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HomeMy WebLinkAbout2020 07.23 HHSC AgendaHealth and Human Services Commission City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers 300 E. Superstition Blvd. Apache Junction, AZ 85119 apachejunctionaz.gov P: (480) 982-8002 City Council Chambers6:00 PMThursday, July 23, 2020 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.Approval of Agenda 20-302 Consideration of approval of agenda. Sponsors:Jennifer Pena 5.Approval of Minutes 20-303 Consideration of approval of regular meeting minutes of May 28, 2020. Sponsors:Jennifer Pena Meeting MinutesAttachments: 6.Public Hearings The following items are public hearings where members of the public are given the opportunity to speak. Once recognized by the Chairman, please come to the podium microphone and give your name and address. There is a five-minute time limit per speaker. 7.Old Business 8.New Business The Commission shall consider any business not yet considered. Arizona Open Meeting Law prohibits public comments at this time. 20-305 Acknowledgement of Shar Daniels' resignation from the commission. Sponsors:Jennifer Pena 20-306 Discussion on the commission appointment process. Sponsors:Jennifer Pena Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 July 23, 2020Health and Human Services Commission Agenda 20-307 Presentation and discussion on the funding allocations from council and dissemination of the administrative processes to recipients. Sponsors:Jennifer Pena Comparison Table AJ CDC Contract Boys and Girls Club Contract CAAFA Contract Genesis Project Contract Horizon Health and Wellness Contract Superstition Food Bank Contract Attachments: 20-308 Presentation and discussion on possible changes to Article 2-11 and Article 2-14 Health and Human Services Commission. Sponsors:Jennifer Pena Article 2-11 Article 2-14 Attachments: 9.Information and Reports The chair at this time may announce information regarding activities involving Health and Human Services matters, such as, but not limited to attendance of commission members at community meetings or events, seminars or conferences, or upcoming events or conferences. 10.Director's Report The Development Services Director, 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. 11.Selection of Meeting Dates, Times, Location and Purpose 20-304 Hold a regular meeting at 6:00 pm on Thursday, August 27, 2020 in the city council chambers located at 300 E. Superstition Boulevard. Sponsors:Jennifer Pena 12.Adjournment Copies of this agenda and additional information regarding any of the items listed above may be reviewed from 7:00 a.m. to 6:00 p.m., Monday through Thursday, except holidays, at the City Clerk's Office located at 300 East Superstition Boulevard in Apache Junction, Arizona, 85119, telephone number is (480) 982-8002. 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. Page 2 City of Apache Junction, Arizona Printed on 8/25/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-302 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Consideration of approval of agenda. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-303 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Consideration of approval of regular meeting minutes of May 28, 2020. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 Meeting location: City Council Chambers 300 E Superstition Blvd. Apache Junction, AZ 85119 www.ajcity.net P: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes Health and Human Services Commission 6:00 PM City Council ChambersThursday, May 28, 2020 Call to Order1. Chair Erickson called the meeting to order at 6:11 pm. Pledge of Allegiance2. Chair Erickson led the Pledge of Allegiance. Roll Call3. Commissioner Borey Chairperson Erickson Commissioner Gerstner Present 3 - Vice Chair DanielsAbsent1 - Staff present: Larry Kirch, Department Director Jennifer Pena, City Clerk Barbara Kelly, Senior Administrative Assistant Approval of Agenda4. 20-247 Consideration of approval of agenda. Commissioner Gerstner moved that the Health and Human Services Commission accept the agenda as presented. Commissioner Borey seconded the motion. Yes:Commissioner Borey, Chairperson Erickson and Commissioner Gerstner3 - No:0 Absent:Vice Chair Daniels1 - Approval of Minutes5. 20-248 Consideration of approval of regular meeting minutes of March 26, 2020. Commissioner Borey moved that the Health and Human Services Commission approve the minutes from the March 26, 2020 meeting. Commissioner Gerstner seconded the motion. Yes:Commissioner Borey, Chairperson Erickson and Commissioner Gerstner3 - No:0 Absent:Vice Chair Daniels1 - Page 1City of Apache Junction, Arizona May 28, 2020Health and Human Services Commission Meeting Minutes Public Hearings6. None. Old Business7. 20-249 Presentation, discussion and consideration of Fiscal Year 2020-2021 health and human services funding. Chair Erickson moved that the recommendations to the city council funding will be contingent upon the applicant's providing 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. For the recommendations, we move that the recommendations be in accordance to the document for 20-21 health and human services funding distribution from column J with the final recommendations for each agency and a contingent for column K recommendation. We'll first start with the recommendation for funding for each agency: for Apache Junction Community Development Corporation to provide $6,000.00, for Boys and Girls Club to provide $11,000.00; for Community Alliance Against Family Abuse to provide $11,700.00, for Empowerment Systems to provide $11,500.00, for Genesis Project to provide $10,500.00, Horizon Health and Wellness $9,500.00, and Superstition Food Bank $19,800.00 for a total of $80,000.00 for the 20-21 health and human services funding cycle. The contingency is in column K and that would be for the AJ Community Development Corporation $6,000.00, Boys and Girls Club $16,750.00, Community Alliance Against Family Abuse $17,450.00, Empowerment Systems $0.00, Genesis Project $10,500.00, and Horizon Health and Wellness $9,500.00, Superstition Food Bank $19,800.00 for a total of $80,000.00. And with the contingency and with J and K for Horizon Health and Wellness the request from the city council to consider carrying forward the $15,000.00 that was allocated to them from the fiscal year 20 not spent to be used for the training that was proposed. Commissioner Gerstner seconded the motion. Yes:Commissioner Borey, Chairperson Erickson and Commissioner Gerstner3 - No:0 Absent:Vice Chair Daniels1 - The commission and staff discussed the applicants' requested funding and how the requested funding will be utilized. 20-251 Presentation and discussion on possible changes to Article 2-11 Health and Human Services Commission and new application requirements and program for January 2021. The commission discussed possible changes to Article 2-11 Health and Human Services Commission and new application requirements and program for January 2021 program cycle. New Business8. None. Information and Reports9. None. Director's Report10. Director Kirch thanked staff for assistance during the transition after Heather Patel's departure Page 2City of Apache Junction, Arizona May 28, 2020Health and Human Services Commission Meeting Minutes and discussed the responsibility and changing roles of Development Services and the City Clerk's Office. Selection of Meeting Dates, Times, Location and Purpose11. 20-250 Hold a regular meeting at 6:00 pm on Thursday, June 25, 2020 in the city council chambers located at 300 E. Superstition Boulevard. Commissioner Borey moved that the Health and Human Services Commission hold a regular meeting on June 25, 2020 at 6:00 pm in the city council chambers located at 300 E. Superstition Boulevard. Commissioner Gerstner seconded the motion. Yes:Commissioner Borey, Chairperson Erickson and Commissioner Gerstner3 - No:0 Absent:Vice Chair Daniels1 - Adjournment12. Chair Erickson adjourned the meeting at 7:53 pm. ______________________ Mary Erickson Chairperson Page 3City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-305 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Acknowledgement of Shar Daniels' resignation from the commission. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-306 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Discussion on the commission appointment process. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-307 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Presentation and discussion on the funding allocations from council and dissemination of the administrative processes to recipients. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 HEALTH AND HUMAN SERVICES FUNDING COMPARISON TABLE A G E N C Y FY 2011- 12 FY 2012- 13 FY 2013- 14 FY 2014- 15 FY 2015- 16 FY 2016- 17 FY 2017- 18 FY 2018- 19 FY 2019- 20 FY 2020- 21 Superstition Community Food Bank 20,000 20,000 25,000 25,000 30,000 30,000 30,000 32,000 32,000 32,000 50,000 32,000 32,000 7,000 50,000 33,000 75,000 24,500 27,500 19,800 Boys and Girls Club of the East Valley 30,000 8,000 30,000 8,000 20,000 11,000 25,000 20,000 25,000 20,000 25,000 20,000 30,000 30,000 30,000 29,000 35,000 24,500 35,000 16,700 Community Alliance Against Family Abuse (CAAFA) 14,500 14,500 14,500 14,500 14,000 14,000 18,000 18,000 24,000 20,000 24,000 20,000 25,000 25,000 20,000 16,000 18,000 16,000 18,000 17,450 Horizon Health & W ellness 20,000 15,000 25,000 9,500 Genesis Project 12,000 10,500 AJ CDC 24,000 6,000 East Valley Adult Resources (for Apache Junction Senior Center 30,000 25,000 30,000 26,000 30,000 30,000 30,000 30,000 30,000 28,000 40,000 0 NA NA NA East Valley Adult Resources (for van transportation) NA NA 45,000 0 40,000 0 30,000 0 35,000 0 NA NA NA United Way NA NA NA NA NA 7,735 0 50,000 10,000 10,000 2,000 NA 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. 2 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 3 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 4 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. 5 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 Peña, 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 may be 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, 6 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 any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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 7 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 may be 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 8 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 9 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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 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. ___________________________ My Commission Expires: Notary Public 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: 11 Exhibit A 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) § 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 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. 2 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. 3 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. 4 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: 5 If to City: Jennifer Peña, 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 may be 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. 6 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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. 7 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 may be 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 8 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 9 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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 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. ___________________________ My Commission Expires: Notary Public 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: 11 Exhibit A 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) § 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 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. 2   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. 3   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. 4   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 5   requested, addressed to the following personnel: If to City: Jennifer Peña, 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 may be 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. 6   13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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. 7   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 may be 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 8   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 9   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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10   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. ___________________________ My Commission Expires: Notary Public 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: 11   Exhibit A 12   13   14   15   16   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) § 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 17   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) 18   Exhibit C 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. 2 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. 3 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. 4 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 5 requested, addressed to the following personnel: If to City: Jennifer Peña, 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 may be 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. 6 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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. 7 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 may be 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 8 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 9 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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 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. ___________________________ My Commission Expires: Notary Public 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: 11 Exhibit A 12 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) § 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 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 2 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. 3 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. 4 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: 5 If to City: Jennifer Peña, 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 may be 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. 6 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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. 7 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 may be 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 8 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 9 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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 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. ___________________________ My Commission Expires: Notary Public 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: 11 Exhibit A 12 13 14 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) § 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 15 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) 16 Exhibit C 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. 2 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 3 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: 4 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. 5 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 Peña, 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 may be 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 6 Provider. 13. WAIVER OF TERMS AND CONDITIONS: The failure of City to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 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 7 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 may be 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 8 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 9 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 PEÑA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 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. ___________________________ My Commission Expires: Notary Public 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: 11 Exhibit A 12 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) § 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 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-308 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Presentation and discussion on possible changes to Article 2-11 and Article 2-14 Health and Human Services Commission. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026 Apa che Junction, AZ Code of Ordinances ART ICLE 2-11: HEALT H AND HUM AN SERVICES COM MISSION Section 2-11-1 Creation 2-11-2 Mem bership and term s of offic e 2-11-3 Com pens ation and expens es 2-11-4 Offic ers 2-11-5 Duties 2-11-6 Meetings 2-11-7 Vac anc ies 2-11-8 Rem oval of mem bers § 2-11-1 CREAT ION. (A) The Health and Human Services Com mis s ion of the City of Apac he Junc tion, Ariz ona, is hereby c reated. (B) Staff res pons ibilities s hall be ass igned through the City Manager's office. (Prior Code, § 2-11-1) § 2-11-2 M EM BERSHIP AND T ERMS OF OFFICE. (A) The Health and Human Services Com mis s ion s hall c ons ist of 5 m embers who shall be appointed and approved by the Counc il. (B) (1) The appointm ents to this Comm ission shall be for terms of 3 years eac h, with the terms of members so staggered that the terms of no m ore than 3 mem bers shall expire in any given year. (2) Upon expiration of the term of offic e, all new appointm ents s hall be made by the Mayor and Counc il for full 3-year term s and all such term s shall expire on Oc tober 31, exc ept that in the event of death or res ignation of a m ember, the vacancy s hall be filled by appointment of the Mayor and Counc il for the unexpired term. (C) At least 3 of the 5 mem bers s hall be residents of the c ity, with no m ore than 2 being non-res idents from within the zone of influenc e. (D) No individual s hall be appointed to the Com m is s ion if the individual has received funding from the city either as an individual, or if such person has served on the board of any agenc y or been the employee of any agenc y that has rec eived funding from the c ity at any time during the prec eding 12 m onths . (E) No former mem ber of the Health and Human Servic es Comm ission shall make application to the c ity for funding as an individual or as the em ployee or representative of any agenc y within 12 months after they have c eas ed to be a mem ber of the Comm ission. (Prior Code, § 2-11-2) (Am . Ord. 1328, pas s ed 10-27-2008) § 2-11-3 COM PENSAT ION AND EXPENSES. The m em bers of the Health and Hum an Servic es Comm ission shall receive no salaries or other rem uneration for their services as m embers of the Com mis s ion and shall not be entitled to pers onal expens es inc urred by them in the dis c harge of their offic ial duties , exc ept to the extent, purposes and amount such expens e is firs t authorized and approved in advance by the Council. (Prior Code, § 2-11-3) § 2-11-4 O FFICERS. The Comm ission shall elec t a Chairpers on and Vice Chairpers on from among its m em bers to s erve for a period of 1 year. The Vic e Chairpers on s hall pres ide at Com m is s ion m eetings in the abs enc e of the Chairpers on. (Prior Code, § 2-11-4) § 2-11-5 DUT IES. The Health and Human Services Com mis s ion is hereby c harged with the following duties: (A) To conduct public hearings to determ ine the needs of c ity residents with regard to public health needs, provision of hum an services and care of the elderly, handicapped and developmentally disabled; (B) To enhance the developm ent of the public health through public forum s , s eminars and work with other agencies ; (C) To review reques ts s ubm itted by health and hum an service providers (non-profit agenc ies ) for c ity funding and to m ake rec om mendations to the Council regarding that funding; (D) To as s is t in the developm ent of health care fac ilities ; and (E) To m ake recom mendations to the Council regarding elderly health c are and emergency trans portation programs. (Prior Code, § 2-11-5) § 2-11-6 M EET INGS. (A) The Comm ission shall es tablis h a regular m eeting date whic h s hall be plac ed on file in the offic e of the City Clerk. (B) Spec ial m eetings m ay be c alled by the Chairpers on. (C) A quorum shall c ons is t of 3 mem bers for the trans ac tion of all bus iness. (Prior Code, § 2-11-6) § 2-11-7 VACANCIES. Vac anc ies s hall be filled in ac c ordance with the provis ions of Vol. I, § 2-11-2 for the unexpired term of the m em ber affected. (Prior Code, § 2-11-7) § 2-11-8 REMOVAL OF M EMBERS. (A) Mem bers of the Com m is s ion s erve at the pleasure of the Counc il and may be rem oved from offic e by the majority of the Counc il. (B) A m em ber of the Com m is s ion s hall not be abs ent from m ore than 3 consecutive meetings. (C) If such an absence oc c urs , the rem aining m em bers of the Com mis s ion s hall vote to retain or rec ommend to the Counc il that the absentee mem ber be relieved of his or her duties on the Com mis s ion. (Prior Code, § 2-11-8) ART ICLE 2-14: REQUEST S FOR FINANCIAL ASSIST ANCE Section 2-14-1 Requests for non-profit funding 2-14-2 Requests for financ ial as s istanc e § 2-14-1 REQUEST S FOR NON-PROFIT FUNDING. (A) Required doc umentation. Any non-profit agenc y subm itting a reques t for an alloc ation or grant of c ity funds shall subm it to the city s pec ific docum entation including, but not lim ited to, the following: A c opy of the agency's m os t rec ent audit report; a c ertified c opy of the agency's m os t recent financial s tatement; detailed expenditure s tatements in order to provide a detailed ac c ounting of all funds previous ly received from the city; com plete information on the sourc e and am ount of funding rec eived from all other s ourc es such as non-governmental agenc ies , m embers hip fees and dues , and private contributions ; c lient service inform ation as it applies to residents of the c ity; proof of non-profit s tatus as determined by the Internal Revenue Servic e; proof of c orporate status to include c opies of by-laws and artic les of incorporation; the sourc e and am ount of funding rec eived from other governm ental agencies ; the names and addres s es of c urrent board m embers; and any other doc umentation as m ay be deemed nec es s ary by the city. (B) Reporting requirem ents . Any non-profit agency receiving an alloc ation or grant of city funds s hall be required to subm it to the city, on a quarterly bas is, a detailed accounting of the expenditure of c ity funds for the previous quarter, a written report outlining the agenc y's perform anc e and ac c om plishments within the scope of work outlined in their contractual agreement with the c ity, and any other docum entation as may be deem ed necessary by the c ity in order to determ ine the agenc y's c ompliance with the provisions of the contrac t. (C) Contract required; proc edure for dis tribution of funds . (1) All city funds alloc ated or granted to any non-profit agency shall be by means of a written contrac t bas ed upon services to be provided to or work to be performed on behalf of the c ity and its res idents in c om pliance with the provis ions of Arizona Revis ed Statutes regarding the us e of public funds. (2) All city funds alloc ated or granted under the provis ions of this s ec tion shall be released in equal quarterly ins tallments or quarterly paym ents bas ed upon a schedule of anticipated expens es whic h has been approved by the Mayor and Counc il. No s ubs equent quarterly allocation or grant shall be released until s uc h tim e that the receiving agenc y has provided all of the required doc umentation for the previous quarter and has provided satisfac tory evidenc e of com plianc e with the s c ope of work s tipulated in their contract with the city. (D) Subm ittal of reques ts for funding. All funding requests submitted by non-profit agenc ies for the allocation or grant of city funds s hall be subm itted to the City Clerk's office during the m onth of January of eac h year. Reques ts s o subm itted shall not be s ubject to city funding unles s approved by the Council and only following adoption of a final budget for the subsequent fiscal year. (Ord. 659, pas s ed 11-3-1998) § 2-14-2 REQUEST S FOR FINANCIAL ASSIST ANCE. All reques ts for financial as s is tanc e shall com ply with the following stipulations and c onditions : (A) All reques ts s hall be filed by or on behalf of a valid, non-profit organization as qualified by the Internal Revenue Service and as regis tered with the Ariz ona Secretary of State, Arizona Corporation Com mis s ion or other appropriate state offic e. The registration s hall be c urrent and doc umentation of such s tatus and regis tration shall be provided at the time of the reques t. This artic le s hall not apply to governmental or quas i-governm ental juris dictions; (B) All reques ts s hall be s ubmitted to the City Clerk during the m onth of January of eac h year in order to be eligible for consideration in c onjunc tion with the subsequent fiscal year budget; (C) All reques ts rec eived in accordanc e with divis ion (B) above shall be referred to the appropriate c ity board or com mis s ion for purposes of review and rec omm endation to the Counc il; and (D) In those instanc es where a reques t is due to catas trophic circum s tances or when the public health, safety and welfare is at ris k, the requirem ents of this artic le may be waived by ac tion of the Counc il. It is preferable, however, even in such instanc es , for the reques t to rec eive a review and rec om mendation from the appropriate c ity board or comm ission. (Prior Code, Art. 2-14) Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 20-304 Agenda Item No. Agenda Date: 7/23/2020 Sponsor: Jennifer Pena In Control: Health and Human Services CommisIndex: Hold a regular meeting at 6:00 pm on Thursday, August 27, 2020 in the city council chambers located at 300 E. Superstition Boulevard. Page 1 City of Apache Junction, Arizona Printed on 8/25/2026