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HomeMy WebLinkAbout2013 12.02 City Council Work Session Agenda r. _ City of Apache Junction, Arizona Meeting location C. City Council Chambers at City Hall .., 300 E Superstition Blvd * Agenda Apache Junction,AZ rt�10' 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,December 2,2013 7 00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. Discussion with CenturyLink staff regarding phantom calls on 911 Discussion only. 2. Presentation and discussion on the comprehensive zoning code update prepared by staff and the Planning and Zoning Commission Staff will present and council will discuss the format and project timeline for the proposed zoning code update Presentation and discussion 3 Presentation and discussion on the Health and Human Services Commission recommendations for FY 2013-2014 human services funding Presentation and discussion. D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction, AZ If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at(480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 PA0hf City of Apache Junction Arizona 300E Superstition /�C i 1 Boulevard LiAgenda Item Cover Sheet Apache Junction,AZ 65119 ` / Agenda Item No. 1 2 �'�`✓ File ID: 13-379 41 Sponsor. George Hoffman Agenda Date: 12/2/2013 6_(v Index: In Control. City Council Work Session l"' �1 01)Discussion with CenturyLink staff regarding phantom calls on 911 Discussion only. tc-, I' l Attachments: l City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 2, City of Apache Junction, Arizona 300 E Superstition Boulevard - r. Apache Junction,AZ 85119 Ft- Agenda Item Cover Sheet Agenda Item No 2 File ID: 13-377 Sponsor Brad Steinke Agenda Date: 12/2/2013 Index.Community Development In Control: City Council Work Session Ad me, Presentation and discussion on the comprehensive zoning code update prepared by staff and the Planning and Zoning Commission Staff will present and council will discuss the format and project timeline for the proposed zoning code update Presentation and discussion Attachments. 13-11-19(CCmemo) i City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 PppCH O i Z City of Apache Junction Development Services Department To: Mayor and City Council From. Brad Steinke, Director of Development Services Date. November 19, 2013 .-. RE Work Session to Kickoff Zoning Code Update After two years of review, the Planning and Zoning Commission is ready to release the initial draft of the Comprehensive Zoning Code Update The update is intended to be consistent with the recently adopted General Plan, and reformulate the existing zoning code into a user friendly document that can be used and understood by both city staffers and the public Additionally, the code update will address some regulatory policy issues facing the city(e.g., home occupations, use standards, signage, landscaping and temporary uses) A copy of the draft Zoning Code, dated November 13, 1013, has been placed in your mailboxes The following timeline has been tentatively established for review and approval of the Zoning Code Update Date Event Location Monday, December 2, 2013 City Council Work Session City Council Chambers Tuesday, December 17, 2013 City Council Direction to Staff City Council Chambers Wednesday,January 8, 2014 Open House for Property Owners City Council Chambers Tuesday,January 14, 2014 P&Z Work Session City Council Chambers Tuesday,January 28, 2014 P&Z Public Hearing City Council Chambers Monday, March 3, 2014 City Council Work Session City Council Chambers Monday, March 17,2014 City Council Work Session City Council Chambers ..4. Monday, March 31,2014 City Council Work Session City Council Chambers Tuesday,April 15,2014 City Council Public Hearing City Council Chambers Staff Recommendation• The December 2, 2013, work session meeting will serve as an introductory discussion on the code format and the proposed project timeline I don't anticipate any substantive discussion on the code standards at this time. Following this meeting, I will prepare a Council memo highlighting the important policy changes to assist you with your review of the document The item will then return on December 17th for Council direction to staff regarding the project timeline If you have any questions, please call me at 480-474-5082. 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5082 • Fax(480)982-7010 City of Apache Junction, Arizona 300E Superstition Boulevard a Apache Junction,AZ 85119 i Agenda Item Cover Sheet Ar'' I. .� Agenda Item No.3. */ File ID: 13-378 Sponsor Kathy Connelly Agenda Date 12/2/2013 Index Budgetary Item In Control.City Council Work Session Presentation and discussion on the Health and Human Services Commission recommendations for FY 2013-2014 human services funding Presentation and discussion Attachments 2013-14 RECC MEM,Article 2-14, 13 COMPARIS TAB, 2013-14 b&Gclub agr, INTERVIEW 2013 L City of Apache Junction,Arizona Page 1 Printed on 11/25/2013 NOVEMBER 18, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR DECEMBER 2 WORK SESSION AND DECEMBER 3 (FY 2013-2014 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2013-2014 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council The commission opted to interview all of the agencies, however, Mountain Health and Wellness did not send a representative. The city received applications from a total of five agencies in the following amounts: 1 Apache Junction Reach Out, Inc (Food Bank) $30,000 2 Boys & Girls Club 20,000 3 CAAFA 14,000 4 East Valley Adult Resources 30,000 5. East Valley Adult Resources (van transportation) 45,000 6. Mountain Health and Wellness 15,000 Total $154,000 With the understanding that $85,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related human service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2013-2014: 1. Apache Junction Reach Out Food Bank-$30,000, with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the Food Bank facility Quarterly reports must meet city requirements 2 Boys& Girls Club (Apache Junction Branch)-$11,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after school and intersession programs The funds must be spent on city residents only and quarterly reports must meet city requirements. 3. Community Alliance Against Family Abuse - $14,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, ... to include empowerment sessions, legal advocacy services and general advocacy services The funds must be spent on city residents only and quarterly reports must meet city requirements 4 East Valley Adult Resources for the Apache Junction Senior Center-$30,000,with the stipulation that the funds be used to continue congregate meals at the Multi- Generational Center, transportation services to and from the center and for the home delivered meals program. All funds must be used for city residents only Quarterly reports must meet city requirements. 5 Mountain Health and Wellness—recommendation was not to provide funding for FY 2013-14 based on (1)Mountain Health and Wellness failure to submit fourth quarter reports for FY 2012-2013 which resulted in the funds being returned to the general fund and the contract being incomplete, (2) not sending a representative to the November 14 meeting to provide a status report to the commission and explain the FY 2013-2014 funding request. Total of recommendations - $85,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk, that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail, that handwritten records and reports are unacceptable, that the person assigned to completing and filing the quarterly reports be familiar with the terms and requirements of the agreement in order to avoid processing errors and delays,and that each agency be put on notice that the original purpose of the human services funding was to provide "start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time Continual requests make it difficult for new agencies to also obtain funding Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities The commission also recommended that in the event of contract performance and compliance issues, that the city clerk be authorized to contact board members of the respected offices and make them aware of the problems Members of the Health and Human Services Commission will be present at the December 2 work session to answer your questions on these recommendations Direction to staff will be requested at the December 3 meeting If so directed, the contracts will be placed on the December 17 consent agenda items at which time you can approve them or opt to continue them to a later date Attachments:City Code Article 2-14 Funding Comparison Table Sample contract Sample invitation letter of November 4, 2013 ... ALP Page 30 of 42 EXHIBIT A ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE Section 2-14.1 Requests for non-profit funding p-14-2 Requests for financial assistance § 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following. A copy of the agency's most recent audit report, a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city, complete information on the source and amount of funding received from all other sources such as non- governmental agencies, membership fees and dues, and private contributions. client service information as it applies to residents of the city, proof of non-profit status as determined by the internal Revenue Service, proof of corporate status to include copies of by- laws and articles of incorporation the source and amount of`unding received from other governmental agencies;the names and addresses of current board members, and any other documentation as may be deemed necessary by the city. (S) Reporting requirements Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city. on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other Ask documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure fordrstnbution of funds (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or http I/www amlegal com/nxt/gateway.dll/Anzona/apachejunction_az/chapter'2mayorcou... 11/2/2011 ALP Page 31 of 42 quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding All funding requests ''`. submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year (Ord 659, passed 11-3-1998) § 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non- profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request.This article shall not apply to governmental or quasi-governmental jurisdictions, (8) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget, (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk the requirements of this article may be waived by action of the Council It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission (Prior Code,Art. 2-14) ARTICLE 2-15: INDUSTRIAL http /lwww amlegal com/nxt/gateway dll/Artzona/apachejunctlon_az/chapter2mayorcou 11/2/2011 ) HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 AGENCY -07 -08 -09 -10 -11 -12 -13 -14 Apache Junction Reach Out Food 20.000 20.000 18,000 14,400 14,400 20.000 25.000 30.000 Bank,Inc 16,000 18,000 14,400 14,400 14,400 20 000 25,000 Boys and Girls Club of Apache Junction 37,500 36.800 30,000 30,000 20,000 30.000 30.000 20.000 18,000 20,000 12,800 11,000 13,600 8,000 8,000 1 - Community Action Human Resources 8.000 8,000 8,000 8.000 NA NA NA NA Agency(CAHRA) 8,000 8,000 6,400 8,000 Community Alliance Against Family NA 15.000 12.000 18,000 12,000 14,500 14.500 14,000 Abuse(CAAFA) 12,000 9,600 6,700 12,000 14,500 14,000 East Valley Adult Resources(for 48.000 40.000 43.000 40.000 30,000 30.000 30.000 30,000 Apache Junction Senior Center 32,000 30,000 24,000 24 900 24,000 25,000 26,000 East Valley Adult Resources(for van NA NA NA NA NA NA NA 45,000 transportation) . Junior Achievement NA NA 5 000 5.000 NA NA NA NA 0 0 Mountain Health and Wellness NA 17,500 16,000 15,000 20,000 23.000 23.000 15.000 ) (formerly Superstition Mountain Mental 12,000 12,800 15,000 16,000 12,500 12,000 Health) United Food Bank NA NA 8.000 NA NA NA NA NA 0 _. ._ - . .... .. J AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM BOYS & GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS & GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, a health and human services provider("Services Provider"), for the City's human services program. WHEREAS, pursuant to Apache Junction City Code, ("AJCC")Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2013-2014, and WHEREAS, the Commission has submitted its recommendations to the City Council, and WHEREAS, on August 5, 2013, the City Council passed and adopted the 2013- 2014 Fiscal Year budget, which included funding for health and human services for specific health and human services providers, and WHEREAS, pursuant to AJCC Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1 SERVICES PROVIDER'S DUTIES Services Provider agrees to perform the following services in connection with the Program: A Provide the Project Learn program to city residents as a means of educational enhancement. B. Provide such programs and activities to only residents of the City of Page 1 of 8 Apache Junction and only as documented by Services Provider C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address, current rent receipt showing an in-city address, State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification, obtain approval in advance by the City of Apache Junction City Clerk D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2014-15 to City on or before January 31, 2014. E. File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended Post office box addresses shall not meet the reporting requirements of this section Advise City in its report of the identification utilized (driver's license, utility bill, etc ), submit to City typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk, provide the City Clerk, in writing, with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision Any funds not disbursed by Services Provider shall be reimbursed to City Any funds disbursed by Services Provider in violation of AJCC Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City F. File the quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2014-15. Any extensions or exceptions to the Page 2 of 8 filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H Service Provider's failure to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time shall result in the termination of this Agreement I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2 COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows A. A total of $11,000 for Fiscal Year 2013-2014 for services identified in Section 1, "Services Provider's Duties". B Compensation shall be in equal quarterly payments of $2,750.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time E In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Page 3 of 8 Junction City Council, should any of the agencies receiving Fiscal Year 2013-14 human services funding be unable to meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2013 through June 30, 2014, and shall remain in full force and effect for one fiscal year 4 SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE City shall furnish the Services Provider with all data, information and other supporting services as may be required 6 SERVICES PROVIDER'S STANDARD OF PERFORMANCE While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7 NOTICES All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City Kathleen Connelly City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Boys & Girls Club of the East Valley Apache Junction Branch 1405 E Guadalupe Road, Suite 4 Tempe, AZ 85283 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Providers shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. Page 4 of 8 9. SUBCONTRACTORS. Services Provider shall, within ten (10) days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS. Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11 RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. UNCONTROLLABLE FORCES: City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 13. INDEMNIFICATION: Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss,damage,claim for damage, liability, expense, or cost, including attorneys' fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. Page 5 of 8 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider 16 GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs 17 OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers 18. LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT. This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically become part of the Supporting Documents, Page 6 of 8 and shall supersede any inconsistent provision therein, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY I City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits(economic and otherwise)to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST The provisions of A R S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract 23 POLITICAL ACTIVITIES. As a community service-based organization, Services Provider is a non-political organization Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. Page 7 of 8 SERVICES PROVIDER EAST VALLEY BOYS & GIRLS CLUB - APACHE JUNCTION BRANCH By Title Chairperson/President By: Title. Local Board President By _.._ Title: Local Branch Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J STERN City Attorney Page 8 of 8 November 4, 2013 Liza Kovach, President Apache Junction Reach Out Food Bank 575 N Idaho Road Suite 701 Apache Junction, AZ 85119 Dear Ms. Kovach: The Apache Junction Health & Human Services Commission will be conducting a review of applicants for city human services funding for Fiscal Year 2013-2014 at their next regular meeting The commission has requested that representatives of your agency be present at the meeting to be held Thursday, November 14, 2013, at the City Clerk Conference Room, 300 E. Superstition Blvd., Apache Junction, Arizona The time scheduled for your organization is shown on the enclosed schedule. It is the intent of the commission to allow each agency 10 minutes to present information regarding their respective requests and an additional 5 minutes to answer commissioners' questions. This is the only meeting at which the commission will hear your agency's presentation. The commission is requesting information on each agency's current and future programs and how the economy has impacted your organization Please be sure that your representatives are able to provide this information in detail The Commission has also requested that your agency have specific individuals present at the meeting for the following purpose. 1. Your representatives should be able to answer questions regarding use of funds, programs and record keeping. 2 Your representatives should be prepared to answer questions and provide information on other funding applications and fund raising efforts. The commission will be formulating their recommendations for funding immediately Human Services Funding Applicants for FY 2013-14 Page 2 November 4, 2013 following all presentations. All recommendations are forwarded to the Apache Junction City Council for final approval and award of contract for services If you will be unable to give a presentation on November 14 or have any questions regarding the procedures, please contact me or Deputy City Clerk Jan Mason at(480)474- 5068 Sincerely, Kathleen Connelly City Clerk Enclosure Interview Schedule 01111144 CITY HUMAN SERVICES FUNDING FY 2013-2014 THURSDAY, NOVEMBER 14, 2013 SCHEDULE OF INTERVIEWS Apache Junction Reach Out Food Bank 3:45 p.m. — 4:00 p.m. Boys and Girls Club of the East Valley— Apache 4:00 p.m. — 4:15 p.m. Junction Branch Community Alliance Against Family Abuse 4 15 p m —4 30 p m (CAAFA) East Valley Adult Resources, Inc. 4:30 p.m. — 4:45 p.m. (Apache Junction Senior Center) Mountain Health and Wellness 4:45 p.m. — 5:00 p.m.