HomeMy WebLinkAbout2020 12.17 HHSC Agenda City of Apache Junction, Arizona Meeting location:
City Council Chambers
1v 'Zf 300 E.Superstition Blvd.
Agenda Apache Junction,AZ
\RiZONr 85119
Health and Human Services
apachejunctionaz.gov
Commission P:(480)982-8002
Thursday, December 17,2020 6:00 PM City Council Chambers
A. Call to Order
B. Pledge of Allegiance
C. Roll Call
D. Approval of Agenda
1. 20-631 Consideration of approval of agenda.
Sponsors: Jennifer Pena
E. Approval of Minutes
2. 20-632 Consideration of approval of regular meeting minutes of November 19,
2020.
Sponsors: Jennifer Pena
Attachments: Minutes
F. 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.
G. Old Business
3. 20-627 Election of Chair and Vice Chair.
Sponsors: Jennifer Pena
Attachments: instructions for election of chair&vice chair
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
Health and Human Services Agenda December 17,2020
Commission
4. 20-628 Discussion and possible direction to staff regarding possible
amendments to the Apache Junction City Code Volume 1, Chapter 2,
Mayor, Council and Appointed Boards and Commissions, Article 2-14:
Financial Assistance, as it relates to the requirements set forth by
Ordinance 659.
Sponsors: Jennifer Pena
Attachments: Article 2-11
Article 2-14 Requests for Financial Assistance
Ordinance No. 659-HHSC filing requirements
Audit goals
Review vs audit
5. 20-629 Presentation, discussion and possible update on selection of a
scheduled Health & Human Services Commission meeting day and
time.
Sponsors: Jennifer Pena
Attachments: Meeting Schedule
H. New Business
The Commission shall consider any business not yet considered.Arizona Open Meeting Law prohibits
public comments at this time.
6. 20-662 Presentation, discussion and possible consideration of proposed
changes to the FY 2020-2021 agreement.
Sponsors: Jennifer Pena
Attachments: Agreement-proposed changes
Funding Comparison Table
I. 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.
J. Staff Liaison's Report
The City Clerk, 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.
K. Selection of Meeting Dates, Times, Location and Purpose
7. 20-630 Schedule next commission meeting in the city council chambers
located at 300 E. Superstition Boulevard.
Sponsors: Jennifer Pena
City of Apache Junction,Arizona Page 2 Printed on 8/25/2026
Health and Human Services Agenda December 17,2020
Commission
L. 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.
City of Apache Junction,Arizona Page 3 Printed on 8/25/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 1.
PizoNr File ID: 20-631
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Consideration of approval of agenda.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.2.
PizoNr File ID: 20-632
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Consideration of approval of regular meeting minutes of November 19, 2020.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
City of Apache Junction, Arizona Meeting location:
01 City Council Chambers
`= 300 E Superstition Blvd.
;- Meeting Minutes
Apache Junction,AZ
+Q120N* Health and Human Services 85119
Commission www.ajcity.net
P: (480)982-8002
Thursday, November 19,2020 6:00 PM City Council Chambers
A. Call to Order
Chair Erickson called the meeting to order at 6:05pm.
B. Pledge of Allegiance
Chair Erickson led the meeting attendees in the Pledge of Allegiance.
C. Roll Call
Present 4- Commissioner Mitchell
Commissioner Borey
Commissioner Kinner
Chairperson Erickson
Excused 1 - Commissioner Gerstner
Staff in Attendance:
Jennifer Pena, City Clerk
Jill Bright, Deputy City Clerk
Joel Stern, City Attorney
D. Approval of Agenda
1. 20-526 Consideration of approval of agenda.
Commissioner Borey moved,seconded by Commissioner Mitchell that the agenda be approved as
presented.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
No: 0
Excused: 1 - Commissioner Gerstner
E. Approval of Minutes
2. 20-527 Consideration of approval of regular meeting minutes of July 23, 2020.
Commissioner Borey moved,seconded by Commissioner Kinner that the regular meeting minutes
of July 23,2020 be approved.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
City of Apache Junction,Arizona Pagel
Health and Human Services Meeting Minutes November 19,2020
Commission
No: 0
Excused: 1 - Commissioner Gerstner
F. Public Hearings
G. Old Business
H. New Business
3. 20-626 Election of Chair and Vice Chair.
Commissioner Erickson moved,seconded by Commissioner Borey that this item be continued to
the next scheduled commission meeting when all commissioners will be present.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
No: 0
Excused: 1 - Commissioner Gerstner
City Clerk Jennifer Pena explained that the commission can continue this item if they would like
to wait until all commissioners are present.
4. 20-529 Presentation and discussion on code of conduct, conflicts of interest, open
meeting law, public record law and parliamentary procedures by City Attorney
Joel Stern.
City Attorney Joel Stern presented on code of conduct, conflicts of interest, open meeting law,
public record law and parliamentary procedures in which all commission members should
follow.
5. 20-625 Discussion and possible direction to staff regarding possible amendments to
the Apache Junction City Code Volume 1, Chapter 2, Mayor, Council and
Appointed Boards and Commissions, Article 2-14: Financial Assistance, as it
relates to the requirements set forth by Ordinance 659.
Commissioner Borey moved,seconded by Commissioner Kinner to direct staff to continue this
item to the next scheduled commission meeting when all commissioners will be present.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
No: 0
Excused: 1 - Commissioner Gerstner
City Clerk Jennifer Pena explained that the previous commission and non profits had an issue
with what is considered an audited report and the previous commission asked that the city code
be reviewed and a recommendation be made to city council on how to proceed with the word
audit. Ms. Pena presented the definition of an audit and that it is currently required by Ordinance
659. She explained that a CPA audit can be very expensive and not financially feasible for many
of the local small non profits. Ms. Pena explained that the commission can take the information
given and research it more and come back to a future commission meeting with a
recommendation or make a recommendation now.
City of Apache Junction,Arizona Page 2
Health and Human Services Meeting Minutes November 19,2020
Commission
The commission discussed how different sized non profits perform audits and the timeline of
presenting an amendment to council.
6. 20-534 Discussion and possible update on selection of a scheduled Health & Human
Services Commission meeting day and time.
Commissioner Erickson moved,seconded by Commissioner Borey to continue this item to the
next scheduled commission meeting when all commissioners will be present.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
No: 0
Excused: 1 - Commissioner Gerstner
City Clerk Jennifer Pena explained that with a new commission it is customary to reset the
meeting day and time.
I. Information and Reports
Chairperson Erickson reported that COVID is rising and reminded the community to follow CDC
guidelines.
J. Staff Liaison's Report
City Clerk Jennifer Pena reported that staff will be sending out information to the commission
relating to non profit information before the next commission meeting.
K. Selection of Meeting Dates, Times, Location and Purpose
7. 20-528 Schedule next commission meeting in the city council chambers located at
300 E. Superstition Boulevard.
Commissioner Erickson moved,seconded by Commissioner Mitchell that the commission hold the
next regular meeting on December 17,2020 at 6:OOpm in the city council chambers located at 300
E.Superstition Boulevard.
Yes: 4- Commissioner Mitchell, Commissioner Borey, Commissioner Kinner and
Chairperson Erickson
No: 0
Excused: 1 - Commissioner Gerstner
L. Adjournment
Chair Erickson adjourned the meeting at 7:14pm.
Mary Erickson
Chairperson
City of Apache Junction,Arizona Page 3
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 3.
PizoNr File ID: 20-627
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Election of Chair and Vice Chair.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
Motion for the election of chair and vice chair
Election of chairperson and vice chairperson.
Selection of chairperson
1. Chairperson calls for a motion to open nominations.
2. Commission member:
I move that we open the nominations for the chairperson.
3. Chairperson calls for a second.
4. Different commission member:
I second the motion or say second.
5. Chairperson calls for a roll call.
6. Staff member does roll call vote and announces outcome of vote.
7. Chairperson calls for nominations for chairperson.
8. Commission member:
I nominate for chairperson.
9. Chairperson calls for nomination and allows response.
10. Chairperson calls for nomination and allows response.
11. Chairperson calls for nomination and allows response.
12. Chairperson asks for motion to close nominations.
13. Commission member:
I move thatthe nominations for chairperson be closed.
14. Chairperson calls for a second.
15. Different commission member:
I second the motion or say second.
16. Chairperson calls for roll call vote on the motion to close
nominations.
17. Staff member does roll call vote and announces outcome of vote.
1
18. Chairperson calls for motion to approve first person nominated for
chairperson. If majority prevails, no more names are voted on. If no
majority, repeat roll call with second person nominated and
continue until chairperson is selected.
19. Commission member:
I move that be approved for chairperson.
20. Chairperson calls for a second.
21. Different commission member:
I second the motion or say second.
22. Chairperson calls for roll call vote.
23. Staff member does roll call vote and announces outcome of vote.
24. Chairperson gives gavel to newly elected chairperson.
Selection of vice chairperson
1. Chairperson calls for a motion to open nominations for vice
chairperson.
2. Commission member:
I move thatwe open the nominations forthe vice chairperson.
3. Chairperson calls for a second.
4. Different commission member:
I second the motion or say second.
5. Chairperson calls for a roll call vote.
6. Staff member does roll call vote and announces outcome of vote.
7. Chairperson calls for nominations.
8. Commission member:
I nominate for vice chairperson.
9. Chairperson calls for nominations and allows response.
10. Chairperson calls for nominations and allows response.
11. Chairperson calls for nominations and allows response.
2
12. Chairperson asks for motion to close nominations.
13. Commission member:
I move that the nominations for vice chair chairperson be closed.
14. Chairperson calls for a second.
15. Different commission member:
I second the motion or say second.
16. Chairperson calls for a roll call vote.
17. Staff member does roll call vote and announces outcome of vote.
18. Chair calls for motion to approve first person nominated for vice
chairperson. If majority prevails, no more names are voted on. If no
majority, repeat roll call with second person nominated and
continue until vice chairperson is selected.
19. Commission member:
I move that be approved for vice chairperson.
20. Chairperson calls for a second.
21. Different commission member:
I second the motion or say second.
22. Chairperson calls for roll call vote.
23. Staff member does roll call vote and announces outcome of vote.
3
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.4.
PizoNr File ID: 20-628
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Discussion and possible direction to staff regarding possible amendments to the Apache
Junction City Code Volume 1, Chapter 2, Mayor, Council and Appointed Boards and
Commissions, Article 2-14: Financial Assistance, as it relates to the requirements set forth by
Ordinance 659.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
ARTICLE 2-11: HEALTH AND HUMAN SERVICES COMMISSION
Section
2-11-1 Creation
2-11-2 Membership and terms of office
2-11-3 Compensation and expenses
2-11-4 Officers
2-11-5 Duties
2-11-6 Meetings
2-11-7 Vacancies
2-11-8 Removal of members
§2-11-1 CREATION.
(A) The Health and Human Services Commission of the City of Apache Junction, Arizona, is hereby created.
(B) Staff responsibilities shall be assigned through the City Manager's office.
(Prior Code, §2-11-1)
§2-11-2 MEMBERSHIP AND TERMS OF OFFICE.
(A) The Health and Human Services Commission shall consist of 5 members who shall be appointed and approved by
the Council.
(B) (1) The appointments to this Commission shall be for terms of 3 years each, with the terms of members so
staggered that the terms of no more than 3 members shall expire in any given year.
(2) Upon expiration of the term of office, all new appointments shall be made by the Mayor and Council for full 3-year
terms and all such terms shall expire on October 31, except that in the event of death or resignation of a member, the
vacancy shall be filled by appointment of the Mayor and Council for the unexpired term.
(C) At least 3 of the 5 members shall be residents of the city, with no more than 2 being non-residents from within the
zone of influence.
(D) No individual shall be appointed to the Commission if the individual has received funding from the city either as an
individual, or if such person has served on the board of any agency or been the employee of any agency that has received
funding from the city at any time during the preceding 12 months.
(E) No former member of the Health and Human Services Commission shall make application to the city for funding as
an individual or as the employee or representative of any agency within 12 months after they have ceased to be a member
of the Commission.
(Prior Code, §2-11-2) (Am. Ord. 1328, passed 10-27-2008)
§2-11-3 COMPENSATION AND EXPENSES.
The members of the Health and Human Services Commission shall receive no salaries or other remuneration for their
services as members of the Commission and shall not be entitled to personal expenses incurred by them in the discharge of
their official duties, except to the extent, purposes and amount such expense is first authorized and approved in advance by
the Council.
(Prior Code, §2-11-3)
§2-11-4 OFFICERS.
The Commission shall elect a Chairperson and Vice Chairperson from among its members to serve for a period of 1 year.
The Vice Chairperson shall preside at Commission meetings in the absence of the Chairperson.
(Prior Code, §2-11-4)
§2-11-5 DUTIES.
The Health and Human Services Commission is hereby charged with the following duties:
(A) To conduct public hearings to determine the needs of city residents with regard to public health needs, provision of
human services and care of the elderly, handicapped and developmentally disabled;
(B) To enhance the development of the public health through public forums, seminars and work with other agencies;
(C) To review requests submitted by health and human service providers (non-profit agencies)for city funding and to
make recommendations to the Council regarding that funding;
(D) To assist in the development of health care facilities; and
(E) To make recommendations to the Council regarding elderly health care and emergency transportation programs.
(Prior Code, §2-11-5)
§2-11-6 MEETINGS.
(A) The Commission shall establish a regular meeting date which shall be placed on file in the office of the City Clerk.
(B) Special meetings may be called by the Chairperson.
(C) A quorum shall consist of 3 members for the transaction of all business.
(Prior Code, §2-11-6)
§2-11-7 VACANCIES.
Vacancies shall be filled in accordance with the provisions of Vol. I, §2-11-2 for the unexpired term of the member
affected.
(Prior Code, §2-11-7)
§2-11-8 REMOVAL OF MEMBERS.
(A) Members of the Commission serve at the pleasure of the Council and may be removed from office by the majority of
the Council.
(B) A member of the Commission shall not be absent from more than 3 consecutive meetings.
(C) If such an absence occurs, the remaining members of the Commission shall vote to retain or recommend to the
Council that the absentee member be relieved of his or her duties on the Commission.
(Prior Code, §2-11-8)
ARTICLE 2-14: REQUESTS FOR FINANCIAL ASSISTANCE
Section
2-14-1 Requests for non-profit funding
2-14-2 Requests for financial assistance
§2-14-1 REQUESTS FOR NON-PROFIT FUNDING.
(A) Required documentation. Any non-profit agency submitting a request for an allocation or grant of city funds shall
submit to the city specific documentation including, but not limited to, the following: A copy of the agency's most recent
audit report; a certified copy of the agency's most recent financial statement; detailed expenditure statements in order to
provide a detailed accounting of all funds previously received from the city; complete information on the source and amount
of funding received from all other sources such as non-governmental agencies, membership fees and dues, and private
contributions; client service information as it applies to residents of the city; proof of non-profit status as determined by the
Internal Revenue Service; proof of corporate status to include copies of by-laws and articles of incorporation; the source and
amount of 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 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)
ORDINANCE NO. 659
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, REPEALING CITY ORDINANCE NO. 631
AND ADOPTING ORDINANCE NO. 659 IN LIEU THEREOF, ADOPTING
AND ENACTING REPORTING REQUIREMENTS, REQUIRED DOCUMENTATION,
AND PROCEDURES FOR NON-PROFIT AGENCIES RECEIVING CITY FUNDS;
REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That Ordinance No. 631 be repealed and that Ordinance No. 659
be adopted in lieu thereof to read as follows:
1 . REQUIRED DOCUMENTATION:
Any non-profit agency submitting a request for an allocation or
grant of city funds shall submit to the city specific documenta-
tion 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 of Apache Junction; complete information
on the source and amount of funding received from all other sources
such an non-governmental agencies, membership fees and dues, and
private contributions; client service information as it applies
to residents of the City of Apache Junction; 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.
2. 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 contractural agreement with the City of
Apache Junction, and any other documentation as mey be deemed
necessary by the city in order to determine the agency's com-
pliance with the provisions of the contract.
ORDINANCE NO. 659
PAGE ONE OF THREE
3. CONTRACT REQUIRED; PROCEDURE FOR DISTRIBUTION OF FUNDS
A. 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 of Apache Junction and its residents in compliance with
the provisions of Arizona Revised Statutes regarding the
use of public funds.
B. All city funds allocated or granted under the provisions of
this ordinance shall be released in equal quarterly install-
ments or quarterly payments based upon a schedule of
anticipated expenses which has been approved by the Mayor
and City 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.
4. 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 City Council and only following adoption
of a final budget for the subsequent fiscal year.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance or any part of the code adopted herein by reference are
hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of the code adopted herein by reference is, for any
reason, held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
SECTION IV DECLARING AN EMERGENCY
It being necessary for the preservation of the peace, health and safety
of the City of Apache Junction, Arizona, that this ordinance become effec-
tive immediately, an emergency is declared to exist and this ordinance
shall be effective immediately upon its passage and adoption.
ORDINANCE NO. 659
PAGE TWO OF THREE
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, THIS 1ST DAY OF NOVEMBER , 1988.
SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER 1988.
NORMAN S. HILL
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c- N, 0
DAV, D ALEXAn7
City Attorney
ORDINANCE NO. 659
PAGE THREE OF THREE
A financial audit is an objective examination and evaluation of the financial
statements of an organization to make sure that the financial records are a fair and
accurate representation of the transactions they claim to represent.
A financial auditor reviews a company's financial statements, documents, data and
accounting entries. Financial auditors gather information from a
company's financial reporting systems, account balances, cash flow statements,
income statements, balance sheets, tax returns and internal control systems.
The fundamental purpose of the audit is to provide independent assurance that
management has, in its financial statements, presented a "true and fair" view of a
company's financial performance and position.
THE PURPOSE of the financial statement audit is to verify if the organization has
followed Generally Accepted Accounting Principles (GAAP) standards while
reporting the financial information. In the United States, Certified Public
Accountants (CPA) are legally eligible to conduct the auditing and provide opinion on
financial statements. The following are the six phases involved in the financial
statement audit.
What is the difference between audited and unaudited financial statements?
Audited financial statements have been reviewed by an outside accountant who
confirms the information is accurate. That gives lenders and investors confidence you're
not fudging the facts to make your company look more profitable than it is.
With unaudited accounts, they don't have that guarantee.
Audit report contents
Here is a list of things that should be included in the content of an audit report.
• The name of the organization, department, process or function being audited
• The address of the site audited (for external audits)
• The date and duration of the audit
• The reason for performing the audit
• The standard that was used during the audit
• The name of the key contact for the audit (the host) and their contact details
• The names of the auditors
• The people at the opening meeting
• The people at the closing meeting
• A statement of confidentially
• The audit program or agenda
• If there were any obstacles encountered
• An overview of all areas seen during the audit, including what happens in these
areas
• Any non-conformities and observations that were raised
• Any specific areas that were not looked at
• A description of the meaning of any grading of any non-conformities (for example
Major or Minor)
• The conclusions as a result of performing the audit
• Instructions of what you want the organization or department to do on receipt of
the report. This is likely to be that they need to respond to any non-conformities
raised and that you need to see evidence that effective corrective action has
been taken.
• A list of people who need to be sent the report
Review vs audit — what you need to know
By AccruMelb /January 31,2017
Some of our smaller clients can feel that an
audit is a little excessive for their needs, but
that they have no option but to have one.
When we suggest having a review instead, we
often get asked about the difference between
an audit and a review. Here's a quick
explanation.
ValkThere is definitely value in doing a full audit, as
it is not just about compliance. However for
certain smaller entities, a review can reduce the cost and time involved in an audit and
provide the appropriate level of assurance.
So what is the difference?
A review provides limited assurance rather than a reasonable amount of assurance, so
in simple terms, a review reports on the plausibility of the financial statements.
An audit is the examination of the financial reports for an entity in order to determine
whether the information presented reflects the financial position of the entity at a given
date. An audit aims to identify material misstatements in the financial statements and
includes, but is not limited to, misstatements resulting from fraud where reasonable
suspicion exists. An audit provides a reasonable level of assurance in the form of a
positive statement such as presents fairly' or presents a true and fair view'. An audit
does not give absolute assurance (as this would require testing every transaction which
is impractical) but is the highest level of assurance provided by auditors. It involves
detailed testing such as substantiating balances and evidence gathering.
A review on the other hand provides only limited assurance. The opinion given would
be in a form such as 'we have not become aware of any matter that the statements are
not in accordance with the required framework. A review involves less detail than an
audit and involves more enquiry of management/staff and analytical review work rather
than substantiating balances. A review does not need to be carried out by a registered
company auditor but their greater experience in this area typically means better value is
delivered from the review.
Assurance 1 ature of Exampleof Positives Negatives
At= conclusion
Audit Reasonable Detailed "the financial Higher level of - Can cost more
assurance testing and statements assurance - Takes more time
substantiating present true Higher level of - Requires a
of balances and fair view". examination registered
company auditor
Review Limited Enquiries and " We have not Generally - Lower level of
assurance analysis, less become aware cheaper than assurance
detailed of any matter to an audit - Less likely to pick
cause us Doesn't up financial
to believe the require a reporting issues
financial Registered - Lower level of
statements coo company examination
not present auditor
a true and fair
view".
Who is required to have an audit or a review?
Under the Charities and Not-for-profit Commission Act 2012 and the Corporations Act
2001, companies limited by guarantee with revenue between $250k and $1m can opt
for a review rather than an audit. Those that have under $250k in revenue are not
legally required to have a review or an audit.
Associations
Associations in Australia are bound by individual state laws so it is important to know
which legislation an Association is reporting under. In Victoria under the Associations
incorporation Reform Act 2012, associations follow the same tiers as that for the
companies limited by guarantee, therefore if a Victorian association has under $1m in
revenue they can opt for a review. In NSW, associations that have over $250k or more
than $500k in current assets are required to have an audit completed.
It should also be noted that many constitutions have clauses that determine if an audit
is to be conducted so this should also be reviewed before opting for a review.
Before deciding on a review, it is important to discuss what your organization wants to
get out of the exercise. Is it pure compliance with legislation or are you looking for
further oversight and assurance on the financial statements?
By Hazel Masters, Accru Melbourne.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 5.
PizoNr File ID: 20-629
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Presentation, discussion and possible update on selection of a scheduled Health & Human
Services Commission meeting day and time.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
DO NOT REMOVE THIS NOTICE
NOTICE OF REGULAR MEETINGS OF THE CITY OFAPACHE JUNCTION CITY COUNCIL,AND ITS BOARDS AND COMMISSIONS
PURSUANT TO ARIZONA REVISED STATUTES �38-431.02 NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC THAT THE CITY OFAPACHE JUNCTION CITY COUNCIL AND ITS BOARDS
AND COMMISSIONS WILL HOLD THEIR REGULAR MEETINGS AT THE FOLLOWING LOCATIONS, DAYS,AND TIMES:
MEMBERS OFANY OFTHE PUBLIC BODIES LISTED BELOW WILL ATTEND EITHER IN PERSON OR BYTELEPHONE,VIDEO OR INTERNET CONFERENCING.
FOR MORE INFORMATION, PLEASE CONTACT THE CITY CLERK DEPARTMENT AT (480) 982-8002, option 5.
ORGANIZATION MEETING DAY MEETING LOCATION AGENDAS AVAILABLE AT
TIME
City Council Chambers City Clerk Department
CITY COUNCIL WORK SESSION Day before Reg. Mtg. 7:00 p.m. 300 E. Superstition Blvd.
300 E. Superstition Blvd. A ache Junction, AZ 85119
CITY COUNCIL REGULAR MEETING 1st and 3rd Tuesdays 7:00 p.m. Apache Junction, AZ p
www.ajcity.net
City Council Chambers Development Services Dept.
PLANNING &ZONING COMMISSION 2nd and 4th Tuesdays 7:00 p.m. 300 E. Superstition Blvd. 300 E. Superstition Blvd.
Apache Junction, AZ 85119
Apache Junction, AZ www.ajcity.net
City Council Chambers City Clerk's Office
HEALTH & HUMAN SERVICES COMMISSION 4th Thursday 6:00 p.m. 300 E. Superstition Blvd. 300 E. Superstition Blvd.
Apache Junction, AZ 85119
Apache Junction, AZ www.ajcity.net
City Council Chambers Parks and Recreation Dept.
PARKS AND RECREATION COMMISSION 1st Wednesday 6:00 p.m. 300 E. Superstition Blvd. 1035 N. Idaho Road
Apache Junction, AZ 85119
Apache Junction, AZ www.ajcity.net
City Council Chambers Public Library
LIBRARY BOARD OF TRUSTEES 2nd Thursday 6:30 p.m. 300 E. Superstition Blvd. 1177 N. Idaho Rd.
Apache Junction, AZ 85119
Apache Junction, AZ www.ajcity.net
City Council Chambers Development Services Dept.
300 E. Superstition Blvd.
300 E. Superstition Blvd.
PUBLIC ART COMMISSION 2nd Monday 5:30 p.m. p Apache Junction, AZ 85119
Apache Junction, AZ www.ajcity.net
MEETING DATES MAYBE ADJUSTED AND CANCELLED DUE TO CONFLICTS WITH LEGALHOLIDAYS.
THIS NOTICE IS EFFECTIVE JANUARY 1,2021 THROUGH DECEMBER 31, 2021.
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No.6.
PizoNr File ID: 20-662
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Presentation, discussion and possible consideration of proposed changes to the FY 2020-2021
agreement.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026
AGREEMENT BETWEEN CITY OF APACHE JUNCTION
AND
FOR HEALTH AND HUMAN SERVICES FOR
FISCAL YEAR 2020-2021
THIS AGREEMENT is made and entered into this day of ,
by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal
corporation ("City"), and , 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 , 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("SOW") pursuant to
this agreement.
G. Pursuant to A.J.C.C., Vol. I, Chapter 2: Mayor, Council and Appointed Boards
and Commissions, Article 2-14: Requests for Financial Assistance, § 2-14-1,
Requests for Non-Profit Funding, subsection (B), the Services Provider must
submit on a quarterly basis a detailed accounting of the performance and
accomplishments within the SOW.
AGREEMENT
NOW, THEREFORE, in consideration of payment of public funds in exchange
for health and human services to qualified recipients, both Parties agree to the
terms and conditions set forth below as well as the Recitals set forth above:
1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform
the following WS in connection with the Program:
A. Provide to city residents INSERT DETAILED SCOPE OF WORK.
B. Provide such programs and activities to oneresidents of the City and-
only as doGurnented by Servires
Provider.
C. Require ,. rn nt
ation of City res*denry On the form of a valid State of
A-1T acvn-;i d-1riv P—r's tren ialirl Cta to�Tzon-a n ppe ra to
Gurrent> utility bill, address;an
Gurrent rent
reGeipt showing an in_n111 add ress; State n-f A T7-n-n-R valid voter
f
must be approved an ad-V-AnGe by the ApaGhe jURG C
Clerk (hereafter the "City
t ff
). Type of dOGurnentation aGGepted shall
he ini.l--ded on all quarterly reports filed %eiith the City Clerk as inrJip�ted
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 A, and all other
applicable city ordinances; submit contract proposal for fiscal year
2020- 2021 to City on or before January 30, 2020.
E. Cile AAiith Gity all dosurnentation for the previous ire-arter no later than ten
(10) City working days following the end of the quarter. City OffiGes are
open Monday through ThUFSday 7,00 a.m. to 6:00 p.m. City OffiGes are
Glosed Fridays, weekends and legal holidays. City funded serviGes to
individ .�Is sh-Rll he identified with nomplete nit y strop+ residenti.�l
addresses %eiith the City street naming map as GUrrently adopted or as
may be amended or through City geographir. information systern u a
at https://gis.aicity.net/portal/home/.
POSt OffiGe box addresses nor business addresses shall not meet the
reporting ee u. enfs of this seGtion.
File with City all documentation for the previous quarter no later than ten
(10) City working days (by the 15th day) 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
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
F. ,
utility-
maintain
a separate list of City residents assisted by the Program to
address;name and residential
l
GOMplianG assign one primary and One SeGondary person who shall monitor)ports and verify City residenry. SUGh per-sons shall
Clerk;b ..)le for submitting aGGurate reports to the City
provide
the City Clerk, writing,ritinnf with the names, street email and
addresses,
telephone numbers of the primary and SeGondary GontaGt persons
.MMedi-ately upon the signing of this agrc��Ten+ Drevirle City Clerk with
written n0tiftation of any Ghanges in the primary or SeGondary person(s),
I.A.ffth*n fivp_ (5) City working days following s Ghange.
Submit to City typed or computer generated quality 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 to the Commission staff liaison within five (5) City
working days following such change.
G. All reports shall be delivered p sent Glass rson o� via first r� mail.
fax, email or-vN-Fer-eltV� nie means sha lull note a be
Gity Clerk will presc;r4be the format in whiGh suGh reports shall be
prepared and submitted Any reports net prepared in with this
All reports shall be sent by an approved electronic method either 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. The following items shall be reported on in each quarterly
report:
1. INSERT
2. INSERT
3. INSERT
H. Any funds renewed from Gity not disbursed by Servioes Provider shall be
reimbursed to City. Any funds disbursed by ServiGes Provider in violation
o .. Vol. , Chapter
'^ r� -
Commissions, ArtFG•le 2-14: Request for Financial Assista n�T�s
agreement s7hTe 11 he rei�L bursedrto Git�-
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 2020-2021. 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 serviGe that
supports Rin.;l County and the Apache _ unntion area during the term of t-h*&-
ag ., and provide proof of suGh listing with every quarterly
Mal.
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 Apache
Junction Community Resource Center once monthly, during Project
Connect events, and the annual Health and Wellness Expo.
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.
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.
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$ for fiscal year 2020-2021 for SOW performance.
B. Compensation shall be in equal quarterly payments of$ . 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 2019-2020 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:
If to City: Jennifer Pena, City Clerk
City of Apache Junction
300 E. Superstition Boulevard
Apache Junction, AZ 85119
If to Services Provider:
Apache Junction, AZ 85120
8. TERMINATION: This Agreement maybe terminated by either Party for any
reason upon fifteen (15) calendar days written notice. In the event this Agreement is
terminated for any reason prior to the completion of the full period of performance
as stated herein, City shall be liable to Services Provider for those verifiable costs
incurred by Services Provider which are in accordance with the original proposal,
only up to the date of such termination and not thereafter.
9. SUBCONTRACTORS: Services Provider shall not be compensated for
proportional work performed. 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.
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.
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 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
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: ,
a 501(c)3 non- profit organization
By:
Print Name:
Title: Executive Director
CITY:
CITY OF APACHE JUNCTION, an Arizona
municipal corporation
By: Jeff Serdy
Mayor
ATTEST:
JENNIFER PENA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this day of ,
20 , by as of
a 501(c)3 non-profit organization.
Notary Public
My Commission Expires:
STATE OF ARIZONA )
) ss.
COUNTY OF )
The foregoing was subscribed and sworn to before me this _day of ,
20 , by Jeff Serdy, as Mayor of the City of Apache Junction, Arizona, an Arizona
municipal corporation.
Notary Public
My Commission Expires:
Page 11 of 11
HEALTH AND HUMAN SERVICES FUNDING
COMPARISON TABLE
FY 2011- FY 2012- FY 2013- FY 2014- FY 2015- FY 2016- FY 2017- FY 2018- FY 2019- FY 2020-
AGENCY 12 13 14 15 16 17 18 19 20 21
Superstition Community Food 20,000 25,000 30,000 30,000 32,000 50,000 32,000 50,000 75,000 27,500
Bank 20,000 25,000 30,000 32,000 32,000 32,000 7,000 33,000 24,5
00 19,800
Boys and Girls Club of the East 30,000 30,000 20,000 25,000 25,000 25,000 30,000 30,000 35,000 35,000
Valley 8,000 8,000 11,000 20,000 20,000 20,000 30,000 29,000 24,500 16,700
Community Alliance Against 14,500 14,500 14,000 18,000 24,000 24,000 25,000 20,000 18,000 18,000
Family Abuse (CAAFA) 14,500 14,500 14,000 18,000 20,000 20,000 25,000 16,000 16,000 17,450
20,000 25,000
Horizon Health &Wellness 15,000 9,500
12,000
Genesis Project 10,500
24,000
AJ CDC 6,000
East Valley Adult Resources (for 30,000 30,000 30,000 30,000 30,000 40,000 NA NA NA
Apache Junction Senior Center 25,000 26,000 30,000 30,000 28,000 0
East Valley Adult Resources (for NA 45,000 40,000 30,000 35,000 NA
van transportation) NA 0 0 0 0 NA NA
United Way 7,735 50,000 10,000
NA NA NA NA NA 0 10,000 2,000 NA
►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition
Boulevard
01 Agenda Item Cover Sheet Apache Junction,AZ
_ 85119
Agenda Item No. 7.
PizoNr File ID: 20-630
Sponsor: Jennifer Pena Agenda Date: 12/17/2020
Index: In Control: Health and Human Services Commiss
Schedule next commission meeting in the city council chambers located at 300 E. Superstition
Boulevard.
City of Apache Junction,Arizona Page 1 Printed on 8/25/2026