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HomeMy WebLinkAbout2015 07.21 City Council Regular Agenda . ? City of Apache Junction, Arizona Meeting location rw City Council Chambers 'x ?'=w tJ at City Hall Agenda 300E Superstition Blvd g Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,July 21,2015 7.00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review pnor to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Consideration of acceptance of agenda 2. Consideration of approval of minutes of regular meeting of July 7, 2015. 3. Consideration of the proposed contract with SDB Contracting Services for PW 2012-17 Intersection and Drainage Improvements- Broadway Avenue/Delaware Drive in an amount not to exceed $1,197,632 70 4. Consideration of the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of equipment for the Public Works Department Equipment will consist of a new replacement 2015 821F Case Loader. Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract L-331(5) for a total not to exceed $228,913.76. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 City Council Meeting Agenda July 21,2015 5 Consideration of the procurment of fleet vehicles for the current fiscal year. Staff requests permission to move forward with the purchase of vehicles for the Police Department which would consist of one new replacement 2015 Ford Pursuit Utility Interceptor for the Patrol Divison, one new replacement 2015 Ford F-150 Super Crew and one new replacement 2015 Ford Edge for the Crime Investigations Division Staff requests ' ilk authorization to purchase the vehicles from San Tan Ford on the cooperative Arizona State Contract#ADSPO12-016671 for a total not to exceed $102,100 00 6. Consideration of the proposed contract with Arizona Department of Corrections to provide inmate labor to work in conjunction with the city work crew The amount of this contract will not exceed $8,000 00 E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 7. Presentation of Drowning Impact Awareness Month Proclamation. Fire and Life Safety Specialist Tina Gerola of Superstition Fire & Medical District will be in attendance to accept the proclamation 8. Proclamation designating the month of July as Parks and Recreation Month 9. City council recognition and appreciation of City Manager George Hoffman's years of service and commitment to the City of Apache Junction '� F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clanfying comments related to substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 10. City manager's report 11. Presentation by and discussion with Executive Director Sue Black of the Arizona State Parks Department. Director Black will provide an upate on Lost Dutchman State Park City of Apache Junction,Arizona Page 2 Printed on 7/14/2015 Am. Aisok. City Council Meeting Agenda July 21,2015 H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council AMP., I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters 12. Discussion and direction on the Request for Qualifications (RFQ) for visitor center services Council previously discussed the visitor center services proposals at the June 15, 2015 work session. This item provides the opportunity to direct staff on how to proceed with visitor center services and the related RFQ L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. Executive Session at 5 45 P.M and Work Session at 7 00 P M for Monday, August 3, 2015. 14. Executive Session at 5 45 P M and Work Session at 7 00 P M will be held on Tuesday, August 4, 2015 Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authonzed to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the junsdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker.2)ask the city manager to review a matter-3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker City of Apache Junction,Arizona Page 3 Printed on 7/14/2015 City Council Meeting Agenda July 21,2015 N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095 City of Apache Junction,Arizona Page 4 Printed on 7/14/2015 Aft. oak CITY COUNCIL REGULAR MEETING JULY 7, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on July 7, 2015, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m INVOCATION Councilmember Wilson gave the Invocation PLEDGE OF ALLEGIANCE Vice Mayor Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present• Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Library Director Spencer Paden Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 1 OF 10 OmS Others Present: Economic Development Administrator Janine Solley Recreation Superintendent Liz Langenbach ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND ems THAT APPROVAL BE GIVEN FOR THE CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION IN THE AMOUNT OF $21, 609 00; AND THAT COUNCILMEMBER SERDY BE REAPPOINTED AS REPRESENTATIVE OF THE COUNCIL TO THE GREATER PHOENIX ECONOMIC COUNCIL BOARD OF DIRECTORS; AND THAT APPROVAL BE GIVEN FOR THE APACHE JUNCTION COMMUNICATION PLAN; AND THAT RECEIPT OF THE ANNUAL REPORT OF THE APACHE JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2014-2015 BE ACKNOWLEDGED, AND THAT THE AWARD OF CONTRACT FOR PW2015-06, CRACK SEALING MAINTENANCE IN VARIOUS LOCATIONS IN PARTIAL FULFILLMENT OF THE FISCAL YEAR 2015-2016 STREET MAINTENANCE PLAN, BE AWARDED TO ACE ASPHALT THROUGH MOHAVE COOPERATIVE CONTRACT #14Y-ACE-0317 FOR A TOTAL AMOUNT NOT TO EXCEED $248, 798 . 06; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT A CLERICAL CORRECTION FOR THE PAYMENT AMOUNT IN SECTION 16 1011 OF THE SEPARATION AGREEMENT BETWEEN GEORGE R. HOFFMAN AND THE CITY OF APACHE JUNCTION APPROVED BY COUNCIL ON DUNE 16, 2015 BE RATIFIED; AND THAT RESOLUTION NO 15-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING ITS COMMITMENT TO ADVANCE DIVERSITY IN THE CITY' S ORGANIZATION AND COMMUNITY, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 2 OF 10 Nk VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Sponsorship/Partnership Programs Coordinator Roger Hacker commented on a public safety issue dealing with animals in the community. A number of organizations have stepped forward to sponsor funds to fill that need. He requested Councilmember Wilson address it further. Councilmember Wilson commented they have a lot of equines in the community with the potential for an event putting a large animal into a situation in need of rescue. He and his wife attended a large animal rescue technical training class a few years ago. It shows how to address the issue safely for the animal and the people involved. He commented on a trailer accident that occurred a few years ago. Members of the police department, animal control and the fire district wish to attend the class . Local equine organizations, a resident and a local equine business have stepped forward to help with the cost. They have received enough funds to send five individuals to the class . He asked Mr. Hacker to introduce the people making the donations. Sponsorship/Partnership Programs Coordinator Roger Hacker introduced Rich Sterba, president of the Arizona Mounted Rangers, who presented a personal donation of $500 in honor of his deceased wife. Mr. Sterba commented on his reason for his donation Sponsorship/Partnership Programs Coordinator Roger Hacker introduced Paula Smith, owner of Crazy Horse Saddle Shop, who presented a donation of $250 for training one police officer and commented on her reason for her donation Sponsorship/Partnership Programs Coordinator Roger Hacker introduced Steve McClintock from East Valley Back Country Horsemen, who presented a donation of $250 and commented on what his nonprofit organization does . Sponsorship/Partnership Programs Coordinator Roger Hacker commented the Friends of Apache Junction Board of Directors were REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 3 OF 10 happy to have a part in this and make it happen. He introduced Darryl Cross of the Superstition Horsemen' s Association, who presented a donation of $250 and commented on their support for the community. Chief Bourgeois of the Superstition Fire and Medical District stated he was thankful for the donations . As a horse owner himself, he appreciated the value of the training. They are low frequency, high risk events, being high risk to the animals and the rescuers . They do not do this very well and there has been limited training in these rescues. They are anxious to put some of their rescuers through the training. He thanked the community for coming together on this . Councilmember Wilson commented they are working on another organization that was not able to finalize everything last night They are trying to work on one more as well . Public Safety Director Tom Kelly stated he wanted to thank Councilmember Wilson for contacting him to talk about the training and putting the department in that direction. They have been talking about this type of training for some officers for the last couple of years so that not only the equine but the officers do not get injured during these situations . He thanked the various donators and accepted the funds for the training. He added it is nice to see the community come together to support the first responders . Sponsorship/Partnership Programs Coordinator Roger Hacker stated it is very good to work in a generous community like Apache Junction and Gold Canyon. The support they get for many projects is very warm and heartfelt . ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco thanked everyone for making this year' s Fourth of July celebration one of the best ever. Parks and recreation did a great job planning activities for all ages. The fireworks this year outdid all the previous years, made possible by Republic Services for the last six years . He thanked them for their ongoing support over the years . REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 4 OF 10 o p Councilmember Wilson commented one of the events during the Fourth was the council members in the hole-in-the-wall with wet sponges being thrown at them. He read a letter from the Kiwanis Club thanking the council members that participated in that booth. Councilmember Serdy commented he is extremely proud of the committee of volunteers that put on the Lost Dutchman Marathon, recently recognized at the Governor' s Conference on Tourism. CITY MANAGER' S REPORT City Manager Bryant Powell commented on the next Lost Dutchman Marathon. He requested a video presentation of the Lost Dutchman Marathon be shown. Recreation Superintendent Liz Langenbach stated she had been honored to work as liaison to the Lost Dutchman Marathon Committee . She went to the awards gala with board members of the Lost Dutchman Marathon and observed the response the marathon received. While the money raised was down this year compared to previous years, they raised $50, 000 and have raised over $447, 000 since their inception in 2002 . She introduced the committee members of the Lost Dutchman Marathon, Inc. Councilmember Serdy requested the camera zoom in on the award, a continuous strand of copper in a horse shape by the famous artist Ben Nighthorse. The award is from the Arizona Department of Tourism' s Governor' s Tourism Award for Special Events-Rural. Vice Mayor Barker thanked Recreation Superintendent Liz Aank Langenbach and the committee for everything they have done for the marathon and the community. Mayor Insalaco commented this is the first official meeting of the new city manager. City Manager Bryant Powell read some communications from residents regarding the new communication plan, the police department and the Fourth of July Celebration. He thanked everyone for their hard work on the Fourth and was thankful the library report was approved. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 5 OF 10 PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 15-25, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT APPLICATIONS Grants Administrator Heather Patel briefed the council on the item. Councilmember Waldron asked if one of the grants is competitive . Grants Administrator Heather Patel stated the State Special Project is a competitive one. They give a very high point allocation to those that commit leverage The more that is committed, the more points are given. Any commitment of leverage here, if an application is not awarded, the city is not committed on for those funds anymore. Councilmember Waldron commented the city will get the Community Development Block Grant funds. Grants Administrator Heather Patel stated those are considered an entitlement to the community so long as we submit a valid application and the project is completed as required. It is sort of guaranteed. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO 15-25, A RESOLUTION OF THE MAYOR AND CITY REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 6 OF 10 Aft. Aiei. COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, COMMITTING LOCAL FUNDS AS LEVERAGE FOR FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AND STATE SPECIAL PROJECTS ("SSP") APPLICATIONS, BE APPROVED. Vice Mayor Barker SECONDED THE MOTION. Auk VOTE. Unanimous . The motion carried. DIRECTION TO STAFF None SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES City Manager Bryant Powell stated August 25 is an opportunity to meet with the Queen Creek Town Council. In years past they have met with different communities that are close by. About a month ago they set the date as August 5 but Queen Creek cannot do that date. They have been told that August 25 would be an evening that would work for them. Vice Mayor Barker asked where they were proposing to have this City Manager Bryant Powell Auk stated at the multi-gen recreational center. Vice Mayor Barker asked at what time City Manager Bryant Powell stated that is the council' s decision. They have been looking at 6 : 00 p.m. or 6 : 30 p.m. They can meet together, eat, and have two or three general items that impact both communities . Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 7 OF 10 Vice Mayor Barker MOVED THAT A JOINT MEETING OF COMMON COMMUNITY INTERESTS BETWEEN THE CITY OF APACHE JUNCTION CITY COUNCIL AND THE TOWN OF QUEEN CREEK TOWN COUNCIL BE HELD AT 6. 00 P.M. ON AUGUST 25, 2015 AT THE MULTI- GENERATIONAL CENTER. Councilmember Wilson SECONDED THE MOTION — VOTE: Unanimous. The motion carried Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P M AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JULY 20, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, JULY 21, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC Mr. Doug Coleman, 1474 S. Royal Palm, Apache Junction, addressed the council regarding the wonderful celebration on the Fourth of July, the improvement of Apache Trail and to congratulate new City Manager Bryant Powell and thank George Hoffman for his years of service. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding watching the fireworks and his objection to the appointment of Bryant Powell as city manager. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 50 p.m. REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 8 OF 10 Consent Agenda Items are as follows 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of special meeting of June 15, 2015 . 3 . Consideration of approval of minutes of regular meeting of June 16, 2015 . 4 . Consideration of approval of the Greater Phoenix Economic Council (GPEC) contract for economic development services in the amount of $21, 609 and appointment of a member of the council as the City of Apache Junction representative to the GPEC Board of Directors . 5 Consideration of approval of the City of Apache Junction Communication Plan. 6 . Acknowledge receipt of the Annual Report of the Apache Junction Public Library Board of Trustees for Fiscal Year 2014-2015 . 7 Consideration of award of contract to Ace Asphalt for the street maintenance crack-seal work in various locations in partial fulfillment of the Fiscal Year 2015-2016 Street Maintenance Plan. 8 . Ratification of clerical correction for the payment amount in Section 16 of the Separation Agreement between the City Ask of Apache Junction and George R. Hoffman approved by council on June 16, 2015 9 . Consideration of Resolution No. 15-19, formally expressing the mayor and city council' s commitment to advance diversity in the organization and community. ACCEPTED THIS 21ST DAY OF JULY, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JULY, 2015 . REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 9 OF 10 JOHN S. INSALACO Mayor ATTEST: eN KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of July, 2015 I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of July, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JULY 7, 2015 PAGE 10 OF 10 Ada lb• � � "`_ City of Apache Junction, Arizona > 300 E Superstition . <�� ` Boulevard �-, "'`. Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 3 fief‘. File ID. 15-264 Sponsor Raquel Schatz Agenda Date 7/21/2015 Index:Community Infrastructure In Control.City Council Meeting Consideration of the proposed contract with SDB Contracting Services for PW 2012-17 Intersection and Drainage Improvements- Broadway Avenue/Delaware Drive in an amount not to exceed$1,197,632 70 Attachments ,ate City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 •ACHE- y Public Works Department r; 0 e'*9e)f/WCA ' r ;2 1// ZP :; Home of the Superstition Mountains 441 014. June 24, 2015 Memorandum to. Honorable Mayor and Members of the Council Through. Bryant Powell, Assistant City Manager Giao Pham P E , Director of Public Works From• Raquel Schatz., Project Engineer Regarding. Award of Bid for Project PWC2012-17 Intersection & Drainage Improvements Broadway Avenue/Delaware Drive Four construction firms were contacted to provide cost proposals utilizing cooperative contracts with other agencies. One of the four firms was only able to provide proposals for just the drainage The cost proposals ranged from $1,088,757.00 to $1,763,558 00 This project includes over 2,000 linear feet of storm drain, pavement reconstruction on Delaware Drive from 16th Avenue to Broadway Avenue, curb and gutter, and other related improvements. Work is scheduled to be completed by October 24, 2015 Cost Proposal Summary Drainage Roadway Total ~ Achen-Gardner $1,178,536 00 $585,022 90 $1,763,558.90 Blucor Contracting $650,322.00 -- Hunter Contracting $869,876.36 $385,775.80 $1,255,652 16 SDB Contracting $696,483 00 $392,274 00 $1,088,757.00 Engineering Opinion of Probable Cost $1,015,024.50 The Public Works Department recommends award to SDB Contracting Services for their cost proposal in the amount of$1,088,757.00 utilizing City of Chandler Cooperative Contract No 1201-401 RECOMMENDED MOTION: I MOVE TO AWARD PROJECT PWC2012-17 BROADWAY/DELAWARE DRAINAGE IMPROVEMENTS TO SDB CONTRACTING SERVICES IN THE AMOUNT OF$1,088,757.00, PLUS 10% FOR UNFORESEEN CHANGE ORDERS,$108,875.70, FOR A TOTAL OF$1,197,632.70. 575 E Baseline Avenue, Apache Junction, Arizona 85119 Tel (480) 982-1055 • FAX (480) 982-8005 CITY OF APACHE JUNCTION CONSTRUCTION AGREEMENT PROJECT: PWC2012-17 A"` "Broadway/Delaware Drainage Improvements" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SDB CONTRACTING SERVICES, an Arizona limited liability company, ("Contractor") , sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in Contractor' s estimate dated June 24, 2015 (the "Contract Documents") . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Vol. I, Chapter 3, Administration, Article 3-7, Procurement Procedures. AGREEMENT i► NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contractor' s estimate dated June 24, 2105 including, but not limited to: A. 2, 000 Linear Feet of storm drain. B. 990 Linear Feet of mill and overlay C. 2, 640 Linear Feet of pavement reconstruction on Delaware Drive from 16th Avenue to Broadway Avenue. D. 220 Linear Feet of curb and gutter E. Utility and survey monument adjustments F. Provide traffic control, including uniformed police. Last modified: April 1, 2015 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed One million, eighty-eight thousand, seven hundred fifty-seven dollars and no cents ($1, 088,757. 00) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed Change Orders. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the owner to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees. 3. CONTRACT TERM: Contractor hereby fixes the time for completion of said Work as October 24, 2015. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as Ammi the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to 2 the Work as may be directed by City to conform to said Contract Documents without requirement of a Change Order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year Agnikk from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) year from the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. ... 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and L Contractor agrees to obtain a privilege tax license pursuant to 3 Chapter 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Any activity by subcontractors within the corporate city limits, will invoke the same privilege tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required privilege tax license. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or 4 { { connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of '+ Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce j any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including• all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 5 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor' s insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. 6 REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate limit. The policy shall include. coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.' s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations . If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and r.. property damage, including death, which may arise in the prosecution of Contractor' s work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor' s Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000,000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If 7 hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and, Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: 'I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer' s Liability insurance to at least the same extent as required of Contractor, Professional Liability ^ Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor' s insurer(s) , as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the I certificates of insurance and endorsements shall be subject to 8 the approval of the Apache Junction City Attorney' s Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement "" are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A Change Order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A Change Order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All 9 INN*. .�. such changes shall be effected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 20. LABOR & MATERIAL PAYMENT BOND: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 10 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, .-.. fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that ANEW in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION BY CITY: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. } B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 11 25. RECORDS: Records of Contractor's labor, 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. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentiallythe same rights and benefits g (economic and otherwise) to the Parties as if such severance and Amilk 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. 28. CONFLICT OF INTEREST: The provisions of A.R.S. § 38- 511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 29. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. 12 As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S . § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23- 214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2015. SDB Contracting Services, an Arizona limited liability company BY: Brian Bohnsack Its: Vice President/COO CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S . Insalaco Its. Mayor r 13 ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: 71 -15 Richard J. Stern, City Attorney 1 } {tI I 14 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, hereinafter called the Principal) , as Principal, and , a company/corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2015 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's subcontractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in Am, accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20_ PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: ATTORNEY IN FACT 15 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee), in the amount of Dollars ($ ), for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2015, to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this _ day of , 20 PRINCIPAL SEAL BY• AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: ATTORNEY IN FACT 16 CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT: PW# The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS OF INSURED: - ------ —ems Type of Policy Effect Expire Limits of Insurance:'. Number Date Date Liability 1. Workers' $100,000 Each Accident; :. Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2. Commercial $1, 000, 000 Each General Occurrence; $2,000,000f Liability Products/Completed Operations Aggregate; $2,000,000 General. Aggregate Limit 3. Contractual $1,000, 000 Each Bodily Injury & Occurrence - Property Damage 4 Automobile $1, 000, 000 Each i,<.,M.x �` Bodily Injury ;& Occurrence . {r l Praperty. Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City of Apache Junction. If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date. This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its officers, employees and agents are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of 20 by as Insurer. Notary Public My Commission Expires: r 17 41111. City of Apache Junction, Arizona 300 E Superstition k 'Y, Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 4 File ID 15-269 Sponsor Shane Kiesow Agenda Date.7/21/2015 Index. In Control:City Council Meeting Consideration of the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of equipment for the Public Works Department Equipment will consist of a new replacement 2015 821 F Case Loader Staff requests authorization to purchase the equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of Transportation Contract L-331(5)for a total not to exceed $228,913 76 Attachments• City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 Aar , `-�' . City of Apache Junction, Arizona 300 E Superstition � Boulevard k '' Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 5 File ID: 15-270 Sponsor: Shane Kiesow Agenda Date. 7/21/2015 Index. In Control. City Council Meeting Consideration of the procurment of fleet vehicles for the current fiscal year Staff requests permission to move forward with the purchase of vehicles for the Police Department which would consist of one new replacement 2015 Ford Pursuit Utility Interceptor for the Patrol Divison, one new replacement 2015 Ford F-150 Super Crew and one new replacement 2015 Ford Edge for the Crime Investigations Division Staff requests authorization to purchase the vehicles from San Tan Ford on the cooperative Arizona State Contract#ADSPO12-016671 for a total not to exceed$102,100 00 Attachments* City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 City of Apache Junction, Arizona 300 E Superstition < Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 6 File ID: 15-272 Sponsor:James Hazel Agenda Date.7/21/2015 Index In Control: City Council Meeting Consideration of the proposed contract with Arizona Department of Corrections to provide inmate labor to work in conjunction with the city work crew The amount of this contract will not exceed $8,000 00 Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA 85119 480-982-8250 TO• Mayor and City Council FROM. James W Hazel, Presiding Magistrate RE: Ratification to approve contract with Arizona Department of Corrections DATE. July 8, 2015 The work crew program at the court has been successful in providing public improvements at no cost to the city and providing an incentive to defendants to complete the terms of their sentences This improves public safety as those defendants that are successful are less likely to commit new infractions. The Court intends to continue this successful program. The Arizona Department of Corrections operates a similar program for trusted inmates who are at low risk and have committed less serious offenses. The Municipal Court has researched the use of these inmates as additional laborers in the City of Apache Junction The program has been successful throughout the state and currently inmates are used at a number of government facilities including the State Capital. For the nominal cost of$i6o 0o per week, the Arizona Department of Corrections can provide six inmates, four days a week. The breakdown of costs is $0 50 per hour and shared transportation costs (totaling $i6o per week) The crew will be supervised by James Cristy, the assistant compliance court officer, who has prior DOC experience Several other court and city employees have been trained by the Arizona Department of Corrections and approved to supervise the crews as well. The program will be administered by the Presiding Magistrate, James W. Hazel, Jr. This cost will be absorbed in the Apache Junction Municipal Court budget. The program is successful because the Arizona Department of Corrections takes the behavior of the inmates on the program very seriously. Inmates are removed from the privilege of working on the program at the immediate request of the contractor for even the most minor infraction. Upon review of the contract provided, I recommend the Contract and billing information should be directed to the attention of Hon. James W Hazel, Jr.,Apache Junction Municipal Court, 30o E. Superstitution Blvd ,Apache Junction, AZ 85119 This change needs to be reflected in the contract. Therefore, the program will operate at no additional cost to the city,but provide additional workers for public improvement projects. As the inmates are trusted inmates with low risk factors, there is little safety risk to the public. Suggested motion: "I move that City of Apache Junction Municipal Court approve the Inmate Work Contract as submitted by the Arizona Department of Corrections,with the clerical corrections as reflected, and authorize Presiding Magistrate, James W. Hazel, Jr., to sign the contract on behalf of the City of Apache Junction " girtiono 4eporzmonI of torreellongi ,F _111 See sT T f g. 1601 WEST JEFFERSON rij "Pt PHOENIX,ARIZONA 85007 rt ' �91z (602)542-5497 www azcorrections.gov DOUGLAS A.DUCEY GOVERNOR CHARLES L.DIRECTOR June 3,2015 James Hazel,Presiding Judge City of Apache Junction 300 E. Superstition Blvd. Apache Junction, Arizona 85118 Via Email: cchow a,ajcity.net Re: Contract No. 15-191-20 Inmate Labor with ASPC-Florence and the City of Apache Junction Dear Mr Hazel: Enclosed for your review and authorized signature is the above referenced Contract that was requested by Mr Jim Christy, Court Compliance Service Worker for the City of Apache Junction. Please sign and return a copy of this Contract to our office via email to lwnghta,,azcorrections.gov by June 16, 2015. Please do not make any changes to the enclosed document prior to discussing them with Procurement Services Any unauthorized alteration may delay finalization. A copy of the fully executed Contract will be sent to you for your records If you have any questions, please contact Linda Wright, Senior Procurement Specialist or me at (602)542-1172. Sincerely r l 2.1 Or° Ch E ' :beth G. Csaki, C Chief Procurement Officer EC/1w Enclosure Procurement Services, 1601 W.Jefferson, Phoenix,Arizona 85007, Mail Code 55302 Fax• 602-364-3790 ADC Contract No: 15-191-20 STATE OF ARIZONA DEPARTMENT OF CORRECTIONS 1645 West Jefferson Street,Mail Code 55302 Phoenix,Arizona 85007-3002 INMATE WORK CONTRACT This Contract is entered into between City of Apache Junction, hereinafter referred to as the Contractor, and the Director of the Arizona Department of Corrections, for and on behalf of its Arizona State Prison Complex—Florence,hereinafter known as the Department. This document, including the Scope of Services, Special Terms and Conditions, Standard Work Provisions, any addendums, attachments or modifications, shall constitute the entire Contract between the parties and supersedes all other understandings, oral or written. IN WITNESS WHEREOF,the parties hereto agree to carry out the terms of this Contract. CITY OF APACHE JUNCTION FEDERAL TAX I.D.#86-0358590 ARIZONA DEPARTMENT OF CORRECTIONS Signature of Authorized Individual Date Signature of Authorized Individual Date James Hazel Michael P. Kearns Typed Name Typed Name Presiding Judge Division Director, Administrative Services Typed Title Typed Title 300 E. Superstition Blvd. 1645 West Jefferson Street, Mail Code 328 Apache Junction, Arizona 85118 Phoenix,Arizona 85007-3002 —Address Address Additional Signatures as Applicable Signature of Authorized Individual Date Signature of Authorized Individual Date Typed Name Typed Name Typed Title Typed Title Prepared by: Linda Wright, Senior Procurement Specialist Date: June 3,2015 SCOPE OF SERVICES ADC Contract No. 15-191-20 WITNESSETH WHEREAS,the Department is duly authorized by A.R.S. §41-1604,et seq, §31-252 and § 31-254,to execute and admimster contracts and, WHEREAS,the Contractor is authorized by A.R.S. § 9-240 to enter into agreements for services,and; WHEREAS, the Department desires to implement the requirement that each able-bodied inmate under commitment to the Department shall engage in work activity during such term of imprisonment,and; WHEREAS, the Director of the Department has the authonty to maintain and administer facilities and programs as may be required for the custody,control and rehabilitation of all inmates committed to the Department, and; WHEREAS, the Director of the Department may authorize inmate work crews to perform acceptable tasks in any part of the State,and; WHEREAS, the Contractor has a need for a labor force to support its normal property maintenance, litter control functions on city streets and basic landscaping functions within the city limits,and; WHEREAS, the Department is able to supply an inmate labor pool to support this work program for its Arizona State Prison Complex—Florence, as identified herein. NOW,'THEREFORE,the Department and the Contractor do hereby agree as follows: 1 THE CONTRACTOR AGREES- 1.1 To provide necessary tools/equipment,drinking water,sanitary facilities and any special clothing required to accomplish work assignments. 1.2 To appoint a work crew leader who may provide both technical and job supervision as necessary. Appointed supervisors shall abide by and put into operational practice the Standard Work Provision for Inmate Work Programs included as Attachment#1 of this contract. 1.2.1 Technical supervision means the Contractor shall provide staff who know the types of work tasks to be accomplished and correct way to complete each task. Technical supervisors teach assigned inmates how to complete their job assignments. 1.2.2 Job supervision means that Contractor personnel shall remain with assigned inmates for the length of the work day to ensure inmates are supervised and accounted for, and report results to the Department liaison. If an inmate fails to remain at the work site,if an inmate becomes ill at the work site and needs to be returned to the prison and if an inmate poses security concerns,the liaison shall be contacted immediately. 1.3 To obtain the Department's written approval for the Contractor's technical supervisor prior to initiation of this contract 1.3.1 Subsequent to Contract initiation, should the Contractor's technical supervisor(s) change, the Contractor shall notify the Department at least two(2)workdays prior to the impending change to permit completion of the Department's approval process 1.3.2 If prior notice is not possible, the Department may withhold the inmate work crew from further service until the necessary approval process is completed. 1 SCOPE OF SERVICES ADC Contract No. 15-191-20 1.4 To provide, if applicable, pesticide protection and Hazardous Material Training (HAZMAT) for inmates prior to initiating the work activities described in this Contract. 1.4.1 The Contractor shall comply with the Site Safety and Health Plan included as Attachment #2 of this contract. 1.4.2 Inmates shall not be allowed to be present while hazardous materials, inclusive of pesticides, are being used or applied.Pursuant to the Arizona Office of Pest Management, no inmate shall be allowed to handle or to apply pesticides. However, all hazardous materials (inclusive of pesticides), if stored and/or used on this site, and while ADC staff and/or inmates are present, require they be trained to recognize such hazardous materials and relative adverse medical signs and symptoms associated with the chemical, in accordance with the federal chemical"Right-to-Know Act"(SARA Title III). 1.5 To provide a working environment which meets the requirements of the Occupational Safety and Health Act (OSHA), Safety and Health Standards for General and or Construction Industry, 29 CFR Part 1910 and 1926,as adopted by the State of Arizona. 1.6 To provide emergency first aid for minor injuries or to contact the nearest medical provider to assist if more extensive first aid services are needed. 1.7 The Contractor shall follow all Department Orders (DO's), and Director's Instructions (DI's), i.e. drug-free workplace, grooming code, etc. The policies,procedures,DO's, and DI's are available on the following web site www.azcorrections.gov. 1 8 To designate a staff member who shall serve as liaison between the Contractor and the Department. The Contractor shall ensure that the Department is given the name and phone number/extension of the contact person. 1 9 To notify the Department 24 hours prior to necessity should workload require inmates to stay beyond their normal work hours. Said notice shall be provided by contacting the Department's institution contact person 1.10 To assign work hours, work location(s), and job assignments subject to the concurrence of the Department. Work sites shall be confined to locations which are within the Contractor's authority to manage,maintain and finance. 1.11 To allocate sufficient time from job responsibilities to allow Contractor's staff assigned to this work program to attend mandatory training given by the Department prior to initiating the work activities described in this Contract. Subsequent to Contract execution, replacement staff assigned to this program must receive Department training prior to assuming work responsibilities. 1.12 To maintain the work site in the manner/condition in which it was approved by the Department as complying with the requirements imposed by the custody level of assigned inmates and assigned work responsibilities. If,during the term of this Contract, security/safety concerns become evident, or the Contractor wishes to change or alter the work site(s), the following procedures shall be followed: 1.12.1 Secunty/safety concerns shall be rectified immediately by the Contractor in accordance with direction received from the Department. 1 12 2 The Contractor shall provide written notice to the Department if changes or alterations are 2 SCOPE OF SERVICES ADC Contract No. 15-191-20 planned for the work site(s)prior to any changes or alteration being accomplished. 1.12.3 Representatives from the Department and the Contractor shall conduct an inspection of the work site(s). If the proposed change or alteration shall negatively impact the security and/or safety of assigned inmate workers, corrective action shall be determined by the Department 1 12 4 If in the opinion of the Department, said security/safety concem(s) poses an immediate threat to the inmate workers, the Department may withhold further assignments of the inmate work crew until the concern is rectified. 1.13 To pay for inmate labor at the rate of fifty cents(500)per hour, to include approved extra hours, if applicable as authorized by the Department. 1 14 If applicable, to pay for Correctional Officer (CO) supervision of inmate work crews under this Contract, including overtime approved by Contractor, if applicable, and all employee related expenses Should additional crews be needed, Contractor will hire additional staff to supervise inmate work crews The Contractor in agreement with the Department must authorize the expense of additional Departmental staff before the expense is incurred. 1.15 If applicable; in addition to payment for inmate labor and CO overtime, the Contractor shall pay the Department for transportation costs at the State prevailing rate per mile, as determined by the Anzona Department of Administration, General Accounting Office, for distance traveled by each Department transportation vehicle to and from the work site(s) Such payment shall be rendered by separate check or warrant at the same time and place as payment for inmate wages. 1.16 That on or before the 15'h business day of each calendar month, the Contractor shall make payment for all work performed during the preceding month The check or warrant shall be made payable to Arizona State Prison Complex-Safford and sent to the following address. Arizona State Prison Complex—Florence Attention: Business Manager 1305 East Butte Avenue Florence,Arizona 85132 1.17 To maintain records and other evidence sufficient to reflect properly all payments related to this work program Such records shall be made available for mspection and audit upon request by the Department. 1.18 That inmates assigned to this work program shall not drive any licensed, over-the road vehicle as part of their job responsibilities. However, assigned inmates may be permitted to operate the Contractor's off-road mobile equipment,in accordance with the following guidelines. 1.18.1 The Contractor shall provide written notice to the Department advising of the need to have inmates operate mobile equipment. The notice shall describe the type(s)of off-road mobile equipment to be operated in accordance with Attachment#3. 1 18.2 No inmate shall operate any mobile equipment until the Contractor receives wntten authorization from the Department in accordance with Attachment#3. 1.18.3 If the Contractor receives written authorization from the Department, the Contractor shall document training provided to inmates specific to each type of off-road mobile equipment to be operated. 3 SCOPE OF SERVICES ADC Contract No. 15-191-20 1.18.4 Acquire and maintain applicable insurance in compliance with State requirements 1 18.5 Designated off-road mobile equipment maybe: 1.18.5.1 Riding lawnmowers and golf carts or similar type equipment. 2 THE DEPARTMENT AGREES. 2.1 To provide a mutually agreed number of inmates, subject to availability of said work force, to support the Contractor's property maintenance and construction projects. 2 2 Inmates classified as sexual predators/offenders shall not be utilized for this public works Contract. 2.3 That work assignments shall be performed at the Contractor's business location(s) as shown on Attachment No.4. 2.4 To provide transportation of inmate workers to and from selected work site(s) in Department owned vehicles.Inmate workers shall not be transported in privately owned vehicles at any time 2.5 To provide sack lunches for inmates and furnish all clothing, except special protective clothing or footwear. 2.6 To provide security supervision of inmate workers in accordance with Department written instructions. 2.7 When mutually agreed to by the Department and the Contractor: to provide a Correctional Officer (CO) who shall remain on site to provide security supervision of the inmate workers each workday The assigned CO shall follow Department notification procedures if- 2 7 1 An inmate fails to remain at the work site. 2.7.2 An inmate has an accident or becomes seriously ill at the work site. 2.8 To remove and replace as soon as possible any inmate who does not perform to the satisfaction of the Contractor. 2.9 To approve/disapprove the Contractor's technical supervisor(s) assigned to this work program in accordance with Department written instructions. 2.10 To present training to Contractor's staff who will be involved in supervising or interacting with inmate workers. This training shall be given prior to initiating the work activities described in this Contract. Subsequent to Contract execution, replacement staff assigned to this work program must receive Department training pnor to assuming work responsibilities. 2 11 To keep the Contractor fully informed of Department written instructions and activities that have bearing upon the Contractor fulfilling assigned obligations under this Contract 2.12 To designate an institutional contact person who shall function as a liaison between the Institution, Department and the Contractor in developing and coordinating work schedules, assignments, hours and transportation. The Department shall ensure the Contractor is given the name and telephone number/extension of the contact person. 4 SCOPE OF SERVICES ADC Contract No. 15-191-20 2.13 To ensure that any inmate(s)who drives the Contractor's off-road mobile equipment as an assigned work duty is in compliance with Department written instructions governing the use of inmate drivers. 2.14 That prior to the initiation of this work program,the proposed work site shall be inspected relative to security and safety concerns to ensure the work environment satisfies all requirements imposed by custody level of assigned inmate workers and assigned work responsibilities If,during the term of this Contract, security or safety concerns should become evident, or the Contractor wishes to change or alter the work site, the procedure described m Section 1.12 of this Contract shall be followed. 2.15 To invoice the Contractor for payments due no later than the fifth(5th)business day of each month. Invoices shall identify the following: 2 15 1 Inmate name and ADC number 2.15.2 Hours worked 2 15.3 Rate of pay 2 15 4 Mileage(if applicable) 215.5 Vehicle repair expense(if applicable) 2.15.6 Total amount invoiced 2 16 Invoices for CO supervision shall identify at a minimum the following: 2.16.1 CO name(s) 2.16.2 CO hours worked including overtime hours,if applicable 2 16 3 Total amount invoiced 2.17 That invoices shall be sent to the Contractor at the following address. City of Apache Junction Attention. Accounts Payable 300 E. Superstition Blvd. Apache Junction,Arizona 85118 • SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-191-20 3 SPECIAL TERMS AND CONDITIONS 3.1 Term of Contract This Contract shall begin when all signatures are affixed and executed by the Department and shall continue for a period of five(5)years thereafter,unless terminated, canceled or extended as otherwise provided herein. 3.2 This Contract may be terminated,without cause,by either party by provision of prior written notice to the other. Such Notice of Termination shall be effective thirty(30) calendar days after mailing by certified mail, return receipt requested,to the other party. 3.3 Circumstances may arise during the term of this Contract which may prohibit the assignment of inmates for work assignments. Such circumstances could include acts of nature, institution riots, lockdowns, inmate work strikes, etc. The following guidelines shall govern, if such circumstances should occur: 3.3.1 The Department shall provide verbal notice within 24 hours to the Contractor if circumstances will impact work activities. 3.3.2 The Contractor shall not hold the Department liable for failure to perform, or in default of Contract terms due to circumstances described above. 3.4 Inmates working under this Contract are not employees of the Contractor and any compensation is provided solely pursuant to A.R.S. § 31-254. 3.5 Non-Availability of Funds In accordance with A.R.S. § 35-154, every payment obligation of the State under the Contract is conditioned upon the availability of funds appropriated or allocated for payment of such obligation. If funds are not allocated and available for the continuance of this Contract,this Contract may be terminated by the State at the end of the period for which funds are available.No liability shall accrue to the State in the event this provision is exercised,and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. 3.6 Cancellation for Conflict of Interest In accordance with A.R.S § 38-511, State may within three years after execution cancel the Contract, without penalty or further obligation, if any person significantly involved in initiating,negotiating,securing,drafting or creating the Contract on behalf of the State, at any time while the Contract is in effect,becomes an employee or agent or any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the matter of the Contract. 3.7 The Department reserves the right to terminate the contract for default in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits. The Department shall provide written notice of the termination and the reasons for it to the Contractor 3.8 Changes to the Contract shall be handled by formal amendment through Procurement Services 3 9 Arbitration In accordance with A.R.S § 12-1518, the parties agree to resolve all disputes arising out of or relating to this Contract through arbitration, after exhausting applicable administrative review except as may be required by other apphcable statutes. 3 9.1 Records which relate to disputes, litigations or the settlement of claims arising out of the performance of this Contract, or to cost and expenses of this Contract as to which exception has been taken by either party,or their designees, shall be retained by the parties 6 .......... ._.._. ..._. .... .. ......... .. . . SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-191-20 until such appeals,htigations,claims or exceptions have been finally resolved. 3.10 Applicable Law In accordance with A.R.S. §41-2501, et seq.and AAC R2-7-101, et seq. Contract shall be governed and interpreted by the laws of the State of Arizona and the Arizona Procurement Code 3.11 Non-Discrimination In accordance with A.R S § 41-1461, Contractor shall provide equal employment opportunities for all persons, regardless of race, color, creed, religion, sex, age, national origin, disability or political affiliation. Contractor shall comply with the Americans with Disabilities Act. 3 12 Each party to this contract shall be responsible for any and all costs, including but not limited to, attorney fees, court costs and other litigation expenses incurred as a result of the errors and omissions of its officers, employees, agents, or assigns arising out of the performance of this contract. 3.13 Audit of Records In accordance with A R.S. § 35-214, the Contractor shall retain and shall contractually require each subcontractor to retain all data, books and other records ("records") relating to this Contract for a period of five years after completion of the Contract.All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce the original of any or all such records. 3 14 Any and all notices, requests or demands given or made upon the parties hereto, pursuant to or in connection with this Contract, unless otherwise noted, shall be delivered in person or sent by United States Mail, postage prepaid, to the parties at their respective addresses as shown on the signature page of this document. 3.15 Third Party Antitrust Violations The Contractor assigns to the State any claims for charges resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the Contractor. 3.16 Notice Warning Any person who takes into or out of or attempts to take into or out of correctional facility or the grounds belonging to or adjacent to a correctional facility, any item not specifically --� authorized by the correctional facility, shall be prosecuted under the provisions of the Arizona Revised Statues. All persons, including employee and visitors, entering upon these confines are subject to routine searches of'their persons,vehicles,property of packages. Definition: A.R.S § 13-2501. A.R.S. § 13-2505: ADC Department Order 708 3.17 Unlawful Sexual Conduct 3 17.1 A person—who is employed by the State Department of Corrections or the Department of Juvenile Corrections; is employed by a private prison facility or a city or county jail; Contracts to provide services with the State Department of Corrections, the Department of Juvenile Corrections, a private prison facility or a city or county jail, is an official visitor, volunteer or agency representative of the State Department of Corrections,the Department of Juvenile Corrections,a private prison facility or a city or county jail—commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the State Department of Corrections, the Department of Juvenile Corrections,a private prison facility or a city or county jail or with an offender who is under the supervision of either Department or a city or county 7 SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-191-20 3.17.2 This section does not apply to a person who is employed by the State Department of Corrections, a private prison facility or a city or county jail or who Contracts to provide services with the State Department of Corrections, a private prison facility or a city or county jail or an offender who is on release status if the person was lawfully married to the prisoner or offender on release status before the pnsoner or offender was sentenced to the State Department of Corrections or was incarcerated in a city or county jail 3.17.3 Unlawful sexual conduct with an offender who is under fifteen years of age is a class 2 felony. Unlawful sexual conduct with an offender who is between fifteen and seventeen years of age is a class 3 felony.All other unlawful sexual conduct is a class 5 felony. 3 17 4 Unlawful sexual conduct,correctional facilities,classification;Definition A.R.S. § 13-1419. 3.18 Federal Prison Rape Elimination Act 2003 The Contractor shall comply with the Federal Prison Rape Elimination Act of 2003.Reference 28 C.F R.,Part§ 115. 319 Contraband 3.19.1 Contraband means any dangerous drug, narcotic drug, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or any other article whose use of or possession would endanger the safety, secunty or preservation of order in a correctional facility or any person therein. (Any other article includes any substance which could cause abnormal behavior,i.e.marijuana,nonprescription medications, etc. Promoting prison contraband A.R.S. § 13-2505: A person, not otherwise authorized by law,commits promoting prison contraband. • By knowingly taking contraband into a correctional facility or the grounds of such a facility; or • By knowingly conveying contraband to any persons confined in a correctional facility; or • By knowingly making, obtaining, or possessing contraband while being confined in a correctional facility. Promoting Prison Contraband is a Class 5 felony. Authority A.R S § 13-2501 A.R.S. § 13-2505 ADC Department Order 708 3.20 Offshore Performance of Work Prohibited. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and mvolve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or overhead services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. 3.21 Electronic and Information Technology Unless specifically authorized in the Contract, any 8 SPECIAL TERMS AND CONDITIONS ADC Contract No. 15-191-20 electronic or information technology offered to the State of Arizona under this Contract shall comply with A.R.S. §41-2531 and A R.S § 41-2532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities. 3.22 E-Verify Requirement 3.22.1 In accordance with A.R.S. § 41-4401, Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with AAC Section A.R.S. §23-214, Subsection A. 3.23 INDEMNIFICATION: Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitoe are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 9 STANDARD WORK PROVISION Attachment#1 INMATE WORK PROGRAMS ADC Contract No. 15-191-20 (Choice a) Note: Use the Standard Work Provisions below if there will be an on-site Correctional Officer. INMATE WORK PROGRAM UTILIZING ON-SITE CORRECTIONAL OFFICER(S)(CO) A. The Contractor shall provide training and special protective clothing if work environment necessitates use of specific safety precautions or if inmates must work with, near, or around hazardous materials, e.g, asbestos, explosives, radioactive substances. Provision of training shall be documented m writing for each inmate participant. Special protective clothing may include,but shall not be limited to,shoes, safety glasses, gloves, goggles,protective outerwear,hats,etc. B The Contractor shall provide instruction to all inmate workers regarding necessary safety precautions at the job site. If inmate workers are required to operate special equipment as part of their job duties, appropriate training specific to its use shall be provided and documented. C. Contractor's supervisors shall have knowledge and training related to the particular work tasks descnbed in the Contract to ensure that qualified technical supervision and assistance shall be provided to inmate workers as applicable to job requirements. D. All equipment, machinery and tools needed to accomplish designated work assignments shall be maintained in good repair and working condition by the Contractor. E. The Contractor shall comply with the required standards of the Occupational Safety and Health Act (OSHA) during the term of this Contract relative to safety of the work environment and equipment used by assigned inmate workers. F. The confidentiality of information regarding any inmate worker acquired in the course of service pursuant to this Contract shall be maintained in accordance with A.R.S. § 31-221, and no information shall be released without prior written authorization from a representative of the Department. G. The Contractor's personnel shall be instructed that it is unlawful for anyone to give,take or in any manner barter with inmates, i.e., the supplying of any goods,including food and soft dnnks or monies, constitutes a felony for which they can be prosecuted. Inmates are not permitted to work where there are alcoholic beverages or illegal drugs The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned inmates No inmate shall be permitted to make or receive telephone calls unless the call is made to or received from the prison facility in which the inmate is incarcerated. H. An authorized representative of the Department shall be permitted to visit or telephone assigned inmates at the prescribed place of work,or to otherwise communicate with the Contractor to discuss each inmate's work performance, work attendance and general behavior. I. No inmate shall be placed in a supervisory capacity over any other inmate. J. The Contractor shall provide immediate notification to the on-site CO of the following• 1. Unsatisfactory work or malingering of inmates. If requested, the Contractor shall furnish a written account of such unsatisfactory performance 2. The discovery or suspicion of any intoxicant or unprescribed drug in the possession of any inmate worker. K. The visiting of an inmate by any unauthorized person shall not be permitted. If any person is found visiting with an inmate, his or her name and description shall be given to Department authorities. If it is 10 STANDARD WORK PROVISION Attachment#1 INMATE WORK PROGRAMS ADC Contract No. 15-191-20 not possible or feasible to obtain names, other identification such as automobile make, description and license number shall be obtained when possible. L. Any allegations of non-compliance with Department written instructions,or other Contractor misconduct, shall be subject to investigation by the Department (Choice b)Note: Use the Standard Work Provisions below if there will not be an on-site Correctional Officer. INMATE WORK PROGRAM UTILIZING CONTRACTOR SUPERVISION A. No inmate shall be placed m a supervisory capacity over any other inmate. B. Department authorities shall be notified of unsatisfactory work or malingering of inmates and, if requested,the Contractor shall furnish a written account of such unsatisfactory performance C. The Department shall receive immediate notification of an mmate's failure to remain at work in accordance with assigned job duties. D. The Department shall receive immediate notification of the discovery or suspicion of any intoxicant or unprescribed drug in the possession of any inmate worker. E In the event of accident or serious illness while on the job, the Contractor may administer first aid as necessary and shall notify Department authorities without delay If necessary, in the mterest of life or limb, the inmate may be transported to the nearest hospital. Inmate workers shall not be transported in privately owned vehicles at any time. F. The Contractor shall provide training and special protective clothing if work environment necessitates use of specific safety precautions or if inmates must work with, near, or around hazardous materials, e.g., asbestos, explosives, radioactive substances Provision of training shall be documented in writing for each inmate participant. Special protective clothing may include,but shall not be limited to,shoes, safety glasses,gloves,goggles,protective outerwear,hats,etc. G. The Contractor shall provide instruction to all inmate workers regarding necessary safety precautions at the job site If inmate workers are required to operate special equipment as part of their job duties, appropriate training specific to its use shall be provided and documented H. Contractor's supervisors shall have knowledge and training related to the particular work tasks described in the Contract to ensure that qualified technical supervision and assistance shall be provided to inmate workers as applicable to job requirements. I. All equipment, machinery and tools needed to accomplish designated work assignments shall be maintained in good repair and working condition by the Contractor J. The Contractor shall comply with the required standards of the Occupational Safety and Health Act (OSHA) during the term of this Contract relative to safety of the work environment and equipment used by assigned inmate workers K. The confidentiality of information regarding any inmate worker acquired in the course of service pursuant to this Contract shall be maintained in accordance with A.R.S. § 31-221, and no information shall be released without prior written authorization from a representative of the Department. 11 STANDARD WORK PROVISION Attachment#1 INMATE WORK PROGRAMS ADC Contract No. 15-191-20 L. The Contractor's personnel shall be instructed that it is unlawful for anyone to give, take or in any manner barter with inmates, i.e.,the supplying of any goods, including food and soft drinks or monies,constitutes a felony for which they can be prosecuted Inmates are not permitted to work where there are alcoholic beverages or illegal drugs M. The Contractor's personnel shall not handle any mail, notes, packages, or verbal messages for assigned inmates No inmate shall be permitted to make or receive telephone calls unless the call is made to or received from the prison facility in which the inmate is incarcerated. N. An authorized representative of the Department shall be permitted to visit or telephone assigned inmates at the prescribed place of work, or to otherwise communicate with the Contractor to discuss each inmate's work performance,work attendance and general behavior O. The visiting of an inmate by any unauthorized person shall not be permitted. If any person is found visiting with an inmate, his or her name and description shall be given to Department authorities. If it is not possible or feasible to obtain names, other identification such as automobile make, description and license number shall be obtained when possible. P. Any allegations of non-compliance with Department written instructions,or other Contractor misconduct, shall be subject to investigation by the Department 12 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN Developed by: State of Arizona,Department of Administration Risk Management Section Provided by: Mike Foster,Manager, Safety and Environmental Services, Administrative Services Division 1 PROGRAM OBJECTIVES 1.1 This Safety and Loss Prevention Program is established to exercise all available means of eliminating or controlling hazards and risks associated with renovation and construction projects. 1.1.1 Minimize Personal injuries, 1.1 2 Maximize Property Conservations, 1.1.3 Achieve Greater Efficiency; and 1 1 4 Reduce Direct and Indirect Costs 1 2 The effectiveness of Safety and Loss Prevention Program will depend on the active participation and full cooperation of all involved with the project to include management, supervisors, inmates,and employees, and their efforts in carrying out the following basic responsibilities. 1.2.1 Plan all work to minimize personal injury,property damage and loss of productive time. 1 2.2 Properly select inmates/employees based upon their skill level for the necessary job tasks. 1.2.3 Provide for the protection of adjacent property and safety of the public. 1 2.4 Coordinate activities with others at the work location 1.2.5 Establish and conduct an educational program to stimulate and maintain interest and participation of all inmates and employees through 1.2 5 1 Safety Meetings; 1 2.5.2 Prompt investigation of all accidents and serious potential mcidents to determine cause or causes and take necessary corrective action to eliminate a recurrence of a loss or incident 1 2.5 3 Use of proper work methods, personal protective equipment, and mechanical guards; 1.2.5 4 Employee/inmate safety instructions to all assigned work;and 1.2 5.5 Safety training programs. 2 RESPONSIBILITIES 2.1 It is the purpose of the program to organize and direct activities,which will: 2.1 1 Avoid injunes 2 1.2 Reduce construction interruption due to an accident 2.1.3 Assure a safe and healthy place to work. 13 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN 2.2 The Project Manager is required to establish and administer a site-specific safety program and will 2.2.1 Make periodic loss prevention surveys 2.2.2 Submit written recommendations. 2.2.3 Periodically attend safety meetings. 2.2.4 Assure safety orientation meetings for employees/inmates are conducted and documented 2.2.5 Provide warning signs, safety literature, reporting forms, and other educational and training materials as deemed appropriate. 2.2.6 Maintain a written comprehensive Safety and Loss Prevention manual. 2.2.7 Give due consideration to all safety factors during pre-planning. 2.2.8 Employ only those individuals physically and mentally capable of perfomung in a safe manner. 2 2 9 Comply with the Occupational Safety and Health Act and all other applicable Federal, State and Local regulations. 2.2.10 Provide and enforce the use of all necessary testing equipment for employee/inmate health and safety. Provide and enforce the use of personal protective equipment and use only where Engineenng controls are not feasible. 2.2.11 Provide properly guarded and maintained tools,machinery and equipment. 2.2.12 Maintain necessary accident records and promptly file the reports required by the State or Federal authorities and the insurer. 2.2.13 Promptly investigate any incident that causes injury or damage to property. 2.2.14 Plan and schedule work operations so as to control personal injury and property damage hazards. 2.2.15 Maintain good housekeeping conditions and fire protection equipment 2.2 16 Maintain an effective equipment mspection and maintenance program. 2.2.17 Provide proper and specific work task training for employees/inmates regarding the hazards of their jobs and how to work safely. 2.2.18 Correct unsafe work habits of employees/inmates as soon as they are observed. 2.2 19 Eliminate unsafe conditions under their control and promptly report those they cannot eliminate to the proper authority. 2.2.20 Conduct weekly toolbox meetings with all employees/inmates and maintain written records of these meetings. The written record shall include the date, topic discussed, comments, and attendees. 14 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN 2.2 21 Ensure each employee/inmate understands that violations of the project safety program will not be tolerated and that proper disciplinary action will be administered, including removal from the Project for violation of safety policy. 3 GENERAL SAFETY REQUIREMENTS 3.1 Laws and Regulations. 3.1.1 Responsible project management representatives shall comply with and enforce all local, state and federal laws, rules, statutes and regulations of governing or regulatory bodies within the geographical scope of its operations. They will also cooperate with all regulatory agencies regarding job site safety and health, and allow full access to the project for visitation 3.2 Audit Procedures: 3 2 1 All documentation regarding safety training, hazard communication, electrical safety programs, equipment safety programs, equipment inspection and maintenance records, and fire protection inspection shall be kept on the job site. 3 3 Drug and Alcohol Policy: 3.3.1 The possession or use of any non-prescribed drug or any alcohol beverage on the job site is strictly prohibited. 4 SPECIFIC REQUIREMENTS 4 1 Emergency Procedures Guideline: 4.1.1 The Project Manager will set up emergency procedures for the following categories 4.1.1.1 Fire 4.1.1 2 Injuries 4.1.1.3 Injury to the general public 4.1.1.4 Property damage, particularly to utilities; i.e., gas, water, sewage, electrical, telephone,or pedestrian and vehicle routes. 4.1.1.5 Public demonstrations 4.1.1.6 Bomb threats 4.1.1.7 Other exposures at the construction site 4.1.2 In order that necessary emergency services are supplied promptly, the Project Manager shall: 4 1 2 1 Post in a conspicuous place, a list of emergency phone numbers, along with the type of information to be transmitted for each emergency situation. 4 1 2.2 Delegate responsibility for making emergency calls. 4 1.3 It is the responsibility of the Project Manager to ensure immediate (5 min or less) reliable emergency medical response is available or to provide full time dedicated, trained emergency medical staff and facilities to be available to all employees/inmates If employees/inmates are working with matenals that could adversely affect their respiration, or are subject to electrical shock that could cause loss of the breathing function, and medical response is longer than 3 to 4 15 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN minutes, the Project Manger must adhere to the OSHA rules and regulations, 29 CFR 1926.50, regarding medical response for a construction site 41 4 The Project Manager's emergency procedures should be reviewed regularly and, where necessary, adjusted to provide maximum effectiveness. 4.2 Protection of the Public: 4.2.1 The Project Manager shall take all necessary precautions to prevent injury to the public or damage to property of others. The term "public" shall include all persons not engaged in the project or others working under his/her direction. Precautions to be taken shall include, but not limited to, the following. 4.2.1.1 Work shall not be performed in any area occupied by the public unless specified permitted by the contract or in writing by the Project Manager. 4.2.1 2 When it is necessary to maintain public use of work areas involving sidewalks, entrances to buildings, lobbies, corridors, aisles, stairways and vehicular roadways, the Project Manager s shall protect the public with appropriate guardrails, barricades, temporary partition shields, and adequate visibility. Such protection shall guard against harmful radioactive rays or particles, flymg materials,falling or moving materials and equipment,hot or poisonous materials, explosives and explosive atmospheres, flammable or toxic liquids and gasses, open flames, energized circuits or other harmful exposures. 4 2 1 3 Sidewalks, entrances to buildings, lobbies, corridors, aisles, doors or exits shall be kept clear of obstructions to permit safe ingress and egress of the public at all times. 4.21.4 Appropriate warnings, signs, and instructional safety signs shall be conspicuously posted where necessary In addition, a signal shall control the movement of motorized equipment in areas where the public might be endangered. 4.2.1 5 Sidewalk sheds, canopies, catch platforms and appropriate fences shall be provided when it is necessary to maintain public pedestrian traffic adjacent to the erection, demolition or structural, alteration of outside walls on any structure. The protection required shall be in accordance with the laws and regulations of the regulatory bodies. 4.2 1 6 A temporary fence shall be provided around the perimeter of above ground operations adjacent to public areas except where a sidewalk shed or fence is, if provided by the contract or as required by Subparagraph 5 above. Perimeter fences shall be at least six feet high and/or in compliance with the laws and regulations of the regulatory bodies involved. 4 2 1.7 Guardrails shall be provided on both sides of vehicular and pedestrian bridges, ramps, runways and platforms. Pedestnan walkways elevated above adjoining surfaces, or walkways within six feet of the top of excavated slopes or vertical banks shall be protected with guardrails, except where sidewalk sheds or fences are provided as required by Subparagraph 5 above. Guardrails shall be made of 16 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN rigid materials capable of withstanding a force of at least 200 pounds applied in any direction at any point in their structure. Their height shall be approximately 42-inches. Top rails and post may be 2-inches by 4-inches dressed wood or equal. Intermediate horizontals rails at mid-height and toe boards at platform level may be I-inch by 6-inch wood or equal. Posts shall not be over eight feet apart. '�` 4 2 1 8 Barricades meeting the requirements of the political subdivision involved shall provided where sidewalk sheds, fences or guardrails as referenced above, are not required between work areas and pedestrian walkways, roadways or occupied buildings. Bamcades shall be secured against accidental displacement and shall be maintained to perform the work. During the period a barricade is removed temporarily for the purposes of work,a watchman shall be placed at all openings 4 2.1.9 Temporary sidewalks shall be provided when a permanent sidewalk is obstructed by the Trade Subcontractor's or any tier operations. They shall be in accordance with the requirements of the political subdivision involved. Guardrails shall be provided on both sides of temporary sidewalks. 4.2.1 10 Warning signs and hghts including lanterns, torches, flares and electric lights, meeting requirements of the political subdivision involved, shall be maintained from dusk to sunrise along guardrails, barricades, temporary sidewalks and at every obstruction to the public. These shall be placed at both ends of such protection or obstructions and not over 20 feet apart alongside of such protection or obstructions. 4.3 Housekeeping 4.3.1 During the course of construction/renovation,housekeeping practices will be followed to keep the work areas, passageways, and stairs in and around the buildings or other structures, free from debris of all types. 4 3 1 1 This shall include scrap lumber and form lumber with protruding nails 4.3.1.2 Combustible scrap and debris shall be removed at regular intervals. Containers shall be provided for the collection of scrap,trash and other debris. 4.4 Personal Protective Equipment: 4.4.1 The Project Manager shall be responsible for requiring the wearing of appropriate personal protective equipment m all operation where there is an exposure to hazardous conditions or where there is an indication of the need for using such equipment to reduce the hazard to employees/inmates. Such equipment will be used where engineering out the hazard is not feasible. 4.5 Flammable and Combustible Liquids: 4.5 I Flammable and combustible liquids shall be stored and dispensed in compliance with regulations and rules established by the governing regulatory bodies. 17 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN 4.5.2 Any leakage or spillage of flammable or combustible liquids shall be cleaned up immediately and disposed of promptly and safely. 4.5.3 Transfer of flammable liquids from one container to another shall require electrically bonding the containers. 4.5 4 Small quantities of flammable liquids that may be used at various points on the Job Site shall be handled m approved safety cans. 4.5.5 No smoking, matches, or open flames will be permitted within 50 feet of the area where flammable liquids are used or transferred,unless conditions warrant greater clearance. 4.5.6 Fuel trucks will properly marked, contents clearly identified, posted and with proper fire protection. 4.5.7 Fuel tanks over 500 gallons will be diked, grounded, and protected from contact by vehicles on all sides. Proper identification of tanks and access for measurement will be maintained. 4.6 Tools—Hand and Power 4.6.1 All hand and power tools and equipment shall be mamtamed in a safe condition. The Project Manager shall be responsible for the condition of all tools or equipment used by employees/inmates. 4 6.2 Power operated tools that are designed to accommodate guards shall be equipped with such guards while in use. 4.6.3 Belts, gears,shafts,pulleys, sprockets, spindles, drums, flywheels,chains, or other reciprocating, rotating or moving parts of such equipment or tools shall be guarded if such parts are exposed to contact. 4.6.4 Wrenches shall not be used when the jaws are sprung or worn to the point that slippage occurs 4 6.5 Impact tool such as wedges and chisels shall be kept free of mushroomed heads. 4.6.6 Wooden handles of tool shall be kept free of splinters and cracks and shall be kept tight in the tool 4.6.7 All hand-held powered drills, fastener dnvers, grinders with wheels greater than 2-inches in diameter, disc sanders, belt sanders, reciprocating saws, saber saws and similar operating power tools shall be equipped with a momentary contact off-on control and may have a lock-on control provided that turn off can be accomplished with a single motion of the same finger or fingers that turn it on. 4.6.8 All other hand-held powered tools such as circular saws, chain saws, and percussion tools with positive accessory holding means,shall be equipped with a constant pressure switch that will shut off power when the pressure is released. 4 6 9 The use of electrical cords for hoisting or lowering tools shall not be permitted. 18 STANDARD WORK PROVISION Attachment#2 SITE SAFETY AND ADC Contract No. 15-191-20 HEALTH PLAN 4 6 10 Pneumatic power tools shall be secured to the hose or whip by some positive means to prevent the tool from becoming accidentally disconnected. Each section of supply hose to pneumatic tool shall also be secured by some positive means to prevent accidental disconnection. 4.6.11 Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to prevent attachments from being accidentally expelled. 4 6 12 Pneumatic hoses shall not be used as a means of hoisting or lowering tools 4.6.13 Only employees/inmates who have been trained in the operation of the particular tool in use shall be allowed to operate a power-actuated tool 4.6.14 Power-actuated tools shall be tested each day before Ioading to see that safety devices are in proper working condition. The testing shall be done in accordance with the manufacturer's recommended pressure. 4.7 Earth Moving Equipment: 4.7 1 Operators will receive instructions on proper mounting and dismounting of equipment 4 7.2 Operators shall wear seat belts while vehicle is in motion. 4 7 3 Equipment shall be in safe operating condition and inspected daily for proper braking and hydraulic systems and tires. 4 7 4 Dozer, loader, scraper, backhoe buckets, glades and pans will be grounded before the operator dismounts 4.7.5 Pnor to mounting any equipment,the operator will visually inspect the area not visible from the operator's station. 4.7.6 Equipment will have audible warning devices in good working order. 19 STANDARD WORK PROVISION Attachment#3 INMATE WORK PROGRAMS ADC Contract No. 15-191-20 LETTER OF INSTRUCTION REQUEST FOR AUTHORIZATION UTILIZING INMATE WORKERS FOR OPERATION OF OFF-ROAD MOBILE EQUIPMENT Inmate Work Contracts between the Department and the Contractor provide authorization for assigned inmate Ilik workers to operate off-road mobile equipment under certain conditions. This Letter of Instruction provides the procedure for obtaining approval to utilize inmate workers on Contractor's off-road mobile equipment. 1 The Contractor shall provide written notice advising of the need to utilize inmate workers to operate specific off-road mobile equipment. The request shall include the following information: 1 1 A complete list describing the type(s)of off-road mobile equipment to be operated; 1.2 Identification of specific training inmates will receive for each type of off-road mobile equipment; and 1 3 A list of inmates,to include the inmate's Department identification number,for whom approval is being requested. The list shall reflect the type(s) of mobile equipment to be operated,specific to each inmate worker. 2 The Department shall acknowledge the Contractor's request and, after coordinating with institution officials, notify the Contractor in writing of those inmates approved to be trained to operate off-road mobile equipment The Contractor shalt not proceed with training until wntten notice of authorization is received from the Department. 3 Once approval to proceed with training is received, the Contractor shall provide safety and operational training to approved inmates for each type of specified off-road mobile equipment. The manufacturer's supplied training materials and/or materials developed in accordance with Occupational Safety and Health Act (OSHA) guidelines, for each specific type of mobile equipment, should meet the training requirements for each inmate operator Copies of training materials shall be provided to the Department .•. for record keeping purposes. 4 Once training is complete, the Contractor shall furnish documentary evidence of satisfactory completion of training for each inmate. The documentation shall include the inmate's certification by signature that he/she understands the operation and safety issues of each type of mobile equipment he/she has been trained to operate. 5 Following review of training documents provided by the Contractor, and/or designee, the Department shall furnish the Contractor with notification of approval for individual inmates. Contractor shall maintain records of training and authorization for all inmate workers as long as they are engaged in this inmate work program. 6 The Contractor shall acquire and maintain applicable msurance in compliance with State requirements. 20 CONTRACTOR Attachment#4 AUTHORIZED WORK LOCATION (s) ADC Contract No. 15-191-20 City of Apache Junction 300 E.Superstition Blvd. Apache Junction,Arizona 85118 21 ROLL CALL VOTE NOTES qfri5 ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED OUN COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER ✓ COUNCLMEMBER EVANS V MAYOR INSALACO ✓ UNANIMO IN FAVOR OPPOSED ABSTAINED TOTAL may, .0•4►. CONSENT AGENDA ITEM NOS. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT THE AWARD OF BID FOR PWC2012-17, INTERSECTION AND DRAINAGE IMPROVEMENTS AT BROADWAY AVENUE AND DELAWARE DRIVE, BE AWARDED TO SDB CONTRACTING SERVICES THROUGH CITY OF CHANDLER COOPERATIVE CONTRACT NO. 1201-401 IN THE AMOUNT OF $1,088,757 00 PLUS 10%FOR UNFORSEEN CHANGE ORDERS IN THE AMOUNT OF $108,875.70 FOR A TOTAL AMOUNT NOT TO EXCEED $1,197.632.70, AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A NEW REPLACEMENT 2015 821F CASE LOADER FROM TITAN MACHINERY THROUGH COOPERATIVE MINNESOTA DEPARTMENT OF TRANSPORTATION CONTRACT L-331(5) FOR A TOTAL AMOUNT NOT TO EXCEED $228,913.76, AND THAT APPROVAL BE GIVEN TO PURCHASE ONE NEW REPLACEMENT 2015 FORD PURSUIT UTILITY INTERCEPTOR, ONE NEW REPLACEMENT 2015 FORD F-150 SUPER CREW PICKUP AND ONE NEW REPLACEMENT 2015 FORD EDGE FOR THE POLICE DEPARTMENT FROM SAN TAN FORD THROUGH COOPERATIVE ARIZONA STATE CONTRACT#ADSPO12-016671 FOR A TOTAL AMOUNT NOT TO EXCEED $102,100.00, AND THAT APPROVAL BE GIVEN FOR THE CONTRACT BETWEEN THE CITY OF APACHE JUNCTION MUNICIPAL COURT AND THE ARIZONA DEPARTMENT OF CORRECTIONS FOR INMATE WORK, WITH CLERICAL CORRECTIONS AS REFLECTED, IN AN AMOUNT NOT TO EXCEED $8,000, AND THAT AUTHORIZATION BE GIVEN FOR PRESIDING MAGISTRATE JAMES W. HAZEL TO SIGN THE CONTRACT. 0/ , City of Apache Junction, Arizona 300 E Superstition Boulevard zAgenda Item Cover Sheet Apache Junction,AZ 85119 .}�j�,�� Agenda Item No.7. Atifi=„. File ID: 15-219 Sponsor. John Insalaco Agenda Date. 7/21/2015 Index-Communication Outreach In Control: City Council Meeting Presentation of Drowning Impact Awareness Month Proclamation Fire and Life Safety Specialist Tina Gerola of Superstition Fire & Medical District will be in attendance to accept the proclamation Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 a I I tit rottamatton DROWNING IMPACT AWARENESS MONTH AUGUST 2015 .� WHEREAS, Drowning Impact Awareness Month will raise awareness that the number and impact of child drownmgs in Arizona affects everyone;and WHEREAS, the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year;and WHEREAS, a child drowning can happen to any family regardless of education,race or socio-economic background; and WHEREAS, families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life,and WHEREAS, water safety remains a priority for Arizona families, communities,and government,and Water Watchers at Phoenix Children's Hospital;and WHEREAS, keeping children healthy and safe is the goal of Water Watchers of Phoenix Children's Hospital, fire departments and other prevention institutions in Arizona, raising awareness will increase understanding and education of effective ways to prevent drownings. NOW, THEREFORE, I, John S Insalaco, Mayor of the City of Apache Junction,Arizona,do hereby proclaim August 1 through 31,2015 as DROWNING IMPACT AWARENESS MONTH in the City of Apache Junction. Signed and attested to this;;.'//aay of A /.- ,2015. r OHN S.IN ALACO Mayor ATTEST• i ,c—i.' r /.4 Lid• KATHLEEN CONNELLY City Clerk 1.5*C6r City of Apache Junction, Arizona 300E Superstition 447 `a, Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.8. File ID: 15-268 Sponsor. Liz Langenbach Agenda Date. 7/21/2015 Index. In Control:City Council Meeting Proclamation designating the month of July as Parks and Recreation Month Attachments• City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 proclamatt`on Designation of July as Parks and Recreation Month WHEREAS parks and recreation programs are an integral part of communities throughout this /'\ country,including the City of Apache Junction,and WHEREAS our parks and recreation programs are vitally important to establishing and maintaining the quality of life in our communities,ensuring the health of all citizens,and contributing to the economic and environmental well-being of a community and region,and WHEREAS parks and recreation programs increase a community's economic prosperity through increased property values,expansion of the local tax base,increased tourism,the attraction and retention of businesses,and crime reduction;and WHEREAS parks and recreation areas are fundamental to the environmental well-being of our community,and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors,and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month,and WHEREAS The City of Apache Junction recognizes the benefits derived from parks and recreation resources NOW, THEREFORE, I, John S. Insalaco, Mayor of the City of Apache Junction, Arizona,do hereby proclaim July 2015 as PARKS AND RECREATION MONTH Signed and attested to this i7417 day of ,2015 /11Q/f/ -;0 J N S.INSALACO ayor ATTEST: eX r/ KATHLEEN CONNELLY City Clerk c"t City of Apache Junction, Arizona 300EB Superstition levard �f ��� Apache Junction,AZ 85119 , Agenda Item Cover Sheet / Agenda Item No 9 File ID: 15-218 Sponsor. Bryant Powell Agenda Date.7/21/2015 Index' In Control City Council Meeting +. City council recognition and appreciation of City Manager George Hoffman's years of service and commitment to the City of Apache Junction Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 Elk II' I : City of Apache Junction, Arizona 300 E Superstition Q. c;. Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 10 File ID: 15-234 Sponsor Bryant Powell Agenda Date 7/21/2015 Index In Control City Council Meeting City manager's report Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 "�,� City of Apache Junction, Arizona 300 E Superstition(t Boulevard zAgenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. Z.14, File ID: 15-265 Sponsor Bryant Powell Agenda Date. 7/21/2015 Index: In Control: City Council Meeting Presentation by and discussion with Executive Director Sue Black of the Arizona State Parks Department Director Black will provide an upate on Lost Dutchman State Park Attachments: City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 t'ACh'EJr,, City of Apache Junction, Arizona 300 E Superstition (tf Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 y Agenda Item No 12 14 File ID' 15-276 Sponsor Kathy Connelly Agenda Date 7/21/2015 Index. Budgetary Item In Control. City Council Meeting Discussion and direction on the Request for Qualifications (RFQ) for visitor center services Council previously discussed the visitor center services proposals at the June 15, 2015 work session This item provides the opportunity to direct staff on how to proceed with visitor center services and the related RFQ Attachments. City of Apache Junction,Arizona Page 1 Printed on 7/14/2015 7firs-211 11 alrjgeg DATE July 7, 2015 MEMORANDUM TO. The Honorable Mayor and City Councilmembers MEMORANDUM THROUGH Bryant Powell, City Manager Janine Solley, Economic Development Administrator MEMORANDUM FROM Elan Vallender, Economic Development Specialist SUBJECT Operation of a Local Visitor Information Center The City is seeking a consultant to provide a service to current and prospective residents and visitors whereby individuals looking for information about the Apache Junction area could have access to free information and resources through a clearly identified center Ink On April 15, 2015, an Invitation for Request for Qualifications for the Operation of a Local Visitor Information Center was released At the June 15, 2015 City Council Work Session, there was a presentation and discussion at which staff made a recommendation to award the contract to the Apache Junction Chamber of Commerce and Visitors Center Staff is seeking direction on how Council would like to advance this item. Several options to consider • Accept the staff recommendation as presented at the June 15, 2015 work session • Modify the staff recommendation • Reject all bids and release a new Request for Qualifications .... p Should it be decided to reject all bids and release a new Request for Qualifications ("RFQ"), the "Scope of Work" included in the April 15, 2015 RFQ (attached to this memo) or any terms of the agreement may also be modified. This may include, but is not limited to • Changing the term/renewal options of the agreement (current RFQ specified a 3- year term) • Requiring the consultant to produce and make available some format of a listing of storefront businesses in the city limits of the City of Apache Junction that would be easily accessible and available to all patrons of the Visitors' Center • Explaining the standard operating procedure used to train volunteers at the Visitors' Center on how they refer patrons to businesses and area attractions • Requiring a quarterly report detailing the expenditure of City funds that includes a description of all work and documentation for actual expenditures with relevant bills, receipts and statements • Requiring quarterly reports that describe any and all progress made (as identified in the final Scope of Work) be submitted, and that service provider agrees to submit to the city typed or prepared word processor quality reports. • A reporting mechanism (either written, Council/Consultant periodic informal meeting, Council meeting presentation/updates, etc ) whereby Council can periodically get updates from the consultant or address areas of concern • Any other deliverables council feels important to include as part of a new Scope of Work o. July 16, 2015 City of Apache Junction Bryant Powell, City Manager The Honorable John Insalaco, Mayor and City Councilmembers 300 East Superstition Blvd Apache Junction,AZ 85119 RE: Visitors Information Center Dear Mr. Powell, Mayor Insalaco and City Councilmembers, In an effort to work with the City of Apache Junction, as the City navigates through the selection and eligibility process of awarding a contract to operate the Apache Junction Visitor Information Center, I offer the following questions and suggestions My concerns and objectives are to aid and assist the City to objectively clarify and possibly modify language of the agreement to ensure the City is being represented and those tax dollars being spent are properly dispersed The RFQ is currently well designed, unfortunately, I believe more stnct measures of accountability and oversite is needed to ensure the highest of ethical standards by more clearly stating the requirements of Public Information Disclosure, accountability and Transparency by and between both parties • Official City Form. Consider the development of an official City Financial Form that will be filled out by the Consultant every quarter. This form will include all standard accounting information and supporting documents as well as a monthly verified door count of visitors and the identification by name and title of who is operating the Center on the City's' behalf Language could include notification to the City within 10 days of any change to staff The RFQ currently requires identification by way of submitting resume's of those individuals who will be in-charge of the day-to-day operations. The current contract held by the Apache Junction Chamber of Commerce in their quarterly financial reports to the City identifies the President/CEO, the Visitors Center Manager and the Coordinator Each of these individuals receive a salary to perform the duties The three staff identified are not City employees but serve as representatives of the Official Visitors Information Center, therefore, the City is entitled to know who it is that is representing the City and language should be included that identifies basic minimum qualifications for any person volunteer or staff that represents the City • City/Consultant Relationship: The Consultant will clearly identify by signage inside and outside of its physical location that this location is the "Official"Apache Junction Visitor Information Center(VIC) Official VIC Staff will be identified with a marque inside the building and business cards with name and title.All volunteers shall be identified with ID cards and"Official" Shirt or Blazer with City logo. The signage both in and outside of the building will be of a size that is in common with other building signage To ensure clarity of the 20 proclaimed Volunteers—who do they represent?The City, as volunteers for the Visitors Information Center or the Consultant, in this case the oa Page 2 July 17, 2015 Chamber of Commerce? Both? • City Oversite: The City will designate and identify one city official who will have the duty to oversee the compliance of all Exhibits and Conditions of the agreement to ensure the City is protected and the Consultant has the City's best interest in mind. To further ensure that no ethical and conflict of interest the City will not participate on the Board of the Consultant either in official or ex-official status Any business conducted between the City and Consultant will be scheduled at least monthly with an agenda • Volunteers: The Consultant will provide a plaque with a list of all volunteers that work the VIC and years served. It shall be placed in a place of prominence within the lobby area of the consultant for all Visitors to easily identify and read. Publications and web- site shall include a complete description of the Apache Junction Visitors Information Center including a description of services, volunteers and staff who operate the center • RFQ Scoring—Currently the RFQ's submitted for review prior to award are reviewed by a panel selected by the City In most cases the incumbent would submit and file an answer to the RFQ with the expectation of being awarded the new contract Regardless of the number of responses to the RFQ, fundamentally,the incumbent has an advantage simply because the incumbent is familiar with and has historically performed the conditions of the agreement. In this scenario shouldn't the City hold any incumbent to a higher standard? With the City having an existing relationship with any incumbent the City should review all aspects of the existing agreement and objectively consider SUBTRACTING scoring points for any non-compliance, non-performance of the agreement. The incumbent in order to retain or be awarded a new contract has to provide and prove that they offer the best services and are in compliance with all conditions of the existing agreement • Length of agreement. If the proper oversite is in place, a three year agreement is appropriate especially when the consultant has responsibilities of multiple programs to support and develop by and with the City One year or one cycle working with the City may not be enough time to evaluate the consultants performance.A clause stipulating the opportunity of two additional one year terms might be considered only if the consultant has met all conditions of the initial three year agreement This would provide incentive for the consultant to want to meet EVERY condition and terms of the agreement Respectfully submitted, p Y Wa-tet- K. CLa-rk, Walter"Harvey" Clark P.O. Box 69 Apache Junction,AZ 85117 ROLL CALL VOTE NOTES: ITEM # 1 MEETING OF paid- MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON 1.J COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER ✓ BER SON COUNCILMEMBER RIZZI c/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �/ ITEM NO. 12 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUEST FOR QUALIFICATIONS FOR VISITOR CENTER SERVICES• OPTION 1: (3 year agreement with Chamber of Commerce) THAT STAFF PREPARE A THREE YEAR AGREEMENT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE REQUEST FOR QUALIFICATIONS AND SCOPE OF WORK; THAT THIS AGREEMENT BE PRESENTED FOR CONSIDERATION AT THE AUGUST 4, 2015 CITY COUNCIL MEETING AND BE RETROACTIVE TO JULY 1, 2015 OPTION 2: (3 year agreement with Superstition Mountains Regional Business Alliance) THAT STAFF PREPARE A THREE YEAR AGREEMENT WITH THE SUPERSTITION MOUNTAINS REGIONAL BUSINESS ALLIANCE IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE REQUEST FOR QUALIFICATIONS AND SCOPE OF WORK, THAT THIS AGREEMENT BE PRESENTED FOR CONSIDERATION AT THE AUGUST 4, 2015 CITY COUNCIL MEETING AND BE RETROACTIVE TO JULY 1, 2015. ,— OPTION 3• (reject all bids and issue a new Request for Qualifications for a one year contract) THAT WE REJECT ALL BIDS AND THAT STAFF ISSUE A NEW REQUEST FOR QUALIFICATIONS FOR A ONE YEAR CONTRACT TO INCLUDE THE SCOPE OF WORK AS ATTACHED TO THE INITIAL REQUEST FOR QUALIFICATIONS AS WELL AS THE FOLLOWING PROVISIONS (refer to page 2 of`he Jul 7, 2015 me from. 'lan Vallender and/or add your own provisions) n GU7 ROLL CALL VOTE NOTES: g/3 /14 3' ITEM # MEETING OF hd / MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER V COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON ✓ COUNCILMEMBER SERDY BER ON MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL oak /'•N ANN ITEM NOS. 13-14 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M.,AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, AUGUST 3, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, AUGUST 4, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. .r: ROLL CALL WS. I REG 'IlY l , SPEC: CITY COUNCIL: P / A P / A P / A MAYOR INSALACO V i.>/ VICE MAYOR BARKER / COUNCILMEMBER EVANS ✓ +/ COUNCILMEMBER RIZZI jf COUNCILMEMBER SERDY V V COUNCILMEMBER WALDRON / 0/ / COUNCILMEMBER WILSON 1 ruyi-- TOTAL / 1 CITY STAFF I )4) City Manager Bryant Powell 17 Assistant City Manager ' City Clerk Kathleen Connelly i/ City Attorney Joel Stern / of Public Safety Director Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell / / Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch ‘ Human Resources Director Liz f Riley 1 Assistant to the City Manager / /_ 91-11/)-1 Matt Busby - cii.), "i, . / 1 , f OTHERS P4 .),/, 61,,,,---/ cji / , vi f , , . -1,‘,7 ,.. r 5r n- I Date: t! 'J4(5 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yeso Noo Only If Necessary ❑ ❑ I am in favor of the proposed Item. o I am opposed to the proposed Item. Airb'K 10,-74*0_,,,cre/C Name Prin (I.W7 LIA- A 1-1?v,w,,,/ s 0 772 o Address City Zip Code ;201 / 0( r76 6 b+/e 6 g.41-, 6a //hY/� Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. f -nsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12 Date: 0-1 l `c CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. OR Call to The Public . (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ Noo Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 4 TOAcA .\-\-00Tc Name (Print) /l'?' Address i Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. nsent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12