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2020 07.07 City Council Regular Agenda
re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` s Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday,July 7,2020 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 20-293 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 20-299 Consideration of approval of minutes of the special meeting of June 16, 2020. Sponsors: Jennifer Pena Attachments: 06.16.20 Special Meeting Minutes 3. 20-294 Consideration of approval of minutes of the regular meeting of June 16, 2020. Sponsors: Jennifer Pena Attachments: 06.16.20 Minutes 4. 20-300 Consideration of approval of minutes of the special meeting of June 17, 2020. Sponsors: Jennifer Pena Attachments: 06.17.20 Special Meeting Minutes City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City Council Meeting Agenda July 7,2020 5. 20-224 Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for fiscal year 2019-2020. A.R.S. 9-418 requires the Library Board to make an annual report to the governing body of the city on or before the first Monday of July of each year. The report was adopted and approved by the Library Board at a special meeting held on June 18, 2020. Sponsors: Pamela Harrison Attachments: Library Board of Trustees Annual Report 2019-20 FINAL 6. 20-298 Consideration and approval of Fiscal Year 2020-2021 Health and Human Services Commission funding recommendations. Sponsors: Larry Kirch Attachments: Staff Memorandum Staff Presentation Boys and Girls Club Contract AJ CDC Contract Horizon Health and Wellness Contract Genesis Project Contract CAAFA Contract Superstition Food Bank Contract 7. 20-309 Consideration of approval for the award of contract to Sunland Asphalt for fog seal street preservation on select city streets. The work would be through the 1 Government Procurement Alliance cooperative Contract No. 17-16P-05 in the amount of$131,795.00 plus a 10% contingency for unforeseen change orders, in the amount of$13,179.00 for a total project cost not to exceed $144,974.00. Work is planned for Fall 2020 and will result in a preserved street surface and new street striping for the streets, as presented and discussed for the FY 20/21 CIP &Street Maintenance Plan at the June 16, 2020 City Council work session. Sponsors: Shane Kiesow Attachments: PW2020-04 Sunland Asphalt IRS AIT Staff Memo PW2020-04 Fog Seal 2020-Sunland Agreement City of Apache Junction,Arizona Page 2 Printed on 6/16/2026 City Council Meeting Agenda July 7,2020 8. 20-310 Consideration of approval of the award of contract to Sunland Asphalt for the reconstruction of Baseline Avenue from Winchester Road to Tomahawk Road. The work would be through the 1 Government Procurement Alliance cooperative contract No. 17-16P-05 in the amount of$737,911.27, plus a 10% contingency for unforeseen change orders in the amount of$73,791.00 for a total project cost not to exceed $811,702.27. Work is planned for Fall 2020 and will result in a new paved surface, street striping and bike lanes for this portion of Baseline Avenue as presented and discussed for the FY 20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session. Sponsors: Shane Kiesow Attachments: PWC2019-44 Sunland Asphalt RS AIT Staff Memo PWC2019-44 Baseline FDR Ph3 Agreement-Sunland 9. 20-311 Consideration of approval of the award of contract to Sunland Asphalt for the reconstruction of Baseline Avenue from Ironwood Drive to Meridian Road. The work would be through the 1 Government Procurement Alliance cooperative contract No.17-16P-05 in the amount of$711,107.50, plus a 10% contingency for unforeseen change orders in the amount of$71,110.00 for a total project cost not to exceed $782,217.50. Work is planned for Fall 2020 and will result in a new paved surface, street striping and bike lanes for this portion of Baseline Avenue as presented and discussed for the FY 20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session. Sponsors: Shane Kiesow Attachments: PWC2020-03 Sunland Asphalt RS AIT Staff Memo PWC2020-03 Baseline FDR Ph4 Agreement-Sunland 10. 20-320 Consideration of approval of the proposed Second Amendment to the City's contract with Tyler Technologies, to add the following software modules at an annual maintenance cost of$20,680 for Phase II of the project: human resources, payroll with employee self-service, vendor self-service and bids with contracts. A one time implementation fee of $82,740 in addition to $21,920 in travel costs, if travel were to resume and onsite assistance is needed, will be incurred and billed as needed with City's consent. Sponsors: Anna McCray Attachments: Software and Service Agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. City of Apache Junction,Arizona Page 3 Printed on 6/16/2026 City Council Meeting Agenda July 7,2020 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 11. 20-295 Announcement of current events from mayor and councilmembers. Sponsors: Jeff Serdy G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 12. 20-296 City Manager's Report. Sponsors: Matt Busby 13. 20-301 Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract. Sponsors: Matt Busby H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 14. 20-267 Consideration of application for a special event liquor license for applicant Angela Davis of the Boys & Girls Club of the Valley for their annual Yesteryear fundraising event, to be held at Dolce Vita Retirement Community located at 3301 S. Goldfield Road, Apache Junction, AZ. This event will be held on Saturday, October 24, 2020 at 4:00 p.m. The next step in this process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Sponsors: Jennifer Pena Attachments: Memo to Council Application for Special Event License-REDACTED Building recommendation Fire recommendation Planning recommendation PD recommendations City of Apache Junction,Arizona Page 4 Printed on 6/16/2026 City Council Meeting Agenda July 7,2020 I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 20-297 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, July 20, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, July 21, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Sponsors: Matt Busby M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter; 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 5 Printed on 6/16/2026 City Council Meeting Agenda July 7,2020 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 6 Printed on 6/16/2026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 20-293 Sponsor: Jennifer Pena Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 20-299 Sponsor: Jennifer Pena Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of June 16, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall 300 E Superstition Blvd 12�pr Special Meeting of the Apache Apache Junc ion,AZ Junction City Council www.ajcity.net Ph:(480)982-8002 Tuesday,June 16,2020 7:00 PM City Council Chambers CALL TO ORDER Mayor Serdy called the special meeting to order at 7:00 p.m. ROLL CALL Present 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Thomas Kelly, Chief of Police Janine Solley, Economic Development Director Donna Meinerts, Finance Director Liz Langenbach, Parks & Recreation Director Shane Kiesow, Public Works Manager Emile Schmid, City Engineer AGENDA ITEMS City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes June 16,2020 Junction City Council 1. 20-149 Discussion and consideration of Resolution No. 20-11, declaring as a public record and adopting certain documents filed with the city clerk entitled "City of Apache Junction Classification Plan for Fiscal Year 2020-2021", "City of Apache Junction Civilian Compensation Plan for Fiscal Year 2020-2021", and "City of Apache Junction Recruit and Sworn Compensation Plan for Fiscal Year 2020-2021", and "City of Apache Junction Flat and Hourly Salary Schedule for Fiscal Year 2020-2021"; and declaring an emergency. Councilmember Evans moved,seconded by Vice Mayor Wilson that Resolution No.20-11,a resolution of the mayor and city council of the City of Apache Junction,Arizona,declaring as a public record and adopting certain documents filed with the city clerk entitled: -"City of Apache Junction classification plan for Fiscal Year 2020-2021"; -"City of Apache Junction civilian compensation plan for Fiscal Year 2020-2021"; -"City of Apache Junction recruit and sworn compensation plan for Fiscal Year 2020-2021"; -"City of Apache Junction flat and hourly salary schedule for Fiscal Year 2020-2021" and declaring an emergency, be approved. Yes 7- Mayor Serdy,Vice Mayor Wilson,CounciImember Barker,Councilmember Evans,Councilmember Rizzi,Councilmember Schroeder and Councilmember Struble No 0 Assistant City Manager Matt Busby explained that the first three items on this agenda occur every year in the budget process. Mr. Busby stated that the classification plans and salary schedule lists every staff position in the city and the pay grade they are designated at. 2. 20-286 Consideration of approval of the City of Apache Junction's Public Safety Personnel Retirement System (PSPRS) Pension Funding Policy. Vice Mayor Wilson moved,seconded by Councilmember Evans,to approve the City of Apache Junction's Public Safety Personnel Retirement System pension funding policy. Assistant City Manager explained that this funding policy comes to council each year for approval. 3. 20-287 Presentation, discussion and consideration of approval of Resolution No. 20-20, designating Donna Meinerts as Chief Fiscal Officer for the City of Apache Junction. A.R.S. §41-1279.07(E) requires each county, city, town, and community college district to annually provide to the Auditor General by July 31 the name of the Chief Fiscal Officer(CFO)the governing body has designated to officially submit the current year's annual expenditure limitation report (AELR)on the governing body's behalf. Councilmember Barker moved,seconded by Vice Mayor Wilson to approve Resolution No.20-20, designating Donna Meinerts as Chief Fiscal Officer for the City of Apache Junction as required by statute,to annually submit the current year's annual expenditure limitation report on behalf of the governing body. Yes 7- Mayor Serdy,Vice Mayor Wilson,CounciImember Barker,Councilmember Evans,Councilmember Rizzi,Councilmember Schroeder and Councilmember Struble No 0 City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Meeting Minutes June 16,2020 Junction City Council Assistant City Manager Matt Busby explained that the auditor general's office requires the city to provide the name of the Chief Fiscal Officer to them each year. PUBLIC HEARING 4. 20-150 Discussion and consideration of approval of Resolution No. 20-12, adoption of tentative budget for Fiscal Year 2020-2021 and giving notice of the time and place for hearing taxpayers for adoption of final budget. This resolution adopts the tentative budget for Fiscal Year 2020-2021 and sets the date, time and location for a public hearing on final budget adoption and declares an emergency. Councilmember Barker moved,seconded by Councilmember Evans that Resolution No.20-12,a resolution of the mayor and city council of the City of Apache Junction,Arizona,for the adoption of the tentative budget for the City of Apache junction,Arizona for Fiscal Year 2020-2021, herewith setting forth the tentative estimates for the monies necessary for the public expenses of the City of Apache Junction,Arizona,for the Fiscal Year 2020-2021 and giving notice of the time and place for hearing taxpayers for the adoption of the final budget,and declaring an emergency, be approved. Yes 7- Mayor Serdy,Vice Mayor Wilson,CounciImember Barker,Councilmember Evans,Councilmember Rizzi,Councilmember Schroeder and Councilmember Struble No 0 City Manager Bryant Powell thanked staff for putting this budget together in order to maintain the services that our community expects. Mr. Powell presented on changes to this year's budget which include Arizona Cares Act grant dollars up to$10 million, to include the annual 2.5% step increase for city staff and to include matching funds needed to support the $1 million grant received for 8 new police officers over the next 3 years. Councilmember Struble asked if we can use the money from Arizona Cares Act grant money to make up for other losses that we might see in future budgets. Mr. Powell confirmed yes it can help us through that process. Mr. Busby explained that included in the budget related to the police officers grant is 25%for this next fiscal year, 30%will be included for the following fiscal year and then 45% for the third year. Mayor Serdy opened the public hearing. Mayor Serdy closed the public hearing. Councilmember Struble thanked staff for their hard work on the budget and accepting the changes and unknowns that have come about over the last couple of months. Mr. Struble stated that he doesn't think the government should be paying money to the Health and Human Services organizations. ADJOURNMENT Mayor Serdy adjourned the meeting at 7:25 pm ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. City of Apache Junction,Arizona Page 3 Special Meeting of the Apache Meeting Minutes June 16,2020 Junction City Council SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFFSERDY Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 4 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. Piz File ID: 20-294 Sponsor: Jennifer Pena Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of June 16, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall =.s 300 E.Superstition Blvd 12�pr CityCouncil Meeting Apache Junction,AZ g 85119 www.ajcity.net Ph:(480)982-8002 Tuesday,June 16,2020 7:00 PM City Council Chambers *Agenda Amended on June 15th, 2020 at 3:00 pm A. CALL TO ORDER Mayor Serdy called the meeting to order at 7:25 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Wilson gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Larry Kirch, Development Services Director Thomas Kelly, Chief of Police Janine Solley, Economic Development Director Donna Meinerts, Finance Director Liz Langenbach, Parks & Recreation Director Shane Kiesow, Public Works Manager Emile Schmid, City Engineer D. CONSENT AGENDA Councilmember Barker moved,seconded by Councilmember Evans to accept the consent agenda,to approve the minutes of June 2,2020 and to approve the Economic Development Agreement with the Greater Phoenix Economic Council and appoint Councilmember Struble as the City of Apache Junction representative to the GPEC Board of Directors. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes June 16,2020 1. 20-272 Consideration of acceptance of agenda. 2. 20-273 Consideration of approval of minutes of the regular meeting of June 2, 2020. 3. 20-268 Consideration of approval of the Economic Development Agreement with the Greater Phoenix Economic Council (GPEC)for economic development services for the term of one year and in the amount of$25,832.00, and appointment of Councilmember Jeff Struble as the City of Apache Junction representative to the GPEC Board of Directors. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. ANNOUNCEMENT OF CURRENT EVENTS 4. 20-274 Announcement of current events from mayor and councilmembers. Councilmember Struble explained that the Salvation Army hosted another homeless shower event over the weekend and it was well attended again. He stated that they were able to find a mobile shower that will start coming out every other weekend once a location can be determined. Councilmember Evans has none. Vice Mayor Wilson stated that the city is having a special meeting tomorrow and encourages all to come. Councilmember Barker shared that she has attended four virtual Pinal Partnership meetings and finds them to be very interesting to see what other municipalities are doing during this unprecedented time. Councilmember Schroeder has none. Councilmember Rizzi has none. Mayor Serdy stated that an alert came out today to evacuate homes in Apache Junction but that we do not need to evacuate and he is unsure how that went out. Mr. Serdy encouraged all to watch yesterday's work session meeting to learn about the Arizona Cares Act grant. He announced that 4th of July fireworks will still occur this year but residents will not be on the football field and instead should watch from their vehicles and homes. G. CITY MANAGER'S REPORT 5. 20-275 City Manager's Report. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes June 16,2020 City Manager Bryant Powell shared that he is thankful that the city will still host the 4th of July fireworks this year even if it is in a different capacity. 6. 20-288 Presentation of Apache Junction's recently produced tourism video as part of the Arizona Office of Tourism's Marketing Cooperative and in collaboration with Visit USA Parks. Economic Development Director Janine Solley presented on the background of how Apache Junction's newly produced tourism video was developed. The 2.5 minute video was played for council. Ms. Solley explained that the video will be released on social media tomorrow and encourages all to share it. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 7. 20-277 Presentation by and discussion with staff and members of the health and human services commission regarding Fiscal Year 2020-2021 health and human services funding recommendations. Members of the health and human services commission will be present to answer any of the council's questions on these recommendations. Development Services Director Larry Kirch shared a summary of this year's applications totaling $157,000 for the $80,000 that is being allocated in the upcoming fiscal year for human services funding. He explained that action for this item will be on the July 7th council agenda. Mr. Kirch introduced Mary Erickson, the chair of Health & Human Services Commission (HHS), to present further on the applications and recommendations. Ms. Erickson explained that applications were received from Community Alliance Against Family Abuse (CAAFA), Horizon Health &Wellness, Superstition Food Bank, Genesis, Empowerment Systems, Boys & Girls Club, and Apache Junction Community Development Corporation (CDC). Empowerment Systems later withdrew their application. She stated CAAFA has requested $18,000 and HHS is recommending $17,450; Horizon Health &Wellness requested $25,000 and HHS is recommending $9,500; Superstition Food Bank requested $27,500 and HHS is recommending $$19,800; Genesis requested $12,000 and HHS is recommending $10,500; Boys & Girls Club requested $30,000 and HHS is recommending $16,750; and AJ CDC requested $24,000 and HHS is recommending $6,000. Mayor Serdy asked if the last three months went into the consideration when reviewing the applications. Ms. Erickson responded that yes they did consider the impact of COVID-19 when making recommendations. Councilmember Rizzi asked if the AJ CDC is a city organization. Mr. Powell replied that the city initiated the organization but it is now its own board and disconnected from the city. Councilmember Struble thanked the board for reviewing the applications and making recommendations. He stated that he would like to see the money focused on going to mental health and food service for our community. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes June 16,2020 8. 20-292 Presentation, discussion, and consideration of proposed Resolution No. 20-22, authorizing a temporary expansion of restaurant facilities including services, eating, and drinking and modifying signage requirements for all businesses due to the COVID-19 emergency"citywide". Councilmember Evans moved,seconded by Vice Mayor Wilson to approve Resolution No.20-22, authorizing the City Manager or designee to temporarily suspend enforcement, modify,or approve alternatives to requirements or specifications in the Apache Junction City Code related to outdoor seating and services for eating and drinking establishments as well as temporary signage for all businesses and organizations effected by the COVID-19 Emergency subject to county and state rules and regulations regarding serving of food and alcohol. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 Economic Development Director Janine Solley presented on the impacts that our business community has felt during the COVID-19 pandemic. Ms. Solley explained that passing this resolution will give businesses the opportunity to temporarily utilize outdoor areas for seating, eating and drinking and will also allow for additional signage. Councilmember Evans questioned it being temporary and not having a specific end date. Mayor Serdy stated that we don't know when the pandemic will be over so there cannot be an end date. Councilmember Rizzi stated that she appreciates it not having an end date in order to give help to the businesses for as long as possible. Mayor Serdy expressed his hopes that Economic Development will visit all of the local restaurants and businesses to see what they need and how we can help using the CARE grant. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 9. 20-276 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, July 6, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, July 7, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. Councilmember Barker moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Monday,July 6,2020 and that an Executive Session at 6:00 P.M.and Work Session at 7:00 P.M.for Tuesday,July 7,2020 be held in the city council conference room and city council chambers located at 300 E.Superstition Boulevard,Apache Junction,Arizona, respectively; and other meetings if necessary. Yes: 7- Mayor Serdy, Vice Mayor Wilson, Councilmember Barker, Councilmember Evans, Councilmember Rizzi, Councilmember Schroeder and Councilmember Struble No: 0 City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes June 16,2020 M. CALL TO PUBLIC George Martinez, 1075 S. Cortez Road, stated that he is requesting two relinquishments of easements on his property in order to build a shed. He stated that all utility companies stated they cannot use the easements, except for Apache Junction Water District which does not even service his area. He said that Rudy and Raquel have helped him tremendously but he can't seem to get through to the Water District. He does not understand the extra expenditure the Water District is requesting in order to even review his request. George Schroeder, 2444 W. Virginia Street in Apache Junction, stated that he filed an injunction against Pinal County regarding Mountain View Road. He explained that it is in the best interest of the city. He was able to get drawings of his house to development services and needs help with stopping code compliance from going after him. He said he wants to cooperate and he does his part in the community. Councilmember Evans asked that Mike Loggins is made aware of Mr. Martinez's problem. N. ADJOURNMENT Mayor Serdy adjourned the meeting at 8:15 pm ACCEPTED THIS DAY OF 2020, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. Piz File ID: 20-300 Sponsor: Jennifer Pena Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of minutes of the special meeting of June 17, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona Meeting location: pi City Council Chambers Meeting Minutes at City Hall s 300 E Superstition Blvd '+Q120N* Special Meeting of the Apache Apache Junc ion,AZ Junction City Council www.ajcity.net Ph:(480)982-8002 Wednesday,June 17,2020 7:00 PM City Council Chambers CALL TO ORDER Mayor Serdy called the special meeting to order at 7:00 p.m. Vice Mayor Wilson gave the invocation and Councilmember Rizzi led the meeting attendees in the Pledge of Allegiance. ROLL CALL Present 7- Mayor Serdy Vice Mayor Wilson Councilmember Barker Councilmember Evans Councilmember Rizzi Councilmember Schroeder Councilmember Struble Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Thomas Kelly, Chief of Police Al Bravo, Public Information Officer Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager CALL TO THE PUBLIC Mayor Serdy explained how call to the public works. Terry Kridler, 489 N. Gold in Apache Junction, explained what perception means. She listed five examples of other businesses (Mongolian Grill, Cobbs, The Handlebar, Philly's, and The Hitching Post) in the community and explained how she perceives the city has treated them. George Schroeder, 2444 W. Virginia Street in Apache Junction, stated that there are odd differences in how businesses are treated. He has reported other businesses violating codes and nothing has been done. He believes City Attorney Joel Stern has done nothing wrong and is only doing his job. Forest Moriarty, 9138 E. Encanta Street in Mesa, explained that his family moved to Apache Junction 30 years ago and has moved in and out of Apache Junction ever since. He says City of Apache Junction,Arizona Pagel Special Meeting of the Apache Meeting Minutes June 17,2020 Junction City Council Apache Junction needs to get back to what makes it great. He said the perception of this situation is bad and no one wants to be apart of it. John White, 2610 164th Street in Washington, does not have anything else to add at this point. John Litten, 651 S. Canfield in Mesa, would like to see someone explain the city's code regarding noise. He stated that the perception is not good and it will show its head during the next election. He said that the council is not only doing this to Mo and Tina but to thousands of their patrons. He appreciates the chance to speak and hopes his comments register with some. Mehmood Mohiuddin, 2304 N. Cortez Road in Apache Junction, would like to know if he also gets a chance to speak his history since the city posted their side. He does not agree with it. He said he is fine with being convicted but he is going to appeal it and fight until he dies. Colleen Shipman, 1615 W. Mockingbird Street in Apache Junction, states that the timeline posted by the city skips time. She insinuated that the mayor and two councilmembers held a meeting and let Mo know that the charges would be dropped. She says that the city has a horrible reputation. Denise Moulsen, 2094 W. Windsong Street in Apache Junction, stated that she is a former employee of the city and she has personally seen discrimination while on the job. She wishes she would have filed a lawsuit because she was treated so poorly by the city and her boss. John Hetzel, 8910 W. Quail Trail in Queen Creek, says that he brings the bulls up to the bull riding every week. He says he does it for the kids and every year they send several of these kids to national rodeos. He says if the rodeos run long then they do turn off the sound. He stated that Mo has spent a ton of money rebuilding the sound system and they run fundraisers to help several different people in need. Bruce Butler, 1670 E. Cody Street in Apache Junction, stated that he is really surprised as he hears music coming from Philly's at his home and he hears noises from the museum and ghost town and no one is bothered by those. He hopes this is not a racist situation. Bonnie Goldsbury, 2320 N. Apache Trail in Apache Junction, operates her small business 500 feet from the Hitching Post. She listed towns that host bull riding. She says she left a 35 year old career to relocate to Apache Junction and the reports of noise and dust are enhanced or fabricated. She thanked the council for their thankless job and asked them to do a better job and make better decisions for small business owners. Kelly Townsend, P.O. Box 3004 in Gilbert, states that she has made it very clear on her feelings of what has happened to Mo and the Hitching Post. She wants to be proud of her district and she is embarrassed right now. She wants to see equal application of the law in Apache Junction and asked if anyone has made this personal and if so then set it down and do what is right. Jacqueline Parker, 8847 E. Jacaranda Circle in Mesa, stated she is an attorney and described the lack of enforcement in this situation. She repeated parts of the city code and said the city's code on noise ordinance is very vague and makes it hard to enforce. She said the solution to City of Apache Junction,Arizona Page 2 Special Meeting of the Apache Meeting Minutes June 17,2020 Junction City Council this is that the city needs to improve their code and to require accountability. Ellen Pierson, 141 W. Hunter Street in Mesa, stated she is here to support Mo. Her desire is to move to Apache Junction. She finds the timeline to be ridiculous and says Mo has done a lot for the community. Brek Pinkerton SW A317, 2290 E. Junction Street in Apache Junction, said he is a native and has lost a couple nieces and nephews over the years to drugs. He said Apache Junction has a lot of cool attractions, including the bull riding and it is another thing that could help kids stay away from drugs. Mayor Serdy requested a 5 minute break. Brittany Schnabel, 1312 W. 18th in Apache Junction, stated that outside of Mo that residents love the Hitching Post. Her daughter loves rodeos and bull riding now due to the Hitching Post and that she is going to get married at the Hitching Post. She asked council to consider what is being brought up to them tonight. Scott Burns, 3240 E. Emerald Circle in Mesa, stated he has lived in the east valley for 30 years. He is in a motorcycle club and knows how it is to be harassed. His motorcycle club has used the Hitching Post numerous times for fundraising events and asks council to reconsider. Robert Masch, 1755 S. Sombrero in Apache Junction, says he feels for what Mo is going through as his business has gone through this on and off for the last 8 years. He said that the council has to get control of their staff and doesn't want to see Mo lose his business. Teri Brinkley, 382 W. McKellips Road in Apache Junction, loves Apache Junction other then the prejudice she has seen lately. She explained events that Mo hosts at the Hitching Post and how they are good for kids. Debra Hurley, 2208 W. Baseline in Apache Junction, stated she remembers when the Hitching Post opened and enjoys the atmosphere. She says that council has helped Mo but there is always something else and that people come to Apache Junction for the country music and because it does not cost to get in. AGENDA ITEMS 20-291 Discussion on state and local public nuisance laws on noise and light pollution, compliance from commercial and residential properties, penalties and legal processes. Representatives from Pinal County may be called upon to comment in addition to city staff. Mayor Serdy explained that this is the first time he has seen the timeline and does not know who created it. Mr. Serdy would like a solution to anonymous complaints and would also like to see a decibel level created. Councilmember Barker thanked everyone for attending the meeting. She said that the city has no control over someone picking up their phone to complain and cannot do anything on what Pinal County Court has decided. She reiterated that the city has no control over their decision. She thinks the Hitching Post is a wonderful place and that Mo is a marvelous part of this City of Apache Junction,Arizona Page 3 Special Meeting of the Apache Meeting Minutes June 17,2020 Junction City Council community and that the city has no plans to knock down the Hitching Post or put him out of business or take his land. Councilmember Schroeder asked how these charges got sent to the county. Councilmember Evans asked for the county prosecutor to speak. The Pinal County Prosecutor responded that this was a conflict case due to complaints from Apache Junction Police Department and because City Attorney Joel Stern was specifically named in a lawsuit by Mr. Mohiuddin. He stated that he personally read all of the reports and watched all videos and determined that it was more then sufficient evidence to charge Mr. Mohiuddin with 15 counts of creating and maintaining a public nuisance. He reminded council that the 5 surrounding neighbors have lived there long before the Hitching Post started bull riding. He explained details of the case and that it was heard over 3 days with multiple witnesses. Mayor Serdy explained that council cannot discuss things that were discussed in executive session. The Pinal County Prosecutor reminded council that he was responsible for prosecuting this case and would not have dismissed the case if anyone, including Joel Stern, would have requested him to. Councilmember Rizzi stated that she respects Mr. Mohiuddin and she is worried that this will impact all small businesses in this town. She is concerned that there is no standard decibel reading and that the city allows anonymous complaints. Vice Mayor Wilson stated that the Pinal County Sheriffs Office has agreed to respond to future noise complaint calls at the Hitching Post. The Pinal County Prosecutor stated that his case is closed and that any future charges can be handled by the city. He stated that the judge found Mr. Mohiuddin guilty and issued a fine and probation. He reiterated that he has worked with the neighbors for two years and the neighbors of the Hitching Post are good people and there is not one inkling of racism in them. Councilmember Rizzi asked if residents could be charged like this due to anonymous complaints. The Pinal County Prosecutor said there is a difference between a private nuisance and a public nuisance and that these were not anonymous complaints. Councilmember Schroeder asked if the judge threw out the videos. Prosecutor responded no, he absolutely did not throw them out as Mr. Mohiuddin has falsly claimed. Mayor Serdy stated that he received an email from a former councilmember today and read that e-mail out loud. Chief Thomas Kelly stated that he has spoke with Sheriff Lamb on the possibility of Pinal County Sheriffs Office handling noise complaints only at the Hitching Post and that there has been no formal agreement put in place yet. Vice Mayor Wilson stated that it is important to remove the city from these complaints at the Hitching Post which is why he has asked the county to step in. City of Apache Junction,Arizona Page 4 Special Meeting of the Apache Meeting Minutes June 17,2020 Junction City Council Chief Thomas Kelly stated that there has been no issue with the Apache Junction Police Department responding to calls at the Hitching Post. They file the charges but it is ultimately up to the judge to find the defendant guilty or not but his office will respond or not respond, however council requests. Councilmember Evans stated that Apache Junction Police Department has not done anything wrong and neither has the city. She reminded council that there are victims in this case and does not see the point of having the sheriffs office intervene when they already have so much land to cover and they do not know city codes like our police department does. She reiterated that the calls were not anonymous and everyone knows who made the calls. Ms. Evans appreciates the enthusiasm for bull riding and appreciates the efforts of Vice Mayor Wilson but does not think it is a solution. Councilmember Rizzi reminded council that they are the ones who approved the bull riding. Councilmember Schroeder read some of the complaints that came in to the police department and finds it more of a coordinated effort rather then a victim situation. City Attorney Joel Stern stated that the noise ordinance will be brought back on direction to staff in August and encouraged council to change the ordinance if that is what they want. Vice Mayor Wilson reiterated that he wants to get the city out of the equation in having a neutral party, the sheriffs office, respond to noise complaint calls at the Hitching Post. Mayor Serdy hopes that council can rectify this going forward and protect small businesses. ADJOURNMENT Mayor Serdy adjourned the meeting at 9:10 pm. ACCEPTED THIS DAY OF 120207 BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12020. JEFF SERDY Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 Special Meeting of the Apache Meeting Minutes June 17,2020 Junction City Council CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 12020. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. '+PizoN►' File ID: 20-224 Sponsor: Pamela Harrison Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for fiscal year 2019-2020. A.R.S. 9-418 requires the Library Board to make an annual report to the governing body of the city on or before the first Monday of July of each year. The report was adopted and approved by the Library Board at a special meeting held on June 18, 2020. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 Apache Junction Public Library Board of Trustees Annual Report 2019=2020 F 1 r T • Libraries = • Adapt - A � rA 1 ,\ A d*irectorlls message I am honored to share with you the 2019-2020 Apache Junction Public Library Board of Trustees Annual Report. This report represents a year of the many accomplishments of the Library Board of Trustees and Library staff, our adaptations to changes, and dedication to putting the needs of our community first. vf' In 2019, great gains were made in expanding public access to our materials and physical space. We extended our Monday and Wednesday hours to 8 pm, waived all existing and future overdue fines on youth materials, and created Easy Access library cards that allow limited borrowing to those who do not meet standard library card requirements. The "New Services" page in this report gives a more detailed view at all we have done to improve the customer experience. Like the rest of the nation, we were caught off guard when COVID-19 hit in March 2020. Public libraries were completely closed to the public, most only able to offer online materials to their patrons. But we adapted. The day after closing our doors, the drive-up window, which had never been implemented after the recession of 2008, was opened. Holds for books and movies were being placed, and we were seeing over 100 cars per day at the new window. We were proud to be able to offer some sort of normalcy and comfort to our community. Apache Junction Public Library is more than books, DVDs and computers; it is also a place to find hope, inspiration, a helping hand and a brighter future. As we continue to grow and adapt, please know that my door is always open and I welcome your thoughts, ideas and concerns. Pamela Harrison, Library Director library board of trustees Willie Howard, President Frank Schoenbeck, Vice President Apache Junction Public Library James Jackson, Secretary I mission statement Judy Borey The Apache Junction Public Library is a Braden Biggs welcoming destination providing education, Samuel Graves technology, information and entertainment, enriching the lives of individuals and families in Vera Walters our diverse community. new Communico is an event management tool for both Library staff and public use. Staff can easily reserve library program space as well as publicize events to the community. Patrons can view and register for events and receive reminders about upcoming events they are interested in. Easy Access Cards allow patrons who do not meet requirements for a standard library card to check out a limited number of items, use in-house computer equipment, and access databases and eMaterials outside of the library. Extended Hours In August, increased access to services was achieved by extending the Library's hours. We are now open until 8pm Monday through Thursday, allowing greater community engagement opportunities. Drive-Up Window The Library renovation project and subsequent economic reces- sion of 2008 resulted in a never-realized Library service tool that was finally able to take the limelight during the COVID-19 pandemic of early 2020.The drive-up window was instrumental in allowing patrons to safely pick up their held items when they most needed them and will soon provide even more Library services to the public. Walk-Up Service"Window"This walk-up equivalent to the Drive-Up Window provides access to materials and services for those who do not have motor vehicles and is also ADA compliant. The window will be used when limited staff is available or to provide secure services before and after normal library hours. Books By Mail delivers large print books directly to homebound patrons with a postage-paid mailbag for quick and easy returns. Charter School Outreach This unique partnership with Champion Charter School in San Tan Valley ensured students had plenty of opportunities to read throughout the school year. All students were issued Easy Access Cards and enjoyed regular bookmobile visits by Library youth staff. Youth Overd ue Fi nes No overdue charges or collection of late fee fines for any Li bra ryyouth materials was passed by the Library Board in June 2019 and took effect in August. Research shows that overdue fines are an ineffective motivator to return books promptly. Additionally, fines are an unnecessary barrier for children who often lack the autonomy or ability to return library materials on time, and for families who cannot afford to pay them. program highlights I adult Writer in Residence In February, acclaimed crime fiction novelist James L. Thane, became AJ's inaugural Writer in Residence. Funded by the Arizona State Library, the program is a perennial favorite at selected libraries throughout the state. During his three-month residency, Thane offered encouragement, direction and feedback to local authors, no matter where they were ' on the path to publication. Thane was available for one-on-one consultations and held workshops to help writers get their projects off the ground and through to the final rewrite. In addition to Thane's customized feedback, his entertaining programs included creating characters you can live with and notable crime fiction set in Arizona. That relentless antagonist, COVID-19, interrupted the residency but didn't thwart us as we moved from live consultations to emails, blogs and podcasts. Thane's last program will be rescheduled for later in the fall of 2020. A Child's Christmas in Wales In December, we celebrated a Welsh Christmas tradition when native ®®o�� Welshman, Dulais Rhys, Ph.D. presented A Child's , Christmas in Wales by Dylan Thomas. The enthusiasticq audience enjoyed an afternoon of reminiscences, • anecdotes, childhood adventures and family incidents full of atmospheric Welsh charm and humor, and seasonal refreshments. A Matter of Balance In early fall, 23 participants got a "leg up" on healthier living when they attended A Matter of er of Balance: Managing Concerns about Falls. Presented in '�jD1�DIVIGe partnership with Dignity Health East Valley, the eight-week course emphasized practical strategies to reduce the fear of I elmeen Uignllc llenl@ rasl Valley In partnership and ilpurhe Juncluin Yublir 6ibra7 free Workshop falling and increase activity levels by improving flexibility, TuesdaNsfrovn balance, and strength. Light refreshments were served and all q;gp-1130 0ci-ober1-NoVevnber161 participants who completed the series received a certification 'Register At AJpLor%, �ggp�q.�4-0555 oY the of completion and a participant handbook. More importantly, service'Desk- 5 �n9isGvnitod the group left with increased independence and a strong � sense of community as they worked, laughed and shared x�. experiences - often with only one foot on the ground! new program highlights I youth r Sensory Storytime It is oftentimes challenging for special needs families to brave the trials and tribulations of public interaction, so the Library tries to make these interactions as positive and rewarding as possible. Sensory . Storytime incorporates theory and practices from Sensory Integration Occupational Therapy into a preschool storytime that is fun and appropriate for young children with Autism Spectrum or Sensory Processing Disorders. It provides a safe space for children who may be too loud or impulsive to participate in other library activities. Sensory Storytime is smaller than a regular preschool storytime and incorporates a visual schedule and many sensory-friendly, interactive components to encourage children's focus and attention, such as songs, fingerplays, flannel stories, scarves, egg shakers, bean bags, bubbles and other manipulatives. It is followed with open play and socialization time. Since its inception this year, all registration slots for Sensory Storytime have been filled. Writing Boxes The ability to write is essential to the skills of literacy, but is often met with negativity. The aim of Writing Boxes was to provide 8 weeks of Or' writing mentorship to children ages 6-14 through fun, no-pressure, purposeful writing activities including mapmaking, comics, menus and recipes, poetry and more. Boxes full of writing supplies were provided at ;;do � each class, and every parent participated with their child. Four to five families attended regularly, and 8 ��� ��• weeks soon grew into 16. The enjoyment of writings 8 �� • from intrinsic motivation was made evident by the smiling faces during classes and the extra writing samples the children brought in to share with their peers. Although librarians normally emphasize the importance of reading, one must remember that to be ° a reader is to be able to understand what is being communicated through writing. Returning Programs Youth 1�1�L. Adult Coding Club Anime Nights Art in the Library Bells of Praise Countdown to Noon Crafting Blood Pressure Checks Family Board Games Dr. Seuss Day Food Tasting Classic Book Club LibraryCON Halloween Event Game Nights Computer Classes Saturday Creativity Harry Potter Book Night Karaoke Genealogy Users Group Spread the Love Rock Kids Kreate Murder Mystery Mystery Book Club Painting Leap Into Science Painting Non-Fiction Book Club LEGO Building Thursday Night Movies Minecraft Wild West Crochet Paws 2 Read Club Preschool Junction Winter Lecture Series Storytime Writer's Club Preschool University Community Partnerships AASK (Aid to the Adoption Read and Rec of Special Kids), Apache Junction Founder's Day Partnership with meetings, Arizona Town Hall (Strong Families, Thriving Parks and Recreation Children), First Things First Breakfast of Champions, Reptile Event Queen Creek Homeschoolers, University of Arizona Santa Claus Visit Developmental screenings Star Wars events Tea Parties All programs are made possible by the Teddy Bear Sleepover Friends of the Library,who assist the public Friends of l rnoN�� library in serving the people ofA ache Junction OFAP Toddlerobics Y � g P P P Young & Restless Storytime by providing funds for special materials, literacy projects, equipment and programming. •M l � via i` the numbers TOTAL CIRCULATION S329732 io materials . ' ' , � 389993S ILCHECKED OUT FINESiL 1009401 Teems in physical collection 2069733 VISITORS items checked out books 1521700 audiobooks 9629 movies 228,970 music 37338 lCo11te11t 1331857 other 4238 • r-r f--F tF,W MUMI In-person visitors 206,733 Total circulation - all material 532,732 Circulation for eContent Holds placed 28,523 Books borrowed through I L 31p734 Books loaned through ILL 358 Items in physical collection 100,401 new Items lost or missing 11392 Items added to collection 8,192 libraryCulture Passes circulated 879 Volunteer hour 3,807 Computer sessions 29,376 ea rds Wif,�Us Number of programs 1,391 Program attendance 14,015 New patron registrations 3,734 Total cardholders 54,955 - top circulated ti*tl( . 4K fi�pY Kd n ee.,. a ..x r' n JUHN WICK tiridnc lae J<Ff K;n y Fiction Non- Young Children Movie Fiction Adult CITY OF APACHE JUNCTION PUBLIC LIBRARY Fiscal Year: 2019-2020 STATEMENT OF PROPERTY Location: 1177 North Idaho Road Apache Junction,AZ 85119 The building resides on the Apache Junction Municipal Government 20-acre complex. Legal Description: W 1/2 SW 1/4 of Section 16 Township 1 North Range 8 East Gila and Salt River Base and Meridian,Pinal County, Arizona. Fixed Asset Inventory: See attached list. Money: Received,where derived,how used and expended. Seethe attached financial statement. CITY OF APACHE JUNCTION PUBLIC LIBRARY FINANCIAL STATEMENT Fiscal Year 2019-2020 RECEIPTS(As of June 41h, 2020) GENERAL FUND Library Fines $ 6,911 Registration 1,441 Library Cards 1,331 Photocopies 11,669 E-Rate Subsidies - TOTAL GENERAL FUND $ 21,352 LIBRARY FUND 20,157 GRANTS- IN-TRUST 277,908 TOTAL RECEIPTS $ 319,416 EXPENDITURES(As of June 41h, 2020) GENERAL FUND Personnel Costs $ 1,245,474 Commodities 237,915 Debt Service 25,766 Capital Equipment Outlay 9,600 TOTAL GENERAL FUND $ 1,518,755 LIBRARY FUND 26,337 GRANTS- IN -TRUST 328,741 TOTAL EXPENDITURES $ 1,873,832 L James Jackson, Secretary of the Library Board of Trustees, do hereby verify that the above financial statement for the Apache Junction Public Library represents a true and accurate record of all receipts and disbursements for the fiscal year 2019-2020 as of June 16, 2020 Sig ature Subscribed and sworn to before me this ( ` day of �;j�'e"\ '-- 2020. '. > CIAL SEAL +;�" " � =j vz�<.,_.io�.:�.�_t d�,���� .1�' ��.�. �>✓T t' �� Maureen Fre�n,kson ( � NOTARYPUBi_iC-ARiZONA Notary Public mad:'-Pa County COMM,# 549831 My Comm,cxoires Juiy A,2022 n [County My Commission E pires: 1- t � 1Ll (-� .�- Capital Assets as of May 31,2020 System Acquired No. Tag No. Description Class Fund Date Department Aquired Value 000838 NT00194 Library Shelving(Group III Bid) ME 001 06/30/86 1118-Library 19,091.00 000839 NT00197 Furniture-Group IV-Cases,Stands,Racks,Tables,Card Catalog Files,Study Carrels ME 001 06/30/86 1118-Library 17,055.00 000840 NT00217 Shelving and Study Carrels ME 001 11/30/89 1118-Library 7,984.33 000877 0002778 Statue-Bronze,"The Wild Bunch" ME 001 06/30/79 1118-Library 8,993.09 001795 NT00416 Library Bureau Steel Shelving ME 001 06/20/00 1118-Library Sound Business Systems 7,504.00 001944 80-001 Vehicle-2003 Honda Odyssey 7 Passenger Van ME 001 06/30/03 1118-Library Honda Cars of Mesa 27,078.15 002050 0003031 8210 Selfcheck Workstation ME 004 08/01/05 1118-Library Dynix 21,784.00 002100 0003032 Panasonic AG-HVX200 HD/SD Camcorder DVC ME 001 04/04/07 1118-Library EAR Prof.Audio Video 5,432.03 002149 1OB0248 Model M877 Book Drop w/Back Chute BI 004 06/30/07 1118-Library 3 M 23,555.78 002150 10B0249 Model M877 Book Drop w Back Chute BI 004 06/30/07 1118-Library 3 M 23,555.77 002151 0003036 Digital Library Assistant Model 803(2) ME 004 06/30/07 1118-Library 3 M 16,122.56 002152 0003037 3M Selfcheck System Model 8410(2) ME 004 06/30/07 1118-Library 3 M 45,360.34 002153 1OB0247 Model M877 Book Drop w/Back Chute BI 004 05/31/07 1118-Library 3 M 23,555.78 002327 3038 Libra Stack Shelving ME 001 05/21/08 1118-Library Arizona School Furnishing 16,107.75 002348 0003039 Yamaha CVP40 Organ ME 001 12/17/07 1118-Library American Express 6,485.99 002360 1OB0205 Hyperbolic Sail Shade Structure BI 004 04/16/08 1118-Library Mohave Ed Sery 20,750.65 002368 0003043 Outdoor Projector Enclosure Kit ME 004 05/15/08 1118-Library Troxell Communications 7,418.60 002396 0003045 Projector,Sanyo PLCXF47 ME 004 07/31/08 1118-Library Troxell Communications 20,994.86 002506 80-002 Vehicle-2009 Isuzu Crew Cab NPR conversion to Book Mobile ME 004 10/12/10 1118-Library Chapman Chevrolet-Isuzu 103,113.13 002574 0001615 Window Tinting @ Library BI 001 05/10/12 1118-Library TrueView Windows/Glass 20,741.52 002661 80-003 Vehicle-2013 Ford E350 15 Passenger Van ME 004 08/22/13 1118-Library Chapman Ford 29,862.19 002662 0003046 Speakers,(outdoor/indoor PA system),70V white ME 007 10/09/13 1118-Library Troxell Communications 10,098.52 002712 0003047 Dell SonicWALL Network Security Appliance(NSA)3600 ME 007 05/01/14 1118-Library Dell 7,767.30 002733 0003048 Door,Auto Bi-Part Sliding with Glass ME 001 10/20/14 1118-Library Record 7,660.20 002894 0003049 RFID Gate,Staff Connect&Library Connect Software for RFID Tag Alarm ME 007 11/20/17 1118-Library Bibliotheca 16,124.00 002932 0003050 Gate,RFID ME 001 12/31/18 1118-Library Bibliotheca 13,803.00 002933 0003051 Display-OneScreen 75"Touchscreen,mobile cart,speakers,keyboard ME 007 02/20/19 1118-Library Clary Business Machines 9,164.00 002939 0001644 12.5 ton Daikin HVAC Unit ME 001 05/30/19 1118-Library Johnstone Supply 9,180.54 Count=28 $ 546,344.08 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No.6. 'Piz File ID: 20-298 Sponsor: Larry Kirch Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration and approval of Fiscal Year 2020-2021 Health and Human Services Commission funding recommendations. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 O� p,PACHE�Gti n z City of Apache Junction Development Services Department qR/ZONP Staff Memorandum HHSC Recommended Funding for FY 20/21 DATE: JUNE 16, 2020 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: LARRY KIRCH, DIRECTOR OF DEVELOPMENT SERVICES SUBJECT: FY 2020/21 HUMAN SERVICES FUNDING RECOMMENDATIONS The Health & Human Services Commission, as required by City Code, met on March 26, 2020 to interview all qualified applicants and review FY 2020-2021 human services funding requests. The Commission met again on May 28, 2020 to discuss and to formulate their recommendations to the City Council. Members of the Health and Human Services Commission will be present at the June 16t" council meeting to answer any questions on these recommendations. The city received applications from seven agencies requesting a total of $157,000 for the $80,000 that is being allocated in the upcoming fiscal year for human services funding. The city took over Senior Services and funds those at approximately $25,000 per year, so the total funding for city social services amounts to $105,000 per year. Adherence to the provisions of the newly adopted human services contracts is a requirement of funding. The commission voted unanimously to make the following recommendations for FY 2020-2021 contingent upon the applicant's complying with the health and human services agreement, compliance with the city code in which two persons are listed on the application, and any further documentation requested by the board be submitted no later than June 3rd 11Page Agency Request Proposed Use of Recommended Contingent Funds Funding Recommendation CAAFA $18,000 Intervention services $11,700 $17,450 Horizon $25,000 Mental Health First Aide $9,500* $9,500* Train the Trainer Services Food Bank $27,500 Provide food boxes $19,800 $19,800 Genesis $12,000 Provide community $10,500 $10,500 programs and support Emp Sys $16,000 1) Outreach and $11,500 $0 enrollment, 2) Laundry program B&G $30,000 Staff for power hour $11,000 $16,750 AJCDC $24,000 Administration costs and $6,000 $6,000 various projects Total $157,500 $80,000 $80,000 *The contingency recommendation for Horizon Health and Wellness is that the city council consider carrying forward the $15,000.00 that was allocated to them for fiscal year 19/20 and not spent be used for the 20/21 proposed training for a total of$24,500. Staff Recommendation: Staff recommends that the city council approve the contingent recommendation of the Health and Human Services Commission for the Fiscal Year 2020-2021 for the following reasons: 1) Empowerment Systems has withdrawn their application for funding for FY 20/21 due to staffing changes. 2) Horizon Health and Wellness is proposing to complete SafeTalk training by June 30, 2020 for youth and to cancel ASSIST for adults at this time and expending the $15,000 allocated for FY 19/20. 3) Based on a funding level of$9,500 (rather than $24,500), Horizon Health proposes to undertake Mental Health First Aid Adult Version for the 20/21 FY. Attachments: • Heather Patel's Summary Review of Applications • Historical Funding Comparison Table • Horizon Health and Wellness modified proposal based on a reduced funding level of $9,500 2 1 P a g e Staff summary comments presented to HHSC prior to March 26, 2020 HHSC meeting Community Alliance Against Family Abuse Request = $18,000 Project: Intervention services Proposed agreement scope of work: o Provide intervention services to those experiencing domestic violence o Provide domestic and sexual violence advocacy o Provide lay legal advocacy at per unit cost o Provide licensed Empowerment Counseling — Support groups & 1-on-1 sessions o Provide transition-in-place program advocacy/intensive case management o Provide a 24-hour crisis line Proposed reporting requirements: o Number of Empowerment Sessions provided at per unit cost o Number of Empowerment Support provided at per unit cost o Number of Legal Advocacy Services provided at per unit cost o Number of General Advocacy Services provided at per unit cost o Number of people served including % AJ residents Staff comments: The proposed service appears to be a service offered regardless of the funding received. Although this is a valued service, it is not clear, how this funding will make a difference in programs offered. This appears to supplant existing services. Likewise, the proposal does not provide a guide on how many of each service will be provided. The proposal simply indicates it is on a per unit cost. There is no way to determine if they are on target to meet goals. Although mindful of the service they provide, their quality of reporting under previous awards, their commitment to the community, and the favorable scoring from the commissioners, staff does not recommend funding this project. However, if awarded, staff recommends a different project for future requests. Horizon Health and Wellness Request = $25,000 Project: Mental Health First Aide Train the Trainer Services Proposed agreement scope of work: o Training for four people in Mental Health First Aide and Mental Health First Aide Youth including travel and materials o Provide a minimum of one training event under each program within the community during program year Proposed reporting requirements: o Certificates of completion o Travel and curriculum receipts o Evidence of trainings held, number of attendees, agency partners/attendees Staff comments: The state of mental health within the community is of great interest. Educating a mental health organization's staff on mental health first aide seems counterintuitive. However offering this training to non-typical providers would extend the reach for services thus enabling Horizon to provide this training to the community on an on-going basis. Staff would be remiss to mention the concerns regarding the existing 3 1 r a g e agreement for services and the agencies noncompliance. Therefore staff does not recommend funding at this time. However, if awarded, staff recommends partial funding for non-Horizon staff to receive the training. Superstition Food Bank Request = $27,500 Project: Provide food boxes Proposed agreement scope of work: o Provide a minimum of 400 people with 39 lbs. of food o Provide monthly educational opportunities Proposed reporting requirements: o Number of people served o Pounds of food distributed o Percentage of those served by zip code o Evidence of educational activities and distribution or number of people who participated o Conduct a customer satisfaction survey to obtain the following relating to the educational component: what education services were received, were the services helpful, their gained knowledge, will the services received move them to be less food insecure (if not why), and their satisfaction level for services received Staff comments: Food insecurity is a growing concern. Proving food to the community is a basic essential need. Often handing out food once monthly is not enough. Educating recipients on a variety of areas may help with become less food insecure. Education may take various forms including classes, shared resources, and print materials. These services are services the city has identified as a need and are not able to provide. Thus, staff recommends funding of this project. Genesis Project Request = $12,000 Project: Provide community programs and support Proposed agreement scope of work: o Community access to essential services for a minimum of 10 hours per week o Community access for heat relief for a minimum of 14 hours per week o Community access to safe community space for a minimum of 14 hours per week o Expanded water storage and distribution access for a minimum of 14 hours per week o Space for agencies to provide outreach services through the AJ Community Resource Center for a minimum of 8 hours per week Proposed reporting requirements: o Number of people served — provide a copy of the sign in sheet o Percentage of those served by zip code o Services received Staff comments: The Apache Junction Community Resource Center is a collaborative effort through the Apache Junction Homeless Coalition. City staff creates the schedule for services and the Genesis Project has offered the space. Additional services being provided within this space are all essential services identified in the Strategic Plan on Homelessness, an effort lead by the city. These services are services the city has 4 1 r a g e identified as a need and are not able to provide. Staff recommends funding of this project. Empowerment Systems Request = $16,000 Project: 1) Outreach and enrollment, 2) Laundry program Proposed agreement scope of work: o Serve as the citywide contact for information, referrals, and services thereby accepting all calls transferred from the city for requests of services o Staff the Apache Junction Community Resource Center Mondays and Wednesdays from 11-3 and answer all questions for customers, even those outside the normal scope of services for Empowerment Systems o Provide a laundry event twice monthly serving a minimum of 500 people in program year o Manage the Project Connect event and serve as lead for the Point In Time count Proposed reporting requirements: o Number of people served o Percentage of those served by zip code o Type of assistance sought/received o Number of calls routed from the city for assistance o Conduct a customer satisfaction survey to obtain the following: what services were sought, was Empowerment Systems able to assist them, their gained knowledge of community resources, was their problem resolved (if not why), and their satisfaction level for assistance received o What activities were completed during reporting period including meetings, events, partnerships created, and projects completed Staff comments: City staff has requested a staff person for two budget years to provide outreach and service as the contact person within the community for social services. This request was not fulfilled in FY19 and remains under discussion for FY20. Providing funding for these services outside of the city, reduces the cost to the city budget, reduces staff time spent on some of the daily requests for referrals and resources, and reduces staff time on special events/activities. Furthermore, the need for a laundry service was identified in the Apache Junction Strategic Plan on Homelessness as an essential need and gap within the community. These services are services the city has identified as a need and are not able to provide. Staff recommends funding of this project. Boys and Girls Club Request = $30,000 Project: staff for power hour Proposed agreement scope of work: o Provide power hour 250 days for the program year for 85-90 people per day o Free annual membership totaling $28,664 ($30/youth and $15/teen) averaging 1200 scholarships. Proposed reporting requirements: o Number of children attending each power hour o Number of scholarships provided and address for each child 5 1 P a g e Staff comments: Power hour is a staple under the Boys and Girls Club programming. This service is provided regardless of the funding received. If this funding is to hire staffing, the club should detail their staffing levels to demonstrate they do not have the staff capacity. This appears to supplant existing services. Staff does not recommend funding this project. Apache Junction Community Development Corporation Request = $24,000 Project: Administration costs and various projects Proposed agreement scope of work: o Maintain the organizations non-profit status, insurance requirements, financial systems, and a website o Manage a Make A Difference Day event while seeking alternate funding sources for support o Provide transport of household hazardous waste for AJ residents during city held HHW events o Manage a volunteer based community revitalization effort to help elderly and disabled homeowners maintain their property on a regular basis while seeking alternate funding sources for support (provide service to a minimum of 5 homeowners) Proposed reporting requirements: o Number of people served o Type of assistance sought/received o Address of individual homeowners served and frequency of visit o Number of volunteers served o Outside funding sources received o Conduct a customer satisfaction survey to obtain the following: what services were sought, was the CDC able to assist them, was their problem resolved (if not why), and their satisfaction level for assistance received Staff comments: The city has a history with the CDC and has financially supported the organization's administrative costs while they become self-sufficient. In order to place in writing the services the city wishes to receive from the CDC, the city has opted to consider this organization under the Health and Human Services Commission program. The additional programs identified in the proposal are additional costs outside what the city has funded in the past. Not all services are health and human services and thus are not eligible under the commission funding. All programs are volunteer based and the special projects may result in associated costs for materials. Staff recommends partial funding for the minimum of administrative costs of $6,000. 6 1 P a g e HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE AGENCY FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 -12 -13 -14 -15 -16 -17 -18 -19 -20 21 AJ Community Development NA NA NA NA NA NA NA NA NA 24,000 Boys&Girls Club of Apache Junction 30,000 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000 8,000 8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 Community Alliance Against Family 14,500 14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000 Abuse(CAAFA) 14,500 14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 East Valley Adult Resources(for AJ Senior 30,000 30,000 30,000 30,000 30,000 40,000 NA NA NA NA Center 25,000 26,000 30,000 30,000 28,000 0 East Valley Adult Resources(for van NA NA 45,000 40,000 30,000 35,000 NA NA NA NA transportation) 0 0 0 0 Empowerment Systems NA NA NA NA NA NA NA NA NA 16,000 Genesis Project NA NA NA NA NA NA NA NA NA 12,000 Horizon Health&Wellness NA NA NA NA NA NA NA NA 20,000 25,000 15,000 Superstition Food Bank(AJ Food Bank) 20,000 25,000 30.000 30,000 32,000 50,000 32,000 50,000 75,000 27,500 20,000 25,000 30.000 32,000 32,000 32,000 7,000 33,000 24,500 United Way NA NA NA NA NA 7,735 50,000 10,000 NA NA 0 10,000 2,000 7 1 P a g e Horizon Health and Wellness amended funding request $9,500 Larry, Here is the revised City of Apache Junction Health and Human Services Commission grant proposal for the 2020/21 period. I have reduced expenses down to the $9,500 that the commission proposed and have cut the programming to align with this dollar amount. I am still doing some verification for the virtual trainings to make sure that there are spots available in upcoming trainings occurring in July. If there is no room in those trainings, we will attempt to get training done by the end of August so that we have plenty of time to conduct the community trainings during the new grant year. Let me know if you have any questions. Thank you (Cheri DeBree) June 3, 2020 To whom it may concern, Thank you for the opportunity to apply for grant funds once again from the City of Apache Junction. Below, you will find an updated proposal based on a new request for$9500. Please find our original proposal also attached at the end of this update. Horizon Health and Wellness (HHW) proposes to provide vital outreach, education and treatment services to help the residents of Apache Junction who are affected by a mental illness or are at risk for suicide and other harmful behavior. We would accomplish this by providing Mental Health First Aid Adult Version to the residents of Apache Junction, with a focus on trainings being delivered to educators, community stakeholders, first responders, city staff, retirement communities and parks, and the general population as needed. HHW will also seek guidance from the commission as to priority populations that they would like to see trained under this grant. We are requesting$9,500 in funding to be able to provide these vital trainings in Apache Junction. Funds will be used to enable HHW staff(2)to become trainers in Mental Health First Aid, which is an evidence-based, in-person training program with proven ability to teach individuals how to recognize and respond to the warning signs of mental illness and substance use disorders and link people with appropriate treatment and support. These trainings (8-10) will be delivered during the grant period, but will continue to be delivered into the future, past the grant funded period as well. Grant funds will also provide staff the ability to do community based outreach and engagement of residents. By teaching the community how to recognize signs and symptoms, and risk factors of someone dealing with mental illness, and increasing their confidence in how to approach, respond, and support them, together we can ensure that our community is happier, healthier and safer. SafeTALK trainings will continue to be delivered to community as well, as a carry-over from the grant that we received this past year. 8 1 P a g e Money Designation Amount Requested New Instructor MHFA Tuition Horizon Staff (2) VIRTUAL $4,000 Travel for all trainings $0 Community Training Attendee Manuals @ $18.95 ea x 250 + S/H $4900 Community Training Teaching Supplies $600 TOTAL $9500 Thank you for considering this funding request. Sincerely, Laura Larson-Huffaker CEO/Horizon Health and Wellness 9 1 P a g e ORIGINAL GRANT PROPOSAL January 30, 2020 To whom it may concern, Thank you for the opportunity to apply for grant funds once again from the City of Apache Junction. Horizon Health and Wellness cares deeply about the community in Apache Junction and the surrounding area and has worked in partnership with the City on many community initiatives. We welcome the opportunity to once again partner with Apache Junction to address issues significant to the community. In 2018, the Pinal County Community Health Needs Assessment was conducted in partnership with Pinal County Public Health Services District, Banner Health, Sun Life Family Health Center, and other key stakeholders. From this assessment, the following three priority areas were identified as the most urgent areas for improvement where progress could feasibly be made: • Physical Activity and Nutrition (Obesity) • Substance Abuse • Mental Health With two of the top three urgent areas of need falling into the behavioral health category, there is a need for further preventative education, awareness, and ongoing supports in Pinal County. According to the National Alliance on Mental Illness (NAMI), 1 in 5 U.S. adults and 17%of all youth (ages 6-17) experience mental illness. These are our children, parents, co-workers, friends, and family. According to Mental Health First Aid, USA, mental health problems are more common than heart disease, lung disease and cancer combined. In the United States, only 41%of the people who had a mental disorder in the past year received professional health care or other services. For children, less than 20%with diagnosed mental health issues receive the support they need. Over the past several years there has been a steady increase in suicides in the United States. The City of Apache Junction mirrors this increase. Youth suicides in Pinal County and the East Valley of Maricopa County neighboring school districts continue to be an issue. Suicide is the second leading cause of death for ages 10-24 (2016 CDC WISQARS) and four out of five teens who attempt suicide have given clear warning signs. Suicide is also the fourth leading cause of death for ages 35-54. In fact, according to Arizona's Department of Health Services Suicide and Self-Inflicted Injury report 2006-2017, residents aged 45-54 years and those between the ages of 55-64 had higher rates of suicide deaths among all age groups, which is approximately 65%of the population in Apache Junction. 101Page Suicide in the U.& 33% The increase in the rase of suicides from 1999 through 2017 2nd Suicide ranks as_he second leading cause of death for 10-to 3"ar-olds and the fourth leading cause of death for people ages 35 to 54 10th Suicide is the 10th leading cause of death overall According to Mental Health First Aid, USA, research shows that people with mental health problems are more likely to seek help if someone close to them suggests it. Public awareness initiatives need to be delivered in communities to help community members, family members, friends, and neighbors feel comfortable identifying someone in need of mental health services. Education is needed to equip our community to know how to assist someone experiencing mental health or substance abuse related symptoms as a way to prevent mental health crises turning into someone dying by suicide. Many people relate Mental Health First Aid curriculum to CPR. While CPR helps you assist an individual having a heart attack, Mental Health First Aid helps you assist someone experiencing a mental health or substance use-related crisis. In the Mental Health First Aid course, people learn risk factors and warning signs for mental health and addiction concerns, strategies for how to help someone in both crisis and non-crisis situations, and where to turn for help Mental Health First Aid is an international training program proven to be effective. Peer-reviewed studies show that individuals trained in the program: • Grow their knowledge of signs, symptoms and risk factors of mental illnesses and addictions. • Can identify multiple types of professional and self-help resources for individuals with a mental illness or addiction. • Increase their confidence in and likelihood to help an individual in distress. • Show increased mental wellness themselves. Studies also show that the program reduces stigma associated with mental illness. Mental Health First Aid is listed in the Substance Abuse and Mental Health Services Administration's (SAMHSA) National Registry as an Evidence-based Program and Practice. Horizon Health and Wellness (HHW) proposes to provide vital outreach, education and treatment services to help the residents of Apache Junction who are affected by a mental illness or are at risk for suicide and other harmful behavior. We would accomplish this by providing Mental Health First 111Page Aid and Mental Health First Aid Youth to the residents of Apache Junction, with a focus on trainings being delivered to educators, community stakeholders that interface with our youth students, and retirement communities and parks. HHW will work in collaboration with school personnel and other community partners to identify, outreach, educate and provide needed services to adults, children and their families. We are requesting $25,000 in funding to be able to provide these vital services in Apache Junction. Funds will be used to enable HHW staff(2) and community partners (2) to become trainers in Mental Health First Aid and Mental Health First Aid Youth, which are evidence-based, in-person training programs with proven ability to teach individuals how to recognize and respond to the warning signs of mental illness and substance use disorders and link people with appropriate treatment and support. By having two community stakeholder staff members also trained in both of these curricula, it will multiply efforts and reach more residents. These trainings (10-12) will be delivered during the grant period, but will continue to be delivered into the future, past the grant funded period as well. Grant funds will also provide staff the ability to do community based outreach and engagement of residents. By teaching the community how to recognize signs and symptoms, and risk factors of someone dealing with mental illness, and increasing their confidence in how to approach, respond, and support them, together we can ensure that our community is happier, healthier and safer. SafeTALK and ASIST trainings will continue to be delivered to community as well, as a carry-over from the grant that we received this past year. Thank you for considering this funding request. Sincerely, Laura Larson-Huffaker CEO/Horizon Health and Wellness Money Designation Amount Requested New Instructor MHFA Tuition Horizon Staff (2) $4,000 New Instructor MHFA Tuition Community Stakeholders (2) $4,400 New Instructor MHFA Youth Horizon Staff (2) $4,000 New Instructor MHFA Youth Community Stakeholders (2) $4,400 Travel for all trainings $6,000 Community Training Cirriculum Materials $2,200 TOTAL $25,000 121Page CITY PAC H UNCTION 7 Health and Human Services Commission FY 2020-2021 Funding Recommendations City Council Meeting �,� June 16, 2020 =--- FY20/21 Applications received • Apache Junction Community Development Corporation • Boys and Girls Club of the East Valley • Community Alliance Against Family Abuse • Empowerment Systems • Genesis Project • Horizon Health and Wellness • Superstition Food Bank formerly Apache Junction Food Bank Recommended Funding 2020-2021 Agency Request Proposed Use of Funds Recommended Funding Contingent Recommendation Horizon $25,000 Mental Health First Aide Train the Trainer $9,500* i Services Food Bank $27,SOO Provide food boxes :00 $19,800 Genesis $12,000 Provide community programs • • • 00 $10,500 EmpSy $16,000 • 00 $30,000 Staff for power hour $11,000 $16,750 $24,000 Administration costs and various projects $6,000 $6,000 Total $157,500 $80,000 $80,000 *The contingency recommendation for Horizon Health and Wellness is that the city council consider carrying forward the $15,000.00 that was allocated to them for fiscal year 19/20 and not spent be used for the 20/. HHSC FY 2020-2021 Recommended Funding Agency Request Proposed Use of Recommended Contingent Funds Funding Recommendation CAAFA $187000 Intervention services $117700 $175450 Horizon $257000 Mental Health First Aide $9,500* $97500* Train the Trainer Services Food Bank $277500 Provide food boxes $195800 $191800 Genesis $127000 Provide community $105500 $101500 programs and support Emp Sys $16,000 1 ) Outreach and $117500 $0 enrollment, 2) Laundry program B&G $30,000 Staff for power hour $117000 $165750 AJCDC $24,000 Administration costs and $67000 $6,000 various projects Total $157,500 $80,000 $805 000 *The contingency recommendation for Horizon Health and Wellness is that the city council consider carrying forward the $15,000.00 that was allocated to them for fiscal year 19/20 and not spent be used for the 20/21 proposed training for a total of $24,500. Next Steps • HHSC will conduct training session in July for awardees • Funded agencies must sign new agreement • Agreements effective July 1, 2020 — June 30, 2021 Community Vision : Apache Junction is Staff contact : diverse community of natural beauty and heritage that offers prosperity, compassion, and forward thinking to its Larry Kirch residents, businesses and visitors. IKircripalcity.net (480) 474-5082 Community Mission : We will focus on and invest in quality of life and planned improvements for Jennifer Pena serving residents, businesses, and visitors. ipena@aicity.net (480) 474-5068 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND THE BOYS AND GIRLS CLUB OF THE EAST VALLEY FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and BOYS AND GIRLS CLUB OF THE EAST VALLEY, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents Power Hour which includes free membership scholarships for after-school and summer services for youth and teens in Apache Junction. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$16,700.00 for fiscal year 2020-2021 for SOW performance. 3 B. Compensation shall be in equal quarterly payments of$4,175 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Boys and Girls Club of the East Valley 1755 N. Idaho Road Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: BOYS AND GIRLS CLUB OF THE EAST VALLEY, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A FtECEIYr.G ,-,T /zz� CITY CLERr L-E +: BOYS&GMLS CLUBS CF THE EAST VALLEY Januanr='9,202U TY Rr APACHF JL'11UT101% Fl-gr—s—krc—t- Ms. Heather Patel,GPC 2602 W 10a:M1no Nod Era M ma"AZ e5202 Program and Resourte Manager,Grant Administration Tel+au,aA.3aae CityTry'7,+•+ of Apache Junction T ,1 aoas 'rY;� 300E.5uperst1tion Blvd, wrvw,clununaorg Apache Junction,A,? 95119 iOh.19e, Jb`��a Dear Ms-Patel, BRANCHES The 5u perrtition Mountain Branch of the 13oys S Girls dubs of East `alley- cemwa.lmnch-Ohandcr Metre Phoenix looks fGnmard to continuing to provide after-school and MA9''D�¢auh� a wq siimmer services for youth and teens who reside in the City of Apa&e Gila RI�w Emnc*5nn.eG. Junction;'nrith a fcicus on helping them achieve academic success- =20�601115 �emalLehlubiona pup Attached you will find the requlred docunierltatlon of Al elements of the °"-58123E6e may""° City's Compllance Check list. Beginning January 1,2020,the Boys&Girls .Iarronacwhe rr ecq Clubs of the East Val lev merged vwith the tloy5&Girls Clubs of Metro Phoerim olllMrtan-h - •AAT7iMO Seca use ou r merger is so recent,ou r comp(lance documEntatlon is from both yllh.,Ncluh:..a wq organlzatlons separately. Gran%'Duck PrhY1r M*.. 4M-11144.09" p ran hNool.ircl.t¢�ea ry For 202421,we request a new contract total of 535r1J04 from the Clty of Lad—9rr.cn-Tgmpr l.pachis Junctlon, This level of funding will ensure that the Club can hire and ,CN,"1'ZglT earp retain highly qualified staff—our greatest expense yet our greatest resource) North Tempo 9raneh the strops connections forged b-r staff with Club rriember5 are central to .acsse ewo posltiveVouthdek,e lop menta rid toourrzpacitytoIchietreourrnissivn: to aw.r C,.r�l1�rnnoR en able all ,pungpevpil-,especioNythose Who neeafusmost,tore-Lh[tit ir full potentlal as productive,caring, responsihlc community members, ���we:ert�erg 61evenon Srencti 6ER4—MM71 As you and the Human Services Comml scion conduct your review of 2024?1 111--con Dclu& c Arq funding requests,we lrvou Id appreciate an❑pp❑rtunity to show you our Cluh 9up.rulluoe BouNeln P—N located at 1755 N. Idaho Road,Apache lunctlon,35119. If you would like to 4END W16381+w^ arrange a visit or have further questions for us,please contact John Patris- pis,1lcaonc org Browne at 520-954-8182. I look forward to meeting repre;entati•de;of the Thued.relr Q.ennch. uwdnlor• City of Apache Junction in the coming year_ Ifni ntler hrCe V clutx�.av 5iricereIy.. CHARTER Sr,wOL % IA...i.t.Pe de l,- ��f ae0.w4,aes �j,/„I � rM►Rd ut,neruerp Marcia /MmLz ' 1 Chief Executive F-0-cer GREAT FUTURES START WERE. 11 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 12 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 13 Exhibit C n h7 tl fA n S 2 IDo o d S C T o pfo m o a < e Y x m s s '<' D w 7. m O ¢ S QO 02 MINIM H M 8 O Lai GOQb ran n O N A 9 0 0 N oy e a. o c n� � ti � m � m •c o' x "� y fD C 00 70 C7 p. 7 W ID "0 C� N O o A. Cn � Q. 0 b S rp ` O '•.T G n �S o a. Po V0 7 O b 0y o Q• rJ m 'a � O N �1 "n^?e M n M r o c 'Q a M N A t-j ni mtj c --1 `O tj" y •� K SL 7 A O x w q a e• m Oo M C w O C ' g zd [ m ° o V Oq O N 14 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION , a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents a community-based non-profit to manage Make A Difference Day, manage a volunteer-based community revitalization effort to help elderly and disabled homeowners maintain their property on a regular basis, including organizational expenses for insurance requirements, financial systems, and a website. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately 2 upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this 3 Agreement, City shall compensate Services Provider for its services as follows: A. A total of$6,000.00 for fiscal year 2020-2021 for SOW performance. B. Compensation shall be in equal quarterly payments of$1,500 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 4 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Apache Junction Community Development Corp. c/o City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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, 5 caused by a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based 6 upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 7 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from 8 contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: APACHE JUNCTION COMMUNITY DEVELOPMENT CORPORATION, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Apache Junction Community Development Corporation "Building community pride one brick at a time" apachejunctioncdc,com ZUZU-2I funding request $24,000 Community Revitalization Projects o Work with various groups to coordinate community projects, provide assistance and material as we can. y Playground Revitalization Projects a Work with the Boys and Girls Club on revitalizing the Field of Dreams and with the AJUSD on track replacement. r Household Hazardous Waste Transport Assistance u Provide pick up service for citizens who can't bring these items to the drop off location, work with Public Works to ensure timely and fast drop off. y= Illegal Right of Way, Road Side Sign Removal Work with the City to pickup illegal bandit signs around Al as needed, provide transportation and disposal. y "Make A Difference Day" u Multiple Projects in one day. r Focal Point Brick Memorial Revitalization and Support. ou r Vision Through cortirnunit,;In-lolvernent,ha+ing a�ummQn and unified purpvseto"Make a Difference"while providing conduits and assistance that enable a strong artd sustainable Fornmunity, Our Mission 4Vorkine together to maintain and create safe affnrdabre houslmg,support ecanornIC opK-ortunities, irlstlll a sense of community Pride and commitment,and enhance the physical irnage M:,padre Junction_ 11 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 12 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 13 Exhibit C 4: � o m rt 5, a cm m n P. R- M m i m m pnp f'1 [iy 45 iy R m a o 0 y o o ate . OP m 0 yy W m o P: `� ti ° R m < z �. z 14 z G m p o ¢ m n � m � tD ° � ofb earn rs a y Ufrm cmR, o �n " 7 , y"oS ¢ m m O N P- , , 4 wOi eD m y C OO r4 0 w 7 rt o n ril r, x w z lb ID E o o `4 w N Lam. ?. ., m m rt C CDPt m R ts m R m rn o OQ x y m m m a o O n 0 n o m o m ti w 77 n ro m 10 m w m 0 n w 0 G m 0 N 14 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND HORIZON HEALTH AND WELLNESS FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and HORIZON HEALTH AND WELLNESS, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents Mental Health First Aid Adult Version to residents. Additionally, two staff members will become trainers in mental health first aid and conduct eight to ten community trainings. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$9,500.00 for fiscal year 2020-2021 for SOW performance. 3 B. Compensation shall be in equal quarterly payments of$2,375 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: 4 If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Horizon Health and Wellness 625 N. Plaza Drive Apache Junction, AZ 85120 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political 7 activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated 8 damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: HORIZON HEALTH AND WELLNESS, a 501(c)3 non- profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A oork-Qn ?lallxitd-71/el0iecr January 30,2020 To whom it may concern, Thank you for the opportunity to apply for grant funds once again from the City of Apache Junction. Horizon Health and Wellness cares deeply about the community in Apache Junction and the surrounding area and has worked in partnership with the City on many community initiatives. We welcome the opportunity to once again partner with Apache Junction to address issues significant to the community. In 2018,the Pinal County Community Health Needs Assessment was conducted in partnership with Pinal County Public Health Services District,Banner Health,Sun Life Family Health Center,and other key stakeholders.From this assessment,the following three priority areas were identified as the most urgent areas for improvement where progress could feasibly be made: • Physical Activity and Nutrition(Obesity) • Substance Abuse • Mental Health With two of the top three urgent areas of need falling into the behavioral health category,there is a need for further preventative education,awareness,and ongoing supports in Pinal County. According to the National Alliance on Mental Illness(NAMI),1 in 5 U.S.adults and 17%of all youth (ages 6-17)experience mental illness. These are our children,parents,co-workers,friends,and family. According to Mental Health First Aid,USA,mental health problems are more common than heart disease,lung disease and cancer combined.In the United States,only 41%of the people who had a mental disorder in the past year received professional health care or other services.For children,less than 20%with diagnosed mental health issues receive the support they need. Over the past several years there has been a steady increase in suicides in the United States. The City of Apache Junction mirrors this increase. Youth suicides in Pinal County and the East Valley of Maricopa County neighboring school districts continue to be an issue. Suicide is the second leading cause of death for ages 10-24(2016 CDC WISO,ARS)and four out of five teens who attempt suicide have given clear warning signs.Suicide is also the fourth leading cause of death for ages 35-54. In fact,according to Arizona's Department of Health Services Suicide and Self-Inflicted Injury report 2006-2017,residents aged 45-54 years and those between the ages of 55-64 had higher rates of suicide deaths among all age groups,which is approximately 65%of the population in Apache Junction. 11 tr)FLZO lftall f/iuf 7T/c�ic�r Suicide in the U.S. 33% The ncrease:n the rate of suicides from 1999 through 201' 2nd Su cide anks as the second lead ng cause of death for 10-to 34-yeas-olds and the fourth'lead ng cause of death for people ages 35 to 54 10th Suicide is the 10th ead ng cause of death 0verall According to Mental Health First Aid,USA,research shows that people with mental health problems are more likely to seek help if someone close to them suggests it.Public awareness initiatives need to be delivered in communities to help community members,family members,friends,and neighbors feel comfortable identifying someone in need of mental health services. Education is needed to equip our community to know how to assist someone experiencing mental health or substance abuse related symptoms as a way to prevent mental health crises turning into someone dying by suicide. Many people relate Mental Health First Aid curriculum to CPR. While CPR helps you assist an individual having a heart attack,Mental Health First Aid helps you assist someone experiencing a mental health or substance use-related crisis.In the Mental Health First Aid course,people learn risk factors and warning signs for mental health and addiction concerns,strategies for how to help someone in both crisis and non-crisis situations,and where to turn for help Mental Health First Aid is an international training program proven to be effective.Peer-reviewed studies show that individuals trained in the program: • Grow their knowledge of signs,symptoms and risk factors of mental illnesses and addictions. • Can identify multiple types of professional and self-help resources for individuals with a mental illness or addiction. • Increase their confidence in and likelihood to help an individual in distress. • Show increased mental wellness themselves. Studies also show that the program reduces stigma associated with mental illness.Mental Health First Aid is listed in the Substance Abuse and Mental Health Services Administration's(SAMHSA) National Registry as an Evidence-based Program and Practice. Horizon Health and Wellness(HHW)proposes to provide vital outreach,education and treatment services to help the residents of Apache Junction who are affected by a mental illness or are at risk for suicide and other harmful behavior. We would accomplish this by providing Mental Health First 12 d ZD .%lealr�lrirf7T/c�icsr Aid and Mental Health First Aid Youth to the residents of Apache Junction,with a focus on trainings being delivered to educators,community stakeholders that interface with our youth students,and retirement communities and parks. HHW will work in collaboration with school personnel and other community partners to identify,outreach,educate and provide needed services to adults, children and their families. We are requesting$25,000 in funding to be able to provide these vital services in Apache Junction. Funds will be used to enable HHW staff(2)and community partners(2)to become trainers in Mental Health First Aid and Mental Health First Aid Youth,which are evidence-based,in-person training programs with proven ability to teach individuals how to recognize and respond to the warning signs of mental illness and substance use disorders and link people with appropriate treatment and support. By having two community stakeholder staff members also trained in both of these curricula,it will multiply efforts and reach more residents. These trainings(10-12)will be delivered during the grant period,but will continue to be delivered into the future,past the grant funded period as well. Grant funds will also provide staff the ability to do community based outreach and engagement of residents. By teaching the community how to recognize signs and symptoms,and risk factors of someone dealing with mental illness,and increasing their confidence in how to approach,respond,and support them,together we can ensure that our community is happier,healthier and safer. SafeTALK and ASIST trainings will continue to be delivered to community as well,as a carry-over from the grant that we received this past year. Thank you for considering this funding request. Sincerely, Laura Larson-Huffaker CEO/Horizon Health and Wellness Money Designation Amount Requested New Instructor MHFA Tuition Horizon Staff(2) $4,000 New Instructor MHFA Tuition Community Stakeholders(2) $4,400 New Instructor MHFA Youth Horizon Staff(2) $4,000 New Instructor MHFA Youth Community Stakeholders(2) $4,400 Travel for all trainings $6,000 Community Training Cirriculum Materials $2,200 TOTAL $25,000 13 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State,Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 14 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 15 Exhibit C m l7 w a ro ro y a x Fr � � n P•� � z 'o o O � � z O O. o ro a y m d a c m p ° m N m N 9 n m a m a ,i7", LT1 ro lb eD th fD �. � � m to �' m w � w �•] N n n r w x ro Pb- w lb [ . y » o �� P•� ,�, m CD K R7 S A p A J y w w L V �7 �.y n N w.° w "mtl a O. 9 w •�.� eo we ^o S �1 C) o fD m �+ N n 1Q lap m � O N n' pw 11111H � .+ 16 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GENESIS PROJECT FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and GENESIS PROJECT, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents expanded services for those experiencing homelessness such as clothing, food and water which includes services by the Community Resource Center. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$10,500.00 for fiscal year 2020-2021 for SOW performance. 3 B. Compensation shall be in equal quarterly payments of$2,625 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt 4 requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Genesis Project PO Box 5156 Apache Junction, AZ 85178 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board 7 members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to 8 monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: GENESIS PROJECT, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A Genesis Project P.O. Box 5156 Apache Junction,AZ 85178 (480)225-7757 www.genesisprojectaz.com Located at 564 N.Idaho Rd.#5 Apache Junction,AZ 85119 „ACD. January 23,2020 Dear Community Development Block Grant Committee: Genesis Project has been in operation for 14 years as the only soup kitchen in northern Pinal county. In 2019 we provided over 86,000 meals to hungry people in the Apache Junction community. We serve anyone who is hungry and additionally provide clothing, water and shower vouchers to guests.As a partner agency with the Community Resource Center we also donate space to local service provides that come and connect our guests with assistance. The demographic of our guests is approximately 40% over age 60 and 45% homeless.Genesis Project has worked tirelessly over the years to improve the lives of those experiencing homelessness or poverty through our mission to feed clothe and hydrate the hungry and homeless. Genesis Project recently outgrew the space being used to feed,clothe and hydrate the hungry and homeless in Apache Junction.As attendance grew to approximately 140 people per day, space was needed to expand the dining room to accommodate more tables and chairs for guests to eat lunch. Our partnership with the Community Resource Center also added another element of needing more space. Guests were meeting with local service providers out in the open dining room where they were to discuss private matters.This provided a great need for expansion to accommodate the clothing closet,water storage, blessing closet and private meeting space as all elements are crucial to the mission of Genesis Project. In September 2019 Genesis Project acquired unit 11 across the parking lot. The expansion project allowed for Genesis Project to greatly increase the quality of services provided to our guests. In unit 11 we now have a furnished waiting room, clothing room, supply closet, donation sorting space, water storage room and three office spaces for the Community Resource center.This space meets a great need in our community by providing a space to warm up or cool down in the waiting room,clean weather appropriate clothing and shoes at no cost, hygiene items including all toiletries and toilet paper, a donation sorting room that allows for more donations to be received and processed quickly to dispense in higher volumes to those in need. The addition of three private offices for the Community Resource Center has also provided a high level of dignity and confidentiality for those coming in seeking services as they are no longer having to seek help in a crowded dining room. 1 11 While expanding has shown a tremendous benefit to those we serve it has also come at a cost to Genesis Project.The space was rented to us at a discounted rate of$800 per month increasing our annual budget by$9,600. There is also the cost of utilities to keep the space warm in the winter and cool in the summer.While we have not been there a full year it is my anticipation that the heating and cooling cost will be approximately$2,200 per year.Genesis Project is seeking a grant of$12,000 to cover the cost of rent and utilities in unit 11. Genesis Project is the right choice to continue providing these services to our community because after 14 years we are an established location for those in need. Providing services to those in need begins with a relationship built on trust in the community and Genesis Project has established that with great success. We are certain we can show even greater success with the expansion of our services in unit 11. The success will be measured with quantitative data collected daily showing the number of people we serve and the resource they access. Than you, Trinity Cole President 2 12 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 13 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 14 Exhibit C m N n � 9 )p 7ro w ,,yx n n n 4 a m' Cl n o o w o n ��• Y o m a? rho i n n n o 0 Z m r m t� �q gg 'b I. 00 w o ° O m Oyy OZ a ro �e n .e to m rwn.y `3 a a w b ~ z G s y o 'ti K IC) 9 i7o zd T p N [Y N O � n' .wr � w O w 0 15 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents intervention services for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services. A detailed scope of work is included under Exhibit A. B. Provide such programs and activities to residents of the City. C. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. D. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 -September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 E. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. 2 F. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. G. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. H. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. I. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. J. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. K. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. L. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$17,450.00 for fiscal year 2020-2021 for SOW performance. 3 B. Compensation shall be in equal quarterly payments of$4,362.50 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt 4 requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Community Alliance Against Family Abuse PO Box 3778 Apache Junction, AZ 85117 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services Provider. 5 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 6 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board 7 members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to 8 monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: COMMUNITY ALLIANCE AGAINST FAMILY ABUSE, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20209 by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A 64 C A A A (''"J )�_. ai January 28,2019 Ms.Jennifer Pena City Clerk City of Apache Junction 300 E.Superstition Blvd. Apache Junction,AZ 85119 Dear Ms.Pena and City of Apache Junction Health and Human Services Commissioners: Let us begin by saying thank you for supporting Community Alliance Against Family Abuse(CAAFA)for so many years. In many respects, CAAFA has grown right alongside the City of Apache Junction. Our growth over the last 21 years would not have been possible without the City's partnership. Our gratitude for the City of Apache Junction government—and all of the dedicated people therein—cannot be overstated. Here, at the beginning of yet another year,CAAFA respectfully submits this request for funding from the Apache Junction (AJ) Health and Human Services Commission and City Council for Fiscal Year 2020/2021. Year after year, CAAFA continues to answer the call for survivors of domestic and sexual violence in Apache Junction and beyond. We hope that you will decide to partner with us once again, and support our critical services that help strengthen our community. Domestic and Sexual Violence in Apache Junction Domestic violence(DV)and sexual violence (SV)both continue to be critical issues in our community. Sadly, statistics have not shown that DV or SV are on the decline. The following statistics capture the sober reality of the prevalence of these crimes: • Nearly 1 in 4 women, 1 in 7 men,and 1 in 2 transgender/non-binary individuals have experienced DV in their Iifetimes.12 • Almost 45%of women,over 22%of men,and 47%of transgender/non-binary individuals will experience SV in their lives.' Based on census data,we can extrapolate that: • Nearly 6,800 adults living in Apache Junction will experience DV in their lifetimes. • Over 11,700 adults living in Apache Junction will experience some form of SV in their lives. 1 Centers for Disease Control&Prevention(CDC).Intimate Partner Violence:Consequences.2015. =The Williams Institute.Intimate partner violence and sexual abuse among LGBT people.2015. 3 CDC.National Intimate Partner and Sexual Violence Survey:2010 Summary Report 2011 EuponrneS rodn,dr.�G,faa,Iiu aid �•� P O.Box 3778•Apache Junction,AZ 85117 rasmnsituf to it ahwt O y �°' www eaabazoig•480/982.0205•Far 480,,9820253 tbrexsb rallaborrsho�,f.rnraian, cnanhrnudnr�fai Cmu Lae 480'9820196•ToD Fore 1 8-,982.0196 11 CAAFA t , 2 Regarding the youngest victims of domestic violence, a study by the U.S. Department of Justice revealed that as many as 1 in 9 children were exposed to DV in a single year.'Based on this,over 800 of Apache Junction's children may experience DV in the next 12 months alone. In 2019,there were 2 DV-related deaths in Apache Junction (AJ),and 6 more in Pinal County. In FY19, the AJ Police Department received 265 calls for DV and 45 for SV. Arrests for DV (213) and SV (3) increased from FY18, when there were 180 DV arrests and 1 for SV. (Among CAAFA's SV residents, roughly 80% experience SV in the context of DV, so many of the DV victims that AJPD responded to likely also experienced SV.) During Fiscal Year 18/19(July 1,2018—June 30,2019),CAAFA served 449 victims of domestic and sexual violence.We provided S,483 nights of safe and supportive emergency shelter in CAAFA's crisis shelter and emergency hotel accommodations. In total, we provided 408.75 hours of service to verified residents of AJ. CAAFA addresses DV and SV by providing low-barrier, inclusive, and trauma-informed services,while partnering with organizations across our service area who interact with or serve the most vulnerable members of our community. Continued funding from the City of AJ Health and Human Services Commission for CAAFA's advocacy and support services will ensure that our high quality programs are available in FY20/21 for AJ residents who have survived DV and SV. Requested Funding from the City of Apache Junction CAAFA respectfully requests funding in the amount of$18,000(to be reimbursed on a unit cost basis) for intervention services delivered to AJ residents, as detailed in the "Intervention Services" section below. The unit cost reimbursement plan is the chosen method because it will reimburse services that CAAFA provides to residents of AJ who have verified proof of city residency. Per prior direction from the AJ City Clerk,acceptable proof of residency includes driver's licenses,utility bills,leases,voter registration cards, Arizona ID cards, or other verifiable documentation that demonstrates AJ residency when services are delivered.CAAFA will continue to keep proof of residency provided by participants secured at CAAFA's Outreach Office. Federal confidentiality laws prohibit CAAFA from disclosing the names of the victims who receive DV services.As such,in past years,the City of AJ has given CAAFA approval to provide only the addresses and type of identification used for verification.If awarded FY20/21 funding, and with affirmed approval from the City,CAAFA will continue to disclose this information,and we will report the number of service hours provided to ensure accuracy of reimbursement. 'U.S.Department of Justice,Office of Juvenile Justice and Delinquency Prevention.'Children's Exposure to Intimate Partner Violence and Other Family Violence."National Survey of Children's Exposure to Violence.2011. Earpoamxs iedntdrab%faan6es asd ev%, P O.Bo:3i,,8•Apache Junction AZ 8i117 w„a»rn,n..1a Iw fin fo.alarr r y 16roas6 rallaienrhoa prne�ion, ausr caafaazosg•480/9810205•F=480i 982.0258 aaannetu and,vpponf. ^. Casio Lae 480/982 0196•Toll Fcee 1 87/982.0196 12 "-.A'. CAA�A Y� 3 Intervention Services CAAFA offers the following intervention services to adults and their children affected by DV and SV: • DV and SV Empowerment support groups • One-on-one Empowerment sessions • Emergency shelter in our 16-bed safe house located in Apache Junction, and short-term hotel stays when a shelter bed is unavailable or unsuitable for a survivor's particular safety needs • General advocacy and case management • Legal advocacy • Basic needs and financial assistance • Information and referral to community resources • Toll-free 24-hour crisis line Our request for FY20/21 Human Services funding from the City of AJ includes provision of the following services: 1) Empowerment Sessions CAAFA's Empowerment Counselor assists Al residents by meeting one-on-one to explore the dynamics of DV, safety planning, healthy coping mechanisms, healthy relationships, self- esteem,healing from trauma,and crisis intervention.The Empowerment Counselor is a licensed counselor with many years of therapeutic experience and training on the dynamics of DV. - One hour of time is billed as one unit at$50.00. 2) Empowerment Support Groups CAAFA provides 90-minute DV and SV support groups.Our support groups empower individuals and by extension, their families, and offers attendees the opportunity to share experiences, gain perspective and support,and receive education on DV and SV. - One hour of time is billed at$50.00.One Empowerment Support Group is billed at 1.5 units. 3) Legal Advocacy Services CAAFA's Legal Advocates focus on providing valuable information and resources in order to support participants as they navigate the legal system for issues related to DV and SV.The Legal Advocate's primary job is to act as a mediator between the client and the legal system. They also assist in filing orders of protection,court accompaniment,safety planning,and information and referral. Legal Advocacy services help women and men become independent after victimization.Legal Advocates are not attorneys and cannot give legal advice,however they are able to provide information and explain options and rights within all aspects of the legal system. Some program participants request assistance only once and others may need numerous appointments depending on the situation. - One hour of time is billed as one unit at$40.00. Fmporrnq edn,d mb,fa k"and rsa� P Q Ho:3778•Apicbe Junction,AZ 85117 canm1h dmjcolt b irfrn fioa ai�ur c Zt c +�oig•480/982-0205 r F=480/982 0258 lbn„gb co/laboralior,pmmbow, "a"""and appert -�. Cuue Luu 480 i 982 0196•ToR Fiee 1 8'7/982.0196 13 CAAFA Y } 4 4) General Advocacy Services CAAFA's Outreach,Sexual Violence,and Shelter Advocates are trained to assist victims affected by DV and SV by identifying and addressing their complex needs. Advocates work with individuals and families to set goals that create self-sufficient lives, free from abuse. One-on- one appointments include assessing the participant's situation, providing information and resources, creating a safety plan, and creating a case plan that may include obtaining a safe place to live,assistance with applying for emergency financial assistance,and obtaining services for children.Advocates also provide or assist with access to employment counseling,parenting classes,life skills,financial education,personal hygiene items,clothing,household supplies,and more. Often,this support includes transportation, as many participants do not have personal vehicles and public transit options are limited. - One hour of time is billed as one unit at$40.00. For FY20/21,CAAFA requests$18,000 in funding from the A)Health&Human Services Commission. Quarterly reimbursement requests will derive from actual service hours delivered to verified Al residents. Goals and Outcomes Goal Outcome FY19/20 Progress 1. Assist program participants At the end of FY20/21,90%of Halfway through FY19/20, in creating and program participants will survey responses indicate that implementing safety plans report that they know how to 97%of CAAFA program that address their specific assess and plan for their participants report knowing needs. continued safety. how to assess and plan for their continued safety. 2. Provide services that At the end of FY20/21,90%of FY19/20 survey responses promote emotional healing program participants will indicate that 95%of CAAFA from the devastating report that they are regaining program participants report impacts of DV and SV. control of their life and have that services have assisted increased feelings of well- with their emotional healing. being as a result of CAAFA's services. 3. Offer high quality services At the end of FY20/21,90%of FY19/20 survey responses to people who have program participants will indicate that 96%of CAAFA experienced DV and SV. report satisfaction with the program participants report services provided by CAAFA. satisfaction with the services we have provided. Empasmms mdnddaa&fam6u amd ec� P O.Bo:3778•Apache Janctioo,A7 8511 rwvrnrvduJ h 1.fin fnm aiaur ��4 caafuz.otg•480/9810205•Far.480,982 0258 rbrorsb ro1labarahon,p/ftMllo/y �I aYQRMU axdn;Dpert. Cosa Loe 480,982,0196•Toll Fcee 1 8"/982.0196 14 CAAPA Ot 5 Required Documents Enclosed, please find the following required documents to complete our FY20/21 application for funding: 0 Most recent audit report(including any city funds) 21 Most recent financial statement(with an accountant certification) L�1 Detailed expenditure statement including a detailed accounting of FY19/20 previously received and expended/not expended city funds CJ Names of sources and amounts of funding received from all other sources such as non- governmental agencies,membership dues and fees, private contributions,etc. Client service information as it applies to city residents 0 Proof of nonprofit status(Internal Revenue Service determination letter) 0 Proof of corporate status including current by-laws and articles of incorporation 0 Names of sources and amounts of funding received from other governmental agencies 0 Names and addresses of current agency governing board members On behalf of everyone at CAAFA and the City of Apache Junction residents we serve,thank you for the opportunity to apply for FY20/21 HHS funding. Your partnership helps advance CAAFA's important mission to empower individuals, families, and communities to be free from abuse through collaboration,prevention,awareness and support. Please feel free to contact me at(480)982-0205 or rayv@caafaaz.org if you have any questions or require additional information. Thank you for your continued partnership,and for considering our request! Sincerely, AL, Ray Villa rr Executive Director Eapaamns rndnidraL,fann6n and �s P.O.Boa 3778•Apache Juarboa,AZ 85117 ra�smrsavf to jr fin frees aisx y1 maw eaa Cxaz.org•480/982.0205•Fa=480/98ZO258 lbrw3b ro1laleralrew,pm mhon, T aavnniu and rnpferL Casts Lore:480/982.0196•TaH Free 1 877/982.01% 15 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659,passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State,Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 16 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 17 Exhibit C N rndne� a ro rororo rororo b Gz � 00y ee � eCe ° p n �e o m � .Oi. o...o,, azi 'ti •-• lbro a 7 rt .ni- z G on f00� � a PA � � � cb" j an p, o 00 C R•O ` m �'•' n pN n X mow,. a w C. U7 m n UP lb rD 12 on O a n rt O C ff n N f� 0 W R•Ib y `C .w.n lb lbP.�rrtf w r% m `C m 0�0 C7 C+ �+ m y d rop^ m p o e°i rr,r 3p m O tb n n v t➢� � flu f+ N CJ n fro pq b �3 f3' ,e �x N ro ti n m y Go gn �; d � 7 `° ymy C CD ^^U77 m o i C � w C o0 0 18 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUPERSTITION COMMUNITY FOOD BANK FOR HEALTH AND HUMAN SERVICES FOR FISCAL YEAR 2020-2021 THIS AGREEMENT is made and entered into this day of , 2020 by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and SUPERSTITION COMMUNITY FOOD BANK, a health and human services provider ("Services Provider"), under the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Chapter 2: Mayor, Council, and Appointed Boards and Commission, Article 2-11: Health and Human Services Commission, and Article 2-14: Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide city residents, elderly, handicapped, developmentally disabled care and other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for fiscal year 2020-2021. C. The Commission has submitted its recommendations to the city council. D. On July 7, 2020 the city council passed and adopted the 2020-2021 fiscal year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services and/or a program (the "Program") for the City to be in compliance with the provisions of state law relating to the use of public funds. F. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, subsection 2-14-1, Requests for Non-Profit Funding, subsection (C)(2), all city funds allocated by the council shall only be released to the Services Provider in equal quarterly installments or quarterly payments based on a schedule of anticipated expenses, and no subsequent quarterly allocation shall be released to the Services Provider until such time the receiving agency has provided all required documentation for the previous quarter along with satisfactory evidence of compliance with the scope of work ("SOW") pursuant to this agreement. G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1, Requests for Non-Profit Funding, subsection (B), the Services Provider must submit on a quarterly basis a detailed accounting of the performance and accomplishments within the SOW. AGREEMENT NOW, THEREFORE, in consideration of payment of public funds in exchange for health and human services to qualified recipients, both Parties agree to the terms and conditions set forth below as well as the Recitals set forth above: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following SOW in connection with the Program: A. Provide to city residents continued support for those experiencing food insecurities with food boxes each containing 39 pounds of food and provide monthly educational opportunities. A detailed scope of work is included under Exhibit A. B. A detailed scope of work is included under Exhibit A. C. Provide such programs and activities to residents of the City. D. Comply with all provisions of A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable city ordinances; submit contract proposal for fiscal year 2021- 2022 to City on or before January 28, 2021. E. File with City all documentation for the previous quarter no later than ten (10) City working days following the end of the quarter. City offices are open Monday through Thursday 7:00 a.m. to 6:00 p.m. City offices are closed Fridays, weekends and legal holidays. Quarter 1: July 1 - September 30 on or before October 19, 2020 Quarter 2: October 1 - December 31 on or before January 20, 2021 Quarter 3: January 1 - March 31 on or before April 19, 2021 Quarter 4: April 1 -June 30 on or before July 20, 2021 F. Submit to City typed or computer generated quarterly reports; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance and review reports. Such persons shall be responsible for submitting accurate reports to the Commission staff liaison and provide the names, email, and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. Changes to the primary or secondary 2 person(s) shall be reported in writing or email to the Commission staff liaison within five (5) City working days following such change. G. All reports shall be sent by an approved electronic method either by email or another form as identified by the commission, no other means shall be accepted. The Commission staff liaison will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed rejected and shall constitute a breach of contract. A list of reporting requirements are listed under Exhibit C. H. Funds are distributed on a reimbursable quarterly basis after the submittal of a quarterly report which outlines expenditures and activities completed as stipulated in the SOW and as confirmed by the City. Any funds disbursed by Services Provider in violation of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or this agreement shall be reimbursed to City. I. File the quarterly report and required documentation by the deadline set forth in § C above or risk disqualification for health and human services funding for fiscal year 2021-2022. Failure to file the quarterly report and required documentation by the deadlines set forth in § C above shall result in the immediate termination of this agreement. J. Maintain a listing with the community information and referral service that supports Pinal County and the Apache Junction area during the term of this agreement. Service Provider shall also be represented at the Community Resource Center once monthly, during Project Connect events, and the annual Health and Wellness Expo. K. Service Provider's failure to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of this agreement shall result in automatic termination of this Agreement. L. Any Services Provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. M. Service Provider agrees to allow reasonable inspections of programs and services by a city council member, commission member, or city staff during the contract period. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: 3 A. A total of$19,800.00 for fiscal year 2020-2021 for SOW performance. B. Compensation shall be in equal quarterly payments of$4,950 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions of this agreement. The deadline for receipt of such documentation is set forth in § 1 (C) above, and failure to comply with this deadline shall result in forfeiture of claim to the funds and will result in automatic termination of the Agreement. C. In accordance with the recommendations of the Commission and its subsequent acceptance by the Apache Junction city council, should any of the agencies receiving fiscal year 2020-2021 human services funding be unable to meet the requirements of A.J.C.C. Vol. I, Chapter 2: Mayor, Council and Appointed Boards and Commissions, Article 2-14: Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be retained in City's general fund. D. In accordance with the recommendations of the Commission, representatives of the Services Provider identified in § 1 (C) above shall attend a mandatory training meeting at a time, date and location to be scheduled by the staff liaison to the commission in order to review terms and reporting requirements of this agreement. The Services Provider representatives shall be those individuals who are responsible for compiling the information and filing the required quarterly reports. Failure of attendance by these critical representatives shall result in automatic termination of this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2020 through June 30, 2021. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in § 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE : While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 4 7. NOTICES: All notices, to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Jennifer Pena, City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Superstition Food Bank 575 N. Idaho Road, Ste. 701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either Party for any reason upon fifteen (15) calendar days written notice. In the event this Agreement is terminated for any reason prior to the completion of the full period of performance as stated herein, City shall be liable to Services Provider for those verifiable costs incurred by Services Provider which are in accordance with the original proposal, only up to the date of such termination and not thereafter. 9. SUBCONTRACTORS: Service Providers shall perform all services set forth in the SOW as in § 1 above and shall not use subcontractors. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider 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 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 Services Provider, its agents, and employees. Services Provider'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 a Services Provider's acts, errors, mistakes, omissions, work program or services in the performance of this Agreement including any employee of Services 5 Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in anyone or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 14. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 15. 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 attorney fees, necessary witness fees and court costs. 16. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers, but is subject to two (2) year retention schedule set forth in section 10 above. 17. CITY LICENSE REQUIRED: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a non-profit license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the Term of this Agreement. Services Provider also acknowledges that the tax provisions of the City of Apache Junction Tax Code may apply and, if so, shall obtain a tax privilege license through the Arizona Department of Revenue. 18. ASSIGNMENT & DELEGATION: This Agreement has been entered into based upon the reputation, expertise and qualifications of Services Provider. Neither Party to this Agreement shall assign its rights or interest in the Agreement, either in whole 6 or in part nor any monies due to or become due to it. In addition, all duties set forth herein are non-delegable. 19. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 20. SEVERABILITY: City and Services Provider 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. 21. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Its employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity or form of lobbying, 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 political candidate activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any 7 way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity or any form of lobbying, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. The above-prohibition on lobbying includes communicating with commission members and councilmembers for the purpose of gaining an advantage in receiving health and human services funding. 23. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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 SOW. As required by A.R.S. §41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify 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. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider establish compliance with the employment verification provisions of§§ 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Services Provider who works under this Agreement to ensure that the Services Provider 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. 24. TIME OF ESSENCE: Time is of the essence of this Agreement and each provision hereof. 25. CONDITIONAL APPROVAL: The Parties understand and acknowledge this Agreement is approved on a conditional basis pending Services Provider's timely filing of complete and correct reports for the 4th quarter of the previous fiscal year (if prior year's funding was provided by City). The 4th quarter reports shall be filed within the deadlines established by the prior agreement and must contain the required information as set forth in the prior agreement. 26. PROHIBITION TO CONTRACT WITH SERVICES PROVIDER WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393.03, as amended, which forbids public entities from contracting with a contractor or organization who engage in boycotts of the State of Israel. Should Services Provider under this Agreement engage in any such boycott 8 against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Services Provider to monetary damages, including but not limited to, consequential and liquidated damages. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: SUPERSTITION COMMUNITY FOOD BANK, a 501(c)3 non-profit organization By: Name: Title: Executive Director CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Jeff Serdy Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 9 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 2020, by as of a 501(c)3 non-profit organization. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 10 Exhibit A ©� Apache Junction Food Bank •� 575 N.Idaho Road,Suite 701 •Apache Junction,AZ 851194015 �. Phone*480-983-2995•Email:info(v7aifoodbank.org•Web:www.aifoodbank.org APACHEJUNCTION FOOD BANK "Working Together to Feed the Hungry in East Valley Communities" January 30, 2020 City of Apache Junction Jennifer D. Pena,City Clerk 300 E Superstition Boulevard Apache Junction,AZ 85119 Dear Mrs. Pena, The Apache Junction Reach Out, Inc.dba Apache Junction Food Bank(AJFB), recently announced its name change to Superstition Community Food Bank (SCFB). Our new name reflects the surrounding communities we serve, including Apache Junction (65%), Gold Canyon, Queen Creek, Northwest Pinal County, and East Mesa.We are the largest agency food bank for United Food Bank(UFB).We operate as an emergency food bank, a non-profit 501(c)(3) organization, aiding individuals and families in need since 1983 and have received exceptional ratings from Pinal County Public Health Department and St. Mary's Food Bank(SMFB). We are the largest food bank in the East Valley,with a service area of approximately 100 square miles. In 2019, we distributed over 1.4 million pounds of food through our warehouse, the equivalent of 280,000 meals. All of this is done according to guidelines set forth by the Arizona Department of Economic Security (DES), UFB and SMFB. Our continued collaboration with UFB also allows us to work with 18 large local grocers who donate weekly to our food rescue program. Over the years, our commitment to the City of Apache Junction (AJ) residents has been paramount in our mission and our operations. In 2019, we assisted an estimated 24,000 individuals in AJ, a 6% increase over the prior year. We anticipate another 6% growth in 2020. A significant number of these clients are from "working poor" families who hold jobs but are still struggling to make ends meet. Qualified families are those with income less than 185%of the federal poverty level as defined by DES. The value of food given to each person amounts to$67.73/month(39 lbs.). Our board president, Robert Mohle, in last year's presentation to the Apache Junction Health and Human Services Commission further committed to assisting the community we serve with three additional services: peer-to-peer education,a community resource library,and a food quality monitoring program. At this time, we have made significant progress with the resource library and now have an executive chef and dietician working on the food quality program. The city's funding to the food bank, over the last 4 years, ranged from 2-7% of our operating funds while the AJ residents we serve continues to grow,6%in 2019. City funding enables us to commit 89% of every dollar directly to serving our clients; only 11% of donations go to overhead and operating expenses.Our costs of operation for 2019 were$309,020 of which approximately$185,400(60%)was for AJ residents. Our budget projection for 2020 requires us to increase our food supply to 1,514,000 lbs. for those in need and increasing our operating expenses to $359,500. That is a 16% increase in funds needed for operations, 10%of which is directly related to the increase in AJ residents we serve. 11 We are respectfully requesting your consideration of funding for $27,500 to help us offset the 6% growth trend and continue our mission. Your support of$27,500 for the TEFAP program will help provide on average of 39 pounds of food per person per month,which includes fresh fruits,vegetables, bread, meats, dairy and non-perishable food items to last each family for about five days. Your investment will allow us to continue to support some of the eligible food-insecure/insufficient AJ residents. That money will help assist individuals and families have a place to receive both food and hope when they come to our doors. On behalf of our clients, our directors, our faithful staff and volunteers, we offer our appreciation for all the City has done in the past and look forward to our continued partnership. We invite you to visit our facility and see firsthand the renovation efforts that have been made with the aid of Pinal County funding and the amazing work our volunteers and staff accomplish daily. If you have any questions or would like to set a time to visit with us, please feel free to contact me at 480-544-5576 (or by email at myra.garcia@ajfood bank.org). Thank you for your consideration. Sincerely, Myra D. Garcia Superstition Community Food Bank Executive Director obert Mohle, President, Board of Directors Superstition Community Food Bank Enclosures Exhibit 1 Most recent audit report(including any city funds) Exhibit 2 Most recent financial statement(with accountant certification) Exhibit 3 Detailed expenditure statement including a detailed accounting of all previously received and expended/not expended city funds Exhibit 4 Source of the amount of funding received from all other sources such as non-governmental agencies,membership dues, and fees,private contributions etc Exhibit 5 Client service information as it applies to city residents Exhibit 6 Proof of non-profit status(IRS determination) Exhibit 7 Proof of corporate status to include copies of current by-laws and Articles of Incorporation Exhibit 8 Name and source and amount of funding received from other governmental agencies Exhibit 9 Names and address of current agency governing board members Exhibit 10 Additional documentation as may be required by the City for processing of funding request 2 12 Exhibit B Apache Junction City Code 06-10-2019 ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE 2-14-1 REQUESTS FOR NON-PROFIT FUNDING. (A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to provide a detailed accounting of all funds previously received from the city; complete information on the source and amount of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private contributions; client service information as it applies to residents of the city;proof of non-profit status as determined by the Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and amount of funding received from other governmental agencies; the names and addresses of current board members; and any other documentation as may be deemed necessary by the city. (B) Reporting requirements. Any non-profit agency receiving an allocation or grant of city funds shall be required to submit to the city, on a quarterly basis, a detailed accounting of the expenditure of city funds for the previous quarter, a written report outlining the agency's performance and accomplishments within the scope of work outlined in their contractual agreement with the city, and any other documentation as may be deemed necessary by the city in order to determine the agency's compliance with the provisions of the contract. (C) Contract required;procedure for distribution of funds. (1) All city funds allocated or granted to any non-profit agency shall be by means of a written contract based upon services to be provided to or work to be performed on behalf of the city and its residents in compliance with the provisions of Arizona Revised Statutes regarding the use of public funds. (2) All city funds allocated or granted under the provisions of this section shall be released in equal quarterly installments or quarterly payments based upon a schedule of anticipated expenses which has been approved by the Mayor and Council. No subsequent quarterly allocation or grant shall be released until such time that the receiving agency has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the scope of work stipulated in their contract with the city. (D) Submittal of requests for funding. All funding requests submitted by non-profit agencies for the allocation or grant of city funds shall be submitted to the City Clerk's office during the month of January of each year. Requests so submitted shall not be subject to city funding unless approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, passed 11-3-1998) Q§ 2-14-2 REQUESTS FOR FINANCIAL ASSISTANCE. All requests for financial assistance shall comply with the following stipulations and conditions: (A) All requests shall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as registered with the Arizona Secretary of State, Arizona Corporation Commission or other appropriate state office. The registration shall be current and documentation of such status and registration shall be provided at the time of the request. This 13 article shall not apply to governmental or quasi-governmental jurisdictions; (B) All requests shall be submitted to the City Clerk during the month of January of each year in order to be eligible for consideration in conjunction with the subsequent fiscal year budget; (C) All requests received in accordance with division(B) above shall be referred to the appropriate city board or commission for purposes of review and recommendation to the Council; and (D) In those instances where a request is due to catastrophic circumstances or when the public health, safety and welfare is at risk, the requirements of this article may be waived by action of the Council. It is preferable, however, even in such instances, for the request to receive a review and recommendation from the appropriate city board or commission. (Prior Code, Art. 2-14) 14 Exhibit C mC7nuyy ro roro m a x dz o lb w gL 01 b w m w O. o a �ci try ran m lb O 0 N � Ti OP• n h+ n w y n � m OR A o n ry N rm o G p c) Qy w � w w 7Q � y arw .w^.C rb s o m ° u m o m r3 o n• 7 "•d d Cro w � 0 15 City of Apache Junction, Arizona 300 E Superstition Boulevard U = Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No. 7. �Piz File ID: 20-309 Sponsor: Shane Kiesow Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval for the award of contract to Sunland Asphalt for fog seal street preservation on select city streets. The work would be through the 1 Government Procurement Alliance cooperative Contract No. 17-16P-05 in the amount of$131,795.00 plus a 10% contingency for unforeseen change orders, in the amount of$13,179.00 for a total project cost not to exceed $144,974.00. Work is planned for Fall 2020 and will result in a preserved street surface and new street striping for the streets, as presented and discussed for the FY 20/21 CIP &Street Maintenance Plan at the June 16, 2020 City Council work session. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department U Z Home of the Superstition Mountains gHIZON Date: July 7, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project #: PW2020-04 Award City staff respectfully requests city council consideration of award of contract to Sunland Asphalt for project PW2020-04 for the fog sealing of select city streets as identified in the FY 2020-2021 CIP & Street Maintenance Plan. This Plan was discussed at city council work session on June 16, 2020. Work entails a liquid asphalt fog seal applied to the street for preservation from the sun and rain. New street striping/markings will be applied where applicable. It is anticipated road restrictions will be during business hours only and only a disruption of short durations will occur to access ways. Public notification is planned to include fliers for area businesses/residents along with news releases of the upcoming work. Project is anticipated to be funded with city's street sales tax monies. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT # : PW2020-04 "Fog Seal 2020-2021" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party" . RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in the 1 Governmental Procurement Alliance ("1GPA") cooperative Contract No. 17-16P-05, Contractor' s Estimate dated February 12, 2020 and this Agreement (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes, Title 34, and Apache Junction City Code ("A.J.C.C. ") Article 3- 7, Procurement Procedure or such work is categorically exempt from such process . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1 . PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in 1GPA cooperative Contract No. 17-16P-05 and Contractor' s estimate dated February 12, 2020, Exhibit A, including, but not limited to: A. Power sweep and clean streets before application of treatment totaling approximately 115, 480 square yards . B. Apply PMRE fog seal to approximately 115, 480 square yards of roadway pavement. C. On Ironwood Drive only, obliterate existing thermoplastic striping and markings prior to fog seal treatment. D. Following fog seal treatment, restripe with paint a 1 1 a p p l i c a b l e roadways including the reapplication of thermoplastic markings where applicable. E. Provide traffic control for the duration of the Work. Traffic control plan (s) shall be pre-approved by the City. 2 . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed one hundred thirty-one thousand seven hundred ninety-five dollars and zero cents ($131, 795 . 00) (the "Contract Sum") for the performance of the Work under the Contract Documents . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3. CONTRACT TERM: Contractor shall begin the Work no sooner than September 8, 2020 and complete it no later than December 31, 2020 . This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4 . LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5 . INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make the Work as may be directed by City to conform to said Contract Documents . 2 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7 . TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8 . PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and 3 Contractor 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 and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents . Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations . 4 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor 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, the Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor' s duty to defend, hold harmless and indemnify City, any 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 Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14 . 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. 5 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement . Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds . 6 REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement . Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance . Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. 7 Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R. S . § 23 900et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage . In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. 8 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time . A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs . Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and City staff representative. The City Manager' s decision shall be final and binding. 9 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents . Neither Party to the contract shall assign the contract or sublet it as a whole or delegates its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice . 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages . 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times . 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 10 23. FORCE MAJEURE: Neither City nor Contractor, 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 subcontractors 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 obligations under this Agreement. 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 Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor 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. 24 . TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement . City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 11 25. RECORDS: Records of Contractor' s labor, payrolland other costs pertaining to this Agreement shall be kept on generally recognized accounting basis and made available to City for inspection on request . Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties . The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. 27 . ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28 . SEVERABILITY: City and Contractor 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. 12 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511 . 31 . PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35-393 through 35-393. 03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to, consequential and liquidated damages . 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor 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. Contractor 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. Contractor shall not be deemed in material breach of this Agreement if the Contractor 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- 13 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor 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. 14 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2020 . SUNLAND ASPHALT, an Arizona corporation By: Matt John n Its ..•- ,./y Senior Vice President SEAL` CITY OF APACHE JUNCTION, ARIZONA, i •••��RY25 an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: — (;:�g 52220 Richard J. Stern City Attorney l STATE OF ARIZONA ) ) ss . COUNTY OF MARICOPA ) The foregoing was acknowledged before me this 28th day of April 2020, by Matt Johnson as Senior Vice President of Sunland Asphalt. Notary Pubic My Commission Expires : .2—7, ;7- 57EPHANii?M "'31'LIN J Notary Public•Arizona 4 Marlcopa County My Commisslon Explres August 27,2022 Commission#552178 STATE OF ARIZONA ) Ss . COUNTY OF ) The foregoing was acknowledged before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, an Arizona municipal. corporation. Notary Public My Commission Expires: 16 Exhibit A -SU N LA N n- 775 W. Elwood Street ASPHALT Phoenix,AZ 85041 (P) 602.323.2800 (f)602.910.3224 To: City of Apache Junctlon Contact: Shane Kiesow Address: 575 E Baseline Ave Phone: 480 474 8515 Apache)unction,AZ 85119 US Fax 480 982 BOOS Project Name: City of Apache Junction 2020 Fog Seal Bid Number: PHDo5292 Project Locaton: various Locations,Apache Junction,AZ Bid Date Z1121M20 Bid in Accordance with the 1 GOYERMENTAL PROCUREMENT ALLIANCE(IGPA) Contract#17-16P-05-Asphalt and Related Surfaces-Awarded hone 26,2019 UNITPRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST-ZONE#1 Item Description Estimated Quantity Unit Unit Prke Total Price Foo Seat Appgcation-Polymer Modified Rejuvenarrnn Fnndcinn 115,480.00 SY $0.59 $68,13320 (PMRE) Power Sweep And Clem Approx.115,490 Square Yards, Apply PMRE Fog Serf To Approx.115,480 Square Yards At An Apprmdm ate Rate Of.12 Gallons Per Square Yard,(Adhesion Or Bording Of Fog Seal Materials Is Not Warranted In Areas Exposed To Automotive Fluids And/or Other Splls.) Pavement Marldnas I!Y' S $35,920.83 $35,920.83 Place Temporary Chip Seal Markers,Stripe All Fog Sealed Locations With Permanent Paint To Match E:Ssting Layout(Including Legends/Symbols). On Ironwood Road Only:Obliterate Existing Thermoplastic Markings Prior To Fog Seal Application,in Addtion To Permanent Paint,Apply Thermoplastic Markings&5MbolsfLegerds To Match Existing Layout. Traffic Control k Barricadina Allowance I DO AL $20,000.00 $20,w.00 Provide Traffic Control&Barricades Within Our 5eope Of Work Per City Of Apache Junction's Requlrem ants.TCP's Are To Be Drafted And Submitted To City Of Apache Junction For Ayprovaf Prior To Start Of Work.Traffic Control Will Be An Allowance Rem In Order To Provide All Of The Requested Labor&Devices(Flaggers,YMB's,Off-Duty Officers, Etc.)At The Cit's 01rechon.Costs Shown Are Only An Estim ate.Actual Costs For Traffic Control Items Will Be Billed At Cost Plus 10%Mark-Lip. These Rams Wil Be Subject To Tax&Bond As Part Of The Overall Contract Yalue. Bid PriceSW*otal: $124,OS4.03 Total State,County,tit City of Apache Junction Tames 6.240D%: $T,740.97 Total Bid Price: $131,795.00 Notes: • Material pricing is good through 10-30-2020. • Pricing excludes nighttweekend work,quality control testing,loop detectors,permanent signage,crack seeing,water source,or as-1xilts/R"ey In price unless noted above,Any pre-existing ADA complance issues are excluded from contract unless specifically stated in proposal. AcoRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/281202D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Reseco Insurance Advisors, LLC 7901 N. 16th Street, PHONENo Ext:602-753-4250 Fn c No:602-419-2242 Suite 100 AOD REss: certificates resecoadvisors.com Phoenix AZ 85020 INSURER s AFFORDING COVERAGE NAIC# INSURER A: National Union Fire Ins Co of PA 19445 INSURED 69M INSURER B:Crum&Forster 5 C Ins CO 44520 Sunland Asphalt& Construction, Inc.1625 E. Northern Avenue lNsuRERc:Atlantic Specialty Insurance Co 27154 Phoenix AZ 85020 INSURER D:Allied World Assurance Co 19489 INSURER E: Travelers Excess and Surplus Lines Company 29696 INSURER F: COVERAGES CERTIFICATE NUMBER,43270256 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR SIL POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICYNUMBER MMMO MM1DD LIMITS A TMERCIAL GENERAL LABILTTY Y Y GL9925617 4/1/2020 4/1/2021 EACH OCCURRENCE S1,000,000 CLAIMS MADE OCCUR PREMISES Ea occurrence S 500,000 MED EXP(Any one person) $25,000 PERSONAL&ADVINJURY $1,000,000 GENL AGGREGATE LIMITAPPLIESPER: GENERAL AGGREGATE I $2,000,000 POLICY ]JJECT LOC PRODUCTS-COMPIOP AGG S 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA9775927 411/2020 4112021 COMBINED SIN LE LIMIT $1.000,000 {Ea aoddert Ix ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULEDBODILY INJURY Peraccidenl 5 AUTOS ONLY AUTOS ( )HIRED X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per eaident S D X UMeRELLALL4B I X OCCUR Y 0312-2833 4/1/2020 411/2021 EACHOCCURRENCE $16,000,000 E ZUP71N2596820NF 4/112020 4/1/2021 EXCESS LIAR CLAIMS-MADE AGGREGATE $15,000,000 DED I X I RETENTIONS $ A WORKERS COMPENSATION Y M011169704 411/2020 411/2021 X STATUTE ERH AND EMPLOYERS'LIABILITY Y 1 N ANYPROPRIETORIPARTNERIEXECUTIVE N!A E.L.EACH ACCIDENT S 1,000,000 OF FICERWEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 8 ProflPdl Liability CF90OA6723 2/16/2020 2/1612021 Aggregate/Each Ctaim $5,000,000 C Installation Floater 710035789 711/2019 7/1/2020 Any One Jobsi(e $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES tACORD 101,Additional Remarks Schedule,may be attached if mom space is required) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers Liability/Workers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referencedExcess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. RE City of Apache Junction,Street Maintenance Project No.PW2020-04, Fog Seal 2020-2021 Additional Insured City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Apache Junction 575 E Baseline Ave Apache Junction AZ 85119 AUTN RIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard U = Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No.8. �Piz File ID: 20-310 Sponsor: Shane Kiesow Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of the award of contract to Sunland Asphalt for the reconstruction of Baseline Avenue from Winchester Road to Tomahawk Road. The work would be through the 1 Government Procurement Alliance cooperative contract No. 17-16P-05 in the amount of $737,911.27, plus a 10% contingency for unforeseen change orders in the amount of $73,791.00 for a total project cost not to exceed $811,702.27. Work is planned for Fall 2020 and will result in a new paved surface, street striping and bike lanes for this portion of Baseline Avenue as presented and discussed for the FY 20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department U Z Home of the Superstition Mountains gHIZON Date: July 7, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project #: PWC2019-44 Award City staff respectfully requests city council consideration of award of contract to Sunland Asphalt for project PW2019-44 for the reconstruction of Baseline Ave. from Winchester Rd. to Tomahawk Road. This work is included in the FY 2020-2021 CIP & Street Maintenance Plan. This Plan was discussed at city council work session on June 16, 2020. The work would be scheduled during the day only. It is anticipated the road will be closed to traffic except for local business access only. Public notification is planned to include advance notice signage of upcoming construction, fliers for area businesses along with news releases of the upcoming work. Majority of project is anticipated to be funded with city's designated street development fees. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT #: PWC2019-44 "Baseline Ave. Reconstruction; Winchester Rd. to Tomahawk Rd. " THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in the 1 Governmental Procurement Alliance ("1GPA") cooperative Contract No. 17-16P-05, Contractor' s Estimate dated January 23, 2020 and this Agreement (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes, Title 34, and Apache Junction City Code ("A. J.C .C. ") Article 3-7, Procurement Procedure or such work is categorically exempt from such process . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in 1GPA cooperative Contract No. 17-16P-05 and Contractor' s estimate dated January 23, 2020, Exhibit A, including, but not limited to: A. Pulverize existing asphalt to depth of 5 inches totaling approximately 23, 689 square yards . B. Cement treat subgrade with a minimum 4% cement totaling approximately 23, 689 square yards . C. Pave 3 inches asphalt concrete totaling approximately 23, 689 square yards . D. Restripe roadway (two coats of paint) including necessary striping survey, bike :ane, markings and symbols upon completion of said Work. E. Provide traffic control for the duration of the Work. Traffic control plan (s) shall be pre-approved by the City. 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed seven hundred thirty-seven thousand nine hundred eleven dollars and twenty- seven cents ($737, 911 . 27) (the "Contract Sum") for the performance of the Work under the Contract Documents . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. 3. CONTRACT TERM: Contractor shall begin the Work no sooner than September 8, 2020 and complete it no later than December 31, 2020 . This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit . 4 . LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the Contract Documents . Contractor further agrees to make the Work as may be directed by City to conform to said Contract Documents . 2 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before acceptance . Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above . 7 . TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and 3 Contractor 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 and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses . Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 4 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor 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, the Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor' s duty to defend, hold harmless and indemnify City, any 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 Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval . All subcontractors shall be identified by Contractor prior to award of contract . Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. 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. 5 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement . Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit . City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE 6 Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit . The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s Work. Coverage will be at least as broad as coverage code 1, NNany auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards . If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. 7 Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit . By execution of this Agreement, Contractor certifies as follows : "I am aware and understand the provisions of A.R.S . § 23 900et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement. " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. 8 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time . A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) calendar days after the difference of opinion or grievance occurs . Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and City staff representative . The City Manager' s decision shall be final and binding. 9 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents . Neither Party to the contract shall assign the contract or sublet it as a whole or delegates its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18 . WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages . 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times . 22 . RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 10 23. FORCE MAJEURE: Neither City nor Contractor, 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 subcontractors 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 obligations under this Agreement. 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 Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor 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 . 24 . TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document . Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 11 25. RECORDS: Records of Contractor' s labor, payrolland other costs pertaining to this Agreement shall be kept on generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties . The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. 27 . ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral . It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28 . SEVERABILITY: City and Contractor 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. 12 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R. S. § 38--511 . 31. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R. S . §§ 35-393 through 35-393. 03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to, consequential and liquidated damages . 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor 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. Contractor 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. Contractor shall not be deemed in material breach of this Agreement if the Contractor 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- 13 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor 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. 14 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2020 . SUNLAND ASPHALT, an Arizona cor'p�o^ratio Y" 1 By: Matt Johns Its : Senior Vice President CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: 44- 16-20 Richard J. Stern City Attorney 15 STATE OF Arizona ) ) ss. COUNTY OF Maricopa ) The foregoing was acknowledged before me this 9th day .:.t April 2020, by Matt Johnson as Senior Vice President of Sunland Asphalt . SANDRAMADRID z Notary Public-Arizona Maricopa County My Commission Expires June 18,2023 Commission#565020 Notary Publi My Commission Expires : STATE OF ARIZONA ) ss . COUNTY OF ) The foregoing was acknowledged before me this day of , 2020, by Jeff Serdy, as Mayor of the City o! Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires: 16 Exhibit A -S U N LA N D- 3002 S Priest Dr. ASP HALT Tempe AZ 85282 602-323-2800 (p) 602-680-1582 (f) To: City Of Apache Lnctlan Contact Shane Kiesow Address: 575 E.Baseline Ave Phone: (480)474-6515 Apache Junclion,AZ 85119 USA Faic (480)962-MM Project Name CITY OF APACHE UNCTION-BASELINE RD(WINCHESTER TO Bid(lumber. 1612 TOMAHAWK) Project Location: PHASE 3-BASELINE RD(WINCHESTER TO TOMAHAWK),Apache Bid Data 112312020 Junction,AZ Item# Item Descri Estimated g2aty Urn UrdtPrice Total Price 1 MOBILIZATION 1.00 LS $37,600.00 $37,6M00 2 REMOVALS(CONCRETE RAMPS,SIGNAGE,FENCE,MISC. 1.00 LS $13,600.00 $13,600.CO VEGETATION) 3 CONCRETE RAMP RETRO-FIT TRUNCATED DOMES 4.OD EACH W D0 $3,6mo0 (TOMAHAWK&CACTUS) 4 CONCRETE DIRECTIONAL RAMP-SINGLE(ROYAL PALMS) 1.00 EACH $1,800.00 $11800.00 S CONCRETE RAMP REPLACEMENT-PER ADA(PADRE& 3.00 EACH $3,o00A0 $9,000 m WINCHESTER) 6 PULVERIZE EXISTING A5PHALTIABC (5'DEPTH) 23,689.00 SY We $14108.52 7 5UB GRAD E PREP&FIN 15H 23,689.00 SY $3.30 $78,173.70 8 CEMENT TREATED SUBGRADE Ir DEPTH(4%CEMENT) 23,689.00 SY $3.95 $93,571-55 9 PAYE 3-ASPHALT(A-19MM MY MIX) 23,689.00 SY $17.50 $414,557.50 10 STRIPING(2 COATS OF PAINT)(INCLUDES BIKE LANE, 1.00 LS $22,200A0 422,20.00 SYMBOLS,&SURVEY) 11 SURVEY&LAYOUT LOD LS $10,200.00 $1q2= 12 QUAUTY CONTROL TESTING LOD LS $9,000.00 $91000.00 13 TRAFFIC CONTROL LOD LS $2 W.00 $450QOD TOW Bid Price: $737,911.27 Notes: • Bid In Accordance with the 1 GOVERMENTAL PROCUREMENT ALLIANCE(IGPA) Contract*17-I GP-OS—Asphalt and Related Surfaces-Awarded June 23,2017 LIMIT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST—ZONE#1 . CONCRETE RAMPS INCLUDE TRUNCATED DOMES(TEKWAY TERRA-COTTA) • PROPOSAL 15 BASED ON COMPLETING THE WORK IN 2 PHASES TO ACCOMADATE TRAFFIC AND STAKEHOLDERS • PRICING 15 GOOD THROUGH 1213112020 • TRAFFIC CONTROL INCLUDES MESSAGE BOARDS AND TEM ACCESS WHEN REQUIRED • PRICING DJCLLDES ALL TAXES&BONDING. i "r AC RO o0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDJYYYY) 4/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT Reseco Insurance Advisors, LLC NAME` 7901 N. 16th Street, PHON ):602-753-4250 F N Alc Noll:602-419-2242 Suite 100 AWRESS: certificatLs@resecoadvisors.com Phoenix AZ 85020 INSURER S)AFFORDING COVERAGE NAICN INSURERA: National Union Fire Ins Co of PA 19445 INSURED 6934 INSURER B:Crum&Forster Spec Ins Co 44520 Sunland Asphalt& Construction, Inc.1625 E. Northern Avenue INSURERc:Atlantic Specialty Insurance Co 27154 Phoenix AZ 85020 INSURER D;Allied World Assurance Co 19489 INSURER E; Travelers Excess and Su!plus Lines Company 29696 INSURER F: COVERAGES CERTIFICATE NUMBER:1327519662 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE S POLICY EFF POLICY EXP LTR POLICYNUMBER MM1DD I MMIDD LIMITS A X COMMERCIALGENERALLIABILITY Y Y GL9925617 4/1/2020 4/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $500,000 ME EXP(Anyone person) $25,000 PERSONAL&ACV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY J JECOT LOC PRODUCTS-COMPIOP AGG S 2.000,000 OTHER. S A AUTOMOBILE LIABILITY Y Y CA9775927 4/1/2020 4/1/2021 Ea BINEOtSIN LE LIMIT S 1,000,000 ANYAUTO BODILY I NJ URY(Per person) S OWNED SCHEDULED INJURY AUTOS ONLY AUTOS ( ) BODILY acCidenl $ HIRED X X NON-OWNED PROPERTY DAMAGE $ XIAUTOS ONLY AUTOS ONLY Per acadenl S 0 X UMBRELLALIAB X OCCUR Y 0312-2833 4/1/2020 411/2021 EACH OCCURRENCE S 15,000,000 E ZUP71N259682ONF 4/1/2020 4/1/2021 EXCESS LIAR CLAIMS-MADE AGGREGATE S 15,000,000 DED X RETENTIONS y,Inn n I I $ A WORKERS COMPENSATION Y WC011569704 4/1/2020 4/1/2021 LJ PER OTH- AND EMPLOYERS'LLABILnY y I N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,DOO,000 OFFICE R/MEMBEREXCLUDED? NIA (Mandatory In beun E.L.DISEASE-EA EMPLOYEE 51,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,D00 B Prol/PollLiaNlity CF90OA6723 2/1612020 2J16/2021 Aggregale/EachClaim $5.000,000 C Installation Floater 710035789 7/1/2019 711/2020 AnY One Jobsile $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if mom spats Is rsqulred) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers Liability/Workers Compensation If required by written contract subject to all provisions and limitations of the policies. The above referenced Excess/Umbrella Liability policy is follow-form and provides additional limits of Insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. PROJECT#:PWC2019-44 -Baseline Ave. Reconstruction;Winchester Rd.to Tomahawk Rd. Additional Insured:City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Apache Junction 575 E. Baseline Ave. I Apache Junction AZ 85219 ;�W=TATTVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard U = Agenda Item Cover Sheet Apache Junction,AZ 85119 ` • Agenda Item No.9. �Piz File ID: 20-311 Sponsor: Shane Kiesow Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of the award of contract to Sunland Asphalt for the reconstruction of Baseline Avenue from Ironwood Drive to Meridian Road. The work would be through the 1 Government Procurement Alliance cooperative contract No.17-16P-05 in the amount of $711,107.50, plus a 10% contingency for unforeseen change orders in the amount of $71,110.00 for a total project cost not to exceed $782,217.50. Work is planned for Fall 2020 and will result in a new paved surface, street striping and bike lanes for this portion of Baseline Avenue as presented and discussed for the FY 20/21 CIP & Street Maintenance Plan at the June 16, 2020 City Council work session. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 �PQpCNF✓ ti Public Works Department U Z Home of the Superstition Mountains gHIZON Date: July 7, 2020 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Project #: PWC2020-03 Award City staff respectfully requests city council consideration of award of contract to Sunland Asphalt for project PW2020-03 for the reconstruction of Baseline Ave. from east of Meridian Drive to Ironwood Drive. This work is included in the FY 2020-2021 CIP & Street Maintenance Plan. This Plan was discussed at city council work session on June 16, 2020. The work would be scheduled during the day only. It is anticipated the road will be closed to traffic except for local business access only. Public notification is planned to include advance notice signage of upcoming construction, fliers for area businesses/residents along with news releases of the upcoming work. Majority of project is anticipated to be funded with city's designated street development fees. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 # FAX (480) 983-5752 or (480) 982-8005 CITY OF APACHE JUNCTION STREET MAINTENANCE AGREEMENT PROJECT ##: PWC2020-03 "Baseline Ave. Reconstruction; Ironwood Dr. to Meridian Rd. " THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SUNLAND ASPHALT, an Arizona corporation, ("Contractor") , sometimes collectively referred to as the "Parties" or �ndiv�dually as a "Party" . RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in the 1 Governmental Procurement Alliance ("1GPA") cooperative Contract No. 17-16P- 05, Contractor' s Estimate dated March 2, 2020 and this Agreement (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes, Title 34, and Apache Junction City Code ("A. J.C .C. ") Article 3-7, Procurement Procedure or such work is categorically exempt from such process . AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows : 1 . PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in 1GPA cooperative Contract No. 17-16P--05 and Contractor' s estimate dated March 2, 2020, Exhibit A, including, but not limited to: A. Pulverize existing asphalt to depth of 5 inches totaling approximately 17, 275 square yards . B. Cement treat subgrade to a depth of 8 inches with a minimum 4% cement totaling approximately 22, 979 square yards . C. Pave 3 inches asphalt concrete totaling approximately 22, 979 square yards. D. Restripe roadway (two coats of paint) including center-line raised pavement markers, striping survey, bike lane, markings and symbols . E. Extend existing 18" corrugated metal pipes for a total liner foot length of 144 feet . Install new headwall for pipes on south side of street . F. Replace guardrail end treatments at four locations . G. Provide traffic control for the duration of the Work. Traffic control plan (s) shall be pre-approved by the City. 2 . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed seven hundred eleven thousand one hundred seven dollars and fifty cents ($711, 107 . 50) (the "Contract Sum") for the performance of the Work under the Contract Documents . All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable . 3. CONTRACT TERM: Contractor shall begin the Work no sooner than September 8, 2020 and complete it no later than December 31, 2020 . This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit . 4 . LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will 2 occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make the Work as may be directed by City to conform to said Contract Documents . 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such Work shall include the repair or replacement of other Work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City 3 permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perfcrm the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes `doing business in the City of Apache Junction" and Contractor 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 and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6 . Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors wil : obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent cc:ntractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents . Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. 10 . SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress 4 schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor 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, the Work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor' s duty to defend, hold harmless and indemnify City, any 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 Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 13. SUBCONTRACTORS : All subcontractors chosen by Contractor will be subject to City' s approval . All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14 . 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 5 expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement . Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies . Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement . 6 The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit . The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc. ' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the Work, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor' s Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company tha` issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s Work. Coverage will be at least as broad as coverage code 1, "any 7 auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor' s employees engaged in the performance of the Work; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit . By execution of this Agreement, Contractor certifies as follows : "I am aware and understand the provisions of A.R. S . § 23 900et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement . " If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing Work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer (s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East 8 Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City' s Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision : "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy. " Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the applicable conditions of this maintenance agreement . The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent with the intent of this maintenance agreement. All such changes shall be effected by written order and shall be binding upon City and Contractor. All change order disagreements of the Contractor shall be submitted in writing to the City Manager within five (5) 9 calendar days after the difference of opinion or grievance occurs . Within five (5) calendar days of receiving a written grievance, the City Manager shall respond in writing to the Contractor and City staff representative. The City Manager' s decision shall be final and binding. 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents . Neither Party to the contract shall assign the contract or sublet it as a whole or delegates its duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice . 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20 . PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms . 21 . SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times . 22 . RIGHTS & REMEDIES : The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to 10 any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, 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 subcontractors 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 obligations under this Agreement . 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 Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor 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 . 24 . TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract 11 by Contractor. Contractor shall provide Notice of Termination to City by Certified U. S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor' s labor, payrolland other costs pertaining to this Agreement shall be kept ona generally recognized accounting basis and made available to City for inspection on request . Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties . The representatives of the parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) , shall be authorized to execute future amendments or extensions of this Agreement. 27 . ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral . It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor 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 12 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. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement . 30 . CONFLICT OF INTEREST: This Agreement is subject tc], and may be terminated by City in accordance with, the provisions of A.R.S. 38-511 . 31 . PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R. S. §f? 35-393 through 35-393 . 03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel . Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement is automatically terminated. Any such boycott is a material breach of contract and will subject Contractor to monetary damages, including but not limited to, consequential and liquidated damages . 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R. S . § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor 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 . Contractor 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. 13 Contractor shall not be deemed in material breach of this Agreement if the Contractor 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) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor 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. 14 IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2020 . SUNLAND ASPHALT, izona corporation Iv ` By: Matt Johnson Its : Senior Vice President CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its : Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: (4?40-16 2- o Richard J. Stern City Attorney L STATE OF Arizona ) ) ss. COUNTY OF Maricopa ) The foregoing was acknowledged before me this 9th day of April , 2020, by Matt Johnson a:; Senior Vice President of Sunland Aspha: . t" ,f SANDRA MADRO o Notary Public-Arizona a Mancopa County Y My Commission Expires June 18,2023 Commission#565020 Notary Public My Commission Expires : A /f/ �200B-- STATE OF ARIZONA ) ss . COUNTY OF ) The foregoing was acknowledged before me this day of , 2020, by Jeff Serdy, as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires : ; 6 Exhibit A -S U N LA N LZ__- 3002 S Priest Dr. ASPHALT Tempe AZ 85282 602-323-2800 (p) 602-680-1582 (f) To: Clty Of Apache 1uncdon Contact: Shane Kiesow Address: S7S E aasdine Ave Phone: (480)474-8515 Apache arxbon,Az as119 USA Fasc (480)982-8005 Project N amc CITY OF APACHE JJNCTION-BASELINE RD (MERIDIAN TO Bid N umber: 1628 IROfmow) Project Location: PHASE 4-BASELINE RD (MERIDIAN-IRONWOOD),Apache 31rK-tor, Bid Date: 312=0 AZ IOem# Item Desuiption EsImaffid Unit UrdtPrlce Total Prtce 1 MOBILIZATION LW LS $15,200DO $15,2DO.00 L REMOVALS(SHOTCRETE PIPE ENDS, 5IGNAGE, LW LS $15,6WDO $15,6wm GUARDRAIL END TREATMENTS,MI5C,VEGETATION) 3 CONCRETE HEADWALL(5,5IDE PIPE CROSSING AT SELF LW EAo- $5,10o.00 $5,loci W STORAGE) 4 16-CMP(12 GAGE)PIPE EXTENSIONS-3 X 18-CMP X 48 144,00 LF $15100 $21,E00.W LF(CROSSING AT SELF STORAGE) 5 GUARDRAIL END TREATMENT REPLACEMENTS(CAP 4.00 EACH $5,750DO $23,OMOD CANAL 2 EA.f FCD BOX CULVERT 2 EA.) 6 PULVERIZE EXISTING A5PHALT/AB( (S•DEPTH) 17,27a00 SY $0.68 $11,747.W 7 5L13GRADE PREP&FINISH 22,979.W SY $3.30 M83CL70 6 CEMENT TREATED 5UBGRADE 8•DEPTH(4%CEMENT) 22,979.00 SY $3,95 $90,7157,05 9 PAVE 3"A5PHALT (A-19MM HV MIX) 22,979.0D SY $1725 $396,387.75 10 FINAL ADJUST MANHOLES(PER MAG) 5.W EACH $475DO $2,37SOD 11 STRIPING(2 COATS OF PAINT)(INCLUDE5 CL RPM'S,BIKE LOD LS $IB,900D0 $18,9MOD LANE,SYMBOLS,&SURVEY) 12 SURVEY &LAYOUT LW LS $9,0mD0 $9,000.00 13 QUALITY CONTROL TESTING lW LS $72WDO $7,2M00 14 TRAFFIC CONTROL LW LS $18,400DO $18,4M00 Total Bid Price: $711,107.50 Notos: • BM In Accordance with the 1 GOVERMENTAL PROCUREMENT ALLIANCE(1GPA) Can brad#17-1 SP-05—Asphalt an d R of ated Surf ac es-Aw arded Am a 28,2017 UNrT PRICE BREAKDOWN CAN BE PROVIDED UPON REQUEST—ZONE#1 • 18"CMP PIPE EXTENSION WORK WILL BE COMPLETED BEFORE ROAD CLOSURE TO ENSURE TEMP ACCESS FOR LA CASA BLANCA&ANYTIME SELF STORAGE • PROPOSAL 15 BASED ON COMPLETING THE WORK IN 1 PHASE WITH FULL CLOSURE(TEMP ACCESS FOR BUSINESSES AS NEEDED) • PRICING I5 GOOD THROUGH 12f 31/2020 • TRAFFIC CONTROL INCLUDES MESSAGE BOARDS FOR FULL CLOSURE NOTIFICATION AND TEMP ACCE55 WHEN REQUIRED • PRICING INCLLDES ALL TAXES&BONDING, CERTIFICATE OF LIABILITY INSURANCE DATE tMMMDIYYYY) 4/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Reseco Insurance Advisors, LLC 7901 N. 16th Street, WC,No •602-753 4250 FAX. No):602 419-2242 Suite 100 ADDRDRESS: certificates resecoadvisors.com Phoenix AZ 85020 INSURER($)AFFORDING COVERAGE NAIC1 INSURER A:National Union Fire Ins Co of PA 19445 INSURED 6934 INSURER B:Crum 8 Forster Spec Ins Co 44520 Sunland Asphalt&Construction, Inc.1625 E. Northern Avenue INSURERc:Atlantic Specialty Insurance Co 27154 Phoenix AZ 85020 INSURER D:Allied World Assurance Co 19489 INSURER E:Travelers Excess and Surplus Lines Company 29696 INSURER F: COVERAGES CERTIFICATE NUMBER:1866172579 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR POLICYNUMBER MM/DD MMIDD LIMITS A X COMMERCIALGENERALLIABILITY Y Y GL9925617 4117202O 4/1/2021 EACHOCCURRENCE $1.000,000 CLAIMS-MADE OCCUR DAMAGE TO RE PREMISES Ea ocwnence $500.000 MED EXP(Any one person) $25.000 PERSONAL 8 ADV INJURY $1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $2,000,000 POLICY E�]JE a F I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILELIABILny Y Y CAS775927 4/1/2020 4/1/2021 EOaoad D SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY Per accident AUTOS ONLY AUTOS ( 1 S X HIRED X AUTOS ONLY PROPERTY DAMAGE AUTOS ONLY Per NON-OWNED PRO axident s S D X UMBRELLA LIAR X 10CCUR Y 0312-2833 4/1/2020 4/112021 EACH OCCURRENCE S 15,000.000 E ZUP71N2596820NF 411/2020 4/1/2021 EXCESS LIAR CLAIMS-MADE AGGREGATE S 15,000,000 DED X RETENTIONS S A WORKERS COMPENSATION Y WCo11569704 4/1/2020 411/2021 X STATUTE ERH AND EMPLOYERS'LUIBILITY Y I N ANYPROPRIErORiPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? (Mandatory In NH) E.L.DISEASE-EPA EMPLOYEE $1,000.000 If yes,describe under E.L $1,000,000 DESCRIPTION OF OPERATIONS below DISEASE-POLICY LIMIT B Prof/Poll Liability CF90OA6723 2/16/2020 2/16/2021 Aggregate/Each Claim $5,000.000 C Installation Floater 710035789 711/2019 7/1/2020 Any One Jobsite $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if mom apace is required) Certificate holder is hereby included as Additional Insured with respects to the General Liability,Automobile Liability and Umbrella Liability on a primary and non-contributory basis if required by written contract subject to all provisions and limitations of the policies.Waiver of Subrogation in favor of Certificate Holder applies to the General Liability,Automobile Liability and Employers Liability/Workers Compensation if required by written contract subject to all provisions and limitations of the policies. The above referenced Excess/Umbrella Liability policy is follow-form and provides additional limits of insurance for General Liability, Automobile Liability and Employers Liability/Workers Compensation. PROJECTM PWC2020-03-Baseline Ave.Reconstruction,Ironwood Dr.to Meridian Rd. Additional Insured:City of Apache Junction CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. 575 E. Baseline Ave. Aural RIZED REPRESENTATIVE Apache Junction AZ 85119 4�0r- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 20-320 Sponsor: Anna McCray Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of approval of the proposed Second Amendment to the City's contract with Tyler Technologies, to add the following software modules at an annual maintenance cost of $20,680 for Phase II of the project: human resources, payroll with employee self-service, vendor self-service and bids with contracts. A one time implementation fee of$82,740 in addition to $21,920 in travel costs, if travel were to resume and onsite assistance is needed, will be incurred and billed as needed with City's consent. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 SECOND AMENDMENT TO SOFTWARE AS A SERVICE AND IMPLEMENTATION SERVICES AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND TYLER TECHNOLOGIES THIS AMENDMENT is made and entered Into this day of , 20 . ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and TYLER TECHNOLOGIES, INC., a Delaware corporation("Tyler"), sometimes collectively referred to as the "Parties"or individually as the"Party". RECITALS A. On August 20, 2018, the Parties entered Into a Software as a Service ("SaaS") Agreement which included maintenance and support of the City's Enterprise Resource Planning System ("ERP"), commonly referred to as Munis financial operations, (the "Agreement"). B. On December 6, 2018, City and Tyler executed an amendment (the "First Amendment") to the Agreement which reallocated data conversion expenses to additional implementation consultant assistance on the financials segment. C. City now desires to add six (6)additional SaaS modules and associated Implementation/conversion services to be performed by Tyler in Phase 11. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which Is hereby acknowledged, the Parties agree to amend the August 20, 2018, Agreement as follows: A. Exhibit E, Scope of Work, Section 1.2 and Exhibit A, Investment Summary, will be amended to include the SaaS services, Implementation/conversion services, and estimated travel expenses set forth in the sales quotation attached hereto as Exhibit 1. The annual SaaS fees payable under the Agreement shall be increased in the amount of$20,680, for the Tyler Software added herein. The first year's annual SaaS Fees shall be invoiced on September 1, 2020 for the period September 1, 2020 through August 31, 2021. Subsequent SaaS Fees shall be invoiced in accord with the terms of the Agreement. B. Unless otherwise provided herein, services identified at Exhibit 1 and added to the Agreement pursuant to this Amendment (not to exceed $82,740 without Client's prior written approval), along with applicable expenses (estimated at$21,920), shall be invoiced as provided and/or incurred. C. Except as expressly amended herein, all other terms and provisions of the Agreement executed by the Parties on or about August 20, 2018, shall remain in full force and effect until the Agreement is terminated. IN WITNESS WHEREOF, the Parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: TYLER TECHNOLOGIES, Inc., a Delaware corporation 6130120 By: Christo er P. He b rrf _ Its: President. Enterprise Group CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Jeff Serdy Its: Mayor ATTEST: Jennifer Pef'ia City Clerk APPROVED AS TO FORM: (0 00 -20 R.Joel Stern City Attorney 2 STATE OF_Maine ) )88. COUNTY OF_Cumberland) The foregoing was subscribed and sworn to before me this_30_day of June_, 2020, by Christopher P. Hepburn_as _President, Enterprise Group_ of Tyler Technologies, Inc., a Delaware corporation. License Notary Public/A r at Law My Commission Expires: 3 I Zv�O ME Bar ID#009461 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20_, by Jeff Serdy, as Mayor of the City of Apache Junction,Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 3 EXHIBIT 1 .0 Quoted By: Jennifer wahlbrink tyler . ' Date: 6/10/2020 teanologies Quote Expiration: 9/1312020 Quote Name: City of Apache Junction-BRP-Munis Additional Modules Quote Number: 2020-10570962 Quote Description: 5-20-20 v 1 Sales Quotatbn For City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 95119-2925 phone+1(490)474-5066 Saag One Time Fees Financial: Bid Managemend 3.0 $1,993.00 24 $3,912.00 $0.00 Cwb-act Management 3.0 $1.975.00 24 $3,912.00 $3,000.00 Human Capital Management Human Resources&Talent Management 3.0 $5,589.00 88 $14,344.00 $0.00 Payroll WESS 3.0 $6,872.00 168 $27.384.00 $0.00 Recruiting 3.0 $1,258.00 16 $2,608.00 $0.00 Productivity: eProcuremert 3.0 $2,993.00 24 $3,912.00 $0.00 TOTAL: $20,680.00 344 $56,072.00 $3,000.00 Other Services Dosciiplion Guantity Unit Price Unit Discount Ex',ow!o(I Pi ice Configuration Hours 96 $163.00 $0.00 $15,648.00 Project Management 40 $163.00 $0.00 $6,520.00 Self-Service Insta llatim Fee-Client Hosted(Existing Customers) 1 $1,500.00 $0.00 $1,500.00 2020-105709-2-5r2o20 v.t I Of 6 Other Services TOTAL: $23,668.00 Summary One Time Fees Recurring Fees Total Tyler Software $0.00 $0.00 Total Saes $0.00 $20,680.00 Total Tyler Services $82,740.00 $0.00 Total 3rd Party Hardware,Software and $0.00 $0.00 Services Summary Total $82,740.00 $20,680.00 Contract Total $144,780.00 (Excluding Estimated Travel Expenses) Estimated Travel Expenses $21,920.00 2020-105709-2-5-20-20 0 2 of 6 Detailed Breakdown of Comrerstons(included in Contract Total) Unit R ico Unit DiSCOLII)t Extended Price, Contracts $3,000.00 $0.00 $3,000.00 TOTAL: $3,000.00 2020-105709-2-5-20-20 v.1 3 of 6 Optional SaaS One Time Fees Description ft Ybal-s Annual Foo Ir.if)l. HOUrs 1,riipl Cost Data Convoi bloi I Financial: Employee Expense Reimbursement 3.0 $2,240.00 32 $5,216.00 $0.00 TOTAL: $2,240.00 32 $5,216.00 $0.00 Unless otherwise Indicated in the contract or amendment thereto,pricing for optional Items will be held for six(6)months from the Quote date or the Effective Date of the contract,whichever is later. Customer Approval: Date: Print Name: P.O.P All primary values quoted In US Dollars 2020-105709-2-5-20-20 v.1 4 of 6 Comments Client agrees that items in this sales quotation are,upon Client's signature or approval of same,hereby added to the existing agreement("Agreement")between the parties and subject to its terms.Additionally,payment for said items,as applicable but subject to any listed assumptions herein,shall conform to the following terms: • License fees for Tyler and third party software are invoiced upon the earlier of(i)deliver of the license key or(ii)when Tyler makes such software available for download by the Client; • Fees for hardware are invoiced upon delivery; • Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees,SaaS fees,Hosting fees,and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance)or on the first day of the month following the date this quotation was signed(for SnaS,Hosting,and Subscription),and any such fees are prorated to align with the applicable term under the Agreement,with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. o Fixed-fee Business Process Consulting services shall be invoiced 50%upon delivery of the Best Practice Recommendations,by module,and 50%upon delivery of custom desktop procedures,by module. e Fixed-fee conversions are invoiced 50%upon initial delivery of the converted data,by conversion option,and 50%upon Client acceptance to load the converted data into Live/Production environment,by conversion option Where conversions are quoted as estimated,Tyler will invoice Client the actual services delivered on a time and materials basis. • Except as otherwise provided,other fixed price services are invoiced upon complete delivery of the service.For the avoidance of doubt,where"Project Planning Services"are provided,payment shall be invoiced upon delivery of the Implementation Planning document Dedicated Project Management services,if any,will be invoiced monthly in arrears,beginning on the first day of the month immediately following initiation of project planning. o If Client has purchased any change management services,those services will be invoiced in accordance with the Agreement. ° Notwithstanding anything to the contrary stated above,the following payment teens shall apply to services fees specifically for migrations: Tyler will invoice Client 501A of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%,by line item,will be billed upon the go-live of the applicable product suite.Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite.Unless otherwise indicated on this Sales quotation,annual services will be invoiced in advance,for annual terms commencing on the date this sales quotation is signed by the Client If listed annual service(s)is an addition to the same service presently existing under the Agreement,the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service,with renewals to occur as indicated in the Agreement • Expenses associated with onsite services are invoiced as incurred. Tyler recommends the use of a 128-bit SSL Security Certificate for any Internet Web Applications,such as the Munis Web Client and the MUNIS Self Service applications if hosted by the Client This certificate is required to encrypt the highly sensitive payroll and financial information as it travels across the public internet There are various vendors who sell SSL Certificates,with all ranges of prices. Conversion prices are based on a single occurrence of the database.H additional databases need to be converted,these will need to be quoted. 2020-1057M2-5.20-20 v.1 5 of 6 Comments Tyler's quote contains estimates of the amount of services needed,based on our preliminary understanding of the size and scope of your project.The actual amount of services depends on such factors as your level of involvement in the project and the speed of knowledge transfer. Unless otherwise noted,prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy. Tyler's prices do not include applicable local,city or federal sales,use excise,personal property or other similar taxes or duties,which you are responsible for determining and remitting.Installations are completed remotely,but can be done onsite upon request at an additional cost. In the event Client cancels services less than two(2)weeks in advance,Client is liable to Tyler for(i)all non-refundable expenses incurred by Tyler on Client's behalf,and(ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel. Implementation hours are scheduled and delivered in four(4)or eight(8)hour increments. Tyler provides onsite training for a maximum of 12 people per class.In the event that more than 12 users wish to participate in a training class or more than one occurrence of a. class is needed,Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users. Payroll library includes: 1 PR check,I direct deposit,1 vendor from payroll check,1 vendor from payroll direct deposit,W2,W2c,ACA 1095B,ACA 1095C and 1099 R. Project Management includes project planning,kickoff meeting,status calls,task monitoring,verification and transition to support. Personnel Actions Forms Library includes: 1 Personnel Action form-New and 1 Personnel Action Form-Change. Tyler's pricing is based on the scope of proposed products and services being obtained from Tyler.Should portions of the scope of products or services be removed by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly. The Munis SaaS fees are based on 32 concurrent users. Should the number of concurrent users be exceeded,Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories. Development modifications,interfaces and services,where applicable,shall be invoiced to the client in the following manner.5001a of total upon authorized signature to proceed on program specifications and the remaining 50%of total upon delivery of modifications,interface and services. 2020-105709-2-5-20-20 v.1 6 of 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. '+PizoN►' File ID: 20-295 Sponsor: Jeff Serdy Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 12. �Piz oN* File ID: 20-296 Sponsor: Matt Busby Agenda Date: 7/7/2020 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 13. �Piz oN* File ID: 20-301 Sponsor: Matt Busby Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Discussion and presentation by Stephen Herring of Republic Services on free dump week and an update on Solid Waste, Recycling and Disposal Services contract. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 2 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 14. Piz File ID: 20-267 Sponsor: Jennifer Pena Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Consideration of application for a special event liquor license for applicant Angela Davis of the Boys & Girls Club of the Valley for their annual Yesteryear fundraising event, to be held at Dolce Vita Retirement Community located at 3301 S. Goldfield Road, Apache Junction, AZ. This event will be held on Saturday, October 24, 2020 at 4:00 p.m. The next step in this process is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026 a te- City of Apache Junction I: 300 East Superstition Boulevard • Apache Junction, Arizona 85119 • www.ajcity.net JULY 7, 2020 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: JILL BRIGHT, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE BOYS & GIRLS CLUB OF THE EAST VALLEY YESTERYEAR FUNDRAISING EVENT An application for a special event liquor license has been submitted by Angela Davis of the Boys & Girls Club of the East Valley for their Yesteryear fundraising event to be held at Dolce Vita Retirement Community, located at 3301 S. Goldfield Road, Apache Junction, AZ 85119, on Saturday, October 24, 2020 from 4:OOpm to 11:00pm. The Apache Junction City Clerk's Office received the special event liquor license application from the applicant on June 1, 2020. The applicant was notified by mail and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendations of approval or denial to the Arizona State Liquor Licenses and Control on this application. Home of the Superstition Mountains FOR DLLC USE ONLY P� pRLICF Received Date: Arizona Department of Liquor Licenses and Control Job#: 800 W Washington 5th Floor Phoenix, AZ 85007-2934 CSR: gtio_912 ° www.azliquor.gov gRrzotsp (602) 542-5141 License#: APPLICATION FOR SPECIAL EVENT LICENSE Fees:$25.00 per day for 1-10 days(consecutive)Cash Checks or Money Orders Only A service fee of$25.00 will be charged for all dishonored checks(A.R.S§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten N 0)business dais prior to the event. SECTION 1 Applicant must be a member of a qualifying nonprofit organization, political party, or Government entity and authorized by an Officer, Director,or Chairperson of the Organization. 1. Applicant: Davis Angela Kay Last First Middle Date of Birth 2. Applicant's mailing address: 4309 East Belleview Street Phoenix AZ 85008 Street city 48State Zip 3. Applicant's home/cell phone: ( 4tJ Applicant's business phone. (_) 982-6381 4. Applicant's email address: angela.davis@clubzona.Org SECTION 2 Name of Organization, Candidate or Political Party/Gov.: Boys & Girls Clubs of the Valley SECTION 3 Non-Profit/IRS Tax Exempt Number: 86-0550646 SECTION 4 Event Location: Dolce Vita Retirement Community--Yesteryear Event Event Address: 3301 S Goldfield Rd Apache Junction, AZ 85119 SECTION 5 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S.§4-244(15)and(17)for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE"DAY Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: 10/24/2020 Saturday 4:00 PM 11:00 PM DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: 2/8/2019 Page 1 of 3 Individuals requiring ADA accommodations call(602)542-2999 SECTION 6 What type of security and control measures will you take to prevent violations of liquor laws at this event ? ( List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel ❑ Fencing ❑Barriers Explanation : We will have the Mounted Rangers providing security SECTION 7 Will this event be held on a currently licensed premise and within the already approved premises ? ❑Yes ONo (If yes, Local Governing Body Signature not required) Name of Business License Number Phone (Include Area Code) SECTION 8 How is this special event going to conduct all dispensing , serving , and selling of spirituous liquors ? Please read R- 19- 318 for explanation and check one of the following boxes . ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer' s license ElDispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 9 What is the purpose of this event ? DOn-site consumption ❑Off-site (auction /wine /distilled spirits pull ) ❑ Both SECTION 10 1 . Has the applicant been convicted of a felony, or had a liquor license revoked within the last five ( 5 ) years ? ❑Yes FNo (if yes, attach explanation.) 2 . How many special event days have been issued to this organization during the calendar year? 0 (The number cannot exceed 10 days per year.) 3 . Is the Organization using the services of a Licensed Contractor? ❑Yes ONo If yes, please provide the following : Name of Licensed Contractor: 4 . Is the organization using the services of a series 6, 7 , 11 , or 12 licensee to manage the sale or service of alcohol ? ❑Yes 0No If yes, please provide the following : Name of Licensee License # : 5 . List all people and organizations who will receive the proceeds . Account for 100% of the proceeds . The organization applying must receive 25% of the gross revenues of the special event liquor sales . Attach an additional page if necessary . l Name BGCV- Superstition Mountains Branch Percentage : 100 % Address 1755 N Idaho Rd Apache Junction , AZ 85119 Name Percentage : Address = Sheet City State Zip 2/8/2019 Page 2 of 3 Individuals requiring ADA accommodations call (602) 542-2999 Please read A . R . S . § 4 -203 . 02 Special event license ; rules and R19 - 1 205 Requirements for a Special Event License. Note : ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY . NO ALCOHOLIC BEVERAGES SHALL LEAVE A SPECIAL EVENT UNLESS THEY ARE IN AUCTION WINE OR DISTILLED SPIRITS PULL SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE / CRAFT DISTILLERY FESTIVAL LICENSE, SECTION 11 License premises diagram . The licensed premises for your special event is the area in which you are authorized to sell , dispense or serve alcoholic beverages under the provisions of your license . Please attach a diagram of your special event licensed premises . Please show dimensions , serving areas, fencing , barricades , or other control measures and security position . ATTACH DIAGRAM If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control . Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. Angela Davis e I , ( Print Full Name) An g . hereby swear under penalty of perjury and in compliance with A . R . S . § 4 - 210 (A) (2) and (3) that I have read and understand the foregoing and verify, hat the information and statements that I have made herein are true and correct to the best of my knowledge . Applicant Signature: LOCAL GOVERNING BOARD Date Received : if recommend ❑ APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City, Town, County) Signature Date Phone DLLC USE ONLY [[EllAPPROVAL ❑ DISAPPROVAL BY : DATE : I A. R . S . § 41 - 1030 . Invalidity of rules not made according to this chapter; prohibited agency action : prohibited acts by state employees ; enforcement; notice B . An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact . A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition . D . THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE , THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION , E . A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION , A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY . F . THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820 .01 OR 12-820 , 2/8/2019 Page 3 of 3 Individuals requiring ADA accommodations call ( 602) 542-2999 U tlA >� � .0 C 'U C N 7 � LLI C C p co � O C of O C Z O � O O 4 C C N Co N d O N ate+ L U 4F E p Q 0 C y ;G W CL 0 Co > O ,in 4W '.. ` '_ O - - - - - - - 44' - - - - - - - vL rl c - - - - - - - 77' - - - - - - -- - - - - Q ' � 1 O N Ln Q ;G � Q Ln cc } I a) U. O N 0 I o W u Co i- O Q O U ( „ H I > � N N I X 0 Drink & Raffle V)i i ,,_, -, I W 1 w a) N a) v a) � rO I z „ I COVERED 4 o o M Q j X OUTSIDE Lna0Q I W E i PATIO N i o Ln NVR Kt iJed a c� I losuods 06 ° 1 I vL o +, 1 L I °' I m° Ior I co I v I o i LU z I0 Ubn Z � Inside Bar Y a co Q Q I Security O � N I z VIVO „ EXIT/ENTRY S I � o_ Iw o I I F- r., Iwy N i J I No 0 0 b Z ILU i W c i O I ZLL w z z � a V o w w I o U i a J zU i } i o L Z I Q I W Q, I A I ac I W oa j I m I PARKING ROAMING SECURITY Jillian Bright From: Dave Zellner Sent: Monday,June 1, 2020 8:15 AM To: Jillian Bright Subject: RE: Boys &Girls Club Special Event Liquor License Hi Jillian,This building was designed to host events like this and there have been no known issues with this facility or event.The Building Division has no issues with approval of this special event liquor license. Respectfully, J. Davis "Dave" Zellner, C80 Building and Safety Manager - Development Services City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-5084 dzellnerkajcity.net Office Hours Monday—Thursday, 7:00 am—6:00 pm, Closed on Fridays From: Jillian Bright Sent: Monday, June 01, 2020 8:12 AM To: Thomas Parker; 'Tina Gerola'; Rick Ochs; Dave Zellner; Rudy Esquivias Cc: Jennifer Pena; Maureen Fredrickson Subject: Boys &Girls Club Special Event Liquor License Good Morning, The city clerk's office has received the attached special event liquor license application for the Boys & Girls Club annual Yesteryear fundraising event in October. Please conduct your inspections and submit your department recommendations to me by Tuesday, June 23rd in order for this item to be on the July 7th council meeting. Thank You, JUV BV-4ht Deputy City Clerk City Clerk's Office 480.474.5061 4 City of Apache Junction i 300 E. Superstition Blvd. Apache Junction, AZ 85119 �Follow Us On: City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. From:Angela Davis<Angela.Davis@clubzona.org> Sent: Sunday, May 31, 2020 3:51 PM To:Jillian Bright<jbright@AJ City.Net> Subject: Fw: Message from "APACOPIER" Liquor license Good afternoon Jillian. I apologize for this not getting to you sooner, I was awaiting the map to accompany it. If I have missed anything, please let me know. Thank you, Angela Davis Branch Director Stevenson Branch - Mesa C: 480-343-9351 E: Angela.Davis@Clubzona.org A: 638 S. 96th Street , Mesa AZ , 85206 1 View map > Mailing Address: 2602 W. Baseline Rd#25, Mesa, AZ 85202 www.bgcaz.org ARIZONA S CLUBS GREAT FUTURES START HERE . BOYSOF& HEVA LEY • • 00000 Download my contact details 2 F N SUMMER U From: Copiers<copiers@clubzona.org> Sent: Sunday, May 31, 2020 1:44 PM To:Angela Davis<Angela.Davis@clubzona.org> Subject: Message from "APACOPIER" This E-mail was sent from "APACOPIER" (MP C3004ex). Scan Date: 05.31.2020 13:44:22 (-0700) Queries to: copierskclubzona.org 3 Jillian Bright From: Tina Gerola <tina.gerola@sfmd.az.gov> Sent: Monday,June 8, 2020 4:12 PM To: Jillian Bright; Thomas Parker; Rick Ochs; Dave Zellner; Rudy Esquivias Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: Boys &Girls Club Special Event Liquor License Superstition Fire & Medical District recommends the approval of this application. Thank you. Tina Gerola I Fire Inspector Community Risk Reduction Specialist i I T VA-40►;:j j Superstition Fire&Medical District ey Office 1 (480) 982-4440 ext. 104 Mobile 1 (480) 416-9775 NEW MOBILE NUMBER OffirP Hmvrc I Mnnriav-T1iiircdn-t7 from lam-hnm Connect with us! 0 0 A 0 0 (3) From:Jillian Bright<jbright@AJ City.Net> Sent: Monday,June 1, 2020 8:12 AM To:Thomas Parker<tparker@ajcity.net>; Tina Gerola <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov>; Dave Zellner<dzelIner@AJ City.Net>; Rudy Esquivias<resquivias@ajcity.net> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Boys &Girls Club Special Event Liquor License Good Morning, The city clerk's office has received the attached special event liquor license application for the Boys & Girls Club annual Yesteryear fundraising event in October. Please conduct your inspections and submit your department recommendations to me by Tuesday, June 23rd in order for this item to be on the July 7th council meeting. Thank You, JU,U,brims Deputy City Clerk City Clerk's Office 480.474.5061 i II City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: � u;J City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. From:Angela Davis<Angela.Davis@clubzona.orR> Sent: Sunday, May 31, 2020 3:51 PM To:Jillian Bright<ibright@AJ City.Net> Subject: Fw: Message from "APACOPIER" Liquor license Good afternoon Jillian. I apologize for this not getting to you sooner, I was awaiting the map to accompany it. If I have missed anything, please let me know. Thank you, Angela Davis Branch Director Stevenson Branch - Mesa C: 480-343-9351 E: Angela.Davis@Clubzona.org A: 638 S. 96th Street , Mesa AZ , 85206 1 View map > Mailing Address: 2602 W. Baseline Rd#25, Mesa, AZ 85202 ARizoaA CLUBS GREAT FUTURES START HERE . BOYSOF& HE VA LEY •_ 000a 0 Download my contact details 2 F N SUMMER U From: Copiers<copiers@clubzona.org> Sent: Sunday, May 31, 2020 1:44 PM To:Angela Davis<Angela.Davis@clubzona.org> Subject: Message from "APACOPIER" This E-mail was sent from "APACOPIER" (MP C3004ex). Scan Date: 05.31.2020 13:44:22 (-0700) Queries to: copierskclubzona.org 3 Jillian Bright From: Rudy Esquivias Sent: Tuesday, June 9, 2020 10:40 AM To: Jillian Bright;Thomas Parker; 'Tina Gerola'; Rick Ochs; Dave Zellner Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: Boys &Girls Club Special Event Liquor License Jill: The Planning Division once again recommends approval of this long held, once-a-year event, as described, in accordance with the submitted site plan, and including security by the Mounted Rangers. Thanks. CA,U4 E.6QuiViCL6 Planning Manager/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Jillian Bright Sent: Monday, June 01, 2020 8:12 AM To: Thomas Parker; 'Tina Gerola'; Rick Ochs; Dave Zellner; Rudy Esquivias Cc: Jennifer Pena; Maureen Fredrickson Subject: Boys &Girls Club Special Event Liquor License Good Morning, The city clerk's office has received the attached special event liquor license application for the Boys & Girls Club annual Yesteryear fundraising event in October. Please conduct your inspections and submit your department recommendations to me by Tuesday, June 23rd in order for this item to be on the July 7th council meeting. Thank You, -,71 — , _, Deputy City Clerk City Clerk's Office 480.474.5061 �L i City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 �FFol�low Us On: I City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. From:Angela Davis<Angela.Davis@clubzona.org> Sent: Sunday, May 31, 2020 3:51 PM To:Jillian Bright<jbright@AJ City.Net> Subject: Fw: Message from "APACOPIER" Liquor license Good afternoon Jillian. I apologize for this not getting to you sooner, I was awaiting the map to accompany it. If I have missed anything, please let me know. Thank you, Angela Davis Branch Director Stevenson Branch - Mesa C: 480-343-9351 E: Angela.Davis@Clubzona.org A: 638 S. 96th Street , Mesa AZ , 85206 1 View map > Mailing Address: 2602 W. Baseline Rd #25, Mesa, AZ 85202 www.becaz.org :N"CI.,A GREAT FUTURES START HERE . BOYS & GIRLS CLUBS • • J J JJ.P O © O ® a Download my contact details 2 F N SUMMER U From: Copiers<copiers@clubzona.org> Sent: Sunday, May 31, 2020 1:44 PM To:Angela Davis<Angela.Davis@clubzona.org> Subject: Message from "APACOPIER" This E-mail was sent from "APACOPIER" (MP C3004ex). Scan Date: 05.31.2020 13:44:22 (-0700) Queries to: copierskclubzona.org 3 Jillian Bright From: Thomas Parker Sent: Monday,June 1, 2020 12:36 PM To: Jillian Bright; 'Tina Gerola'; Rick Ochs; Dave Zellner; Rudy Esquivias Cc: Jennifer Pena; Maureen Fredrickson Subject: RE: Boys &Girls Club Special Event Liquor License The police department has no objection on this request as long as all other legal requirements are met. Thomas E. Parker, MSSM Operations Lieutenant Apache Junction Police Department Physical: 1001 N.Idaho Rd. Mailing: 300 E. Superstition Blvd. Apache Junction,AZ 85119 Phone Direct#480-474-5420 Fax#(480)474-5480 Main Phone#480-982-8260 tparker(&aii city.net CONFIDENTIALITY NOTICE: This e-mail message,including any attachments,is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,use, disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply e- mail and destroy all copies of the original message.Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council.Members of the Council and other public bodies may reply to this message,but should not copy other members of the public body. Please consider the environment before printing this email. From:Jillian Bright Sent: Monday,June 01, 2020 8:12 AM To:Thomas Parker<tparker@ajcity.net>; 'Tina Gerola' <tina.gerola@sfmd.az.gov>; Rick Ochs<rick.ochs@sfmd.az.gov>; Dave Zellner<dzelIner@AJ City.Net>; Rudy Esquivias<resquivias@ajcity.net> Cc:Jennifer Pena <jpena@AJCity.Net>; Maureen Fredrickson <mfredrickson@AJCity.Net> Subject: Boys &Girls Club Special Event Liquor License Good Morning, i The city clerk's office has received the attached special event liquor license application for the Boys & Girls Club annual Yesteryear fundraising event in October. Please conduct your inspections and submit your department recommendations to me by Tuesday, June 23rd in order for this item to be on the July 7th council meeting. Thank You, Deputy City Clerk City Clerk's Office 480.474.5061 f' II City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 Follow Us On: � LTA City Hall Hours of Operation 7AM-6PM, Monday through Thursday, closed on Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. From:Angela Davis<Angela.Davis@clubzona.orR> Sent: Sunday, May 31, 2020 3:51 PM To:Jillian Bright<ibright@AJ City.Net> Subject: Fw: Message from "APACOPIER" Liquor license Good afternoon Jillian. I apologize for this not getting to you sooner, I was awaiting the map to accompany it. If I have missed anything, please let me know. Thank you, Angela Davis 2 Branch Director Stevenson Branch - Mesa C: 480-343-9351 E: Angela.Davis@Clubzona.org A: 638 S. 96th Street , Mesa AZ , 85206 1 View map > Mailing Address: 2602 W. Baseline Rd #25, Mesa, AZ 85202 www.bgcaz.org ARIZONA GREAT FUTURES START HERE . BOYSOF&THE VALLEY MS CLUBS . . ©©o®� Download my contact details S nU MER N From: Copiers<copiers@clubzona.org> Sent: Sunday, May 31, 2020 1:44 PM To:Angela Davis<Angela.Davis@clubzona.org> Subject: Message from "APACOPIER" This E-mail was sent from "APACOPIER" (MP C3004ex). Scan Date: 05.31.2020 13:44:22 (-0700) Queries to: copiers(? clubzona.org 3 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 15. �Piz oN* File ID: 20-297 Sponsor: Matt Busby Agenda Date: 7/7/2020 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, July 20, 2020. Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, July 21, 2020 in the city council conference room and city council chambers located at 300 E. Superstition Boulevard, Apache Junction, Arizona, respectively; and other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 6/16/2026