Loading...
HomeMy WebLinkAbout2014 02.03 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ -` �► Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday, February 3,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 14-7 Discussion on appointment of Raymond Geiser as magistrate pro-tem. Section 5-1-3 of the Apache Junction City Code provides for the appointment of magistrates pro-tem. Mr. Geiser is a member of the State Bar of Arizona as required by that section. Discussion only. Sponsors: James Hazel 2. 14-28 Presentation and discussion on award of bid for a fully equipped, 32' mobile stage. One response was received to the bid solicitation. Staff recommends the bid be awarded to the sole bidder, Century Industries, in an amount not to exceed $158,154.00. Presentation and discussion. Sponsors: Nick Blake Attachments: Mobile Stage Bid.pdf 3. 14-27 Presentation and discussion on award of bid for Prospector Park Sport Court and American Disabilites Act(ADA) Improvements (Parks and Recreation Project No. PR-14-01)to ValWest Construction, Inc., in an amount not to exceed $305,658.93. Presentation and discussion. Sponsors: Nick Blake Attachments: Sports Court and ADA Improvements.pdf 4. 14-29 Presentation and discussion with Parks and Recreation staff on the bid solicitation process to secure leasing for the replacement of cardio fitness equipment at the Multi-Generational Center. The request for bid was posted on January 13, 2014 and began accepting responses on January 29, 2014. Staff plan to return to council for the award of bid at the February 18 city council meeting. Presentation and discussion. Sponsors: Liz Langenbach City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Work Session Agenda February 3,2014 5. 14-20 Presentation and discussion on Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center for support of transportation services and authorizing the mayor to sign a pass-through agreement. Presentation and discussion. Sponsors: Heather Patel Attachments: Council Report WS 14-01 Resolution No 14-01 Pass Thru Agreement 6. 14-21 Presentation and discussion on Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant allocation to be directed to Community Alliance Against Family Abuse for the rehabilitation of their domestic violence shelter and authorizing the mayor to sign a subrecipient agreement. Presentation and discussion. Sponsors: Heather Patel Attachments: Council Report WS 14-02 Resolution No 14-02 Subrecipient agreement 7. 14-22 Presentation and discussion on Resolution No. 14-03 recommending the city repeal Resolution No. 92-18 in order to update the city's complaint and grievance procedure under Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964. Resolution No. 14-04, also on tonight's agenda, would replace Resolution No. 92-18 to accomplish this. Presentation and Discussion. Sponsors: Heather Patel Attachments: Council Report WS 14-03 Resolution No 14-03 92-18 8. 14-23 Presentation and discussion on Resolution No. 14-04 recommending the city council adopt a new Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964 complaint and grievance procedure. Presentation and discussion. Sponsors: Heather Patel Attachments: Council Report WS 14-03 and 14-04 Resolution No 14-04 Complaint process City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Work Session Agenda February 3,2014 9. 14-33 Presentation and discussion on Resolution No. 14-05, a resolution expressing the city's support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. Presentation and discussion. Sponsors: Matt Busby Attachments: Resolution 14-05 HURF DRAFT D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7:00a—6:00p, excluding holidays, from the City Clerk's office located at: 300 East Superstition Boulevard,Apache Junction,AZ If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. City of Apache Junction,Arizona Page 3 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. Piz File ID: 14-7 Sponsor: James Hazel Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Discussion on appointment of Raymond Geiser as magistrate pro-tem. Section 5-1-3 of the Apache Junction City Code provides for the appointment of magistrates pro-tem. Mr. Geiser is a member of the State Bar of Arizona as required by that section. Discussion only. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. �Pii File ID: 14-28 Sponsor: Nick Blake Agenda Date: 2/3/2014 Index: In Control: City Council Meeting Presentation and discussion on award of bid for a fully equipped, 32' mobile stage. One response was received to the bid solicitation. Staff recommends the bid be awarded to the sole bidder, Century Industries, in an amount not to exceed $158,154.00. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 f PACI-E J UNGII CN PhB.SS ds&PJC AFh -- City of Apache Junction _Come of the Superstition Wountains cParks and gzfflcreation Department locatedat the Northeast corner of Superstition Blvd sZ Idaho Wpad MEMORANDUM TO: Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Jeff Bell, Parks &Recreation Directo n6 FROM: Nick Blake, Parks Superintendent DATE: January 16, 2014 SUBJECT: Award of Bid for the Parks and Recreation Department Mobile Stage (PR-14-02) The procurement of a mobile stage to enhance community events is included in the city council legislative work plan for this fiscal year. Funding for the stage will come from previously collected development impact fees. Bids for the fully equipped 32' mobile stage were solicited in accordance with city procurement procedures and opened on January 14, 2014. Century Industries was the sole bidder. The bid results are as follows: CENTURY INDUSTRIES $158,154.00 299 Prather Lane P.O. Box C Sellersburg, In. 47172 Based on the results listed above staff recommends the bid be awarded to Century Industries Inc. in the amount not to exceed 158,154.00. See Attachment of City Clerks Bid Opening Tabulation. Your consideration of this recommendation is appreciated. 300 E. SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice* (480)982-2438 Fax*(480)983-0095TDD BID OPENING TITLE OF BID OPENING: MOBILE STAGE BID PROJECT NUMBER: PR 14-02 DATE OF BID OPENING: JANUARY 14, 2014 — 2:00 P.M. COMPANY NAME &ADDRESS COST PROPOSAL CENTURY INDUSTRIES $158,154 299 Prather Lane P.O. Box C Sellersburg, IN 47172 /j zt,, Jeff Janet . Mason P s and Recreation Director rDeput City Clerk t ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. �Pii File ID: 14-27 Sponsor: Nick Blake Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on award of bid for Prospector Park Sport Court and American Disabilites Act(ADA) Improvements (Parks and Recreation Project No. PR-14-01)to ValWest Construction, Inc., in an amount not to exceed $305,658.93. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PPACHEJUNC CN BFKUM City of A Junction Yfome of the Superstition Mountains Tarkj and Q§creation Department Located at the Northeast corner of Superstition BCvd eZ Idaho wpad MEMORANDUM TO: Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Jeff Bell, Parks & Recreation Director�� NF)FROM: Nick Blake, Parks Superintendent DATE: January 16, 2014 SUBJECT: Award of Bid for Prospector Park Sport Courts and ADA Improvements (PR-14-01) The proposed construction of the Prospector Park Sport Courts and ADA Improvements is included in the city council legislative work plan for this fiscal year. The project scope includes grading, concrete walkways, post tension concrete tennis and pickleball courts and other related work. Funding for the project will come from previously collected development impact fees. Bids for the project were solicited in accordance with city procurement procedures and opened on January 14, 2014. Two contractors submitted bids. The bid results are as follows: NICKLE CONTRACTING VALWEST CONSTRUCTION INC. 6267 S. 157t Way 1372 N. Nielson St. Gilbert, Arizona 85248 Gilbert, Arizona 85334 BASE BID `AE BASE BID `A' $349,923.00 $277,871.75 The engineer's estimate for the construction of this project was $279,925.00 Based on the results listed above staff recommends the City Council award Base Bid 'A' to Valwest Construction Inc. with their bid of $277,871.75. In addition I recommend providing an extra 10% of $27,787.18 to be used only in the event unforeseen conditions occur which may result in the need for a change order. This will result in a $305,658.93 total bid award. See Attachment of City Clerks Bid Opening Tabulation. Thank you for your consideration regarding this bid. 300 E. SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice*(480)982-2438 Fax*(480)983-0095TDD BID OPENING TITLE OF BID OPENING: PROSPECTOR PARK SPORT COURTS AND ADA IMPROVEMENTS BID PROJECT NUMBER: PR 14-01 DATE OF BID OPENING: JANUARY 14, 2014—2:00 P.M. COMPANY NAME & ADDRESS COST PROPOSAL NICKLE CONTRACTING, LLC $349,923.00 6267 S. 157th Way Gilbert, AZ 85298 Val-E-West Construction, Inc. $277,871.75 dba ValWest Construction, Inc. 1372 N. Nielson St. Gilbert, AZ 85234 Representatives in attendance: Kurt Montei, J2 Design Curt Easton, Nickle Contracting Jerry Burgess, ValWest Construction OP �!I / +Depy Jeff on Pa s and Recreation Director Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. '+PizoN* File ID: 14-29 Sponsor: Liz Langenbach Agenda Date: 2/3/2014 Index: In Control: City Council Meeting Presentation and discussion with Parks and Recreation staff on the bid solicitation process to secure leasing for the replacement of cardio fitness equipment at the Multi-Generational Center. The request for bid was posted on January 13, 2014 and began accepting responses on January 29, 2014. Staff plan to return to council for the award of bid at the February 18 city council meeting. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 14-20 Sponsor: Heather Patel Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund II allocation be directed to the Apache Junction Active Adult Center for support of transportation services and authorizing the mayor to sign a pass-through agreement. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: January 22, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Local Transportation Assistance Fund II Application for Fiscal Year 2014 REQUEST Presentation and discussion on Resolution No. 14-01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund(hereinafter"LTAF") II allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the Mayor to sign a pass-through agreement. BACKGROUND Pursuant to the court order filed in Paisley v. Darwin, the State Treasurer resumed distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County in Fiscal Year 2012. To date, the Legislature has not enacted any statute that would supersede the court order and Valley Metro Regional Public Transportation Authority ("RPTA") continues to receive monthly distributions of lottery revenues for public transportation purposes. Lottery revenues for FY2014 are estimated to be $11,224,800. Maricopa County and jurisdictions within the county that receive LTAF funding are required to use the funding for public transportation. There is no local match requirement for these funds. Public transit is defined as any service, vehicle(s), or support facility for a vehicle(s), intended for the purpose of conveying multiple passengers (i.e. typically 5 or more) and which meets applicable state and federal safety and accessibility laws, rules, and regulations. The definition also includes the planning and administrative support for such services. It is the intent of the program to provide funds for the purpose of providing transit service or facilities that is available to the following populations: 0 The general public; • Elderly persons; • Persons with disabilities; • Welfare recipients and"low-income"persons engaged in employment activities. Funding will be distributed directly to eligible jurisdictions in the county and includes Maricopa County, and cities and towns within the county. In the case of private, not-for-profit agencies and private, for-profit transit providers, the city receiving the LTAF funding must enter into an agreement with the proposed operator to provide the transportation service approved by the city council. The agreement, accompanied by council resolution, must be available to Valley Metro RPTA as evidence of the agreement. DISCUSSION To receive the funds allocated to Maricopa County communities, jurisdictions must apply annually. In FY 2014, Apache Junction will receive $865. An application was submitted November 4, 2013 to the Valley Metro Regional Public Transportation Authority. Barring any objections, staff will place Resolution No. 14-01 on the February 18, 2014 consent agenda. RECOMMENDATION Staff respectfully requests, the city council receive a presentation and discuss Resolution No. 14- 01 recommending the city's Fiscal Year 2014 Local Transportation Assistance Fund(hereinafter "LTAF") II allocation be directed to the Apache Junction Active Adult Center(dba East Valley Adult Resources) for support of transportation services and authorizing the mayor to sign a pass- through agreement. ACTION REQUIRED Presentation and discussion. Attachment 1: Resolution Number 14-01 Attachment 2: Grant pass-through agreement between the City of Apache Junction and East Valley Adult Resources. RESOLUTION NO. 14-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE VALLEY METRO REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR PARTICIPATION IN ITS FISCAL YEAR 2014 LOCAL TRANSPORTATION ASSISTANCE FUND II PROGRAM. WHEREAS, the City of Apache Junction is desirous of meeting the transportation needs of its citizens; and WHEREAS, East Valley Senior Adult Resources, Inc . , which manages the Apache Junction Active Adult Center, has requested assistance from the City in meeting the transportation needs of senior citizens residing within the City limits; and WHEREAS, pursuant to Arizona Revised Statutes Section 28-8101, et seq. , the Valley Metro Regional Public Transportation Authority ( "RPTA" ) is administering the Local Transportation Assistance Fund (hereinafter "LTAF" ) II Program; and WHEREAS, the activities within this grant address identified community needs; and WHEREAS, a grantee of LTAF II funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize application to be made to the RPTA for Fiscal Year 2014 LTAF II funds . 2) The City Manager or his designee is authorized to sign an application for receipt and use of these funds in an amount not to exceed $865 . 00 for East Valley Adult Resources, Inc . for its transportation program for the Apache Junction Active Adult Center. 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said grant . 4) The application for Maricopa County LTAF II funds meets the program requirements for the transportation of senior RESOLUTION NO. 14-01 PAGE 1 OF 2 citizens, persons with disabilities and/or the general public . 5) The City of Apache Junction shall comply with all LTAF II guidelines, federal statutes and regulations applicable to the LTAF II Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-01 PAGE 2 OF 2 When recorded return to: Richard Joel Stern, Esq. Apache Junction City Attorney 300 East Superstition Blvd. Apache Junction, AZ 85119 FISCAL YEAR 2014 GRANT PASS THROUGH AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES THIS GRANT PASS THROUGH AGREEMENT (the "Agreement") is made as of the day of 2014, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and East Valley Adult Resources, a nonprofit agency ("EVAR"). City and EVAR are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A. EVAR is a nonprofit organization which provides social, recreational, fitness, advocacy, and transportation services at the Apache Junction Active Adult Center for Apache Junction residents. B. EVAR desires to utilize Local Transportation Assistance Fund II ("LTAFII") funding for transportation services in Apache Junction. C. The Valley Metro Regional Public Transportation Authority ("RPTA") desires to convey to City a portion of its annual allocation required to be paid to local governments for the benefit of public transportation, pursuant to a court order filed in Paisley v. Darwin, U.S. Dist. Ct (Ariz.), No. CV-10-1253-PHX-DGC, 2011 WL 3875992, resuming distribution of multi-state lottery game proceeds to the Public Transportation Fund in Maricopa County, for disbursement by City to EVAR. D. City desires to disburse the aforementioned contribution to the EVAR and to set forth the mutual understandings between City and EVAR. E. There is a need for mutual cooperation for a pass through of grant funds from RPTA to City and ultimately to East Valley Adult Resources. F. Mutual cooperation would result in EVAR's obtaining assistance from City, which translates to public savings. 1 G. The Parties have mutual interests in this project and wish to enter into this Agreement with certain terms and conditions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS: The Parties hereby confirm the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. CITY'S OBLIGATIONS: City agrees to do all of the following: a. Disburse the aforementioned RPTA contribution to EVAR. b. Review copies of all reports and documents sent to the RPTA by EVAR related to funded project. 3. EVAR'S OBLIGATIONS: EVAR agrees to do all of the following: a. Hold harmless the City of Apache Junction and its agents for any acts or omissions by City, its elected officials, appointees, and employees. b. Provide to the City of Apache Junction a copy of all reports and documents sent to the RPTA related to funded project no later than 30 days after their submission to RPTA. 4. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the Parties with respect to the acceptance and distribution of the contribution to EVAR. 5. Funding Schedule. RPTA shall deliver a one-time payment of $865.00 to the City for disbursement to EVAR for the provision of transportation services at the Apache Junction Active Adult Center ("Center"). The purpose of the contribution is to provide City residents with transportation to the Center, Center Programs, local medical appointments, and local shopping hubs. 6. Term. The Term of this Agreement is one calendar year from the execution date. 2 7. Indemnification and Hold Harmless. EVAR shall indemnify, defend and hold harmless the City, its Mayor and City Council, appointees, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, fees for attorneys, consultants and accountants or costs and expenses of any kind and nature, resulting from or arising out of the negligence or willful misconduct of City, its Mayor and City Council, appointees, employees and agents in performing the duties set forth in this Agreement. 8. Transactional Conflicts of Interest. The Parties acknowledge that this Agreement is subject to cancellation pursuant to the provisions of A.R.S. § 38-511. 9. Waiver. No waiver, whether written or tacit, of any remedy or provision of this Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the Party to be bound thereby. 10. Severability. City and RPTA 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, or City Code), 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. 11. No Third Party Beneficiary Rights. The Parties agree that no third party rights attach to this agreement. 12. Applicable 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 3 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 to be determined by the court in such action. 13. Indemnification: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 14. Notices: Except as otherwise required by law, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, or by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: If to City: City of Apache Junction Attn: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85119-2899 Telephone: (480) 474-5066 Facsimile: (480) 474-5110 If to EVAR: East Valley Adult Resources Attn: Executive Director 45 West University Suite A - Mesa, Arizona 85201 4 Telephone: (480) 964-9014 Facsimile: (480)898-7306 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. EAST VALLEY ADULT RESOURCES, an Arizona nonprofit organization By: Dan Taylor Its: President and CEO CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathy Connelly, City Clerk APPROVE AS TO FORM: By: Richard J. Stern, City Attorney 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.6. Piz File ID: 14-21 Sponsor: Heather Patel Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant allocation to be directed to Community Alliance Against Family Abuse for the rehabilitation of their domestic violence shelter and authorizing the mayor to sign a subrecipient agreement. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: January 22, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Subrecipient Agreement for Fiscal Year 2014 Community Development Block Grant Funds REQUEST Presentation and discussion on Resolution No. 14-02 recommending the city sign a subrecipient agreement for the city's Fiscal Year 2014 Community Development Block Grant("CDBG") allocation to be directed to Community Alliance Against Family Abuse ("CAAFA") for the rehabilitation of their domestic violence shelter and authorizing the Mayor to sign a subrecipient agreement. BACKGROUND The city completed the public participation process for the use of its Fiscal Year 2014 CDBG funding. On November 19, 2013, the city council voted to approve the request for funding from CAAFA to perform community facility improvements to their domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with local building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subrecipient's shelter property, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, clothing, cleaning supplies, bedding, etc) and a children's room that has various toys, activities, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipient's capacity to meet the needs of the women and children served. Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipient's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard, or playground area to work on case management goals and receive emotional support. The addition, that is currently an Arizona room, would become storage and a bed-bug decontamination area. Within the last year Subrecipient has had two bedbug infestations. Subrecipient takes many steps to prevent bed bugs from entering the shelter. Even with these protocols, Subrecipient has had bed bug outbreaks, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate entrance, a washer and dryer to treat clothing and other items that may be transporting bed bugs, and shelves to store items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost of the remodel is $29,000.00. Original Shelter Building Repair: In August, the ceiling in the original shelter building began to collapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot be accessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting. The cost of repairing the existing damage is estimated to be $25,000.00. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need to be relocated from the current shelter building to the new offices in the original shelter building. An existing security concern at the shelter is the height of the block wall that surrounds the sides and back of the properly. The block wall height varies between 5 and 6 feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one of Subrecipient's Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is $13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaces inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking. Also, the parking can be seen from the street causing safety and security concerns for participants. The women staying at Subrecipient's shelter,park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is $21,000. Improvements to Current Shelter Building The current shelter building is 2,576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is $21,000. CAAFA requested$109,000 for these improvements. Based upon the projections of CDBG funding, it is anticipated $100,000 will be provided to CAAFA for the improvements. However, the agreement stipulates, CAAFA may receive no more than $109,000, if funding permits. CAAFA will be required to pay for any overages. DISCUSSION The city's application for Fiscal Year 2014 CDBG funding is due June 1, 2014. In preparation of the application submittal a subrecipient agreement must be completed. Barring any objections, Resolution No. 14-02 will be presented under consent agenda during the city council's February 18, 2014 agenda. RECOMMENDATION Staff respectfully requests, the city council receive a presentation and discuss Resolution No. 14- 02 recommending the city's Fiscal Year 2014 CDBG allocation be directed to CAAFA for the rehabilitation of their domestic violence shelter and authorizing the Mayor to sign a subrecipient agreement. ACTION REOUIRED Presentation and discussion. Attachment 1: Resolution Number 14-02 Attachment 2: Subrecipient Agreement RESOLUTION NO. 14-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING A SUBRECIPIENT AGREEMENT WITH COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR FISCAL YEAR 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS . WHEREAS, the City of Apache Junction is desirous of meeting the needs of its citizens; and WHEREAS, Community Alliance Against Family Abuse ( "CAAFA" ) , which operates the local domestic violence shelter, has requested assistance from the city in meeting the needs of citizens residing within the city limits; and WHEREAS, the activities within this agreement address identified eligible needs; and WHEREAS, a grantee of Community Development Block Grant ( "CDBG" ) funds is required to comply with the program guidelines and federal statutes and regulations . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : 1) The Mayor and City Council of the City of Apache Junction authorize a subrecipient agreement be made for receipt of Fiscal Year 2014 CDBG funds . 2) The Mayor or his designee is authorized to sign a subrecipient agreement for receipt and use of these funds in an amount not to exceed $109, 000 . 00 for CAAFA to complete renovations to their shelter and facilities . 3) The City Manager or his designee, is authorized to take all actions necessary to implement and complete the activities submitted in said agreement and application. 4) The agreement and application for CDBG funds meets the program requirements for the CDBG program and the Arizona Department of Housing. 5) The City of Apache Junction shall comply with all CDBG guidelines, federal statutes and regulations applicable to the CDBG Program. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RESOLUTION NO. 14-02 PAGE 1 OF 2 APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-02 PAGE 2 OF 2 SUBRECIPIENT FUNDING AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE This AGREEMENT entered into as of this day of , 2014 by and between the City of Apache Junction, an Arizona municipal corporation, (hereinafter referred to as "Grantee") and the Community Alliance Against Family Abuse, (hereinafter referred to as "Subrecipient"), both of which may also be referred to as the "Parties" collectively or a "Party" individually. RECITALS A. Pursuant to Title I of the Housing and Community Development Acts of 1974, as amended, Grantee has applied for and received a Community Development Block Grant (hereinafter "CDBG") for certain CDBG activities, from the State of Arizona Department of Housing (hereinafter"Housing"), CDBG Program. B. The Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. AGREEMENT The Parties acknowledge and agree as to the following grant terms and conditions: A. STATEMENT OF WORK 1. CDBG Contract#:FY2014 Regional Account Application 2. Number and Name of Activity(ies): Community Facilities Improvements - Shelter 3. Description: (See ATTACHMENT 1) 4. Budget: Agreement Total: $100,000.00 (see ATTACHMENT II for details). B. NATIONAL OBJECTIVES Subrecipient certifies each activity carried out with funds provided under this Agreement will meet one of the following CDBG Program's National Objectives: 1) benefit low/moderate income persons; or 2) aid in the prevention or elimination of slums or blight; or 3) meet community development needs having a particular Housing approved urgency. C. PERFORMANCE MONITORING Grantee will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a reasonable period of time after being notified by Grantee, contract suspension or termination procedures will be initiated. (See Section 1.10.) D. NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: GRANTEE SUBRECIPIENT Name: City of Apache Junction Community Alliance Against Family Abuse Heather Patel Elizabeth Ditlevson Garman Title: Grants Coordinator Executive Director Address: 300 E. Superstition Blvd. P.O. Box 3778 Apache Junction, AZ 85119 Apache Junction, AZ 85117 Telephone: (480)474-2635 (474) 982-0205 Email: hpatel(o)aicity.net elizabethg(o-)_caafaaz.org E. GRANTOR RECOGNITION Subrecipient shall ensure recognition of the role of Grantee and Housing in providing services through this Agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to the funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of Subrecipient or by any employee of Subrecipient. Subrecipient shall advise Housing or its designee at the time of delivery of any copyrighted or subject to copyright work furnished under this Agreement, or any adversely held copyrighted or subject to copyright material incorporated in any such work and of any invasion of the right of privacy therein contained. 2. Housing may duplicate, use, and disclose in any manner and for any purpose whatsoever, within the limits established by federal and state laws and regulations, all information relating to this Agreement. F. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. Grantee shall be exempt from payment of all unemployment compensation, FICA, retirement, life and/or medical insurance and workers' compensation insurance as Subrecipient is an independent contractor. G. WORKERS COMPENSATION Subrecipient shall provide workers' compensation insurance coverage for all of its employees involved in the performance of this Agreement. H. GENERAL CONDITIONS 1. Responsibility for Grant Administration: Grantee is responsible for ensuring the administration of CDBG funds in accordance with all program requirements. The use of subrecipients or contractors does not relieve the Grantee of this responsibility. Grantee is also responsible for determining the adequacy of performance under all Subrecipient agreements and procurement contracts and for taking appropriate action when performance problems arise. 2. Payment: It is expressly agreed and understood by Grantee the total amount to be paid to Subrecipient under this Agreement by Grantee shall not exceed $109,000. Drawdowns for the payment of eligible expenses shall be made against the line item budgets, after prior approval of Grantee. All requests for payments ("RFP") must meet the CDBG guidelines, as outlined in Chapters 2, 3, and 4 of the CDBG Grant Administration Handbook available online at www.azhousing.gov. 3. General Compliance: Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations ("CFR"), Part 570 (the United States Department of Housing and Urban Development ("HUD") regulations concerning the CDBG program). Subrecipient also agrees to comply with all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 4. Term of Agreement: This Agreement shall take effect on or about January 2015, through and including the 31s'day of December 2015. 5. Insurance and Bonding: Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from Grantee. 6. Reversion of Assets: Upon expiration of this Agreement, Subrecipient shall transfer to Grantee any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient shall also ensure that any equipment or facility under the Subrecipient's control that was acquired or rehabilitated in whole or in part with CDBG funds in excess of$5,000 is either: a. Used to meet one of the National Objectives set forth in Section B of this Agreement, until 5 years after expiration of the Agreement, or such longer period of time as determined appropriate by Grantee and Housing. However, any change in use or National Objective from that described in Section B, shall require prior written approval of Grantee and Housing; or b. If disposed of, the manner shall result in Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to the property (reimbursement is not required after the period of time specified in paragraph 6.a. above). 7. Subcontracting: None of the services covered by this Agreement shall be subcontracted without prior written approval by Grantee, which shall request pre-approval from Housing. 8. Compliance with Regulations: Subrecipient will comply with the applicable uniform administrative requirements as described in 24 C.F.R. Section 570.489, including those listed in ATTACHMENT III "Certification and Other Uniform Administrative Requirements", which are attached hereto and made a part hereof as if fully rewritten. 9. Maintenance and Availability of Records: In connection with the Agreement, Subrecipient shall maintain all accounting, client records, papers, maps, photographs, other documentary materials, and any evidence pertaining to costs incurred, as more fully described in ATTACHMENT IV "Records to be Maintained", which is attached hereto and made a part hereof as if fully rewritten. a. Such records shall be furnished and available for inspection by Grantee, Housing, HUD, the Comptroller General of the United States, or any authorized representatives of these entities. b. Such records shall be available at Subrecipient's offices at all reasonable times during the contract period. If a claim, investigation, or litigation is pending at the time of what is assumed to be final payment, the final payment date I sconsidered extended and the retention period will not begin until final settlement of the claim, investigation, or litigation. 10. Amendments and Revisions: Any changes to the Scope of Work or dollar amount of this Agreement requires prior written approval from Housing. 11. Suspension and Termination: With notification to Housing, Grantee may terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, and may recover any CDBG funds at its discretion if Subrecipient: a. Violates any provision of this Agreement; or b. Violates any provision of the Housing and Community Development Act of 1974, as amended; or C. Violates any applicable regulations or terms and conditions of approval of application(s) that the Secretary of HUD has issued or shall subsequently issue during the term of this Agreement; or d. Fails to complete performance in a timely manner. Grantee may also terminate this Agreement and such additional supplemental agreements hereafter executed, in whole or in part, by giving Subrecipient 30 calender days written notice, in the event that Housing shall: a. Withdraw funds allocated to Grantee under its application for program activities substantially preventing performance of the CDBG program in Grantee's community; b. Terminate Grantee's funding allocation pursuant to an Act of Congress; or C. Fails to approve a grant application filed by Grantee. 12. Audits: Subrecipient shall comply with the audit requirements set forth in Office of Management and Budget("OMB") Circular A-133. 13. Severability: Grantee and Subrecipient 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 Grantee to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), 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. 14. Enforced Delays (Force Majeure): Neither Grantee nor Subrecipient, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay(an "Enforced Delay")due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Subrecipient in connection with the Project. Subrecipient agrees that Subrecipient alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 15. Indemification: To the fullest extent permitted by law, Subrecipient shall defend, indemnify and hold harmless Grantee, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Subrecipient, its agents, employees, or any tier of Subrecipient's subcontractors in the performance of this Agreement. Subrecipient's duty to defend, hold harmless and indemnify Grantee, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Subrecipient's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Subrecipient, any tier of Subrecipient's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Subrecipient may be legally liable. 16. Applicable 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 to be determined by the court in such action. 17. Business and Privilege Licenses: Sybrecipient represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Subrecipient understands that the activity described herein constitutes "doing business in the City of Apache Junction"and Subrecipient agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Subrecipient also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors within the corporate city limits will invoke the same business and privilege license regulations on any subcontractors, and Subreciepient ensures its subcontractors will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Subrecipient and any subcontractors through the City Clerk's Office. 18. Subcontractors: All subcontractors chosen by the Contractor will be subject to the Grantee's approval. All subcontractors shall be identified by the Contractor prior to award of contract. The Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of the Grantee. 19. Compliance with Federal and State Laws: Subrecipient understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. §41-4401, Subrecipient hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A). Subrecipient further warrants that after hiring an employee, Subrecipient will verify the employment eligibility of the employee through the E-Verify program. If Subrecipient uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Subrecipient is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Subrecipient shall not be deemed in material breach of this Agreement if the Subrecipient and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). Grantee retains the legal right to inspect the papers of any Subrecipient or subcontractor employee who works under this Agreement to ensure that the Subrecipient or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, Grantee and Subrecipient have executed this Agreement, after prior approval of Housing, as of the last date written below. GRANTEE: SUBRECIPIENT: By: By: Mayor Board President Title: Title: Date: Date: Attest: Attest: City Clerk Title: Title: Approved as to Form and Legal Fed ID#: Sufficiency: Richard J. Stern, City Attorney ATTACHMENT ACTIVITY DESCRIPTION -STATEMENT OF WORK SECTION I Subrecipient has requested CDBG funding from Grantee to perform community facility improvements to Subrecipient's domestic violence shelter and supportive services building. These improvements must result in the building being Americans with Disabilities Act ("ADA") accessible and compliant with local building codes. Specific improvements include: Original Shelter Building Remodel: There are two buildings at Subrecipeint's shelter property, the current shelter and the original shelter building. The original shelter building is 1119 square feet and was built in 1955. The original shelter building has recently been used for storing items that are needed to provide housing (toilet paper, clothing, cleaning supplies, bedding, etc) and a children's room that has various toys, activities, arts and crafts, and play costumes. The original shelter building also has an Arizona room. Renovating the existing original shelter building and building an addition where the Arizona room currently stands would increase Subrecipeint's capacity to meet the needs of the women and children served. Neither the current nor the original building have adequate privacy which makes having emotionally painful conversations even more difficult and provides significant challenges to confidentiality. The two rooms that are currently used for storage would be used as staff offices and meeting space. This would enhance Subrecipeint's ability to provide services and respect for the confidentiality of residents by making separate spaces available to meet, rather than meeting in the common areas or in the front yard, back yard, or playground area to work on case management goals and receive emotional support. The addition, that is currently an Arizona room, would become storage and a bed-bug decontamination area. Within the last year Subrecipeint has had two bedbug infestations. Subrecipeint takes many steps to prevent bed bugs from entering the shelter. Even with these protocols, Subrecipeint has had bed bug outbreaks, affecting both the residents and staff. The cost of decontaminating the shelter is expensive and being bitten by bed bugs and having to relocate to a hotel while the shelter is undergoing treatment is most traumatizing to the people served. The bed bug decontamination area would have a separate entrance, a washer and dryer to treat clothing and other items that may be transporting bed bugs, and shelves to store items that cannot be decontaminated. The storage room entrance would be from inside the original shelter building and not connected to the bed bug decontamination area. The remodel would include new flooring and interior and exterior paint, all of which are in poor condition. The estimated cost of the remodel is$29,000.00. Original Shelter Building Repair: In August the ceiling in the original shelter building began to collapse. The cause of the collapse has been determined to be age and termite damage. Due to the collapse the original shelter building is currently not in use. The play area cannot be accessed by children and storage is a significant challenge facing shelter operations. The proposed repair to the original shelter building would entail the repairing ceiling, beams, drywall, and painting. The cost of repairing the existing damage is estimated to be $25,000.00. Site Security: The renovation of the original shelter building will result in the shelter staff working out of that building. The security cameras and system will need to be relocated from the current shelter building to the new offices in the original shelter building. An existing security concern at the shelter is the height of the block wall that surrounds the sides and back of the properly. The block wall height varies between 5 and 6 feet and is easy to scale. This summer, an individual who was inebriated scaled the wall and attempted to enter the shelter through the front and back doors. Later in the summer an individual residing nearby overheard one of Subrecipient's Horse Therapy sessions and looked over the wall to inquire about the horses and what was occurring. Thankfully, neither of these incidents resulted in harm to any residents or staff members; however, they both are very concerning for safety and confidentiality reasons. Subrecipient proposes to raise the block wall to 8 feet, in order to prevent it from being easily scaled and offer more privacy for residents and their activities. The property is zoned C2 and with the proper engineering plans and approved permits the wall could be raised to 8 feet and still be within zoning guidelines. The cost of moving the security system is $5,000 and the cost of raising the block wall height to 8 feet is $8,000. The total cost of site security improvements is $13,000.00. Parking Improvements: Subrecipient currently has two paved parking spaced inside the secure part of the property. This does not accommodate staff, the Subrecipient's van, and participant's parking. Also, the parking can be seen from the street causing safety and security concerns for participants. The women staying at Subrecipient's shelter, park behind the shelter building in a dirt lot. Because of monsoons and dust storms this lot is uneven and often riddled with pot holes. Subrecipient would like to pave part of the area behind the shelter to create a more safe and secure parking area. The estimated cost of paving the 7,000 square foot parking area is $21,000. Improvements to Current Shelter Building: The current shelter building is 2576 square feet and was built in 2005. The flooring is linoleum and is not standing up well to the wear and tear of 16 people, half of whom are children. Subrecipient would like to replace the linoleum and upgrade to tile. The cost of tiling the current shelter building is $21,000. Grantee will serve as CDBG grant administrator and will perform monitoring of the project, assist with the procurement of a contractor, Davis Bacon compliance, requests for reimbursement from Housing, payment of all invoices submitted by the contractor, and ensure compliance with the CDBG program. Subrecipient will provide the required reporting and documentation as requested, oversee the construction, and comply with CDBG requirements. SECTION II --SERVICE AREA(SA) The proposed project is to benefit a limited clientele of women and children fleeing a domestic violence situation. Subrecipient serves Northern Pinal County however the facility is located within Apache Junction, Arizona. It is expected 100 women and children will benefit annually from this project, of which 38% are from Apache Junction and 100% are considered to be low to moderate income. SECTION III --WORK SCHEDULE This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. The Subrecipient agrees to the following construction schedule, any changes or extensions shall be approved by Grantee: Procurement of Contractor Janaury 2015—April 2015 Construction May 2015—August 2015 Closeout September 2015— December 2015 SECTION IV--RECORDS AND REPORTS Grantee and Subrecipient shall maintain files required by the CDBG Program set forth in ATTACHMENT IV. Additional records to be maintain shall include the monthly reports as specified below. All records shall be maintained and available for review by Grantee for five (5) years after the closeout of the project from Housing. This Agreement is anticipated to begin in Janaury 2015 amd expire on December 31, 2015. Subrecipient agrees to provide monthly reports identifying the following: 1) how many persons are benefiting from the services provided at the shelter; 2) how many persons had an Apache Junction address prior to entering the shelter; and 3) the ethnicity, age and disability status of all persons entering the shelter. Grantee reserves the right to request additional information as needed. ATTACHMENT II BUDGET The proposed budget for construction services of Subrecipient's Shelter is as follows: The following items will be completed in the supportive services building: 1) creation of two meeting rooms for privacy and confidential discussions; 2) construction of an addition to serve as storage and a bed bug decontamination station; 3) installation of flooring; 4) interior and exterior paint; 5) repair of ceiling and roof support damage; and 6) relocation of security cameras. The following items will be completed in the shelter building: 1) installation of new flooring; 2) installation of security wall perimeter; and 3) creation of secure parking facilities. CDBG funds shall pay for construction services performed by a qualified licensed contractor who was competitively procured in compliance with CDBG requirements. All expenditures must be pre-approved by Grantee and Housing. Grantee agrees to provide funding in the amount of$100,000 with an amount not to exceed $109,000 pending funding allocations for the fiscal year 2014 under the CDBG Regional Account. Any overages shall be paid for in full by Subrecipient. Subrecipient shall provide documentation from their Board of Directors to the commitment and allocation of these funds. For purposes of this Agreement: a. program income shall be returned to Grantee; b. Subrecipient acknowledges that all provisions of the Agreement shall apply to such program income funded activities; d. the receipt and expenditure of all program income shall be recorded in such a fashion as to enable Grantee to determine compliance with all CDBG requirements as well as any other requirements in the Agreement; and f. any program income on hand when the Agreement expires or that is received after such expiration shall be paid by Subrecipient to Grantee, and then to Housing. ACTIVITY BUDGET 1. Subrecipient: Community Alliance Against 2. Activity Name: Community Facility Family Abuse Improvements- Shelter a. b. C. CDBG $ Non-CDBG $ TOTAL$ 3. Environmental Review Record 4. Design/Engineering/Inspection Procure ❑ In-House ❑ 5. Construction Contract Work (include $100,000.00 $9,000.00 $109,000.00 materials and DB wage rates) 6. Fixed Asset Equipment 7. Land Acquisition (includes easements) (must comply with the Uniform Relocation Act) 8. Rehabilitation Services (if this exceeds 20% of total activity costs, attach a rationale) Procure ❑ In-House ❑ 9. Other(specify or attached as page 10. For City/Town, County or Other Construction 10.1 Purchase of materials 10.2.a Employees (documentation attached as page regarding number of employees, wages, number of hours, etc.) 10.2.b Offenders 10.2.c Volunteers 10.3 Equipment(Use vs. Purchase) (documentation attached regarding rental rates, number of hours to be used, type of equipment, etc.) 10.4 Other(attached as page ) 11. TOTALS $100,000.00 $9,000.00 $109,000.00 ATTACHMENT III CERTIFICATIONS AND OTHER UNIFORM ADMINISTRATIVE REQUIREMENTS A. UNIFORM ADMINISTRATIVE REQUIREMENTS By virtue of signing the Agreement Subrecipient agrees to comply with all applicable uniform administrative requirements as discussed in this Agreement, CDBG Program Handbooks, and OMB Circulars A-110, A-122, A-133, and the Single Audit Act of 1984, as applicable. B. EQUAL OPPORTUNITY Subrecipient agrees to comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), and the regulations issued pursuant thereto (24 CFR Part 1). 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended. 3. Section 109 of the Housing and Community Development Act of 1974. 4. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. 5. Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60). 6. Section 3 of the Housing and Urban Development Act of 1968, as amended. 7. Federal Fair Housing Act of 1988, P.L. 100-430. 8. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1973, 42. U.S.C. 6101-07, and the prohibitions against discrimination against persons with handicaps under Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112), as amended, and the regulations at 24 C.F.R. Part 8. 9. It will comply with the American Disabilities Act and Section 504 of the Rehabilitation Act, as amended. 10. The requirements of the Architectural Barriers Act of 1966 at 42 U.S.C. 4151-415. C. INTEREST OF OFFICIALS AND CONFLICT OF INTEREST No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer, or employee of Subrecipient or its designees or agents, no member of the governing body of the locality in which the program is situated during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Subrecipient will comply with applicable conflict of interest provisions, incorporate such in all contracts and establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family business, or other ties. D. POLITICAL ACTIVITIES As a community service-based organization, Subrecipient 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 Subrecipient shall solicit any contribution in cash or services from any Subrecipient employee to support any candidate for public office. No board member or officer shall use the name of Subrecipient, or use their affiliation with Subrecipient, 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 Subrecipient in any way, while engaging in said activity. The functions and activities of Subrecipient 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 Subrecipient 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. E. LABOR STANDARDS PROVISIONS Subrecipient will administer and enforce the labor standards requirements of the Davis Bacon Act, as amended at 40 U.S.C. 276a-276a-5, and the Contract Work Hours and Safety Standards Act at 40 U.S.C. 327-333. F. COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS Subrecipient agrees to comply with any conditions resulting from the Grantee's compliance with the provisions of the National Environmental Policy Act of 1969 and the other provisions of law specified at 24 C.F.R. 58 insofar as the provisions of such Act apply to activities set forth in Section A. Statement of Work(p.1). Subrecipient will comply with the provisions of Executive Order 11990, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution and the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) This Agreement is also subject to the requirements of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.; P.L. 89-665, the Archaeological and Historic Preservation Act of 1974 (P.L. 93-291), Executive Order 11593, and the procedures prescribed by the Advisory Council on Historic Preservation in 36 C.F.R. Part 800, and the regulations of the Environmental Protection Agency ("EPA") with respect thereto, at 40 C.F.R. Part 15, as amended from time to time. G. LEAD-BASED PAINT This Agreement is subject to the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.), and the Lead-Based Paint Regulations (24 C.F.R. Part 35 and 24 CFR 570.487). The use of lead-based paint is prohibited whenever CDBG funds are used directly or indirectly for the construction, rehabilitation, or modernization of residential structures. Immediate lead-based paint hazards existing in residential structures assisted with CDBG funds must be eliminated, and purchasers and tenants of assisted structures constructed prior to 1978 must be notified of the hazards of lead-based paint poisoning. H. PROPERTY DISPOSITION Real or personal property purchased in whole or in part with CDBG funds shall not be disposed through sale, use, or location without the written permission of Grantee. The proceeds from the disposition of real property shall be considered project income. I. LOBBYING Subrecipient will ensure that, to the best of its knowledge and belief of the undersigned: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grants, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal or amendment of any federal contract. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of a federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. Subrecipient shall require the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all shall certify and disclose accordingly. "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure." J. ACQUISITION/RELOCATION Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulation. ATTACHMENT IV RECORDS TO BE MAINTAINED Subrecipient shall establish and maintain sufficient records to enable Grantee and Housing to determine whether Subrecipient has met the requirements of this Agreement. At a minimum, the following records are needed, and should be maintained for five years (5) after the date of close-out of the CDBG contract by Housing. It is the responsibility of Grantee to notify Subrecipient as to the date of the contract close- out. All files shall be clearly labeled with the following information: HOUSING CDBG contract number, name of Grantee, Activity number and shall contain the information and documents as indicated in HOUSING CDBG Handbooks, which includes the following, as applicable: 1. Application and Agreement with the Grantee and any amendments. 2. General Correspondence regarding the Agreement. 3. Financial Management and Audits. 4. A file documenting Subrecipient's actions to comply with Section 504. 5. Civil Rights/EEO. The Civil Rights Certification and documentation on the ethnicity, gender, disability status, single-head of household of all applicants for and recipients of benefits and/or services. 6. Procurement and Contracting. A separate file for each professional service procured or for each major item of equipment or materials purchased, with smaller items aggregated. 7. Construction Contract. A separate file for each bid developed. 8. Labor Standards. A separate file for each prime contractor. 9. Acquisition/Relocation. A general file with overall policies and procedures and a separate file for each parcel acquired or family displaced. 10. Housing Rehabilitation. A general file with overall policies and procedures and a separate file for each applicant/family or multi family unit. 11. Required records for Homeownership Assistance and Economic Development activities will be defined as applicable. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 7. Piz File ID: 14-22 Sponsor: Heather Patel Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-03 recommending the city repeal Resolution No. 92-18 in order to update the city's complaint and grievance procedure under Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964. Resolution No. 14-04, also on tonight's agenda, would replace Resolution No. 92-18 to accomplish this. Presentation and Discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: January 22, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Complaint and grievance procedure REQUEST Presentation and discussion on Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. BACKGROUND The U.S. Department of Justice requires a public entity to adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations. In 1992, the city adopted resolution No. 92-18. This resolution outlined an extensive process for customers to file a complaint and seeking resolution to the complaint. In 2013, the city hired Recreation Accessibility Consultants, LLC ("RAC") to evaluate city park facilities for accessibility. As a benefit of the evaluation, a training was offered and recommendations were made on topics as they relate to ADA. RAC evaluated the city's process for filing a complaint and receiving a resolution of said complaint. Their recommendation was a complaint procedure should be brief, easy and geared toward the concept of doing as much as possible to make our programs and services accessible for all residents. DISCUSSION As a result of RAC's recommendation, staff revised the complaint procedure thus resulting in the repeal of Resolution No. 92-18 under Resolution No. 14-03 and the adoption of a new process under Resolution No. 14-04. Barring any objections, Resolution Nos. 14-03 and 14-04 will be presented under consent agenda during the city council's February 18, 2014 agenda. RECOMMENDATION Staff respectfully requests, the city council receive a presentation and discuss Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. ACTION REQUIRED Presentation and discussion. Attachment 1: Resolution No. 14-03 Attachment 2: Resolution No. 92-18 Attachment 3: Resolution No. 14-04 Attachment 4: Proposed Complaint Procedure RESOLUTION NO. 14-03 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REPEALING RESOLUTION NO. 92-18 IN ITS ENTIRETY. WHEREAS, Resolution No. 92-18 was enacted by the City Council as a stand-alone resolution on July 21, 1992, which established a formal city policy entitled "Complaint Resolution Procedure for Prompt and Equitable Resolution of Complaints Alleging Violations"; and WHEREAS, the contents of Resolution No. 92-18 were evaluated by the city' s consultant, Recreation Accessibility Consultants, LLC ("RAC") who was hired in 2013 to evaluate the accessibility of city park facilities . RAC recommended the procedure be revised to reflect a simple and expeditious process; and WHEREAS, the City Manager or his designee will create a revised procedure to be adopted under Resolution No. 14-04 . NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows : SECTION 1 REPEALING RESOLUTION NO. 92-18 : All resolutions and parts of resolutions in conflict with the provisions of this resolution, including but not limited to Resolution No. 92-18, in its entirety, are hereby repealed. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO. 14-03 PAGE 1 OF 2 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-03 PAGE 2 OF 2 RESOLUTION NO. 92-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT RESOLUTION PROCEDURE FOR PROMPT AND EQUITABLE RESOLUTION OF COMPLAINTS ALLEGING VIOLATIONS BY THE CITY OF APACHE JUNCTION, ARIZONA, OF THE AMERICANS WITH DISABILITIES ACT. WHEREAS, the Americans with Disabilities Act ("ADA") Title II regulations issued by the U.S. Department of Justice require a public entity that employs fifty or more persons to adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging violations of the ADA or its regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, as follows: That the Mayor and City Council adopt the following grievance procedure for receipt, investigation, hearing, and deciding complaints alleging that the City, or its officers, employees, boards or commissions of the City of Apache Junction have violated the ADA or regulations pursuant thereto. Any person who believes that the City of Apache Junction has discriminated on the basis of disability or that City of Apache Junction facilities or programs are inaccessible or unavailable for qualified persons with disabilities are encouraged to bring their concerns to the attention of the persons or department of the City involved or the City's Disabilities Assistance Officer. Resolution of complaints at this level is recommended as a first step to allow an opportunity to identify and discuss concerns and explore solutions. 1. Filing and receipt of ADA complaints Any person who believes herself to be aggrieved by a discriminatory practice, program or facility prohibited by the ADA may file with the City Clerk a complaint in writing, under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person or location alleged to have violated the provisions of the ADA, and shall further set forth the particulars of the violation, and may include such other information as may be required by the ADA Hearing Officer. Complaints filed under this resolution must be filed within one hundred eighty (180) days after the alleged violation. 2. Investigation, Conciliation procedures The ADA Hearing Officer shall promptly conduct an investigation into each complaint filed with the City Clerk and shall attempt an adjustment of the complaint by means of conference and conciliation. Sixty (60) days shall be allowed for the purpose of investigation, conference and conciliation outlined in this section. RESOLUTION NO. 92-18 PAGE ONE OF FOUR a The investigation should include, where appropriate, a review of the pertinent practices and policies of the City, the circumstances under which the possible noncompliance with the ADA occurred, and other factors relevant to a determination as to whether the City has failed to comply with the ADA. If it appears that the complaint has merit, the ADA Hearing Officer will so inform the City, by providing a copy of the complaint and setting a conference for conciliation within the time frame established by the Hearing Officer. Every attempt will be made through the Hearing Officer for the parties to resolve the matter by informal means whenever possible. If conference or conciliation or similar informal means do not result in compliance with the ADA, the ADA Hearing Officer shall cause to be issued and served a written notice, together with a copy of the complaint, requiring the person named in the complaint, hereinafter referred to as respondent, to answer charges of the complaint at a hearing before the ADA Hearing Officer at a time and place to be specified in the notice. If an investigation does not warrant action pursuant to this section, or a finding that a violation of the ADA occurred, the ADA Hearing Officer shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal . 3. Hearings and Decisions At the hearing provided for in this section, the complaint shall be heard by the ADA Hearing Officer. At the hearing, the complainant or person aggrieved may appear in person or by counsel , and the respondent may file a written answer to the complaint and may appear in person or by counsel . The ADA Hearing Officer, when conducting any hearing pursuant to this section, may permit amendments to any complaint or answer, and the testimony taken at the hearing shall be under oath, and shall be transcribed at the request of either party, or at the direction of the ADA Hearing Officer. The party requesting the transcription shall be responsible for the costs thereof. If the ADA Hearing Officer finds at the hearing that the respondent has engaged in any discriminatory practice or practices, prohibited by this chapter, she shall advise the complainant of her rights under existing state and federal laws and try to achieve resolution of the complaint to the satisfaction of both parties. If the ADA Hearing Officer, upon hearing, finds that respondent has not engaged in any discriminatory practice she shall state her findings of fact, and shall issue and file an order dismissing the complaint. The ADA Hearing Officer shall establish rules and regulations to govern and expedite and effectuate the foregoing procedure and shall maintain the files provided for herein. RESOLUTION NO. 92-18 PAGE TWO OF FOUR 4. Appeals, ADA Compliance Appeals Committee There is hereby created an ADA Compliance Appeals Committee of the City of Apache Junction, Arizona, hereinafter referred to as Appeals Committee, composed of three (3) members, appointed by the City Manager for such terms as are designated by the manager. Appeals may be taken from the decision of the ADA Hearing Officer to the ADA Compliance Appeals Committee by filing a notice of appeal , and the grounds therefor, with the City Clerk no later than fifteen (15) calendar days after the date of the decision of the ADA Hearing Officer. The Appeals Committee shall make its decision on the record established before the Hearing Officer and may affirm, reverse or modify the decision of the Hearing Officer. The decision of the ADA Compliance Appeals Committee shall be final . The Appeals Committee shall adopt such rules as may be necessary to carry out its duties under this section. The State of Arizona rules of administrative procedure shall apply to proceedings before the Appeals Committee unless otherwise provided by the Appeals Committee. 5. ADA Hearing Officer, duties The ADA Hearing Officer shall be appointed by the City Manager. It is the duty of the ADA Hearing Officer to: a. Initiate, receive and investigate complaints charging unlawful practices under the ADA; b. Seek conciliation of such complaints, hold hearings, make findings of fact, and publish her findings of fact; and C. Adopt such rules and regulations as may be necessary within the limits of this resolution and carry out the purposes and provisions of this resolution. 6. Notices Any and all notices required under this chapter to be served upon any person may be served personally on such person or by mailing a copy thereof by certified mail , with return receipt requested, to the most current business or residence address of such person. 7. Other remedies; retaliation prohibited The filing of a lawsuit in state or federal court or a complaint with the appropriate state or federal official can occur at any time. The use of this grievance procedure shall be terminated and not apply where a complaint has been filed with a state or federal official or a lawsuit has been filed alleging the same or similar violations of the ADA. RESOLUTION NO. 92-18 PAGE THREE OF FOUR Neither the City or any person shall intimidate, threaten, coerce or discriminate against any complainant or person for the purpose of interfering with any right of privilege secured by the ADA or because the complainant or person has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this resolution or the ADA. The records of any complainant shall be kept confidential to the extent allowed by applicable law, including the conduct of any investigation, hearing or judicial proceeding arising under this procedure. 8. Exceptions Nothing in this resolution shall apply to complaints alleging discrimi- nation against any person, organization or entity other than the City of Apache Junction, Arizona, or an officer, employee or board or commission thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 21ST DAY OF JULY , 1992. SIGNED AND ATTESTED TO THIS 22ND DAY OF JULY 1992. THOMAS DAMIANO Mayor ATTEST: KATHLEEN CONNELLY City Clerk AP T ORM: GLE 44 WT Cit A torney I RESOLUTION NO. 92-18 PAGE FOUR OF FOUR ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. Piz File ID: 14-23 Sponsor: Heather Patel Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-04 recommending the city council adopt a new Title II Americans with Disabilities Act and Title VI Civil Rights Law of 1964 complaint and grievance procedure. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 PP ACHt i � G,y O U = r Z City of Apache Junction �R1 0 Development Services Department MEMORANDUM DATE: January 22, 2014 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Grants Coordinator SUBJECT: Complaint and grievance procedure REQUEST Presentation and discussion on Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. BACKGROUND The U.S. Department of Justice requires a public entity to adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations. In 1992, the city adopted resolution No. 92-18. This resolution outlined an extensive process for customers to file a complaint and seeking resolution to the complaint. In 2013, the city hired Recreation Accessibility Consultants, LLC ("RAC") to evaluate city park facilities for accessibility. As a benefit of the evaluation, a training was offered and recommendations were made on topics as they relate to ADA. RAC evaluated the city's process for filing a complaint and receiving a resolution of said complaint. Their recommendation was a complaint procedure should be brief, easy and geared toward the concept of doing as much as possible to make our programs and services accessible for all residents. DISCUSSION As a result of RAC's recommendation, staff revised the complaint procedure thus resulting in the repeal of Resolution No. 92-18 under Resolution No. 14-03 and the adoption of a new process under Resolution No. 14-04. Barring any objections, Resolution Nos. 14-03 and 14-04 will be presented under consent agenda during the city council's February 18, 2014 agenda. RECOMMENDATION Staff respectfully requests, the city council receive a presentation and discuss Resolution Nos. 14-03 and 14-04 recommending the city repeal Resolution No. 92-18 and adopt a new Title II Americans with Disabilities Act("ADA") and Title VI Civil Rights Law of 1964 complaint and grievance procedure. ACTION REQUIRED Presentation and discussion. Attachment 1: Resolution No. 14-03 Attachment 2: Resolution No. 92-18 Attachment 3: Resolution No. 14-04 Attachment 4: Proposed Complaint Procedure RESOLUTION NO. 14-04 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, ESTABLISHING A COMPLAINT PROCEDURE FOR PROMPT AND EQUITABLE DISPOSITION OF AMERICANS WITH DISABILITIES AND CIVIL RIGHTS ACT ALLEGED VIOLATIONS . WHEREAS, pursuant to the Americans with Disabilities Act ("ADA") Title II and the Civil Rights Act of 1964 Title VI regulations issued by the U. S . Department of Justice, a public entity shall adopt and publish grievance procedures providing for equitable resolution of complaints alleging violations of the ADA, the Civil Rights law, or their regulations . WHEREAS, on July 21, 1992, the Mayor and City Council adopted Resolution No. 92-18; and WHEREAS, the city hired a consultant, Recreation Accessibility Consultants, LLC ("RAC") in 2013 to evaluate city park facilities for accessibility, which recommended the procedure be revised; and WHEREAS, pursuant to the recommendation, the Mayor and City Council on February 18, 2014, repealed Resolution No. 92-18 under Resolution No. 14-03; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona as follows : 1) The Mayor and City Council adopt grievance procedure set forth in Exhibit One (attached hereto and incorporated by reference) as the for City of Apache Junction grievance procedure for receipt, investigation, hearing, and deciding complaints alleging the city, or its officers, employees, boards or commissions of the City of Apache Junction have violated the ADA or Civil Rights Law or regulations pursuant thereto. RESOLUTION NO. 14-04 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-04 PAGE 2 OF 2 INTERNAL ADA AND CIVIL RIGHTS COMPLAINT PROCEDURE The City of Apache Junction has adopted an internal complaint procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the federal regulations implementing Title II of the Americans with Disabilities Act ("ADA") and Title VI of the Civil Rights Act of 1964, as amended. Title II states, in part that"no otherwise qualified disabled individual shall, solely by reason of disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by the city. All ADA and Civil Rights complaints made against the city, its employees, representatives, and contractors relating to facilities, programs, services and projects, shall be required to adhere to this process in order to file a grievance. All equal employment opportunity complaints shall be filed with the Human Resources Department and may not be handled in the same manner as ADA and Civil Rights complaints under Titles II and VI. Civil rights complaints are valid when the legal basis for the complaint is due to discrimination on the basis of race, color, national origin, religion, sex, disability, or familial status. Depending on the complaint, the following persons shall be responsible for determining a resolution: Complaints filed against the city whether a city program, service or project, will be reviewed by the ADA and Civil Rights Coordinator("ACRC") and forwarded to any applicable state and/or federal agency as required under their guidelines. Additionally, the Arizona Department of Transportation ("ADOT") Civil Rights Office will be provided all civil rights complaints regardless of the nature of the complaint relevant to a project funded in whole or in part by ADOT funding. ADOT will then follow their procedures to determine if the complaint is relevant to their area of jurisdiction. Subsequently, the ACRC and/or ADOT will make a determination and resolve the complaint within 60 calendar days. Complaints filed against a contractor hired by the city shall be reviewed by the ACRC and a copy shall be provided to ADOT within 60 days. The complaint will be reviewed, investigated and resolved within 60 calendar days. Complaints should be addressed to: Bryant Powell, ADA and Civil Rights Coordinator, 300 East Superstition Blvd., Apache Junction, Arizona, 85119, (480)474-5066. 1. A complaint shall be filed in writing or digitally. It must contain the name and address of the complainant, and describe the nature and the date of the alleged violation of the regulations. The complaint must be signed by the complainant or by someone authorized to do so on his or her behalf. A complaint form is available on-line at www.amcity.net/ada or by asking any city staff member. 2. A complaint must be made within 30 calendar days after the complainant becomes aware of the alleged violation. 3. The ACRC will call or meet with the complainant no later than 8 city working days after receipt of the complaint. An investigation, if needed or if appropriate, may follow the meeting. The investigation shall be conducted by the ACRC. Any investigation should be informal but thorough, affording all interested persons an opportunity to submit information relevant to the complaint. 4. The ACRC shall issue, as soon as possible, but not later than 30 calendar days after the complaint is received, a letter or email acknowledging the complaint, which includes a description of the resolution to the complaint. The decision of the ACRC shall be binding and final subject only to an appeal pursuant to A.R.S. 12-901, et. seq. 5. The ACRC shall retain all complaint records and associated documents pursuant to the city's record retention requirements, and shall dispose of them in accordance with such policy. 6. The right of a person to file a complaint under this procedure shall not affect the complainant's right to pursue other remedies such as filing of a complaint with the responsible federal or state agency. Use of this grievance procedure shall not extend the time for filing any complaint with the responsible federal or state department or agency. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 9. 'PitoN►' File ID: 14-33 Sponsor: Matt Busby Agenda Date: 2/3/2014 Index: In Control: City Council Work Session Presentation and discussion on Resolution No. 14-05, a resolution expressing the city's support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 14-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS . WHEREAS, the State of Arizona taxes motor fuels and collects a variety of fees and charges relating to the registration and operation of motor vehicles on the public highways of the state including gasoline and use-fuel taxes, motor-carrier taxes, vehicle-license taxes, motor vehicle registration fees and other miscellaneous fees; and WHEREAS, these revenues are deposited in the Arizona Highway User Revenue Fund (HURF) for distribution to the cities, towns and counties and to the State Highway Fund; and WHEREAS, these taxes represent a primary source of revenues available to the state and local governments for street and highway construction, improvements and other related expenses; and WHEREAS, in the last ten years, more than $200 million in city and town HURF funds have been transferred to the Department of Public Safety, including more than $34 million in each of the last three years of money intended for municipal use equating to approximately $284, 000 each of those years from the City of Apache Junction; and WHEREAS, the impact of this revenue loss is leading to the increased deterioration of our essential transportation infrastructure as well as a loss of construction-related jobs . NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction hereby declare full support that in 2014 the Governor and State Legislature restore full funding of the HURF account to cities, towns, counties and the State Highway Fund according to the statutory distribution methodology for the intended purposes of road, street and highway construction, maintenance and preservation, and that all future HURF revenues be protected from diversions to other purposes . RESOLUTION NO. 14-05 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014, and SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney NL RESOLUTION NO. 14-05 PAGE 2 OF 2