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2011 09.19 City Council Work Session Agenda
Pp AC HE�G Ok •p yn� a a City of Apache Junction Home of the Supe;:c;ztton .1.1ountains galzoNr APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 Monday, September 19, 2011 7:00 PM AGENDA 1 CALL TO ORDER. 2 ROLL CALL. 3 ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS. Discussion on the process for the annual board and commission appointments and reappointments 4 PRESENTATION AND DISCUSSION ON THE APACHE JUNCTION COMPREHENSIVE TRANSPORTATION PLAN. Presentation and discussion by Charla Glendening, Senior Transportation Planner for ADOT and Rick Powers P.E.,Project Manager for Jacobs Engineering giving City Council an update on the Apache Junction Comprehensive Transportation Plan This study includes short-, mid-,and long-range multimodal transportation improvements to serve motorists, pedestrians, bicyclists, and equestrian riders. 5. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-46 AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT THE PINAL COUNTY MULTI JURISDICTIONAL HAZARD MITIGATION PLAN 2010 AS AN OFFICIAL PLAN OF THE CITY. Presentation and discussion on Resolution No 11-46 authorizing the City to adopt the Pinal County Multi Jurisdictional Hazard Mitigation Plan 2010 as an official plan for the City The Plan recommends several actions/projects that will provide mitigation for specific natural and human caused hazards that impact the citizens of Apache Junction. O. PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-42, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF KEARNY ALLOWING PARTICIPATION IN THE TRAINING OF PUBLIC SAFETY STAFF. By entering into this agreement,the city agrees to participate in the training of public safety staff with the Town of Kearny 7 PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-43, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR SAFE ROUTES TO SCHOOL CYCLE 5 FUNDING. The City was awarded$35,000 through the Arizona Department of Transportation Safe Routes to School program The grant award is to provide education programs and police enforcement to benefit Superstition Mountain Elementary, Cactus Canyon Jr. High, and Four Peaks Elementary. 8 PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-45, AUTHORIZING THE CITY TO ENTER INTO A SERVICE AGREEMENT WITH PINAL COUNTY FOR REHABILITATION SERVICES. Pinal County has received$3,168,315 in federal Neighborhood Stabilization Program funds These funds were made available through the U S Housing &Urban Development Neighborhood Stabilization Program The program provides targeted emergency assistance to state and local governments to acquire, redevelop or demolish foreclosed properties.This will meet the HUD objective of stabilizing neighborhoods damaged by foreclosure,vacancy or abandoned properties. Pinal County does not have the capacity or resources to perform all of the necessary tasks required to complete the project.Therefore, Pinal County has asked the City to provide specific services in exchange for compensation. PRESENTATION AND DISCUSSION ON AMENDMENT ALLOWING A THREE MONTH EXTENSTION TO THE AGREEMENT (CONTRACT NO. R016-10-01) WITH THE GOVERNORS OFFICE OF ENERGY(FORMERLY ARIZONA DEPARTMENT OF COMMERCE). City staff and DOE(Department of Energy)desire to amend the current agreement extending its term by three months. The extension will allow the City to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to City facilities. 10. DISCUSSION ON ENTERING INTO A CONTRACT WITH SUNLAND ASPHALT FOR THE STREET MAINTENANCE ASPHALT CONCRETE OVERLAY OF THE SIERRA ENTRADA SUBDIVISION. Discussion for the consideration of entering into an agreement with Sunland Asphalt for the street maintenance asphalt concrete overlay of the Sierra Entrada Subdivision. Project is in partial fulfillment of the FY 2011-12 Annual Street Maintenance Plan. 11 PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-44, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING TO ENFORCE MANUFACTURED HOME INSTALLATION STANDARDS. Since 1988,the City and the State Office of Manufactured Housing(OMH) have had a legal relationship whereby the City is empowered by OMH to enforce manufactured housing regulations In 2006,the City and OMH entered into another formal agreement,which now needs tr renewed for an additional five-year period. Proposed Resolution No. 11-44 authorizes the City to enter into an IGA whereby the parties will enforce OMH installation standards 12. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8.00 a.m to 5.00 p.m.,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time. Pp ACHE a, 4 O a y(� r ¢ = �'i o . ache Junction Home qf the .S upel:rtltioii Mountains 4RIZON* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Discussion on the process for the annual board and commission appointments and reappointments. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION; ATTACHMENTS: Click to download No Attachments Available Pp ACHE city of Apache Juncrion Home qf the Superciition tion :1,1 o;intains 4R1I0to' Print TO: City Manager's Office FROM: Giao Pham, P.E. Interim Public Works Director DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE APACHE JUNCTION COMPREHENSIVE TRANSPORTATION PLAN. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Presentation and discussion by Charla Glendening, Senior Transportation Planner for ADOT and Rick Powers P.E , Project Manager for Jacobs Engineering giving City Council an update on the Apache Junction Comprehensive Transportation Plan This study includes short-, mid-, and long- range multimodal transportation improvements to serve motorists, pedestrians, bicyclists, and equestrian riders FISCAL IMPACT: OPTIONS/ALTERNATIVES: IECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download No Attachments Available Apache Junction Comprehensive Transportation Study Draft Transportation Plan F.P. _ �'�_ _�•`�s*Ri}�• .. City Council Work Session September 19 , 2011 s pert <� . .e[ r I . Study Purpose The purpose of this study is to identify and address the most critical current and future transportation needs of the City of Apache Junction . Emphasis was placed on the southern portion of the City where growth is anticipated . The study included short-, mid-, and long- range � multimodal transportation improvements to serve motorists, pedestrians, bicyclists, and equestrian riders. frs_ r* A • B Apache Junction Comprehensive Transportation Study • Study Schedule MONTH % 1 2 3 4 5 6 7 8 9 i 10 11 12 13 14 15 16 Cost 1 Project Management and Coordination ■�t^= = 7�t^= 7�� �� INK^�. �t'=. �.i ��� �,� 11% > 2 Revise Work Plan =F,® 2% WP 1 3 Current Conditions FA_ 21% WP2 4 Future Conditions SEMEMEMOIMINIWNIMMI 17% $ Public and Stakeholders Involvement-Phase I 6 Evaluation Criteria and iiiimummumimiA 16% Plan for Improvements Public and Stakeholders 7% 7 Involvement-Phase II f 8 Draft Final Report :.ems' 11% 9 Final Report w!i 7% 10 Transportation Plan Maintenance w Public Meetings / GIS Transportation City/ADOT Project Manager Meeting Working Papers/Technical TAC MeetingsEasedrans p Outreach Plan Maintenance Tool Public Meeting , a, Draft Final Report t "• Final Report xxr Percent of the overall cost Summary Report ExistingConditions - ,MKI1U i _. , �.__--_— - --.�"'""" ..�..--"" y�__—_ -_"`-_` *Fa K.. a tt:. a: • 7 F Transportation Issues , I I'' ie I 'aa I t S u m m a ry joj . Blvd . `. j API r CI Intersections with High Crash Rates rill : . t i ) Mil , iti MO owil Corridors with High Crash Rates • ! 1 a 1' ;1 �Broadwa a.` • . _ : • . •;; ay Aver, Bridges Eligible for Rehabilitation t, • ' '3 Off, ti III 111111 Ave �, .,.....� ilSti 1 Intersections with Moderate toti ;iN Heavy Congestions Ave ._. 1' rn Ave E ,, ii Corridors with Moderate to t 1_M"9` ` l i y Heavy Congestions =\ { E Baseline Avc ==i _ . ._ illh ii It Access Management Issues ; • "/ I .i ) I Intersections with Potential Configuration, Sight Distance, Lanes, ,_\ \!' ;i etc Issues ;i 11 a Potential Roadway Flooding ---------- ---------- ----------------------------------- II .a Study Roadways Not Federally Classified Transportation Improvement Phases Short Mid long ............ . ,.. . iv ) Apache Junction Study 51,000 60,000 75,000 130,000 Area Pinal County 346,000 441,000 607,000 1,083,000 1 Apache Di Old West H to Lost '' Recornmendations ------- McKellipsBlvd—"'•— I ApcheDi Old Hwy •! ry 0 0` 12 Conduct a Ganda study?o: v Review and enhance signage,signal tilling, c o •Assess the need for a roundabout.loaf`. um lighting,and intersection striping 3 agtat or intersection reconstruction to o II Apache Td/Delaware Dr Short-Term (Population set sigh distance issues o ®Apache TrVldaho Rd f •Identfy proper swage type and location to direct tourist traffic ®Apache TrIllronwood Dr Level I 60 K 88 El Idaho che Lost Dutchman Blvd Ironwood Dr Lost 8 Idaho Rd/Superstition Blvd �Reconstruction�of ro a St • El Idaho Rd/Tepee St ay Clear vegetation near intersection to enhance sight distance 0 Cortez Rd/BroadwayAve aapee Sr El Cortez Rd/Junction St Capacity Improvements ©Goldfield Rd/Broadway Ave g ®Coldfeld Rd/Superstition Idvd Superstition Blvd •'yam Conduct intersection safety study to /■ Safety Improvements © mr idertify intersection safety improvements and to assess the need for photo enforcement i ® Ironwood DrBroadway Ave tH Ironwood Dr/Southern Ave Apache Trt Jund.mr St Id ©, 4 CI Other intersectionntproventents Potential Portalis Master Plan Improvements o• ®Meeiar�D Souuterfeg w ra e srgraaloasrgt and a 15 New traffic signal construction Capacity Improvements Broadway Ave ® d a a7 0 US 60/Meridian Dr Construct hethamonatrrlerck. a Of a z ®Winchester Rd/Old West Hwy 2 �esry 2 New fra csgna( intersect'or, Safety Improvements ICU, A.,, Old West Hwy Apache TdtoUS 0 Ironwood Dr US 60 a 60 Bridge Rehabilitation (to16thAve Conduct a corridor study to. I Resurfacing and *Assess the need for a roundabout Southern Ave 9 traffic signal.or intersection a reconstruction of'roadway reconstruction to offset sight distance a •Identify proper signage type and Bridge Widening location along the cornda 1 r Flooding/Drainage Baseline Ave ry zoo ;r Intersection t rI Improvements i r ��' -oodng/Drainage I '" Baseline Ave Meridian0 8ro adssus A,re 1,4 mile east of Idaho Rd r Dr to Ironwood Dr Bridge Rehabilitation Widen to six lane roadway 0 US 601Merdian Dr I BMen biota w reilq�Y 1P aceanrnookitelijartalc 0 US 60 1/2 mile east of Mendian Dr r vanes PORTAL'S MASTER PLAN ©US 60 1/2 mile east of Ironwood Dr r 0 US 60 1/2mile east of Idaho Rd Citywide Signage Improvements 0 US 60 1/4mile east of Tomahawk Rd I 0 Apache Trai:1/4 mile west of Mountan (( tnew fld ) 47,,,, 0 Recommendations - ______ _. . . Mid-Term Po ulation g` - lc po ---_ Level 2 - 75K) Fir Level ______ O Old West IfruylGokJfieM Rd Apache Tit.Meridian Dr to Phelps Dr Reconsbuctuttersecbon Q Conduct a Urban Conidor Planning Stcdy ®Tomahawk RdlSuperstfim Blvd to de�iop specaleed. Convert intersection to include r,•m Si • Land development standards 4waystop sigrr •Inhastructire standards to acconrrodate waking bicycling trarut and diving ) Capacity Improvements Superstition Blvd © I 1 1 Safety Improvements 1 r# 1 . I A Jwrclwn Sl > I .11 C . O' Broadway Ave a9. ." a` 1 Potential Portalis Master Plan Improvements _� 1 x o, �° E °cyE f" uthem Ave EAendan Di m — g — sr fountain View Rd ' ii Capacity Improvements .ir a ; 88 s carioafo laneroaow v e A c i Mtn a center Urn lane 1 e a 1 r Safety Improvements I Southern Ave rn _ll 1 1 Flooding/Drainage _ �.Y�, .. �'�' ,___' Baseline Ave Ironwood Dr rw lvs «� I ' to 1/4 Mile East of Goldfield j i� - them afourlatoroaetray I t. eth a center Wm lane 1 Intersection 7 , , r Improvements Baseline Ave z°° " ), 'I rI Regional Improvements �� r 1 r..,„ Widen to • Meridian Dr: Southern Study 1 ;-" i four lanes Boundary Limits to SR 24 1 Floo ing Drainage improvement r 1 Alignment 1&hAve West of Ironwood Dr 's N PORTALIS MASTER PLAN r Ironwood Dr/FoothillSt 1 San Marcos Dr 1/4 mile south of Broadway Ave ;I .1 �, 4. Baseline Ave 112 mile east of Idaho Rd _1 (�` Apache Tit 114 mile east of trarnwod tar I .1 A • B II) `____ _ ) 1McKelli",,,,,,,*Wm.1. ...r....4�.�...�...M................. o^.........� ._. --- --.. Recommendations - a vC provements "� s I g ; 0 t'.ortez PA 112 rule south of Lost Dutchman Blvd f o o sz o r 0 Inchon St t/4mde east of Tomahawk Rd Ion -Term ( Populationg ®.r amen St Nest of Tomahawk Rd Lost Dutchman BlvdLost Dutchman Bivd''Nest of Goldfield Rd ® . .'• 0 Akaumtan View Rd/Junction St Level 3 — 1 3 0 K) �+ ®ft man dew Rd.ti4 mile north of US;z0 0 Mandan skew Rd:li4 mile north of US 60 g •e°s< m Ironwood Dr r-- I Apache TrS to z r Baseline Ave r cc I Idaho Rd!SR 88 t I Meridian t Lento a st,lane Trl to Suyershrwn Bl.a All,athe TW tr, y sir ay ailh a Apacher sum„a, —Baselhe Ave Ardent asr<lane i roed.t•ay oath a o 1 Capacity Improvements cente-hm lane 2 4 r Apa<hc lit / `// r A - f _, Junction St _wp® - 0 Potential Portalis Master Plan Improvements 1 7 Broadway Ave a I Capacity Improvements ` Tomahawk Rd Old West ° .�, , HHwyto Baseline Ave I o 1B� Hwy $ 'M13dex,to a as tare rt,adara: t oh Mr.A(( _ :•th a center him tane Safety Improvements Goldfield Rd Old West I es 8 Hwy to Basehne Ave •Sothern Ave # ai•'ertk astor t Flooding/Drainage , u ,:+lacer, ten 1 . ,-1 r k 1 t Regional Improvements , '., f - .' 1 . i•-_ Widen to six • Meridian Dr: Southern Study rBase m- ;-- --' r . I lanes Boundary Limits to SR 24 inaava i r4,20e 11 Alignment ,0 's New Idaho Rd: Elliott Ave to Warner Rd 'r roadway (4 Lanes) C<teritlimnDrBaseline� to •`•��'••••. PORTALIS ••i ,t:It, Goldfield Rd Elliott Ave to Warner Southern St by Bourtdaw •.• MASTER PLAN 1 CANYON Rd (4 Lanes) ,,klm, t.,Cu1r! .• 4. Warner Rd: Meridian Dr to Elliott 1 Ave (4 Lanes) i, 4`• ! . . ,,,.. mow.............. .... ;. (, u ( �. ..,.�' .r A • B Long-Term Roadway Alternative Analysis Following roadway alternatives were evaluated to identify the impact on Apache Junction's roadways. Alternative 1 Alternative 2 Alternative 3 . _ . m - d TONfoTtlNTOiPXlONA16 MAt ' NATt6kAthA'IOXAI■ � f69f ST ■ �� R fPR.S. 116111111MMIllaird . tORTST 1111111TAINII ' IME111 iiigiu Igallamiargq : solo r 1oI,i6 N F , ga r111111111i1u111m10m I m11 CANYON , �.WA CANTON , CAMYOX ‘Mir I I 111111k4t do A Nii �h z� o� nt if',. c� S�� i s a�,' ��� Potential wane K�` po Potential Future SR 24 �y SR 24 £1. SPotentialFut re SR 24 o/, t Zr)d, ■■� Mil. / �■� j�P A • .B Apache Junction Comprehensive Transportation Study ) ) Recommendations - Lost Dutchman Blvd.timjim 1 1 t i:;:s. -,_ —MI6 Transit D �:!.�� = • 4d111M1Y!.■.■s—. .=.�_ / _ _,, -N = fit ! 11 . _ .,..._=t '� uperstitio�n Blvd. r *Wane� ■� � Oi l• _1 ---1 ___. ,r� 1-. In �1#ilsiii _____, I P''' ir /----, Foc 1111WAMMEMIR;6511 I )4 ) r" ,., p, i min, � 1 Ili. Broadwray,Ave. - rim till Ain nk ! a. ills ' i I . 7 , am S 111 - # : "" ailr- _;. I . , ' _ 11 ; t i :_ d tl "- south- n Ave. N _ +r } �1 IIIII — 2 -ih, _ , F.:Nit ill - ltl lib hill; = -.rail«r. J•VI:111 0 MI �� ,TA 'hi Baseline Ave. ampin -E lUll \yy k , \ ) Short-term Improvements Mid-term Improvements Long-term Improvements Deviated Fixed Additional Internal Circulator Route Gorrrdors Deviated Fixed Route Corridors /� Downtown Bus Rapid Transit } Park Ride L 1 Transit Center or Light Rail Alignment Cancidate Regional Connector Route ) a a i Recommendations - . _ _ j ;z. ' • Multimodal Facilities - -. r; r t Lost la1 is l • ....1. ,.emu. /J ♦` t I .. r ♦ �tfE4 O tir /' • ti K r • t Superstl.ov+tt1,. I. - w r t ) fu:.arhh.Td A=�ctian Si Wr y I • t j I . re r _ rt g _ 1. �.11eve _ i G " itt Mw c. r -r Soutnam Aver_ :::,.........1 r t w ` t • ii� ,_ "- t t t 149 MO 1 4,c 4 j r ti t 5,t t , I i y jaa Approximate Location at L iserned ammipeaposed Sidewalk U Existing Thai head • Horse Boarding Facility Proposed Trail Head Concept Equestrian Route `Existing Bike Lae T Corsept M.110-Use Right of Way /\/Existing S ide.rak "` .- Bike Routes --e gilt ��Pr000 e Regional Bike lane or ,'•.'Existing Mufti-Use�ic'trrat Proposed Bike Lanes tAurti-usee Triad Connection Apache Junction Comprehensive Transportation Study Next Steps Oct 2011 - Completion of Public Involvement Long-Range PI n nd Transit Plan Nov 2011 Completion of thea a p Jan 2012 — Adoption of Transportation plans by council resolution The studies will be used immediately to apply for federal grants and funding for additional studies and construction projects. Questions ? Giao Pham Charla Glendening Richard Powers City Project Manager ADOT Project Manager Consultant Project Manager 480-474-8513 602-7127376 602-530-1662 18ACHE ° of A`Gyro • tJ'I ache Junction U 2 Home of the Superctition Mountains oulntains 4RlzosP Print TO: City Manager's Office FROM: Giao Pham, P.E. Interim Director of Public Works DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO 11-46 AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT THE PINAL COUNTY MULTI JURISDICTIONAL HAZARD MITIGATION PLAN 2010 AS AN OFFICIAL PLAN OF THE CITY. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Presentation and discussion on Resolution No. 11-46 authorizing the City to adopt the Pinal County Multi Jurisdictional Hazard Mitigation Plan 2010 as an official plan for the City. The Plan recommends several actions/projects that will provide mitigation for specific natural and human caused hazards that impact the citizens of Apache Junction. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion ATTACHMENTS: Click to download LI Memo to Council LI Resolution No. 11-46 PpACHF� o y Public Works Department ', Z &y 4/44(d thorsettoos Home of the Superstition Mountains - zoN'. MEMORANDUM Date September 1, 2011 To Mayor and Members of City Council Through George Hoffman, City Manager From. Giao Pham, Interim Public Works Director Subject. Adoption of Pinal County Multi-Jurisdictional Hazard Mitigation Plan 2010 The Pinal County Officials and City staff coordinated to prepare Pinal County Multi-Jurisdictional Hazard Mitigation Plan 2010. The Plan shall be implemented, monitored and maintained by the staff designated in the Plan for a period five (5) years with the full support of this resolution. Future revisions and Plan maintenance actions required by the Disaster Mitigation Act of 2000 and FEMA, are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution The Public Works Department is requesting City Council to adopt the Pinal County Multi- Jurisdictional Hazard Mitigation Plan 2010 as an Official Plan of the City of Apache Junction An annual report on the progress of the implementation elements of the Plan shall be presented to the Mayor and City Council by October 31 n of each calendar year. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480) 982-1055 • FAX (480) 983-5752 or(480)982-8005 RESOLUTION NO. 11-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ADOPT THE PINAL COUNTY MULTI JURISDICTIONAL HAZARD MITIGATION PLAN 2010 AS AN OFFICIAL PLAN FOR THE CITY OF APACHE JUNCTION WHEREAS the City of Apache Junction has historically experienced severe damage from natural and human-caused hazards such as flooding, wildfire, drought, thunderstorms/high winds, and hazardous material incidents on many occasions resulting in loss of property and life, economic hardship, and threats to public health and safety; WHEREAS the Pinal County Multi-Jurisdictional Hazard Mitigation Plan 2010 (the Plan) has been developed after more than one year of research and work by the City of Apache Junction in association and cooperation with the Pinal County Multi-Jurisdictional Planning Team for the reduction of hazard risk to the community, WHERAS the Plan specifically addresses hazard mitigation strategies and plan maintenance procedures for the City of Apache Junction, WHEREAS the Plan recommends several hazard mitigation actions/projects that will provide mitigation for specific natural and human caused hazards that impact the City of Apache Junction, with the effect of protecting people and property from loss associated with those hazards, NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction that: 1 The Plan is hereby adopted as an official plan of the City of Apache Junction. 2 . The Plan shall be implemented, monitored and maintained by the officials/staff designated in the Plan for a period of five (5) years with the full support of this resolution RESOLUTION NO 11-46 PAGE 1 OF 2 .r. 3 Future revisions and Plan maintenance actions required by the Disaster Mitigation Act of 2000 and FEMA, are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution. 4 . An annual report on the progress of the implementation elements of the Plan shall be presented to the Mayor and City Council by October 31st of each calendar year PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF 2011 . JOHN S INSALACO Mayor ATTEST. KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO. 11-46 PAGE 2 OF 2 ,,,, r • yi lrrl[j f L...../7 PACUNCTION (74117t_ g....."/ i Resol ution No. 11-46 Pinal County Multi-Jurisdictional Hazard Mitigation Plan Department of Public Works By: Giao Pham, P. E . J el ; 1 0, Background • Late 1990's and early 2000's there were numerous natural & human- caused disasters • Federal Government passed Disaster Mitigation Act of 2000 to assist coordination between agencies • Requires all local, county, and tribal governments to develop hazard mitigation plans in order to received certain federal funds: Hazard Mitigation Grant Program (HMGP) Pre-Disaster Mitigation Program (PDM) Flood Mitigation Assistance Program (FMA) e+' • Background • 2005 - Pinal County and Municipalities developed a Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) to assess the region's vulnerability to the various hazards, and to develop mitigation strategies that reduce the risks associated with the hazards • 2006 - MJHMP was approved by FEMA which required updates every five years • 2008 — State of Arizona Division of Emergency Management (ADEM) secured grants to assists the County and participating jurisdictions with the update process • April 2010 — Pinal County Board of Supervisor adopted the MJHMPj, -v+ e Ati •aY a Goal and Objectives of MJHMP GOAL: Reduce or eliminate the risk to people and property from natural hazards. Objective 1: Reduce or eliminate risks that threaten life and property in the incorporated, unincorporated, and Tribal jurisdictions within Pinal County. Objective 2: Reduce risk to critical facilities and infrastructure from natural hazards. Objective 3: Promote hazard mitigation throughout the incorporated, unincorporated, and Tribal jurisdictions within Pinal County. Objective 4: Increase public awareness of hazards and risks that threaten the incorporated, unincorporated, and Tribal jurisdictions within Pinal County. . `gia , -0 ( Components of MJHMP • Identify natural and human-caused hazards. • Assess vulnerability and risk posed by hazards (risk assessment) • Develop strategies and mitigation for hazards. • Present future maintenance procedures. • Document the planning process. fi .4.,...„ • .. , , Y# ' ° � yd. tikt x , a ,, Hazards Natural Hazards Human-Caused Hazards • Biological • Drought • Dust Sand Storms • Civil Disturbance • Earthquake • Dam/Levee Failure q • Extreme Heat • Explosion/Fire • Flooding/Flash Flooding • Extreme Air Pollution • Infestations • Fuel/Resource Shortage • Thunderstorm/High Winds • Hazardous Materials Incidents • Tornados/Dust Devils • Power/Utility Failure • Tropical Storms/Hurricane • Terrorism • Wildfires • Transportation Accidents • Subsidence p • Fissures .. 'p • Wildfire • General Actions/Projects • Communication Network Needs Communication Network Needs Analysis • HAZMAT Evacuation and Detour Routes Use County GIS resources to develop evacuation and detour routing plans • Develop Evacuation Plans Prepare an Updated Emergency Disaster Preparedness Plan • Drought Conservation Public Education Public education campaign to encourage citizens to conserve water ▪ Inter-Agency Transportation Planning Continue to coordinate and participate with inter-agency transportation planning • HAZMAT Corridor Mitigation Planning Continue to coordinate and cooperate with inter-agency transportation plannin: groups .04 4 t A. . Y(r)ACH E UNCTION 074 , . „ • , 6 ) ,..., _. v 0 Lou Miranda Giao Pham, P.E. City of Apache Junction Emergency Management Pinal County 575 E. Baseline Avenue 31 N. Pinal Street, Bldg. F Apache Junction, AZ 85119 Florence, AZ 85132 Email: Lou.Miranda@pinalcountyaz.gov Email: gpham@ajcity.net Website information at://www.pinalcountyaz.gov/Departments/PublicWorks/EmergencyManagement/Pag es/HazardMitigationPlanning.aspx .Aekes Junction. o x �, E� ' .1 O%4P 11, it y o padre J;inct;ii I tonne olof the .dupe;.icfition Mountains 4PrzoN�' Print TO. City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: September 19, 2011 Agenda Type Work Session Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM PRESENTATION AND DISCUSSION ON PROPOSED RESOLUTION NO. 11-42, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF KEARNY ALLOWING PARTICIPATION IN THE TRAINING OF PUBLIC SAFETY STAFF ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION• By entering into this agreement, the city agrees to participate in the training of public safety staff with the Town of Kearny. FISCAL IMPACT Budgetary Approval Not Required OPTIONS / ALTERNATIVES: ‘iiihk1ECOMMENDATION: ATTACHMENTS• Click to download lI Resolution No 11 42 D Town of Kearny Resolution No 11-684 E] IGA with Town of Kearny RESOLUTION NO. 11-684 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF KEARNY,ARIZONA, AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF APACHE JUNCTION FOR TRAINING PUBLIC SAFETY STAFF WHEREAS, the Town of Kearny is in need of assistance from the City of Apache Junction with training public safety staff, and WHEREAS,the Town of Kearny desires to provide the City of Apache Junction with police Cadets in order to experience an increased volume of diverse police calls and receive meaningful instruction and evaluations provided to incorporated towns and cities pursuant to A.R.S 11-951, et seq;and WHEREAS,Apache Junction and Kearny are authorized,pursuant to A.R.S. 11-952 to enter into intergovernmental agreements, NOW,THEREFORE,BE IT RESOLVED THAT the Mayor and Town Council of the Town of Kearny,Arizona. Section 1. The Mayor and Town Manager acting on behalf of the Town of Kearny, Arizona,are hereby authorized to negotiate,enter into,execute and deliver an IGA to the City of Apache Junction for training Public Safety Staff. Section 2: This resolution shall take effect immediately upon its adoption and approval. PASSED AND ADOPTED BY THE Mayor and Town Council of the Town of Kearny, Arizona,on the 15th day of August,2011 bb/1"100-rc Debra Sommers,Mayor ATTEST: ar , own Clerk APPR VED AS TO FORM: • wi p en R. Cooper,Town Attorney THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM O PpACHf °„ 11 CC, City of/ ache _Junction Hoare of the Superstition Mountains 4Rizos* Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 11-43, AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR SAFE ROUTES TO SCHOOL CYCLE 5 FUNDING. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The City was awarded$35,000 through the Arizona Department of Transportation Safe Routes to School program The grant award is to provide education programs and police enforcement to benefit Superstition Mountain Elementary, Cactus Canyon Jr. High, and Four Peaks Elementary FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Statutory Requirement .IECOMMENDATION: Staff respectfully recommends that Council review and discuss Intergovernmental Agreement between the City of Apache Junction and the Arizona Department of Transportation and Resolution No. 11-43, authorizing the City to enter into an Intergovernmental Agreement for funding under the Safe Routes to School Cycle 5 Non-Infrastructure Program. ATTACHMENTS: Click to download ❑ Staff Report U Intergovernmental Agreement U Resolution 11-43 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM :� *pACHE �' u..,t^fr 6 a` C,Zty of ache Junction Home Of the' Superstition Mountains `Pfzo�* Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 11-45, AUTHORIZING THE CITY TO ENTER INTO A SERVICE AGREEMENT WITH PINAL COUNTY FOR REHABILITATION SERVICES ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Pinal County has received $3,168,315 in federal Neighborhood Stabilization Program funds. These funds were made available through the U.S. Housing & Urban Development Neighborhood Stabilization Program. The program provides targeted emergency assistance to state and local governments to acquire, redevelop or demolish foreclosed properties. This will meet the HUD objective of stabilizing neighborhoods damaged by foreclosure, vacancy or abandoned properties Pinal County does not have the capacity or resources to perform all of the necessary tasks required to complete the project. Therefore, Pinal County has asked the City to provide specific services in exchange for compensation. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that Council review and discuss Resolution No. 11-45. ATTACHMENTS: Click to download D Staff Report ❑ Resolution 11-45 Q Pinal County IGA THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM PpRCkF ° �a Ci o A ache Junction Home ty the Supei:rtition Mountains 4Q,ZOt' Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON AMENDMENT ALLOWING A THREE MONTH EXTENSTION TO THE AGREEMENT (CONTRACT NO. R016-10-01) WITH THE GOVERNORS OFFICE OF ENERGY (FORMERLY ARIZONA DEPARTMENT OF COMMERCE). ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: City staff and DOE (Department of Energy) desire to amend the current agreement extending its term by three months The extension will allow the City to use the balance of grant monies awarded in late 2009 for energy efficiency and conservation improvement projects to City facilities FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Presentation and discussion. ATTACHMENTS: Click to download [] Letter to Council t] Amendment to agreement THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM �� pyACHE, o utt. a { = City of Apache Junction Home of the Superftitzon l-1oulrturns 4R11ON* Print TO: City Manager's Office FROM: Shane Kiesow, Public Works Manager DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: DISCUSSION ON ENTERING INTO A CONTRACT WITH SUNLAND ASPHALT FOR THE STREET MAINTENANCE ASPHALT CONCRETE OVERLAY OF THE SIERRA ENTRADA SUBDIVISION ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Discussion for the consideration of entering into an agreement with Sunland Asphalt for the street maintenance asphalt concrete overlay of the Sierra Entrada Subdivision. Project is in partial fulfillment of the FY 2011-12 Annual Street Maintenance Plan. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ ALTERNATIVES: ,ECOMMENDATION: Discussion. ATTACHMENTS: Click to download Letter to Council D Contract with Sunland Asphalt pPACHE `` Gy Public Works Department Z Home of the Superstition Mountains 4 RIZONP DATE September 8, 2011 TO. Mayor and Members of the City Council THRU: George Hoffman, City Manager Giao Pham, Interim Public Works Director FROM Shane Kiesow, Public Works Manager SUBJECT Consideration of Contract with Sunland Asphalt Staff would like City Council to give consideration for approval to allow the Mayor to enter into contract with Sunland Asphalt for the street maintenance asphalt concrete overlay of the Sierra Entrada Subdivision in partial fulfillment of the FY 2011-12 Annual Street Maintenance Plan. The work will be through TCPN cooperative contract#M0927 for$228,923.57 with a 10% contingency of$22,892 36 for a total not to exceed the amount of$251,815.93 Staff plans to discuss this proposed work and contract at Council Work Session with the plan to have it on the October 4th Regular Session consent. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 CITY OF APACHE JUNCTION AGREEMENT FOR MATERIALS AND LABOR PROJECT: PW# 2011-13 "FY 2011-12 Overlay Project" THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and Sunland Asphalt, an Arizona corporation ("Contractor") , sometimes collectively referred to as the "Parties" . RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the work and service called for in TCPN Contract #M0927 and Contractor' s estimate dated August 9, 2011 . B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such services . 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 NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services 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 TCPN Contract #M0927 and Contractor' s estimate dated August 9, 2011 including, but not limited to: A. Perform a full depth pavement cross section repair to a select area within the Sierra Entrada subdivision. a. Mill out approximately 4, 050 square feet of existing asphalt at a depth of 4" . b Pave back approximately 4, 050 square feet with C-3/4 asphalt to an average finished depth of 4" after compaction with a steel wheeled vibratory roller. B. Install the Novachip wearing course system to approximately 17, 733 square yards of roadway within the Sierra Entrada subdivision. C Provide traffic control for the duration of the project . 2 . PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by the City to the Contractor in the amount 1 /'1 eiN not to exceed two hundred and twenty-eight thousand nine hundred twenty-three dollars and fifty-seven cents ($228, 923 57) 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, City representative shall promptly cause to be made an inspection When 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 their knowledge, information and belief and 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 No final payment shall become due until the Contractor submits to the 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 completing the said work by June 30, 2012 This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor Extensions may be approved at times as the Parties mutually deem fit. 4 LABOR AND MATERIALS. Unless otherwise provided in the contract documents, Contractor shall provide, pay and insure under the requisite laws and regulations for 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 being 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 the work as may be directed by City to conform to said Contract Documents without requirement of 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 year from the date of its final acceptance under the contract; ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an 2 acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one year from the date of final acceptance due to faults in workmanship or materials, the 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, Contractor shall provide or secure from the appropriate sub-contractor 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, 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, governmental 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 Contractor agrees to obtain a business tax license pursuant to Article 8-5 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 business tax regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required business 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. 3 eiN Except asprovided in this Agreement, Contractor shall be solely P g 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, sub-contractors 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 /111 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 superintendent designated. The shall be designated for each project and communicated to the City before work is performed. 11. PROGRESS SCHEDULE. Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule. Said progress schedule 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: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) , 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 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. emN 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. GOVERNING LAW AND VENUE. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county In the event either party shall bring suit to enforce any terms 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 4 shall recover all costs including reasonable attorney fees 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 in the State of Arizona, possessing a current A M Best, Inc . Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City All insurance required herein shall be maintained in full force and effect until all work 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 the City constitute a material breach of this Agreement . Contractor' s insurance shall be primary insurance as respect to 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 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 services . 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- insured 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, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability 5 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 Insurance Service Office, Inc Policy Form CG 00011-93 or any replacement thereof. emS 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 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, City and Contractor' s Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract. 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 General Liability insurance. 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 . In case any work is subcontracted, Contractor will require subcontractor to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by 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. 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 the Contractor' s 6 work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to City. 16. CHANGE ORDERS• A change order is a written order to Contractor, approved by the City representative, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents The City representative shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents . All 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 the 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 . 7 emN 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. 23 . TIME IS OF THE ESSENCE: Contractor shall carry the work forward expeditiously. If Contractor is delayed at any time in the progress of the work by any act or neglect of City or by any employee of the City not specifically disclaimed herein, or by change orders in the work or any labor disputes, dire and unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor' s control or by delay caused by City or by any other cause which City determines may justify the delay, the contract time shall be extended by change order for such reasonable time as City may determine. Any claim for delay or extension of time shall be made to the City representative within the same work day, otherwise said claim shall be waived by Contractor. In the case of a continuing delay, only one claim is necessary. Contractor shall provide an estimate of the probable effect of such delay on the progress of work. This section does not exclude the recovery of damages for delay by either party under the provisions of the contract documents 24 TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City has not paid any undisputed amount due after forty-five (45) days of not being paid such sums after being notified by City. Contractor shall provide Notice of Termination to city fifteen (15) working days before such termination takes effect by certified U S Mail . 25. 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 fifteen (15) working days before such termination takes effect by Certified U S. Mail. 26 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 8 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 . 27. 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. 28 SEVERABILITY: If any part, term or provisions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. 29 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 30. COMPLIANCE WITH FEDERAL AND STATE LAWS. The Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989,the Arizona Public Records Act, the Conflicts of Interest law, and federal and state environmental laws. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. § 34-301, "Employment of Aliens on Public Works Prohibited", and A.R.S. § 34-302, as amended, "Residence Requirements for Employees". Under the provisions of A R S § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors ("Subcontractors") will comply with, and are contractually obligated to comply with, all Federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214 (A) (hereinafter "Contractor Immigration Warranty") A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City The City retains the legal right to inspect the papers of any Contractor or Subcontractor' s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of Subcontractors to ensure compliance with Contractor' s Immigration Warranty. Contractor agrees to assist the City in regard to any random verifications performed 9 "IS OIN Neither the Contractor nor any of Subcontractors shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A R.S. § 23-214, Subsection A. The provisions of this Article must be included in any contract the Contractor enters into with any and all of its Subcontractors who provide services under this Contract or any subcontract "Services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2011 Contractor: By: Title. CITY OF APACHE JUNCTION an Arizona municipal corporation a By. John S . Insalaco Title: Mayor ATTEST- Kathleen Connelly City Clerk APPROVED AS TO FORM. 10 Richard J. Stern City Attorney OIN CERTIFICATE OF INSURANCE CITY OF APACHE JUNCTION PROJECT. PW# 2011-13 The certifies that the following insurance policies have been issued on behalf of NAME OF INSURED- ADDRESS OF INSURED- Type of Policy Effect. Expire Limits of Insurance Number Date Date Liability 1 . Workman's $100,000 Each Accident; Compensation $100,000 Each Disease, $500, 000 Disease Policy Limit 2 Commercial $1, 000, 000 Each General Occurrence; $2,000,000 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 Bodily Injury & Occurrence Property 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 2011 11 by as Insurer. Notary Public My Commission Expires. ems 12 �a Caty of A ache junction 2 Hoii;e of the Superstition ?t 1 ountw n.c Print TO: City Manager's Office FROM: Dennis Dixon, Building Official DATE: September 19, 2011 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 11-44, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING TO ENFORCE MANUFACTURED HOME INSTALLATION STANDARDS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Since 1988, the City and the State Office of Manufactured Housing (OMH) have had a legal relationship whereby the City is empowered by OMH to enforce manufactured housing regulations. In 2006, the City and OMH entered into another formal agreement, which now needs to be renewed for an additional five-year period. Proposed Resolution No 11-44 authorizes the City to enter into an IGA whereby the parties will enforce OMH installation standards. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download U Resolution No. 11-44 U 2006 IGA with State OMH U Cover Memo ... *'` 0 PPACHE✓G y 0 U -�� -; City of Apache Junction „4,z."P Development Services Department MEMORANDUM DATE: September 6, 2011 '...... TO: City Council for the City of Apache Junction THROUGH Bryant Powell, Assistant City Manager FROM: Dennis Dixon C.B.O.,Building Official SUBJECT: Agreement between Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing and City of Apache Junction to enforce installation standards. Records indicate the City of Apache Junction and the Office of Manufactured Housing have maintained an inter-governmental agreement since 1988. The agreement is renewed on a five(5) year schedule Under the agreement the City inspects manufactured home installations for conformity with Office of Manufactured Housing guidelines. Since 2002 the City has inspected twelve hundred and forty four(1244)manufactured homes installations. The current installation fee is two hundred fifty dollars($250 00) The City Building Safety Division keeps the fees. The current agreement allows residents to deal directly with a local agency as opposed to obtaining permits and inspections from the Office of Manufactured Housing located in Phoenix. The Office of Manufactured Housing requests we renew the agreement for five(5)more years. RESOLUTION NO. 11-44 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING TO oink ENFORCE MANUFACTURED HOME INSTALLATION STANDARDS WHEREAS, since 1988, the Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing ("OMH") and the City of Apache Junction, an Arizona municipal corporation ("City") , have had a legal arrangement through an Intergovernmental Agreement ("IGA") whereby the City is authorized to enforce OMH manufactured home installation standards, and WHEREAS, on June 1, 2006, the City and OMH entered into another IGA to allow City to continue enforcing OMH installation standards in City' s corporate limits, which agreement was approved by Council consent on July 18, 2006; and WHEREAS, the 2006 agreement between the City and OMH expired on June 1, 2011; and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the City' s jurisdiction; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for continuing such arrangement; and it WHEREAS, pursuant to A R S § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council approve the attached IGA to enforce installation standards; and the Mayor is hereby authorized to sign the attached agreement on behalf of the City. RESOLUTION NO. 11-44 PAGE 1 OF 2 2) The Building Official and his staff are authorized to implement the terms and obligations of the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-44 PAGE 2 OF 2 ..► AW ATTACHMENT A AGREEMENT BETWEEN ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING AND Amok City of Apache Junction TO ENFORCE INSTALLATION STANDARDS This AGREEMENT ("Agreement") is entered into this day of , , by and between the ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, OFFICE OF MANUFACTURED HOUSING ("OMH") and the City of Apache Junction ("Agency") . WHEREAS, pursuant to A R. S . § 41-2151 the purpose of OMH is to maintain standards of quality and safety for manufactured homes, factory-built buildings, mobile homes, and the installation of the same WHEREAS, A R S § 41-2153 (B) (5) directs the Deputy Director of OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMH; and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the Agency' s jurisdiction; NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows : 1 . Monitoring and Enforcement . For the duration of this Agreement, the Agency will monitor and enforce the installation standards set forth in A.R S . § 41-2195 and A A.0 R4-34-102 as they apply to installation standards and accessory structures 2 . Term The term of this Agreement shall be for five (5) years from the date of this Agreement. 3 . Standards of Performance In exercising the authority delegated hereunder the Agency shall perform to the same standards of performance that the law imposes upon OMH in exercising the authority described in section 1 hereof. In addition, the Agency shall not approve any installation unless the installer affixes a State Insignia of Approval as required by A A C R4-34-802 .A and pays to the Agency the fee established by OMH pursuant to the authority by A A C R4-34-501 and as permitted by A A.C. R4-34-506 . 4 . Monthly Reporting. The Agency in this Agreement shall submit a Monthly IGA Report to OMH A copy of each closed mobile home/HUD manufactured home or FBB permit shall be submitted with the monthly report. The monthly report with copies of permits shall be submitted by mail, fax, or email, on or before the 15th of the following month OMH will provide the monthly report format which will require the following be collected and documented: a ARZ HUD label number (s) or FBB manufacturers insignia number b. Unit serial number c Installation insignia or FBB plan approval number d. Address of installation e. Date of approved final installation inspection 5 . Fees Charged by the Agency. Permit fees charged by the Agency shall be the same as the Fee Schedule created by OMH pursuant to its authority under A.R. S . § 41-2144 (4) and A A.C. R4-34-501 and no more than permitted by R4-34-801 (E) . All fees collected by the Agency shall be kept by the Agency as compensation for the services performed by the Agency under this agreement. The Agency shall not be entitled to any other compensation for services rendered by it under this Agreement. 6. Termination. Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days written notice prior to the date of termination. Additionally, OMH may terminate this Agreement immediately and without notice, if OMH determines that the installation standards required in the Agreement are not being maintained, or that local fees are not consistent with the inspection fees established by the Board of Manufactured Housing. 7 . Qualifications of Personnel . The personnel that perform the functions delegated to the Agency in paragraph 1 hereof shall each have no less than one year of experience as a building code inspector or manufactured housing installation inspector. 8 . Inspector Training. All Agency Inspectors performing under this Agreement shall participate in required initial and/or periodic training as set and coordinated by the State . 9. Duties of OMH. Should OMH require inspections of any portion of the installation of mobile, manufactured homes, accessory structures or factory built buildings not required by the Rules referred to herein and not covered under this Agreement, OMH shall be responsible for the inspections and enforcement thereof 10 Notices All notices shall be mailed or delivered to the party to receive such notice to the following address . a. If intended for OMH to: Department of Fire, Building and Life Safety Office of Manufactured Housing 1110 West Washington, Suite #100 Phoenix, AZ 85007-2935 Attn• Debra Blake Title. Deputy Director Phone • (602) 364-1022 b. If intended for Agency, to: City of Apache Junction omok 300 East Superstition Blvd. Apache Junction, AZ 85119 Attn• Dennis Dixon Title: Building Official Phone 480-474-5084 11 . Interpretation and Amendments . This Agreement contains the entire agreement between the parties hereto This Agreement shall not be amended or modified in any manner, except by an instrument in writing signed by the parties hereto. 12 . Headings . Headings are for convenience only and are not to be construed as part of this Agreement. 13 Invalidity of a Term The parties agree that in the event any term, covenant or conditions herein contained should be held to be invalid or void, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 14 . Dispute. In the event of any dispute between the parties under this Agreement, the parties agree that they shall submit the dispute to arbitration pursuant to A R.S . §§ 12-133 (D) and 12-1518 . 15 Inspection and Audit. Pursuant to A.R S §§ 35-214 and 35- 215, all books, accounts, reports, files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the Auditor General' s Office or such other office as the parties hereto may mutually agree within a reasonable time after request 16 . Conflict of Interest . The parties acknowledge that this Agreement is subject to cancellation by the Governor of Arizona pursuant to A.R.S . § 38-511, the provisions of which are incorporated herein. 17 Prohibition Against Discrimination. In the event that it applies, the parties agree to comply with the Arizona Governor' s Executive Order No. 2009-09 . 18 . Governing Law and Venue This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona The exclusive venue for any litigation, arbitration, administrative hearing or the like concerning this Agreement or any matter arising therefrom shall be in Maricopa County, State of Arizona. 19 Unavailability of Funding. Every payment or financial obligation of the parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by any party at the end of the period for which funds are available . No liability shall accrue to any party in the event this provision is exercised, and neither the /\ OMH or Agency shall be obligated or liable for any future payments nor for any damages as a result of termination under this paragraph. IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and have executed this ,ob. Agreement the day, month and year first written above. OFFICE OF MANUFACTURED HOUSING AGENCY: Name : Name. Debra Blake, Deputy Director , Mayor Department of Fire, Building and Life Safety Office of Manufactured Housing ATTEST: , City Clerk APPROVED this day of This Intergovernmental Agreement has been reviewed by the undersigned attorney for the Agency who has determined that it is in appropriate form and within the powers and authority granted by law to the Agency designed herein. �.� BY: , City Attorney This Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. Dated this day of , BY- Assistant Attorney General ) KR06 - 0764 A. G.Contract No• (Manufactured Home) AGREEMENT BETWEEN OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY AND City of Apache Junction (To Enforce Installation Standards) This AGREEMENT ("Agreement") is entered into this 1 S` day of June, 2006, by and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY ("OMH") and the City of Apache Junction("Agency") WHEREAS,pursuant to A.R S. §41-2151 the purpose of OMH is to maintain standards of quality and safety for manufactured homes, factory-built buildings, mobile homes, and installation of manufactured and mobile homes. WHEREAS, A.R S § 41-2153 B.5 directs the Assistant Director of OMH to enter into agreements with local enforcement agencies to enforce the mstallation standards in their respective junsdictions consistent with the installation standards of OMH;and WHEREAS, it is the desire of both parties to elimmate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction, NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows. 1. Monitoring and Enforcement. For the duration of this Agreement,the Agency will monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34- 706 as they apply to installation standards and accessory structures. 2 Term. The term of this Agreement shall be for five(5)years from the date of this Agreement. MH—I 1 ) 3 Termination Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days' written notice pnor to the date of termination. Additionally, OMH may terminate this Agreement immediately and without notice, if OMH determines that the installation standards required in the Agreement are not being maintained,or that local fees are not consistent with the inspection fees estabhshed by the Board of Manufactured Housing. 4. Standards of Performance. In exercising the authonty delegated hereunder the Agency shall perform to the same standards of performance that the law imposes upon OMH in exercising the authority described in section 1 hereof. In addition,the Agency shall not approve any installation, except those done personally by the owner, unless the installer affixes a State Insignia of Approval as required by A.A.C. R4-34-802 A and pays to the Agency the fee established in the fee schedule required by A.A.0 R4-34-501.. 5. Fees Charged by the Agency. Permit fees charged by the Agency shall be the same as the Fee Schedule of A.A.C.R4-34-501.and R4-34-801. All fees collected by the Agency shall be kept by the Agency as compensation for the services performed by the Agency under this agreement. The Agency shall not be entitled to any other compensation for services rendered by it under this Agreement. 6 Ownership Property Acquired by Fees. Any property that may be acquired by the Agency with the fees received by the Agency under this Agreement shall be the property of the Agency 7. Oualifications of Personnel. The personnel that perform the functions delegated to the Agency in paragraph 1 hereof shall each have no less than one year of expenence as a building code inspector or manufactured housing installation inspector. 8. Duties of OMH. Should OMH require inspections of any portion of the installation of mobile, manufactured homes or accessory structures not required by the Rules referred to herein and not covered under this Agreement,OMH shall be responsible for the inspections and enforcement thereof. 9. Notices. All notices shall be mailed or delivered to the party to receive such notice to �► the following address. a If intended for OMH to: Office of Manufactured Housing Department of Building and Fire Safety 1110 West Washington,Suite#100 Phoenix,AZ 85007-2935 Attn. Larry Pointer Title Assistant Director Phone (602)364-1003 MH-2 1` • b. If intended for Agency,to City of Apache Junction 300 East Superstition Blvd Apache Junction AZ 85219 Attn: Dennis Dixon Title: Building Official Phone. 480-474-5090 10 Interpretation and Amendments. This Agreement contains the entire agreement between the parties hereto. This Agreement shall not be amended or modified m any manner, except by an instrument in writing signed by the parties hereto. 11. Headings. Headings are for convenience only and are not to be construed as part of this Agreement. 12. Invalidity of a Term The parties agree that in the event any term,covenant or conditions herein contained should be held to be invalid or void,the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 13. Dispute. In the event of any dispute between the parties under this Agreement,the parties agree that they shall submit the dispute to arbitration pursuant to A.R.S. §§ 12-133 D and 12-1518 et seq. 14 Inspection and Audit Pursuant to A.R.S. § 35-214,all books,accounts,reports,files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the Auditor General's Office or such other office as the parties hereto may mutually agree within a reasonable time after request. 15 Conflict of Interest. The parties acknowledge that this Agreement is subject to cancellation by the Governor of Anzona pursuant to A.R.S § 38-511, the provisions of which are incorporated herein 16 Prohibition Against Discrimination In the event that it applies,the parties agree to comply with the Arizona Governor's Executive Order No.99-4. 17. Governing Law and Venue This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. The exclusive venue for any litigation, arbitration, administrative hearing or the like concerning this Agreement or any matter ansmg therefrom shall be in Maricopa County,State of Arizona. MH-3 II 18 Unavailability of Funding. Every payment obligation of the State or OMH under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement,this Agreement may be terminated by the State or OMH at the end of the period for which funds are available. No liability shall accrue to the State or OMH in the event this .... provision is exercised, and neither the State nor OMH shall be obligated or liable for any future payments nor for any damages as a result of termination under this paragraph. IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and have executed this Agreement the day, month and year first written above OFFICE OF MANUFACTURED HOUSING AGENCY: ---2 Name: �� ,�j,1 Name. —arry Pointer, • r°start Director �' / �'' Office of Manufactured Housing Print name. . L l/P. Arizona Department of Building and Fire Safety j,/;:eg lez71‘/— This Intergovernmental Agreement has been reviewed by the undersigned attorney for the Agency who has determined that it is in appropriate form and within the powers and authority granted by law to.the Agency designed herein. APPROVED this 2(D ' ay of n IJ 6 ,26,54. r c7' SmKA1 BY: 2CATVAI T ifi Public Agency Legal Counsel (REV4/20/2006) MH-4 . : . 11 1 4 r` 1 \-r,o) Terry Goddard Office of the Attorney General Attorney General State of Arizona INTERGOVERNMENTAL AGREEMENT DETERMINATION KR06 - 0764 Attorney General Contract No. which is an Agreement between public agencies, has been reviewed pursuant to A.R.S.§11-952 by the undersigned Assistant Attorney General,who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. idibizi This agreement does not include a reference to Governor's Executive Order#2005-30. Dated this 71 Day of .� >�y ,20010 TERRY GODDARD The Attorney General CL,..,....a Assistant ttorney General t i 1 384680 I ; KR06 - 0764 A G Contract No.: (Factory-Built Building) AGREEMENT BETWEEN OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY AND City of Apache Junction (To Enforce Installation Standards) This AGREEMENT("Agreement")is entered into this 15`day of June,2006,by and between the OFFICE OF MANUFACTURED HOUSING WITHIN THE ARIZONA DEPARTMENT OF FIRE,BUILDING AND LIFE SAFETY("OMH")and the City of Apache Junction("Agency"). WHEREAS,pursuant to A.R.S. §41-2151 the purpose of OMH is to maintain standards of quality and safety for manufactured homes, factory-built buildmgs, mobile homes, and installation of manufactured and mobile homes. WHEREAS, A R S. § 41-2153.B.5 directs the Assistant Director of OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMH;and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction; „ow NOW, THEREFORE, m consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows 1 Monitoring and Enforcement. For the duration of this Agreement,the Agency will monitor and enforce the installation standards set forth in A.R.S. § 41-2155 and A.A.C. R4-34- 706 as they apply to installation standards and accessory structures. 2 Term The term of this Agreement shall be for five(5)years from the date of this Agreement. FBB- 1 ' r ( n ' 3. Termination. Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days' wntten notice prior to the date of termination. Additionally, OMH may terminate this Agreement immediately and without notice, if OMH determines that the installation standards required in the Agreement are not being maintained,or that local fees are not consistent with the inspection fees established by the Board of Manufactured Housing. 4. Standards of Performance. In exercising the authority delegated hereunder the Agency shall perform to the same standards of performance that the law imposes upon OMH in exercising the authority described in section 1 hereof. In addition,the Agency shall not approve any installation, except those done personally by the owner, unless the installer affixes a State Insignia of Approval as required by A A C R4-34-802.A and pays to the Agency the fee established in the fee schedule required by A.A.C.R4-34-501. 5. Fees Charged by the Agency. Permit fees charged by the Agency shall be the same as the Fee Schedule of A.A.C.R4-34-501 and R4-34-801. All fees collected by the Agency shall be kept by the Agency as compensation for the services performed by the Agency under this agreement. The Agency shall not be entitled to any other compensation for services rendered by it under this Agreement. 6. Ownership Property Acquired by Fees. Any property that may be acquired by the Agency with the fees received by the Agency under this Agreement shall be the property of the Agency 7. Qualifications of Personnel. The personnel that perform the functions delegated to the Agency in paragraph 1 hereof shall each have no less than one year of experience as a building code inspector or manufactured housing installation inspector. 8. Duties of OMH. Should OMH require inspections of any portion of the installation of mobile, manufactured homes or accessory structures not required by the Rules referred to herein and not covered under this Agreement, OMH shall be responsible for the inspections and enforcement thereof. 9. Notices. All notices shall be mailed or delivered to the party to receive such notice to the following address. a. If intended for OMH to: Office of Manufactured Housing Department of Building and Fire Safety 1110 West Washington, Suite#100 Phoenix,AZ 85007-2935 Attn Larry Pointer Title Assistant Director Phone.(602)364-1003 FBB—2 AIM ba. i ) I ') b. If intended for Agency,to: City of Apache Junction 300 East Superstition Blvd Apache Junction AZ 85219 Attn: Dennis Dixon .•. Title: Building Official Phone 480-474-5090 10 Interpretation and Amendments. This Agreement contains the entire agreement between the parties hereto This Agreement shall not be amended or modified in any manner, except by an instrument in writing signed by the parties hereto. 11. Headings. Headings are for convenience only and are not to be construed as part of this Agreement 12. Invalidity of a Term. The parties agree that in the event any term,covenant or conditions herein contained should be held to be invalid or void, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 13.Dispute. In the event of any dispute between the parties under this Agreement,the parties agree that they shall submit the dispute to arbitration pursuant to A R.S. §§ 12-133.D and 12-1518 et seq. 14. Inspection and Audit. Pursuant to A.R.S. § 35-214,all books,accounts,reports,files and other records relating to this Agreement shall be subject at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the Auditor General's Office or such other office as the parties .�. hereto may mutually agree within a reasonable time after request. 15. Conflict of Interest. The parties acknowledge that this Agreement is subject to cancellation by the Governor of Arizona pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein. 16 Prohibition Against Discrimination In the event that it applies,the parties agree to comply with the Anzona Governor's Executive Order No. 99-4. 17. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. The exclusive venue for any litigation, arbitration, admuustrative hearing or the like concerning this Agreement or any matter arising therefrom shall be in Mancopa County, State of Anzona. FBB-3 ) 18.Unavailability of Funding. Every payment obligation of the State or OMH under this Agreement is conditioned upon the availability of funds appropnated or allocated for the payment of such obligation If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State or OMH at the end of the period for which funds are available. No liability shall accrue to the State or OMH in the event this provision is exercised, and neither the State nor OMH shall be obligated or liable for any future payments nor for any damages as a result of termination under this paragraph. .0004. IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and have executed this Agreement the day, month and year first written above. OFFICE OF MANUFACTURED HOUSING AGENCY: Name. Our/Ai/ Name. arry Pointer, istant Director /' Office of Manufactured Housing Print name:2. G G. Arizona Department of Building and Fire Safety O This Intergovernmental Agreement has been reviewed by the undersigned attorney for the Agency who has determined that it is appropnate form and within the powers and authority granted by law to the Agency designed herein. // APPROVED this (p day of '37)IJ E ,?oo6 STOCAJ BY. (24 G17-Y4r08NE' Public Agency Legal Counsel (REV4/20/2006) • FBB-4 AA 114/1 40.) VCV Terry Goddard Office of the Attorney General Attorney General State of Arizona INTERGOVERNMENTAL AGREEMENT DETERMINATION Attorney General Contract No.K R 0 6 - 0 7 6 4 which is an Agreement between public agencies, has been reviewed pursuant to A.R.S.§11-952 by the undersigned Assistant Attorney General,who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. pThis agreement does not include a reference to Governor's Executive Order#2005-30. Dated this B Day of J6-b ,20D6 TERRY GODDARD The Attorney General c Cu Les--.\-2.=. - Assistant ttorney General 384680