 6,►C { it_ GO of Apache juncteon Home of the St/pent/row Mouniatny 4P/zo1°. cel Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: November 16, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: Consideration of agreement with Arizona Republic for legal advertising for 2011 ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: State law prohibits use of the local weekly papers because they do not meet the statutory definition of "newspaper" The agreement with the Arizona Republic will allow the city to meet statutory requirements. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: ►RECOMMENDATION: ATTACHMENTS. Click to download d cover memo and attachments AO"kb, IaMIN PQ ACHTo Wry e,Vteleheic 14M110/11/ Bonze of t/le SUf)e!'St/tlon Afountuin.s qR ONR NOVEMBER 3, 2010 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK I"" SUBJECT LEGAL ADVERTISING AGREEMENT (WORK SESSION OF NOVEMBER 15, 2010, CONSENT AGENDA OF NOVEMBER 16, 2010) State law requires that we publish certain legal notices such as election matters public hearings, bids, etc (A R S § 39-204). The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A R S § 39-201) This statute prohibits the use of our two weekly papers The Mesa Tribune no longer has paid subscribers or paid delivery within the city The Arizona Republic does meet statutory requirements. We have not yet received the proposed agreement for 2011 but have been told verbally that there will likely be no rate changes The new agreement will be provided as soon as we receive it Attached is the proposed agreement for 2010 which includes the following rates Mesa Republic -to$0 33 per line per day; up from$0 30 per line per day Arizona Republic -to$0 80 per line per day, up from$0 75 per line per day Please let me know if you have any questions • Voice 080)982-8002 • IAX (480)982-7018 • I Di)(480)98+-009i • %se.%% atcttti net 300 F "uperqrtion Bouioard •lpache Junction AL 85219 I-oimat Document Page 1 of I ARS]IT EPAGE NEXT CKJME',' PREP"CUSOCc.YEt;' 39-201. Definitions A. In this chapter, unless the context otherwise requires, "newspaper" means a publication regularly issued for dissemination of news of a general and public character at stated short intervals of time Such publication shall be from a known office of publication and shall bear dates of issue and be numbered consecutively It shall not be designed primarily for advertising, free circulation or circulation at nominal rates, but shall have a bona fide list of paying subscribers. B "Newspaper" shall not include a publication which has not been admitted under federal law as second-class matter in the United States mails for at least one year Amok http `vv NA v% ar_leo go\ orn1atDocument asl) format==print&in1)oc rars 39/0O20I litre ..Till 112 2010 Amok Format Document Page 1 of 1 HF:`,i 11TLE PAGE. NEXT EpCJME'.' PRE':;;;US CCCvVEhT 39-204. Publication of notice, time, place A. When publication of a notice in a newspaper is directed or authorized by law, it shall be in a newspaper of general circulation printed in English. B. If the number of times the notice is to be published is not specified, publication shall be 1 If in a weekly newspaper, once each week for two consecutive weeks. 2. If in a daily newspaper, four consecutive times C. If the place of publication of the notice is not specified, publication shall be. 1. If by a state officer, board, or commission, in a newspaper printed and published within the county where the state capital is located. 2. If by a county officer, board, or commission, or by any person in a county, in a ^, newspaper printed and published within such county. If no such newspaper is printed and published within the county, publication may be made in a newspaper of general circulation in the county which is printed in an adjoining county 3 If by a district, city or town officer, board or commission, or by any person in a district city or town, in a newspaper printed and published within the territorial limits thereof. If no such newspaper is printed and published within the limits thereof, publication may be made in a newspaper printed and published in the county in which the district, city or town is located /'"4, hitp ‘N arleg gov'Formatl)ocument asp''inl)oe-tars/39/00204 htnl&Title—39&l)oc 1 I 1 2/20 I 0 I ormat Document Page 1 of 1 ARS TITLE PAGE PREVICUS DOCUMENT 39-221 Price for printing, size of type A The maximum price which shall be paid for public printing and advertising, and for publications required by law, shall be at a rate per column inch, per insertion, charged for legal advertising as shown by the local rate card of the newspaper in which publication is to be made B Unless otherwise specifically provided by law, the type used for such publications and legal advertising shall not be larger than the regular body type of the newspaper in which it is published http '!VI NAN azleg gov/FormatDocument atip`'inDoc- tars/39/0022I htm&FitIe=19&DoL i v II/2'2010 Legal Advertising Agreement Phoenix Newspapers, Inc . publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year eN commencing on January 1, 2010- December 31, 2010 j Publication {Zone i Zone Days J Ad Agreement j Pub I Distribution ' Submission Rate Deadlines 1 I (Liner Ads Wednesdays = prior Thurs Mesa #15 30,167 by Noon Republic $ 0 33 / (ZIP CODES Fridays = Monday by per Line / COVERED FOR Noon per day APACHE JUNCTION 85218.85219. Saturdays = Monday by 85220) I 1 5pm Arizona Mancopa Thursdays = prior Friday $ 0 25/ Business County by Noon per Line Gazette Sunday =Wednesday j i by Noon 1 Monday Wednesday Arizona by Noon Republic Full Run Tuesday =Friday by Classifieds Noon *$0.80 per line/pe'day Wednesday =Monday by . Noon i Thursday Tuesday by Noon Friday , Wednesday __ I by Noon Saturday =Thursday by Noon 'Arizona Republic(ROP)Classifieds publication option available at this rate only for notices that-equine(our w secutwe publication dates Purchasing Bid notices or notices requiring immediate p„b:tcahon as mandated by statutes > Pricing includes online postings to these public notice web listings(azcentral corn LegalNotice org, and PubhcNoticeAds corn) All legal notice advertising wilt be typeset in 5 5 point type at 14 lines per inch Invoicing statements for the account will be at the end of each month based on ad expiration dates Notices appeanng in the Mesa Republic Community Classified section will be under the heading of"Legals" Two affidavits of publication will be supplied for each notice published Ali publication requests should be E-mailed to legal.advertisrng@pni.corn Contact person(s) for ad placement • Marilyn Greenwood, Sr. Legal Ad Rep, 602-444-7318 • Mark Gilmore. Legal Ad Rep 602-444-7333 City of Apache Junction Phoenix Newspapers, Inc Signed Signed Printed Name Pnnted Name Joe Liston Title Title Sr Advertising. Manager Date Date _ Janet Mason From: Sheppard, Ondrea [OSheppard@republicmedia corn] Sent. Monday, November 08, 2010 3 57 PM To: Janet Mason Cc Liston, Joe, Gilmore, Mark Subject: Apache Junction Legal Advertising Agreement Attachments: Legal Advertising Agreement 2011.docx Hi Janet, ,p Per our conversation on Friday attached is the agreement for 2011 Please let us know if the City Council approves and send back with signatures If you have questions please let us know As always we enjoy doing business with you Have a great day! Ondrea Sheppard Supervisor, Arizona Business Gazette P. 602.444.7377 F. 602 444.7346 OSheppard@republicmedia corn Enjoy up to 90% savings at local restaurants, events, service providers and retailers' Sign up at dealchicken corn today' i Legal Advertising Agreement 11/8/2010 Phoenix Newspapers, Inc , publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year Adalik commencing on January 1, 2011- December 31, 2011 Publication Zone# Zone Pub Days Ad Agreement Distribution Submission Rate Deadlines (Liner Ads) Wednesdays = prior Thurs. Mesa #15 35,007 _�. by Noon Republic $ 0.33 / (ZIP CODES Fridays = Monday by per Line /COVERED FOR Noon per day APACHE JUNCTION. Source.ABC Fas- 85218,85219, Fax 2009 Saturdays = Monday by 85220) 5 p m Arizona Maricopa Thursdays = prior Friday $ 0.25 / Business County by Noon per Line Gazette Sunday =Wednesday by N oon...._......._.___._.... Monday =Wednesday Arizona by..._Noon........._ Republic Full Run Tuesday =Friday by Classifieds Noon *$0.80 per line/per day Wednesday =Monday by Noon Thursday =Tuesday by Noon Friday =Wednesday _by Noon /O--. /Mak Saturday =Thursday by Noon *Arizona Republic(ROP)Classifieds publication option available at this rate only for notices that require four consecutive publication dates,Purchasing Bid notices,or notices requiring immediate publication as mandated by statutes > Pricing Includes online postings to these public notice web listings (azcentral corn, LegalNotice org, and PublicNoticeAds corn). All legal notice advertising will be typeset in 5 5 point type at 14 lines per inch Invoicing statements for the account will be at the end of each month based on ad expiration dates. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notice Ads". Two affidavits of publication will be supplied for each notice published All publication requests should be E-mailed to: legal.advertising@pni.com Contact person(s) for ad placement • Mark Gilmore, Sr. Legal Ad Rep, 602-444-7333 • Legal Advertising Main Line, 602-444-7315 City of Apache Junction: Phoenix Newspapers, Inc.: Signed Signed Printed Name. Printed Name Joe Liston Title Title: Advertising. Manager Date Date ° A ity of ache Juncdon Home of the Superstition 1t1 ountaziz.s 4PIZOK* Print TO: City Manager's Office FROM: Giao Pham, P.E. City Engineer DATE November 16, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Approval of Intergovernmental Agreement with Maricopa County for Traffic Signalization and Intersection Improvements at Southern Avenue and Meridian Rd. ACTION REQUESTED. Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff would like to enter into an intergovernmental agreement with Maricopa County for traffic signalization and intersection improvements at Southern Avenue and Meridian Road FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION Approval. ATTACHMENTS: Click to download ❑ Memo to Council ❑ Resolution 10-40 Alms. 4(-') E ACH ✓ • 4. Public Works Department et,+ €2/4"464 ihv,friez..etos Home of the Superstition Mountains 4firz 00.1 Date* November 4, 2010 To Mayor and Members of the City Council Through- George Hoffman, City Manager David Fern, Public Works Director From Giao Pham, City Engineer Subject. Intergovernmental Agreement with Mancopa County Mancopa County initiated a project scalping study in April 2009 to assess the intersection of Southern Avenue and Meridian Road It was determined at that time that the intersection met warrants for the installation of a traffic signal. Installation of a traffic signal at this intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and guardrail on the west approach to the intersection. Right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the intersection The current estimated total cost for the Project is $2 7 Million Construction of the Project is anticipated to begin in FY2013. Upon substantial completion and acceptance of the Project, the City shall remit payment to the County for 50% of the total Project costs or$700,000, whichever is less Maricopa County and City staff developed the enclosed IGA for City Council's consideration as a continuance of this effort. This agreement will capitalize on joint savings for Intersection and Drainage Improvements 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480)982-1055 • FAX (480)983-5752 or(480) 982-8005 RESOLUTION NO. 10-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY (DEPARTMENT OF TRANSPORTATION) FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD. OIN WHEREAS, A.R.S. §§ 11-251 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County; and WHEREAS, A.R.S. § 11-951 et seq authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action, and WHEREAS, in April 2009, the County initiated a scoping study to assess the intersection of Southern Avenue and Meridian Road (the "Intersection") , and it was determined that the intersection meets warrants for the installation of a traffic signal, and WHEREAS, the Intersection is partially located within the City of Apache Junction (the "City") corporate limits and also the County' s jurisdiction; and WHEREAS, installation of a traffic signal at the Intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and a guardrail on the west approach to the Intersection (the "Project") , and WHEREAS, right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the Intersection; and WHEREAS, the current estimated total cost for the Project is $2 7 million, $700, 000 of which will be the City' s responsibility; and WHEREAS, construction of the Project is anticipated to begin in fiscal year 2013; and RESOLUTION NO 10-40 PAGE 1 OF 2 WHEREAS, the County and the City have created an agreement that identifies and defines the responsibilities of each party for cost sharing, design, environmental clearance, utilities and utility relocation, construction, construction management, and right-of-way acquisitions of the roadway. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS. oak 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2010 . SIGNED AND ATTESTED TO THIS DAY OF , 2010 JOHN S INSALACO Mayor ATTEST: oink. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 10-40 PAGE 2 OF 2 AllMs IN. ATTACHMENT A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD (MCDOT Project #TT315) (C-91-11- -2-00) This Intergovernmental Agreement ("Agreement") is between the County of Mancopa, a political subdivision of the State, acting through the Mancopa County Department of Transportation ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City") The County and the City are collectively referred to as the "Parties" or individually as a "Party" This Agreement shall become effective as of the date it is approved by the Mancopa County Board of Supervisors and may be recorded with the Mancopa County Recorder. STATUTORY AUTHORIZATION 1 A R S §11-251 and §§28-6701 et seq authorize the County to layout, maintain, control and manage public roads within the County 2. A.R.S. §§11-951 et seq authorize public agencies to enter into Intergovernmental '� Agreements for the provision of services or for joint or cooperative action. BACKGROUND 3 The County initiated a project scoping study in April 2009 to assess the intersection of Southern Avenue and Meridian Road It was determined at that time that the intersection met warrants for the installation of a traffic signal. 4 Installation of a traffic signal at this intersection requires geometric improvements to add left turn lanes, upgrading of drainage facilities, pedestrian ramps and guardrail on the west approach to the intersection. 5 Right-of-way acquisitions will be required for the northwest, northeast and southeast corners of the intersection Page 1 of 7 6. The current estimated total cost for the Project is $2.7 Million 7. Construction of the Project is anticipated to begin in FY2013. PURPOSE OF THE AGREEMENT 8 The purpose of this Agreement is to identify and define the responsibilities of the County and the City for the cost sharing, design, environmental clearance, utilities and utility .�. relocation, construction, construction management, and right-of-way acquisitions of the roadway. TERMS OF THE AGREEMENT 9. Responsibilities of the County: 9.1 The County shall coordinate with the City for all phases of the Project. 9 2 The County shall provide to the City a set of final 100% sealed plans and specifications. 9.3 The County shall act as lead agency for the Project to include, but not be limited to, design, environmental clearance, utilities and utility relocation, construction and construction management of this Project 9 4 The County shall take the lead in creating the required documents for right-of-way acquisitions and will manage the overall acquisition process, and if necessary assist in negotiations for final right of way. This process will include, but not be limited to, obtaining the title reports, drafting the legal descriptions, and completing the appraisals for the Project area. i. The County will be responsible for completing the right-of-way acquisition on the northwest corner of the Project area, including utilizing condemnation if necessary. ii The County will obtain title reports, draft the legal descriptions, and will complete appraisals for all three corners of the intersection. 9 5 Upon substantial completion of the Project, the County shall invoice the City for 50% of the total Project costs or $700,000, whichever is less i The County will be responsible for 100% of any additional Project costs after the City has satisfied its $700,000 cost share responsibility. 9.6 The County shall retain ownership, operation and maintenance responsibilities for the traffic signal at the Project intersection Page 2 of 7 9.7 The County shall be responsible for the operation and maintenance of storm drainage improvements within the County's right-of-way. 10. Responsibilities of the City: 10 1 The City shall coordinate with the County for all phases of the Project ..... 10 2 The City shall review the plans and specifications provided by the County within 15 calendar days of receipt 10.3 Upon the execution of this Agreement, the City shall issue a letter of authorization for the County to proceed with utility relocations, pot-holing and other Project — associated activities within the City's jurisdictional boundaries. 10 4 The City shall issue no fee permits to the County for Project — related work conducted in the City's jurisdictional boundaries 10 5 The City shall collaborate with the County in the completion of the technical aspects of the right-of-way acquisition process to include, but not be limited to, obtaining title reports, drafting legal descriptions, and completing appraisals i The City will use right-of-way documentation prepared by the County (i.e title reports, legal descriptions, appraisals, etc ) and will participate with the County to complete acquisitions on the northeast and southeast corner of Project area. ii If condemnation action(s) is needed to accomplish the right of way acquisition described in 10 5.i, the City shall be responsible to facilitate such proceedings with either the City Attorney, or the Pinal County Attorney, depending on the applicable jurisdiction. 'n k iii. The failure of the City to persuade Pinal County to use the power of condemnation/eminent domain for right-of-way acquisition shall not result any liability to the City and City shall not pay any monetary damages for such failure regardless of the effect such inability to acquire such property has on completion of the Project. 10.6 Upon substantial completion and acceptance of the Project, the City shall remit payment to the County for 50% of the total Project costs or $700,000, whichever is less. i The City shall remit payment within thirty (30) calendar days of the receipt of a proper invoice Page 3 of 7 GENERAL TERMS AND CONDITIONS 11. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement. •► By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of, pertaining to, or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been occasioned by the negligence of that other Party The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, appointees, officers, employees, elected officials or agents In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney fees 12. This Agreement shall become effective as of the date it is approved by the Mancopa County Board of Supervisors and may be recorded with the Maricopa County Recorder, and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties Any Party may terminate this Agreement upon furnishing the other Parties with a written notice at least thirty (30) calendar days prior to the effective termination date 13. This Agreement shall be subject to the provisions of A.R S. §38-511 14 The Parties warrant that they are in compliance with A.R.S § 41-4401 and further acknowledge that 14 1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A R S § 23- 214(A) and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer, 14 2 That any breach of the warranty, shall be deemed a material breach of the contract that is subject to penalties up to and including termination of the contract, 14.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection, 14.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement Page 4 of 7 15 The Parties warrant that they do not have scrutinized business operations in Sudan or Iran, as prohibited by ARS §§ 35-391.06 and 35-393 06, and further acknowledge that any contractor or subcontractor who is contracted by a party to perform work on the Project shall warrant that they do not have scrutinized business operations in Sudan or Iran .-• 16. Each Party in this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement are not suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 17 This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement 18. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement 19. This Agreement shall not be modified or extended except by written instrument adopted under the requirements for adopting a new agreement 20 This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement 21. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year. 22. This Agreement has been arrived at by negotiation and shall not be construed against any Party or against the Party who prepared the last draft End of Agreement- Signature Pages Follow Page 5 of 7 SIGNATURE PAGE(S) MARICOPA COUNTY Recommended by: John B. Hauskins, P E Date Transportation Director Approved and Accepted by: Don Stapley Date Chairman, Board of Supervisors Attest by: Fran McCarroll Date Clerk of the Board APPROVAL OF COUNTY BOS ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. BOS Attorney Date Page 6 of 7 CITY OF APACHE JUNCTION Recommended by: George Hoffman Date Town Manager Approved and Accepted by: John S Insalaco Date Mayor Attest by: Kathy Connelly Date City Clerk APPROVAL OF CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. R.J. Stern Date City Attorney Page 7 of 7 ROLL CALL VOTE NOTES. ! r ac/- ITEM # MEETIN OF 4.) MOTION BY SECONDED BY -1 YEaS NO ABSTAINED COUNCILMEMBER ECK 1 r COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON 1 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL REVISED NOVEMBER 12, 2010 CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2010-2011 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $14,400, THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $13,600; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $12,000, EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $24,000; AND SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER IN THE AMOUNT OF $16,000; FOR A TOTAL AMOUNT OF $80,000; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS; AND THAT AUTHORIZATION BE GIVEN TO JUDGE HAZEL TO AMEND DEFENSE ATTORNEY CONTRACTS WITH WILLIAM J PEARLMAN AND JAMES F. LACHEMANN REGARDING ALLOWABLE CASELOAD, COMPENSATION AND TERM; AND THAT AUTHORIZATION BE GIVEN FOR JUDGE HAZEL TO SIGN THE AMENDED CONTRACTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION FOR ELECTION AND VOTER SERVICES FOR THE MARCH 2011 AND MAY 2011 ELECTIONS; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT APPROVAL BE GIVEN FOR THE AGREEMENT BETWEEN THE ARIZONA ' 'UBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 010 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 TS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2011; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT RESOLUTION NO 10-40, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY (DEPARTMENT OF TRANSPORTATION) FOR TRAFFIC SIGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENUE AND MERIDIAN ROAD, BE APPROVED. CONSENT AGENDA ITEMS NO. 1-7 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMEN FOR FISCAL YEAR 2010-2011 BETWEEN THE CITY OF APACHE JUNCTION Aga l THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $ ,400; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY—APACHE JUNCTIO► BRANCH IN THE AMOUNT OF $13,600, COMMUNITY ALLIANCE AGAINST FA ILY ABUSE IN THE AMOUNT OF $12,000; EAST VALLEY ADULT RESOURCES R THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $24,000; AN, SUPERSTITION MOUNTAIN MENTAL HEALTH CENTER IN THE AMOUNT $16,000; FORA TOTAL AMOUNT OF $80,000; AND THAT AUTHORIZATION BE G EN FOR THE MAYOR TO SIGN THE AGREEMENTS, AND 1 THAT AUTHORIZATION BE GIVEN TO JUDGE HA L TO AMEND DEFENSE ATTORNEY CONTRACTS WITH WILLIAM J. PEA MAN AND JAMES F LACHEMANN REGARDING ALLOWABLE CAS OAD, COMPENSATION AND TERM; AND THAT AUTHORIZATION BE GIVEN FO' JUDGE HAZEL TO SIGN THE AMENDED CONTRACTS PENDING FINAL 'PROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR T INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND T E CITY OF APACHE JUNCTION FOR ELECTION AND VOTER SERVICES FOR TH. ARCH 2011 AND MAY 2011 ELECTIONS; AND THAT AUTHORIZATION BE GI >EN FOR THE MAYOR TO SIGN THE AGREEMENT, AND THAT APPROVAL BE GIV N FOR THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CI ' OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2010 IN THE AMOUNT I 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PE r DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DA THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2011 THROUGH I CEMBER 31, 2011, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR T►. SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT .-• BETWEEN ARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC :IGNALIZATION AND INTERSECTION IMPROVEMENTS AT SOUTHERN AVENU' AND MERIDIAN ROAD, UPON COMPLETION OF WHICH THE CITY WILL REM " TO MARICOPA COUNTY $700,000 OR 50% OF THE TOTAL COSTS OF THE PRO ECT, WHICHEVER IS LESS, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. PpACkEdG �..''� •l _. i o/ Ap i h Jumtzon Home of the .S'//Oer t/t/on Mounta/tts 4 PtzoNF g Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: November 16, 2010 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available 1.9ACH Je, .•. �o ,sty of Apache juncuon Home of the Superstition ,%?ountain.s g Print TO- City Manager's Office FROM Bryant Powell, Assistant City Manager DATE November 16, 2010 Om*. Agenda Type : Regular Agenda Council Priority Focus Area Community Development TITLE OF AGENDA ITEM• PRESENTATION ON THE DOWNTOWN HOLIDAY PROGRAM AND LIGHT PARADE ACTION REQUESTED: Information Only (No discussion) DISCUSSION / BACKGROUND INFORMATION The Downtown Redevelopment and Implementation Strategy adopted by the City Council with the approval of Resolution No. 10-34 recommends specific goals and strategies geared toward fostering revitalization in the downtown. The strategy's accompanying work plan specifically called for identifying a variety of event locations and activities that will attract residents and visitors alike into the downtown or the region, including hosting special events in the downtown area This year, our Parks and Recreation department, with support from the Apache Junction Main Street program and the Superstition Mountain Promotional Corporation, is planning a full-day, downtown Holiday Program and Light Parade for Saturday, December 4, 2010 Liz Langenbach, Recreation Superintendent, will provide a brief update on the event FISCAL IMPACT. ...OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ROLL CALL VOTE 14` NOTES: i r)))''‘ \ ()Ai' P‘i L \16' ki 00.\ IIIU IQ ITEM # 1 MEETING OF 03)b./t MOTION BYCI-DJ/k SECONDED BY ES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER COLEMAN V COUNCILMEMBER WILSON ✓ COUNCILMEMBER ECK VICE MAYOR DIETZ I/ COUNCILMEMBER SERDY t/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 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 6, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5:45 P.M. BE HELD ON TUESDAY, DECEMBER 7, 2010, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M. j ROLL CALL WS: k\1 'C REG ,\, l SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO � '. VICE MAYOR DIETZ / COUNCILMEMBER BARKER I / COUNCILMEMBER COLEMAN V / COUNCILMEMBER ECK I i / COUNCILMEMBER SERDY COUNCILMEMBER WILSON V . 17 TOTAL j CITY STAFF: \\ V \` U City Manager George Hoffman / Assistant City Manager Bryant // Powell v 1/ _City Clerk Kathleen Connelly V t r / City Attorney Joel Stern «� 1/ Public Safety Director Jerald Monahan V l City Engineer Giao Pham / E/ Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern V / Development Svcs Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker 1 Economic Development Director Steve Filipowicz Assistant to the City Manager 4 Matt Busby OTHERS: k " L y0 Z� .1 i Date: N Cit of Apache Junction Item No. Request to Speak Form or Call to The Public � (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? YesE No Only If Necessary ❑ ❑ I am in favor of the proposed Item. n I am opposed to the proposed Item. 5kevz 1 Name (Print) /\-\q Pc (je P\Z 1 Addre City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09