HomeMy WebLinkAbout2021 05.17 City Council Work Session AgendaCity Council Work Session
City of Apache Junction, Arizona
Agenda
Meeting location:
City Council Chambers
at City Hall
300 E. Superstition Blvd.
Apache Junction, AZ
85119
apachejunctionaz.gov
Ph: (480) 982-8002
City Council Chambers7:00 PMMonday, May 17, 2021
A.CALL TO ORDER
B.ROLL CALL
C.AGENDA ITEMS
21-199 Presentation by and discussion with Commissioner Jeffrey Mitchell of
the Health and Human Services Commission on Fiscal Year
2021-2022 health and human services funding recommendations.
Sponsors:Jennifer Pena
Memo
FY 21-22 funding recommendations presentation
21 - 22 comparison table
AJ CDC Application
Boys & Girls Club Application
Genesis Application
Salvation Army Application
Superstition Community Food Bank Application
Attachments:
21-248 Presentation and discussion of proposed changes to Apache Junction
City Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-12
Medical Marijuana.
Sponsors:Kelsey Schattnik and Rudy Esquivias
5.17.21 - CC WS Memo
List of Arizona Municipality Recreational Marijuana Regulations
Revised Medical Marijuana Ordinance (Version 1) _ (2.23.21)
Revised Medical Marijuana Ordinance (Markedup Version 2) _ (3.17.2021)
Medical and Recreational PZ PH Staff Report
5.17.21 - CC WS Rec-Mar PPT
Attachments:
Page 1 City of Apache Junction, Arizona Printed on 5/12/2021
May 17, 2021City Council Work Session Agenda
21-249 Presentation and discussion on cooperative purchasing agreement
between City of Apache Junction and CoreCivic, Inc for jail service.
Sponsors:Thomas Kelly
Memo
CoreCivic FINAL 05102021_CoreCivicSigned
Attachments:
D.ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may be obtained from
the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through
Thursday from 7:00a-6:00p, excluding holidays.
The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and
facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617
or TDD (480) 983-0095.
The Apache Junction City Council may vote to go into Executive Session for legal advice on any item
listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3); this notice is given pursuant to A.R.S. §
38-431.02 to the members of the City Council and the public.
Page 2 City of Apache Junction, Arizona Printed on 5/12/2021
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 21-199
Agenda Date: 5/17/2021 Sponsor: Jennifer Pena
In Control: City Council Work SessionIndex:
Presentation by and discussion with Commissioner Jeffrey Mitchell of the Health and Human
Services Commission on Fiscal Year 2021-2022 health and human services funding
recommendations.
Page 1 City of Apache Junction, Arizona Printed on 5/12/2021
Home of the Superstition Mountains
City of Apache Junction
300 East Superstition Boulevard Apache Junction, Arizona 85119
www.apachejunctionaz.gov
MAY 17, 2021
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL
THROUGH: BRYANT POWELL, CITY MANAGER
JENNIFER PENA, CITY CLERK
FROM: JILL BRIGHT, DEPUTY CITY CLERK
SUBJECT: FY 2021-2022 HEALTH & HUMAN SERVICES FUNDING
RECOMMENDATIONS
The Health & Human Services Commission received the below five applications for funding:
1. AJ Community Development Corporation (AJ CDC) – requesting $24,000 for:
Administrative costs, community revitalization projects, household hazardous
waste transport assistance, annual make a difference day, playground
revitalization at the field of dreams, focal point brick memorial and residential
address identifiers
2. Boys & Girls Club – requesting $35,000 for:
Salaries for employees & employee related expenses to conduct youth
educational programming.
3. Genesis Project – requesting $12,185 for:
Rent and utilities for the community resource center to provide food, clothing,
shoes, hygiene products and heat relief to residents.
4. Salvation Army – requesting $ 15,355 for:
Navigator/Outreach specialist salary, benefits and taxes, swamp coolers and
other support services in order to provide basic needs, food assistance, showers,
rental assistance and heat relief.
5. Superstition Community Food Bank – requesting $26,000 for:
Food.
Home of the Superstition Mountains
City of Apache Junction
300 East Superstition Boulevard Apache Junction, Arizona 85119
www.apachejunctionaz.gov
The Health & Human Services Commission met on April 26 th and unanimously approved the
following funding recommendations:
Applicant Applicant Requesting Commission Recommending
AJ CDC $24,000 $6,000
Boys & Girls Club $35,000 $24,500
Genesis Project $12, 185 $11,300
Salvation Army $15,355 $12,200
Superstition Food Bank $26,000 $26,000
Total $112,540 $80,000
Commissioner Jeffrey Mitchell will be presenting the recommendations on behalf of the
commission and will answer any questions you may have.
Next Steps:
Direction to staff will be requested at the June 1st council meeting. If so directed, the contracts
will be placed on the June 15th consent agenda at which time you can approve or opt to
continue the contracts to a later date. Contracts are effective from July 1, 2021 – June 30, 2022.
Health & Human Services Commission
FY 2021-2022 Health & Human Services
Funding Recommendations
FY21/22 applications received:
•AJ Community Development Corporation –requesting $24,000
•Boys and Girls Club of the East Valley –requesting $35,000
•Genesis Project –requesting $12,185
•Salvation Army –requesting $15,355
•Superstition Food Bank –requesting $26,000
Apache Junction Community
Development Corporation:
•Requesting $24,000 to assist with the following:
•Administrative Costs -$6,260
•Community Revitalization Projects -$4,750
•Household Hazardous Waste Transport Assistance -$2,500
•Annual Make a Difference Day -$5,000
•Playground Revitalization at the Field of Dreams -$4,000
•Focal Point Brick Memorial -$500
•Residential Address Identifiers -$990
Boys and Girls Club
of the East Valley:
•Requesting $35,000 to assist with the following:
•Salaries for Employees -$33,500
•Employee Related Expenses -$1,500
to conduct youth educational programming such as Project
Learn, Power Hour, Be Great Graduate, Career Launch,
Diplomas to Degrees, Money Matters & Summer Programming
Genesis Project:
•Requesting $12,185 to assist with the following:
•Rent $10,460
•Utilities $1,725
for the Community Resource Center to provide food, clothing,
shoes, hygiene products and heat relief to residents
Salvation Army:
•Requesting $15,355 to assist with the following:
•Navigator/Outreach Specialist Salary $3,380
•Benefits & Taxes $790
•Swamp Coolers $6,000
•Other Salaries/Costs $4,170
•Support Service $1,015
to provide basic needs, food assistance, showers, rental
assistance and heat relief
Superstition Community
Food Bank:
•Requesting $26,000 to assist with the following:
•Food $26,000
Commission Recommendation for Funding:
Applicant:Requesting:Recommending:
AJ Community Development Corporation –$24,000 $6,000
Boys and Girls Club of the East Valley –$35,000 $24,500
Genesis Project –$12,185 $11,300
Salvation Army –$15,355 $12,200
Superstition Food Bank –$26,000 $26,000
$112,540 $80,000
Next Steps:
•June 1st – direction to staff
•June 15th – consent agenda (if directed at June 1
st council meeting)
•July 1, 2021 – June 30, 2022 – contracts effective
Questions?
HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE
amount requested / amount awarded
A G E N C Y
FY 2012-
13
FY 2013-
14
FY 2014-
15
FY 2015-
16
FY 2016-
17
FY 2017-
18
FY 2018-
19
FY 2019-
20
FY 2020-
21
FY 2021-
22
Superstition Community Food
Bank
25,000
25,000
30,000
30,000
30,000
32,000
32,000
32,000
50,000
32,000
32,000
7,000
50,000
33,000
75,000
24,500
27,500
19,800
26,000
Boys and Girls Club of the East
Valley
30,000
8,000
20,000
11,000
25,000
20,000
25,000
20,000
25,000
20,000
30,000
30,000
30,000
29,000
35,000
24,500
35,000
16,700
35,000
Community Alliance Against
Family Abuse (CAAFA)
14,500
14,500
14,000
14,000
18,000
18,000
24,000
20,000
24,000
20,000
25,000
25,000
20,000
16,000
18,000
16,000
18,000
17,450
Horizon Health & Wellness
20,000
15,000
25,000
9,500
Genesis Project
12,000
10,500
12,185
AJ CDC
24,000
6,000
24,000
East Valley Adult Resources (for
Apache Junction Senior Center
30,000
26,000
30,000
30,000
30,000
30,000
30,000
28,000
40,000
0
East Valley Adult Resources (for
van transportation)
NA
45,000
0
40,000
0
30,000
0
35,000
0
United Way
NA
NA
NA
NA
7,735
0
50,000
10,000
10,000
2,000
Salvation Army
15,355
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
1
The City of Apache Junction Health and Human Services accepts applications requesting
financial assistance for the support of health and human service needs within the City of
Apache Junction serving city residents. The following provides instructions and eligibility
information regarding the request for non -profit funding.
Information on this program may be found at http://www.ajcity.net/995/Health-
Human-Services-Commission.
The commission was formed under city code Article § 2 -11.
This program is made possible under city code Article § 2-14 Request for Financial
Assistance.
The city code is available at http://www.ajcity.net/614/Read-the-City-Code.
Application Due Date: January 31, 2021
Per city code, the request for financial assistance must be submitted to the city clerk's
office during the month of January to be considered for the following fiscal year. All funding
is subject to the execution of an agreement with the city, the approval of a budget
allocating funds to the program, and the city council's approval.
Eligible Applicants: 501 c(3)
A valid, non-profit organization as qualified by the Internal Revenue Service and as
registered with the Arizona Secretary of State, Arizona Corporation Commission or other
appropriate state office.
The applicant must provide a service or perform work on behalf of the city and its residents
and demonstrate a presence within the community.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
2
Required Documentation per
Ordinance No. 659:
1. Most recent audit report (the City Clerk’s office has discretion to accept a P&L report and IRS tax
filings in lieu of an audit report for smaller nonprofits with an estimated $250,000 or less gross revenue)
2. Most recent financial statement
3. Detailed expenditure statement to include detailed accounting for all previously received
City funds (if applicable)
4. Source and amount of funding received from all other sources (non-governmental
agencies; membership fees and dues; private contributions)
5. Client service information as applicable to City residents (may not apply in all cases)
6. Proof of non-profit status (IRS determination)
7. Proof of corporate status to include copies of by-laws and Articles of Incorporation
8. Source and amount of funding received from other governmental agencies
9. Names and addresses of all current board members of agency governing board
Eligible Activities: Programs and services affording health, public health,
and human services care to all people, especially, to
individuals of underprivileged conditions.
Populations Served: Elderly, handicapped, developmentally disabled, and
other special populations.
Priority Projects: The Commission reserves the right to identify priority
projects for funding.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
3
Agency Information:
Name of Agency
Address
Website
Phone Number
Name of Agency Director
Email Address
Direct Line
Project Manager
Email Address
Direct Line
Secondary Contact
Email Address
Direct Line
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
4
Organization Information:
Provide background information on your agency to include services
currently being provided.
Provide target population and demographic information on your current
clientele to include percentage located within the City of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
5
Provide an example of a previous project success similar to what is being
proposed and/or one that was successful with Health and Human Services
funding support. Include how it was determined to be successful.
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
6
Does your agency have adequate capacity to complete the project being
requested?
Is the execution of this project dependent upon new staff funded through
this program?
Are your board members listed on your website?
Does your website include your mission and vision statements?
Do you have a strategic plan?
Are you listed on the www.211Arizona.org website?
Have you participated in a Project Connect event in the past?
Have you participated in a Health and Wellness Expo in the past?
Have you participated in the Apache Junction Community Resource Center
in the past?
Provide your 501c3 Identification number and renewal date.*
Do you have current By Laws signed by the Board of Directors?*
Do you have current Articles of Incorporation signed by the Board of
Directors?*
Are you filed with the Arizona Secretary of State or Arizona Corporation
Commission?*
*These items shall be submitted every five years to be held on file at the city. Should any
document change or be updated, a new copy shall be submitted to the city within 10
working days.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
7
Problem Statement:
What is the nature and extent of the problem to which you are trying to address?
To whom is this happening?
Why is this happening? What are the reasons or causes for the problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
8
How do you know this is a problem? Provide statistics that support your claim. If available,
please use statistics collected from your agency data and/or local documentation.
What will happen if the problem is not addressed?
What are the gaps between what exists and the solution?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
9
Is there local documentation which identifies this as a problem?
Has the city or the commission identified this as a problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
10
Project Proposal:
What is the proposed project to address the problem identified above? Please address
the who, what, when, where, why, and how.
Is this a best practice or has it been proven successful in other places?
Is this a new or continuing project?
Why is this a need to be addressed?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
11
Who will you serve with this project?
How and will you sustain this project after the agreement has ended?
Are there any community partners on this project? If so, please list.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
12
Please complete the chart below to answer the following questions for each
component of your project.
Approach: What are you going to do?
Inputs/Resources: What resources do you have to complete the project?
Activities: What specific actions will take place?
Outputs: What is the direct product of the activities?
Outcomes: What is the benefit or change as a result of the project?
Goals: W hat is the overall goal of the project?
Project
Component Approach Input Activities Outputs Outcomes Goals
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
13
Financial Information:
What is your Tax ID number?
What is your Arizona Tax Privilege License number?
Does your agency have internal financial controls in place to track, report,
and account for all funds which promotes transparency?
Is a certified public accountant responsible for your daily financials?
Is a certified public accountant responsible for creating your monthly
financial statements? Please provide most recent report.
Is a certified public accountant responsible for your filing your taxes?
When was your last 990 reported?
Where can it be found?
Have you had an audit completed and when?*
Do you have an annual agency budget? Please provide.
Who is responsible for creating your annual budget?
*These items may be submitted every five years to be held on file at the city. Should any document
change or be updated, a new copy shall be submitted to the city within 10 working days.
Provide a list of your annual fundraisers and average amount raised.
Provide a list of your funding sources and the average amount received, including
membership dues and private contributions.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
14
Project Budget:
Please provide a detailed budget by quarter for each itemized expense.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Total
What percentage of the project budget is being requested? $_______
What percentage of your budget is the requested funding? $_______
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
15
Narrative:
Please provide a detailed budget narrative for each itemized expense.
1
2
3
4
5
6
7
8
9
10
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
16
Project Evaluation:
How will you determine your project was successful in reaching your goals and what
methods will you use?
Project a minimum of two SMART Objectives by completing the chart below.
Direction of
change
What is
changing
Target
population
Degree of
change Timeframe Measure
1
2
3
4
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
17
Scoring Rubric for Commissioners:
Eligibility Questions Y/N
Application was submitted by the required due date.
Application was complete and provided adequate detail.
Applicant meets eligibility requirements.
Serves AJ residents
Has a presence in the community
Is a 501 c(3) non-profit
Provides a health and human services need Proposal Review 1 to 5
Organization Review - 25 points total
Provided information on residents served
Demonstration of successful projects
Demonstration of agency partnerships
Demonstration of agency capacity
Provided all required documentation per Ordinance No. 659
Problem Statement Review - 15 points total
Adequately identified the problem
Adequately identified the gaps
Identified a documented problem
Proposal Review - 20 points total
Provided detailed project information
Demonstration of need
Demonstration of community partners
Provided a detailed project scope
Financial Review - 15 points total
Provided required documentation
Demonstrated a financial need
Provided detailed and eligible budget
Evaluation Review - 10 points total
Comprehensive evaluation plan
Provided a minimum of two SMART objectives
85 points total 0
1 = Did not address adequately 2 = Addressed somewhat 3 = Addressed 4 = Adequately addressed
5 = Exceeded expectation
Apache Junction CDC
Period of December 2020
Checking Balance Carried CDC Checking Focal Point Savings Acct Median
Forward July 1 , 2020 540.66$ 2,486.87$ 1,205.99$ 3,372.61$
Revenue
.1 .2 .3 .4
Summary CDC checking Focal Point Savings Acct Median
July 193.90$ -$ 0.15$ -$
August -$ -$ -$ -$
September 892.25$ -$ 0.14$ -$
October -$ -$ -$ -$
November 689.26$ -$ -$ -$
December 1,742.15$ 96.50$ -$ -$
January -$ -$ -$ -$
February -$ -$ -$ -$
March -$ -$ -$ -$
April -$ -$ -$ -$
May -$ -$ -$ -$
June -$ -$ -$ -$
Revenue YTD 3,517.56$ 96.50$ 0.29$ -$
Total Revenue YTD 3,614.35$
Expenditures
.1 .2 .3 .4
Summary CDC Checking Focal Point Savings Acct Median
July -$ -$ -$
August 149.99$ -$ -$ -$
September 235.00$ -$ 844.00$ -$
October 841.00$ -$ -$ -$
November -$ -$ -$ -$
December 1,240.00$ -$ -$ -$
January -$ -$ -$ -$
February -$ -$ -$ -$
March -$ -$ -$ -$
April -$ -$ -$ -$
May -$ -$ -$ -$
June -$ -$ -$ -$
Expenditure YTD 2,465.99$ -$ 844.00$ -$
Total Expenditures YTD 3,309.99$
Accounts At A Glance
Account balances (checking) carried forward on 7-1-2020 540.66$
Revenue YTD (checking)3,517.56$
Expenditures YTD (checking)2,465.99$
Balance (checking)1,592.23$
* Checking Account balances = Balance carried forward from 2020 + revenue YTD-expenditures YTD
Balance Focal Point 2,583.37$
Balance Savings 362.28$
Balance Median 3,372.61$
Total Checking 7,548.21$
INTERNAL REVENUE SERVICE - DEPARTMENT OF THE TREASURY
P. O. BOX 2508
CINCINNATI, OH 45201
Employer Identification Number:
Date: 74-3043614
SEP 2 8 ?W DLN:
17053210712066
APACHE JUNCTION COMMUNITY Contact Person:
DEVELOPMENT CORPORATION BENJAMIN L DAVIS ID# 31465
567 W APACHE TRAIL Contact Telephone Number:
APACHE JUNCTION, AZ 85220-0000 (877) 829-5500
Public Charity Status:
170 (b) (1) (A) (vi)
Dear Applicant:
Our letter dated November 2002, stated you would be exempt from Federal income tax
under section 501(c)(3) of the Internal Revenue Code, and you would be treated as
a public charity, rather than as a private foundation, during an advance ruling
period.
Based on the information you submitted, you are classified as a public charity under
the Code section listed in the heading of this letter. Since your exempt status
was not under consideration, you continue to be classified as an organization exempt
from Federal income tax under section 501(c)(3) of the Code.
Publication 557, Tax-Exempt Status for Your Organization, provides detailed
information about your rights and responsibilities as an exempt organization. You
may request a copy by calling the toll-free number for forms, (800) 829-3676.
Information is also available on our Internet Web Site at www.irs.gov.
If you have general questions about exempt organizations, please call our
toll-free number shown in the heading.
Please keep this letter in your permanent records.
Sincerely yours,
Lois G. Lerner
Director, Exempt Organizations
Rulings and Agreements
Letter 1050 (DO/CG)
Apache Junction Community Development Corporation
“Building community pride one brick at a time”
apachejunctioncdc.com
2021/2022 - Board of Directors
Dave Waldron - Chairman
PO Box 4284
Apache Junction, AZ, 85178
Jim Duncan – Vice Chairman
2745 E Smoketree St.
Apache Junction, AZ, 85119
Chad Heywood - Secretary
288 N. Ironwood Dr., Suite 102
Apache Junction, AZ 85120
Heidi Geldis-Young - Treasurer
4949 E Shiprock St.
Apache Junction, AZ, 85119
Johnny Austin
PO Box 7740
Apache Junction, AZ, 85178
Jim Humphries
1428 W 14th Ave
Apache Junction, AZ 85120
Robin Barker
860 S. Saguaro
Apache Junction, AZ 85120
Our Vision
Through community involvement, having a common and unified purpose to “Make a Difference” while
providing conduits and assistance that enable a strong and sustainable community.
Our Mission
Working together to maintain and create safe affordable housing, support economic opportunities, instill a
sense of community pride and commitment, and enhance the physical image of Apache Junction.
Apache Junction Community Development Corporation
“Building community pride one brick at a time”
apachejunctioncdc.com
2021-2022
Community Revitalization Projects
o Work with various groups to coordinate community projects, provide
assistance and material as we can.
Household Hazardous Waste Transport Assistance
o Provide pick up service for citizens who can’t bring these items to the
drop off location.
“Make A Difference Day”
o Multiple Projects and locations through-out the City – Annual Event.
Playground Revitalization Project
o Work with the Boys and Girls Club on revitali zing their Playground.
Focal Point Brick Memorial
o Revitalization and Support.
Residential Address Identifiers
o Website sign-up requests, project may include placing and or painting
home address numbers for homes in need.
Our Vision
Through community involvement, having a common and unified purpose to “Make a Difference” while
providing conduits and assistance that enable a strong and sustainable community.
Our Mission
Working together to maintain and create safe affordable housing, support economic opportunities, instill a
sense of community pride and commitment, and enhance the physical image of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
1
The City of Apache Junction Health and Human Services accepts applications requesting
financial assistance for the support of health and human service needs within the City of
Apache Junction serving city residents. The following provides instructions and eligibility
information regarding the request for non -profit funding.
Information on this program may be found at http://www.ajcity.net/995/Health-
Human-Services-Commission.
The commission was formed under city code Article § 2 -11.
This program is made possible under city code Article § 2-14 Request for Financial
Assistance.
The city code is available at http://www.ajcity.net/614/Read-the-City-Code.
Application Due Date: January 31, 2021
Per city code, the request for financial assistance must be submitted to the city clerk's
office during the month of January to be considered for the following fiscal year. All funding
is subject to the execution of an agreement with the city, the approval of a budget
allocating funds to the program, and the city council's approval.
Eligible Applicants: 501 c(3)
A valid, non-profit organization as qualified by the Internal Revenue Service and as
registered with the Arizona Secretary of State, Arizona Corporation Commission or other
appropriate state office.
The applicant must provide a service or perform work on behalf of the city and its residents
and demonstrate a presence within the community.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
2
Required Documentation per
Ordinance No. 659:
1. Most recent audit report (the City Clerk’s office has discretion to accept a P&L report and IRS tax
filings in lieu of an audit report for smaller nonprofits with an estimated $250,000 or less gross revenue)
2. Most recent financial statement
3. Detailed expenditure statement to include detailed accounting for all previously received
City funds (if applicable)
4. Source and amount of funding received from all other sources (non-governmental
agencies; membership fees and dues; private contributions)
5. Client service information as applicable to City residents (may not apply in all cases)
6. Proof of non-profit status (IRS determination)
7. Proof of corporate status to include copies of by-laws and Articles of Incorporation
8. Source and amount of funding received from other governmental agencies
9. Names and addresses of all current board members of agency governing board
Eligible Activities: Programs and services affording health, public health,
and human services care to all people, especially, to
individuals of underprivileged conditions.
Populations Served: Elderly, handicapped, developmentally disabled, and
other special populations.
Priority Projects: The Commission reserves the right to identify priority
projects for funding.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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3
Agency Information:
Name of Agency
Address
Website
Phone Number
Name of Agency Director
Email Address
Direct Line
Project Manager
Email Address
Direct Line
Secondary Contact
Email Address
Direct Line
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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4
Organization Information:
Provide background information on your agency to include services
currently being provided.
Provide target population and demographic information on your current
clientele to include percentage located within the City of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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5
Provide an example of a previous project success similar to what is being
proposed and/or one that was successful with Health and Human Services
funding support. Include how it was determined to be successful.
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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6
Does your agency have adequate capacity to complete the project being
requested?
Is the execution of this project dependent upon new staff funded through
this program?
Are your board members listed on your website?
Does your website include your mission and vision statements?
Do you have a strategic plan?
Are you listed on the www.211Arizona.org website?
Have you participated in a Project Connect event in the past?
Have you participated in a Health and Wellness Expo in the past?
Have you participated in the Apache Junction Community Resource Center
in the past?
Provide your 501c3 Identification number and renewal date.*
Do you have current By Laws signed by the Board of Directors?*
Do you have current Articles of Incorporation signed by the Board of
Directors?*
Are you filed with the Arizona Secretary of State or Arizona Corporation
Commission?*
*These items shall be submitted every five years to be held on file at the city. Should any
document change or be updated, a new copy shall be submitted to the city within 10
working days.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
7
Problem Statement:
What is the nature and extent of the problem to which you are trying to address?
To whom is this happening?
Why is this happening? What are the reasons or causes for the problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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8
How do you know this is a problem? Provide statistics that support your claim. If available,
please use statistics collected from your agency data and/or local documentation.
What will happen if the problem is not addressed?
What are the gaps between what exists and the solution?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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9
Is there local documentation which identifies this as a problem?
Has the city or the commission identified this as a problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
10
Project Proposal:
What is the proposed project to address the problem identified above? Please address
the who, what, when, where, why, and how.
Is this a best practice or has it been proven successful in other places?
Is this a new or continuing project?
Why is this a need to be addressed?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
11
Who will you serve with this project?
How and will you sustain this project after the agreement has ended?
Are there any community partners on this project? If so, please list.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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12
Please complete the chart below to answer the following questions for each
component of your project.
Approach: What are you going to do?
Inputs/Resources: What resources do you have to complete the project?
Activities: What specific actions will take place?
Outputs: What is the direct product of the activities?
Outcomes: What is the benefit or change as a result of the project?
Goals: W hat is the overall goal of the project?
Project
Component Approach Input Activities Outputs Outcomes Goals
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
13
Financial Information:
What is your Tax ID number?
What is your Arizona Tax Privilege License number?
Does your agency have internal financial controls in place to track, report,
and account for all funds which promotes transparency?
Is a certified public accountant responsible for your daily financials?
Is a certified public accountant responsible for creating your monthly
financial statements? Please provide most recent report.
Is a certified public accountant responsible for your filing your taxes?
When was your last 990 reported?
Where can it be found?
Have you had an audit completed and when?*
Do you have an annual agency budget? Please provide.
Who is responsible for creating your annual budget?
*These items may be submitted every five years to be held on file at the city. Should any document
change or be updated, a new copy shall be submitted to the city within 10 working days.
Provide a list of your annual fundraisers and average amount raised.
Provide a list of your funding sources and the average amount received, including
membership dues and private contributions.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
14
Project Budget:
Please provide a detailed budget by quarter for each itemized expense.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Total
What percentage of the project budget is being requested? $_______
What percentage of your budget is the requested funding? $_______
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
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15
Narrative:
Please provide a detailed budget narrative for each itemized expense.
1
2
3
4
5
6
7
8
9
10
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
16
Project Evaluation:
How will you determine your project was successful in reaching your goals and what
methods will you use?
Project a minimum of two SMART Objectives by completing the chart below.
Direction of
change
What is
changing
Target
population
Degree of
change Timeframe Measure
1
2
3
4
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
17
Scoring Rubric for Commissioners:
Eligibility Questions Y/N
Application was submitted by the required due date.
Application was complete and provided adequate detail.
Applicant meets eligibility requirements.
Serves AJ residents
Has a presence in the community
Is a 501 c(3) non-profit
Provides a health and human services need Proposal Review 1 to 5
Organization Review - 25 points total
Provided information on residents served
Demonstration of successful projects
Demonstration of agency partnerships
Demonstration of agency capacity
Provided all required documentation per Ordinance No. 659
Problem Statement Review - 15 points total
Adequately identified the problem
Adequately identified the gaps
Identified a documented problem
Proposal Review - 20 points total
Provided detailed project information
Demonstration of need
Demonstration of community partners
Provided a detailed project scope
Financial Review - 15 points total
Provided required documentation
Demonstrated a financial need
Provided detailed and eligible budget
Evaluation Review - 10 points total
Comprehensive evaluation plan
Provided a minimum of two SMART objectives
85 points total 0
1 = Did not address adequately 2 = Addressed somewhat 3 = Addressed 4 = Adequately addressed
5 = Exceeded expectation
Execution Version
AMENDED AND RESTATED BY-LAWS
OF
BOYS & GIRLS CLUBS OF EAST VALLEY – METRO PHOENIX, INC.
An Arizona Non-Profit Corporation
ARTICLE I
OFFICES AND CORPORATE SEAL
Section 1.01 Principal Office. The principal office of Boys & Girls Clubs of East Valley
– Metro Phoenix, Inc. (the “Corporation”) shall be located in Maricopa County, Arizona.
Section 1.02 Other Offices. The Corporation may also have offices at such other places,
both in and out of the State of Arizona, as the Board of Directors of the Corporation (the “Board
of Directors”) may from time to time determine or the business of the Corporation may require.
Section 1.03 Registered Office and Registered Agent. The Corporation shall have and
continuously maintain in the State of Arizona a registered office and a registered agent whose
office is identical with such a registered office, as required by the Arizona State Corporation
Commission. The registered office may, but need not, be identical with the principal office of the
Corporation in the State of Arizona, and the Board of Directors may change the address of the
registered office from time to time.
ARTICLE II
MEMBERS
Section 2.01 General. The Corporation shall have no members.
ARTICLE III
BOARD OF DIRECTORS
Section 3.01 General Powers. The Board of Directors shall manage the affairs of the
Corporation.
Section 3.02 Number and Terms. The Board of Directors shall consist of no fewer than
three directors and no more than 100 directors (each a “Director”). The number of Directors may
from time to time be increased by an amendment to these By-Laws. The Directors shall be elected
at the annual meeting and, except as provided in Section 3.04, each Director elected shall hold
office for a three year term, with no limits on the number of terms. Any directorship to be filled
by reason of an increase in the number of Directors shall be filled by election at any meeting of
Directors. The term of the Directors shall be so arranged that the term of approximately one-third
of the Directors will expire at each annual meeting.
Section 3.03 Nondiscrimination. The officers, Directors, Committee members,
employees and persons served by this Corporation shall be selected entirely on a nondiscriminatory
basis with respect to age, sex, race, religion, national origin and sexual orientation. It is the policy
of the Corporation not to discriminate on the basis of race, creed, ancestry, marital status, gender,
2
sexual orientation, age, physical disability, veteran’s status, political service or affiliation, color,
religion or national origin.
Section 3.04 Vacancies. Vacancies may be filled by a majority vote of a quorum of the
remaining Directors. The term of any replacement Director appointed pursuant to this Section 3.04
may take effect when the resignation of any resigning Director shall become effective (or such
other time as determined by the Board of Directors). Each Director appointed pursuant to this
Section 3.04 shall serve for the remainder of the term of office of the resigning Director or
Directors for which he or she was appointed; provided, however, that terms of vacant directorships
may be shortened or enlarged to fulfill the goal of staggered terms for Directors as set forth in
Section 3.02.
Section 3.05 Authority of Directors; Duties of the Directors. The business of the
Corporation shall be managed by the Board of Directors, which may exercise all such powers of
the Corporation and do all such lawful acts and things as are not prohibited by statute, the Articles
of Incorporation of the Corporation, as amended (the “Articles of Incorporation”) or these By-
Laws. The Board of Directors shall assume legal and fiduciary responsibility for the Corporation
and govern the Corporation’s business, oversight and affairs. The Board of Directors shall be
responsible for revenue generation and resource development to help ensure that the Corporation
has the resources to conduct business; provided that the Executive Committee shall be empowered
to act on behalf of the Board of Directors in exercising such duties to the extent expanded to so act
hereunder.
Section 3.06 Directors’ Meetings. The Board of Directors may hold meetings, both
regular and special, either in or out of the State of Arizona. To the extent permitted by law,
members of the Board of Directors or any Committee thereof may participate in a meeting of the
Board of Directors or such Committee by means of conference telephone or similar
communications equipment by means of which all persons participating in the meeting can
simultaneously hear each other during the meeting, and participation in a meeting pursuant to this
Section 3.06 shall constitute presence at such meeting.
Section 3.07 Annual Meetings. The annual meeting of the Board of Directors shall be
held at such time and place as the Chairperson and Secretary shall designate in a written notice
which shall be delivered by mail, facsimile transmission or electronic message, including through
an electronic board portal, to each Director at least 30 days prior to such annual meeting. In no
event shall more than 13 months elapse between successive annual.
Section 3.08 Regular Meetings. Regular meetings of the Board of Directors shall be
held quarterly at such time and place as shall from time to time be determined by the Board of
Directors. Written notice of the time and place of any such meeting of the Board of Directors shall
be delivered by mail, facsimile transmission or electronic message, including through an electronic
board portal, to each Director by the Secretary at least ten days prior to such meeting.
Section 3.09 Special Meetings. Special meetings of the Board of Directors may be called
by the Chairperson, and shall be called by the Chairperson or Secretary on written request of at
least one-third of the then-serving Directors. Written notice of the time and place of any such
special meeting of the Board of Directors shall be delivered by mail, facsimile transmission or
3
electronic message, including through electronic board portal, to each Director by the Secretary at
least 48 hours prior to such meeting.
Section 3.10 Quorum. At all meetings of the Board of Directors, one-third of the total
number of then-serving Directors shall constitute a quorum for the transaction of business. The act
of the majority of the Directors present at any meeting at which a quorum is present shall be the
act of the Board of Directors, except as otherwise specifically provided by statute, the Articles of
Incorporation or these By-Laws. If a quorum is not present at a meeting of the Board of Directors,
the Directors present thereat may adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum is present.
Section 3.11 Voting. All Directors shall have equal voting rights and possess equal rights
in all aspects. A Director vote on any matter may be conducted by mail, facsimile transmission,
electronic message, electronic board portal or by any combination of those messages. All Directors
shall be entitled to vote by proxy; provided, that no proxy shall be valid following the one month
anniversary of its execution unless a different period is expressly provided on the face of the
appointment form; and provided, further, that no proxy shall be valid until received by the
Secretary of the Corporation. A Director may revoke any proxy by written notice to the Secretary
of the Corporation; provided, that such revocation shall not affect any vote that occurred prior to
the Secretary’s receipt of such proxy.
Section 3.12 Acts by Written Consent. Any corporate action permitted to be taken by
the Board of Directors by any provision of an applicable statute, these By-Laws or the Articles of
Incorporation may be dispensed with if at least a majority of the Directors entitled to vote upon
such action at a meeting of the Board of Directors consents in writing to such corporate action
being taken. Such consent shall have the same force and effect as a majority vote at a regularly-
called meeting, and may be stated as such in any document or instrument filed with the Secretary
of State. Any such signed consent, or a signed copy thereof, shall be placed in the minute book of
the Corporation.
Section 3.13 Resignation. Any Director may resign at any time by delivering a written
resignation to the Chairperson or the Secretary of the Corporation. Such resignation shall be
effective upon receipt unless otherwise provided by the terms thereof.
Section 3.14 Removal. Any Director may be removed either with or without cause at any
meeting of the Board of Directors by the affirmative vote of the Board of Directors acting in
accordance with this Article III, including Section 3.12 hereof.
Section 3.15 Compensation. The Directors shall serve without compensation. No such
prohibition, however, shall preclude any Director from serving the Corporation in any other
capacity and receiving compensation therefore.
Section 3.16 Dues of Directors. Each Director shall pay such dues as may be established
from time to time by the Board of Directors. The Executive Committee shall have the discretion
to waive the payment of dues, or accept payment of dues in-kind or through the provision of
services, by any Director under circumstances deemed appropriate by the Executive Committee.
4
Any waiver of dues for one Director shall not affect the obligation of the other members of the
Board of Directors to pay their dues.
ARTICLE IV
NOTICES
Section 4.01 Delivery. Notices to Directors may be in writing and delivered personally,
by electronic messaging, including through an electronic board portal, or mailed to the Directors
at their addresses appearing on the books of the Secretary. Notice by mail shall be deemed to be
given at the time when the same shall be deposited in a United States Post Office or mailbox.
Notice to Directors may also be given orally, in person, by telephone or by electronic notice,
including through an electronic board portal, and, if by electronic notice, shall be deemed to be
given at the time when the same shall be delivered.
Section 4.02 Waiver. Whenever any notice is required to be given to Directors under any
provision of an applicable statue, these By-Laws or the Articles of Incorporation, a waiver thereof
in writing, signed by the person or persons entitled to said notice, whether before or after the time
stated therein, shall be deemed equivalent thereto to the giving of such notice. All such waivers
shall be filed with the minutes in the corporate record. Attendance of a Director at a meeting of
the Board of Directors shall constitute a waiver of notice of such meeting, except where a Director
attends for the express purpose of objecting to the transaction of any business on the ground that
the meeting is not duly called or convened.
ARTICLE V
OFFICERS
Section 5.01 Necessary Officers. The officers of the Corporation shall be appointed by
the majority vote of a quorum of the Board of Directors and shall include a Chairperson, one or
more Vice Chairperson(s), a Secretary and a Treasurer. Any Director may hold two or more
offices, except for the offices of Chairperson and Secretary. All officers shall be members of the
Board of Directors.
Section 5.02 Additional Officers. The Board of Directors may appoint additional Vice
Chairmen and Assistant Secretaries and Assistant Treasurers and such other offices and agents, as
it shall deem necessary. Such officers shall hold their offices for such terms and shall exercise such
powers and perform such duties as shall be determined from time to time by the Board of Directors.
All such additional officers shall also be members of the Board of Directors.
Section 5.03 Terms of Office. Unless otherwise stated herein, all officers of the
Corporation shall hold office for a period of one year from the date of election or appointment, or
until their successors are chosen and qualified; provided, that such term shall automatically renew
for a successive one year term if no successor to such officer is elected or appointed within 30 days
prior to the expiration of such officer’s current term. The Chairperson may serve up to four
consecutive one-year terms. Any officer appointed by the Board of Directors may be removed at
any time with or without cause by the Board of Directors acting in accordance with Article III,
including Section 3.12 thereof, whenever, in the Board of Directors’ sole judgment, the best
interests of the Corporation will be served thereby. Any vacancy occurring in any office of the
5
Corporation by death, resignation, retirement, removal or otherwise shall be filled by the Board of
Directors and such newly-appointed officer shall fulfill the unexpired term of his predecessor and
serve in such capacity until his successor is duly appointed and qualified.
Section 5.04 Authority. Officers and agents shall only have such authority and perform
such duties in the management of the Corporation as provided in these By-Laws or as may be
determined by resolution of the Board of Directors not inconsistent with these By-Laws.
Section 5.05 The Chairperson. The Chairperson may preside at meetings of the Board
of Directors and shall have power to (a) call special meetings of the Board of Directors for any
purpose or purposes, (b) appoint and discharge, subject to the approval or review by the Board of
Directors, employees and agents of the Corporation and fix their compensation and (c) make and
sign contracts and agreements in the name of and on behalf of the Corporation. The Chairperson
shall, through the Chief Executive Officer, put into operation such business policies of the
Corporation as shall be decided upon by the Board of Directors and communicated to the
Chairperson. The Chairperson shall see the books, reports, statements and certificates required by
the statutes under which the Corporation is organized or any other laws applicable thereto are
properly kept, made and filed according to law; and shall generally do and perform all acts incident
to the office of the Chairperson which are authorized or required by law.
Section 5.06 The Vice Chairperson. The Vice Chairperson(s), in the order of their
seniority, unless otherwise determined by the Board of Directors, shall, in the absence or disability
of the Chairperson, perform the duties and exercise the power of the Chairperson. The Vice
Chairperson(s) shall also generally assist the Chairperson and exercise such other powers and
perform such other duties as delegated by the Chairperson and as the Board of Directors shall
prescribe.
Section 5.07 The Secretary. The Secretary shall attend all meetings of the Board of
Directors and record all the proceedings of the meetings in the minutes of such meeting. The
Secretary shall give, or cause to be given, notice of all annual, regular and special meetings of the
Board of Directors, and shall perform such other duties as may be prescribed by the Board of
Directors, under whose supervision he or she shall be, or as delegated from time to time by the
Chairperson. The Secretary shall keep in safe custody the seal of the Corporation and, when
authorized by the Board of Directors, affix the same to any instrument requiring it and, when so
affixed, it shall be attested by the Secretary’s signature or by the signature of the Treasurer or and
Assistant Secretary.
Section 5.08 The Treasurer. The Treasurer shall be responsible for the oversight of all
funds of the Corporation and shall have the general powers and duties usually vested in the office
of Treasurer of a corporation and shall have such other powers and duties not inconsistent with
these By-Laws as ma y be assigned to him or her from time to time by the Board of Directors, the
Chairperson, or the President & CEO, including the powers and duties to chair the Finance
Committee.
Section 5.09 Counterterrorism. In furtherance of its exemption by contributions to
other organizations, domestic or foreign, the Corporation shall stipulate how the funds will be used
and shall require the recipient to provide the Corporation with detailed records and financial proof
6
of how the funds were utilized. Although adherence and compliance with the US Department of
the Treasury’s publication, the “Voluntary Best Practice for U.S.-Based Charities,” is not
mandatory, the Corporation willfully and voluntarily recognizes and puts to practice these
guidelines and suggestions to reduce, develop, re-evaluate and strengthen a risk-based approach
to guard against the threat of diversion of charitable funds or exploitation of charitable activity by
terrorist organizations and their support networks. The Corporation shall also comply and put into
practice the federal guidelines, suggestions, laws and limitations set forth by pre-existing U.S.
legal requirements related to combating terrorist financing, which include, but are not limited to,
various sanctions programs administered by the Office of Foreign Assets Control in regard to its
foreign activities.
ARTICLE VI
CHIEF EXECUTIVE OFFICER
Section 6.01 Appointment. The Board of Directors shall appoint a Chief Executive
Officer of the Corporation, fix his or her compensation, prescribe his or her duties, and otherwise
determine the terms of his or her employment. The Chief Executive Officer shall be a nonvoting
member of the Board of Directors. The Chief Executive Officer shall:
(a) Manage the affairs and direct the work and employees of the Corporation
subject to, and, in accordance with, the direction of the Board of Directors;
(b) Prepare budgets of expenses for the approval of the Finance Committee (as
defined below); and
(c) Be authorized to incur expenses in accordance with the approved budget, or
as directed by the Board of Directors.
The Chief Executive Officer shall also carry out the business policies of the Board of Directors,
shall have general management and control of the business and affairs of the Corporation and shall
be the managing executive officer of the Corporation. The Chief Executive Officer, in carrying
out such business polices, shall be given the necessary authority to discharge such responsibility.
Section 6.02 Meetings of the Board of Directors. The Chief Executive Officer shall
attend all meetings of the Board of Directors unless otherwise directed by the Board of Directors
and shall be an ex-officio member of all Committees.
Section 6.03 Other Duties. The Chief Executive Officer shall from time to time make
reports of the work and affairs of the organization to the Chairperson and the Board of Directors
at the annual, regular and special meetings of the Board of Directors.
ARTICLE VII
COMMITTEES
Section 7.01 Committees.
(a) The Board of Directors, having a resolution adopted by a majority vote of a
quorum of the Board of Directors, may designate such committees as are deemed necessary
7
or advisable in the discretion of the Board of Directors (each a “Committee” and,
collectively, the “Committees”). Each Committee shall consist of two or more persons, all
of whom shall be Directors. Subject to Section 7.13, such Committees shall have and
exercise only the authority delegated to them as provided herein or in such resolution of
the Board of Directors and shall have no authority to act beyond the scope of such
delegation. The Chairperson shall appoint all Committee members and the respective
chairpersons within 30 days after each annual meeting of the Board of Directors.
(b) As of the date hereof, the Committees of the Corporation shall be as follows:
(1) Executive Committee;
(2) Finance Committee;
(3) Audit Committee;
(4) Board Development Committee; and
(5) Safety Committee.
Section 7.02 Term of Office. Each member of a Committee shall continue as such until
the next annual meeting of the Board of Directors and until his successor is appointed, unless the
Committee shall be sooner terminated, or unless such member be removed from such Committee
or unless such member shall cease to qualify as a member thereof.
Section 7.03 Chairpersons. The Chairperson shall appoint one member of each
Committee as chairperson of such Committee.
Section 7.04 Vacancies. Vacancies in the membership of any Committee may be filled
by appointments made in the same manner as provided in the case of the original appointments.
Section 7.05 Quorum; Voting Rights. Unless otherwise provided in the resolution of
the Board of Directors designating a Committee, a majority of the entire Committee shall constitute
a quorum and the act of a majority of the members present at a meeting at which a quorum is
present shall be the act of the Committee.
Section 7.06 Rules. Each Committee may adopt rules for its own governance not
inconsistent with these By-Laws or with rules adopted by the Board of Directors.
Section 7.07 Executive Committee. The Board of Directors shall convene and appoint
members to an Executive Committee of the Corporation (the “Executive Committee”). The
Executive Committee shall consist of all of the officers of the Corporation and at-large members
as are assigned to the Executive Committee by the Board of Directors or as otherwise provided for
in Article VIII hereof. The Chairperson shall be the chairperson of the Executive Committee. It
shall be the duty of the Executive Committee (as defined below) to act for the Board of Directors
in accordance with the policies and programs established by the Board of Directors, these By-
Laws and the Articles of Incorporation. The Executive Committee shall have the authority to act
during the intervals between meetings of the Board of Directors. Except as set forth in Section
8
7.13, the Executive Committee shall possess and may exercise the authority of the Board of
Directors in the management of the ordinary business affairs of the Corporation, in addition to
such other duties as are delegated to it by the Board of Directors. The Executive Committee shall
direct the Secretary to keep an accurate record of its meetings.
Section 7.08 Finance Committee. The Board of Directors shall convene and appoint
members to a Finance Committee of the Corporation (the “Finance Committee”). The Finance
Committee shall be responsible for the oversight of all of the Corporation’s financial reporting
requirements, which shall entail ensuring that (a) the financial accounts and records of the
Corporation are maintained in accordance with United States generally accepted accounting
principles and (b) that the Corporation be audited annually by an independent certified public
accountant (“CPA”). The Finance Committee, together with the Audit Committee (as defined
below), shall oversee the financial reporting process.
Section 7.09 Audit Committee. The Board of Directors shall convene and appoint
members to an Audit Committee of the Corporation (the “Audit Committee”). The Audit
Committee shall be responsible for overseeing the Corporation’s external audit process by
managing the selection, appointment, compensation, oversight and retention of such independent
CPA(s) as are selected, from time to time, to perform the Corporation’s external audit. The Audit
Committee, together with the Finance Committee, shall oversee the financial reporting process.
The Audit Committee shall oversee the risk assessment and risk management of the Corporation.
Section 7.10 Board Development Committee. The Board of Directors shall convene
and appoint members to a Board Development Committee of the Corporation (the “Board
Development Committee”). The Board Development Committee shall be responsible for
nominating candidates for the Board of Directors and nominating officers of the Corporation. The
Board Development Committee shall review and propose amendments to the Corporation’s By-
Laws. The Board Development Committee shall be responsible for providing training and
development opportunities to the Board of Directors.
Section 7.11 Safety Committee. The Board of Directors shall convene and appoint
members to a Safety Committee of the Corporation (the “Safety Committee”). The Safety
Committee shall provide oversight of strategic safety planning, organization prevention efforts and
safety policies and procedures of the Corporation.
Section 7.12 Ex-Officio Members. The Chairperson and the Chief Executive Officer of
the Corporation and/or their designees shall be the ex-officio members of all Committees.
Section 7.13 Actions Requiring Approval of the Board of Directors. Notwithstanding
anything to the foregoing, a Committee (including the Executive Committee) is expressly
prohibited from taking the following actions:
(a) filling any vacancy of the Board of Directors or the Executive Committee;
(b) adopting any amendments or repealing the (i) Articles of Incorporation of
the Corporation or (ii) these By-Laws;
9
(c) incurring any indebtedness or encumbering any of the assets of the
Corporation;
(d) making any loans of the funds of the Corporation;
(e) approving the entry by the Corporation of any agreement or transaction
between the Corporation, on the one hand, and any Director or officer of the Corporation,
or any corporation, firm, association or other entity in which one or more of the Directors
or officers are directors or officers, or have a financial interest (directly or indirectly
through a relative), on the other hand;
(f) approving the giving of any guarantees by the Corporation;
(g) approving any plan of merger or consolidation of the Corporation;
(h) approving the sale, lease, mortgage or other disposition of all, or
substantially all of the assets of the Corporation;
(i) approving the dissolution or liquidation of the Corporation; or
(j) approving any fundamental change in the purpose, character or business of
the Corporation.
ARTICLE VIII
SUPPORT ORGANIZATIONS AND TRUSTEES OF THE CORPORATION
Section 8.01 Support Organizations. The Board of Directors shall have the right to
create one or more Support Organizations (each a “Support Organization”). The Support
Organizations will be organized for the purpose of performing ancillary services for and on behalf
of the Corporation. The current Support Organization of the Corporation is hereinafter set forth.
(a) Boys & Girls Clubs of Metropolitan Phoenix Foundation. The Boys & Girls
Clubs of Metropolitan Phoenix Foundation (the “MP Foundation”) shall at all times have
an independent board of directors, which shall consist of the then current Chief Executive
Officer, Chairperson and the Treasurer of the Corporation and such other persons as shall
be designated by the MP Foundation. The MP Foundation shall create its own governing
rules and regulations, provided, however, that such rules and regulations shall not be
inconsistent with the rules and regulations of the Corporation. The Executive Committee
shall include a member of the MP Foundation designated b y the MP Foundation to serve
on the Executive Committee and on the Board of Directors.
Section 8.02 School Governing Board. The Board of Directors shall appoint a School
Governing Board (“School Governing Board”), which shall consist of not less than three, nor more
than ten members, at least one of whom shall be a member of the Board of Directors. A School
Governing Board shall be created for each charter that is held by the Corporation (“Charter
School”). Each member of the School Governing Board shall serve for a term of three years,
unless removed earlier by the majority vote of the Board of Directors or by resignation. The School
Governing Board shall have responsibility for managing both the financial and instructional
10
oversight of the Charter School. The School Governing Board shall have the duty to promulgate
policies for the Charter School and shall operate in a manner consistent with Arizona law and in
accordance with such rules and regulations as the Board of Directors may issue from time to time.
Furthermore, the School Governing Board shall review, approve and ratify such other matters
(such as the annual budget) as may be delegated by the Board of Directors from time to time. In
no event, however, will the School Governing Board have the authority of the Board of Directors
to: (1) fill vacancies on the Board of Directors or any committee of the Board of Directors,
including the School Governing Board; (2) amend or repeal any organizational or governance
documents of the Corporation; or (3) fix compensation of the Directors or any other officers of the
Corporation. Any member of the School Governing Board may be removed, with or without cause,
by the Bo ard of Directors. If any vacancies occur on the School Governing Board, a majority of
the members of the School Governing Board shall be entitled to nominate, from time to time,
potential members to fill such vacancy; provided, that the Board of Directors may elect to confirm
such a nomination, or elect any other qualified person to fill such vacancy, as the Board of
Directors determines in its sole discretion. The Board of Directors, with or without cause, may
dissolve the School Governing Board or remove any member thereof at any time. The School
Governing Board shall meet not less than quarterly and all meetings of the School Governing
Board shall be conducted in accordance with, and governed by, the applicable provisions of the
Arizona Open Meeting Law, A.R.S. §§38-431 et. seq. (as may be amended from time to time). All
members serving on the School Governing Board shall comply with any applicable laws or
regulation necessary to serve on such School Governing Board.
Section 8.03 Trustees. Trustees of the Corporation (each a “Trustee”) shall provide
counsel and assistance to the Chairperson and to the Board of Directors. The Trustees shall serve
as ambassadors and advocates for the Corporation and use their personal and professional position
to provide entrée to key stakeholders and potential investors and donors. Trustees shall not have
the duties or obligations of members of the Board of Directors as set forth herein or under law.
Trustees shall pay dues as the Board of Directors may, from time to time, establish, if any. Dues
of the Trustees may be waived by the Board of Directors at its discretion.
Section 8.04 General. The Chairperson, subject to the approval of the Executive
Committee, may create one or more committees or a special appointment to a committee. Except
as provided otherwise in these By-Laws, the Chairperson jointly with the CEO and subject to the
approval of a majority of the Executive Committee, will appoint one or more Directors to serve
on each committee. In the discretion of the Chairperson, an y person serving on a committee need
not be a Director. These By-Laws or the resolution establishing a committee, as applicable, shall
set forth its powers and duties. Members of any committee, shall serve at the pleasure of, and may
be removed with or without cause at an y time by, the Chairperson, subject to the approval of the
Executive Committee. If a vacanc y occurs on an y committee, the vacancy may be filled b y the
Chairperson jointly with the CEO, subject to the approval of a majority of the Executive
Committee. A committee may exercise the powers specifically granted to it by the Chairperson,
which generally will include the delegated authority to take action on behalf of the Board of
Directors.
11
ARTICLE IX
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Section 9.01 Indemnification. To the greatest extent provided by law, as provided in
Arizona Revised Statutes Section 10-3850 et seq. (as may be modified, supplemented or replaced
from time to time), and except as provided in these By-Laws, the Corporation shall hold harmless
and indemnify each of its current and former Directors and officers (hereinafter each is individually
referred to as an “Indemnitee”) for, from and against any and all liability and expenses incurred
by the Indemnitee in connection with any threatened or actual proceeding or legal action resulting
from the Indemnitee’s service to the Corporation or to another entity at the Corporation’s request.
Section 9.02 Exclusions. Except insofar as permitted by law, the Corporation shall not
indemnify the Indemnitee if indemnification is prohibited by Arizona Revised Statutes Section 10-
3850 et seq. (Authority to Indemnify) (as may be modified, supplemented or replaced from time
to time). In addition, the Corporation shall not indemnify the Indemnitee for the following:
(a) The amount of a financial benefit received by an Indemnitee to which the
Indemnitee is not entitled, whether or not that benefit resulted from action taken within the
scope of the Indemnitee’s office;
(b) An act or omission by the Indemnitee on the Corporation not taken in good
faith or an act or omission by the Indemnitee on the Corporation involving the intentional
infliction of harm, intentional misconduct or a knowing violation of the law;
(c) A breach of the Indemnitee’s duty of loyalty to the Corporation;
(d) An act or omission for which the liability of the Indemnitee is expressly
provided for by Arizona Revised Statutes Section 10-3830 (General Standards for
Directors), Arizona Revised Statutes Section 10-3833 (Liability for Unlawful
Distributions) or any other statute that expressly provides for the liability of the Indemnitee
(in each case, as may be modified, supplemented or replaced from time to time);
(e) In connection with a proceeding by or in the right of the corporation in
which the Director was adjudged liable to the corporation;
(f) In connection with any other proceeding charging improper personal benefit
to the Director, whether or not involving action in the Director’s official capacity, in which
the Director was adjudged liable on the basis that personal benefit was improperly received
by the Director; or
(g) An intentional violation by the Indemnitee of criminal laws.
Section 9.03 Procedure. The Indemnitee shall notify the Corporation promptly of the
threat or commencement of any proceeding or legal action with respect to which the Indemnitee
intends to seek indemnification and shall give the Corporation a reasonable opportunity to defend
the same at its own expense and with counsel reasonably satisfactory to the Indemnitee. The
Corporation shall be entitled to assume the Indemnitee’s defense with counsel reasonably
satisfactory to the Indemnitee, unless the Indemnitee provides the Corporation with an opinion of
counsel reasonably concluding that there may be a conflict of interest between the Indemnitee and
12
the Corporation in the defense of the proceeding or legal action, or that there may be legal defenses
available to the Indemnitee which are different from or in addition to those available to the
Corporation or if the Corporation shall, after receiving notice of the Corporation’s indemnification
obligation and within a period of time necessary to preserve any and all defenses to any claim
asserted, fails to assume the defense or to employ counsel for that purpose satisfactory to the
Indemnitee, the Indemnitee shall have the right, but not the obligation, to undertake the defense
of, and to compromise or settle the claim or other matter on behalf of, for the account of, and at
the risk of, the Corporation. The Corporation shall be responsible for the reasonable counsel fees,
costs, and expenses of the Indemnitee in conducting its defense.
Section 9.04 Expense Advances. The Corporation shall advance expenses, including
attorneys’ fees, incurred or to be incurred by the Indemnitee in defending a proceeding or legal
action upon receipt of notice and, if required by law, of an undertaking by or on behalf of the
Indemnitee. The Indemnitee shall repay all amounts advanced if it is ultimately determined by
final judicial decision (after expiration or exhaustion of any appeal rights) that the Indemnitee is
not entitled to be indemnified for such expenses. In addition, whether the Corporation pays for the
reasonable expenses or reimburses an Indemnitee, The Indemnitee must first provide the
Corporation with a written affirmation of the Indemnitee’s good faith belief that he or she has met
the standard of conduct contained in Arizona Revised Statutes Section 10-3830 and/or Arizona
Revised Statutes Section 10-851 (in each case, as may be modified, supplemented or replaced from
time to time), or that the proceeding involves conduct for which liability has been eliminated
pursuant to Arizona Revised Statutes Section 10-3202(B)(1) (Articles of Incorporation) (as may
be modified, supplemented or replaced from time to time).
Section 9.05 Settlement of Claims. Neither the Corporation nor the Indemnitee will
unreasonably withhold consent to any proposed settlement. The Corporation shall not be obligated
to indemnify the Indemnitee for any amounts incurred in settlement, if settlement is made without
the Corporation’s prior written consent. The Corporation shall not enter into any settlement that
would impose any penalty or limitation on the Indemnitee without the Indemnitee’s prior written
consent.
Section 9.06 Insurance and Other Indemnification. The Board of Directors shall have
the power to cause the Corporation: (a) to purchase and maintain, at the Corporation’s expense,
insurance on behalf of the corporation and on behalf of others to the extent that power to do so has
been or may be granted by statute; and (b) to give other indemnification to the extent permitted by
law.
Section 9.07 Effect of Repeal. In order that officers and Directors may rely on the
indemnification promised by this Article IX, no repeal or amendment of this Article IX shall reduce
the right of the Indemnitee to payment of expenses or indemnification for acts of the Indemnitee
taken before the date of repeal or amendment.
ARTICLE X
CODE OF ETHICS AND WHISTLEBLOWER
Section 10.01 Standards. The Corporation requires and encourages Directors, officers
and employees to observe and practice high standards of business and personal ethics in the
13
conduct of their duties and responsibilities. The employees and representatives of the Corporation
must practice honesty and integrity in fulfilling their responsibilities and comply with all
applicable laws and regulations. It is the intent of the Corporation to adhere to all laws and
regulations that apply to the Corporation and the underlying purpose of this policy is to support
the Corporation’s goal of legal compliance. The support of all corporate staff is necessary to
achieve compliance with various laws and regulations.
Section 10.02 Reporting Violations. If any Director, officer or employee reasonably
believes that some policy, practice or activity of the Corporation is in violation of law, a written
complaint must be filed by that person with the Chairperson or any Vice Chairperson.
Section 10.03 Acting in Good Faith. Anyone filing a complaint concerning a violation or
suspected violation of the Corporation’s Code of Ethics (the “Code”) must be acting in good faith
and have reasonable grounds for believing the information disclosed indicates a violation of the
Code. Any allegations that prove not to be substantiated and which prove to have been made
maliciously or knowingly to be false shall be viewed as a serious disciplinary offense.
Section 10.04 Retaliation. The Corporation shall not retaliate against any Director, officer
or employee who in good faith has made a protest or raised a complaint against some practice of
the Corporation or of another individual or entity with whom the Corporation has a business
relationship on the basis of a reasonable belief that the practice is in violation of law or a clear
mandate of public policy. The Corporation shall not retaliate against any Director, officer or
employee who discloses or threatens to disclose to a supervisor or a public body any activity,
policy or practice of the Corporation that the individual reasonably believes is in violation of a
law, rule or regulation mandated pursuant to law or reasonably believes is in violation of a clear
mandate of public policy concerning the health, safety, welfare or protection of the environment.
Said person is protected from retaliation only if he or she brings the alleged unlawful activity,
policy or practice to the attention of the Corporation and provides the Corporation with a
reasonable opportunity to investigate and correct the alleged unlawful activity. The protection
described in Section 10.05 is only available to individuals that comply with this requirement.
Section 10.05 Confidentiality. Violations or suspected violations may be submitted on a
confidential basis by the complainant or may be submitted anonymously. Reports of violations or
suspected violations shall be kept confidential to the extent possible, consistent with the need to
conduct an adequate investigation.
ARTICLE XI
DISPOSITION OF ASSETS UPON DISSOLUTION
Upon the dissolution of the Corporation by duly authorized articles of dissolution adopted
in accordance with Arizona Revised Statutes Section 10-11401 et seq. (as may be modified,
supplemented or replaced from time to time), the Board of Directors, in its sole discretion, shall,
after paying or making provisions for the payment of all the liabilities of the Corporation, dispose
of all the assets of the Corporation exclusively for the purposes of the Corporation in such manner
or to such organization or organizations organized and operated exclusively for charitable,
educational, religious or scientific purposes as shall at the time qualify as an exempt organization
or exempt organizations under Section 501(c)(3) of the Tax Code or the corresponding provision
14
of any future United States federal tax code. Any such assets not disposed of shall be disposed of
by a court of competent jurisdiction, in which the principal office of the Corporation is then
located, exclusively for such purposes or to such organization(s) as the court shall determine that
are organized and operated exclusively for such purposes. In the event of dissolution of the
Corporation, no Director shall have any rights nor receive any assets of the Corporation.
ARTICLE XII
GENERAL PROVISIONS
Section 12.01 Checks. All checks or demands for money and notes of the Corporation
shall be signed by such officer or officers or such other person or persons as the Board of Directors
may from time to time designate.
Section 12.02 Fiscal Year. The fiscal year of the Corporation shall be July through June.
Section 12.03 Seal. The Corporation’s seal shall have inscribed thereon the name of the
Corporation.
Section 12.04 Gender and Number. Within these By-Laws, words of any gender include
any other gender, and words in the singular number include the plural, unless the context otherwise
requires.
ARTICLE XIII
AMENDMENTS
These By-Laws may be altered or repealed, in whole or in part, and new By-Laws adopted
at any annual, regular or special meeting of the Board of Directors by the majority vote of a quorum
of the Board of Directors; provided, however, that notwithstanding the provisions of Section 3.07
and Section 3.08, the proposed change is given in the notice of such meeting at least 30 days prior
to the meeting.
[Signature page follows]
Apache Junction Other Government Funding
Source and amount of funding received from other governmental agencies
City of Avondale $ 5,000
City of Chandler $ 90,000
Town of Gilbert $ 75,000
City of Glendale $ 15,000
City of Peoria $ 8,000
City of Phoenix $ 10,000
City of Tempe $ 50,000
State of Arizona CARES Fund $1,500,000
State of Arizona CACFP
Food Program $ 300,176
Arizona Department of Education $ 146,332
Execution Version
KE 65315085
ARTICLES OF RESTATEMENT
OF
THE ARTICLES OF INCORPORATION
(AS PREVIOUSLY AMENDED AND RESTATED)
OF
BOYS & GIRLS CLUBS OF THE EAST VALLEY
___________________________________________
Pursuant to the provisions of Arizona Revised Statutes Section 10-11007, Boys & Girls
Clubs of the East Valley (the “Corporation”) adopts the following Articles of Restatement (the
“Articles of Restatement”) to its Restated Articles of Incorporation, dated September 2, 1986 (the
“Original Articles”):
FIRST: The name of the Corporation is Boys & Girls Clubs of East Valley – Metro
Phoenix, Inc.
SECOND: These Articles of Restatement were adopted by resolution of the Board of
Directors of the Corporation on December 19, 2019, in accordance with the laws of the State of
Arizona, to be effective as of January 1, 2020.
THIRD: The Corporation hereby adopts the following Second Amended and Restated
Articles of Incorporation, which accurately copies its Articles of Incorporation and all amendments
thereto that are in effect to date, as further amended by such Second Amended and Restated
Articles of Incorporation as hereinafter set forth, and which contain no other change in any
provision thereof.
FOURTH: The Original Articles are hereby superseded by the Second Amended and
Restated Articles of Incorporation, which is adopted in its entirety as follows:
1
SECOND AMENDED AND RESTATED
ARTICLES OF INCORPORATION
OF
BOYS & GIRLS CLUBS OF EAST VALLEY – METRO PHOENIX, INC.
___________________________________________
ARTICLE I
NAME
The name of the corporation (the “Corporation”) is Boys & Girls Clubs of East Valley –
Metro Phoenix, Inc.
ARTICLE II
PURPOSE
The Corporation is organized exclusively for charitable, religious, educational, and
scientific purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, or the corresponding provision or provisions of any subsequent United States Internal
Revenue law or laws (the “Internal Revenue Code”), including, for such purposes, the making of
distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the
Internal Revenue Code, or the corresponding section of any future federal tax code. Within the
scope of the foregoing purposes, the Corporation enables young people to reach their full potential
as productive, caring, and responsible community members. The assets and properties of the
Corporation are hereby pledged for use in performing its exempt functions.
ARTICLE III
AUTHORITY
The Corporation is a nonprofit corporation and shall have all of the powers, duties,
authorizations and responsibilities applicable to nonprofit corporations under the laws of the State
of Arizona. Notwithstanding the foregoing, the Corporation shall neither have nor exercise any
power, nor engage directly or indirectly in any activity, that would invalidate its status as an
organization exempt from federal income tax and described in Section 501(c)(3) of Internal
Revenue Code.
ARTICLE IV
PLACE OF BUSINESS
The known place of business and business address of the Corporation shall be 4309 E
Belleview St. Bldg. 14, Phoenix AZ 85008. The Corporation may conduct its business and
maintain offices for such purposes at such other place or places, within or outside the County of
Maricopa or the State, as may from time to time be deemed advisable by the Board of Directors
of the Corporation as set forth in the By-Laws of the Corporation.
2
ARTICLE V
MEMBERS
The Corporation shall not have members.
ARTICLE VI
NONPROFIT
No part of the net earnings of the Corporation shall inure to the benefit of any director or
officer of the Corporation, or any private individual; provided, however, that reasonable
compensation may be paid for services rendered to or for the Corporation and expenses may be
reimbursed or paid in furtherance of one or more of its purposes.
ARTICLE VII
ACTIVITIES
No substantial part of the activities of the Corporation shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and the Corporation shall not
participate in, or intervene in (including the publishing or distribution of statements) any political
campaign on behalf of any candidate for public office.
ARTICLE VIII
DISSOLUTION
In the event the Corporation is dissolved, after all liabilities and obligations of the
Corporation are paid or provision is made therefor, the Board of Directors shall adopt a plan for
the distribution of the remaining assets of the Corporation to such organization or organizations
selected by the Board of Directors that are organized and operated exclusively for charitable
purposes as shall at that time have purposes similar to those of the Corporation, and which qualify
as charitable or educational organizations under Section 501(c)(3) of the Internal Revenue Code.
Any such assets not disposed of shall be disposed of by the Superior Court of the county in which
the principal office of the Corporation is then located, exclusively for such purposes or to such
organization or organizations as the Court shall determine which are organized and operated
exclusively for such purposes. No director or officer of the Corporation and no private individual
will be entitled to share in the distribution of any assets of the Corporation in the event of its
dissolution.
ARTICLE IX
INDEMNIFICATION
The Corporation shall hold harmless and indemnify any person who was, is, or is threatened to be
made a named defendant or respondent in a proceeding because the person (i) is or was a director
or officer of the Corporation or (ii) while a director or officer of the Corporation, is or was serving
at the request of the Corporation as a director, trustee, officer, partner, venturer, proprietor,
employee, agent or similar functionary of another foreign or domestic corporation, partnership,
joint venture, sole proprietorship, trust, employee benefit plan or other enterprise (each an
“Indemnitee”), to the fullest extent that a corporation may grant indemnification to a director under
3
the Arizona Revised Statutes Section 10-3850 et seq., as the same exists or may hereafter be
amended.
The rights conferred above shall not be exclusive of any other right which any person may have
or hereafter acquire under any statute, by-law, resolution of directors, agreement or otherwise.
Except insofar as permitted by law, the Corporation shall not indemnify an Indemnitee if
(i) indemnification is prohibited by Arizona Revised Statutes Section 10-3850 et seq., or any
successor thereto, (ii) the liability is for conduct described in clauses (a) through (d) of Arizona
Revised Statutes Section 10-3202(B)(1), or any successor provision, or (iii) the liability is for
violation of Arizona Revised Statutes Section 10-3830.
Unless limited by these Articles of Incorporation or the Corporation’s By-Laws, the Corporation
shall indemnify an outside director against liability. Unless limited by these Articles of
Incorporation or the Corporation’s By-Laws, the Corporation shall pay an outside director’s
expenses in advance of a final disposition of a proceeding, if the director furnishes the Corporation
with a written affirmation of the director’s good faith belief that the director has met the
Corporation’s standard of conduct and the director furnishes the Corporation with a written
undertaking executed personally, or on the director’s behalf, to repay the advance if it is ultimately
determined that the director did not meet the standard of conduct. The undertaking required by this
subsection is an unlimited general obligation of the director but need not be secured and shall be
accepted without reference to the director's financial ability to make repayment.
Notwithstanding the other provisions of this Article, the Corporation may not indemnify or
maintain insurance or a similar arrangement on behalf of any person if such indemnification or
maintenance of insurance or similar arrangement would subject the Corporation to income or
excise tax under the Internal Revenue Code.
To the greatest extent provided by law, the private property of the current and former directors,
officers, employees, or agents of the Corporation shall be exempt from execution or other liability
for any debts and obligations of any kind whatsoever of the Corporation, and no current and former
directors, officers, employees, or agents of the Corporation shall be liable or responsibly for any
debts or liabilities of the Corporation.
ARTICLE X
POWER TO AMEND, ALTER, OR REPEAL
The power to adopt, alter, amend or repeal the By-Laws of the Corporation and the power
to amend or restate these Articles of Incorporation shall be vested exclusively in the Board of
Directors of the Corporation.
4
ARTICLE XI
STATUTORY AGENT
The name and address of the statutory agent of the Corporation is:
Corporation Service Company
8825 N 23rd Avenue, Suite 100
Phoenix, AZ 85021
ARTICLE XII
BOARD OF DIRECTORS
The Board of Directors of the Corporation shall be the governing body of the Corporation.
The membership of the Board of Directors of the Corporation, until such time as their successors
are duly elected and shall qualify, shall be those individuals listed on Exhibit A.
ARTICLE XIII
INITIAL INCORPORATORS
The initial incorporators are:
Carol Royse
1864 East Chrystal Way
Tempe, Arizona 85284
Larry Allen
P.O. Box 886
Chandler, Arizona 85224
ARTICLE XIV
DURATION
The duration of the Corporation shall be perpetual.
A-1
Exhibit A
The membership of the Board of Directors of the Corporation, until such time as their successors
are duly elected and shall qualify, shall be the individuals listed on this Exhibit A.
Name Address
Adam C. Singer 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
AJ Maestas 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Alan Detata 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Alfredo Dreyfus 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Allan Allford 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Amy E. Patel 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Amy J. Gittler 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Andrew Reese 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Andrew R. Deschapelles 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Bart Patterson 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Basil S. Zaidi 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Charles W. Lotzar 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Chris Owen 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Clarissa Cerda 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Cullen Maxey 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Dale R. Adams 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Darius A. Green 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
David A. Bloss, Sr. 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
David Crummey 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
David W. Ralls 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Diana L. Vowels 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Dion Geary 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Donna L. Tannatt 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Freddie Dobbins 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
George Spelius 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Glenn A. Pahnke 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Glynis A. Bryan 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Holly Linder 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Exhibit A (cont'd)
A-2
Name Address
Jake Ulrich 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
James Bosserman 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
James C. Katzman 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
James F. Brewer 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
James G. Bazlen 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
James R. Moffett Jr. 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Jeffrey D. Lowe 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Jeffrey S. Terrill 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Jim C. Stabilito 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Jimmy Lindblom 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Jody R. Sarchett 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
John G. Barry 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Kami Hoskins 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Kevin W. McHolland 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Kimberly D. Shepard 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Linda Little 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Luke A. Stokebrand 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Maria Brink 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mark L. Joos 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mark S. El-Tawil 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mark T. Peterson 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mark W. Schouten 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Meg T. Sassaman 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Michael S. Romano 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Michael Vercio 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mike Barnhart 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Mike Carney 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Neal S. Crapo 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Pat Crowley 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Patrick O. Epum 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Ralph Marchetta 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Exhibit A (cont'd)
A-3
Name Address
Robert E. Dubberly 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Robert J. Micera 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Robert M. Nawfel 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Ryan J. Murray 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Scott Nance 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Sean R. Waltz 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Seth Tucker 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Shelly L. Sexton 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Steve Ryan 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Steven L. Ortega 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Suzee Smith-Everhard 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Ted N. Geisler 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Timothy Muehlhausen 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Tom Connell 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Tom Wolf 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Tracy Taylor 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Travis Anglin 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
William Rau 4309 E Belleview St. Bldg. 14, Phoenix AZ 85008
Year to Date
Actual
2020/21 FY
Budget YTD
YTD Better
(Worse) Than
YTD Budget
Annual Budget
FY 20/21
REVENUES
United Way 128,102 97,500 30,602 195,000
Special Events - net of expenses 149,335 275,000 (125,665) 1,831,270
Contributions 3,191,495 3,123,630 67,865 6,983,084
Government Funding 1,484,234 1,106,854 377,380 1,912,000
In-Kind Donations 53,947 22,500 31,447 45,000
BGCMP Foundation 89,441 89,441 550,000
Program Fees 695,116 1,659,104 (963,988) 3,287,275
Misc Earned Income 566,457 403,250 163,207 843,300
Released from Restrictions 428,467 790,678 (362,211) 1,581,355
TOTAL REVENUES 6,786,594 7,478,516 (691,922) 17,228,284
EXPENSES
Salaries, Benefits, ER Taxes 4,925,497 5,482,419 556,922 11,139,370
Contracted Services 760,103 698,711 (61,392) 1,088,000
Supplies 468,858 909,060 440,202 1,782,443
Telephone 84,284 74,033 (10,251) 145,000
Postage 5,586 3,548 (2,038) 7,100
Occupancy (Bldg Maint, Cleaning, Utilities)690,231 661,004 (29,227) 1,260,546
Equipment & Equip/Maint.80,854 119,195 38,341 436,500
Printing/Public Relations 94,595 74,756 (19,839) 136,900
Transportation 24,126 60,766 36,640 121,315
Conferences, Meetings, Trainings 12,815 66,556 53,741 152,500
National and Organizational Dues 7,927 7,000 (927) 64,000
Youth Related Expenses 81,190 102,000 20,810 229,000
Insurance 183,437 199,341 15,904 429,310
Miscellaneous/Loan Interest 48,565 44,750 (3,815) 104,475
TOTAL EXPENSES 7,468,068 8,503,139 1,035,071 17,096,459
Net Before Transfers (681,474) (1,024,624) 343,149 131,825
Transfer to Loan Principal 67,690 65,913 (1,778) 131,825
Variance-After Transfers (749,164) (1,090,536) 341,372 -
BOYS & GIRLS CLUBS OF THE VALLEY, INC.
REVENUE AND EXPENSE REPORT
FISCAL YEAR 2020/2021 - FOR THE 6 MONTHS ENDING DECEMBER 31, 2020
ACTUAL VERSUS BUDGET
A S S E T S
CASH AND INVESTMENTS:December 31, 2020 June 30, 2020
CASH 5,841,683 8,016,651
INVESTMENTS 5,410,873 3,002,606
TOTAL CASH AND INVESTMENTS 11,252,556 11,019,257
OTHER ASSETS 59,417 167,715
RECEIVABLES, INCLUDING TEMP RESTRICTED 753,041 4,749,354
PROPERTY AND EQUIPMENT, net 20,182,939 20,442,257
DONATED LEASE RECEIVABLE 5,470,831 5,470,831
INTEREST IN FOUNDATION NET ASSETS 8,999,084 7,670,963
TOTAL ASSETS 46,717,868$ 49,520,376$
L I A B I L I T I E S A N D N E T A S S E T S
CURRENT LIABILITIES 189,698 1,886,852
LONG-TERM DEBT 2,855,492 3,324,273
TOTAL LIABILITIES 3,045,190 5,211,125
NET ASSETS
WITHOUT RESTRICTIONS 26,386,833 27,102,183
WITH RESTRICTIONS 17,285,845 17,207,067
TOTAL NET ASSETS 43,672,678 44,309,251
TOTAL LIABILITIES AND NET ASSETS 46,717,868$ 49,520,375$
BOYS & GIRLS CLUBS OF THE VALLEY, INC.
STATEMENT OF FINANCIAL POSITION
AS OF DECEMBER 31, 2020
Titl
e
First
Name Last Name
Mr. Dale Adams
Mr. Robert Allford
Mr. Travis Anglin
Mr.Mike Barnhart
Mr. Jack Barry
Mr. Jim Bazlen
Mr. David Bloss
Mr. James Bosserman
Mr. James Brewer
Ms. Maria Brink
Ms. Glynis Bryan
Mr. Mike Carney
Ms. Clarissa Cerda
Mr. Neal Crapo
Mr. David Crummey
Mr. Alan Detata
Mr. Freddie Dobbins
Mr. Alfredo Dreyfus
Mr. Robert Dubberly
Mr. Mark El-Tawil
Mr. Patrick Epum
Ms. Dion Geary
Mr. Ted Geisler
Ms. Amy Gittler
Mr. Darius Green
Ms. Kami Hoskins
Ms. Jackie Hunter
Mr. James Katzman
Ms. Kristina Keating
Mr. Jimmy Lindblom
Ms. Holly Linder
Ms. Linda Little
Mr. Charles Lotzar
Mr. Jeffrey Lowe
Mr. Ralph Marchetta
Mr. Cullen Maxey
Mr. Kevin McHolland
Mr. Robert Micera
Mr. James Moffett
Mr.Alfredo Molina
Mr. Tim Muehlhausen
Mr. Ryan Murray
Mr. Scott Nance
Mr. Robert Nawfel
Mr. Steven Ortega
Mr. Chris Owen
Mr. Glenn Pahnke
Ms. Amy Patel
Mr. Bart Patterson
Mr. Mark Peterson
Mr. David Ralls
Mr. William Rau
Mr. Andrew Reese
Mr. Michael Romano
Mr. Stephen Ryan
Ms. Jody Sarchett
Ms. Meg Sassaman
Mr. Mark Schouten
Ms. Michelle Sexton
Ms.Kimberly Shepard
Mr. Adam Singer
Mrs. Suzee Smith-Everhard
Mr. George Spelius
Mr. James Stabilito
Mrs. Donna Tannatt
Ms. Tracy Taylor
Mr. Jeffrey Terrill
Mr. Seth Tucker
Mr. Jake Ulrich
Mr. Michael Vercio
Mrs. Diana Vowels
Mr. Sean Waltz
Mr. Tom Wolf
Mt. Basil Zaidi
I II.S Department of the Treaaury
Internal Revenue Service
P.O.Box 2508,M/S 6403 In reply refer to:4077950279CincinnatiOH45201Apr.21,2020 LTR 4168C 0
86-0550646 000000 00
00000568
BODC:TE
BOYS &GIRLS CLUBS OF THE VALLEY
INC
4309 E BELLEVIEW ST BLDG 14
PHOENIX AZ 85008-5409
018407
Employer ID number:86—0550646
Form 990 required:YES
Dear Taxpayer:
We’re responding to your request dated Apr.02,2020,about yourtax-exempt status.
We issued you a determination letter in NOVEMBER 1986,recognizing
you as tax-exempt under Internal Revenue Code (IRC)Section 501(c)(3).
We also show you’re not a private foundation as defined under IRCSection509(a)because you’re described in IRC Sections 509(a)(1)and
170(b)(1)(A)(vi).
Donors can deduct contributions they make to you as provided in IRCSection170.You’re also qualified to receive tax deductible bequests,legacies,devises,transfers,or gifts under IRC Sections 2055,2106,
and 2522.
In the heading of this letter,we indicated whether you must file an
annual information return.If you’re required to file a return,you
must file one of the following by the 15th day of the 5th month after
the end of your annual accounting period:
-Form 990,Return of Organization Exempt From Income Tax
-Form 990EZ,Short Form Return of Organization Exempt From Income
Tax
-Form 990-N,Electronic Notice fe-Postcard)for Tax—ExemptOrganizationsNotRequiredtoFileForm990orForm990-EZ
-Form 990-PF,Return of Private Foundation or Section 4947(a)(1)
Trust Treated as Private Foundation
According to IRC Section 6033(j),if you don’t file a required annualinformationreturnornoticefor3consecutiveyears,we’ll revoke
your tax-exempt status on the due date of the 3rd required return ornotice.
You can get IRS forms or publications you need from our website at
www.irs.gov/forms-pubs or by calling 800-TAX-FORM (800-829-3676).
If you have questions,call 877-829-5500 between 8 a.m.and 5 p.m.,
4077950279
Apr.21,2020 LTR 4168C 0
86-0550646 000000 00
00000569
BOYS &GIRLS CLUBS OF THE VALLEY
INC
4309 E BELLEVIEW ST BLDG 14
PHOENIX AZ 85008-5409
local time,Monday through Friday (Alaska and Hawaii follow Pacific
time).
Thank you for your cooperation.
Sincerely yours,
Stephen A.Martin
Director,EO Rulings &Agreements
Noncash contributions included in lines 1a-1f: $
832009 12-31-18
Total revenue.
(A)(B)(C)(D)
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a
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11 a
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R
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12
Revenue excludedfrom tax undersections512 - 514
All other contributions, gifts, grants, and
similar amounts not included above
See instructions
Form (2018)
Page Form 990 (2018)
Check if Schedule O contains a response or note to any line in this Part VIII
Total revenue Related or
exempt functionrevenue
Unrelated
businessrevenue
Federated campaigns
Membership dues
~~~~~~
~~~~~~~~
Fundraising events
Related organizations
~~~~~~~~
~~~~~~
Government grants (contributions)
~~
Add lines 1a-1f |
All other program service revenue ~~~~~
Add lines 2a-2f |
Investment income (including dividends, interest, and
other similar amounts)
Income from investment of tax-exempt bond proceeds
~~~~~~~~~~~~~~~~~|
|
Royalties |
(i) Real (ii) Personal
Gross rents
Less: rental expenses
Rental income or (loss)
Net rental income or (loss)
~~~~~~~
~~~
~~
|
Gross amount from sales of
assets other than inventory
(i) Securities (ii) Other
Less: cost or other basis
and sales expenses
Gain or (loss)
~~~
~~~~~~~
Net gain or (loss)|
Gross income from fundraising events (not
including $of
contributions reported on line 1c). See
Part IV, line 18 ~~~~~~~~~~~~~
Less: direct expenses ~~~~~~~~~~
Net income or (loss) from fundraising events |
Gross income from gaming activities. See
Part IV, line 19 ~~~~~~~~~~~~~
Less: direct expenses
Net income or (loss) from gaming activities
~~~~~~~~~
|
Gross sales of inventory, less returns
and allowances ~~~~~~~~~~~~~
Less: cost of goods sold
Net income or (loss) from sales of inventory
~~~~~~~~
|
Miscellaneous Revenue
All other revenue ~~~~~~~~~~~~~
Add lines 11a-11d ~~~~~~~~~~~~~~~|
|
9
Part VIII Statement of Revenue
990
Public Copy
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Boys & Girls Clubs of the Valley
Superstition Mountain Branch
2019-2020 Actuals
2019-2020 Actuals
City of Apache
Junction Approved
Funding for 2019-2020
SUPPORT & REVENUES
Contributions $ 52,078
City of Apache Junction 24,500 24,500
Other State/Federal Funding 10,646
United Way Allocations 34
Special Event - Net of Expenses 9,957
Membership Dues/Program Fees 75,979
Rental Income 9,226
Corporate Board Allocation
Total SUPPORT & REVENUES 182,421 24,500
EXPENDITURES
Salaries $ 169,677 22,000
Employee Benefits 27,980 2,500
Occupancy 86,974
Insurance 10,178
Program Supplies 15,137
Printing & Publications 425
Conferences/Trainings/Meetings 609
Vehicle Costs 3,530
Professional Fees/Contracts 8,531
Equipment Rental/Repair 2,175
Depreciation 7,296
Bank Fees and Misc Expenses 2,617
Total EXPENDITURES 335,128 24,500
NET REVENUES IN EXCESS OF
EXPENDITURES
(152,707)0
Boys & Girls Clubs of the Valley
Superstition Mountain Branch
2020-2021 Budget
Adopted 2020-
2021 Budget
City of Apache
Junction Adopted
Funding for 2020-
2021
SUPPORT & REVENUES
Contributions $ 45,000
City of Apache Junction 16,700 16,700
Other State/Federal Funding 10,650
United Way Allocations 34
Special Event - Net of Expenses 50,000
Membership Dues/Program Fees 65,000
Rental Income 9,226
Corporate Board Allocation 143,979
Total SUPPORT & REVENUES 340,589 16,700
EXPENDITURES
Salaries $ 170,525 15,000
Employee Benefits 27,980 1,700
Occupancy 90,975
Insurance 10,200
Program Supplies 15,300
Printing & Publications 425
Conferences/Trainings/Meetings 1,000
Vehicle Costs 3,530
Professional Fees/Contracts 8,530
Equipment Rental/Repair 2,175
Depreciation 7,300
Bank Fees and Misc Expenses 2,650
Total EXPENDITURES 340,589 16,700
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
1
The City of Apache Junction Health and Human Services accepts applications requesting
financial assistance for the support of health and human service needs within the City of
Apache Junction serving city residents. The following provides instructions and eligibility
information regarding the request for non -profit funding.
Information on this program may be found at http://www.ajcity.net/995/Health-
Human-Services-Commission.
The commission was formed under city code Article § 2 -11.
This program is made possible under city code Article § 2-14 Request for Financial
Assistance.
The city code is available at http://www.ajcity.net/614/Read-the-City-Code.
Application Due Date: January 31, 2021
Per city code, the request for financial assistance must be submitted to the city clerk's
office during the month of January to be considered for the following fiscal year. All funding
is subject to the execution of an agreement with the city, the approval of a budget
allocating funds to the program, and the city council's approval.
Eligible Applicants: 501 c(3)
A valid, non-profit organization as qualified by the Internal Revenue Service and as
registered with the Arizona Secretary of State, Arizona Corporation Commission or other
appropriate state office.
The applicant must provide a service or perform work on behalf of the city and its residents
and demonstrate a presence within the community.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
2
Required Documentation per
Ordinance No. 659:
1. Most recent audit report (the City Clerk’s office has discretion to accept a P&L report and IRS tax
filings in lieu of an audit report for smaller nonprofits with an estimated $250,000 or less gross revenue)
2. Most recent financial statement
3. Detailed expenditure statement to include detailed accounting for all previously received
City funds (if applicable)
4. Source and amount of funding received from all other sources (non-governmental
agencies; membership fees and dues; private contributions)
5. Client service information as applicable to City residents (may not apply in all cases)
6. Proof of non-profit status (IRS determination)
7. Proof of corporate status to include copies of by-laws and Articles of Incorporation
8. Source and amount of funding received from other governmental agencies
9. Names and addresses of all current board members of agency governing board
Eligible Activities: Programs and services affording health, public health,
and human services care to all people, especially, to
individuals of underprivileged conditions.
Populations Served: Elderly, handicapped, developmentally disabled, and
other special populations.
Priority Projects: The Commission reserves the right to identify priority
projects for funding.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
3
Agency Information:
Name of Agency
Address
Website
Phone Number
Name of Agency Director
Email Address
Direct Line
Project Manager
Email Address
Direct Line
Secondary Contact
Email Address
Direct Line
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
4
Organization Information:
Provide background information on your agency to include services
currently being provided.
Provide target population and demographic information on your current
clientele to include percentage located within the City of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
5
Provide an example of a previous project success similar to what is being
proposed and/or one that was successful with Health and Human Services
funding support. Include how it was determined to be successful.
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
6
Does your agency have adequate capacity to complete the project being
requested?
Is the execution of this project dependent upon new staff funded through
this program?
Are your board members listed on your website?
Does your website include your mission and vision statements?
Do you have a strategic plan?
Are you listed on the www.211Arizona.org website?
Have you participated in a Project Connect event in the past?
Have you participated in a Health and Wellness Expo in the past?
Have you participated in the Apache Junction Community Resource Center
in the past?
Provide your 501c3 Identification number and renewal date.*
Do you have current By Laws signed by the Board of Directors?*
Do you have current Articles of Incorporation signed by the Board of
Directors?*
Are you filed with the Arizona Secretary of State or Arizona Corporation
Commission?*
*These items shall be submitted every five years to be held on file at the city. Should any
document change or be updated, a new copy shall be submitted to the city within 10
working days.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
7
Problem Statement:
What is the nature and extent of the problem to which you are trying to address?
To whom is this happening?
Why is this happening? What are the reasons or causes for the problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
8
How do you know this is a problem? Provide statistics that support your claim. If available,
please use statistics collected from your agency data and/or local documentation.
What will happen if the problem is not addressed?
What are the gaps between what exists and the solution?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
9
Is there local documentation which identifies this as a problem?
Has the city or the commission identified this as a problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
10
Project Proposal:
What is the proposed project to address the problem identified above? Please address
the who, what, when, where, why, and how.
Is this a best practice or has it been proven successful in other places?
Is this a new or continuing project?
Why is this a need to be addressed?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
11
Who will you serve with this project?
How and will you sustain this project after the agreement has ended?
Are there any community partners on this project? If so, please list.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
12
Please complete the chart below to answer the following questions for each
component of your project.
Approach: What are you going to do?
Inputs/Resources: What resources do you have to complete the project?
Activities: What specific actions will take place?
Outputs: What is the direct product of the activities?
Outcomes: What is the benefit or change as a result of the project?
Goals: W hat is the overall goal of the project?
Project
Component Approach Input Activities Outputs Outcomes Goals
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
13
Financial Information:
What is your Tax ID number?
What is your Arizona Tax Privilege License number?
Does your agency have internal financial controls in place to track, report,
and account for all funds which promotes transparency?
Is a certified public accountant responsible for your daily financials?
Is a certified public accountant responsible for creating your monthly
financial statements? Please provide most recent report.
Is a certified public accountant responsible for your filing your taxes?
When was your last 990 reported?
Where can it be found?
Have you had an audit completed and when?*
Do you have an annual agency budget? Please provide.
Who is responsible for creating your annual budget?
*These items may be submitted every five years to be held on file at the city. Should any document
change or be updated, a new copy shall be submitted to the city within 10 working days.
Provide a list of your annual fundraisers and average amount raised.
Provide a list of your funding sources and the average amount received, including
membership dues and private contributions.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
14
Project Budget:
Please provide a detailed budget by quarter for each itemized expense.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Total
What percentage of the project budget is being requested? $_______
What percentage of your budget is the requested funding? $_______
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
15
Narrative:
Please provide a detailed budget narrative for each itemized expense.
1
2
3
4
5
6
7
8
9
10
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
16
Project Evaluation:
How will you determine your project was successful in reaching your goals and what
methods will you use?
Project a minimum of two SMART Objectives by completing the chart below.
Direction of
change
What is
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City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
17
Scoring Rubric for Commissioners:
Eligibility Questions Y/N
Application was submitted by the required due date.
Application was complete and provided adequate detail.
Applicant meets eligibility requirements.
Serves AJ residents
Has a presence in the community
Is a 501 c(3) non-profit
Provides a health and human services need Proposal Review 1 to 5
Organization Review - 25 points total
Provided information on residents served
Demonstration of successful projects
Demonstration of agency partnerships
Demonstration of agency capacity
Provided all required documentation per Ordinance No. 659
Problem Statement Review - 15 points total
Adequately identified the problem
Adequately identified the gaps
Identified a documented problem
Proposal Review - 20 points total
Provided detailed project information
Demonstration of need
Demonstration of community partners
Provided a detailed project scope
Financial Review - 15 points total
Provided required documentation
Demonstrated a financial need
Provided detailed and eligible budget
Evaluation Review - 10 points total
Comprehensive evaluation plan
Provided a minimum of two SMART objectives
85 points total 0
1 = Did not address adequately 2 = Addressed somewhat 3 = Addressed 4 = Adequately addressed
5 = Exceeded expectation
Jan - Dec 20 Budget
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)273,052.66 175,365.59
4017 · Fundraising Tea Party -225.00 1,000.00
4120 · Non-GAAP in-kind services 488.00
4140 · Gifts in kind 0.00 935.00
4145 · TEFAP 23,191.23
4146 · United Food Bank Donated 81,463.32
4230 · Foundation Gifts 0.00 1,201.00
4 · Contributed Income - Other 1,875.00 4,873.44
Total 4 · Contributed Income 379,845.21 183,375.03
4500 · Unrealized Gain/Loss Investment 1,607.59
5 · Earned Revenue
5310 · Interest on savings 5.20 19.61
Total 5 · Earned Revenue 5.20 19.61
Total Income 381,458.00 183,394.64
Gross Profit 381,458.00 183,394.64
Expense
66000 · Employer Federal PR Tax (Payroll expenses)2,883.27
7000 · Program Expense
7010 · Food 27,472.49 18,772.43
7012 · United Food Bank 81,680.49 270.96
7013 · TEFAP 23,191.23
7015 · Dry Goods 38,326.15 20,570.36
7019 · Client hygiene and clothing 91.24
7040 · Awards & grants - shower vouche (990 line 22)1,000.00 5,821.00
7050 · Specific assisstance - ind 2,400.00 575.00
7065 · Permits & Fees 563.32 561.00
7000 · Program Expense - Other 254.55
Total 7000 · Program Expense 174,979.47 46,570.75
7200 · Salaries & related expenses (header - non-posting)37,689.88
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 1,250.00
7540 · Professional fees 1,425.00 711.00
7541 · Professional Services Payroll 2,965.00
7550 · Non-employee compensation 14,601.71 11,100.00
7560 · Cleaning Services 9,895.00
Total 7500 · Other personnel expens (header - non-posting)30,136.71 11,811.00
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 1
Jan - Dec 20 Budget
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 1,492.29 1,199.76
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)1,253.29 709.36
8115 · Office Supplies 2,466.04 3,207.13
8117 · Computer software 263.02 143.71
8118 · Computer equipment non-deprecia 598.16 129.36
8119 · Computer-Internet-Camera Repair (Repairs)787.50
8130 · Telephone & telecomm 3,370.25 2,051.47
8135 · Internet 687.37 259.20
8140 · Postage, shipping, delivery 330.15 312.84
8150 · Mailing services PO Box 98.00 126.00
8170 · Printing & copying 25.80 265.27
8180 · Books, subscriptions, reference 32.90 49.00
Total 8100 · Nonpersonnel expenses 11,404.77 8,453.10
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)34,351.21 24,136.45
8211 · Kitchen Equipment 44.44 3,010.07
8212 · Building repairs 1,060.80 135.60
8213 · Liability Insurance (Liability Insurance)0.00 1,437.00
8214 · Building Materials 0.00 58.61
8216 · Building Equipment 0.00 411.36
8220 · Utilities 12,203.53 10,758.96
8225 · Pest Control 816.00 780.00
8228 · Waste removal 2,197.55 1,251.00
8235 · Cleaning supplies 98.66 221.95
8260 · Equip rental & maintenance 5,468.44 2,970.39
8264 · Trailer Expense 181.23 88.22
8265 · Minor equipment (Minor Equipment)0.00 11.82
8270 · Depr & amort - allowable 5,234.00
Total 8200 · Facility & equipment expenses 61,655.86 45,271.43
8300 · Travel & meetings expenses
8315 · fuel for food pickups 2,529.75 715.82
8320 · Conferences, meetings 125.00 50.00
Total 8300 · Travel & meetings expenses 2,654.75 765.82
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 4.00
8522 · Vehicle Insurance 1,106.16
8523 · Workers Compensation 3,583.00
Total 8520 · Insurance 4,693.16
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 2
Jan - Dec 20 Budget
8530 · Membership dues 354.00 280.00
8540 · Staff development 2,000.00
8570 · Advertising 3,827.58 4,500.13
8575 · Advertising tee shirts 2,768.00
8583 · PayPal fees on donations 530.67 253.33
8584 · PayPal fee on Fundraising 12.42 26.10
8586 · Fundraising Special Expense 486.73 1,113.03
8590 · Other costs 0.00 0.70
8591 · Bank charges & credit card disc 192.94 87.65
8592 · PayPal fee (990 line 43)0.00 153.03
8594 · EFT fee 0.00 2.65
Total 8500 · Other expenses 14,865.50 6,416.62
Total Expense 336,270.21 119,288.72
Net Ordinary Income 45,187.79 64,105.92
Net Income 45,187.79 64,105.92
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 3
$ Over Budget % of Budget
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)97,687.07 155.7%
4017 · Fundraising Tea Party -1,225.00 -22.5%
4120 · Non-GAAP in-kind services
4140 · Gifts in kind -935.00 0.0%
4145 · TEFAP
4146 · United Food Bank Donated
4230 · Foundation Gifts -1,201.00 0.0%
4 · Contributed Income - Other -2,998.44 38.5%
Total 4 · Contributed Income 196,470.18 207.1%
4500 · Unrealized Gain/Loss Investment
5 · Earned Revenue
5310 · Interest on savings -14.41 26.5%
Total 5 · Earned Revenue -14.41 26.5%
Total Income 198,063.36 208.0%
Gross Profit 198,063.36 208.0%
Expense
66000 · Employer Federal PR Tax (Payroll expenses)
7000 · Program Expense
7010 · Food 8,700.06 146.3%
7012 · United Food Bank 81,409.53 30,144.9%
7013 · TEFAP
7015 · Dry Goods 17,755.79 186.3%
7019 · Client hygiene and clothing
7040 · Awards & grants - shower vouche (990 line 22)-4,821.00 17.2%
7050 · Specific assisstance - ind 1,825.00 417.4%
7065 · Permits & Fees 2.32 100.4%
7000 · Program Expense - Other
Total 7000 · Program Expense 128,408.72 375.7%
7200 · Salaries & related expenses (header - non-posting)
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees
7540 · Professional fees 714.00 200.4%
7541 · Professional Services Payroll
7550 · Non-employee compensation 3,501.71 131.5%
7560 · Cleaning Services
Total 7500 · Other personnel expens (header - non-posting)18,325.71 255.2%
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 4
$ Over Budget % of Budget
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 292.53 124.4%
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)543.93 176.7%
8115 · Office Supplies -741.09 76.9%
8117 · Computer software 119.31 183.0%
8118 · Computer equipment non-deprecia 468.80 462.4%
8119 · Computer-Internet-Camera Repair (Repairs)
8130 · Telephone & telecomm 1,318.78 164.3%
8135 · Internet 428.17 265.2%
8140 · Postage, shipping, delivery 17.31 105.5%
8150 · Mailing services PO Box -28.00 77.8%
8170 · Printing & copying -239.47 9.7%
8180 · Books, subscriptions, reference -16.10 67.1%
Total 8100 · Nonpersonnel expenses 2,951.67 134.9%
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)10,214.76 142.3%
8211 · Kitchen Equipment -2,965.63 1.5%
8212 · Building repairs 925.20 782.3%
8213 · Liability Insurance (Liability Insurance)-1,437.00 0.0%
8214 · Building Materials -58.61 0.0%
8216 · Building Equipment -411.36 0.0%
8220 · Utilities 1,444.57 113.4%
8225 · Pest Control 36.00 104.6%
8228 · Waste removal 946.55 175.7%
8235 · Cleaning supplies -123.29 44.5%
8260 · Equip rental & maintenance 2,498.05 184.1%
8264 · Trailer Expense 93.01 205.4%
8265 · Minor equipment (Minor Equipment)-11.82 0.0%
8270 · Depr & amort - allowable
Total 8200 · Facility & equipment expenses 16,384.43 136.2%
8300 · Travel & meetings expenses
8315 · fuel for food pickups 1,813.93 353.4%
8320 · Conferences, meetings 75.00 250.0%
Total 8300 · Travel & meetings expenses 1,888.93 346.7%
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance
8522 · Vehicle Insurance
8523 · Workers Compensation
Total 8520 · Insurance
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 5
$ Over Budget % of Budget
8530 · Membership dues 74.00 126.4%
8540 · Staff development
8570 · Advertising -672.55 85.1%
8575 · Advertising tee shirts
8583 · PayPal fees on donations 277.34 209.5%
8584 · PayPal fee on Fundraising -13.68 47.6%
8586 · Fundraising Special Expense -626.30 43.7%
8590 · Other costs -0.70 0.0%
8591 · Bank charges & credit card disc 105.29 220.1%
8592 · PayPal fee (990 line 43)-153.03 0.0%
8594 · EFT fee -2.65 0.0%
Total 8500 · Other expenses 8,448.88 231.7%
Total Expense 216,981.49 281.9%
Net Ordinary Income -18,918.13 70.5%
Net Income -18,918.13 70.5%
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 6
Jan - Dec 20 YTD Budget
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)273,052.66 175,365.59
4017 · Fundraising Tea Party -225.00 1,000.00
4120 · Non-GAAP in-kind services 488.00
4140 · Gifts in kind 0.00 935.00
4145 · TEFAP 23,191.23
4146 · United Food Bank Donated 81,463.32
4230 · Foundation Gifts 0.00 1,201.00
4 · Contributed Income - Other 1,875.00 4,873.44
Total 4 · Contributed Income 379,845.21 183,375.03
4500 · Unrealized Gain/Loss Investment 1,607.59
5 · Earned Revenue
5310 · Interest on savings 5.20 19.61
Total 5 · Earned Revenue 5.20 19.61
Total Income 381,458.00 183,394.64
Gross Profit 381,458.00 183,394.64
Expense
66000 · Employer Federal PR Tax (Payroll expenses)2,883.27
7000 · Program Expense
7010 · Food 27,472.49 18,772.43
7012 · United Food Bank 81,680.49 270.96
7013 · TEFAP 23,191.23
7015 · Dry Goods 38,326.15 20,570.36
7019 · Client hygiene and clothing 91.24
7040 · Awards & grants - shower vouche (990 line 22)1,000.00 5,821.00
7050 · Specific assisstance - ind 2,400.00 575.00
7065 · Permits & Fees 563.32 561.00
7000 · Program Expense - Other 254.55
Total 7000 · Program Expense 174,979.47 46,570.75
7200 · Salaries & related expenses (header - non-posting)37,689.88
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 1,250.00
7540 · Professional fees 1,425.00 711.00
7541 · Professional Services Payroll 2,965.00
7550 · Non-employee compensation 14,601.71 11,100.00
7560 · Cleaning Services 9,895.00
Total 7500 · Other personnel expens (header - non-posting)30,136.71 11,811.00
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 7
Jan - Dec 20 YTD Budget
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 1,492.29 1,199.76
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)1,253.29 709.36
8115 · Office Supplies 2,466.04 3,207.13
8117 · Computer software 263.02 143.71
8118 · Computer equipment non-deprecia 598.16 129.36
8119 · Computer-Internet-Camera Repair (Repairs)787.50
8130 · Telephone & telecomm 3,370.25 2,051.47
8135 · Internet 687.37 259.20
8140 · Postage, shipping, delivery 330.15 312.84
8150 · Mailing services PO Box 98.00 126.00
8170 · Printing & copying 25.80 265.27
8180 · Books, subscriptions, reference 32.90 49.00
Total 8100 · Nonpersonnel expenses 11,404.77 8,453.10
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)34,351.21 24,136.45
8211 · Kitchen Equipment 44.44 3,010.07
8212 · Building repairs 1,060.80 135.60
8213 · Liability Insurance (Liability Insurance)0.00 1,437.00
8214 · Building Materials 0.00 58.61
8216 · Building Equipment 0.00 411.36
8220 · Utilities 12,203.53 10,758.96
8225 · Pest Control 816.00 780.00
8228 · Waste removal 2,197.55 1,251.00
8235 · Cleaning supplies 98.66 221.95
8260 · Equip rental & maintenance 5,468.44 2,970.39
8264 · Trailer Expense 181.23 88.22
8265 · Minor equipment (Minor Equipment)0.00 11.82
8270 · Depr & amort - allowable 5,234.00
Total 8200 · Facility & equipment expenses 61,655.86 45,271.43
8300 · Travel & meetings expenses
8315 · fuel for food pickups 2,529.75 715.82
8320 · Conferences, meetings 125.00 50.00
Total 8300 · Travel & meetings expenses 2,654.75 765.82
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 4.00
8522 · Vehicle Insurance 1,106.16
8523 · Workers Compensation 3,583.00
Total 8520 · Insurance 4,693.16
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 8
Jan - Dec 20 YTD Budget
8530 · Membership dues 354.00 280.00
8540 · Staff development 2,000.00
8570 · Advertising 3,827.58 4,500.13
8575 · Advertising tee shirts 2,768.00
8583 · PayPal fees on donations 530.67 253.33
8584 · PayPal fee on Fundraising 12.42 26.10
8586 · Fundraising Special Expense 486.73 1,113.03
8590 · Other costs 0.00 0.70
8591 · Bank charges & credit card disc 192.94 87.65
8592 · PayPal fee (990 line 43)0.00 153.03
8594 · EFT fee 0.00 2.65
Total 8500 · Other expenses 14,865.50 6,416.62
Total Expense 336,270.21 119,288.72
Net Ordinary Income 45,187.79 64,105.92
Net Income 45,187.79 64,105.92
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 9
$ Over Budget % of Budget
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)97,687.07 155.7%
4017 · Fundraising Tea Party -1,225.00 -22.5%
4120 · Non-GAAP in-kind services
4140 · Gifts in kind -935.00 0.0%
4145 · TEFAP
4146 · United Food Bank Donated
4230 · Foundation Gifts -1,201.00 0.0%
4 · Contributed Income - Other -2,998.44 38.5%
Total 4 · Contributed Income 196,470.18 207.1%
4500 · Unrealized Gain/Loss Investment
5 · Earned Revenue
5310 · Interest on savings -14.41 26.5%
Total 5 · Earned Revenue -14.41 26.5%
Total Income 198,063.36 208.0%
Gross Profit 198,063.36 208.0%
Expense
66000 · Employer Federal PR Tax (Payroll expenses)
7000 · Program Expense
7010 · Food 8,700.06 146.3%
7012 · United Food Bank 81,409.53 30,144.9%
7013 · TEFAP
7015 · Dry Goods 17,755.79 186.3%
7019 · Client hygiene and clothing
7040 · Awards & grants - shower vouche (990 line 22)-4,821.00 17.2%
7050 · Specific assisstance - ind 1,825.00 417.4%
7065 · Permits & Fees 2.32 100.4%
7000 · Program Expense - Other
Total 7000 · Program Expense 128,408.72 375.7%
7200 · Salaries & related expenses (header - non-posting)
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees
7540 · Professional fees 714.00 200.4%
7541 · Professional Services Payroll
7550 · Non-employee compensation 3,501.71 131.5%
7560 · Cleaning Services
Total 7500 · Other personnel expens (header - non-posting)18,325.71 255.2%
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 10
$ Over Budget % of Budget
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 292.53 124.4%
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)543.93 176.7%
8115 · Office Supplies -741.09 76.9%
8117 · Computer software 119.31 183.0%
8118 · Computer equipment non-deprecia 468.80 462.4%
8119 · Computer-Internet-Camera Repair (Repairs)
8130 · Telephone & telecomm 1,318.78 164.3%
8135 · Internet 428.17 265.2%
8140 · Postage, shipping, delivery 17.31 105.5%
8150 · Mailing services PO Box -28.00 77.8%
8170 · Printing & copying -239.47 9.7%
8180 · Books, subscriptions, reference -16.10 67.1%
Total 8100 · Nonpersonnel expenses 2,951.67 134.9%
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)10,214.76 142.3%
8211 · Kitchen Equipment -2,965.63 1.5%
8212 · Building repairs 925.20 782.3%
8213 · Liability Insurance (Liability Insurance)-1,437.00 0.0%
8214 · Building Materials -58.61 0.0%
8216 · Building Equipment -411.36 0.0%
8220 · Utilities 1,444.57 113.4%
8225 · Pest Control 36.00 104.6%
8228 · Waste removal 946.55 175.7%
8235 · Cleaning supplies -123.29 44.5%
8260 · Equip rental & maintenance 2,498.05 184.1%
8264 · Trailer Expense 93.01 205.4%
8265 · Minor equipment (Minor Equipment)-11.82 0.0%
8270 · Depr & amort - allowable
Total 8200 · Facility & equipment expenses 16,384.43 136.2%
8300 · Travel & meetings expenses
8315 · fuel for food pickups 1,813.93 353.4%
8320 · Conferences, meetings 75.00 250.0%
Total 8300 · Travel & meetings expenses 1,888.93 346.7%
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance
8522 · Vehicle Insurance
8523 · Workers Compensation
Total 8520 · Insurance
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 11
$ Over Budget % of Budget
8530 · Membership dues 74.00 126.4%
8540 · Staff development
8570 · Advertising -672.55 85.1%
8575 · Advertising tee shirts
8583 · PayPal fees on donations 277.34 209.5%
8584 · PayPal fee on Fundraising -13.68 47.6%
8586 · Fundraising Special Expense -626.30 43.7%
8590 · Other costs -0.70 0.0%
8591 · Bank charges & credit card disc 105.29 220.1%
8592 · PayPal fee (990 line 43)-153.03 0.0%
8594 · EFT fee -2.65 0.0%
Total 8500 · Other expenses 8,448.88 231.7%
Total Expense 216,981.49 281.9%
Net Ordinary Income -18,918.13 70.5%
Net Income -18,918.13 70.5%
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 12
Annual Budget
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)175,365.59
4017 · Fundraising Tea Party 1,000.00
4120 · Non-GAAP in-kind services
4140 · Gifts in kind 935.00
4145 · TEFAP
4146 · United Food Bank Donated
4230 · Foundation Gifts 1,201.00
4 · Contributed Income - Other 4,873.44
Total 4 · Contributed Income 183,375.03
4500 · Unrealized Gain/Loss Investment
5 · Earned Revenue
5310 · Interest on savings 19.61
Total 5 · Earned Revenue 19.61
Total Income 183,394.64
Gross Profit 183,394.64
Expense
66000 · Employer Federal PR Tax (Payroll expenses)
7000 · Program Expense
7010 · Food 18,772.43
7012 · United Food Bank 270.96
7013 · TEFAP
7015 · Dry Goods 20,570.36
7019 · Client hygiene and clothing
7040 · Awards & grants - shower vouche (990 line 22)5,821.00
7050 · Specific assisstance - ind 575.00
7065 · Permits & Fees 561.00
7000 · Program Expense - Other
Total 7000 · Program Expense 46,570.75
7200 · Salaries & related expenses (header - non-posting)
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees
7540 · Professional fees 711.00
7541 · Professional Services Payroll
7550 · Non-employee compensation 11,100.00
7560 · Cleaning Services
Total 7500 · Other personnel expens (header - non-posting)11,811.00
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 13
Annual Budget
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 1,199.76
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)709.36
8115 · Office Supplies 3,207.13
8117 · Computer software 143.71
8118 · Computer equipment non-deprecia 129.36
8119 · Computer-Internet-Camera Repair (Repairs)
8130 · Telephone & telecomm 2,051.47
8135 · Internet 259.20
8140 · Postage, shipping, delivery 312.84
8150 · Mailing services PO Box 126.00
8170 · Printing & copying 265.27
8180 · Books, subscriptions, reference 49.00
Total 8100 · Nonpersonnel expenses 8,453.10
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)24,136.45
8211 · Kitchen Equipment 3,010.07
8212 · Building repairs 135.60
8213 · Liability Insurance (Liability Insurance)1,437.00
8214 · Building Materials 58.61
8216 · Building Equipment 411.36
8220 · Utilities 10,758.96
8225 · Pest Control 780.00
8228 · Waste removal 1,251.00
8235 · Cleaning supplies 221.95
8260 · Equip rental & maintenance 2,970.39
8264 · Trailer Expense 88.22
8265 · Minor equipment (Minor Equipment)11.82
8270 · Depr & amort - allowable
Total 8200 · Facility & equipment expenses 45,271.43
8300 · Travel & meetings expenses
8315 · fuel for food pickups 715.82
8320 · Conferences, meetings 50.00
Total 8300 · Travel & meetings expenses 765.82
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance
8522 · Vehicle Insurance
8523 · Workers Compensation
Total 8520 · Insurance
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 14
Annual Budget
8530 · Membership dues 280.00
8540 · Staff development
8570 · Advertising 4,500.13
8575 · Advertising tee shirts
8583 · PayPal fees on donations 253.33
8584 · PayPal fee on Fundraising 26.10
8586 · Fundraising Special Expense 1,113.03
8590 · Other costs 0.70
8591 · Bank charges & credit card disc 87.65
8592 · PayPal fee (990 line 43)153.03
8594 · EFT fee 2.65
Total 8500 · Other expenses 6,416.62
Total Expense 119,288.72
Net Ordinary Income 64,105.92
Net Income 64,105.92
7:11 AM Genesis Project AZ
01/28/21 Income & Expense Budget Performance
Cash Basis January through December 2020
Page 15
1
ARTICLES OF INCORPORATION
Genesis Project, INC.
(Arizona Non-Profit, Tax Exempt Corporation)
We, the undersigned, associate ourselves together to form a non-profit private corporation under the laws
of the State of Arizona and for that purpose adopt the following Articles of Incorporation.
ARTICLE I - CORPORATE NAME
The name of this Corporation shall be: Genesis Project, INC
ARTICLE II - PLACE OF BUSINESS
The principal office and place of transacting the business of the Corporation shall be 462 N Palo Verde Dr
Apache Junction AZ 85120-5611, however, its Board of Directors may meet for the transaction of business at
such other places within the State of Arizona as the Directors may from time to time designate.
ARTICLE III - PURPOSE
The purpose for which this Corporation is organized is the transaction of any and all lawful business for
which non-profit corporations may be incorporated under the laws of the State of Arizona, as they may be
amended from time to time. Said Corporation is organized exclusively for charitable, scientific and educational
purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, or corresponding section
of any future federal tax code, including for such purposes the making of distributions to organizations that
qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1986, or corresponding
section of any future federal tax code. To the extent that the following conforms to such charitable, scientific and
educational purposes, the general nature of the business to be transacted by the Corporation is more specifically as
follows:
1. Providing meals and providing basic needs to the homeless and hungry individuals in Apache
Junction, East Mesa and Gold Canyon, Arizona.
ARTICLE IV - INITIAL BUSINESS
The character of the affairs and business that the Corporation initially intends to conduct in this State is to
take all such actions as may be appropriate to accomplish the purposes set forth abov e.
ARTICLE V – POWERS
No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its
members, directors, officers or other private persons, except that the Corporation shall be authorized and
empowered to pay reasonable compensation for services rendered and to make payments and distributions in
furtherance of the purposes set forth in Article III hereof. No substantial part of the activities of the Corporation
shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall
not participate in, or intervene in (including the publishing or distribution of statements) any political campaign
on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the
Corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from
2
federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, or corresponding section or
provision of any future United States Internal Revenue law or federal tax code, or (b) by a corporation,
contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986, or the
corresponding section or provision of any future United States Internal Revenue law or federal tax code.
ARTICLE VI - MEMBERSHIP
The Corporation will not have members.
ARTICLE VII - LIQUIDATION
Upon the winding up and dissolution of this Corporation, the Board of Directors shall, after paying or
adequately providing for the payment of all of the liabilities of the Corporation, the remaining assets exclusively
for the purposes of the Corporation shall be distributed to a non-profit fund, foundation, or corporation, which is
organized and operated exclusively for charitable, educational, religious or scientific purpose as shall at the time
qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1986,
or corresponding section of any future United States Internal Revenue law or federal tax code, as the Board of
Directors shall determine. Any assets not disposed of shall be disposed of by the Superior Court of the County in
which the principle office of the Corporation is then located, exclusively for such purposes or to such organization
or organizations as said Court shall determine, which are organized and operated exclusively for such purposes.
ARTICLE VIII - BOARD OF DIRECTORS
A Board of Directors whose number and term shall be provided in the Bylaws of the Corporation shall
conduct the affairs of the Corporation. The initial Board of Directors shall consist of three directors. The names
and addresses of the persons who are to serve as the directors until the first annual meeting of the Board of
Directors, or until their successors are elected and qualified are:
David Croom 370 N Don Peralta Rd Apache Junction, AZ 85119
Paul Wagaman 834 S. Meridian Rd. #186 Apache Junction, AZ 85120
John McEuen 1345 S Cactus Road Apache Junction, 85119
The number of persons to serve on the Board of Directors thereafter shall be fixed by the Bylaws.
Except as otherwise provided in these Articles of Incorporation, the Board of Directors, by a majority
vote of those present at a duly-convened meeting, shall have the power to adopt, amend and rescind the Bylaws
for the governing of the Corporation, to fill vacancies occurring in the Board of Directors, or in the offices of the
Corporation, from any cause, and to designate such powers and duties for said officers as they may be prescribed.
ARTICLE IX - EXEMPTION OF PRIVATE PROPERTY
The incorporators, directors, officers, employees and agents of the Corporation and their property shall be
forever exempt from liability or assessment for its debts, obligations or engagements.
ARTICLE X - ELIMINATION OF DIRECTORS’ LIABILITY
The personal liability of the directors to the Corporation or its members for monetary damages for any
action taken or failure to take any action as a director is limited to the fullest extent permitted by applicable law.
3
Neither this provision nor any other provisions in these Articles shall eliminate or limit the liability of a director
for any of the following:
A. The amount of a financial benefit received by a director to which the director is not entitled.
B. An intentional infliction of harm on the corporation.
C. A violation of A.R.S. § 10-3833 (liability for unlawful distributions).
D. An intentional violation of criminal law.
For purposes of this provision, “director” shall include trustees or persons who serve on a board or council of the
Corporation in an advisory capacity.
ARTICLE XI - INDEMNIFICATION
The Corporation shall indemnify any person against expenses, including without limitation, attorneys’
fees, judgments, fines and amounts paid in settlement, actually and reasonably incurred by reason of the fact that
he/she is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the
Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trustor,
other enterprise, in all circumstances in which, and to the extent that, such indemnification is specifically
permitted and provided for by the laws of the State of Arizona as then in effect.
The power of indemnification under the Arizona Revised Statutes shall not be denied or limited by the
Bylaws.
ARTICLE XII - INCORPORATORS
The names and addresses of the Incorporators are:
1. David Croom 370 N Don Peralta Rd Apache Junction, AZ 85119
2. Paul Wagaman 834 S. Meridian Rd. #186 Apache Junction, AZ 85120
3. John McEuen 1345 S Cactus Road Apache Junction, 85119
All powers, duties, and responsibilities of the incorporators shall cease at the time of delivery of these Articles of
Incorporation to the Arizona Corporation Commission.
ARTICLE XIII - STATUTORY AGENT
The Statutory Agent is Paul Wagaman, whose physical address is:
834 S. Meridian Rd. #186 Apache Junction, AZ 85120
4
ARTICLE XIV - AMENDMENTS
These Articles of Incorporation may be amended from time to time only by a majority vote of the Board
of Directors of the Corporation present, in accordance with procedures set forth in the Bylaws of the Corporation,
at a duly convened meeting called for that purpose, if a quorum is present and a notice is given as specified in the
Bylaws of the Corporation.
ARTICLE XV - DISCRIMINATION
The Corporation will not practice or permit discrimination on the basis of sex, age, race, national origin,
religion, or physical handicap or disability.
IN WITNESS WHEREOF, we, the undersigned Incorporators, hereto set our hand this _______ day of
________________, 2010.
David Croom
Paul Wagaman
John McEuen
CONSENT TO ACT AS STATUTORY AGENT
I Paul Wagaman, having been designated to act as statutory agent for Genesis Project, INC., hereby
acknowledge, consent, and accept the appointment as statutory agent effective this ______ day of
__________________, 2010, and I shall act in this capacity until removal or resignation is submitted in
accordance with Arizona Revised Statutes.
Chairman David Croom 480 982-6622 dave@hybridfinancial.net 21318 E. Alyssa Rd.
480 338-4298 Queen Creek, AZ 85112
Mid Carlozzi 440 487-3006 midcarl@sbcglobal.net 8075 E Sand Wedge Lane,
Gold Canyon, AZ 85118
Judy Sparks 480 415-5882 sparksjudy315@gmail.com 925 N Plaza Dr Lot 72,
Apache Junction AZ 85120
Dave Ries 480 669-6074 3500 S. Tomahawk #125
Apache Junction, AZ 85120
Robin Barker 480 980-0889 barkerr43@yahoo.com 860 S. Saguaro Dr.
Apache Junction, AZ 85120
Secretary Heather Patel 480 474-2635 heatherpatel2009@gmail.com 674 West 16th St.
520 431-2442 cell Florence, AZ 85132
President Trinity Cole 480 371-9117 trinity_cole@live.com 25387 N Boreas Rd
Florence, AZ 85132
Marlin Mayer 480 201-8465 mmmayercows@aol.com 608 S Palo Verde Way
Mesa, AZ 85208
Treasurer Jason Heavens 480 399-6440 jasonheavens@me.com 2471 E. Foothills Dr.
Apache Junction, AZ 85119
Vice
President Bill Pope 602 370-1408 billpope3333@gmail.com 4480 N. Cactus
Apache Junction, AZ 85119
Dana Boyer 602 369-1792 concretizen@gmail.com 51 S. Prospectors Rd
Apache Junction, AZ 85119
Ernie Maroon 317 557-1974 emaroon2@yahoo.com 1520 N Starr Rd.
Apache Junction, AZ 85119
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
AJ Homeless Coalition: Genesis Project President Trinity Cole co -leads
the Coalition. Bi-monthly meetings are held for the purpose of collaboration
and problem solving and the goal of achieving permanent , sustainable
solutions in the Apache Junction community.
Other Side Ministries: Genesis Project donates classroom space and
hands-on cooking in full commercial kitchen for the 8 week Culinary
Classes, taught by Chef Jason Taylor, are provided free of charge to those
who are unable to afford traditional culinary school.
Salvation Army: Project Shower, biweekly access to shower facilities and a
hot meal. Genesis Project provides hot dog buns, towels, hygiene and
prints/passes out 300 fliers each week to notify guests.
Jan 28, 21 Jan 28, 20 $ Change
ASSETS
Current Assets
Checking/Savings
1015 · Wells Fargo Operating Account
1017 · Operations Mgr. Home Rental (Operations Mgr. Home Rental)7,518.54 0.00 7,518.54
1019 · Shower vouchers 2,728.00 1,965.00 763.00
1015 · Wells Fargo Operating Account - Other 47,268.74 55,396.36 -8,127.62
Total 1015 · Wells Fargo Operating Account 57,515.28 57,361.36 153.92
1020 · Wells Fargo Payroll account 2,304.33 1,976.96 327.37
1071 · Money Market account (990 line 46)76,607.59 75,000.00 1,607.59
1075 · Wells Fargo Savings 30,522.80 30,517.60 5.20
Total Checking/Savings 166,950.00 164,855.92 2,094.08
Other Current Assets
1499 · Undeposited Funds 2,448.56 75.00 2,373.56
Total Other Current Assets 2,448.56 75.00 2,373.56
Total Current Assets 169,398.56 164,930.92 4,467.64
Fixed Assets
15900 · Leasehold Improvements (Improvements to leased building space)3,904.48 3,904.48 0.00
1630 · Leasehold/building improvements 11,072.00 11,072.00 0.00
1640 · Fixed Asset equipment 16,964.66 16,964.66 0.00
1650 · Vehicles - Refrigerated Trailer 5,850.00 5,850.00 0.00
1655 · Vehicles - GMC van 7,000.00 7,000.00 0.00
17100 · Accum Depr - Furn and Equip (Accumulated depreciation on furniture and equipment)-24,551.00 -19,317.00 -5,234.00
17700 · Accumalated Amortization -1,456.00 -1,456.00 0.00
Total Fixed Assets 18,784.14 24,018.14 -5,234.00
Other Assets
1670 · Organization Costs 1,456.00 1,456.00 0.00
Total Other Assets 1,456.00 1,456.00 0.00
TOTAL ASSETS 189,638.70 190,405.06 -766.36
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2010 · Accounts payable -601.08 -600.00 -1.08
Total Accounts Payable -601.08 -600.00 -1.08
7:15 AM Genesis Project AZ
01/28/21 Statement of Financial Position
Cash Basis As of January 28, 2021
Page 1
Jan 28, 21 Jan 28, 20 $ Change
Other Current Liabilities
2060 · Employee/Employer PR Taxes 601.42 354.43 246.99
2061 · Employee State Withholding Tax 37.36 24.71 12.65
Total Other Current Liabilities 638.78 379.14 259.64
Total Current Liabilities 37.70 -220.86 258.56
Total Liabilities 37.70 -220.86 258.56
Equity
3010 · Unrestricted(retained earnings)227,207.31 182,019.52 45,187.79
Net Income -37,606.31 8,606.40 -46,212.71
Total Equity 189,601.00 190,625.92 -1,024.92
TOTAL LIABILITIES & EQUITY 189,638.70 190,405.06 -766.36
7:15 AM Genesis Project AZ
01/28/21 Statement of Financial Position
Cash Basis As of January 28, 2021
Page 2
% Change
ASSETS
Current Assets
Checking/Savings
1015 · Wells Fargo Operating Account
1017 · Operations Mgr. Home Rental (Operations Mgr. Home Rental)100.0%
1019 · Shower vouchers 38.8%
1015 · Wells Fargo Operating Account - Other -14.7%
Total 1015 · Wells Fargo Operating Account 0.3%
1020 · Wells Fargo Payroll account 16.6%
1071 · Money Market account (990 line 46)2.1%
1075 · Wells Fargo Savings 0.0%
Total Checking/Savings 1.3%
Other Current Assets
1499 · Undeposited Funds 3,164.8%
Total Other Current Assets 3,164.8%
Total Current Assets 2.7%
Fixed Assets
15900 · Leasehold Improvements (Improvements to leased building space)0.0%
1630 · Leasehold/building improvements 0.0%
1640 · Fixed Asset equipment 0.0%
1650 · Vehicles - Refrigerated Trailer 0.0%
1655 · Vehicles - GMC van 0.0%
17100 · Accum Depr - Furn and Equip (Accumulated depreciation on furniture and equipment)-27.1%
17700 · Accumalated Amortization 0.0%
Total Fixed Assets -21.8%
Other Assets
1670 · Organization Costs 0.0%
Total Other Assets 0.0%
TOTAL ASSETS -0.4%
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
2010 · Accounts payable -0.2%
Total Accounts Payable -0.2%
7:15 AM Genesis Project AZ
01/28/21 Statement of Financial Position
Cash Basis As of January 28, 2021
Page 3
% Change
Other Current Liabilities
2060 · Employee/Employer PR Taxes 69.7%
2061 · Employee State Withholding Tax 51.2%
Total Other Current Liabilities 68.5%
Total Current Liabilities 117.1%
Total Liabilities 117.1%
Equity
3010 · Unrestricted(retained earnings)24.8%
Net Income -537.0%
Total Equity -0.5%
TOTAL LIABILITIES & EQUITY -0.4%
7:15 AM Genesis Project AZ
01/28/21 Statement of Financial Position
Cash Basis As of January 28, 2021
Page 4
1
BYLAWS
OF
GENESIS PROJECT, INC
A Nonprofit Corporation Formed Under the Laws of the State of Arizona
ARTICLE ONE ORGANIZATION
Section 1.1. Registered Office. The registered office of the corporation shall initially be situated
at the location stated within the Articles of Incorporation and may, at a later date, be moved to
such other location as the board of directors may from time to time designate.
Section 1.2. Other Offices. The corporation may maintain such other offices both within and
without the State of Arizona as the board of directors may authorize.
Section 1.3. Purpose. The corporation has been organized for the purposes set forth in the
Articles of Incorporation.
ARTICLE TWO MEMBERS
Section 2.1. Membership. The corporation shall not have members. All authority shall be vested
in a perpetual board of directors as set forth in Article III below.
ARTICLE THREE BOARD OF DIRECTORS
Section 3.1. Initial Directors. The initial board of directors shall consist of 10 persons. The
initial board of directors shall serve a term of two years and be eligible for reelection to two-year
terms thereafter; however, in all cases, directors shall serve until their successors shall have been
elected and qualified.
Section 3.2. Number, Election and Term. The number of directors to serve on the board of
directors may be amended by a duly adopted resolution of the board of directors, however, this
number shall not be greater than a maximum of 1 directors nor less than the minimum number
required by Arizona law. All directors elected after the initial board shall serve two-year terms
and shall be eligible for reelection to further terms by the board of directors; however, in all
cases, current directors shall serve until their successors shall have been elected and qualified.
When a seat becomes vacant on the board, the current board of directors shall fill it by majority
vote; however, a director shall abstain from voting upon his or her own nomination for reelection
to the board.
Section 3.2. Powers. The activities and assets of the corporation shall be managed and controlled
by the board of directors, which shall exercise all the powers of the corporation.
Section 3.3. Meetings; Quorum. Regular meetings of the board of directors shall be held at such
places, within or without the State of Arizona, and on such days and at such times as shall be
fixed from time to time by the board of directors. Rules of procedure for the conduct of such
meetings shall be adopted by resolution of the board of directors. Notice of such regular meetings
need not be given. A majority of the board of directors shall constitute a quorum for the
2
transaction of business, but a lesser number may adjourn to another day if a quorum is not
present. The act of the majority of the directors present at a meeting at which a quorum is present
shall be the act of the board of directors, unless the Articles of Incorporation or these Bylaws
require the act of a greater number. Special meetings of the board may be held at any time and
place, within or without the State of Arizona, upon the call of the chairman of the board, the
president or secretary of the corporation by written notice delivered to each director not less than
three (3) days before such meeting; provided, however, that any director may, at any time, in
writing, waive notice of any meeting. Attendance of a director at any meeting shall constitute a
waiver of notice of the meeting except where a director attends a meeting for the express purpose
of objecting to the transaction of any business because the meeting is not lawfully called or
convened. For purposed of this section, "delivery" of notice of a board of director's meeting may
be accomplished either by hand delivery, through the U.S. Postal Service, through a private parcel
carrier service, or electronically by facsimile transmission. "Delivery" is completed upon r eceipt
by the director through any of the aforementioned means except when delivery of notice is by
U.S. Postal Service or private parcel carrier service, in which case, delivery shall be completed
upon delivery of the notice to the director's last known home address.
Section 3.4. Director meeting via telephone conference. Directors may appear at a meeting of
the board by means of telephone conference or similar communication system whereby all
persons participating in the meeting can hear each other, and participation in a meeting in this
manner shall constitute presence in person at the meeting. Furthermore, a director appearing at
board meeting via telephone conference shall also be allowed to vote by this medium.
Furthermore, it is permissible for all directors to appear at a meeting of the board of directors via
telephone conference or similar communication system.
Section 3.5. Action by Consent. Any action, which is required to be or may be taken at a
meeting of the directors may be taken without a meeting if consents in writing, setting forth the
action so taken, are signed by all the directors. The directors with the effect may execute the
written consent in several identical counterparts as if the directors had executed a single
document.
Section 3.6. Resignation and Filling of Vacancies of Directors. Any director of the corporation
may resign at any time by giving written notice of such resignation to the board of directors, the
chairman of the board, or the corporation. Any such resignation shall take effect at the time
specified therein or, if no time be specified, upon receipt thereof by the board of directors or one
of the above named officers. Vacancies on the board and newly created directorships resulting
from any increase in the number of directors to constitute the board of directors may be filled by a
duly approved resolution of a majority of the directors then in office. If the directors remaining in
office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative
vote of a majority of all the directors remaining in office. The death of any director shall be
treated as a voluntary resignation by the corporation.
Section 3.7. Compensation of Directors. Directors, as such, may receive such compensation and
be reimbursed for expenses of attendance at any meeting of the board as shall be determined by
resolution of the board of directors. Nothing herein contained shall be construed to preclude any
director from serving the corporation in any other capacity and receiving compensation therefore.
Section 3.8. Committees. The board of directors, by resolution adopted by a majority of the
whole board, may designate two or more directors to constitute a committee. Each such
committee, to the extent provided in such resolution, shall have and may exercise the authority of
the board of directors, as so delegated in the resolution, in the management of the corporation; but
the designation of such committee and the delegation thereto of authority shall not operate to
3
relieve the board of directors, or any member thereof, of any responsibility imposed upon it or
such member by law.
Section 3.9. Power and duties of the board of directors. The property and business of a
corporation shall be controlled and managed by a board of directors; however, the board may
delegate duties to the officers of the corporation to the full extent allowed by law.
Section 3.10. Removal of directors. The board of directors may, by resolution adopted by the
affirmative vote of 66% or more of the directors, remove a fellow board member. Sixty-six
percent of all directors, not 66% of those directors in attendance at the meeting, most vote in
favor of removal for the resolution to pass.
ARTICLE FOUR OFFICERS
Section 4.1. Number, Election and Term. The officers of the corporation shall be a chairman,
president, treasurer, and secretary who shall be chosen by the board of directors at its first
meeting. The board of directors may elect such other officers with such titles and duties as it may
determine are appropriate. The same person may hold any two or more offices. All officers,
unless sooner removed, shall hold their respective offices until the first meeting of the board of
directors after the next succeeding election of the board of directors and until their successors
shall have been duly elected and qualified. The board of directors shall fix the salaries of the
officers of the corporation from time to time . No officer shall be prevented from receiving such
salary by reason of the fact that such officer is also a director of the corporation.
Section 4.2. Removal. Any officer or agent elected or appointed by the board of directors may be
removed by the board of directors whenever in its judgment the best interests of the corporation
will be served thereby, but such removal shall not effect the contract rights, if any, of the officer
or agent so removed.
Section 4.3. Chairman of the Board. The chairman of the board, if any, shall preside at all
meetings of the directors at which he or she is present and shall perform such other duties as the
board of directors or these Bylaws may prescribe.
Section 4.4. President. In the absence of the chairman of the board, the president shall preside at
all meetings of the directors at which he or she is present. The president shall perform such duties
as the board of directors may prescribe and shall see that all orders and resolutions of the board
are carried into effect. The president shall execute bonds, mortgages and other contracts requiring
a seal, under the seal of the corporation, except where permitted by law to be otherwise signed
and executed and except where the signing and execution thereof shall be expressly delegated by
the board of directors to some other officer or agent of the corporation.
Section 4.5. Vice Presidents. The vice presidents, shall, in the absence or disability of the
president and any executive vice president, perform the duties and exercise the powers of the
president, and shall perform such other duties as the board of directors or the president may
prescribe.
Section 4.6. Secretary and Assistant Secretaries. The secretary shall keep or cause to be kept a
record of all meetings of the board of directors and record all votes and the minutes of all
proceedings in a book to be kept for that purpose. The secretary shall give, or cause to be given,
notice of all meetings of special meetings of the board of directors, and shall perform such other
duties as may be prescribed by the board of directors or president, under whose supervision the
secretary shall be. The secretary shall keep in safe custody the seal of the corporation and shall
affix the same to any instrument requiring it. The assistant secretaries, if any, in order of their
4
seniority shall, in the absence or disability of the secretary, perform the duties and exercise the
powers of the secretary and shall perform such other duties as the board of directors may
prescribe.
Section 4.7. Treasurer and Assistant Treasurers. The treasurer shall have the custody of the
corporate funds and securities, shall keep full and accurate accounts of receipts and disbursements
in books belonging to the corporation, shall deposit all moneys and other valuable effects in the
name and to the credit of the corporation in such depositories as may be designated by the board
of directors and shall perform such other duties as the board of directors may prescribe. The
treasurer shall disburse the funds of the corporation as may be ordered by the board, taking proper
vouchers for such disbursements, and shall render to the president and directors, at the regular
meetings of the board, or whenever they may require it, an account of all his transactions as
treasurer and of the financial condition of the corporation. If required by the board of directors,
the treasurer shall give the corporation a bond in such sum and with such surety or sureties as
shall be satisfactory to the board for the faithful performance of the duties of his office and for the
restoration to the corporation, in case of his death, resignation, retirement or removal from office,
of all books, papers, vouchers, money and other property of whatever kind in his possession or
under his control belonging to the corporation. The assistant treasurers, if any, in the order of
their seniority shall, in the absence or disability of the treasurer, perform the duties and exercise
the powers of the treasurer and shall perform such other duties as the board of directors may
prescribe. The treasurer will not have authority to sign checks or use the corporation’s credit or
debit card. The designated debit cardholder and check signers are specified in Article Six -
Section 6.1.
ARTICLE FIVE INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES
AND AGENTS
Section 5.1. Indemnification of Directors and Officers. To the fullest extent permitted by the
laws of State of Arizona, including future amendments of those laws, the corporation shall
indemnify and hold harmless each director and officer of the corporation against any and all
claims, liabilities, and expenses (including attorneys' fees, judgments, fine s, and amounts paid in
settlement) actually and reasonably incurred and arising from any threatened, pending, or
completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, to
which any such person shall have become subject by reason of having held such a position or
having allegedly taken or omitted to take any action in connection with any such position.
However, the foregoing shall not apply to:
a. any breach of such person's duty of loyalty to the corporation;
b. any act or omission by such person not in good faith or which involves intentional
misconduct or where such person had reasonable cause to believe his conduct was
unlawful; or
c. any transaction from which such person derived any improper personal benefit.
Section 5.2. Determination of Entitlement of Directors and Officers to Indemnification. The
decision concerning whether a director or officer seeking indemnification has satisfied the
provisions of Section 5.1 shall be made by (i) the board of directors by a majority vote of a
quorum consisting of directors who are not parties to the action, suit, or proceeding giving rise to
the claim for indemnity ("Disinterested Directors"), whether or not such majority constitutes a
quorum; (ii) if there are no Disinterested Directors, or if the Disinterested Directors so direct, by
independent legal counsel in a written opinion.
Section 5.3. Indemnification of employees and agents. The board of directors may, in such
5
cases as, in its complete discretion, it deems appropriate, indemnify and hold harmless employees
and agents of the corporation, and persons who formerly held such positions against any or all
claims and liabilities (including reasonable legal fees and other expenses incurred in connection
with such claims or liabilities) to which any such person shall have become subject by reason of
having held such a position or having allegedly taken or omitted to take any action in connection
with such position.
ARTICLE SIX MISCELLANEOUS
Section 6.1. Designated Check Signer and debit cardholders. Check signers and debit card
holders will be established at the first meeting of the board and agreed upon by an action of
unified consent.
Section 7.1. Amendment of Bylaws. The Bylaws may be amended by a majority vote of the
board of directors present in person or by proxy at the annual meeting, at a special meeting called
for that purpose, or by written consent.
Section 7.2. Fiscal year of the corporation. Unless the board of directors shall select another
date through a duly adopted resolution, the fiscal year of the corporation shall begin on the first
day of January of each year and end on the 31st day of December.
Operations Mgr. Home Rental Shower
(100 Programs)(100 Programs)
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)10,074.29 2,678.00
4017 · Fundraising Tea Party 0.00 0.00
4120 · Non-GAAP in-kind services 0.00 0.00
4145 · TEFAP 0.00 0.00
4146 · United Food Bank Donated 0.00 0.00
4 · Contributed Income - Other 0.00 0.00
Total 4 · Contributed Income 10,074.29 2,678.00
4500 · Unrealized Gain/Loss Investment 0.00 0.00
5 · Earned Revenue
5310 · Interest on savings 0.00 0.00
Total 5 · Earned Revenue 0.00 0.00
Total Income 10,074.29 2,678.00
Gross Profit 10,074.29 2,678.00
Expense
66000 · Employer Federal PR Tax (Payroll expenses)0.00 0.00
7000 · Program Expense
7010 · Food 0.00 0.00
7012 · United Food Bank 0.00 0.00
7013 · TEFAP 0.00 0.00
7015 · Dry Goods 0.00 0.00
7019 · Client hygiene and clothing 0.00 0.00
7040 · Awards & grants - shower vouche (990 line 22)0.00 1,000.00
7050 · Specific assisstance - ind 2,400.00 0.00
7065 · Permits & Fees 0.00 0.00
7000 · Program Expense - Other 0.00 0.00
Total 7000 · Program Expense 2,400.00 1,000.00
7200 · Salaries & related expenses (header - non-posting)
7220 · Salaries & wages 0.00 0.00
7200 · Salaries & related expenses (header - non-posting) - Other 0.00 0.00
Total 7200 · Salaries & related expenses (header - non-posting)0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 1
Operations Mgr. Home Rental Shower
(100 Programs)(100 Programs)
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 0.00 0.00
7540 · Professional fees 0.00 0.00
7541 · Professional Services Payroll 0.00 0.00
7550 · Non-employee compensation 0.00 0.00
7560 · Cleaning Services 0.00 0.00
Total 7500 · Other personnel expens (header - non-posting)0.00 0.00
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 0.00 0.00
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)0.00 0.00
8115 · Office Supplies 0.00 10.99
8117 · Computer software 0.00 0.00
8118 · Computer equipment non-deprecia 0.00 0.00
8119 · Computer-Internet-Camera Repair (Repairs)0.00 0.00
8130 · Telephone & telecomm 0.00 0.00
8135 · Internet 0.00 0.00
8140 · Postage, shipping, delivery 0.00 0.00
8150 · Mailing services PO Box 0.00 0.00
8170 · Printing & copying 0.00 0.00
8180 · Books, subscriptions, reference 0.00 0.00
Total 8100 · Nonpersonnel expenses 0.00 10.99
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)0.00 0.00
8211 · Kitchen Equipment 0.00 0.00
8212 · Building repairs 0.00 0.00
8220 · Utilities 74.29 0.00
8225 · Pest Control 0.00 0.00
8228 · Waste removal 0.00 0.00
8235 · Cleaning supplies 0.00 0.00
8260 · Equip rental & maintenance 0.00 0.00
8264 · Trailer Expense 0.00 0.00
8270 · Depr & amort - allowable 0.00 0.00
Total 8200 · Facility & equipment expenses 74.29 0.00
8300 · Travel & meetings expenses
8315 · fuel for food pickups 0.00 0.00
8320 · Conferences, meetings 0.00 0.00
Total 8300 · Travel & meetings expenses 0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 2
Operations Mgr. Home Rental Shower
(100 Programs)(100 Programs)
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 0.00 0.00
8522 · Vehicle Insurance 0.00 0.00
8523 · Workers Compensation 0.00 0.00
Total 8520 · Insurance 0.00 0.00
8530 · Membership dues 0.00 0.00
8540 · Staff development 0.00 0.00
8570 · Advertising 0.00 489.25
8575 · Advertising tee shirts 0.00 0.00
8583 · PayPal fees on donations 0.00 0.00
8584 · PayPal fee on Fundraising 0.00 0.00
8586 · Fundraising Special Expense 0.00 0.00
8591 · Bank charges & credit card disc 0.00 0.00
Total 8500 · Other expenses 0.00 489.25
Total Expense 2,474.29 1,500.24
Net Ordinary Income 7,600.00 1,177.76
Net Income 7,600.00 1,177.76
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 3
Soup Kitchen
(100 Programs)Total 100 Programs
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)259,220.37 271,972.66
4017 · Fundraising Tea Party 0.00 0.00
4120 · Non-GAAP in-kind services 488.00 488.00
4145 · TEFAP 23,191.23 23,191.23
4146 · United Food Bank Donated 81,463.32 81,463.32
4 · Contributed Income - Other 0.00 0.00
Total 4 · Contributed Income 364,362.92 377,115.21
4500 · Unrealized Gain/Loss Investment 0.00 0.00
5 · Earned Revenue
5310 · Interest on savings 5.20 5.20
Total 5 · Earned Revenue 5.20 5.20
Total Income 364,368.12 377,120.41
Gross Profit 364,368.12 377,120.41
Expense
66000 · Employer Federal PR Tax (Payroll expenses)0.00 0.00
7000 · Program Expense
7010 · Food 27,069.91 27,069.91
7012 · United Food Bank 81,680.49 81,680.49
7013 · TEFAP 23,191.23 23,191.23
7015 · Dry Goods 36,764.30 36,764.30
7019 · Client hygiene and clothing 91.24 91.24
7040 · Awards & grants - shower vouche (990 line 22)0.00 1,000.00
7050 · Specific assisstance - ind 0.00 2,400.00
7065 · Permits & Fees 513.32 513.32
7000 · Program Expense - Other 254.55 254.55
Total 7000 · Program Expense 169,565.04 172,965.04
7200 · Salaries & related expenses (header - non-posting)
7220 · Salaries & wages 0.00 0.00
7200 · Salaries & related expenses (header - non-posting) - Other 0.00 0.00
Total 7200 · Salaries & related expenses (header - non-posting)0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 4
Soup Kitchen
(100 Programs)Total 100 Programs
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 1,250.00 1,250.00
7540 · Professional fees 1,425.00 1,425.00
7541 · Professional Services Payroll 90.00 90.00
7550 · Non-employee compensation 14,542.53 14,542.53
7560 · Cleaning Services 9,895.00 9,895.00
Total 7500 · Other personnel expens (header - non-posting)27,202.53 27,202.53
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 1,492.29 1,492.29
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)1,253.29 1,253.29
8115 · Office Supplies 2,455.05 2,466.04
8117 · Computer software 263.02 263.02
8118 · Computer equipment non-deprecia 598.16 598.16
8119 · Computer-Internet-Camera Repair (Repairs)787.50 787.50
8130 · Telephone & telecomm 3,370.25 3,370.25
8135 · Internet 687.37 687.37
8140 · Postage, shipping, delivery 330.15 330.15
8150 · Mailing services PO Box 98.00 98.00
8170 · Printing & copying 2.20 2.20
8180 · Books, subscriptions, reference 32.90 32.90
Total 8100 · Nonpersonnel expenses 11,370.18 11,381.17
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)34,352.21 34,352.21
8211 · Kitchen Equipment 44.44 44.44
8212 · Building repairs 1,060.80 1,060.80
8220 · Utilities 12,129.24 12,203.53
8225 · Pest Control 816.00 816.00
8228 · Waste removal 2,197.55 2,197.55
8235 · Cleaning supplies 98.66 98.66
8260 · Equip rental & maintenance 5,468.44 5,468.44
8264 · Trailer Expense 181.31 181.31
8270 · Depr & amort - allowable 5,234.00 5,234.00
Total 8200 · Facility & equipment expenses 61,582.65 61,656.94
8300 · Travel & meetings expenses
8315 · fuel for food pickups 2,529.75 2,529.75
8320 · Conferences, meetings 125.00 125.00
Total 8300 · Travel & meetings expenses 2,654.75 2,654.75
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 5
Soup Kitchen
(100 Programs)Total 100 Programs
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 4.00 4.00
8522 · Vehicle Insurance 1,106.16 1,106.16
8523 · Workers Compensation 3,583.00 3,583.00
Total 8520 · Insurance 4,693.16 4,693.16
8530 · Membership dues 354.00 354.00
8540 · Staff development 2,000.00 2,000.00
8570 · Advertising 3,338.33 3,827.58
8575 · Advertising tee shirts 2,768.00 2,768.00
8583 · PayPal fees on donations 530.67 530.67
8584 · PayPal fee on Fundraising 0.00 0.00
8586 · Fundraising Special Expense 25.00 25.00
8591 · Bank charges & credit card disc 52.94 52.94
Total 8500 · Other expenses 13,762.10 14,251.35
Total Expense 286,137.25 290,111.78
Net Ordinary Income 78,230.87 87,008.63
Net Income 78,230.87 87,008.63
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 6
500 Other 700 Administration
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)750.00 0.00
4017 · Fundraising Tea Party 0.00 0.00
4120 · Non-GAAP in-kind services 0.00 0.00
4145 · TEFAP 0.00 0.00
4146 · United Food Bank Donated 0.00 0.00
4 · Contributed Income - Other 0.00 0.00
Total 4 · Contributed Income 750.00 0.00
4500 · Unrealized Gain/Loss Investment 0.00 1,607.59
5 · Earned Revenue
5310 · Interest on savings 0.00 0.00
Total 5 · Earned Revenue 0.00 0.00
Total Income 750.00 1,607.59
Gross Profit 750.00 1,607.59
Expense
66000 · Employer Federal PR Tax (Payroll expenses)0.00 2,883.27
7000 · Program Expense
7010 · Food 0.00 0.00
7012 · United Food Bank 0.00 0.00
7013 · TEFAP 0.00 0.00
7015 · Dry Goods 312.12 0.00
7019 · Client hygiene and clothing 0.00 0.00
7040 · Awards & grants - shower vouche (990 line 22)0.00 0.00
7050 · Specific assisstance - ind 0.00 0.00
7065 · Permits & Fees 50.00 0.00
7000 · Program Expense - Other 0.00 0.00
Total 7000 · Program Expense 362.12 0.00
7200 · Salaries & related expenses (header - non-posting)
7220 · Salaries & wages 0.00 0.00
7200 · Salaries & related expenses (header - non-posting) - Other 0.00 37,689.88
Total 7200 · Salaries & related expenses (header - non-posting)0.00 37,689.88
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 7
500 Other 700 Administration
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 0.00 0.00
7540 · Professional fees 0.00 0.00
7541 · Professional Services Payroll 0.00 2,875.00
7550 · Non-employee compensation 0.00 0.00
7560 · Cleaning Services 0.00 0.00
Total 7500 · Other personnel expens (header - non-posting)0.00 2,875.00
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 0.00 0.00
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)0.00 0.00
8115 · Office Supplies 0.00 0.00
8117 · Computer software 0.00 0.00
8118 · Computer equipment non-deprecia 0.00 0.00
8119 · Computer-Internet-Camera Repair (Repairs)0.00 0.00
8130 · Telephone & telecomm 0.00 0.00
8135 · Internet 0.00 0.00
8140 · Postage, shipping, delivery 0.00 0.00
8150 · Mailing services PO Box 0.00 0.00
8170 · Printing & copying 0.00 0.00
8180 · Books, subscriptions, reference 0.00 0.00
Total 8100 · Nonpersonnel expenses 0.00 0.00
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)0.00 0.00
8211 · Kitchen Equipment 0.00 0.00
8212 · Building repairs 0.00 0.00
8220 · Utilities 0.00 0.00
8225 · Pest Control 0.00 0.00
8228 · Waste removal 0.00 0.00
8235 · Cleaning supplies 0.00 0.00
8260 · Equip rental & maintenance 0.00 0.00
8264 · Trailer Expense 0.00 0.00
8270 · Depr & amort - allowable 0.00 0.00
Total 8200 · Facility & equipment expenses 0.00 0.00
8300 · Travel & meetings expenses
8315 · fuel for food pickups 0.00 0.00
8320 · Conferences, meetings 0.00 0.00
Total 8300 · Travel & meetings expenses 0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 8
500 Other 700 Administration
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 0.00 0.00
8522 · Vehicle Insurance 0.00 0.00
8523 · Workers Compensation 0.00 0.00
Total 8520 · Insurance 0.00 0.00
8530 · Membership dues 0.00 0.00
8540 · Staff development 0.00 0.00
8570 · Advertising 0.00 0.00
8575 · Advertising tee shirts 0.00 0.00
8583 · PayPal fees on donations 0.00 0.00
8584 · PayPal fee on Fundraising 0.00 0.00
8586 · Fundraising Special Expense 0.00 0.00
8591 · Bank charges & credit card disc 0.00 140.00
Total 8500 · Other expenses 0.00 140.00
Total Expense 362.12 43,588.15
Net Ordinary Income 387.88 -41,980.56
Net Income 387.88 -41,980.56
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 9
999 Fundraising Unclassified
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)220.00 110.00
4017 · Fundraising Tea Party -225.00 0.00
4120 · Non-GAAP in-kind services 0.00 0.00
4145 · TEFAP 0.00 0.00
4146 · United Food Bank Donated 0.00 0.00
4 · Contributed Income - Other 1,875.00 0.00
Total 4 · Contributed Income 1,870.00 110.00
4500 · Unrealized Gain/Loss Investment 0.00 0.00
5 · Earned Revenue
5310 · Interest on savings 0.00 0.00
Total 5 · Earned Revenue 0.00 0.00
Total Income 1,870.00 110.00
Gross Profit 1,870.00 110.00
Expense
66000 · Employer Federal PR Tax (Payroll expenses)0.00 0.00
7000 · Program Expense
7010 · Food 0.00 0.00
7012 · United Food Bank 0.00 0.00
7013 · TEFAP 0.00 0.00
7015 · Dry Goods 0.00 0.00
7019 · Client hygiene and clothing 0.00 0.00
7040 · Awards & grants - shower vouche (990 line 22)0.00 0.00
7050 · Specific assisstance - ind 0.00 0.00
7065 · Permits & Fees 0.00 0.00
7000 · Program Expense - Other 0.00 0.00
Total 7000 · Program Expense 0.00 0.00
7200 · Salaries & related expenses (header - non-posting)
7220 · Salaries & wages 0.00 0.00
7200 · Salaries & related expenses (header - non-posting) - Other 0.00 0.00
Total 7200 · Salaries & related expenses (header - non-posting)0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 10
999 Fundraising Unclassified
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 0.00 0.00
7540 · Professional fees 0.00 0.00
7541 · Professional Services Payroll 0.00 0.00
7550 · Non-employee compensation 59.18 0.00
7560 · Cleaning Services 0.00 0.00
Total 7500 · Other personnel expens (header - non-posting)59.18 0.00
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 0.00 0.00
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)0.00 0.00
8115 · Office Supplies 0.00 0.00
8117 · Computer software 0.00 0.00
8118 · Computer equipment non-deprecia 0.00 0.00
8119 · Computer-Internet-Camera Repair (Repairs)0.00 0.00
8130 · Telephone & telecomm 0.00 0.00
8135 · Internet 0.00 0.00
8140 · Postage, shipping, delivery 0.00 0.00
8150 · Mailing services PO Box 0.00 0.00
8170 · Printing & copying 23.60 0.00
8180 · Books, subscriptions, reference 0.00 0.00
Total 8100 · Nonpersonnel expenses 23.60 0.00
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)0.00 0.00
8211 · Kitchen Equipment 0.00 0.00
8212 · Building repairs 0.00 0.00
8220 · Utilities 0.00 0.00
8225 · Pest Control 0.00 0.00
8228 · Waste removal 0.00 0.00
8235 · Cleaning supplies 0.00 0.00
8260 · Equip rental & maintenance 0.00 0.00
8264 · Trailer Expense 0.00 0.00
8270 · Depr & amort - allowable 0.00 0.00
Total 8200 · Facility & equipment expenses 0.00 0.00
8300 · Travel & meetings expenses
8315 · fuel for food pickups 0.00 0.00
8320 · Conferences, meetings 0.00 0.00
Total 8300 · Travel & meetings expenses 0.00 0.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 11
999 Fundraising Unclassified
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 0.00 0.00
8522 · Vehicle Insurance 0.00 0.00
8523 · Workers Compensation 0.00 0.00
Total 8520 · Insurance 0.00 0.00
8530 · Membership dues 0.00 0.00
8540 · Staff development 0.00 0.00
8570 · Advertising 0.00 0.00
8575 · Advertising tee shirts 0.00 0.00
8583 · PayPal fees on donations 0.00 0.00
8584 · PayPal fee on Fundraising 12.42 0.00
8586 · Fundraising Special Expense 461.73 0.00
8591 · Bank charges & credit card disc 0.00 0.00
Total 8500 · Other expenses 474.15 0.00
Total Expense 556.93 0.00
Net Ordinary Income 1,313.07 110.00
Net Income 1,313.07 110.00
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 12
TOTAL
Ordinary Income/Expense
Income
4 · Contributed Income
4010 · Individual/Businesscontribution (990 line 1a)273,052.66
4017 · Fundraising Tea Party -225.00
4120 · Non-GAAP in-kind services 488.00
4145 · TEFAP 23,191.23
4146 · United Food Bank Donated 81,463.32
4 · Contributed Income - Other 1,875.00
Total 4 · Contributed Income 379,845.21
4500 · Unrealized Gain/Loss Investment 1,607.59
5 · Earned Revenue
5310 · Interest on savings 5.20
Total 5 · Earned Revenue 5.20
Total Income 381,458.00
Gross Profit 381,458.00
Expense
66000 · Employer Federal PR Tax (Payroll expenses)2,883.27
7000 · Program Expense
7010 · Food 27,069.91
7012 · United Food Bank 81,680.49
7013 · TEFAP 23,191.23
7015 · Dry Goods 37,076.42
7019 · Client hygiene and clothing 91.24
7040 · Awards & grants - shower vouche (990 line 22)1,000.00
7050 · Specific assisstance - ind 2,400.00
7065 · Permits & Fees 563.32
7000 · Program Expense - Other 254.55
Total 7000 · Program Expense 173,327.16
7200 · Salaries & related expenses (header - non-posting)
7220 · Salaries & wages 0.00
7200 · Salaries & related expenses (header - non-posting) - Other 37,689.88
Total 7200 · Salaries & related expenses (header - non-posting)37,689.88
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 13
TOTAL
7500 · Other personnel expens (header - non-posting)
7520 · Accounting fees 1,250.00
7540 · Professional fees 1,425.00
7541 · Professional Services Payroll 2,965.00
7550 · Non-employee compensation 14,601.71
7560 · Cleaning Services 9,895.00
Total 7500 · Other personnel expens (header - non-posting)30,136.71
8100 · Nonpersonnel expenses
8110 · Kitchen Supplies 1,492.29
8112 · Building furnishings (Shelving, floor mats, trash cans, etc)1,253.29
8115 · Office Supplies 2,466.04
8117 · Computer software 263.02
8118 · Computer equipment non-deprecia 598.16
8119 · Computer-Internet-Camera Repair (Repairs)787.50
8130 · Telephone & telecomm 3,370.25
8135 · Internet 687.37
8140 · Postage, shipping, delivery 330.15
8150 · Mailing services PO Box 98.00
8170 · Printing & copying 25.80
8180 · Books, subscriptions, reference 32.90
Total 8100 · Nonpersonnel expenses 11,404.77
8200 · Facility & equipment expenses
8210 · Rent & parking (990 line 36)34,352.21
8211 · Kitchen Equipment 44.44
8212 · Building repairs 1,060.80
8220 · Utilities 12,203.53
8225 · Pest Control 816.00
8228 · Waste removal 2,197.55
8235 · Cleaning supplies 98.66
8260 · Equip rental & maintenance 5,468.44
8264 · Trailer Expense 181.31
8270 · Depr & amort - allowable 5,234.00
Total 8200 · Facility & equipment expenses 61,656.94
8300 · Travel & meetings expenses
8315 · fuel for food pickups 2,529.75
8320 · Conferences, meetings 125.00
Total 8300 · Travel & meetings expenses 2,654.75
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 14
TOTAL
8500 · Other expenses
8520 · Insurance
8521 · Liability Insurance 4.00
8522 · Vehicle Insurance 1,106.16
8523 · Workers Compensation 3,583.00
Total 8520 · Insurance 4,693.16
8530 · Membership dues 354.00
8540 · Staff development 2,000.00
8570 · Advertising 3,827.58
8575 · Advertising tee shirts 2,768.00
8583 · PayPal fees on donations 530.67
8584 · PayPal fee on Fundraising 12.42
8586 · Fundraising Special Expense 486.73
8591 · Bank charges & credit card disc 192.94
Total 8500 · Other expenses 14,865.50
Total Expense 334,618.98
Net Ordinary Income 46,839.02
Net Income 46,839.02
7:13 AM Genesis Project AZ
01/28/21 Statement of Financial Income and Expense
Accrual Basis January through December 2020
Page 15
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
1
The City of Apache Junction Health and Human Services accepts applications requesting
financial assistance for the support of health and human service needs within the City of
Apache Junction serving city residents. The following provides instructions and eligibility
information regarding the request for non -profit funding.
Information on this program may be found at http://www.ajcity.net/995/Health-
Human-Services-Commission.
The commission was formed under city code Article § 2 -11.
This program is made possible under city code Article § 2-14 Request for Financial
Assistance.
The city code is available at http://www.ajcity.net/614/Read-the-City-Code.
Application Due Date: January 31, 2021
Per city code, the request for financial assistance must be submitted to the city clerk's
office during the month of January to be considered for the following fiscal year. All funding
is subject to the execution of an agreement with the city, the approval of a budget
allocating funds to the program, and the city council's approval.
Eligible Applicants: 501 c(3)
A valid, non-profit organization as qualified by the Internal Revenue Service and as
registered with the Arizona Secretary of State, Arizona Corporation Commission or other
appropriate state office.
The applicant must provide a service or perform work on behalf of the city and its residents
and demonstrate a presence within the community.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
2
Required Documentation per
Ordinance No. 659:
1. Most recent audit report (the City Clerk’s office has discretion to accept a P&L report and IRS tax
filings in lieu of an audit report for smaller nonprofits with an estimated $250,000 or less gross revenue)
2. Most recent financial statement
3. Detailed expenditure statement to include detailed accounting for all previously received
City funds (if applicable)
4. Source and amount of funding received from all other sources (non-governmental
agencies; membership fees and dues; private contributions)
5. Client service information as applicable to City residents (may not apply in all cases)
6. Proof of non-profit status (IRS determination)
7. Proof of corporate status to include copies of by-laws and Articles of Incorporation
8. Source and amount of funding received from other governmental agencies
9. Names and addresses of all current board members of agency governing board
Eligible Activities: Programs and services affording health, public health,
and human services care to all people, especially, to
individuals of underprivileged conditions.
Populations Served: Elderly, handicapped, developmentally disabled, and
other special populations.
Priority Projects: The Commission reserves the right to identify priority
projects for funding.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
3
Agency Information:
Name of Agency
Address
Website
Phone Number
Name of Agency Director
Email Address
Direct Line
Project Manager
Email Address
Direct Line
Secondary Contact
Email Address
Direct Line
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
4
Organization Information:
Provide background information on your agency to include services
currently being provided.
Provide target population and demographic information on your current
clientele to include percentage located within the City of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
5
Provide an example of a previous project success similar to what is being
proposed and/or one that was successful with Health and Human Services
funding support. Include how it was determined to be successful.
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
6
Does your agency have adequate capacity to complete the project being
requested?
Is the execution of this project dependent upon new staff funded through
this program?
Are your board members listed on your website?
Does your website include your mission and vision statements?
Do you have a strategic plan?
Are you listed on the www.211Arizona.org website?
Have you participated in a Project Connect event in the past?
Have you participated in a Health and Wellness Expo in the past?
Have you participated in the Apache Junction Community Resource Center
in the past?
Provide your 501c3 Identification number and renewal date.*
Do you have current By Laws signed by the Board of Directors?*
Do you have current Articles of Incorporation signed by the Board of
Directors?*
Are you filed with the Arizona Secretary of State or Arizona Corporation
Commission?*
*These items shall be submitted every five years to be held on file at the city. Should any
document change or be updated, a new copy shall be submitted to the city within 10
working days.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
7
Problem Statement:
What is the nature and extent of the problem to which you are trying to address?
To whom is this happening?
Why is this happening? What are the reasons or causes for the problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
8
How do you know this is a problem? Provide statistics that support your claim. If available,
please use statistics collected from your agency data and/or local documentation.
What will happen if the problem is not addressed?
What are the gaps between what exists and the solution?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
9
Is there local documentation which identifies this as a problem?
Has the city or the commission identified this as a problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
10
Project Proposal:
What is the proposed project to address the problem identified above? Please address
the who, what, when, where, why, and how.
Is this a best practice or has it been proven successful in other places?
Is this a new or continuing project?
Why is this a need to be addressed?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
11
Who will you serve with this project?
How and will you sustain this project after the agreement has ended?
Are there any community partners on this project? If so, please list.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
12
Please complete the chart below to answer the following questions for each
component of your project.
Approach: What are you going to do?
Inputs/Resources: What resources do you have to complete the project?
Activities: What specific actions will take place?
Outputs: What is the direct product of the activities?
Outcomes: What is the benefit or change as a result of the project?
Goals: W hat is the overall goal of the project?
Project
Component Approach Input Activities Outputs Outcomes Goals
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
13
Financial Information:
What is your Tax ID number?
What is your Arizona Tax Privilege License number?
Does your agency have internal financial controls in place to track, report,
and account for all funds which promotes transparency?
Is a certified public accountant responsible for your daily financials?
Is a certified public accountant responsible for creating your monthly
financial statements? Please provide most recent report.
Is a certified public accountant responsible for your filing your taxes?
When was your last 990 reported?
Where can it be found?
Have you had an audit completed and when?*
Do you have an annual agency budget? Please provide.
Who is responsible for creating your annual budget?
*These items may be submitted every five years to be held on file at the city. Should any document
change or be updated, a new copy shall be submitted to the city within 10 working days.
Provide a list of your annual fundraisers and average amount raised.
Provide a list of your funding sources and the average amount received, including
membership dues and private contributions.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
14
Project Budget:
Please provide a detailed budget by quarter for each itemized expense.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Total
What percentage of the project budget is being requested? $_______
What percentage of your budget is the requested funding? $_______
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
15
Narrative:
Please provide a detailed budget narrative for each itemized expense.
1
2
3
4
5
6
7
8
9
10
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
16
Project Evaluation:
How will you determine your project was successful in reaching your goals and what
methods will you use?
Project a minimum of two SMART Objectives by completing the chart below.
Direction of
change
What is
changing
Target
population
Degree of
change Timeframe Measure
1
2
3
4
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
17
Scoring Rubric for Commissioners:
Eligibility Questions Y/N
Application was submitted by the required due date.
Application was complete and provided adequate detail.
Applicant meets eligibility requirements.
Serves AJ residents
Has a presence in the community
Is a 501 c(3) non-profit
Provides a health and human services need Proposal Review 1 to 5
Organization Review - 25 points total
Provided information on residents served
Demonstration of successful projects
Demonstration of agency partnerships
Demonstration of agency capacity
Provided all required documentation per Ordinance No. 659
Problem Statement Review - 15 points total
Adequately identified the problem
Adequately identified the gaps
Identified a documented problem
Proposal Review - 20 points total
Provided detailed project information
Demonstration of need
Demonstration of community partners
Provided a detailed project scope
Financial Review - 15 points total
Provided required documentation
Demonstrated a financial need
Provided detailed and eligible budget
Evaluation Review - 10 points total
Comprehensive evaluation plan
Provided a minimum of two SMART objectives
85 points total 0
1 = Did not address adequately 2 = Addressed somewhat 3 = Addressed 4 = Adequately addressed
5 = Exceeded expectation
August 31, 2020
Actual Actual Actual Budget Budget
2 Years Prior Last Year Year to Date This Year 12 Mo Next Year 12 Mo
2018 2019 2020 2020 2021
Apache Junction
Corps
Apache Junction
Corps
Apache Junction
Corps
Apache Junction
Corps
Apache Junction
Corps
4100 Contributions 296,641 328,981 315,925 340,500 325,000
4003/4 Meeting Collections 15,337 21,839 8,907 24,300 11,500
4X05 World Service Contributions 557 1,407 317 4,885 500
4121/4200 Special Fund Raising Events 0 223 843 46,000 12,500
405X Gifts-In-Kind 217,361 185,189 107,135 270,000 270,000
4609 Special Appeals Appropriations 0 0 858 0 0
4600 Associated Organizations 180,422 186,513 32,631 26,000 79,000
4691 THQ Program Trust Distributions 13,215 13,215 5,506 13,215 13,215
4695 Income Res Distributions 657 661 272 661 652
4696 Field Support Fund Distributions 0 0 6,933 0 0
6000 Membership Dues - Net 31 67 16 50 50
6200 Program Service Fees 1,397 1,232 103 2,500 1,000
6900 Miscellaneous Revenue 447 147 751 1,500 1,500
TOTAL INCOME 726,065 739,474 480,196 729,611 714,917
EXPENSE
7000 Salaries & Allowances 244,881 242,503 153,520 215,844 178,407
7100 Officer & Employee Benefits 18,945 19,608 16,435 20,831 21,578
7200 Employment Taxes 9,029 8,636 5,739 9,271 10,024
8000 Professional Fees 17,684 18,763 28,958 18,386 37,553
8100 Supplies 17,303 19,538 11,999 8,385 5,575
8189 GIK: Supplies 50 0 0 0 0
8200 Telephone 3,317 3,544 3,268 3,400 3,200
8300 Postage & Shipping 6,013 6,558 6,578 6,422 7,548
8400 Occupancy 39,381 50,792 41,753 28,056 46,082
8500 Equipment/Furnishings 14,073 31,655 9,563 10,120 6,620
8600 Printed Materials 21,711 21,090 21,536 17,276 23,589
8700 Transportation/Meals 38,997 33,917 30,879 24,222 24,543
8800 Conf/Councils/Special Meetings 7,668 8,729 850 200 2,350
8900 Specific Assistance To Individuals 37,159 35,255 26,015 28,500 33,300
89x9 GIK Specific Assistance To Individuals 217,311 168,189 107,135 270,000 270,000
9000 Membership Dues 508 540 275 250 250
9100 Awards & Grants 472 968 250 500 500
9400 Miscellaneous Expense 1,887 1,511 963 1,279 1,383
9500 Depreciation 683 992 1,157 0 1,984
9600 Indirect/Agency Allocations 0 0 4,436 0 0
9605 World Service Expense 3,648 3,756 4,477 4,885 4,885
969? Indirect/Agency Support Service 32,065 36,031 33,397 42,864 35,544
Expenses Before Admin Allocation 732,786 712,575 509,183 710,691 714,917
TOTAL EXPENSE 732,786 712,575 509,183 710,691 714,917
Current Surplus / (Deficit)(6,721)26,899 (28,987)18,920 (0)
Prior Year Surplus / Deficit 13,796 7,075 33,974 0 0
Accum Surplus/Deficit Operating 7,075 29,506 4,988 18,920 (0)
Accum Surplus/Deficit Fixed Assets 0 4,468 0 0 0
Accum Surplus/Deficit Temp Restricted 0 0 0 0 0
Total Accumulated Surplus/Deficit 7,075 33,974 4,988 18,920 (0)
Officer in Charge/Program Director:
Corps Council:
Advisory Board Chair:
1/29/2021 1 AJ Org Budget FY21.xlsx 011_Apache Junction Corps_by Lo
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
2
Required Documentation per
Ordinance No. 659:
1. Most recent audit report (the City Clerk’s office has discretion to accept a P&L report and IRS tax
filings in lieu of an audit report for smaller nonprofits with an estimated $250,000 or less gross revenue)
2. Most recent financial statement
3. Detailed expenditure statement to include detailed accounting for all previously received
City funds (if applicable)
4. Source and amount of funding received from all other sources (non-governmental
agencies; membership fees and dues; private contributions)
5. Client service information as applicable to City residents (may not apply in all cases)
6. Proof of non-profit status (IRS determination)
7. Proof of corporate status to include copies of by-laws and Articles of Incorporation
8. Source and amount of funding received from other governmental agencies
9. Names and addresses of all current board members of agency governing board
Eligible Activities: Programs and services affording health, public health,
and human services care to all people, especially, to
individuals of underprivileged conditions.
Populations Served: Elderly, handicapped, developmentally disabled, and
other special populations.
Priority Projects: The Commission reserves the right to identify priority
projects for funding.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
3
Agency Information:
Name of Agency
Address
Website
Phone Number
Name of Agency Director
Email Address
Direct Line
Project Manager
Email Address
Direct Line
Secondary Contact
Email Address
Direct Line
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
4
Organization Information:
Provide background information on your agency to include services
currently being provided.
Provide target population and demographic information on your current
clientele to include percentage located within the City of Apache Junction.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
5
Provide an example of a previous project success similar to what is being
proposed and/or one that was successful with Health and Human Services
funding support. Include how it was determined to be successful.
Provide a detailed description of current partnerships within the community
include the name of the project/activity and how your agency partnered to
make it successful.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
6
Does your agency have adequate capacity to complete the project being
requested?
Is the execution of this project dependent upon new staff funded through
this program?
Are your board members listed on your website?
Does your website include your mission and vision statements?
Do you have a strategic plan?
Are you listed on the www.211Arizona.org website?
Have you participated in a Project Connect event in the past?
Have you participated in a Health and Wellness Expo in the past?
Have you participated in the Apache Junction Community Resource Center
in the past?
Provide your 501c3 Identification number and renewal date.*
Do you have current By Laws signed by the Board of Directors?*
Do you have current Articles of Incorporation signed by the Board of
Directors?*
Are you filed with the Arizona Secretary of State or Arizona Corporation
Commission?*
*These items shall be submitted every five years to be held on file at the city. Should any
document change or be updated, a new copy shall be submitted to the city within 10
working days.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
7
Problem Statement:
What is the nature and extent of the problem to which you are trying to address?
To whom is this happening?
Why is this happening? What are the reasons or causes for the problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
8
How do you know this is a problem? Provide statistics that support your claim. If available,
please use statistics collected from your agency data and/or local documentation.
What will happen if the problem is not addressed?
What are the gaps between what exists and the solution?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
9
Is there local documentation which identifies this as a problem?
Has the city or the commission identified this as a problem?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
10
Project Proposal:
What is the proposed project to address the problem identified above? Please address
the who, what, when, where, why, and how.
Is this a best practice or has it been proven successful in other places?
Is this a new or continuing project?
Why is this a need to be addressed?
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
11
Who will you serve with this project?
How and will you sustain this project after the agreement has ended?
Are there any community partners on this project? If so, please list.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
12
Please complete the chart below to answer the following questions for each
component of your project.
Approach: What are you going to do?
Inputs/Resources: What resources do you have to complete the project?
Activities: What specific actions will take place?
Outputs: What is the direct product of the activities?
Outcomes: What is the benefit or change as a result of the project?
Goals: W hat is the overall goal of the project?
Project
Component Approach Input Activities Outputs Outcomes Goals
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
13
Financial Information:
What is your Tax ID number?
What is your Arizona Tax Privilege License number?
Does your agency have internal financial controls in place to track, report,
and account for all funds which promotes transparency?
Is a certified public accountant responsible for your daily financials?
Is a certified public accountant responsible for creating your monthly
financial statements? Please provide most recent report.
Is a certified public accountant responsible for your filing your taxes?
When was your last 990 reported?
Where can it be found?
Have you had an audit completed and when?*
Do you have an annual agency budget? Please provide.
Who is responsible for creating your annual budget?
*These items may be submitted every five years to be held on file at the city. Should any document
change or be updated, a new copy shall be submitted to the city within 10 working days.
Provide a list of your annual fundraisers and average amount raised.
Provide a list of your funding sources and the average amount received, including
membership dues and private contributions.
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
14
Project Budget:
Please provide a detailed budget by quarter for each itemized expense.
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
Total
What percentage of the project budget is being requested? _______
What percentage of your budget is the requested funding? _______
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
15
Narrative:
Please provide a detailed budget narrative for each itemized expense.
1
2
3
4
5
6
7
8
9
10
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
16
Project Evaluation:
How will you determine your project was successful in reaching your goals and what
methods will you use?
Project a minimum of two SMART Objectives by completing the chart below.
Direction of
change
What is
changing
Target
population
Degree of
change Timeframe Measure
1
2
3
4
City of Apache Junction
300 East Superstition Blvd Apache Junction, AZ 85119 www.ajcity.net (480) 982-8002
HEALTH & HUMAN SERVICES COMMISSION
Application for Financial Assistance
17
Scoring Rubric for Commissioners:
Eligibility Questions Y/N
Application was submitted by the required due date.
Application was complete and provided adequate detail.
Applicant meets eligibility requirements.
Serves AJ residents
Has a presence in the community
Is a 501 c(3) non-profit
Provides a health and human services need Proposal Review 1 to 5
Organization Review - 25 points total
Provided information on residents served
Demonstration of successful projects
Demonstration of agency partnerships
Demonstration of agency capacity
Provided all required documentation per Ordinance No. 659
Problem Statement Review - 15 points total
Adequately identified the problem
Adequately identified the gaps
Identified a documented problem
Proposal Review - 20 points total
Provided detailed project information
Demonstration of need
Demonstration of community partners
Provided a detailed project scope
Financial Review - 15 points total
Provided required documentation
Demonstrated a financial need
Provided detailed and eligible budget
Evaluation Review - 10 points total
Comprehensive evaluation plan
Provided a minimum of two SMART objectives
85 points total 0
1 = Did not address adequately 2 = Addressed somewhat 3 = Addressed 4 = Adequately addressed
5 = Exceeded expectation
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 21-248
Agenda Date: 5/17/2021 Sponsor: Kelsey Schattnik and Rudy Esquivias
In Control: City Council Work SessionIndex:
Presentation and discussion of proposed changes to Apache Junction City Code, Volume II,
Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations,
Section 1-6-12 Medical Marijuana.
Page 1 City of Apache Junction, Arizona Printed on 5/12/2021
City of Apache Junction
Development Services Department
Date: May 5, 2021
To: Honorable Mayor and City Council Members
Through: Bryant Powell, City Manager
Larry Kirch, Development Services Director
Rudy Esquivias, Planning Manager/Zoning Administrator
From: Kelsey Schattnik, Planner
Subject: May 17, 2021, City Council Work Session Item:
AM-1-20 Presentation and discussion on proposed Text
Amendment to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1: Zoning Ordinance,
Article 1-6: Supplemental Regulations, Section 1-6-12,
Medical Marijuana.
Background
On December 1, 2020, Staff was directed by city council to amend
the current medical marijuana regulations to include
recreational marijuana regulations.
Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees:
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens.
Councilmember Evans motioned to add on to Councilmember Rizzi's
motion that marijuana be treated like retail and liquor stores
in the B-1, B-2 and B-3 zones.
In response to the direction given to staff, staff drafted two
versions of the proposed text amendment changes.
Version 1 allowed dual licensee facilities within the city, but
did not allow new standalone recreational marijuana
establishments or marijuana testing facilities.
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2, B-3 and B-4 zoning districts.
These establishments would operate under the same regulations as
existing medical marijuana dispensaries. Marijuana testing
facilities were not allowed.
On February 23, 2021, staff held a work session with the
planning and zoning commission to review the two draft text
changes. The commission recommended staff to focus on Version 2.
On March 23, 2021 the commission unanimously recommended
approval of Version 2 to city council.
On April 5, 2021, staff held a work session with city council to
review PZ recommended changes.
On April 6, 2021, a public hearing was held, but no action was
taken on Ordinance No. 1502, Resolution 21-13, Ordinance No.
1504 or Resolution No. 21-15.
Council requested more information about what other
municipalities were doing to regulate recreational marijuana
establishments. A work session was requested for Monday, May 17th
2021.
Please feel free to visit the Arizona Department of Health
Services website for more information regarding Medical and
Recreational Marijuana:
https://www.azdhs.gov/licensing/marijuana/index.php
Attachments:
- List of Arizona Municipality Recreational Marijuana Regulations
- Revised Medical Marijuana Ordinance (Marked-up Version 1)
- Revised Medical Marijuana Ordinance (Marked-up Version 2)
- AM-1-20 PZ Staff Report
Recreational Marijuana Regulations in Arizona*
Municipality Allow Dual
Licensees?
Allow Stand-
Alone Facilities?
Allow Testing
Facilities?
Ordinance
Avondale Yes No No 2005-0121
Bisbee Yes Yes Yes O-21-08
Bullhead City Yes Yes Yes 2021-05
Camp Verde No No No 2020-A459
Carefree Yes No No 2021-01
Casa Grande Yes No No 1397.08.29 §1 (part), 2021
Cave Creek Yes No - -
Chandler Yes No No 4949
Chino Valley Yes No No 2021-895
Clarkdale Yes Yes Yes 409
Clifton Yes Yes No 01-2021
Coolidge Yes No - 21-01
Cottonwood Yes No - -
Douglas Yes Yes Yes (CUP) 21-1128
Eager Yes No No 2021-03
Flagstaff Yes No -
Florence Yes Yes Yes 698-21
Fountain Hills Yes No No 20-25
Gilbert Yes No No 2783
Hayden Yes Yes Yes 2021-01
Huachuca City Yes Yes No -
Jerome No No No 464
Kearny Yes Yes - 1831
Kingman Yes No - -
Lake Havasu Yes Yes Yes 20-2607
Marana Yes No No 2020.019
Maricopa Yes No No 21-02
Mesa Yes No No 5601 (20-1212)
Miami Yes Yes No 375
Nogales No No No 2020-12-007
Oro Valley Yes No No 20-10
Page Yes No No 678-21
Paradise Valley Yes No No 2021-01
Patagonia Yes Yes Yes 21-01
Payson Yes No No 923; Reso. 3226
Peoria Yes No - 2021-02
Prescott Yes Yes No 2020-1735
Queen Creek Yes No No 739-20
Safford Yes Yes No 021-006; Reso. R21-002
Sahuarita Yes No No 2020-0152
Scottsdale Yes No No 4484
Sedona Yes No - -
Recreational Marijuana Regulations in Arizona*
*Please note that this is not an official, or complete, list of cities, regulations and ordinances regarding
the adult use of marijuana. This document was created by city staff and is for informational purposes
only.
Research Notes:
• This law is very specific to the state of Arizona.
• The city can regulate the zoning, signage and delivery.
• The city can determine where it is allowed to locate based on zoning.
• The city can prohibit the sales within the city, but cannot prohibit the use of recreational
marijuana (guaranteed by statute).
• Can always amend regulations at a later date.
• Home cultivation for a qualifying patient is based on the location of the qualifying patient and
not the qualifying caregiver.
Sierra Vista Yes Yes Yes 2021-002
Superior Yes - - -
Surprise Yes No No 2020-37
Thatcher Yes Yes Yes 188-2020
Tolleson Yes No No 594
Winslow Yes No Yes (CUP) 1357 §1, 2020
Youngtown Yes No No 2020-05
Yuma Yes No - Zone-32945-2020
1
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
facilities, including dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments. The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development (“PD”) rezoning process or PD major amendment process.
B. Number of Medical Marijuana Facilities Allowed in City. The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area (“CHAA”). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment facility that has received a CUP conditional
use permit approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city’s
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services (“ADHS”) by forfeiting either its marijuana establishment license or
non-profit medical marijuana dispensary registration.
2
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in an a fully enclosed locked facility, such
as a to include only a permanent secure building (walls and a roof) and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS State Department of Health
Services (“DHS”), such as a registration certificate, for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all nonprofit medical marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval. The conditions of approval which may be considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
3
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, or infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church, or drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an “enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a single
secure entrance.
iii. Additional protections, if any, Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of medical marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
e. Dispensaries selling marijuana related products such as pipes, water pipes,
rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be
restricted to selling only to patients displaying the required Arizona Department
of Health Services medical marijuana card and to be used only in conjunction
4
with a physician’s certification or recommendation. Cookbooks and educational
materials are excepted from this provision.
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable, transparent and
safe operation of the facility.
4. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
5
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver (including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21) years of
age to possess, transport, cultivate or process more than six (6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess, transport, cultivate or process more than twelve (12)
marijuana plants at the individuals’ primary residence.
c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol, that has a flashpoint below one hundred (100) degrees
Fahrenheit.
e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes, vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
6
i. Cultivation as part of a home based occupation is not allowed.
1
“2021 Amendments to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6:
Supplemental Regulations, § 1-6-12, Medical and Recreational
Marijuana”
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the
establishment of nonprofit medical marijuana
facilities, including dispensaries, cultivation
facilities, and infusion facilities. The requirements
of this section, for the establishment of a nonprofit
medical marijuana use, may also be accomplished
through a planned development (“PD”) rezoning process
or PD major amendment process.
2. Number of Facilities Allowed in City. The total number
of nonprofit medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be as allowed by state statute for the Apache Junction
Community Health Analysis Area (“CHAA”). (See A.R.S.
Title 36, Chapter 28.1 Arizona Medical Marijuana Act,
for definitions and statutes pertaining to medical
marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana
dispensaries shall be allowed in the city's B-1,
B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a
stand-alone nonprofit medical marijuana infusion
facility which serves one or more nonprofit
medical marijuana dispensaries shall be limited
to the city's B-5 zoning district.
c) An existing medical marijuana facility that has
received CUP a conditional use permit approval
from the city prior to the effective date of this
ordinance, shall be allowed to continue operating
at the approved location, regardless of any newly
defined spacing requirements; and as long as said
operation remains in strict accordance with the
conditions of approval of said facility, or as
2
may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that
intends to become a dual licensee to sell recreational
marijuana shall present proof of dual licensee status
to the city’s business license office; and
a) Is permitted by the State of Arizona to operate
both a nonprofit medical marijuana dispensary and
a marijuana establishment at a shared location;
and
b) Has not terminated its status as a dual licensee
with the Arizona Department of Health Services
(“ADHS”) by forfeiting either its marijuana
establishment license or non-profit medical
marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries,
cultivation facilities, and infusion facilities shall
be located in an a fully enclosed locked facility,
such as a to include only a permanent secure building
(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as
a cultivation facility, reasonable measures shall be
taken to obscure the visibility of the marijuana
plants from outside the building.
6. Applications. A CUP application for medical marijuana
dispensaries, cultivation facilities or infusion
facilities shall include all the information required
on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by
the property owner of record that he or she is
aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS
State Department of Health Services (“DHS”), such
as a registration certificate, for the nonprofit
medical marijuana dispensary, nonprofit medical
marijuana dispensary off-site cultivation
facility or stand-alone nonprofit medical
3
marijuana infusion facility, or dual licensee and
a written assurance that all nonprofit medical
marijuana dispensary agents associated with the
approved facility shall register with the Apache
Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said
final approval document.
c) Application and all applicable fees paid as
required by Apache Junction City Code, Volume I;
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor plan for the
facility prepared in accordance with Section 1-
16-9, and narrative explaining the operation of
the facility and hours of operation.
7. Conditions of Approval. The conditions of approval
which may be considered by the planning and zoning
commission in evaluating these requests include the
following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another
dispensary, cultivation facility or infusion
facility, as measured from nearest building
wall to nearest building wall.
ii. A minimum of 750 feet between a dispensary,
cultivation facility or infusion facility
and any public or private education
institution (inclusive of public or private
charter schools), library, public park,
commercial-zoned day care facility, free-
standing church, or drug and/or alcohol
rehabilitation center, or group home, as
measured from nearest building wall of the
business to the nearest building wall of the
protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be
allowed. Delivery service shall be allowed as
per state statute.
4
b) Outdoor seating areas at dispensaries,
cultivation facilities or infusion facilities
shall not be allowed.
c) A medical marijuana facility shall submit a
security plan containing the following
information:
i. Proof that any cultivation and storage of
medical marijuana will take place in an
“enclosed locked facility (with walls and a
roof and not a manufactured or factory built
building or cargo container)” equipped with
locks or other security devices that permit
access only by persons authorized to enter
pursuant to state and local law.
ii. A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance.
iii. Additional protections, if any,
Explanation, narrative, or protocols against
medical marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the dispensary, off-
site cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a
dispensary, cultivation facility or infusion
facility shall not be allowed.
e) Dispensaries selling marijuana related products
such as pipes, water pipes, rolling paper,
screens, vaporizers, mills, concealing devices,
etc., shall be restricted to selling only to
patients displaying the required Arizona
Department of Health Services medical marijuana
card and to be used only in conjunction with a
physician’s certification or recommendation.
Cookbooks and educational materials are excepted
from this provision.
5
f) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
g) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage.
9. Other Conditions. The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements.
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood or community.
c) Hours of operation will be addressed through the
CUP process.
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, alarm permit and
other items for the reasonable, transparent and
safe operation of the facility.
10. Medical Marijuana Patient Home Cultivation. In the event
that a qualifying patient residing in the city lives 25
miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12
marijuana plants at the place of primary residence
(including a manufactured home or a recreational vehicle)
of the qualifying patient, with owner's permission, without
need to apply for a CUP. However, said individual or his or
her designated caregiver shall apply the same types of
6
precautions as above for security, use, documentation and
must advise the chief of police of his or her intent to
cultivate marijuana at home. At such time as a dispensary
is located within 25 miles from the qualifying patient's
home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among
other possible local, state and federal law violations.
Any change in residence location shall be reported to the
chief of police within 30 days.
11. Medical Marijuana Caregiver Home Cultivation. In the event
that a designated caregiver whose residence is in the city
limits is cultivating marijuana for the qualifying patient
or patients in his or her care, and whose qualifying
patient or patients in his or her care live 25 miles or
farther from a dispensary, said designated caregiver may
cultivate no more than 12 marijuana plants per patient at
the place of primary residency of the designated caregiver
(including a manufactured home or a recreational vehicle),
with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the
same types of precautions as above for security, use,
documentation and must advise the chief of police of his or
her intent to cultivate marijuana at home for the benefit
of his or her qualifying patient or patients. At such time
as a dispensary is located within 25 miles from the
qualified patient or patients home, all cultivation of
marijuana plants in the home must cease or shall be
considered a zoning violation, among other possible local,
state and federal law violations. Any change in residence
location shall be reported to the chief of police within 30
days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S.
Title 36, Chapter 28.2 Responsible Adult Use of
Marijuana.
2. Permit Required. A CUP shall be required for the
establishment of recreational marijuana
establishments. The requirements of this section, for
the establishment of a marijuana use, may also be
accomplished through a planned development (“PD”)
rezoning process or PD major amendment process.
7
3. Allowed Zoning Districts. Location of marijuana
establishments shall be allowed in the city's B-1, B-
2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana
establishments shall be located in a fully enclosed
locked facility, to include only a permanent building
(walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle.
5. Applications. A CUP application for recreational
marijuana establishments shall include all the
information required on the CUP application form and
the following supplemental information:
a) Signature and consent on the application form by
the property owner of record that he or she is
aware the property will be used for a
recreational marijuana establishment.
b) A copy of the preliminary approval from the
Arizona Department of Health Services (“ADHS”),
such as a registration certificate, for a
marijuana establishment, and a written assurance
that all marijuana establishment agents
associated with the approved facility shall
register with the Apache Junction Police
Department upon final approval to operate from
ADHS, as well as a copy of said final approval
document.
c) Application and all applicable fees paid as
required by Apache Junction City Code, Volume I;
Chapter 8, Business, and the Apache Junction City
Tax Code as amended.
d) A detailed site plan and floor plan for the
facility prepared in accordance with Section 1-
16-9, and narrative explaining the operation of
the facility and hours of operation.
6. Conditions of Approval. The conditions of approval
which may be considered by the planning and zoning
8
commission in evaluating these requests include the
following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another
medical marijuana use (inclusive of dual
licensee facilities) or recreational
marijuana establishment as measured from
nearest building wall to nearest building
wall.
ii. A minimum of 750 feet between another
medical marijuana use (inclusive of dual
licensee facilities) or recreational
marijuana establishment and any public or
private education institution (inclusive of
public and private charter schools),
library, public park, commercial-zoned day
care facility, free-standing church, drug
and/or alcohol rehabilitation center, or
group home as measured from nearest building
wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be
allowed, but delivery service shall be allowed as
per state statute.
b) Outdoor seating areas at recreational
establishments shall not be allowed.
c) A recreational marijuana facility shall submit a
security plan containing the following
information:
i. Proof that any cultivation and storage of
marijuana will take place in an “enclosed,
locked facility (with walls and a roof and
not a manufactured or factory built building
or cargo container)” equipped with locks or
other security devices that permit access
only by persons authorized to enter pursuant
to state and local law.
9
ii. A floor plan that details the security
measures required by state law, including an
on-site alarm system, video surveillance
devices and a single secure entrance.
iii. Explanation, narrative, or protocols
against marijuana diversion and theft.
iv. Provide and continuously update as needed a
current list of all persons who are
authorized to access the establishment.
d) On-site consumption of marijuana establishment
shall not be allowed.
e) The size of facility in terms of square footage,
building height or other factors shall be
consistent with the character of existing or
planned surrounding development.
f) Signage that will be visible from the exterior of
the facility may be approved by the city if all
sign code regulations have been met. The use of
the marijuana leaf symbol shall not be allowed on
any exterior signage.
8. Other Conditions. The planning and zoning commission
may deem it necessary to apply other conditions to
conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning,
landscaping, engineering, building, design
guidelines, overlay district and/or planned
development district requirements.
b) The commission shall reserve the right to revoke
a CUP for noncompliance with any condition
prescribed as part of the permit approval or if
the use is demonstrated to be a nuisance or
hazard to the neighborhood or community.
c) Hours of operation will be addressed through the
CUP process.
10
d) Allowing and accommodating unannounced
inspections by law enforcement officials at any
time the facility is occupied and/or operating,
emergency contact information, alarm permit and
other items for the reasonable, transparent and
safe operation of the facility.
9. The operation of a recreational marijuana testing
facility is prohibited.
10. The commercial cultivation and processing of
recreational marijuana as a standalone use is
prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at
least twenty-one (21) years of age to possess,
transport, cultivate or process more than six (6)
marijuana plants.
b) It shall be unlawful for two or more individuals
who are at least twenty-one (21) years of age to
possess, transport, cultivate or process more
than twelve (12) marijuana plants at the
individuals’ primary residence.
c) Except as provided by A.R.S §36-2801 et al. and
this Section, it shall be unlawful for an
individual to otherwise cultivate marijuana in a
residential zoning district within Apache
Junction.
d) Individuals shall not process or manufacture
marijuana by means of any liquid or gas other
than alcohol, that has a flashpoint below one
hundred (100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall
be used for their intended use and shall not be
used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust, fumes, vapors,
or odors into the environment and individuals
shall ensure that ventilation, air filtration,
11
building and design standards are compatible with
adjacent uses and the requirement of adopted
building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room,
greenhouse, or other enclosed area on the grounds
of the residence equipped with a lock or other
security device that prevents access by minors.
h) Cultivation shall take place in an area where the
marijuana plants are not visible from public view
without using binoculars, aircraft, or other
optical aids.
i) Cultivation as part of a home based occupation is
not allowed.
“Medical Marijuana Text Amendments” Case AM-1-20
March 23, 2021 Planning and Zoning Commission Staff Report
City of Apache Junction
Development Services Department
PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT
DATE: March 23, 2021
CASE NUMBER: AM-1-20
REQUEST: Presentation, discussion and consideration
on proposed Text Amendment to the Apache
Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplemental
Regulations, Section 1-6-12, Medical
Marijuana; Section 1-5-3 Non-Residential
Use Regulations; and Article 1-17:
Definitions. BACKGROUND
On November 3, 2020, as part of the general election, the voters
of Arizona passed the “Smart and Safe Arizona Act”, a citizen
initiative……” relating to the responsible adult use, regulation
and taxation of marijuana”, also referred to as recreational
marijuana.
On December 1, 2020, the City Council directed Planning Staff to
amend the Zoning Text that addresses the medical marijuna
criteria to include recreational marijuana, as follows:
“Councilmember Rizzi moved, seconded by Mayor Serdy to direct
staff to allow existing dispensaries to become dual licensees:
require CUP amendment process, operate under the same rules as
existing dispensaries, allow recreational marijuana sales too,
but no cultivation or processing, allow medical marijuana to
convert to recreational marijuana through CUP amendment, the
code to still allow for medical marijuana cultivation and
infusion kitchens. Councilmember Evans motioned to add on to
Councilmember Rizzi's motion that marijuana be treated like
retail and liquor stores in the B-1, B-2 and B-3 zones.”
At a work session on February 23, 2021, the Planning and Zoning
Commission was presented with two text change options regarding
“Medical Marijuana Text Amendments” Case AM-1-20
March 23, 2021 Planning and Zoning Commission Staff Report
the integration of recreational marijuana into the existing
medical marijuana regulations.
Version 1 allowed dual licensee facilities with the city, but
did not allow new standalone recreational marijuana
establishments or recreational marijuana testing facilities.
Version 2 allowed standalone recreational marijuana
establishments in the B-1, B-2 and B-3 zoning district, did not
allow recreational marijuana testing facilities, and imposed the
same regulations as existing medical marijuana dispensaries.
The Planning and Zoning Commission recommended that staff move
forward with Version 2, provided that recreational marijuana
establishments were treated the same as existing medical
marijuana dispensaries, including the spacing requirements.
PROPOSAL
The draft amendments are being presented to the planning and
zoning commission for their recommendation to the city council.
The proposed text amendment is case AM-1-20, a request to amend
the medical marijuana regulations to include recreational
marijuana.
Revised Section 1-6-12 Medical and Recreational Marijuana:
- Medical Marijuana Criteria:
o All regulations for medical marijuana facilities are
to remain the same. Minor text changes have been made
for clarification.
o The addition of regulations surrounding dual licensees
has been added to the medical marijuana regulations.
- Recreational Marijuana Criteria:
o Recreational marijuana establishments will be treated
in the same manner as medical marijuana facilities.
o Regulations include the home cultivation of
recreational marijuana for individuals 21 years of age
or older. Section 1-5-2 Non-Residential Use Regulations
- Table 1-5-2 will be revised to include provisions regarding
recreational marijuana.
“Medical Marijuana Text Amendments” Case AM-1-20
March 23, 2021 Planning and Zoning Commission Staff Report
Article 1-17: Definitions
- Definitions within this article will be revised to reflect
the words and phrases that are described in the newly
amended medical and recreational marijuana regulations. PLANNING DIVISION RECOMMENDATION
Planning staff recommends approval of the proposed text
amendment and offers the following recommended motion to update
the Apache Junction City Code, Volume II, Land Development Code,
Chapter 1: Zoning Ordinance, Article 1-6: Supplemental
Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3
Non-Residential Use Regulations, and Article 1-17: Definitions
to include regulations regarding recreational marijuana. RECOMMENDED MOTION
I move that the Planning and Zoning Commission recommend to the
Apache Junction City Council the (APPROVAL/DENIAL) of text
amendment case AM-1-20, an amendment to the Apache Junction City
Code, Volume II, Land Development Code, Chapter 1: Zoning
Ordinance, Article 1-6: Supplemental Regulations, Section 1-6-
12, Medical Marijuana; Section 1-5-3 Non-Residential Use
Regulations; and Article 1-17: Definitions described in the
attached text exhibits dated March 17, 2021.
Kelsey Schattnik
_________________________
Prepared by Kelsey Schattnik
Planner
Attachments:
Exhibit #1 – Revised Medical Marijuana Ordinance (“Clean”
Version 2)_(March 17, 2021)
Exhibit #2 – Revised Medical Marijuana Ordinance (“Marked-up”
Version 2)_(March 17, 2021)
Exhibit #3 – Revised Section 1-5-3 Non-Residential Use Regulations and
Article 1-17 Definitions (March 17, 2021)
Exhibit #4 – Revised Medical Marijuana Ordinance (Version 1)_
(Presented to Planning and Zoning Commission on February 23, 2021)
1
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section, for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
(“PD”) rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City. The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
(“CHAA”). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP approval from
the city prior to the effective date of this ordinance, shall be allowed to
continue operating at the approved location, regardless of any newly
defined spacing requirements; and as long as said operation remains in strict
accordance with the conditions of approval of said facility, or as may
otherwise be approved by a CUP amendment or renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city’s
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
2
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services (“ADHS”) by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in a fully enclosed locked facility, to include only a
permanent building (walls and a roof) and not in a cargo container, RV, trailer, or
motor vehicle. If a green house is used as a cultivation facility, reasonable measures
shall be taken to obscure the visibility of the marijuana plants from outside the
building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS, such as a registration
certificate, for the nonprofit medical marijuana dispensary, nonprofit
medical marijuana dispensary off-site cultivation facility or stand-alone
nonprofit medical marijuana infusion facility, or dual licensee and a written
assurance that all nonprofit medical marijuana dispensary agents associated
with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of
said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval. The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
3
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility, free-standing church, drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an “enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against medical marijuana
diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
4
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
5
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.2 Responsible
Adult Use of Marijuana.
2. Permit Required. A CUP shall be required for the establishment of recreational
marijuana establishments. The requirements of this section, for the establishment of a
marijuana use, may also be accomplished through a planned development (“PD”)
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV, trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services (“ADHS”), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
6
6. Conditions of Approval. The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility, free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an “enclosed, locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
7
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21) years of
age to possess, transport, cultivate or process more than six (6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21) years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals’ primary residence.
8
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol, that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust, fumes, vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
1
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2)
March 17, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Medical Marijuana:
1. Permit Required. A CUP shall be required for the establishment of nonprofit medical
marijuana facilities, including dispensaries, cultivation facilities, and infusion
facilities. The requirements of this section, for the establishment of a nonprofit
medical marijuana use, may also be accomplished through a planned development
(“PD”) rezoning process or PD major amendment process.
2. Number of Facilities Allowed in City. The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as
allowed by state statute for the Apache Junction Community Health Analysis Area
(“CHAA”). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for
definitions and statutes pertaining to medical marijuana.)
3. Allowed Zoning Districts.
a) Location of nonprofit medical marijuana dispensaries shall be allowed in the
city's B-1, B-2, B-4 and B-5 zoning districts.
b) Location of a cultivation facility and/or a stand-alone nonprofit medical
marijuana infusion facility which serves one or more nonprofit medical
marijuana dispensaries shall be limited to the city's B-5 zoning district.
c) An existing medical marijuana facility that has received CUP a conditional
use permit approval from the city prior to the effective date of this
ordinance, shall be allowed to continue operating at the approved location,
regardless of any newly defined spacing requirements; and as long as said
operation remains in strict accordance with the conditions of approval of
said facility, or as may otherwise be approved by a CUP amendment or
renewal.
4. An existing medical marijuana establishment that intends to become a dual licensee
to sell recreational marijuana shall present proof of dual licensee status to the city’s
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical
marijuana dispensary and a marijuana establishment at a shared location;
and
2
b) Has not terminated its status as a dual licensee with the Arizona Department
of Health Services (“ADHS”) by forfeiting either its marijuana establishment
license or non-profit medical marijuana dispensary registration.
5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion
facilities shall be located in an a fully enclosed locked facility, such as a to include
only a permanent secure building (walls and a roof) and not in a cargo container, RV,
trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from
outside the building.
6. Applications. A CUP application for medical marijuana dispensaries, cultivation
facilities or infusion facilities shall include all the information required on the CUP
application form and the following supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for medical
marijuana dispensing, cultivating or infusion.
b) A copy of the preliminary approval from the ADHS State Department of
Health Services (“DHS”), such as a registration certificate, for the nonprofit
medical marijuana dispensary, nonprofit medical marijuana dispensary off-
site cultivation facility or stand-alone nonprofit medical marijuana infusion
facility, or dual licensee and a written assurance that all nonprofit medical
marijuana dispensary agents associated with the approved facility shall
register with the Apache Junction Police Department upon final approval to
operate from ADHS, as well as a copy of said final approval document.
c) Application and all applicable fees paid as required by Apache Junction City
Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
7. Conditions of Approval. The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another dispensary, cultivation
facility or infusion facility, as measured from nearest building wall to
nearest building wall.
3
ii. A minimum of 750 feet between a dispensary, cultivation facility or
infusion facility and any public or private education institution
(inclusive of public or private charter schools), library, public park,
commercial-zoned day care facility, free-standing church, or drug
and/or alcohol rehabilitation center, or group home, as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
8. Operating Requirements:
a) Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b) Outdoor seating areas at dispensaries, cultivation facilities or infusion
facilities shall not be allowed.
c) A medical marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an “enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii. Additional protections, if any, Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the dispensary, off-site
cultivation site or infusion facility.
d) On-site consumption of medical marijuana at a dispensary, cultivation
facility or infusion facility shall not be allowed.
e) Dispensaries selling marijuana related products such as pipes, water pipes,
rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be
restricted to selling only to patients displaying the required Arizona
Department of Health Services medical marijuana card and to be used only
in conjunction with a physician’s certification or recommendation.
Cookbooks and educational materials are excepted from this provision.
4
f) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
g) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
9. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
5
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place of
primary residency of the designated caregiver (including a manufactured home or a
recreational vehicle), with homeowner's permission, without need to apply for a
CUP. However, said designated caregiver shall apply the same types of precautions
as above for security, use, documentation and must advise the chief of police of his
or her intent to cultivate marijuana at home for the benefit of his or her qualifying
patient or patients. At such time as a dispensary is located within 25 miles from the
designated caregiver's home, all cultivation of marijuana plants in the home must
cease or shall be considered a zoning violation, among other possible local, state
and federal law violations. Any change in residence location shall be reported to the
chief of police within 30 days.
B. Recreational Marijuana
1. All provisions in this section are pursuant to A.R.S. Title 36, Chapter 28.2 Responsible
Adult Use of Marijuana.
2. Permit Required. A CUP shall be required for the establishment of recreational
marijuana establishments. The requirements of this section, for the establishment of a
marijuana use, may also be accomplished through a planned development (“PD”)
rezoning process or PD major amendment process.
3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the
city's B-1, B-2, B-3 and B-4 zoning districts.
4. Facility Security. Recreational marijuana establishments shall be located in a fully
enclosed locked facility, to include only a permanent building (walls and a roof) and
not in a cargo container, RV, trailer, or motor vehicle.
5. Applications. A CUP application for recreational marijuana establishments shall
include all the information required on the CUP application form and the following
supplemental information:
a) Signature and consent on the application form by the property owner of
record that he or she is aware the property will be used for a recreational
marijuana establishment.
b) A copy of the preliminary approval from the Arizona Department of Health
Services (“ADHS”), such as a registration certificate, for a marijuana
establishment, and a written assurance that all marijuana establishment
agents associated with the approved facility shall register with the Apache
Junction Police Department upon final approval to operate from ADHS, as
well as a copy of said final approval document.
6
c) Application and all applicable fees paid as required by Apache Junction City
Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code
as amended.
d) A detailed site plan and floor plan for the facility prepared in accordance
with Section 1-16-9, and narrative explaining the operation of the facility and
hours of operation.
6. Conditions of Approval. The conditions of approval which may be considered by the
planning and zoning commission in evaluating these requests include the following:
a) Required Spacing Requirements:
i. A minimum of 1,320 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment as measured from nearest building wall to nearest
building wall.
ii. A minimum of 750 feet between another medical marijuana use
(inclusive of dual licensee facilities) or recreational marijuana
establishment and any public or private education institution
(inclusive of public and private charter schools), library, public park,
commercial-zoned day care facility, free-standing church, drug
and/or alcohol rehabilitation center, or group home as measured
from nearest building wall of the business to the nearest building
wall of the protected use.
7. Operating Requirements:
a) Drive-through pickup windows shall not be allowed, but delivery service
shall be allowed as per state statute.
b) Outdoor seating areas at recreational establishments shall not be allowed.
c) A recreational marijuana facility shall submit a security plan containing the
following information:
i. Proof that any cultivation and storage of marijuana will take place in
an “enclosed, locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by
persons authorized to enter pursuant to state and local law.
7
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a
single secure entrance.
iii. Explanation, narrative, or protocols against marijuana diversion and
theft.
iv. Provide and continuously update as needed a current list of all
persons who are authorized to access the establishment.
d) On-site consumption of marijuana establishment shall not be allowed.
e) The size of facility in terms of square footage, building height or other
factors shall be consistent with the character of existing or planned
surrounding development.
f) Signage that will be visible from the exterior of the facility may be approved
by the city if all sign code regulations have been met. The use of the
marijuana leaf symbol shall not be allowed on any exterior signage.
8. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a) Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b) The commission shall reserve the right to revoke a CUP for noncompliance
with any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or
community.
c) Hours of operation will be addressed through the CUP process.
d) Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency
contact information, alarm permit and other items for the reasonable,
transparent and safe operation of the facility.
9. The operation of a recreational marijuana testing facility is prohibited.
8
10. The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
11. Home Cultivation.
a) It shall be unlawful for any individual who is at least twenty-one (21) years of
age to possess, transport, cultivate or process more than six (6) marijuana
plants.
b) It shall be unlawful for two or more individuals who are at least twenty-one
(21) years of age to possess, transport, cultivate or process more than
twelve (12) marijuana plants at the individuals’ primary residence.
c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be
unlawful for an individual to otherwise cultivate marijuana in a residential
zoning district within Apache Junction.
d) Individuals shall not process or manufacture marijuana by means of any
liquid or gas other than alcohol, that has a flashpoint below one hundred
(100) degrees Fahrenheit.
e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their
intended use and shall not be used primarily for residential marijuana
processing, manufacturing, or cultivation.
f) A residence shall not emit dust, fumes, vapors, or odors into the
environment and individuals shall ensure that ventilation, air filtration,
building and design standards are compatible with adjacent uses and the
requirement of adopted building codes of Apache Junction.
g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed
area on the grounds of the residence equipped with a lock or other security
device that prevents access by minors.
h) Cultivation shall take place in an area where the marijuana plants are not
visible from public view without using binoculars, aircraft, or other optical
aids.
i) Cultivation as part of a home based occupation is not allowed.
1
CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1)
February 23, 2021
1-6-12 MEDICAL AND RECREATIONAL MARIJUANA
A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana
facilities, including dispensaries, cultivation facilities, and infusion facilities, and recreational
marijuana establishments. The requirements of this section, for the establishment of a
nonprofit medical and/or recreational marijuana use, may also be accomplished through a
planned development (“PD”) rezoning process or PD major amendment process.
B. Number of Medical Marijuana Facilities Allowed in City. The total number of nonprofit medical
marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state
statute for the Apache Junction Community Health Analysis Area (“CHAA”). (See A.R.S. Title 36,
Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical
marijuana.)
C. Allowed Zoning Districts.
1) Location of nonprofit medical and/or recreational marijuana establishments
dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to
a CUP or PD rezoning process.
2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana
infusion facility which serves one or more nonprofit medical marijuana dispensaries
shall be limited to the city's B-5 zoning district.
3) An existing medical marijuana establishment facility that has received a CUP conditional
use permit approval from the city prior to the effective date of this ordinance, shall be
allowed to continue operating at the approved location, regardless of any newly defined
spacing requirements; and as long as said operation remains in strict accordance with
the conditions of approval of said facility, or as may otherwise be approved by a CUP
amendment or renewal.
4) An existing medical marijuana establishment that intends to become a dual licensee to
sell recreational marijuana shall present proof of dual licensee status to the city’s
business license office; and
a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana
dispensary and a marijuana establishment at a shared location; and
b) Has not terminated its status as a dual licensee with the Arizona Department of
Health Services (“ADHS”) by forfeiting either its marijuana establishment license or
non-profit medical marijuana dispensary registration.
2
5) The operation of a recreational marijuana testing facility is prohibited.
6) The commercial cultivation and processing of recreational marijuana as a standalone
use is prohibited.
D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and
recreational marijuana establishments shall be located in an a fully enclosed locked facility, such
as a to include only a permanent secure building (walls and a roof) and not in a cargo container,
RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable
measures shall be taken to obscure the visibility of the marijuana plants from outside the
building.
E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or
infusion facilities, and recreational marijuana establishments shall include all the information
required on the CUP application form and the following supplemental information:
1. Signature and consent on the application form by the property owner of record that
he or she is aware the property will be used for medical marijuana dispensing,
cultivating or infusion, or recreational marijuana.
2. A copy of the preliminary approval from the ADHS State Department of Health
Services (“DHS”), such as a registration certificate, for the nonprofit medical
marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation
facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee
and a written assurance that all nonprofit medical marijuana dispensary agents
associated with the approved facility shall register with the Apache Junction Police
Department upon final approval to operate from ADHS, as well as a copy of said final
approval document.
3. Application and all applicable fees paid as required by Apache Junction City Code,
Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
4. A detailed site plan and floor plan for the facility prepared in accordance with
Section 1-16-9, and narrative explaining the operation of the facility and hours of
operation.
F. Conditions of Approval. The conditions of approval which may be considered by the planning
and zoning commission in evaluating these requests include the following:
1. Required Spacing Requirements:
a. A minimum of 1,320 feet between another medical marijuana dispensary,
cultivation facility or infusion facility, or recreational marijuana establishment as
measured from nearest building wall to nearest building wall.
3
b. A minimum of 750 feet between a medical marijuana dispensary, cultivation
facility, or infusion facility, or recreational marijuana establishment and any
public or private education institution (inclusive of public or private charter
schools), library, public park, commercial-zoned day care facility, free-standing
church, or drug and/or alcohol rehabilitation center, or group home, as
measured from nearest building wall of the business to the nearest building wall
of the protected use.
2. Operating Requirements:
a. Drive-through pickup windows shall not be allowed. Delivery service shall be
allowed as per state statute.
b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or
infusion facilities, or recreational medical establishment shall not be allowed.
c. A medical marijuana facility or recreational marijuana establishment shall
submit a security plan containing the following information:
i. Proof that any cultivation and storage of medical marijuana will take
place in an “enclosed locked facility (with walls and a roof and not a
manufactured or factory built building or cargo container)” equipped
with locks or other security devices that permit access only by persons
authorized to enter pursuant to state and local law.
ii. A floor plan that details the security measures required by state law,
including an on-site alarm system, video surveillance devices and a single
secure entrance.
iii. Additional protections, if any, Explanation, narrative, or protocols
against medical marijuana diversion and theft.
iv. Provide and continuously update as needed a current list of all persons
who are authorized to access the establishment, dispensary, off-site
cultivation site or infusion facility.
d. On-site consumption of medical marijuana and/or marijuana products at a
marijuana establishment, dispensary, cultivation facility or infusion facility shall
not be allowed.
e. Dispensaries selling marijuana related products such as pipes, water pipes,
rolling paper, screens, vaporizers, mills, concealing devices, etc., shall be
restricted to selling only to patients displaying the required Arizona Department
of Health Services medical marijuana card and to be used only in conjunction
4
with a physician’s certification or recommendation. Cookbooks and educational
materials are excepted from this provision.
f. The size of facility in terms of square footage, building height or other factors
shall be consistent with the character of existing or planned surrounding
development.
g. Signage that will be visible from the exterior of the facility may be approved by
the city if all sign code regulations have been met. The use of the marijuana leaf
symbol shall not be allowed on any exterior signage.
3. Other Conditions. The planning and zoning commission may deem it necessary to
apply other conditions to conserve and promote the public health, safety,
convenience and general welfare, including:
a. Compliance with all city-adopted zoning, landscaping, engineering, building,
design guidelines, overlay district and/or planned development district
requirements.
b. The commission shall reserve the right to revoke a CUP for noncompliance with
any condition prescribed as part of the permit approval or if the use is
demonstrated to be a nuisance or hazard to the neighborhood or community.
c. Hours of operation will be addressed through the CUP process.
d. Allowing and accommodating unannounced inspections by law enforcement
officials at any time the facility is occupied and/or operating, emergency contact
information, alarm permit and other items for the reasonable, transparent and
safe operation of the facility.
4. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient
residing in the city lives 25 miles or farther from a dispensary, said individual or his
or her designated caregiver may cultivate no more than 12 marijuana plants at the
place of primary residence (including a manufactured home or a recreational
vehicle) of the qualifying patient, with owner's permission, without need to apply
for a CUP. However, said individual or his or her designated caregiver shall apply the
same types of precautions as above for security, use, documentation and must
advise the chief of police of his or her intent to cultivate marijuana at home. At such
time as a dispensary is located within 25 miles from the qualifying patient's home,
all cultivation of marijuana plants in the home must cease or shall be considered a
zoning violation, among other possible local, state and federal law violations. Any
change in residence location shall be reported to the chief of police within 30 days.
5. Medical Marijuana Caregiver Home Cultivation. In the event that a designated
caregiver whose residence is in the city limits is cultivating marijuana for the
qualifying patient or patients in his or her care, and whose qualifying patient or
5
patients in his or her care live 25 miles or farther from a dispensary, said designated
caregiver may cultivate no more than 12 marijuana plants per patient at the place
of primary residency of the designated caregiver (including a manufactured home
or a recreational vehicle), with homeowner's permission, without need to apply for
a CUP. However, said designated caregiver shall apply the same types of
precautions as above for security, use, documentation and must advise the chief of
police of his or her intent to cultivate marijuana at home for the benefit of his or
her qualifying patient or patients. At such time as a dispensary is located within 25
miles from the designated caregiver's home, all cultivation of marijuana plants in
the home must cease or shall be considered a zoning violation, among other
possible local, state and federal law violations. Any change in residence location
shall be reported to the chief of police within 30 days
6. Recreational Marijuana Home Cultivation.
a. It shall be unlawful for any individual who is at least twenty-one (21) years of
age to possess, transport, cultivate or process more than six (6) marijuana
plants.
b. It shall be unlawful for two or more individuals who are at least twenty-one (21)
years of age to possess, transport, cultivate or process more than twelve (12)
marijuana plants at the individuals’ primary residence.
c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful
for an individual to otherwise cultivate marijuana in a residential zoning district
within Apache Junction.
d. Individuals shall not process or manufacture marijuana by means of any liquid or
gas other than alcohol, that has a flashpoint below one hundred (100) degrees
Fahrenheit.
e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended
use and shall not be used primarily for residential marijuana processing,
manufacturing, or cultivation.
f. A residence shall not emit dust, fumes, vapors, or odors into the environment
and individuals shall ensure that ventilation, air filtration, building and design
standards are compatible with adjacent uses and the requirement of adopted
building codes of Apache Junction.
g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area
on the grounds of the residence equipped with a lock or other security device
that prevents access by minors.
h. Cultivation shall take place in an area where the marijuana plants are not visible
from public view without using binoculars, aircraft, or other optical aids.
6
i. Cultivation as part of a home based occupation is not allowed.
March 17, 2021
The Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, shall
be amended as follows:
Section 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, shall be
amended with the addition of “Recreational Marijuana Establishments” under use category “Retail
Trade”:
Use Category Specific Use Type1 B-1
Gen.
B-2
Old
West
B-3
City
Cen.
B-44
Bus
Park
B-54
Ind.
PI
Pub/Inst.
Retail Trade
(NAICS Code
44-45)
Medical Marijuana
Facilities
CUP CUP CUP CUP CUP NO
Recreational
Marijuana
Establishments
CUP CUP CUP CUP NO NO
Swap Meets and
Farmers Markets
CUP CUP CUP CUP NO CUP
ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following:
Recreational Marijuana Uses:
a. Chemical Extraction. The process of removing a particular component of a mixture from others
present, including removing resinous tetrahydrocannabinol from marijuana.
b. Chemical Synthesis. Production of a new particular molecule by adding to, subtracting from, or
changing the structure of a precursor molecule.
c. City. The City of Apache Junction.
d. Consume, Consuming, and Consumption. The act of ingesting, inhaling or otherwise introducing
marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an
electronic device that can be used to deliver marijuana or marijuana products to a person,
including, but not limited to, an electronic or vaping cigarette, equipment, or pipe.
e. Consumer. An individual who is at least twenty-one years of age and who purchases marijuana
or marijuana products.
f. Cultivate and Cultivation. To propagate, breed, grow, prepare and package marijuana.
g. Deliver and Delivery. The transportation, transfer or provision of marijuana or marijuana
products to a consumer at a location other than the designated retail location of a marijuana
establishment.
h. Department. The State of Arizona Department of Health Services or its successor agency.
i. Dual Licensee. An entity that holds both a nonprofit medical marijuana dispensary registration
and a marijuana establishment license.
j. Enclosed Area. A building, greenhouse, or other structure that has:
i. A complete roof enclosure supported by connecting walls that are constructed of solid
material extending from the ground to the roof;
ii. Is secure against unauthorized entry;
iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and
iv. Meets performance standards ensuring that cultivation and processing activities cannot
be and are not perceptible from the structure in terms of not being visible from public
view without using binoculars, aircraft or other optical aids and is equipped with a lock
or other security device that prevents access by minors
k. Extraction. The process of extracting or separating resin from marijuana to produce or process
any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or
chemical processes.
l. Manufacture and Manufacturing. To compound, blend, extract, infuse or otherwise make or
prepare a marijuana product.
m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the
seeds from the plant, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and
includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber
produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of
the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any
other ingredient combined with marijuana to prepare topical or oral administrations, food, drink
or other products.
n. Marijuana Concentrate:
i. Resin extracted from any part of a plant of the genus cannabis and every compound,
manufacture, salt, derivative, mixture or preparation of that resin or
tetrahydrocannabinol.
ii. Does not include industrial hemp or the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink or other products.
o. Marijuana Establishment. An entity licensed by the Department to operate a single retail
location at which the licensee may sell marijuana and marijuana products to consumers,
cultivate marijuana and manufacture marijuana products.
p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and
other ingredients and that are intended for use or consumption, including edible products,
ointments, and tinctures.
q. Marijuana Testing Facility. The Department or another entity that is licensed by the Department
to analyze the potency of marijuana and test marijuana for harmful contaminants.
r. Nonprofit Medical Marijuana Dispensary. A nonprofit entity as defined in A.R.S. § 36-2801(12).
s. Open Space. A public park, public sidewalk, public walkway or public pedestrian thoroughfare.
t. Person. An individual, partnership, corporation, association, or any other entity of whatever
kind or nature.
u. Process and Processing. To harvest, dry, cure, trim or separate parts of the marijuana plant.
v. Public Place. The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01.
w. Smoke. To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana
products, whether natural or synthetic
Recreational Marijuana:
Proposed Changes to Zoning Ordinance,
Section 1-6-12 Medical Marijuana
City of Apache Junction
City Council Work Session
May 17, 2021
Background
•December 1, 2020: Staff was directed to amend the current medical
marijuana regulations to include recreational marijuana regulations.
•February 23, 2021: Staff held a work session with the planning and
zoning commission to review the two draft text changes. Staff was
given direction to focus on Version 2, which allowed Recreational
Marijuana in the B-1, B-2, B-3 and B-4 zoning districts and treats it the
same way as Medical Marijuana.
Background
•March 23, 2021: Planning and zoning commission recommended
approval of version 2 to city council.
•April 5, 2021: Staff held a work session with city council to review PZ
recommended changes.
Background
•April 6, 2021:
•A public hearing was held, but no action was taken on the draft
text amendments.
•Council wanted more information about what other municipalities
were doing to regulate recreational marijuana.
Text Amendments: Version 1
1.Allow dual licensee facilities through CUP process
2.Regulate recreational marijuana establishments the
same as medical marijuana dispensaries.
1.Testing facilities prohibited
Text Amendments: Version 2
1.Allow recreational marijuana establishments through CUP
process in the B-1, B-2, B-3 and B-4 zoning districts
2.Allow standalone recreational marijuana establishments
3.Distance requirements the same as current medical
marijuana dispensaries
4.Testing facilities prohibited
Keep Current Medical Marijuana
Regulations “As-Is”
1.No text specifically regarding recreational marijuana in the zoning
ordinance
2.Allows for interpretation of the code:
•Agree with staff that no language in the code = not allowed in city
•Seek an appeal/interpretation from the Board of Adjustment
•Board of Adjustment may agree with staff or may determine that they are
allowed in any commercial zone
3.May allow dual licensee to go fully recreational without a CUP
Questions/Text Amendment Review
City Council Motion 12/01/2020
1.Councilmember Rizzi moved, seconded by Mayor Serdy to direct staff to allow existing dispensaries to become dual licensees: require CUP amendment process, operate under the same rules as existing dispensaries, allow recreational marijuana sales too, but no cultivation or processing, allow medical marijuana to convert to recreational marijuana through CUP amendment, the code to still allow for medical marijuana cultivation and infusion kitchens.
2.Councilmember Evans motioned to add on to Councilmember Rizzi's motion that marijuana be treated like retail and liquor stores in the B-1, B-2 and B-3 zones.
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 21-249
Agenda Item No.
Agenda Date: 5/17/2021 Sponsor: Thomas Kelly
In Control: City Council Work SessionIndex:
Presentation and discussion on cooperative purchasing agreement between City of Apache
Junction and CoreCivic, Inc for jail service.
Page 1 City of Apache Junction, Arizona Printed on 5/12/2021
COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF
APACHE JUNCTION AND CORECIVIC, INC. FOR JAIL SERVICE
THIS COOPERATIVE PURCHASING AGREEMENT (“Agreement”) is made
and entered into this ____ day of __________, 2021, by and between the CITY OF
APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (“City”) and
CORECIVIC, INC., a Maryland (“Contractor”)
RECITALS
A. The City of Mesa, after a competitive procurement process for
Private Jailing Services pursuant to Solicitation Number 2012194 ("Mesa
Contract”) entered into a contract with Contractor on June 1, 2017 and three
subsequent amendments effective on June 1, 2020, April 1, 2021 and June 1,
2021, respectively. A copy of the 2017 Mesa Contract and the three amendments
are attached hereto as Exhibit A and incorporated herein by reference.
B. The City is permitted, pursuant to Chapter 3, Article 3-7 of the
Apache Junction City Code, Vol. I, to acquire such services under the Mesa
Contract as a cooperative use Strategic Alliance for Volume Expenditures
("SAVE") cooperative contract.
C. The City and the Contractor desire to enter into this Agreement for
the purpose of: (i) acknowledging a cooperative contractual relationship under
the Mesa Contract; (ii) establishing the scope of work (“Work”) to be provided by
Contractor as more particularly set forth in Section 2 below; and (iii) setting the
pricing pursuant to this Agreement related to the Work.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing Recitals, which are
incorporated herein by reference, the following mutual covenants and conditions,
and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledge, the City and the Contractor hereby agree as follows:
1.Term of Agreement: This Agreement shall be effective as of the date first
set forth above and shall remain in full force until May 31, 2022 (the “Term”),
unless terminated or extended pursuant to the terms and conditions of this
Agreement or the Mesa Contract.
2.Scope of Work: Contractor agrees to perform the Work specifically set
forth in Exhibit A to the Mesa Contract as modified by Exhibit B hereto, which is
incorporated herein by reference.
3.Compensation: In accordance with the terms and conditions of this
2
Agreement, the City shall compensate the Contractor for its professional services
as set forth in Exhibit B to the Mesa Contract as amended.
4.Contractor’s Billing: Payment shall be made by the City to the Contractor
on the basis of invoices submitted which must include a detailed itemization of all
work, copies billings as requested and is subject to review and certification of the
City’s authorized representative prior to payment.
5.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, or by overnight courier, addressed to the following personnel:
If to City: City of Apache Junction
Attn: City Manager
300 East Superstition Blvd.
Apache Junction, AZ 85119
And to: City of Apache Junction
Attn: City Attorney
300 East Superstition Blvd.
Apache Junction, AZ 85119
If to Contractor: CoreCivic, Inc.
Attn: Cole Carter, General Counsel
5501 Virginia Way
Brentwood, TN 37027
6.Termination:
6.1 Termination for Cause. In the event either party: (i) fails to fulfill in a
timely and proper manner its obligations under this Agreement; or (ii) is
otherwise guilty of substantial breach of a provision of the Agreement , the other
party may, at its option, provide written notice to the breaching party of the
breach. The breaching party will have thirty (30) calendar days from receipt of
the notice to cure the breach. The thirty (30) calendar day cure period may be
extended by mutual agreement of the parties.
If the breach is not cured with in the thirty (30) calendar days, the non-
breaching party may, without prejudice to any other rights or remedies, terminate
this Agreement immediately or on such date as specified by the terminating party.
When the City terminates the Agreement for one of the reasons stated
above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by Contractor and
the City may withhold any payments to the Contractor for the purpose of set-off
3
until such time as the exact amount of damages due the City from the Contractor
is determined.
Upon the receipt of a notice of termination from the City, Contractor shall:
(i) promptly discontinue all services affected (unless the notice directs
otherwise); and (ii) deliver or othewise make available to the City copies of data,
design calculations, drawings, specifications, reports, estimates, summaries and
such other information and materials as may have been accumulated by
Contractor in the performance of this Agreement.
6.2 Termination by the City for Convenience. The City may terminate this
Agreement without cause by giving Contractor sixty (60) calendar days written
notice. Such termination shall not prejudice any other right or remedy the City
may have under this Agreement. If this Agreement is terminated without cause,
Contractor shall be paid for work performed to the date of termination.
7.Indemnification: To the fullest extent permitted by law, Contractor, its
successors, assigns and guarantors, shall defend, indemnify and hold harmless
the City and its elected and appointed officials, officers, directors,
commissioners, board members, agents or employees from and against any and
all allegations, demands, claims, proceedings, suits, actions, damages,
including, without limitation, property damage, environmental damages, personal
injury and wrongful death claims, losses, expenses, penalties and fines
(including, but not limited to, attorney fees, court costs, and the cost of appellate
proceedings), judgments or obligations, which may be imposed upon or incurred
by or asserted against the City arising from or out of, or resulting from any
negligent or intentional actions, acts, errors, mistakes or omissions caused in
whole or part by Contractor, or any of its subcontractors, or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be
liable, relating to the discharge of any duties or the exercise of any rights or
privileges arising from or incidental to this Ag reement, including but not limited
to , any injury or damages claimed by any of Contractor’s and subcontractor’s
employees. This section shall survive the expiration or early termination of the
Agreement.
8.Arbitration: The Parties hereby agree to make a good faith effort to
resolve any controversy or claim through informal negotiations. Any claim of
controversy must first be presented in writing, with supporting documentation, to
the agent of the other party. The recipient shall have seven (7) calendar days to
prepare and deliver a response. Thereafter, in the event that there is a dispute
hereunder which the Parties cannot resolve between themselves, the Parties
agree to attempt to settle the dispute by nonbinding arbitration before
commencement of litigation. The arbitration shall be held under the rules of the
American Arbitration Association. The matter in dispute shall be submitted to an
4
arbitrator mutually selected by Contractor and the City. In the event that the
Parties cannot agree upon the selection of an arbitrator within seven (7) calendar
days, then within three (3) calendar days thereafter, the City and Contractor shall
request the presiding judge of the Superior Court in and for the County of Pinal,
State of Arizona, to appoint an independent arbitrator. The cost of any such
arbitration shall be divided equally between the City and Contractor. The results
of the arbitration shall be nonbinding on the Parties, and any Party shall be free
to initiate litigation subsequent to the final decision of the arbitrator.
9.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 litigati on and appeal
expenses, collection expenses, reasonable attorneys’ fees, necessary witness
fees and court costs to be determined by the court in such action.
10.Israel Boycott: Contractor warrants that it does not participate in, and
agrees not to participate in during the term of this Agreement a boycott of Israel
in accordance with A.R.S. § 35-393.01
11.Conflicting Terms: In the event of any inconsistency, conflict or
ambiguity between the terms of this Agreement and the Mesa Contract, the terms
of this Agreement shall govern. Notwithstanding the foregoing, unauthorized
exceptions, conditions limitations or provisions in conflict with the terms of this
Agreement or the Mesa Contract (collectively, “Unauthorized Conditions”), other
than the City’s specific requirements, are expressly declared void and shall be of
no force and effect. Acceptance by the City of any work order or invoice
containing any such Unauthorized Conditions or failure to demand full
compliance with the terms and conditions set forth in this Agreement or under the
Mesa Contract shall not alter or relieve Contractor from, nor be construed or
deemed a waiver of, its requirements and obligations in the performance of this
Agreement.
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.
CONTRACTOR:
5
CoreCivic, Inc., a Maryland corporation
By:
Title:
CITY:
City of Apache Junction, an Arizona
municipal corporation
By: Walter “Chip” Wilson
Title: Mayor
ATTEST:
Jennifer Pena
City Clerk
APPROVED AS TO FORM:
Richard J. Stern
City Attorney
Natasha K. Metcalf
Vice President, Partnership Contracts Counsel
EXHIBIT A
MESA CONTRACT
The Mesa Contract sets forth the applicable Scope of Work, except as modified
in Exhibit B, and payment terms.
~
mesa·az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA CONTRACT NUMBER 2012194
PRIVATE JAILING SERVICES
CITY.()FMESA,Ariz:o11a.J''C:i!}t"L _. _
Deea.rtm.e.ntNa.rn.!l . _ L Cityof 1V1esa::-f'urchasing Division
r.Jlailing,A,~~re~s ' P.O. Box 1466
Delivery Address
Attention
E-Mail
Telephone _
Fax
: Mesa, AZ 85211-1466
! 20 East Main St, Suite 400
, Mesa, AZ 85201
: sharori i3rallse, senior ProC::Llremen!officer
i sharon.Bralise@MesaAZ.gov
i (480) 644:2815
_;(480)644:2655 .. -
AND
CoreCivic, Inc. ("Contractor") ........... _______ .. .
Mailing Address ]10 Burtcin_l::@s Blvd.
....................... ___ ll\l~~h\/illei,IN 37?1~ .. -
Delivery Addre.s.s I ~~°r~~~~~~[i13~ .. . ............ ... _ _
Attention_ _ --·--f\laJ~~-h.?_15,_r./l!ltcaltYf',f>.artn.Elrsl1iP.DevelofJment.
E-Mail Natasha.Metcalf@corecivic.com
Ielephone _6J5:?_63~3_QOO _ ___ _ _____ _
Fax _ __ _ __ . -~1_5-26:l_:3Q99_ _ _ _ _ __
Local Contact
E-Mail
Telephone
Fax
{00237977' 1}
_ 1vvarden KrisJ<lirie_
!
Page 1of26
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to solicitation ("Agreement") is entered into this 22nd day of May, 2017, by
and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and CoreCivic, Inc. a
Maryland corporation ("Contractor"). The City and Contractor are each a "Party" to the Agreement or
together are "Parties" to the Agreement.
RECITALS
A. The City issued solicitation number 2012194 ("Solicitation") for Private Jailing Services, to which
Contractor provided a response ("Response"); and
B. The City selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on June 1, 2017 and ending on May 31, 2020. The
use of the word "Term" in the Agreement includes the aforementioned period as well as any
applicable extensions or renewals in accordance with this Section 1.
1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed one
(1) two (2) year period. Any subsequent renewal(s) will be a continuation of the same
terms and conditions as in effect immediately prior to the expiration of the then-current
term.
1.2 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City's sole discretion this
Agreement may be extended on a month-to-month basis. The City will notify the Contractor
in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
1.3 This Agreement may be terminated by either party for any reason or no reason, with sixty
(60) days written notice from the terminating party mailed to the other party.
2. Scope of Work. The Contractor will provide the necessary staff, services and associated
resources to provide the City with the services, materials, and obligations attached to this
Agreement as Exhibit A ("Scope of Work"). Contractor will be responsible for all costs and
expenses incurred by Contractor that are incident to the performance of the Scope of Work unless
otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary
to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor's personnel
with adequate workspace and such other related facilities as may be required by Contractor to
carry out the Scope of Work.
3. Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the
documents will control in the following order.
{00237977.1)
(a) Agreement
(b) Exhibits
Page 2 of 26
1. Mesa Standard Terms & Conditions
2. Scope of Work
3. Other Exhibits not listed above
(c) Solicitation including any addenda
( d) Contractor Response
4. Payment.
5.1 General. Subject to the provisions of the Agreemen~ the City will pay Contractor the
sum(s) described in Exhibit B ("Pricing") in consideration of Contractor's performance of
the Scope of Work during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement, and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
During the 60-day period prior to the third annual anniversary date of the Agreement and
each annual anniversary date thereafter, the Contractor may submit a written request to
the City to allow an increase to the prices in an amount not to exceed the twelve month
change in the Consumer Price Index for All Urban Consumers (CPl-U), US City
Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor,
Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the
request for adjustment and respond in writing; such response and approval shall not be
unreasonably withheld.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term except where otherwise provided in this Agreement. If the
Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts
other than infiation that represent actual costs to the Contractor based on the mutual
agreement of the parties. The Contractor may submit a request for a price adjustment
along with appropriate supporting documentation demonstrating the cost to the Contractor.
Renewal prices shall be firm for the term of the renewal period and may be adjusted
thereafter as outlined in the previous section. There is no guarantee the City will accept a
price adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the City
Department/Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
{00237977.1}
(a) Contractor name, address, and contact information;
(b) City billing information;
Page 3 of 26
(c) City contract number as listed on the first page of the Agreement;
(d) Invoice number and date;
(e) Payment terms;
(f) Date of service;
(g) Description of services provided;
(h) Taxes, if applicable
(i) Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Cardle-Payables to make payment for orders under the
Agreement. Otherwise; payment will be through a traditional method of a check or
Electronic Funds Transfer (EFT) as available.
5. 7 Disallowed Costs. Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge
for materials/service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
5. Insurance.
6.1 Contractor shall procure and maintain in full force and effect until all of its obligations have
been discharged, including any warranty periods under this Agreement, the types of
insurance and applicable policy limits set forth herein in connection with the performance
of the. work hereunder by the Contractor, its agents, representatives, employees or
subcontractors.
6.2 The insurance requirements herein are minimum requirements for this Agreement and in
no way limit the indemnity covenants contained in this Agreement. The City of Mesa does
not warrant that the minimum limits contained herein are sufficient to protect the Contractor
from liabilities that arise out of the performance of the work under this Agreement by the
Contractor, its agents, representatives, employees or subcontractors, and the Contractor
is free to purchase additional insurance.
6.3 Each insurance policy required under the Agreement must be in effect at or prior to the
Effective Date of the Agreement and remain in effect for the term of the Agreement,
including any renewal or extension periods.
6.4 Minimum Scope and Limits of Insurance. Contractor shall procure and maintain the
coverages described below with limits of liability of not less than those stated below.
{00237977.1}
6.4.1 Commercial General Liability -Occurrence Form. Policy shall include bodily
injury, property damage, personal and advertising injury and broad form
contractual liability. Limits are to be unimpaired.
6.4.1.1 General Aggregate $20,000,000
6.4.1.2 Bodily Injury and Property Damage $20,000,000
6.4.1.3 Personal and Advertising Injury $20,000,000
6.4.1.4 Each Occurrence $20,000,000
6.4.1.5 Damage to Rented Premises $ 1,000,000
Page 4 of 26
{00237977.1}
6.4.1.6 The policy shall be endorsed (Blanket Endorsements are not
acceptable) to include "the City of Mesa, and its officials, officers,
agents and employees" as additional insureds with respect to liability
arising out of the activities performed by or on behalf of the Contractor.
Such additional insured shall be covered to the full limits of liability
purchased by the Contractor, even if those limits of liability are in
excess of those required by this Contract.
6.4.1.7 The insurance policy shall contain a waiver of subrogation
endorsement (Blanket Endorsements are not acceptable) in favor of
"City of Mesa, and its officials, officers, agents, and employees"
for liability or losses arising out of the activities performed by or on
behalf of the Contractor.
6.4.2 Business Automobile Liability -Bodily Injury and Property Damage for any
owned, hired, and/or non-owned vehicles used in the performance of this
Agreement.
6.4.2.1 Combined Single Limit (CSL) $ 5,000,000
6.4.2.2 Insurance Service Office, Inc. declarations to include Symbol One (Any
Auto) applicable to claims arising from bodily injury, death or property
damage arising out of the ownership, maintenance or use of any auto.
6.4.2.3 Hazardous Material Transport -If the Agreement includes hazardous
material transportation, the automobile liability policy shall include the
following endorsements; CA 99 48 Pollution Liability-broadened
coverage for covered auto and the MCS-90 (Motor Carrier Act). The
policy shall provide Automobile Pollution Liability specific to the
transportation of hazardous materials from the project site to the final
disposal location, if included in the Agreement.
6.4.2.4 The policy shall be endorsed (Blanket Endorsements are not
acceptable) to include the following additional insured language: "The
City of Mesa, and its officials, officers, agents, and employees
shall be named as additional insureds with respect to liability
arising out of the activities performed by or on behalf of the
Contractor, involving automobiles, owned, leased, hired or
borrowed by the Contractor."
6.4.2.5 The policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "City of Mesa, and
its officials, officers, agents, and employees" for losses arising out
of activities performed by or on behalf of the Contractor.
6.4.3 Worker's Compensation and Employers' Liability
6.4.3.1 Worker's Compensation Statutory
6.4.3.2 Employers' Liability
6.4.3.3 Each Accident
6.4.3.4 Disease -Each Employee
6.4.3.5 Disease -Policy Limit
Page 5 of 26
$ 1,000,000
$ 1,000,000
$ 1,000,000
{00237977.1)
6.4.3.6 The policy shall contain a waiver of subrogation endorsement (Blanket
Endorsements are not acceptable) in favor of the "City of Mesa, and
its officials, officers, agents, and employees" for losses arising out
of activities performed by or on behalf of the Contractor.
6.4.3.7 This requirement shall not apply to: Separately, EACH contractor or
subcontractor exempt under A.R.S. § 23-901, AND when such
contractor or subcontractor executes the appropriate waiver (Sole
Proprietor/Independent Contractor) form.
6.4.4 Professional Liability (Errors and Omissions Liability) -Limits are to be
unimpaired. Retroactive Liability Date (if applicable to Claims-Made coverage)
the same as the effective date of this contract or proceeds.
6.4.4.1 Each Claim
6.4.4.2 Annual Aggregate
$ 5,000,000
$10,000,000
6.4.4.3 Within this requirement, medical services shall be insured with sub-
limits as follow:
6.4.4.3.1 Hospital Professional Liability (Administration and
Management) $2,000,000 Each Claim, $4,000,000
Aggregate.
6.4.4.3.2 Medical Malpractice Liability (Individual Medical .
Practitioners) (Employees of primary contractor, and/or
subcontractors and/or sole proprietors) $1,000,000 Each
Claim, $3,000,000 Aggregate.
6.4.4.4 In the event that the professional liability insurance required by this
contract is written on a claims-made basis, Contractor warrants that
any retroactive date under the policy shall precede the effective date of
this Contract and that either continuous coverage will be maintained, or
an extended discovery period will be exercised for a period of three (3)
years beginning at the time work under this Agreement is completed.
6.4.4.5 The policy shall cover professional misconduct or negligent acts for
those positions defined in the Scope of Work of this contract.
6.4.4.6 The policy shall cover professional liability arising out of the rendering
or failure to render medical services for all persons, positions and
operations as described in the Scope of Services.
6.4.5 Network Security (Cyber) and Privacy Liability
6.4.5.1 Each Claim
6.4.5.2 Annual Aggregate
$ 2,000,000
$ 2,000,000
6.4.5.3 Such insurance shall include, but not be limited to, coverage for third
party claims and losses with respect to network risks (such as data
breaches, unauthorized access or use, ID theft, theft of data) and
invasion of privacy regardless of the type of media involved in the loss
of private information, crisis management and identity theft response
costs. This should also include breach notification costs, credit
Page 6 of 26
(00237977.1}
remediation and credit monitoring, defense and claims expenses,
regulatory defense costs plus fines and penalties, cyber extortion,
computer program and electronic data restoration expenses coverage
(data asset protection}, network business interruption, computer fraud
coverage, and funds transfer loss.
6.4.5.4 In the event that the Network Security and Privacy Liability insurance
required by this Contract is written on a claims-made basis, Contractor
warrants that any retroactive date under the policy shall precede the
effective date of this Contract and, either continuous coverage will be
maintained, or an extended discovery period will be exercised for a
period of two (2) years beginning at the time work under this Contract
is completed.
6.4.6 Pollution Legal Liability
6.4.6.1 Each Occurrence
6.4.6.2 Annual Aggregate
$ 2,000,000
$ 4,000,000
6.4.6.3 Coverage must be identified as specific to the operations and specific
site(s) described in the Scope of Work in this Agreement.
6.4.6.4 Coverage must include cleanup and 3'' party bodily injury/property
damage off-site as well as on-site.
6.4.6.5 Coverage must include cleanup of asbestos and lead-based paint in
soil and groundwater, as well as coverage for 3rf party bodily injury and
property damage.
6.4.6.6 Coverage must include mold and legionella within the definition of a
pollution condition.
6.4.6. 7 Pollution coverage must apply to all locations utilized for the
acceptance, storage, or disposal of any hazardous materials.
6.4.6.8 The policy shall include coverage for bodily injury, sickness, disease,
mental anguish, or shock sustained by any person, including death and
medical monitoring costs.
6.4.6.9 The policy shall include coverage for property damage including
physical damage to, or destruction of, tangible property and the
resulting loss of use thereof, clean-up costs and the loss of use of
tangible property that has not been physically damaged or destroyed.
6.4.6.10 For losses that arise from the facility, coverage shall apply to
sudden and non-sudden pollution conditions including the discharge,
dispersal, release or escape of smoke, vapors, soot, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials or other
irritants, contaminant or pollutants into or upon land, the atmosphere or
any watercourse or body of water, which results in cleanup costs, bodily
injury or property damage.
Page 7 of 26
{00237977.1}
6.4.6.11 The policy shall include coverage for defense, including costs,
charges and expenses incurred in the investigation, adjustment or
defense of claims for such compensatory damages.
6.4.6.12 If underground or above ground storage tanks are used on the
property then the following language should be included in the
insurance requirements.
6.4.6.13 Underground Storage Tanks will need to be scheduled on the
policy; Aboveground Storage Tanks shall not be excluded.
6.4.6.14 If the Lessee transports goods or materials to or from the City
property, then the following language should be included in the
insurance requirements.
6.4.6.15 Coverage should also include cleanup and 3'' party bodily
injury/property damage resulting from transportation of cargo (including
loading & unloading) if the lessee transports goods or materials to or
from City property.
6.4. 7 Contractors Pollution Liability
6.4. 7.1 For losses caused by pollution conditions that arise from the operations
of the Contractor as described in the Scope of Services section in this
Agreement. The policy shall also include the following coverages:
bodily injury, sickness, disease, mental anguish, or shock sustained by
any person, including death and medical monitoring costs. Property
damage, including physical injury to or destruction of tangible property,
including the resulting loss of use thereof, clean-up costs, and the loss
of use of tangible property that has not been physically injured or
destroyed and diminution in value.
6.4.7.2 Per Occurrence
6.4.7.3 General Aggregate
$ 2,000,000
$ 4,000,000
6.4.7.4 Coverage must be identified specific to the operations as described in
the Scope of Work in this Agreement.
6.4.7.5 Must include coverage for pollution losses arising out of completed
operations.
6.4.7.6 The policy is to be written on an "occurrence" basis with no sunset
clause. In the event that the Pollution Liability insurance required by
this Agreement is written on a claims-made basis, Contractor warrants
that any retroactive date under the policy shall precede the effective
date of this Agreement. That either continuous coverage will be
maintained, or an extended discovery period will be exercised, for a
period of ten (10) years beginning at the time this Agreement is
terminated.
6.4.7.7 Pollution coverage must apply to all phases of the work described in
the Scope of Work in this Agreement.
Pages of 26
6.4.7.8 The policy shall include coverage for bodily injury, sickness, disease,
mental anguish, or shock sustained by any person, including death and
medical monitoring costs.
6.4.7.9 The policy shall include coverage for property damage, and physical
damage to, or destruction of, tangible property including the resulting
loss of use thereof, clean-up costs, and the loss of use of tangible
property that has not been physically damaged or destroyed including
diminution in value.
6.4.7.10 The policy shall include coverage for environmental damage
including physical damage to soil, surface water, ground water, plant,
or animal life, caused by pollution conditions and giving rise to cleanup
costs.
6.4.7.11 The policy shall include defense including costs, charges and
expenses incurred in the investigation, adjustment or defense of claims
for such compensatory damages.
6.4.7.12 The policy shall include coverage for asbestos and lead, mold,
with no exclusions.
6.4.7.13 The policy shall include Non-Owned Disposal Site coverage.
6.4.7.14 The policy shall be endorsed (Blanket Endorsements are not
acceptable) to include the "City of Mesa, and its officers, officials,
agents, and employees" as additional insureds with respect to liability
arising out of the activities performed by or on behalf of the Contractor.
6.4.7.15 The policy shall contain a waiver of subrogation endorsement
(Blanket Endorsements are not acceptable) in favor of the "City of
Mesa, and its officers, officials, agents, and employees" for losses
arising from work performed by the Contractor.
The following is only applicable to Contractor's treating, storing
or disposing of City generated hazardous waste at a separate
facility.
6.4. 7.16 Treatment, Storage or Disposal of Hazardous Wastes: Contractor
shall furnish an insurance certificate from the designated disposal
facility establishing that the facility operator maintains current Pollution
Legal Liability Insurance in the amount of not less than $10,000,000
per occurrence/annual aggregate, and will cover sudden and gradual
pollution losses arising from the facility, associated with the work
performed under this Agreement.
6.4.7.17 For pollution losses arising from the insured facility, coverage shall
apply to sudden and gradual pollution conditions including the
discharge, dispersal, release or escape of smoke, vapors, soot, fumes,
acids, alkalis, toxic chemicals, liquids or gases, waste materials or other
irritants, contaminants or pollutants into or upon land, the atmosphere
or any watercourse or body of water, which results in Bodily Injury or
Property Damage.
6.4.8 ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be
endorsed to include, as required by this Agreement, the following provisions:
{00237977 .1} Page 9 of 26
6.4.8.1 The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried
by the City of Mesa., and its agents, officials, employees shall be
excess and not contributory insurance.
6.4.8.2 Insurance provided by the Contractor shall not limit the Contractor's
liability assumed under the indemnification provisions of this
Agreement.
6.4.9 NOTICE OF CANCELLATION: For each insurance policy required by the
insurance provisions of this Agreement, the Contractor must provide to the City
of Mesa, within two (2) business days of receipt, a notice if a policy is suspended,
voided, or cancelled for any reason. Such notice shall be mailed to: City of
Mesa, Purchasing Division, P.O. Box 1466, Mesa, AZ. 85211-1466, Attn: Sharon
Brause -Senior Procurement Officer.
6.4.10 ACCEPTABILITY OF INSURERS: Contractor's insurance shall be placed with
companies licensed in the State of Arizona or hold approved non-admitted status
on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.
Insurers shall have an "AM.Best" rating of not less than A-VII. The City of Mesa
in no way warrants that the above-required minimum insurer rating is sufficient
to protect the Contractor from potential insurer insolvency.
6.4.11 VERIFICATION OF COVERAGE: The successful contractor will be required to
provide the following Certificate of Insurance within five (5) days after receipt of
written notice of intent to award this contract. Contractor shall furnish the City of
Mesa with certificates of insurance (valid ACORD form or equivalent approved
by the City of Mesa as required by this Agreement.
6.4.11.1 Each insurance policy required by this Agreement must be in
effect at, or prior to, commencement of work under this Agreement
Failure to maintain the insurance policies as required by this
Agreement, or to provide evidence of renewal, is a material breach of
this Agreement.
6.4.11.2 The City reserves the right to require Contractor to provide
complete copies of all insurance policies required by this Agreement at
any time.
6. Indemnification.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
{00237977.1} Page 10 of 26
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
7. Requirements Contract Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit C.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
(a) Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
(b) Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
(c) Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
(d) Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a "party" or "parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the "term" in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2) or more counterparts, each of which will be deemed an original and all of which, taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
{00237977.1) Page 11of26
• (A) Scope of Work
• (B) Pricing
• (C) Mesa Standard Terms and Conditions
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
(00237977.1} Page 12 of 26
By executing below, each Party acknowledges that it understands, approves, and accepts all of the terms
of the Agreement and the attached exhibits. '
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Title
REVIEWED BY:
By: S'Brause
APPROVED AS TO FORM: By:
{00237977 .1} Page 13 of 26
CORECIVIC, INC .
..Al ,_,I.--/ .J/Yli~ ,J i
By: -iiJjjthf.cJ! \, rf 'J!X:U<.//
Natasha K. Metcalf
Printed Name
Vice President, Partnership Development
Title
EXHIBIT A
SCOPE OF WORK
The Contractor has agreed to contract for the confinement of the City Inmates at its Florence Correctional
Center located at 1100 Bowling Rd, Florence, Arizona (hereinafter referred to as the "Facility") or any other
mutually agreed upon location.
1. DESCRIPTION OF ON-SITE SERVICES. It shall be the responsibility of the Contractor to confine
and supervise adult males and females charged or convicted of a misdemeanor offense committed
to or in the custody of the CITY. Contractor shall provide to such Inmates care and treatment,
including the furnishing of subsistence and all necessary medical care; to provide for their physical
needs; to retain them in safe, supervised custody; to maintain proper discipline and control; to make
certain that sentences and orders of the presiding courts are effectively managed and executed;
and otherwise to comply with applicable law. Inmates shall not be allowed to smoke at this Facility.
2. ACCREDITATION. Contractor agrees to maintain American Correctional Association (ACA) and
National Commission on Correctional Health Care (NCCHC) accreditation.
3. RECORDS. The Contractor shall make available CITY Inmate records for the City to inspect,
including medical records, to the CITY via a computer terminal containing same at the CITY Police
Department.
4. RIGHT OF INSPECTION. The CITY shall have the right to inspect, at any reasonable time, the
Facility.
5. ACCESS TO COURTS. Contractor shall ensure that Inmates have meaningful access to the
courts, consistent with applicable law and American Correctional Association (ACA) Standards.
6. RETAKING OF INMATES. Upon demand, the Contractor will surrender any City lnmate(s) to the
designated official(s) of the City.
7. POLICIES. City Inmates housed at the Facility shall be subject to the policies and procedures and
the rules and regulations of the Contractor.
8. APPROPRIATIONS. The terms of this Agreement are contingent upon sufficient appropriations
and authorization being made by the CITY for the performance of this Agreement. If sufficient
appropriations and authorization are not made by the CITY, this Agreement shall terminate upon
sixty (60) days written notice provided by the CITY to the Contractor. The CITY's decision as to
whether sufficient appropriations are available shall be accepted by the Contractor and shall be
final.
9. EMERGENCY PLAN. The Contractor shall develop and implement a written procedure outlining
the coordination of law enforcement activities in the case of riot, rebellion, escape, or other
situations requiring assistance from City, county or state law enforcement agencies. The plan shall
include procedures to notify City as soon as practicable of any emergency incidents or situations
requiring assistance from a law enforcement agency involving City inmates. City shall provide
Contractor with a contact list, including phone numbers and email addresses, to be used for such
notifications.
10. INDEPENDENT CONTRACTOR STATUS. The Contractor shall perform its duties hereunder as
a contractor and not as an employee of City. Neither the Contractor nor any agent or employee of
the Contractor shall be or shall be deemed an agent or employee of the CITY.
Contractor shall have no authorization, express or implied, to bind the CITY to any agreements,
liability or understanding except as expressly set forth herein.
11. INMATE INFORMATION. Prior to delivery of Inmates to the Facility, separate information packets
for each individual inmate shall be provided electronically to Contractor by the CITY.
{00237977 .1} Page 14 of 26
EXHIBIT A
SCOPE OF WORK
12. BOOKING AND INITIAL TRANSPORT OF INMATES TO FACILITY. Prior to the Contractor
assuming custody of and transporting an Inmate to Facility, the CITY will book each Inmate into
the automated Fingerprint Identification System (AFIS) and other national criminal databases as
appropriate. Contractor is responsible transporting the Inmates from the Mesa Police Department
to the Facility alter the inmate has had his/her first appearance before the local judge.
13. TRANSFER OF INMATE FUNDS/PERSONAL PROPERTY. Personal funds due to the transferred
Inmates shall be provided by the CITY upon transfer of the Inmate to the Facility, to be credited to
the account of the transferred Inmate by the Contractor. The CITY will package and identify the
personal property of each Inmate prior to transferring the Inmate to the facility. The CITY will ensure
Inmate property is transferred to the Facility on the day the Inmate transfer. Any property sent
from the CITY to the Contractor that violates the Contractor's policies and procedures will be
returned to the CITY during the transport of inmates to and from the Facility.
14. TRANSPORTATION. Contractor shall provide round-trip transports per day to the City Police
Department, seven days a week. At the present time, the CITY requires three (3) transport runs
Monday through Thursday as follows:
• The first would arrive -0600 with between 1 O to 15 inmates scheduled for court.
Transport would return empty or with overflow from the following day -see last
paragraph).
• The second would return -1200 and would take inmates back from court.
• The third would take new bookings (those arrested and sentenced in afternoon
court) back to Contractor.
• On Friday, Saturday and Sunday, one transportation run would be sufficient as
Court is held new arrests/bookings only.
• From time to time, the City may have a need to request up to five (5) additional
transports during the month. Should the need arise, the additional transports will
be billed separately based on an hourly guard rate pursuant to Exhibit B paragraph
3.
15. INMATE WORK. CITY Inmates may be assigned to on-site programs designed to simulate real
world work experience by the Contractor. It is understood and agreed that this provision does not
create an employer/employee relationship between City inmates and Contractor subject to the
Federal Fair Labor Standards Act.
16. INMATE PROGRAMS. The Facility shall make available to CITY Inmates various programs at the
Facility appropriate for the length of time in Facility, such as GED, Adult Basic Education, substance
abuse and/or behavior modification programs; provided, however that programming may be limited
based on the resources available. Such programs must meet or exceed minimum ACA
requirements.
17. DISCIPLINE. The Contractor shall have disciplinary authority over all City Inmates in its custody
provided: (1) the disciplinary action is reasonable and proportionate in relation to the violation; (2)
the action taken is impartial and nondiscriminatory; (3) the action is neither arbitrary nor retaliatory;
and (4) the discipline is not physically abusive.
Inmates who have violated the Contractor's rules and regulations will be subject to the same
disciplinary rules and regulations as any other inmate housed by the Facility. However, nothing
contained herein shall be construed to authorize or permit the imposition of a type of discipline
prohibited by the laws and regulations applicable to the CITY or the State of Arizona.
18. HUMANE TREATMENT/USE OF FORCE. Contractor shall provide humane treatment to City
Inmates, free from unnecessary and wanton infliction of pain, grossly disproportionate treatment in
light of their charges/convictions, deliberate indifference to safety, health and welfare and other
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cruel and unusual punishment. Contractor may use reasonable force as required and as authorized
by Contractor's policies and state and federal law.
19. FOOD SERVICE. Contractor shall provide food service in accordance with ACA standards.
Inmates shall be provided three meals daily, with no more than fourteen (14) hours between the
evening meal and breakfast.
20. LAUNDRY. CLOTHING. AND HYGIENE ITEMS. Contractor shall provide City inmates with
clothing, laundry service, and hygiene items in accordance with applicable state and federal laws
and ACA standards.
21. DEATH OF AN INMATE. In the event of the death of an Inmate, the Contractor shall notify the
local law enforcement agency and the CITY and shall make arrangements for the disposition of the
body, at the City's expense. Contractor shall make arrangements for a fingerprint (right thumb or
right index finger) to be taken. The Contractor shall request the Coroner for the local jurisdiction
review all deaths and a copy of all related report(s) shall be forwarded to the City.
22. PHOTOGRAPHING AND PUBLICITY. Contractor shall not be authorized to release publicity
concerning Inmates without the CITY's approval. The Contractor may photograph Inmates for
identification purposes only related to official use; however, Inmate photographs may be
disseminated to law enforcement officials and to the press in the event of an escape from the
Facility by Inmate.
23. TELEPHONES. The Contractor shall provide a telephone system for use by the CITY Inmates.
The Contractor shall retain all telephone revenues.
24. VISITATION. Contractor shall provide physical space, furniture, equipment, including video
equipment enabling conferencing for court appearances, attorney conferences, and other
visitations, and supervision for inmate visitation in accordance with applicable ACA Standards.
Contractor shall only offer non-contact visitation to Inmates at the Facility.
25. COMMISSARY. Contractor shall provide a commissary for the Inmates in accordance with ACA
Standards. The Contractor shall retain all commissary revenues.
26. MEDICAL.
(a) The costs of providing routine on-site medical services such as sick call, over-the-counter
medications and medical supplies, mental health or dental services, customarily provided to
persons sentenced to confinement in the Facility shall be considered usual costs incidental to
the operation of the Facility and part of the costs reimbursed by the fixed Inmate day rate as
provided by this Agreement.
(b) The Contractor is responsible for all off-site medical, mental health and dental services,
prescription drugs and associated treatments, including all costs associated with hospitalization
of an Inmate. The Contractor will notify the City's designated Contract Monitor(s) in the event
an Inmate requires extensive and costly medical services. The Contract Monitor(s) and the
Contractor will collaborate to determine if the Inmate should be released from the Contractor's
care to the City or if the City will reimburse the Contractor for the costly medical services. This
will also involve contacting Court personnel to determine method of completing the Inmate's
sentence.
(c) The Contractor shall provide transportation and security to such off-site medical services listed
in paragraph (b). In the event of emergency, Contractor agrees to provide transportation and
security. Emergency medical services shall be obtained from the nearest appropriate hospital.
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(d) The Contractor shall provide the CITY with a copy of the Contractor's healthcare policy that
complies with ACA and National Commission on Correctional Health Care (NCCHC)
standards.
27. RECREATION. Contractor shall provide opportunities for City inmate recreation that comply with
ACA requirements and state and local law.
28. RELIGIOUS ACTIVITIES AND ITEMS. Contractor shall comply with ACA standards regarding
religious activities and worship, and shall further comply with the Religious Land Use
Institutionalized Persons Act.
29. CONFIDENTIALITY. All documents, data compilations, reports, computer programs, photographs,
data and other work provided to or produced by the Contractor in the performance of this
Agreement shall be kept confidential by the Contractor unless written permission is granted by the
City for its release. If and when Contractor receives a request for information subject to this
Agreement, Contractor shall notify City within ten (10) days of such request and not release such
information to a third party unless directed to do so by City.
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EXHIBIT B
PRICING
1. COST AND REIMBURSEMENT. The compensation rate shall be fixed for two years. The
compensation rate may adjust on the third annual anniversary date of the Contract and each annual
anniversary date thereafter by the percentage of any increase in the U.S. Department of Labor
Consumer Price Index (CPI) with prior approval from City. Nationwide figures issued for the
previous year will be used to determine the CPI increase.
The City shall be billed monthly by the Contractor for the actual number of inmates housed at the
per diem rate agreed upon for the "Number of Inmates" based on the average daily population per
month. Inmates that are received and released from the Facility in the same day and not captured
in the midnight count shall be billed at one-half the per diem rate. Payment shall be made by the
City within forty-five (45) days of receipt of the invoice and detailed billing statement.
The parties recognize that rates agreed upon in this contract are based upon current law, applicable
policies, American Correctional Association (ACA) standards, regulations and economic conditions
in effect as of the date of this Agreement. If changes in law, policy, ACA standards, regulations or
economic conditions increase the cost of Contractor's fulfillment of its obligations under the
Agreement, the parties agree to review the changes and negotiate a modification of the Agreement
in good faith to provide adequate compensation for the additional services.
2. HOUSING. The per diem for housing of City Inmates at the Facility shall be as follows:
Average Monthly
Number of Inmates
1-200
201-300
301-370
371-440
441+
Per Diem Rate
$67.96
$65.96
$63.96
$61.96
$59.96
3. TRANSPORTATION. The City's transportation fee is a separate fixed monthly cost of $35,000.00
per month for the transport runs specified in Exhibit A, Section 14 and is billed as a separate fee
pursuant to this Agreement. Any additional transports shall be billed at the then current hourly guard
rate. The current rate is $46.08. Fee shall be based on time spent during transport and number of
guards per transport.
4. UTILITIES. Contractor shall pay for all utility costs incurred in the performance of this Agreement.
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1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
lime off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City, provided, however, the City approves of any subcontracts
in effect at the beginning of the term of this Agreement. All current subcontracts must be identified
to the City prior to start of the Agreement. If Contractor has received authorization to subcontract
work, it is agreed that all subcontractors performing work under the Agreement must comply with
its provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
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dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel,
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration
Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
iv. The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 27 4A and
2748 of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. § 23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 60) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
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b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's
public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement
may be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other
proprietary data, Contractor must notify the City and include with the notification a statement
that explains and supports Contractor's claim. Contractor also must specifically identify the
trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any
documents or information Contractor deems confidential trade secrets or proprietary data,
the City, to the extent possible, will provide Contractor with prompt written notice by certified
mail, fax, email or other method that tracks delivery status of the requirement to disclose the
information so Contractor may seek a protective order from a court having jurisdiction over
the matter or obtain other appropriate remedies. The notice will include a time period for
Contractor to seek court ordered protection or other legal remedies as deemed appropriate
by Contractor. If Contractor does not obtain such court ordered protection by the expiration
of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6) years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. DEFAULT.
a. A party will be in default if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
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c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
16. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
17. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
18. TERM I NA TJON FOR CONVENIENCE. The City reserves the right to terminate this Agreement for
any or no reason, in part or in whole, upon sixty (60) calendar days' written notice. Contractor
acknowledges that it has no expectation that this Agreement will not be terminated for convenience
for any or no reason whatsoever with the sixty (60) day notice.
19. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuantto A.RS.§ 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
20. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty (30) calendar days prior to the stated termination date.
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21. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
22. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
23. INDEMNIFICATION/LIABILITY.
d. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
e. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
f. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
24. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
25. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
26. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
27. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
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limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
28. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publiCity
without obtaining the prior written consent of the City.
29. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee
within the last twelve (12) months shall not represent another organization before the City on any
matter for which the officer or employee was directly concerned and personally participated in
during their service or employment or over which they had a substantial or material administrative
discretion. Further, while employed by the City and for two (2) years thereafter, public officers or
employees are prohibited from disclosing or using, without appropriate authorization, any
confidential information acquired by such personnel in the course of his or her official duties at the
City.
30. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
31. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury, or destruction will not release
Contractor from any obligation hereunder.
32. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
33. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
34. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action, or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
35. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
36. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
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MESA STANDARD TERMS AND CONDITIONS
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
37. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements (IGA) with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
38. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
39. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided
by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or
registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective
two (2) calendar days after the sending thereof.
40. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Maricopa County, Arizona.
41. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
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MESA STANDARD TERMS AND CONDITIONS
42. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
43. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendrnent(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
44. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion, termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
45. A.R.S. SECTIONS 1-501and1-502. Pursuant to Arizona Revised Statutes Sections 1-501and1-
502, any person who applies to the City for a local public benefit (the definition of which includes a
grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the
Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole
proprietorship, Contractor agrees to sign and submit the necessary documentation to prove
compliance with the statutes as applicable.
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EXHIBIT B
SCOPE OF WORK
1. Transportation. Section 14 of the Mesa Contract (Exhibit A) Scope of Work
is not applicable. All transportation of inmates shall be provided by City.
2. Medical.
Substitute the following for Section 26 of the Mesa Contract (Exhibit A)
Scope of Work:
(a) The costs of providing routine on-site medical services such as sick call,
medications and medical supplies, mental health or dental services,
customarily provided to persons sentenced to confinement in the
Facility shall be considered usual costs incidental to the operation of the
Facility and part of the costs reimbursed by the fixed Inmate day rate as
provided by this Agreement.
(b) If an inmate requires hospitalization and is not eligible for release,
Contractor will be responsible for the first $4,000 in hospitalization
costs and the City will be responsible for all hospitalization costs in
excess of $4,000. For purposes of this paragraph, hospitalization
includes admission to and treatment at the hospital for any hospital -
based services, including, but not limited to hospital admissions,
emergency room visits and observation services.
(c) If inmate hospitalization is required, the City will be given the
opportunity to provide a City police officer or Reserve Officer to guard
the inmate. If the City is unable to provide a City police officer or Reserve
Officer, then the City will pay Contractor its guard hour rate to guard the
inmate. The current guard rate is $47.06.
(d) In an effort to decrease medication costs, if an inmate requires
medications that were prescribed to the inmate prior to confinement,
the inmate will be allowed to bring their medication and the prescription
to the Facility and Contractor shall determine whether it is appropriate
to issue the inmate the medication while the inmate is in the Facility. For
inmates that require high cost medications, Contractor and the City will
collaborate to determine if the inmate should be released from the
Contractor’s care to the City or if the City will reimburse the Contractor
for the high cost medications. The City and Contractor will agree in
writing upon those medications that qualify as high cost medications
within a reasonable time after the execution of this Agreement.
3. Miscellaneous.
(a) City inmates housed at the Facility will not participate in a City work
release program.
(b) Depending on Contractor’s determination that space is available at the
Facility, Contractor shall confine and supervise at the Facility those City
inmates that the City may deliver to Contractor from time to time.
Contractor may house City inmates together with other inmates housed
at the Facility as appropriate, based upon classification and at the
discretion of the Warden.
(c) No attorney-client phone calls shall be intentionally recorded without the
consent of the parties, while in the custody of CoreCivic.