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HomeMy WebLinkAbout2013 12.17 City Council Regular Agenda City of Apache Junction, Arizona Meeting location r Y � City Council Chambers at City Hall Agenda300E Superstition Blvd Apache Junction,AZ c _A• 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,December 17,2013 7:00 PM City Council Chambers A CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1 Acceptance of Agenda Consideration and action. 2 Approval of minutes of regular meeting of December 3, 2013 Consideration and action 3 Fiscal Year 2013-14 health and human services funding agreements At the regular meeting of December 3, 2013, council unanimously .•1.1., voted to accept the recommendations of the health and human services commission These agreements reflect the recommendations of the health and human services commission Consideration and action E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4. Presentation by and discussion with Maria Elena Ochoa of Mountain Health and Wellness regarding their recent designation as a federally qualified health care center F ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a bnef summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 City Council Meeting Agenda December 17,2013 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clanfication inquiries 5. City manager's report. Presentation and discussion. H. PUBLIC HEARINGS Public heanngs required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 6. Application for an extension of premises for Elks Lodge#2349 for Paws 4 Life Charity Car Show on January 18, 2014, at 2455 N. Apache Trail The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. 7 Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for Lost Dutchman Days to be held February 21-23, 2014, at 1590 E Lost Dutchman Boulevard Consideration and action. 8. Application for a special event liquor license for Elks Lodge#2349 for Lost Dutchman Days on February 20, 2014 at 2455 N Apache Trail Consideration and action. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk J NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 9 Legal Advertising Agreement with the Arizona Republic State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc This agreement is from January 1, 2014 through December 31, 2014 Consideration and action K COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters City of Apache Junction,Arizona Page 2 Printed on 12/10/2013 City Council Meeting Agenda December 17,2013 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, January 6, 2014 11. Executive Session at 5 45 P M for Tuesday, January 7, 2014 Other meetings if necessary M. CALL TO PUBLIC At this time the public has the pnvilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a wntten"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker;2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information 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 If any person with a disability needs any type of accommodation, please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours pnor to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 12/10/2013 CITY COUNCIL REGULAR MEETING DECEMBER 3, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 3 , 2013 , at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Councilmember Waldron led the Pledge of Allegiance ROLL CALL Councilmembers Present Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson .o Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham City Engineer Emile Schmid Development Services Director Brad Steinke REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 1 OF 6 .�. A.A., Others Present Library Circulation Supervisor Karen Rauls ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE SECOND AMENDMENT TO THE LEASE AGREEMENT BETWEEN VERIZON WIRELESS AND THE CITY OF APACHE JUNCTION FOR LOCATION OF COMMUNICATION EQUIPMENT ON CITY PROPERTY WITH A ONE-TIME ACCOMMODATION FEE DUE FROM VERIZON WIRELESS FOR EXPANSION OF USE IN THE AMOUNT OF $10, 000; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT, AND THAT RESOLUTION NO 13-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF THE BROADWAY AVENUE/DELAWARE DRIVE INTERSECTION DRAINAGE IMPROVEMENTS, BE APPROVED Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous The motion carried AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced parks and recreation will be having the holiday program and light parade this coming weekend Mayor Insalaco announced Boy Scout Troop #39 from Goldfield Lutheran Church were in attendance Councilmember Rizzi announced Four Peaks Elementary is having a Winterfest Celebration on Thursday from 5 30 to 7 :30 . They will have various events and music REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 2 OF 6 CITY MANAGER'S REPORT City Manager George Hoffman read a note of thank you from Girl Scout Troop 1450 for city assistance on a flag retirement ceremony, read a note from Janine Solley representing comments from the Wellness Partnership regarding the Wellness Event and announced Vice Mayor Barker had been appointed vice chair of the .•.► Maricopa Association of Governments Domestic Violence Council . Circulation Supervisor Karen Rauls gave a brief presentation on the new Culture Pass Program offered at the library PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS None DIRECTION TO STAFF PREPARING AGREEMENTS FOR FY 2013-14 HUMAN SERVICES FUNDING City Clerk Kathleen Connelly gave a briefing on the item. Mayor Insalaco called for any discussion There being no discussion, he called for a motion Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PREPARING AGREEMENTS FOR FY 2013-14 HUMAN SERVICES FUNDING: THAT WE ACCEPT THE COMMISSION'S FUNDING RECOMMENDATION AS PER THE MEMO OF NOVEMBER 18, 2013 Councilmember Wilson SECONDED THE MOTION. ] REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 3 OF 6 .�. p VOTE: Unanimous. The motion carried IMPLEMENTATION OF THE DEVELOPMENT FEE UPDATE TIMETABLE Development Services Director Brad Steinke briefed the council on the item Mayor Insalaco called for a motion Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING MOVING FORWARD ON IMPLEMENTATION OF THE DEVELOPMENT FEE UPDATE: THAT WE ACCEPT THE SCHEDULE AS RECOMMENDED BY THE DEVELOPMENT SERVICES DIRECTOR. Councilmember Evans SECONDED THE MOTION. VOTE Unanimous The motion carried. Mayor Insalaco commented he would like to note this is probably one of the shortest meetings we have had. Vice Mayor Barker thanked all the people from health and human services for all of their hard .-. work. The council appreciates all they do SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 :45 P M AND A WORK SESSION AT 7 00 P.M. BE HELD ON MONDAY, DECEMBER 16, 2013 , IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 .45 P M. BE HELD ON TUESDAY, DECEMBER 17, 2013 , IN THE CITY COUNCIL CHAMBERS. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 4 OF 6 Councilmember Evans SECONDED THE MOTION VOTE: Unanimous. The motion carried •►. CALL TO THE PUBLIC. None ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 . 15 p.m. Consent Agenda Items are as follows : 1 Acceptance of Agenda 2 . Approval of Minutes of Regular Meeting of November 19, 2013 . 3 . Consideration of approval of the second amendment to the lease agreement between Verizon Wireless and the City of Apache Junction for location of communication equipment on city property 4 Consideration of approval of Resolution No 13-39, a resolution of the mayor and city council authorizing the city to enter into an intergovernmental agreement with Pinal County Flood Control District for the construction of the Broadway Avenue/Delaware Drive intersection drainage improvements. ACCEPTED THIS 17TH DAY OF DECEMBER, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 17TH DAY OF DECEMBER, 2013 JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 5 OF 6 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 3rd day of December, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 4th day of December, 2013 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 3 , 2013 PAGE 6 OF 6 = ►1*,� City of Apache Junction, Arizona 300E Superstition Boulevard r [J Apache Junction AZ 85119 Agenda Item Cover Sheet IT Agenda Item No.3 File ID: 13-405 Sponsor Kathy Connelly Agenda Date. 12/17/2013 Index. Local/State/Federal Statutory Requirement In Control: City Council Meeting Fiscal Year 2013-14 health and human services funding agreements At the regular meeting of December 3, 2013, council unanimously voted to accept the recommendations of the health and human services commission These agreements reflect the recommendations of the health and human services commission Consideration and action. Attachments.2013-14 food bank agreement, 2013-14 boys and girls club agreement,2013-14 caafa agreement, City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM APACHE JUNCTION REACH OUT, INC. 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 APACHE JUNCTION REACH OUT, INC., a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code("AJCC"),Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance,the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 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 for the emergency needs of City of Apache Junction residents through the provision of emergency food. B Provide emergency food assistance to residents of the City of Apache Junction and only as documented by Services Provider. Page 1 of 8 C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2014-15 to City on or before January 31, 2014. E File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended, post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit typed or word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency Such persons shall be respcnsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement All reports shall be delivered in person or sent via first class mail Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance_ or this agreement shall be reimbursed to City F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2014-15. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2 COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $30,000 for Fiscal Year 2013-2014 for services identified in Section 1, "Services Provider's Duties"for those services provided under Section 1, Subsection A; and for utility costs directly related to the operation of the Apache Junction Reach Out Inc facility located at 575 N. Idaho Road #702, Apache Junction, Arizona. B. Compensation shall be in equal quarterly payments of $7,500 00 per quarter No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead, and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of the City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. Page 3 of 8 E In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2013-14 funding be unable to meet the requirements of AJCC Article 2- 14 or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund 3. TERM: This Agreement shall bb 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 Apache Junction Reach Out, Inc. Gerry Hundt, Board President 575 North Idaho Road, #702 Apache Junction, AZ 85119 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination Page 4 of 8 9 SUBCONTRACTORS: Services Provider shall,within ten(10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any,and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10 RECORDS. Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11 RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. UNCONTROLLABLE FORCES: City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts,embargoes,failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13 INDEMNIFICATION Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive,on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement 14 WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect Page 5 of 8 15 INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs 17 OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers 18 LICENSE Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19 NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20 ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, 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. 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 nghts 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: APACHE JUNCTION REACH OUT, INC. By: - Title: Board President CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. /41 RICHA' II J. STERN City Attorney Page 8 of 8 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 .'he 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 inembers 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 service,,' 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 attorney ' fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents. This section shall survive the expiration or early termination of the Agreement 14 WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. Page 5 of 8 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor 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 ;ariation 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 ?rovider, 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. 4N, 12-- 4 - 13 RICHARD J. STERN City Attorney Page 8 of 8 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM COMMUNITY ALLIANCE AGAINST FAMILY ABUSE THIS AGREEMENT is made and entered into this day of , 2013, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Anzona municipal corporation ("City") and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE,a health and human services provider ("Services Provider") for the City's human services program. WHEREAS, pursuant to Apache Junction City Code("AJCC"),Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs; and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 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 I (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be pc ovided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER'S DUTIES. Services Provider agrees to perform the following services in connection with the Program: A. Provide intervention services in the amount of$14,000 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services. B. Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider. Page 1 of 8 C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction. Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk. D Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable City Ordinances, submit contract proposal for Fiscal Year 2014-15 to City on or before January 31, 2014. E File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc ); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City Any funds disbursed by Services Provider in violation of AJCC Article 2- 14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2014-15. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or Page 2 of 8 exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A A total of $14,000 for Fiscal Year 2013-2014 for services identified in Section 1, "Services Provider's Duties". B. Compensation shall be in equal quarterly payments of $3,500 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 thk 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 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund 3 TERM- This Agreement shall be effective beginning July 1, 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 Community Alliance Against Family Abuse P.O Box 3778 Apache Junction, AZ 85117 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall,within ten(10)calendar days Page 4 of 8 after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City 10 RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11 RIGHT OF CITY TO CONTRACT WITH OTHERS Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant 12. UNCONTROLLABLE FORCES City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents 13 INDEMNIFICATION Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement 14 WAIVER OF TERMS AND CONDITIONS The failure of City or Services Provider to insist in any one or more instanc;.es on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. Page 5 of 8 15 INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. GOVERNING LAW AND VENUE The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs 17 OWNERSHIP OF RECORDS AND REPORTS. All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers 18. LICENSE. Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subcontractors within the corporate city limits will invoke the same business tax regulation on any subcontractors, and the Services Provider ensures its subcontractors will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral it is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, 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 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, pnmary 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 r SERVICES PROVIDER COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By. Title: Chairperson/Board President By. Title. Director CITY OF APACHE JUNCTION, an Arizona municipal corporation ° John S. Insalaco Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Page 8 of 8 AGREEMENT TO PROVIDE HEALTH AND HUMAN SERVICES FROM EAST VALLEY ADULT RESOURCES 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 EAST VALLEY ADULT RESOURCES, a health and human services provider ("Services Provider") for the City's human services program WHEREAS, pursuant to Apache Junction City Code("AJCC"),Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs, and WHEREAS, the Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 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 the services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program A. Provide services for City of Apache Junction senior citizen residents to include congregate meals at the Apache Junction Senior Center and home-delivered meals for those senior citizen residents confined at home or who are physically disabled. Page 1 of 9 B. Provide congregate or home-delivered meals to senior citizen residents of the City of Apache Junction and only as documented by Services Provider C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification, current utility bill, showing an in-city address, current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk D Comply with all provisions of AJCC Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2014-15 to City on or before January 31, 2014. E File with the City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section, advise City in its report of the identification utilized (driver's license, utility bill, etc ); submit to City typed or prepared word processor quality reports, maintain a separate list of city residents assisted by the program to include their name and address, designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds, assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be respcnsible 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 Page 2 of 9 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 filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior tothe filing deadline The maximum allowable extension will be five(5)working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement H Services Provider's failure to fully meet the requirements of AJCC Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement I Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of $30,000 for Fiscal Year 2013-2014 for services identified in Section 1, "Services Provider's Duties" for congregate meals at the Apache Junction Senior Center and for home-delivered meals all as -- provided under Section 1, Subsections A and B B. Compensation shall be in equal quarterly payments of $7,500.00 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 Page 3 of 9 Board of Directors. Early release of funding shall be at the discretion of City and subject to Service Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2013-14 funding be unable to meet the requirements of AJCC Article 2- 14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund 3 TERM This Agreement shall be effective beginning July 1, 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 Page 4 of 9 If to Services Provider East Valley Adult Resources, Inc. 45 W University Drive, Suite A Mesa, AZ 85201-5831 8. TERMINATION This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination 9. SUBCONTRACTORS: Services Provider shall,within ten (10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. UNCONTROLLABLE FORCES City and Services Provider shall exert all efforts to perform their respective responsibilities under this Agreement However, neither party shall hold the other party responsible forinability to render timely performance if such inability is a direct result of a force beyond its control, including but not limited to the following strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13 INDEMNIFICATION: Services Provider shall defend, indemnify, and hold City, its officers and employees harmless from any and all loss, damage, claim for damage, liability, expense, or cost, including attorney fees, which arise out of, or is in any way connected with the performance of work under this Agreement by Services Provider, or any of Services Provider's employees, agents or subcontractors, and from all claims by Page 5 of 9 Services Provider's employees, subcontractors and agents for compensation for services rendered to Services Provider in the performance of this Agreement, notwithstanding that City may have benefited from their services. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Services Provider or Services Provider's employees, subcontractors or agents This section shall survive the expiration or early termination of the Agreement. 14. WAIVER OF TERMS AND CONDITIONS. The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs 17. OWNERSHIP OF RECORDS AND REPORTS All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 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 Page Eof9 limits will invoke the same business tax regulation on any subcontractors,and the Services Provider ensures its subcontractors will obtain any required business tax license 19 NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY; 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 Page 7of9 contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written SERVICES PROVIDER: EAST VALLEY ADULT RESOURCES, INC. By Title: Chairperson/President By Title Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk Page aof9 ROLL CALL VOTE NOTES: + .1. .)01/ /1 ITEM # ' / MEETING OF f.j i MOTION BY 'VA))\}-41\f-) SECONDED BY: YES NO ABSTAINED I' / COUNCILMEMBER EVANS V VICE MAYOR BARKER \/ U I COUNCILMEMBER WALDRON I COUNCILMEMBER SERDY iiiCOUNCILMEMBER WILSON MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED • TOTAL p CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND I MOVE WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 18, 2013,WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2013-2014 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $30,000, THE BOYS AND GIRLS CLUB OF THE EAST VALLEY-APACHE JUNCTION BRANCH IN THE AMOUNT OF $11,000, COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14,000, AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30,000, FOR A TOTAL AMOUNT OF $85,000, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS «' aOlok City of Apache Junction, Arizona 300 E Superstition et Boulevard v5' Agenda Item Cover Sheet Apache Junction,AZ 85119 ‘111,0. Agenda Item No.4 A File ID: 13-390 Sponsor Gail Evans Agenda Date 12/17/2013 Index. In Control. City Council Meeting Presentation by and discussion with Maria Elena Ochoa of Mountain Health and Wellness regarding their recent designation as a federally qualified health care center Attachments: Presentation MHW City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 104, MHW Goal: Improved Health Outcomes,Reduced Health Care Costs, Doing Our Part to Making AJ the Healthiest and Happiest Community in AZ National Statistics: 1. In 2005,up to 35%of AZ's population didn't have access to a Primary Care Provider(the national average being 19% 2 By 2035,US will be short 40,000 Primary Care practitioners Pinal Co Statistics. According to the Arizona Department of Health Services,populations in Pmal County live with chronic disease conditions at rates often higher than the national average For example, conditions in various zip codes in these communities that are higher than the national average include • adult obesity, • child obesity, • adults with high blood pressure, • people with diabetes not being tested for hAlc; • mortality from heart disease and colorectal cancer; • smokers, • asthma, and • adults with no fecal occult blood test in 2 years • In Arizona,people with serious mental illness die 32 years sooner than the norm due to a lack of primary care, especially related to their chronic disease conditions • In some areas,the ratio of one pnmary care physician to the population in the area is as poor as 1 physician to 35,718 people • These areas do not have the benefit of public transportation, and the distance from a provider can be as far as 40 5 miles(one-way) • In Pinal County,hospitalizations for short-term complications of diabetes are 96 41 (per 100,000)compared to 46.7(per 100,000)nationally • The hospital admission rate for hypertension is almost 8 times higher(398 4 compared to eiN 50 2)than the national rate Solution: Mountain Health&Wellness provides AJ a Health Home where individuals can receive integrated primary care,behavioral health,wellness and pharmacy services MHW recently received an FQHC award. MHW is the only Behavioral Health organization in Arizona to receive this type of award and one of a handful in the country. What is an FQHC? • A Community Health Center funded by Health Resources and Services Administration (HRSA)that the Center for Medicare and Medicaid consider a Federally Qualified Health Center(FQHC). • The purpose of FQHC's is to enhance the provision of primary care in underserved urban and rural communities o As of 2011, There are 1, 128 health centers in the country. • FQHC's must serve an underserved area or population, offer a sliding fee scale,provide comprehensive services,have an ongoing QA program and have a governing board of directors What is the benefit to the Community? Affordable and accessible health care can transform the neediest communities by: 1 Improved access to affordable health care a Sliding Fee Scale based on Income, family size 2 Provide care for the under and uninsured 3 Reducing Chronic Disease(Diabetes,Asthma,High Blood Pressure, Cholesterol,etc) 4. Reduce incidence of low birth weight 5. Reduce unnecessary ER use and hospitalization. a AZ saved$311,438,714 in 2006 6. Expand access to affordable medication 7 Improved access to preventative medicine and wellness services a Asthma education b Tobacco Cessation Education c Pap Smears d Immunizations across the lifespan, but specifically for children e Health Education f. Health Counseling related to chronic disease g. Mammograms h Colorectal screenings 8 Reduced Costs Health Centers save$1,263 per patient per year Collaboration 1 MHW will partner with other service providers to ensure a full array of care. Dental, Vision, etc 2 MHW is a member of the AJ Wellness Partnership Time Frame Scheduled to be up and running by March 01, 2014 I.N, City of Apache Junction, Arizona 300 E Superstition r..,.l Boulevard e Agenda Item Cover Sheet Apache Junction,AZ 85119 z Agenda Item No.5. .jir,,,.11 File ID: 13-231 Sponsor George Hoffman Agenda Date. 12/17/2013 Index. In Control. City Council Meeting .r City manager's report Presentation and discussion Attachments AM lb. City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 PUBLIC HEARING "IN 1. For APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18,2014 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. ,fit City of Apache Junction, Arizona 300E Superstition Boulevard ri Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 6 "' File ID: 13-401 Sponsor. Kathy Connelly Agenda Date• 12/17/2013 Index. Local/State/Federal Statutory Requirement In Control City Council Meeting 4E. Application for an extension of premises for Elks Lodge#2349 for Paws 4 Life Charity Car Show on January 18, 2014, at 2455 N Apache Trail The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. Attachments.2013 ELKS LODGE CAR SHOW CC, 2013 elks lodge car show application,2013 elks lodge car sh City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 DECEMBER 4, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 17, 2013 APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 An application for an extension of premises has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for their Paws 4 Life Charity Car Show on January 18, 2014 at 2455 N. Apache Trail, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 Date payment received www.azliquor.gov (602)542-5141 CSR Initials APPLICATION FOR EXTENSION OFPREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR 0 Permanent change of area of service A non-refundable$50 fee will apply. Specific purpose for change. ❑✓ Temporary change for date(s)ofa?/18 /2014 through 01 /18 /2014 List specific purpose for change: PAWS 4 UFE CHARITY CAR SHOW 1 Licensee's Name. HENDERSON RALPH SMITH Last First Middle 2 Mailing Address. P.O.BOX 459 APACHE JUNCTION AZ 85117 City ZIP 3 Business Name. e.P o ELKS raw State #:14»0004 4 Business Address. 2455 N APACHE TRIAL APACHE JUNCTION PINAL AZ 85119 City COUNTY State Zip 5. Business Phone. (m ) 982-2349 Residence Phone.(480 ) 250-9382 6 Do you understand Arizona Liquor Laws and Regulations? El YES❑NO Fax#. ( ) andypierson t iva.com 7. Have you received approved Liquor Law Training?❑ NO❑■ YES If so,when does your Certificate expire? 03 /15 /2014 8. What security precautions will be taken to prevent liquor violations in the extended area? a iiourrrEO RANGERS SECURITY 9 Does this extension bnng your premises within 300 feet of a church or school? YES ■❑ NO 10. IMPORTANT' ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING Y UR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ❑Barrier Exemption an exception to the requirement of bamers surrounding a patio/outdoor serving area may be requested Barrier exemptions are granted based on public safety, pedestrian traffic,and other factors unique to a licensed premises List specific reasons for exemption Investigation Recommendation❑Approval ['Disapproval by Date: / / .... ""After completing sections 1-10,please take this application to your local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate. (Authorized Signature) (r ) (A9Y) ,--.:? I, / ,� �/ h/� rlJ/. 5o..�,bein first dui sworn uPon oath hereb deP ,swear and 3-Q�.' 11, '� (Print full name) ally of perjury, that I am the APPLICANT making the foregoing application I have read this application and the criinteift and all s ents a true, correct an plete "m State of i'fk7-014 i- County of ►ro.1 S R -i D x _ r ,,.ef SUBSCRIBED IN MY PRESENCE AND SwiORN TO before me*W (Signature of Owner or Agent) .Z,.6 Iclvt1h :Per Z.013 9 _ a _> Day or>ih Year O D My commission expires on /.4.1 1� W4.. m ?0 (Sign TARP PUBLIC) Investigation Recommendation 0 Approval ❑ Disapproval by. Date. / / Director Signature required for Disapprovais Date. / / 12/26/2012 *Disabled individuals requiring special accommodation,please call the Department(602)542-9027. I , 1 ,444.*:•:'&,,:‘,..,, ...:.1,„ - ,,,,,,q:,;:i?-,I.:t.,v:1‘.::, ',"".,,,_ -,;;;.:,,,'•. ,?4,41';.,:. -• . , : - :...!'"v_:....,...7.,;;;-,44:i.,..*!*0:A;75.4,:_‘,.:,_,-.4i.t.4;t4,;.i.,::4;„4:1.1.4„,...,;#4,5„..;:,:".:,..-.: , .,:...:t675sf,;40,..4:..,,,p , _ .. .. _ Area Needed for Car Show Lost Dutchman Blvd } r St Itt Sel Exit I Entrance . 1 i I I I BE Door - i i 1 ! 1 1 Co. t 7 i 1 t < rn: ) 1 i 1 1 ,6s 8 Extended Area Requested I i Elks Lodge i ' co i 1 i 1 1 I 11 i Fenced Patio i I 1 1 I I I 1 . _ I ) )111 l Parking far Cars 1 1 1 .1 • i Security Will be Posted Where Symbols Are RA Roped Off Area ! , 1 ) ri OPilteidle411/12G&41/ 044 Home of the Superstition Mountains 4� November 26, 2013 Ralph Henderson Apache Junction Elks Lodge#2349 P.O. Box 459 Apache Junction, AZ 85117 Dear Mr. Henderson: Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for Paws 4 Life Charity Car Show to be held January 18, 2014, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on December 17, 2013, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at(480) 982-8002. Sincerely, Kathleen Connelly City Clerk • Za7 •Voice(480) 982-8002 • FAX(480)982-7018 •TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 NOVEMBER 26, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr. Ralph Henderson has submitted an application for a temporary extension of premises for the Paws 4 Life Charity Car Show to be held on January 18, 2014, at the Elks Lodge, 2455 N Apache Trail (Highway 88), Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Tuesday, December 3, in order for this item to be placed on the agenda for the City Council meeting of December 17, 2013. Janet Mason From: Rudy Esquivias Sent: Tuesday, December 03, 2013 2 47 PM To: Janet Mason; 'John Suniga',Jeff Robinson Subject. RE. Extension of premises application for Elks Lodge#2349 for Paws 4 Life Charity Car Show Jan The Planning Division has no concerns or objections to this request,just as long as the Elks operate this event as they have in the past, with a roped off beer garden area and with adequate security We further recommend that they water down the activity area prior to the event to keep the dust down Please call me with any zoning related questions Thanks. CALtd 0C4Llieit16 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias®ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Janet Mason Sent: Tuesday, November 26, 2013 3:50 PM To: 'John Suniga'; Rudy Esquivias; Jeff Robinson Subject: Extension of premises application for Elks Lodge #2349 for Paws 4 Life Charity Car Show Please have your department recommendation to me no later than Tuesday,December 3 Thanks Jan 1 3r f'f i'NTiI ,w ?y Apache Junction Police Departmentfir Memorandum ,4 trial DATE December 2, 2013 TO: Jan Mason, Deputy City Clerk Chief Thomas Kelly -✓ THROUGH. Captain Troy Mullender ,, FROM• Lieutenant Jeff Robinson te---- SUBJECT: Elks Lodge Extension of Premises Mrs Mason, I have reviewed the application and diagram supplied by Mr. Henderson and did a physical inspection of the proposed sight The plan has not changed from the previous years and requirements are the same The elks Lodge has in the past, and presently plans to have security for this upcoming event. There were no issues or calls for police service in previous years. Therefore the Police Department has no reason to decline the application for the extension of premises. OF >�nson de- '.,.." .=:--------- -atrol and SWAT Operations Lieutenant __ _ i Q. o Apache Junction Fire District FAI 4. 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 7.J lFDIS1° www.ajfire.org MEMORANDUM TO. Janet Mason,Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 FROM John Sump,Deputy Fire Marshal DATE November 26,2013 SUBJECT Application For Temporary Extension of Premises for Elks Lode#2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N Apache Trail as related to event to be held on January 18, 2014 We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. Jos ATTN: Application ROLL CALL VOTE V)\0 NOTES: \\1? \\\ ),,, vo, ITEM # MEETING Of li,OAN'' MOTION BY: 411 SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER 1 COUNCILMEMBER WILSON J MAYOR INSALACO J UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Asa r► ITEM NO. 6 I MOVE THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING PIN 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB#1246 FOR LOST DUTCHMAN DAYS, FEBRUARY 21-23,2014 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. AEI. h - f . City of Apache Junction, Arizona 300E Superstition 0 Boulevard 5 Agenda Item Cover Sheet Apache Junction,AZ 85119 �1,. a.' Agenda Item No.7. Try`'' File ID: 13-403 Sponsor: Kathy Connelly Agenda Date• 12/17/2013 Index. Local/State/Federal Statutory Requirement In Control City Council Meeting Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for Lost Dutchman Days to be held February 21-23, 2014, at 1590 E Lost Dutchman Boulevard Consideration and action Attachments.2013 superstition mountain rotary lost dutchman days cc,2013 superstition mountain rotary lost dut Amok City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 DECEMBER 4, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR DECEMBER 17, 2013 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 An application for a Special Event Liquor License has been submitted by Mr. Michael Cowan of Superstition Mountain Rotary Club #1246 for Lost Dutchman Days to be held February 21-23, 2014, at 1590 E. Lost Dutchman Boulevard, Apache Junction, Arizona Correspondence has been received from the planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Uri Cl_F` i; i 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 2�1;11G`s! 25 PM to �'� (602) 542-5141 i / ',C+iE JU kICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of$25.00 will be charged for all dishonored checks(A.R.S.§44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING "*Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section#20) LICENSE # 1 Name of Organization: SUPERSTITION MOUNTAIN ROTARY CLUB#1246 DISTRICT 5510 2. Non-Profit/I.R.S. Tax Exempt Number. 86-6038193 3. The organization is a. (check one box only) D Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ✓❑Civic ❑ Religious ❑ Political Party, Ballot Measure,or Campaign Committee 4. What is the purpose of this event?❑✓ on-site consumption ❑off-site consumption (auction) ❑ both TO RAISE FUNDS TO BE GIVEN TO WORTHY ORGANIZATIONS BENEFITTING THE YOUTH OF OUR COMMUNITY 5. Location of the event' 1590 E. LOST DUTCHMAN BLVD APACHE JUNCTION PINAL 85219 Address of physical location(Not P 0 Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named In Question#1. (Signature required In section#18) 6. Applicant: COWAN MICHAEL BERNARD 9/14/54 Last First Middle Date of Birth 7. Applicant's Mailing Address: 17844 E PACANA CT GOLD CANYON AZ 85118 Street City State Zip 8. Phone Numbers: (450 )983-2181 (NIA ) (480 )889-3812 Site Owner# Applicant's Business# Applicant's Home# 9 Date(s)& Hours of Event: (see A.R.S.4-244(15)and (17)for legal hours of service) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: FEB. 21 2014 FRIDAY 10:00 AM 11 59 PM Day 2: FEB. 22 2014 SATURDAY 10.00 AM 11.59 PM Day 3: FEB. 23 2014 SUNDAY 10:00 AM 11'59 PM Day 4. Day 5: Day 6: Day 7• Day 8: Day 9: Day 10' September 2011 *Disabled individuals requiring special accommodations,please call(602)542-9027 10. Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? ❑YES ❑✓ NO (attach explanation if yes) 11. This organization has been issued a special event license for 3 days this year, including this event (not to exceed 10 days per year) 12. Is the organization using the services of a promoter or other person to manage the event?❑YES ❑✓ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds Account for 100%of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name SUPERSTITION MOUNTAIN ROTARY CLUB#1246 DISTRICT 5510 50%GROSS Percentage Address PO BOX 565 APACHE JUNCTION AZ.85117 Name NJ MOUNTED RANGERS/SUPERSTITION PROMOTIONAL CORP. 25%NET EACH 50% NET Percentage Address PO BOX 699/ PO BOX 5241 APACHE JUNCTION AZ. 85178 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES" 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) c'ULL #Police ❑✓ Fencing 20 #Security personnel [✓] Barriers TRAINED AJ RANGERS(URIFORMED ARO MOUNTED OFFICERS)WILL PROVIDE SECURITY Al ALL GATES AND BEER STANDS.POTENTIAL UIDERADE IYMIB(ERS MI BE REQUIRED TO VERIFY AGE INTTN PICTURE S.D. AND UPON PROVIPIG AGE APO CwfXTION PRl BE PANT BANGED BY ID,SERVICE AT CENTRAL LOCATIONS OR BEER STANDS.BEVERAGES MAY NOT BE BROJGMY PI OR REMOVED FROM THE EVENT AREA.THE APACHE JUNCTION POLICE DEPARTMENT WILL BE REQUESTED IF ASSISTANCE IS REQUIRED. 16. Is there an existing liquor license at the location where the special event is being held? ❑YES ❑✓ NO If yes,does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑YES ❑NO (ATTACH COPY OF AGREEMENT) Name of Business — ) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#1 18 I MICHAEL BERNARD COWAN declare that I am an Officer/Director/Chairperson appointing the N (Print full name) ap i nt listed in do ,to apply on behalf of the foregoing organization for a Special Event Liquor License }( CHAIRPERSON 10/18/2013 (aso ) 689-3812 ( ature (Title/Position) (Date) phone#) :� .. ,. L County( of �1 I re.- a�','a: ,•- �;k AZON The foregoing instru ent was nowled ed before me this 9 Af;; .\ ,icy-wly PUOUC-ARIZONA 9_t , {n O �� �; Pinat County � '` ti My Commission Ex fires J January 4.20 o ear My Commission eXpires on. (Date) (Signature of NOTARY P ) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19 I MICHAEL BERNARD COWAN declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I ha = --d the application and the contents and all statements are true,co and complete. qF; (- .f i\L County of �/ ..—..ut ` ' '' • IZONA he for oin inZnature m raAl�lfdcnowledged before me this NOTAR '�= e��`'1 N v C (Signature) 1. 4 •. • ' psnet County }� r y -. ,� *Iv'.. y Commission Expires b, .�o•' anua_14.2016 Day Month Year My commission expires on: f lit1 (pate) { & BL2JY I You must obtain local government approval. City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20 I, hereby recommend this special event application (Government Official) (Title) on behalf of (City,Town or County) (Signature of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY- (Title) (Date) 1 • .. _ . ainkia sem and Id*Ibis at endow,and asculty Na es floe MAN arm s,Malawi Or road b &o. dodoesn'tbrabraan.Waves. P am) TESaadi Mont Mama r RK*F' f hRIrI�►� N T fii f pefoc •••••••••••• 4114fr Bifigtig III "OM' 647r 4et‘rnebr ME" "4 61 • r"" IL I cAprz-- irrr< 4ponvo 44I E 60TE ICt Aosr pvTGNA744, C1.v17 A t-8 s riwos (5PEP Dut2r - Rom Evgvr A- BEER SIVA) o PEA' _roil Re4100 PASOCE. 'r 8FR 1'Q5 0PE ' MOWN osir Ev yr it F-._..: _;: PA,vAre. ca4rrp &Oxon, ARE46 cbirivErerr "44srAtrEWiwr Rif fi PtRwa moiL. Aror 6u0 cr -texder Li ioi t lc a . La. Wit 4,0k4adtez111~149/11/ OPrillik: Home of the Superstition Mountains November 26, 2013 Michael Cowan Superstition Mountain Rotary Club #1246 17844 E Pacana Court Gold Canyon, AZ 85118 Dear Mr. Cowan: Re: Application for Special Event Liquor License Please be advised that your application for a Special Event Liquor License for Lost Dutchman Days for February 21-23, 2014 has been scheduled for a public hearing. The public hearing will be at the Apache Junction City Council regular meeting on December 17, 2013, at 7:00 p.m., at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002, option 5. Sincerely, 14( / Kathleen Connelly City Clerk j- !"44-7 _I-?- 4_,_- •Voice(480)982-8002 • FAX(480)982-7018 • TDD(480) 983-0095 • www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 NOVEMBER 26, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 Mr Michael Cowan has submitted an application for a special event liquor license for February 21-23, 2014, for Lost Dutchman Days, located at 1590 E Lost Dutchman Boulevard, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, December 3, 2013, in order for this to be heard at the city council meeting of December 17, 2013 Janet Mason From: Rudy Esquivras Sent- Monday, December 02, 2013 5:41 PM To: Janet Mason Subject: RE Special event liquor license for Superstition Mountain Rotary Club for Lost Dutchman Days Jan: The Planning Division has no objections or concerns with regard to this special event Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias®aj city net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6.00pm, closed Fridays and Holidays.) From: Janet Mason Sent: Tuesday, November 26, 2013 10:48 AM To: 'John Suniga'; Rudy Esquivias; Jeff Robinson Subject: Special event liquor license for Superstition Mountain Rotary Club for Lost Dutchman Days Please have your department recommendation to me by Tuesday, December 3, Thanks 1 �J�'Zr ►A i T9Nti:i ` . `' Apache Junction Police Department Memorandum ..k DATE. December 2, 2013 TO. Jan Mason, Deputy City Clerk Chief Thomas Kell THROUGH Captain Troy Mullen FROM: Lieutenant Jeff Robinson SUBJECT Superstition Mountain Rotary Club Special Event Liquor License. Mrs Mason, I have reviewed the application and diagram supplied by Mr Coven and did a physical inspection of the proposed sight The plan has not changed from the previous years and requirements are the same The Rotary Club has in the past, and presently plans to have security for this upcoming event There were no issues or calls for police service in previous years. Therefore the Police Department has no reason to decline the application for the special event/Rodeo and Carnival. atrol and SWAT Operations Lieutenant _ p CFAI Apache junction Fire District „av: E t:. % rt evCa` SMUligi_ 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 1"Fo140.44 a0 ° www ajfire org \\� MEMORANDUM TO: Janet Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM John Suniga, Deputy Fire Marshal DATE• November 26,2013 SUBJECT Application For Special Event Liqour License—Lost Dutchman Days The Apache Junction Fire District has reviewed the submitted documentation for 1590 E Lost Dutchman as related to event to be held on February 21-23, 2014 We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event Thank you for your notification on this matter .•.. Jos ATTN Application ROLL CALL VOTE NOTES. / \\ 1/\\ ITEM # r MEETING O 1 MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY (--CAVKLLMEMVPRIZZili, COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO J UNANIMOU f IN FAVOR OPPOSED ABSTAINED TOTAL V ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23, 2014 BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. ON ON PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 20,2014 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. "sCF 300E Superstition City of Apache Junction, Arizona kr Boulevard ..' k= Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 13-404 Sponsor- Kathy Connelly Agenda Date 12/17/2013 Index Local/State/Federal Statutory Requirement In Control City Council Meeting AN. Application for a special event liquor license for Elks Lodge#2349 for Lost Dutchman Days on February 20, 2014 at 2455 N Apache Trail Consideration and action Attachments:2014 lost dutchman days elks lodge CC, 2014 lost dutchman days elks lodge special event applica City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 DECEMBER 4, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR DECEMBER 17, 2013 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS An application for a special event liquor license has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for Lost Dutchman Days on February 20, 2014 at 2455 N Apache Trail, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25 00 per day for 1-10 day events only A service fee of$25.00 will be charged for all dishonored checks(A R S.§44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (Section#20) LICENSE # 1. Name of Organization B.P O.ELKS#2349 (i,) /Y2 Non-Proft/I R S Tax Exempt Number 5' l I ( )- ] F&-P a op '/s" 3 The organization is a: (check one box only) ❑ Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑Civic ❑ Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4 What is the purpose of this event?[]on-site consumption 0 off-site consumption (auction) ❑ both LOST DUTCHMAN DAYS KICKOFF BEER AND BRAT FEAST 5 Location of the event: 2455 N.APACHE TRAIL APACHE JUNCTION PINAL 85119 Address of physical location(Not P O.Box) City County Zip Applicant must be a member of the Qualifying organization andauthorized by an Officer.Director or Chairperson of the Organization named in Question Ii#1. (Signature required in section O15 6. Applicant: HENDERSON RALPH SMITH 09/12/1948 Last First Middle Date of Birth 7 Applicant's Mailing Address. 1899 S.MORENO ST APACHE JUNCTION AZ 85120 Street City State Zip 8. Phone Numbers- (440 ) 982-2349 C480 ) 250-9382 (480 ) zso-93S2 Site Owner# Applicants Business# Applicant's Home# 9 Date(s)&Hours of Event: (see A.R.S 4-244(15)and(17)for legal hours of service) Date Day of Week Hours from A.M./P.M To A.M/P M Day 1. 02/20/2014 THURSDAY 12:00pm 9:00pm Day 2 - Day 3. Day 4: Day 5: _ Day 6 Day 7 Day 8 Day 9: Day 10. September 2011 *Disabled individuals requiring special accommodations,please call(602)542-9027 10 Has the applicant been convicted of a felony in the past five years,or had a liquor license revoked? El YES ✓0 NO (attach explanation if ves) 11 This organization has been issued a special event license for ° days this year, including this event (not to exceed 10 days per year) 12 Is the organization using the services of a promoter or other person to manage the event?[]YES []NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100%of the proceeds THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name B P O ELKS#2349 100% Perot: Address P O BOX 459, APACHE JUNCTION AZ 85117 Name Address (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE•ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15 What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control tamers if applicable) #Police Ej Fencing 'Z #Secunty personnel 0 Bamers A.J MOUNTED RANGERS SECURITY 16. Is there an existing liquor license at the location where the special event is being held? []✓ YES NO If yes,does the existing business agree to suspend their liquor license during the time period,and in the area in which the special event license will be in use? 0 YES NO (ATTACH COPY OF AGREEMENT) B.P.O.ELKS#2349 (480 ) 982-2349 Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. ro- ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL, The B.P.O. ELKS LODGE #2349, license # 1411004 agrees to suspend there liquor license on 02/20/2014, in the area on the attached diagram for the hours of 12:00pm to 9:00pm. B.P.O. Elks Lodge #2349 nse Agent Iph Henderson THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION#H 18 1 RALPH SMITH HENDERSON declare that I am an OfriserIDirectorlChairperson appointing the (Print full name) a .i. li in Question 6,to a on behalf of the foregoing organization for a Special Event Liquor License. X a %vc r .0"�—r HOUSE COMMITEE CHAIRMAN 11/18/2013 (480 250-9382 (S' (Title/Position (Date) (Phone#) ,•", REINA K LASASSQS e of ��tfVe— _ l'rla'I County of_ .�"Ti►-L.4v►a- 4'�' NOTARY PUBLIC ARIZONA PINAL COUNTY The foregoing instrument was acknowledged before me this p �. • �: My Commission Expires 0 h nrr' _t) __ January 25, 015 Day Year My Commission expires on. • `C . e) (Sig T Y PU IC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION#6 19. I_ RALPH SMITH HENDERSON declare that I am the APPLICANT filing this application as (Print full name) 10 -.• in Question 6 I have read the application and the contents and all statements are true,correct and complete. i / ._� l-LOY''�. in 2.1 S +Q^f County of 1 X ir�i m var t . -- K LA g instrument was acknoMedged before me this ( ) r NOTARY PUBLIC ARIZOt�,� aot NALCOF�N#--�-�M vnission Month Year My commission expires on . ..►_._ ---'r"e"y 25'2a 'Date) (Signature of UBLIC) You must obtain local government approval. City Or County..WUST recommend event and complete item *20. The local governing body may require additigpal applications to be completed and submitted 60 days in advance of the event Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, herebyrecommend this (Government Offaal) (Tide) special event application on behalf of (City,Tom or County) (Signature of OFFICIAL) (Date) j FOR DLLC DEPARTMENT USE ONLY Department Comment Section (Employee) (Date) 'APPRovE• () OISAPPIVE• :Y- (Title) (Date) Area Needed Lost Dutchman Blvd I �i Exit I Entrance * 1 1 Lyng DoOI' 1 Z i6 ► ` I im o __,. Extended area Requested I 1; Elks Lode 9, m - ! co I, 1 11 1 1 r 1 11 :fr t I ,;_ Fenced Patio I I 1 i i I I I 1 Security Will be Posted Where Symbols Are M Roped Off Area —— -- — -- • .CH, .44 . ray,60/ei#AarAezo#TWW/4404// i - ' ": Home of the Superstition Mountains 4 November 26, 2013 Ralph Henderson Apache Junction Elks Lodge#2349 P.O. Box 459 Apache Junction, AZ 85117 Dear Mr Henderson: Please be advised that your application for an Special Event Liquor License for Elks Lodge #2349 for Lost Dutchman Days to be held February 20, 2014, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on December 17, 2013, at 7.00 p.m in the City Council Chambers, 300 E Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at(480) 982-8002. Sincerel , Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018•TDD(480)983-0095 •www aicity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 NOVEMBER 26, 2013 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY, ADMIN. SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 Mr Ralph Henderson has submitted an application for a special event liquor license for Lost Dutchman Days to be held on February 20, 2014, at the Elks Lodge, 2455 N. Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Tuesday, December 3, in order for this item to be placed on the agenda for the City Council meeting of December 17, 2013. Janet Mason From: Rudy Esquivias Sent: Wednesday,December 04, 2013 11:20 AM To: Janet Mason Subject: FW Elks Lodge special event liquor license for Lost Dutchman Days From: Rudy Esquivias Sent: Tuesday, December 03, 2013 3:04 PM To: Janet Mason; 'John Suniga', Jeff Robinson Cc: Brad Steinke Subject: RE: Elks Lodge special event liquor license for Lost Dutchman Days Jan: The Planning Division has no objections to this request, as long as the Elks operate this event as they have in the past, with a roped off beer garden area and adequate security personnel We further recommend that they water down the activity area prior to the event to keep the dust down Thanks. v LL4 ctlquiViac6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From:Janet Mason Sent:Tuesday, November 26, 2013 4:42 PM To: 'John Suniga'; Rudy Esquivias; Jeff Robinson Subject: Elks Lodge special event liquor license for Lost Dutchman Days Please have your department recommendation to me no later than Tuesday, December 3. Thanks. Jan 1 Janet Mason From: Jeff Robinson Sent. Wednesday, December 04, 2013 10.55 AM To: Janet Mason Subject: RE liquor license recommendations I did not receive one for the car show but I have approved the others and sent them to the chief I would see no problem with the car show as it has been a success in previous years.Can you send me the one for the car show? From: Janet Mason Sent: Wednesday, December 04, 2013 8:32 AM To: Jeff Robinson Subject: liquor license recommendations Jeff I sent three to you last week and have not received any response. I need these by 2 p.m.at the latest today so I can get them into the computer for the 12/17 meeting. If not, it will go without a PD response Need: Special event liquor license for Superstition Mountain Rotary Club for Lost Dutchman Days. Extension of premises for the Elks for the car show on January 18 Special event liquor license for the Elks for Lost Dutchman Days on February 20 Thanks, Jan 1 CFAI kil1Ner Apache Junction Fire District 4Q.��S-sp a� Z 565 North Idaho Road, Apache Junction, AZ 85119 LIDLY iv ME•F nS �� Phone (480) 982-4440, Fax (480) 982-0183 t �` �EDISS�� www ajfrre.org MEMORANDUM —r TO Janet Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM John Suniga,Deputy Fire Marshal DATE November 26, 2013 SUBJECT Application For Temporary Extension of Premises for Elks Lod2e#2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N Apache Trail as related to event to be held on February 20, 2014 We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event Thank you for your notification on this matter Jos a ATTN Application ROLL CALL VOTE NOTES: \ Vry.c .y)la r Aft. V\ 1).:\\'' 1 '71)1 ) 3 ITEM # g MEETI G OF MOTION BY SECONDED BY: ES NO ABSTAINED VICE MAYOR BARKER I COUNCILMEMBER WALDRON COUNCILMEMBER WILSON 'J COUNCILMEMBER EVANS tOt41� 1�C�1 14EJDT -E-R.RlJ4— COUNCILM EMBER SERDY MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE#2349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 20, 2014 BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL rrLr 300E Superstition City of Apache Junction, Arizona Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 9 File ID 13-400 Sponsor. Kathy Connelly Agenda Date- 12/17/2013 Index: Local/State/Federal Statutory Requirement In Control City Council Meeting Legal Advertising Agreement with the Arizona Republic State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc This agreement is from January 1, 2014 through December 31, 2014 Consideration and action Attachments.2014 az republic agreement, 2014 az republic email and attachments City of Apache Junction,Arizona Page 1 Printed on 12/10/2013 NOVEMBER 21, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT LEGAL ADVERTISING AGREEMENT (NEW BUSINESS ITEM FOR DECEMBER 17, 2013) State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc. (A.R S § 39-204) The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A.R.S § 39-201) This statute prohibits the use of our two weekly papers The Mesa Tribune no longer has paid subscribers or paid delivery within the city The Arizona Republic does meet statutory requirements. The rates are the same as they have been for the last three years. Mesa Republic - to $0 33 per line per day. Arizona Republic - to $0 80 per line per day. Attached is a copy of the legal advertising agreement and pertinent sections of state law Please let me know if you have any questions Janet Mason From: Petty, Ondrea [Opetty@republicmedia.com] Sent: Wednesday, November 13, 2013 10.41 AM To: Janet Mason Cc: Weaver, Tabitha Subject: Legal Advertising Agreement 2014 Attachments: 2013 Community Republic Zones pdf; CITY OF APACHE JUNCTION 2014 pdf Hi Janet, Attached is the 2014 legal advertising agreement and a current zone map Please review, sign and send back the signed agreement. Please let us know if you have any questions. As always we enjoy doing business with the City of Apache Junction. Thank you! Ondrea Petty,MBA Supervisor I Legal Advertising 602-444-7377 opettvPrepublicmedia.com www.azcentral.com www publicnoticeads corn Subscribe to The Arizona Republic and azcentral corn for full access to all things Valley of the Sunl Call 602-444-4444 or visit fullaccess azcentral corn! Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2014—December 31, 2014 Publication Zone* Pub Days Agreement Rate Wednesdays Mesa Republic 11 $ 0.33/ Fridays per Line/ •a section of the per Zone Arizona Republic _.__ ___ ._ __ on Wed,Fri,Sat, Saturdays Arizona Thursdays $ 0.25/ Business per Line Gazette Sunday Monday Arizona Republic Full Run Tuesday Classifieds 10.80 per line/per day Wednesday Thursday Friday Saturday •Arizona Republic(Full Run distribution)Classifieds publication option Is available at listed rate only for notices that require four consecu Itye publication dates,Purchasing Bld notices,or notices requiring Immediate publication as mandated by statutes >Pricing includes online postings to these public notice web listings(azcentral.com and PublicNoticeAds.com). All legal notice advertising will be typeset in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail ROP position ad rates (open rates)and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. All publication requests should be E-mailed to: leeal.advertisin2(a�pni.com Please reference account#169202 Contact person(s)for ad placement: • Tabltha Weaver, Legal Ad Rep,602-444-7333 • Legal advertising open line 602-444-7315 City of Apache Junction: Phoenix Newspapers, Inc.: Signed: Signed.0 Printed Name: Printed Name: Ondrea Petty Title: Title. Supervisor, Arizona Business Gazette Date: Date: 11/13/2013 ;as City of Apache Junction Deadline Schedule: Publication Pub Days Ad Submission Deadlines Ad Submission Deadlines Classified Liner Ads Classified Display Ads Mesa Wednesdays = prior Thurs. at Noon = prior Wednesday at 3:00 Republic Zone 11 Fridays = Monday at Noon = prior Friday at 3:00 Saturdays =Tuesday at 10am =Tuesday at 10am Sunday =Wednesday at Noon =Wednesday at Noon Monday Wednesday at Noon =prior Wednesday at Noon Arizona Republic Full Run Tuesday =Friday at Noon =prior Thursday at Noon Classifieds Wednesday =Monday at Noon =prior Thursday at Noon Thursday =Tuesday at Noon =prior Friday at Noon Friday Wednesday at Noon =Monday at Noon Saturday =Thursday at Noon Tuesday at Noon *Holiday and advanced deadlines will me e-mailed. 1 Phoenix Metropolitan Area Community Republic Zones 4,'C':**14.,',4.g. , .111/4,-,-,:if.r,-,:i.0 c€11y e t,1.1,zt� z Long �'rFita G 3 t '�7 }{tiari, iiti • i r r i ;,r' _ :Zone 3 �f} one •`,' , Zor =;t2I r.l r . :.' r - i' t t es2ss Zone 8 ,-. k-.. esaoa' Z ne aii ii . � one • a ��,YF t 1, i "' ' , Eik, k r: met 85,Q4 ',11,4 } 4. .,.. 8525/ 29. ,,,,..„,...,,,,,,,,.t,:::, _,,,,,,,..;:,144.....,,..1, C,� F2j Y 'Nr E. s i :: h tMl tr t{ F }'{e3 jjC, ` eS,od i t'i I 4 #ry ;_, `, PAW 1 4 .,, '.+r1. ii{, .i 1 ' ! ti d^� �z m+.ct,. #y]7,� K -14 IN•cw 7, ,,, ,,.„,,,„ , icitk } v � f tt}� •�l�Pr�,t•t:'R L` s �r �4xii �4 ., s i ! y � es1 1 -: t;"'+ t4 77f�`✓ Iva \al'iE�ii�li ® �� �''J „ -r �.' t '� i9E` ` � :firm e„ G1.o,", 'iT� ""�t� ttF - �[�"!y:� 7�Aud,. ,4 .',II., £ GitSi h..>L'V,te11 +t ? x ,f rry.. y s• ; 4 N:S h ss_�� i, £ .rt t '- ` ,,7 up^. ®4 � ' 'r R "�^ { y K { ,Y Iii • .it t T t r { 3 ; N a 't 4. e 1f ,�a-RRii 3is iC7 .aa, ,; ,,, t i at,. 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'*'.: a I f °� r < 4 � „ :fig- y _�( {5.ItiLk.,u, SR* 41 _ ; •. i��i so:: set• REPUBLIC I, :. w••• REPUBLIC ai ,• ROLL CALL 07TE NOTES V ,(/ e4,,, r Cj 'v l j,k1/4) arc ITEM # MEETING OF 4 MOTION BY SECONDED BY: VA/ 1- YES NO ABSTAINED M COUNCILMEMBER WILSON VICE MAYOR BARKERc COUNCILMEMBER SERDY V/ COUNCILMEMBER EVANS V COUNCILMEMBER WALDRON if MAYOR INSALACO �. UNANIM LES IN FAVOR OPPOSED ABSTAINED TOTAL � ITEM NO. 9 • I MOVE THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2014 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. ROLL CALL VOTE NOTES: , /\ V VU V ITEM # MEETING OF MOTION BY SECONDED BY k / YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI COUNCLMEMBER EVANS V MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEMS NO. 10-11 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, JANUARY 6, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M BE HELD ON TUESDAY, JANUARY 7, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: \k .9 I MOVE THAT THE MEETING BE ADJOURNED ATl P.M /0.16k • "lift 4, ROLL CALL ✓ II '✓ WS: `2-1, I\Q\ '') REG I°' 11 c1-7 SPEC: CITY COUNCIL: P / A P I A P / A MAYOR INSALACO ci VICE MAYOR BARKER l/ V COUNCILMEMBER EVANS J 7 I r� COUNCILMEMBER RIZZI COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER WILSON i/ V TOTAL 0 I 0) i .)\CITY STAFF. a lU 1 I City Manager George Hoffman 7 l Assistant City Manager Bryant , ` / Powell V City Clerk Kathleen Connelly 1 I,✓ City Attorney Joel Stern Public Safety Director Tom Kelly / / Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Brad Steinke Human Resources Director Liz Riley Ori\Y Assistant to the City Manager / ,�' Matt Busby V OTHERS: � r