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HomeMy WebLinkAbout2012 06.04 City Council Work Session Agenda OF PpACH — �z1y of Apache /11/u e4 01x U � ` Home of the .1 uper.otrorl Al ou,ii ,ns "I+Prro�� APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD /O. APACHE JUNCTION,ARIZONA 85219 Monday, June 4, 2012 7:00 PM AGENDA 1. CALL TO ORDER. 2 ROLL CALL. 3. PRESENTATION BY AND DISCUSSION WITH JANEEN ROHOVIT AND JANICE CACIOPPO OF THE SALT RIVER PROJECT (SRP) REGARDING MUNICIPAL AESTHETICS PROGRAM 2012 OVERVIEW. Janeen Rohovit and Janice Cacioppo will provide an overview of SRP's Municipal Aesthetics Program 2012 After four years, SRP has resumed funding for this program which encourages effective partnerships with local municipalities. SRP will be providing information on the rationale behind the allocations 4 DISCUSSION ON DEFENSE ATTORNEY CONTRACTS. The current defense attorney contracts are set to expire on June 30,2012 Both attorneys have signed contracts for another two-year term Judge Hazel respectfully requests the council to authorize him to execute new contracts with the two defense attorneys 5 PRESENTATION AND DISCUSSION ON PW 2012-04 BULK FUEL. Two bids were received in response to the solicitation Staff recommends entering into an agreement with Southern Counties Oil Co dba SC Fuels for delivery of bulk fuel to the city fueling station located at public works 3 PRESENTATION AND DISCUSSION ON PW 2012-01 TRASH AND RECYCLE MATERIAL REMOVAL AT CITY FACILITIES. Three bids were received in response to the solicitation Staff recommends entering into an agreement with Republic Services for trash and recycling material removal at city facilities 7 DISCUSSION ON RESOLUTION NO 12-23, ADOPTING THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFITS TRUST TO MODIFY THE TRUST DOCUMENT TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN TRUST. Legal counsel for the trust requests getting the name change in prior to July 1 All the cities involved are taking this to their councils in June 8 DISCUSSION ON PROCESS FOR FILLING COUNCIL VACANCY CREATED BY THE RESIGNATION OF CLARK SMITHSON Clark Smithson resigned his position as a councilmember in order to take a seat on the county board of supervisors. This item provides council with the opportunity to discuss options for filling the vacancy 9. DISCUSSION ON CITY COUNCIL CONSIDERATION OF STRATEGIC PLANNING AND POSSIBLE NEXT STEPS. City council will discuss strategic planning and possible next steps as a result from discussion at their session on May 12 10. PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", AND ORDINANCE NO. 1383, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY Human Resources Director Liz Riley will present and discuss with council the proposed changes to the City of Apache Junction Personnel Rules .OW .. 11 DISCUSSION ON PROCESS AND PROPOSED RESOLUTIONS TO BE SUBMITTED 10 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS. The mayor and council have an opportunity to propose resolutions for consideration by the 2012 League Resolutions Committee Assistant to the City Manager Matt Busby will brief the council on this item 12 PRESENTATION AND DISCUSSION ON PROJECT PW 2010-22B, NORTH APACHE TRAIL IMPROVEMENTS PHASE 1, AWARD OF BID TO J BANICKI CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED$336,980 00. Staff is requesting a contract be awarded to J Banicki Construction, Inc in an amount not to exceed$336,980 00 for the construction of North Apache Trail Improvements Phase 1 13. PRESENTATION AND DISCUSSION OF TEMPORARY USE STANDARDS IN THE DOWNTOWN The council will review and discuss temporary use standards within the downtown 14 PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-21 AUTHORIZING THE SUBMISSION OF A ROUND 19 TRANSPORTATION ENHANCEMENT GRANT APPLICATION FOR ENHANCEMENTS TO THE APACHE TRAIL FROM RENNICK TO IRONWOOD DRIVE. During its April 30,2012 work session,the city council concurred with staffs recommendation to submit a local grant application for an enhancement project on Apache Trail from Rennick to Ironwood Drive. Resolution No 12-21 is a mandated portion of the grant application The resolution authorizes the submission of the grant application and commits the city to a cash match, review fee, reimbursement of Arizona Department of Transportation expenses,and all cost overruns for the project If the resolution is adopted on June 5, 2012, staff will add a certificated copy of the resolution to the applications submitted on May 29, 2012 15 PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-19 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE HEALTH CAREERS INITIATIVE PROGRAM Staff respectfully requests that the city council review and discuss Resolution No 12-19 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding The center is requesting sponsorship by the city council to submit the Health Careers Initiative Program for funding 16 PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-20, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE FIT FAMILIES PROGRAM Staff respectfully requests that the city council review and discuss Resolution No 12-20 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding The Parks and Recreation Department is requesting permission from the city council to submit the Fit Families Program for funding 17. PRESENTATION AND DISCUSSION ON RESOLUTION NO. 12-17, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE MEALS WHILE YOU HEAL PROGRAM. Staff respectfully requests that the city council review and discuss Resolution No 12-17 which authorizes the submission of a grant applic�• to the Gila River Indian Community for FY 2012-2013 funding East Valley Adult Resources is requesting sponsorship by the city council to submit the Meals While You Heal Program for funding 18 DISCUSSION ON PROPOSED RESOLUTION NO 12-16,AUTHORIZING THE CIITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE (TRWC) NETWORK. On August 7, 2008,the city entered into an intergovernmental agreement with several local agencies for the establishment and operation of the TRWC Network. The purpose of the TRWC is to pool common resources to improve communications and operations among participating public safety and public service agencies Due to new membership approval protocol,TRWC is requiring that each participating agency adopt and enter into an amended and restated intergovernmental agreement. Proposed Resolution No 12-16 authorizes the City to enter into such agreement 19. 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 Thursdays, 7 00a—6.O0p, excluding holidays tyACHE s kx City of Apache Junction z Home of the .S upei:ciition Mountains �R1IOK* Print TO: City Manager's Office FROM: Bryant Powell,Assistant City Manager DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH JANEEN ROHOVIT AND JANICE CACIOPPO OF THE SALT RIVER PROJECT(SRP) REGARDING MUNICIPAL AESTHETICS PROGRAM 2012 OVERVIEW. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Janeen Rohovit and Janice Cacioppo will provide an overview of SRP's Municipal Aesthetics Program 2012. After four years, SRP has resumed funding for this program which encourages effective partnerships with local municipalities. SRP will be providing information on the rationale behind the allocations. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: .;ECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available j ^ _City of p the Junction e. Home of the Superstition Mountains M Print TO: City Manager's Office FROM: James W.Hazel, Jr. Presiding Magistrate DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM; DISCUSSION ON DEFENSE ATTORNEY CONTRACTS. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The current defense attorney contracts are set to expire on June 30, 2012. Both attorneys have signed contracts for another two-year term Judge Hazel respectfully requests the council to authorize him to execute new contracts with the two defense attorneys. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: Statutory Requirement RECOMMENDATION: ATTACHMENTS; Click to download 13 Memo regarding court appointed attorney contracts Q Attorney contract Q Attorney contract APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, AZ 85119 480-982-8250 DATE: April 25, 2012 TO: Mayor and City Council FROM: James W. Hazel Jr., Presiding Magistrate RE: Court Appointed Attorney Contracts The court appointed attorney contracts will expire on June 30, 2012 Both attorneys have signed new two year contracts to begin on July 1, 2012 The contracts this year have the same terms as the last contracts offered to the defense attorneys. At the June 19, 2012 consent agenda I am requesting that you grant me the authority to sign the new contracts for both attorneys In previous years we contracted with three court appointed attorneys. The system using two defense attorneys has been operating efficiently since first incepted in November 2010 and I feel comfortable using two contract defense attorneys. Contract defense attorneys are necessary at the court as the U.S. and Arizona Constitutions require the appointment of an attorney for those indigent criminal defendants who face the possibility of jail time or probation with the potential of jail If I can be of further assistance please contact me P9OFESSIONAL SERVICES AGREEMENT WITH Wilt! Culit FeAtirykail FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this l 0'� day of ' 20/6); by and between the CITY OF APACHE JUNCTION, ARi ONA, an Arizona municipal corporation ("City"), and t'I,//lam J: Peorimei7 Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties". RECITALS A. The Presiding Magistrate of City's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to defendants on an as-needed basis. B. To the extent applicable, the City of Apache Junction has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below. 1. ATTORNEY'S DUTIES Attorney agrees to perform the following professional services. A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court Court schedule will not be changed arbitrarily and without prior consideration of Attomey's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary B. Represent indigent defendants assigned to Attorney by the City Magistrate Attorney shall represent defendants from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards Attorney shall be responsible for completing all cases that are active at the end of the Agreement C Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to, pretrial conferences, motions, jury and non-jury trials, evidentiary hearings, sentence reviews, revocation of probation hearings, special hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts. Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropnate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request) E Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in State v. Watson, 134 Ariz 1, 653 P.2d 351 (1982); and in State v Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v. Lee, Arizona 142 Ariz 210, 689 P 2d 153 (1984) In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney F Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above. Substitute counsel shall not be used routinely In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another court Within thirty (30) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn G Pay for interpreters for all out-of-court matters Court will provide and will pay for interpreters for non-English speaking defendants for all in- court and pretrial proceedings. H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs (including photocopies of discoverable materials), photocopies, office supplies, 2 office overhead, reports, secretarial services, and out-of-court interpreters. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500.00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J Advise Court when indigence of any given defendant is questionable. Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation Attorney may request a review of the indigence of any defendant assigned to him/her If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee. Attorney shall not solicit any assigned clients for future representation for a fee. K. Give precedence to court settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Anzona Rules of Criminal Procedure L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day 2. ALLOWABLE CASELOAD: No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court. Attorney will be credited with one appointment for each defendant assigned. If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3. OFFICE: Attorney shall have an office or make arrangements to use office that is located within a ten (10) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from TOO a.m. to 6.00 p m., Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4 COMPENSATION In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows: Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700 00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service. Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole 3 compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160.00 per case. Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney All fees will be monitored for reasonableness and for case management. Unreasonable fees will not be paid If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants 5 TERM: This Agreement shall be effective beginning July I 20a and shall continue through Julie 30 , 20/4, subject to the Termination provisions set forth in Section 9 of this Agreement 6. CITY'S STANDARD OF PERFORMANCE. City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this agreement 7 ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable Attorney's practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement. 8 NOTICES. All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel. If to City James Hazel Presiding Magistrate City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Attorney: wr 1I m Pear/m1113 1S+ 37 S vr3 r7'I4- o5 9 TERMINATION: City�shall not terminate this Agreement before the expiration of the contract term unless Attorney breaches the Agreement or violates the laws of this state Either Party may terminate this Agreement by providing thirty (30) days' written notice. City will continue to assign to Attorney for thirty (30) days following notice in accordance with existing standard case assignment procedures, and City will compensate Attorney with a final payment according to the current compensation schedule outlined in Section 4 above At the end of thirty (30) days following notice, City will cease assigning cases to Attorney, no further compensation will be paid, and Attorney will continue to represent remaining clients as required in this Agreement until 4 final disposition of the client's cases is achieved. Attorney may request reassignment of cases to another contract attorney. In such event, Attorney will refund to City the compensation Attorney previously received for such cases 10 INDEPENDENT CONTRACTOR. The relationship created under this agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor This Agreement does not create and employee/employer relationship between the Parties. It is the Parties' intention that Attorney will be an independent contractor and not the City's employee for all purposes, including but not limited to, the application of Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. 11 RECORDS: Records of Attorney'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. Attorney shall maintain records for a period of at least two (2) years after termination of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 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 Attorney. 12 INSURANCE. Attorney shall purchase and maintain minimum professional liability insurance with companies duly licensed, in an amount satisfactory to City/Court. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement 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/Court. City/Court 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 Attorney of any deficiencies in such policies and endorsements, and such receipt shall 5 not relieve Attorney from, or be deemed a waiver of, City's right to insist on strict fulfillment of Attorney's obligations under this Agreement Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney 14. FORCE MAJEURE; Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Attorney in connection with the Project. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 15. INDEMNIFICATION: To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property 6 including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. 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 term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action 18. MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court. 19 LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid, such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business/privilege license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business /privilege license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. 20 MISCELLANEOUS: A All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City B. Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases. 7 C Attorney shall maintain current case logs and disposition records D Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality 21. NONASSIGNMENT: This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable. 22. ENTIRE AGREEMENT This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary 23. SEVERABILITY: City and Attorney each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable law, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed 24. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. 8 ATTORNEY: Gv� By. CITY OF APACHE JUNCTION, an Arizona municipal corporation. By- James W. Hazel Presiding Magistrate 9 PROFESSIONAL SERVICES AGREEMENT WITH _Robert C. Standage_ FOR REPRESENTATION OF DEFENDANTS IN APACHE JUNCTION MUNICIPAL COURT THIS AGREEMENT is made and entered into this ?5 day of , 20_L, by and between the CITY OF APACHE JUNCTION, A ION , an Arizona municipal corporation ("City"), and _Robert C Standage_, Attorney at Law ("Attorney"), sometimes collectively referred to as the "Parties". RECITALS A The Presiding Magistrate of City's Municipal Court (hereinafter the "Court") appoints defense attorneys to provide legal representation services to defendants on an as-needed basis B. To the extent applicable, the City of Apache Junction has complied with the open market procedures set forth in Apache Junction City Code Article 3-7 AGREEMENT NOW, THEREFORE, City agrees to retain and does hereby retain Attorney and Attorney agrees to provide the services required according to the terms and conditions set forth below: 1. ATTORNEY'S DUTIES. Attorney agrees to perform the following professional services' A. Provide legal defense for indigent defendants assigned to Attorney after execution date of this contract by Court Court schedule will not be changed arbitrarily and without prior consideration of Attorney's schedule. Such services shall be on an "as needed" basis and City does not guarantee any minimum compensation or salary B. Represent indigent defendants assigned to Attorney by the City Magistrate. Attorney shall represent defendants from the date of assignment through final disposition of assigned cases, whether the cases are completed during the agreement period or afterwards. Attorney shall be responsible for completing all cases that are active at the end of the Agreement C. Prepare for and appear at all Court proceedings pertaining to assigned defendants including, but not limited to, pretrial conferences, motions, jury and non jury trials, evidentiary hearings, sentence reviews, revocation of probation hearings, special hearings, oral arguments, sentencings, order to show cause hearings, appellate proceedings and special actions, as well as appeals to higher courts Attorney will not be required to be present at arraignments except where defendants request appointment of counsel and qualify for legal defense facilitated by City. In these instances, the arraignment will be continued until the time of a pretrial hearing, when Attorney shall be present. Once appointed, Attorney shall represent each defendant throughout all stages of the proceedings, including appeals and other appropriate post-conviction reliefs, until Attorney is relieved from the case by court. D. Provide personal consultation with clients prior to pretrial disposition conferences when requested or otherwise appropriate. Attorney shall maintain personal contact with all clients until assigned cases are terminated and shall use reasonable diligence in notifying such clients of official Court action resulting from their clients' nonappearance at scheduled court sessions (proof of such notice must be supplied upon request). E Conduct the defense of indigent defendants in conformance with the minimum standards and requirements set forth in State v Watson, 134 Ariz 1, 653 P.2d 351 (1982), and in State v. Smith, 140 Ariz. 355, 681 P.2d 1374 (1984); and in State v Lee, Arizona 142 Ariz 210, 689 P.2d 153 (1984). In the event that a case involves two or more defendants or Attorney declares a conflict of interest, Court may assign one or more defendants to another Attorney. F Provide substitute counsel when unable for any reason to appear in Court or at events described in subsection B above Substitute counsel shall not be used routinely In general, substitute counsel should be used only when Attorney cannot serve as defense counsel because of illness or scheduled vacation, or prior legal commitment of precedence in another court Within thirty (30) calendar days of the execution of this agreement, Attorney shall provide the Presiding Magistrate with the names, addresses and telephone numbers of substitute counsel who will be responsible for providing defense services. No counsel shall be offered as a substitute in performance of defense services without the prior written consent of Court. Such consent shall not be arbitrarily or unreasonably withheld or withdrawn G Pay for interpreters for all out-of-court matters Court will provide and will pay for interpreters for non-English speaking defendants for all in- court and pretrial proceedings. H. Pay all costs incurred in the representation of indigent defendants assigned by Court pursuant to this agreement including, but not limited to, office space, telephones, transportation, photographs (including photocopies of discoverable materials), photocopies, office supplies, 2 office overhead, reports, secretarial services, and out-of-court interpreters. I. Obtain Court approval of all expert witnesses. City will be responsible for fees for expert witnesses up to a maximum of $500 00 per case, with the $500.00 figure exceeded only where appointment of such witness is ordered by Court. J. Advise Court when indigence of any given defendant is questionable Attorney shall not be asked to advise clients until the Court has determined that they are indigent and are entitled to court-appointed Attorney representation Attorney may request a review of the indigence of any defendant assigned to him/her. If Court makes a determination of non-indigence of such a defendant and allows Attorney to withdraw, Attorney shall not represent that defendant in that case for a fee Attorney shall not solicit any assigned clients for future representation for a fee. K Give precedence to court settings in the Court over civil cases and all other criminal cases in other courts which do not have precedence as provided by the Arizona Rules of Criminal Procedure L. Serve as advisory counsel to in-custody defendants being seen by Court on the attorney regularly scheduled appearance day 2 ALLOWABLE CASELOAD. No more than 165 defendants will be assigned to Attorney during the term of this Agreement by the Court Attorney will be credited with one appointment for each defendant assigned If Attorney is appointed to represent a defendant who has more than one municipal court case pending, Attorney shall be credited with one-half of one appointment for each additional municipal court case associated with each assigned defendant. 3 OFFICE Attorney shall have an office or make arrangements to use office that is located within a ten (10) mile radius of the corporate limits of City for personal consultation with clients when requested and otherwise appropriate. Such office must receive clients in person and by telephone from 7:00 a.m to 6 00 p m , Mondays through Thursdays, but not Fridays, Saturdays, Sundays and legal holidays. 4. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Attorney for its professional services as follows Regardless of number of hours worked or number of defendants represented, Attorney shall receive compensation in the amount of $20,700.00 annually, payable at a monthly rate of $1,725.00 per month, billable at the end of each month of service Should any case be appealed to Superior Court, to include any special action, Attorney shall receive an additional $500.00 as the sole 3 compensation for conducting such appeal. Any additional cases assigned above this annual amount shall be compensated at $160 00 per case Attorney shall submit monthly invoices for payment no later than the tenth day of the calendar month for which Attorney is billing. City will make payment to Attorney within thirty (30) calendar days from date of receipt of invoice from Attorney. All fees will be monitored for reasonableness and for case management Unreasonable fees will not be paid. If Attorney is present for pretrial for multiple defendants, the time charged to Court is to be divided by the number of defendants. 5. TERM: This Agreement shall be effective beginning July 1, 2012 and shall continue through June 30, 2014, subject to the Termination provisions set forth in Section 9 of this Agreement. 6. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Attorney with all data, information and other supporting services necessary and reasonable for Attorney to perform the services set forth within this agreement. 7 ATTORNEY'S STANDARD OF PERFORMANCE: While performing the services, Attorney shall exercise the reasonable professional care and skill customarily exercised by reputable Attomey's practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising his/her professional skill and expertise. Attorney shall be responsible for all errors and omissions Attorney commits in the performance of this Agreement 8 NOTICES' All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel. If to City: James Hazel Presiding Magistrate City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 If to Attorney. Robert C. Standage_ _PO Box 52438 _Mesa, AZ 85208 9. TERMINATION: City shall not terminate this Agreement before the expiration of the contract term unless Attorney breaches the Agreement or violates the laws of this state Either Party may terminate this Agreement by providing thirty (30) days' written notice. City will continue to assign to Attorney for thirty (30) days following notice in accordance with existing standard case assignment procedures, and City will compensate Attorney with a final payment according to the current compensation schedule outlined in Section 4 above At the end of thirty (30) days following notice, City will cease assigning cases to Attorney, no further compensation will be paid, and Attorney will continue to represent remaining clients as required in this Agreement until 4 final disposition of the client's cases is achieved. Attorney may request reassignment of cases to another contract attorney. In such event, Attorney will refund to City the compensation Attorney previously received for such cases 10. INDEPENDENT CONTRACTOR: The relationship created under this agreement between Attorney and City/Court shall be solely that of an independent contractor, and nothing contained herein shall be construed to create a relationship of principal-agent, employer-employee, partnership, joint venture, or any relationship of any kind other than independent contractor. This Agreement does not create and employee/employer relationship between the Parties. It is the Parties' intention that Attorney will be an independent contractor and not the City's employee for all purposes, including but not limited to, the application of Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Arizona revenue and taxation laws, Arizona worker's compensation law, and Arizona unemployment insurance law. Attorney will retain sole and absolute discretion and judgment in the manner and means of carrying out Attorney's activities and responsibility hereunder. As an independent contractor, Attorney is not required to perform work exclusively for City during the term of this Agreement. 11. RECORDS Records of Attorney'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 Attorney shall maintain records for a period of at least two (2) years after termination of this Agreement or for such time as is required applicable ethical rules and/or opinions, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours 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 Attorney. 12 INSURANCE Attorney shall purchase and maintain minimum professional liability insurance with companies duly licensed, in an amount satisfactory to City/Court All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, at the sole discretion of City/Court, constitute a material breach of this Agreement. 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/Court City/Court 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 Attorney of any deficiencies in such policies and endorsements, and such receipt shall 5 not relieve Attorney from, or be deemed a waiver of, City's right to insist on strict fulfillment of Attorney's obligations under this Agreement. Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 13. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Attorney 14. FORCE MAJEURE: Neither City nor Attorney, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terronsm), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Attorney in connection with the Project. Attorney agrees that Attorney alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay, provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 15 INDEMNIFICATION To the fullest extent permitted by law, Attorney shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Attorney, its agents, or employees in the performance of this Agreement. Attorney's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property 6 including loss of use resulting therefrom, caused by an Attorney's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Attorney, or any other person for whose acts, errors, mistakes, omissions, work or services Attorney may be legally liable. The provisions of this paragraph shall survive termination of this Agreement. 16. WAIVER OF TERMS AND CONDITIONS' The failure of City or Attorney to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. 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 term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 18 MODIFICATION OF CONTRACT: This contract shall be automatically modified to comply and conform to any subsequent change (regarding indigent representation) imposed by case law or rules promulgated by the Arizona Supreme Court 19 LICENSE: Attorney represents and warrants that any license necessary to perform the work under this Agreement is current and valid; such license includes but is not limited to an Arizona license to practice law and a City of Apache Junction business/privilege license. Attorney understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Attorney agrees to obtain a business /privilege license pursuant to Chapter 8 of the Apache Junction City Code and keep such licenses current during the term of this Agreement. 20. MISCELLANEOUS. A. All agreements shall be interpreted to avoid questions of unethical conduct by Attorney or City. B Attorney shall not collect or receive any payment or remuneration from defendants assigned to Attorney under this Agreement for services provided on the assigned cases 7 C. Attorney shall maintain current case logs and disposition records. D Attorney shall not discriminate against any employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. E. Attorney shall permit the authorized representatives of City to inspect and audit records of Attorney relating to his/her performance under this contract within the confines of confidentiality. 21 NONASSIGNMENT. This is a personal service contract based on the personal reputation, expertise, and qualifications of Attorney and Attorney's duties under this Agreement are therefore not assignable 22. ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Attorney and supersede all prior negotiations, representations or agreements, express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto Written and signed amendments shall automatically be considered enforceable contract provisions, and shall supersede any inconsistent provisions of any previously negotiated agreement and any applicable amendments thereto, provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 23. SEVERABILITY City and Attorney each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties . as if such severance and reformation were not required Unless prohibited by applicable law, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 24. CONFLICTS OF INTEREST* This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A R.S § 38-511 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written 8 ATTORNEY Q--‘34^46-(— By: CITY OF APACHE JUNCTION, an Anzona municipal corporation. By: James W Hazel Presiding Magistrate 9 P7ACHf G tiro C;ity of Apache Junction z Home of`tlhe Siipcl:c/ition :11 oltntclln.c 4RI2ot Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PW 2012-04 BULK FUEL. ACTION REQUESTED; Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Two bids were received in response to the solicitation Staff recommends entering into an agreement with Southern Counties Oil Co. dba SC Fuels for delivery of bulk fuel to the city fueling station located at public works. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: 'resentation and discussion. ATTACHMENTS: Click to download D Memo to Council D Agreeement D Attachment A .4 G2 Public Works Department o ary ft46øcd U Z Home of the Superstition Mountains 4Rt 00' DATE' May 17, 2012 TO• MAYOR AND MEMBERS OF THE CITY COUNCIL THRU. GEORGE HOFFMAN, CITY MANAGER GIAO PHAM, INTERIM PUBLIC WORKS DIRECTOR SHANE KIESOW, PUBLIC WORKS MANAGER FROM. HEATHER HODGMAN, PUBLIC WORKS MANAGEMENT ASSISTANT SUBJECT. PW 2012-04 BULK FUEL In response to the City's Notice of Inviting Bid Proposals for PW 2012-04 dated May 8, 2012, the City received two (2) bids. Staff is recommending entering into an agreement with Southern Counties Oil Company dba SC Fuels for a period of one (1)year with an automatic renewal of the agreement for four one (1) year periods. Republic Services submitted a responsive and responsible bid proposal dated May 5, 2012 Southern Counties Oil Co. dba SC Fuels .01910/gal —red dyed diesel .27560/gal —clear diesel 21341/gal —unleaded 25091/gal— E85 Petroleum Traders Corporation .04030/gal— red dyed diesel 32970/gal —clear diesel .27940/gal—unleaded No Bid -E85 Staff requests City Council to give consideration of award of contract to Southern Counties Oil Company dba SC Fuels 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 BULK FUEL PROJECT NO. PW 2012-04 THIS AGREEMENT made and entered into by and between the CITY OF — APACHE JUNCTION, an Arizona municipal corporation ("City") and Southern Counties Oil Company, dba SC Fuels, a California corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A) In response to City' s Notice Inviting Bid Proposals dated May 8, 2012, and any addendums applicable thereto, Contractor submitted a proposal dated May 5, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this material; and B) City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and C) City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contactor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to provide materials, and Contractor agrees to provide the materials in accordance with the terms �.. and conditions set forth below: 1. PROJECT DESCRIPTION: Contractor shall provide and deliver or cause to be provided and delivered in a good workmanlike manner, the materials in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW 2012-04, on file with the Public Works Department, which includes the following product description: Bulk supply and delivery of red dyed diesel, clear diesel, unleaded gasoline and E85 gasoline per bid PW 2012-04 specifications. 2 . PAYMENTS: Payment will be made by the City within thirty (30) calendar days after completion and acceptance of the material. Total amount of this Agreement shall not exceed $500, 000 . 00 . 1 3. CONTRACT TIME: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30, 2013. The Agreement will be renewed automatically and continuously for four successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets for and appropriates funds for the successive renewal terms; and 2) neither Party terminates this Agreement. 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. 4. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 5. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, Agaukk quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period 2 of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 6. WARRANTY: Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance and within fourteen calendar days of notice of defect in writing by the 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. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warranties, 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, privilege use and other similar taxes 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 .M. 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 privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. 9. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty 3 to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, ,^ omissions, work or services Contractor may be legally liable. 10. SUB-CONTRACTORS: 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. 11. 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 shall recover all costs including reasonable attorney fees to be determined by the court in such action. 12. 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. AMbk 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. 4 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 contain deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to CITY .m. 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 and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties . REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. 5 If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and 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 ..o. 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 all Subcontractors 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 Contractors 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 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) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title. 13. TERMINATION: Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 6 Ainkk 14. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2013, at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Price adjustments will be considered provided said adjustment (s) are '! submitted with 15-calendar days advance written notice to the Public Works Director. Prices shall be in effect for the duration of the contract at the unit prices bid. 15. QUANTITY All "unguaranteed" quantities stated in the Contract are subject to adjustment as dictated by the City requirements . Unguaranteed Quantities at variance with stated bid quantities may be purchased as required during the term of the Agreement at the quoted prices. 16. 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. 17. 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. 18. 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. 19. 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 thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 7 20. SAFETY: Except as provided herein with respect to trench excavation and traffic regulations, Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 21. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available thereunder 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 thereunder except as may be specifically agreed to in writing. 22. RECORDS: Records of Contractor' s material, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 23. 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. 24. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance ''` with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8 25. 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. 26. 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. 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 9 maintenance of any structure, building or transportation facility or improvement to real property. 27. COOPERATIVE USE OF CONTRACT: The City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. 10 AM he Al ft. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2012 . CONTRACTOR: A California corporation By: Its: CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Its: MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney 11 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated _day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's SUB-CONTRACTORS in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect: PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the ''ia. judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 2012. PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY: 12 CITY OF APACHE JUNCTION PROJECT NO. PW CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of: NAME OF INSURED: ADDRESS Ask 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 Occurrence; General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 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 If a policy /Milk 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 Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer Notary Public My Commission Expires: 13 r Attachment A • COST PROPOSAL Pro3ect No. 2012-04 Firm/Company Scut s,r n CO 1.1*1.0..S Q►\CO. d o 3C....C14.1S Contact Name: C j QjC yciec Address: P, 15 e_. "(ZS(03` Telephone#: �A5)3%9-355a Email. J QQk.® SC�rt SCAM ++++++I I I I-H--f-+++++++++++-H-+++-1-I-I-1 I++-f-+++++I I I I+-i-++-H-+++-I 1 i 1+ For purposes of this bid,the Bidder shall use this Cost Proposal Form for the OPIS daily average for April 30,2012. The Bidder's signing of this form will attest to the pricing put forth on this form. The unit price/gallon as illustrated below shall include the OPIS daily average price+/-discount or mark up (Differential), delivery charge(Freight),taxes,and other charges with the total differential overall. The unit price/gallon shall be carried to 4 decimal places as illustrated below City of Apache Junction Public Works Facility: Delivery Address 575 E Baseline Ave Delivery accepted Monday through Thursday between the hours of 6 30 am and 4:00 pm. Traditional- Other Total Location "Unguaranteed" Differential Freight Taxes Charges Differential Quantity 575 E.Baseline Item 1: �p Ave., Apache +/-3,000 gallons of r O.CS320 Q.UJOZ 0.0121 Q O.%9_1_0 Junction AZ 85219 Red Dyed Diesel fuel 575 E. Baseline Item 2. •.1M.34. Ave,Apache +/- 15,000 gallons of — lt" , , Q.03B2 O.tflg 0 0.1-7 4 .�. Junction AZ 85219 Clear diesel fuel 575 E Baseline Item 3. Ave,Apache +I- 20,000 gallons —o.On 5 0.03820,icts1( Q 0.2134 t Junction AZ 85219 of unleaded fuel Baseline [tern 4: Ave., 03S20.2.5091 Av Apache +/-20,000 gallons of '��� �, Q.1Q,it 0 Junction AZ 85219 E85 fuel Guaranteed - Other Total Location "Take or Pay" Differential Freight Taxes Charges Differential Quantity 575 E.Baseline Item 1• q Ave.,Apache 6,000 gallons of red -'0.43?A Q��l2 Ota2-1 d _ 0.01910 Junction AZ 85219 dyed diesel fuel 14 575 13 Baseline Item 2• Ave.,Apache 30,000 gallons of 0i 5 UM. O,'21? 0 0,215c Junction AZ 85219 clear diesel fuel 575 B.Baseline Item 3 --- Ave,Apache 75,000 gallons of —0A1 S O, 2,. 0,192? 0 0,2-1L 1 Junction AZ 85219 unleaded fuel 575 13. Baseline Item 4: — — Ave,Apache 35,000 gallons of 1385 +1,14,C0 0,,M9 039271 d O_LI.5`9 , Junction AZ 85219 fuel Apache Junction Unified School District:Delivery address 2535 S Ironwood,Apache Junction Delivery accepted Monday through Thursday between the hours of 6.00 am to 4:00 pm(June-August) Dehvery accepted Monday through Friday between the hours of 5 30 am to 5:30 pm(August-June) Traditional- Other Total Location "Unguaranteed" Differential Freight Taxes Charges Differential Quantity 2535 S Ironwood, Item 1 Apache Junction +/- 6,000 gallons of "-00115 0,0112, 0,J921( 0 0,�134 AZ 85219 Unleaded fuel 2535 S Ironwood, Item 2 Apache Junction +/-70,000 gallons of —Oi 2_ Q OUR 0 0.019(0 AZ 85219 Red Dyed diesel fuel Guaranteed �._ Other Total Location "Take or Pay" Differential Freight Taxes Charges Differential Quantity -, 2535 S Ironwood, Item 1- Apache Junction 10,000 gallons of "0,0115 0�O.�02p 2. Di(q' ii o Q,'i3t AZ 85219 Unleaded fuel 2535 S Ironwood, Item 2: +. Apache Junction 95,000 gallons of Red "-�,(� Q,f _0.0125 0 0101°t 10 AZ 85219 dyed diesel fuel Contractor Signature: *j`yVV1y\* Date: 5/H/12. 15 1•""(✓G Cat of Apache junction U # z Honie of/be .S iipe;tition Mountains Print TO: City Manager's Office FROM: Heather Hodgman, Public Works Management Assistant DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PW 2012-01 TRASH AND RECYCLE MATERIAL REMOVAL AT CITY FACILITIES. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Three bids were received in response to the solicitation. Staff recommends entering into an agreement with Republic Services for trash and recycling material removal at city facilities. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION: ,'resentation and discussion. ATTACHMENTS: Click to download © Memo to Council LI Contract PPACHE Public Works Department aty 0 z Ahae J Home of the Superstition Mountains 4Rf ONP DATE: May 3, 2012 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL THRU: GEORGE HOFFMAN, CITY MANAGER GIAO PHAM, INTERIM PUBLIC WORKS DIRECTOR SHANE KIESOW, PUBLIC WORKS MANAGER FROM: HEATHER HODGMAN, PUBLIC WORKS MANAGEMENT ASSISTANT SUBJECT: PW 2012-01 TRASH AND RECYCLE MATERIAL REMOVAL FOR CITY FACILITIES In response to the City's Notice of Inviting Bid Proposals for PW 2012-01 dated March 20, 2012, the City received three (3) bids Staff is recommending entering into an agreement with Republic Services for a period of one (1)year with an automatic renewal of the agreement for four one (1)year periods. Republic Services submitted a responsive and responsible bid proposal dated March 16, 2012. Republic Services $10,857.24 yearly total Right Away Disposal $11,024.00 yearly total Waste Management of Arizona, Inc. $14,252.51 yearly total Staff requests City Council to give consideration of award of contract to Republic Services 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 TRASH AND RECYCLE MATERIAL REMOVAL PROJECT NO. PW 2012-01 THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and REPUBLIC SERVICES, INC, a Delaware corporation ("Contractor") , sometimes collectively referred to as the "Parties". RECITALS A. In response to City' s Notice Inviting Bid Proposals dated March 7, 2012, and any addendums applicable thereto, Contractor submitted a proposal date March 20, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this material; and B. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code Article 3-7; and C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: 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 the contract documents as fully described in the Notice Inviting Bid Proposals for Project No. PW 2012-01 which includes all required specifications. 2. CONTRACT TIME: The terms of this Contract shall be from the date of written notice of the acceptance of the proposal by the City Council to June 30, 2013. The Agreement Ef will be renewed automatically and continuously for four successive periods of one (1) year, from the original signing of the Agreement as long as 1) City budgets for and appropriates funds for the successive renewal terms; and 2) neither Party terminates this Agreement. 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. 3. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and }' attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees, sub-contractors and their agents and employees and other persons providing any of the materials under any contract document. 4. ENFORCED DELAYS (FORCE MAJEURE) Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco- terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 5. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes 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. 6. 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 privilege tax license pursuant to Article 8-2 of the Apache Junction City Code and keep such license current during the term of this Agreement. 7. INDEMNIFICATION: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against all 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 Subcontractors 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. 8. SUB-CONTRACTORS: 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. Ask.,, ' 9. 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 shall recover all costs including reasonable attorney fees to be determined by the court in such action. 10. 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 contain deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to emS 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 and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contactor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and 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 F 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 all Subcontractors 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 Contractors 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 work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. { 7 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from ,p Contractor. All Certificates of Insurance shall be identified with bid serial number and title. 11. TERMINATION: Either Party may terminate this Agreement with or without cause as long as ninety (90) calendar day advance written notice is communicated to the other Party. 12. PRICING: The total cost amount as outlined in the Cost Proposal of the Bid Proposal (Attachment A) includes all applicable taxes, preparation charges, if any, transportation and delivery charges fully prepaid by the Contractor to the destination specified. All contracts will be operable for their full term, ending on June 30, 2013, at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Price adjustments will be considered provided said adjustment (s) are submitted with 15-calendar days advance written notice to I. the Public works Director. Prices shall be in effect for the duration of the contract at the unit prices bid. 13. 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. 14. 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. Aaftk 15. 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. Am\ 16. 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 thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms. 17. SAFETY: Contractor and/or its Subcontractors shall be solely responsible for job safety at all times. 18. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies !; available thereunder 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 thereunder except as may be specifically agreed to in writing. 19. RECORDS: Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 20. 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. { 21. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. 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. 23. 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. AdmIN 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. 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. 24. COOPERATIVE USE OF CONTRACT: The City has entered into Ao1; various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of the Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City shall not be responsible for any disputes arising out of transactions made by others. Ask IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2012. CONTRACTOR: OIN 44Neet 4 TI ham, a Delaware corporation By: e;545%,"' Its: Gck*ea] A. 40.10.44e. CITY OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Its: MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney { STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS' That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall p promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's SUB- CONTRACTORS in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect- PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of 2012. PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY { { { CITY OF APACHE JUNCTION PROJECT NO. PW CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of: i►. 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 Occurrence; General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 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. 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 Mayor, Council, appointees, officers, employees and agents, are additional insured parties Date: Countersigned by. Title: SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer. Notary Public My Commission Expires: t1 1 I Attachment A i Current List of Containers and Locations Project No. 2012-01 PRICE INCLUDES DELIVERY AND APPLICABLE TAXES City Site Address # Size Pick Days Wkly Cost Mo .•� Department Containers ups eilt Public Works 575 E Baseline 2 { 3 yard 2 Mon/Thurs •�D14A1�Ave 11 Mixed 1 6 yard 2 Mon/Thurs Recycling 110'g� �'�� Library 1177 N Idaho 1 6 yard 3 Mon/Wed/Fri t.��• .S i Dr 15;t Ylto Police 1001 N Idaho 1 8 yard 2 Mon/Thurs 1.13J(q $6 Department Rd Animal 725 E Baseline 1 3 yard 1 Tuesday �� so'�Control Ave ; City Hall 300 E 1 6 yard 2 Mon/Thurs Complex Superstition tiAL,1), +1b7 4 Blvd Prospector 3015 N Idaho 1 8 yard 2 Tues/Fri Park Rd o17•1B� AIR.% Multi 1035 N Idaho 1 6 yard 2 Tues/Fri Generational Rd Building + �' � • Mixed 1 6 yard 1 Tuesday Recycling 3$•it-p A'3,•3 AJ Water 660 N 16th Ave 1 3 yard 1 t Tuesday District f€1- --} '440-la Tax Rate. "8- % Yearly Total: $ WIttri•c-4. Yearly Total in words: jrkitvaly flaw el tektir6 15 -=wx-:. f, .-.. ; W-"""�'mac.- r;,Y .,a.- - 'il as;` r:. -a Pp0,CFit✓G O �O '" , _,1• , of Apache Jun c„.oja U Home of the Saperciition A l ouni ins Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON RESOLUTION NO 12-23, ADOPTING THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFITS TRUST TO MODIFY THE TRUST DOCUMENT TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN TRUST. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Legal counsel for the trust requests getting the name change in prior to July 1. All the cities involved are taking this to their councils in June. FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download ❑ resolution no. 12-23 RESOLUTION NO. 12-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, ADOPTING THE RECOMMENDATION OF THE STEERING COMMITTEE OF THE METROPOLITAN PHOENIX MUNICIPAL EMPLOYEE BENEFITS TRUST ("MPMEBT") TO MODIFY THE TRUST DOCUMENT TO CHANGE THE NAME OF THE TRUST TO THE ARIZONA METROPOLITAN TRUST ("AzMT) . WHEREAS, the Mayor and City Council of the City of Apache Junction, Arizona are empowered pursuant to A.R.S. § 11-952 .01 to join with two or more public agencies to provide for health, accident, life and/or disability benefits for employees and officers of the City of Apache Junction through either insurance or self-insurance, and WHEREAS, the Mayor and City Council of the City of Apache Junction , Arizona authorized the City of Apache Junction to enter into an agreement with other entities to form the Metropolitan Phoenix Municipal Employee Benefit Trust ("MPMEBT") to provide employee benefits of the type generally described under the provision of A.R.S. § 11-952 .01; and WHEREAS, the Steering Committee of MPMEBT has proposed changing the name of the MPMEBT to the Arizona Metropolitan Trust to more accurately reflect its member entities. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Apache Junction, Arizona, approving the change in the name of the MPMEBT to the Arizona Metropolitan Trust, and the modification of the Declaration of Trust and Bylaws to reflect the name change. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012. SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO Mayor RESOLUTION NO. 12-23 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 12-23 PAGE 2 OF 2 ppACH ✓ C1.0 of Apache junction Hoare of the Slicer:c/ition Mountains \\;tR1 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROCESS FOR FILLING COUNCIL VACANCY CREATED BY THE RESIGNATION OF CLARK SMITHSON ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Clark Smithson resigned his position as a councilmember in order to take a seat on the county board of supervisors. This item provides council with the opportunity to discuss options for filling the vacancy. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Discussion only. ATTACHMENTS: Click to download No Attachments Available �PpACHF ° z City of Apache Junction , Home of the .Super.+7ttton Mountains gR►10�� Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: DISCUSSION ON CITY COUNCIL CONSIDERATION OF STRATEGIC PLANNING AND POSSIBLE NEXT STEPS. ACTION REQUESTED; DISCUSSION/ BACKGROUND INFORMATION: City council will discuss strategic planning and possible next steps as a result from discussion at their session on May 12. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available pp. Hv G • City of ipache_function Home of the Supe :ciition Mountains 4PizOto* Print TO: City Manager's Office FROM: Liz Riley, Human Resources Director DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Organizational Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", AND ORDINANCE NO. 1383, ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2012 AMENDMENTS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES", REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Human Resources Director Liz Riley will present and discuss with council the proposed changes to the City of Apache Junction Personnel Rules. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D Cover Memo D Ordinance No. 1383 D Resolution No. 12-22 D Pers Rules Section 2 D Pers Rules Section 6 D Pres Rules Sectionl0 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEMS ID 4 J 1 Rule 3. General Provisions Section 2. Loyalty Oaths All employees are required to sign a loyalty oath (Oath of Office) upon employment with the City as required by ARS§ 38-231. Section 3. Residency Requirements and Use of City Vehicle Residency All employees are encouraged to reside within the corporate limits of the City of Apache Junction. The City Manager, City Attorney, Director of Public Safety/Police Chief, Police Captains, Public Works Director and other persons the City Manager may specify are designated to be key emergency personnel and are required to live within a 15 minute response time to their work location. Certified police officers are required to live within a 25 minute response time to the police department. On a case by case basis, upon written recommendation of the chief of police, the city manager can provide a written waiver of this requirement for certified police officers Such waiver will be placed in the officer's personnel file Use of City Vehicle Key emergency personnel shall have the use of a City vehicle 24/7 No employee, who resides outside the corporate limits of the City, unless designated by the City Manager in writing, shall have the use of a city vehicle for other than regular working hours Rule 8 Attendance and Leaves Section 6. Leave of Absence without Pay A written request for a Leave of Absence without Pay must be submitted to the employee's department director The employee's department director reviews the request and, if supported, submits it with his/her support to the Human Resources director for consideration Leave shall be granted only upon written approval of the Human Resources Director, and may be granted for no more than three (3) months in a 12 month period A leave of absence without pay may be granted for up to 12 months, if the absence is due to a workers' compensation covered event Benefits, Accruals, Holidays When an employee is granted a leave of absence without pay of at least one full pay period. - The employee's health and dental benefits will be cancelled - The employee may, at his/her option continue health and dental coverage through COBRA - The city's Human Resources Office will issue a COBRA letter and the employee may elect to continue his/her heal and dental insurance and pay the full premium (employee and employer potion) plus 2% - Credits do not accrue - The employee is not entitled to compensation for holidays that are eligible for holiday pay Retirement Credit - The employee is encourage to consult with his/her retirement system for information regarding retirement service credit and his/her leave of absence without pay Termination of Leave of Absence without Pay - An employee on a Leave of Absence without Pay is not protected from changes at work and is not entitled to any greater restoration right than those of an employee not taking a Leave of Absence without Pay. Upon return from a leave of absence without pay, the employee shall be reinstated to the position held at the time leave was granted, only if the position is available. - Failure on the part of an employee to report to duty upon expiration of the leave shall be cause for discharge The effective date of discharge will be the first date of leave of absence without pay Rule 8 Attendance and Leaves Section 10. Administrative Leave With the approval of the Human Resources Director, employees may be placed on paid administrative leave while conduct is being investigated and/or possible disciplinary action is being contemplated or the employee is undergoing fitness for duty exams and while the City is awaiting the results of such exams. Employees on paid administrative leave are subject to the Personnel Rules and other City policies/procedures, and may be required to report to their supervisor on a regular basis. PpACHf� 'Po o f pache Junction Ciy o Home of the .Supei:c/itioii Mountains 4ai1Ot4' Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION ON PROCESS AND PROPOSED RESOLUTIONS TO BE SUBMITTED TO 2012 RESOLUTIONS COMMITTEE OF THE LEAGUE OF ARIZONA CITIES AND TOWNS. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The mayor and council have an opportunity to propose resolutions for consideration by the 2012 League Resolutions Committee. Assistant to the City Manager Matt Busby will brief the council on this item. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 'ECOMMENDATION: Discussion only. ATTACHMENTS: Click to download ❑ resolutions packet - - League of Arizona -er` ~ 1R20IV.Waslnnglon Phueiux,AZ 8S007 Phone:(f)2)25K-5786•fax..(602)253 3874 Cit 1 e :�\L�1I'ovris c J nwwarJcagttc t n)t May 7,2012 The Honorable John Insalaco Mayor of Apache Junction 2320 W 10th Ave Apache Junction, AZ 85120 Dear Mayor Insalaco It is my privilege to appoint you to the 2012 Resolutions Committee of the League of Arizona Cities and Towns. Mayor Jay Tibshraeny of Chandler from the League's Executive Committee has agreed to serve as the Chairperson of this year's Resolutions Committee. The Committee is responsible for recommending items for the League's 2013 legislative program based upon a review of all resolutions submitted by Arizona's cities and towns The adopted resolutions are outlined in the annual Municipal Policy Statement which serves as the principal guide for the League's legislative program for the upcoming session In addition to serving on the comnuttee, you are respectfully requested to begin the process of formulating this year's resolutions Resolutions are due to the League no later than June 15 As you develop your resolutions, please keep in mind that they should be broadly applicable to all cities and towns across the state and should advance our common municipal goals A focused, strategic policy agenda will provide us an opportunity to make the greatest impact at the Legislature Attached you will find _ Resolutions Committee Calendar Resolutions Format Sheet(Due June 15) Resolutions Committee Procedures RSVP Form(Due June 15) Resolutions Tip Sheet ri 2012 League Resolutions Current Status Sheet The Resolutions Committee will meet on Tuesday, August 28, 2012 at 1.30 p in as part of the League Annual Conference at the Hyatt Gainey Ranch in Scottsdale. Lunch will be provided before the meeting. The resolutions will he formally adopted at the League's Annual Business Meeting on Thursday,August 30,2012 at 4:00 p m. Please officially accept your appointment or designate a council representative to serve your city/town on the 2012 Resolutions Committee, and submit your resolutions by emailing your responses to fesolutions@arleauue.org or faxing the enclosed RSVP form and resolutions format sheet to the League at 602-253-3874 no later than June 15,2012. We hope that all 91 cities and towns will make their voice heard on the Resolutions Committee If you have any questions or comments regarding the Resolutions Committee, your appointment or the resolution submittal process, please do not hesitate to contact the League office. Sincerely, Doug Von Gausig,President Mayor of Clarkdale Enclosures cc(via email)• Managers,Clerks without:Managers, Intergovs 2012 Resolutions Committee Calendar April: Mayor Jay Tibshraeny appointed as 2012 Resolutions Chairman. May 7: Letters sent to all Arizona Mayors appointing them to serve on the Resolutions Committee. June 15: Deadline for Mayors to officially accept appointment or designate a council representative to serve on the Resolutions Committee. June 15: Deadline for resolutions to be submitted to the League Office by 5:00 pm. Early July: Resolutions Subcommittee meeting. Mid July: League to send out resolutions agenda packets to Resolutions Committee members August 28: Resolutions Committee meeting at the League Annual Conference in Scottsdale. August 30: Resolutions ratified at the League Annual Business Meeting LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS COMMITTEE PROCEDURES 1 Resolutions Committee Appointment The President shall appoint, at least ninety days before each Annual Conference, the Chairman and members of the Resolutions Committee Only one elected official from each city or town shall be appointed to the Committee. 2. Duties elmN The Resolutions Committee shall adopt statements of policy amending the annual Municipal Policy Statement, special resolutions and such other resolutions of courtesy,commendation or appreciation as the Committee deems appropriate 3 Submission of Resolutions A All resolutions, including resolutions of courtesy, commendation or appreciation, may be considered by the C.oninuttee provided such resolutions are submitted in proper form to the League office by the published deadline Each resolution submitted shall be sponsored by at least two cities and/or towns League staff shall review and, where appropriate, provide additional information on the impact of the resolution B All resolutions submitted by the deadline specified in subsection A of this section along with fact sheets and recommendations of the Resolutions Subcommittee shall be distributed to Committee members at least six weeks prior to the meeting. C Except in the case of emergency as determined by the chair of the committee, no resolutions submitted after the deadline specified in subsection A of this section may be considered. 4 Resolutions Committee Process A The Committee shall hold a meeting at the Annual Conference for consideration of resolutions Notice shall be given to each member at least six weeks in advance of the meeting. B. Prior to the meeting, the chair of the Resolutions Committee will appoint and convene a Subcommittee of the Resolutions Committee to review and evaluate the submitted resolutions for municipal relevancy, duplication and completeness The subcommittee may make minor editing changes for clarity, may consolidate resolutions on the same topic and may place submitted resolutions into the following categories. Recommended for Adoption, Not Recommended for Passage, Critical Municipal Issue or any other categories at the discretion of the Subcommittee C Resolutions may be amended according to the process established by the Chairman of the Committee. 5 Final Report After the Resolutions Committee meeting, the Chairman of the Committee or a designee shall report to the entire League membership at the Annual Business Meeting those resolutions adopted by the Committee Resolutions adopted by the Committee shall be formally adopted by the membership at the Annual Business Meeting and become the basis for the annual Municipal Policy Statement. TIPS FOR A SUCCESSFL'j RES9J T JQN SUB 4ISSION *Resolutions are statements of policy that, once adopted by the Resolutions Committee, are used to form the League's municipal policy goals for the upcoming legislative session. A successful policy agenda will be focused and strategic: please consider how your resolution will impact the overall goals. There are two types of resolutions: I) Statements requesting a specific action. such as requesting that the Legislature protect shared revenues. 2.) Statements of general policy direction, such as supporting increases for transportation funding. 1. Resolutions should be broadly applicable and advance our municipal goals. • Please take note, the resolutions process is designed for issues that impact the majority of all of Arizona's cities and towns. Submitted resolutions that impact only a single city/town or limited number of cities and towns are not generally part of the League's overall agenda. If your city/town has an issue(s) that just impacts your community, please notify League staff and we can assist you with this issue during the legislative session 2. Resolutions must be sponsored by at least 2 municipalities. • Some communities require council action to support a resolution. Take this timing into consideration when finding co-sponsors. • Each sponsoring municipality must provide the League with written confirmation of their support. 3. Resolutions must be submitted to the League no later than 5:00 pm June 15, ,.1, 2012. • Electronic submission is preferable. Please email your resolution to Dale Wiebusch at resolutions@azleague.org. 4. Resolutions must be correctly formatted with all blanks adequately filled in. • Other cities and towns rely on your information to decide whether or not to support a resolution. Clear, concise and complete information is essential. • Please do not write in all caps or modify the format provided. LEAGUE OF ARIZONA CITIES&TOWNS RESOLUTION FORMAT Text of Resolution(insert one or two y oncise sentences describing<i hat action or policy you are proposing) Submitted by: (Lest the inunieipahttes sponsoring this Resolution—there mast be at least two- _— * * t,a * x k * * * * * *x ai k. Purpose and Effect of Resolution(Explain your proposal and provide any re1ev0n1b0kgrwM1nf0rr4411on.) B. Relevance to Municipal Pnlicy.(Eapktinhu* the resolution impacts cuiesi:owrzsThTnughOw the tare.) C. Fiscal impact to Cities and Towns(Explain the potential fiscal impact,if any,to chum/towns. Include any cost estimates tf possible.) D. Fiscal Impact to the State ildennfypossible state or federal funding sources and of the impact to the state would be an appropriation of monies or a tax credit,exemption,etc) Amok L. Contact Information Name. Title: 'Thom. t'mail 1 f __.W..n.._.._.._ ____ League of Arizona Cities & Towns 2012 Resolutions No `___ Resolutions.: Legislative Action 1 Protect the shared revenue funding formula;prohibit cast.shifts No shared revenue.at t:u ks, -- ..._..�._ _ AllW R fee repealed 2 Freeze 11URF sweeps, restore BURP funding MVU 11t][tF sweep _w Parks funding bill vetoed, but 3 Protect revenue authority of the Arizona State Parks (ASP) money included in the budget. 4 Restore the Arizona State Park Heritage Funds Bills did not advance. No attacks on current tools. 6 Economic development tools Revenue allocation districts bill vetoed. 9 Support regulation of"tattoo"establishments No additional regulation ro osed. 10 criminal damage by graffiti __ _ Bill not heard in committee. 11 Greater exibilit,in annexing county islands No legislation introduced. 12 Public records requests reform _ �T Stakeholders' meetings. Interim committee held 13 Allowfor onlinepublication ofnotices hearing but no legislation advanced. 15 Aggregate. Net Metering(ANh1) ._ Stakeholders' meetings. 16 Sustainable ener y naneing district _ No legislation advanced. 17 Support reduction of the physician shortage Supported tort reform measures. 18 Trucks in the right lane pilot program No legislation introduced. 19 Amend laws and regulations for granting a Certificate of Necessity (CON) Yuma granted CON by • ADM. 20 Repeal Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 Repealed in November 2011. 21 Forest restoration Supported fireworks bill to rotect forests. 22 Oppose federal preemption of state and local taxing authority over online travel companies Federal legislation slid not -- -_-____ move. 6 League of Arizona Cities & Towns 2012 Resolutions No. League Staff Recommendations Legislative Action Supporting city and town authority over local matters; Constitutional authority of Charter Opposed bills limiting local 1 Cities. authority; AZ Supreme Court upheld charter city authority in local elections Support Reasonable Structural Reform to the State's Revenue System. .. — Worked with Governor's 2 Office on revenue system task force; supported Main Street Fairness Act in Congress. PpACH d D y�= city ojApache ,Junction U z Home of the Superstition Mountains iiizs Aaizotr Print TO: City Manager's Office FROM: Emile Schmid, P.E., Senior Project Engineer DATE: Jun•4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON PROJECT PW 2010-22B, NORTH APACHE TRAIL IMPROVEMENTS PHASE 1, AWARD OF BID TO J. BANICKI CONSTRUCTION, INC. IN AN AMOUNT NOT TO EXCEED $336,980 00 ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff is requesting a contract be awarded to J. Banicki Construction, Inc. in an amount not to exceed $336,980 00 for the construction of North Apache Trail Improvements Phase 1 FISCAL IMPACT; Budgeted Expenditure OPTIONS/ALTERNATIVES: 'ECOMMENDATION: Staff respectfully requests City Council to review and discuss a contract with J. Banicki Construction, Inc. ATTACHMENTS Click to download D Memo to Council U Construction Agreement Pp ACHE ti Public Works Department Home of the Superstition Mountains 4,1 ON. May 24,2012 Memorandum to: Honorable Mayor and Members of the Council Through: George Hoffman,City Manager Giao Pham,Intenm Director of Public Works From. Emile Schmid,P.E.,Senior Project Engineer Regarding Award of Bid for Project PW 2010-22B North Apache Trail Improvements Eight bid proposals were received and opened on Wednesday,May 9,2012,out of seventeen bid packets picked up.Twelve construction firms were represented at a mandatory Pre-Bid Meeting held April 25, 2012. The base bids ranged from$247,369.00 to$409,922.00. This project includes removal of asphalt pavement,installation of new asphalt pavement,base matenals, curb,gutter,adjustment of existing utilities,and other related improvements. Work is scheduled to be completed by August 9,2012. Base Bid Opening Summary Total DCS Contracting $247,369 00 J.Bamcki Construction,Inc $306,345.00 InterMountain West Civil Constructors $324,761 50 Engineenng Opinion of Probable Cost $000,000 00 See attached page for complete listing of all eight bids The Public Works Department recommends award to J Bamcki Construction,Inc. for their bid,in the amount of$306,345 00 RECOMMENDED MOTION: I MOVE TO AWARD BID PW 2010-22B TO J.BANICKI CONSTRUCTION,INC.IN THE AMOUNT OF$306,345.00,PLUS 10%FOR UNFORESEEN CHANGE ORDERS,$30,635.00, FOR A TOTAL OF$336,980.00. 575 E Baseline Avenue,Apache Junction,AZ 85119 • Voice(480)982-1055 • FAX(480)983-5752 or(480)982-8005 COMPANY BID AMOUNT Cactus Asphalt $409,922.00 Combs Construction Co. $331,116.00 DCS Contracting $247,369.00 InterMountain West Civil Constructors $324,761.50 J. Banicki Construction, Inc. $306,345.00 Nesbitt Contracting $360,070.25 Ricor Inc. $380,463.60 Visus Engineering $340,000.00 Engineer's Estimate $349,372.00 Exhibit L City OF APACHE JUNCTION AGREEMENT FOR NORTH APACHE TRAIL IMPROVEMENTS APACHE TRAIL TO IDAHO ROAD, PHASE 1 PROJECT PW 2010-22B THIS AGREEMENT made and entered into by and between the City of Apache Junction, an Arizona municipal corporation ("City") and J. Banicki Construction, Inc. , an Arizona corporation ("Contractor") . RECITALS A. In response to City' s Notice Inviting Bid Proposals dated April 11, 2012, and any addendums applicable thereto, Contractor submitted a proposal dated, May 9, 2012, in which Contractor asserts its willingness, ability and qualifications to provide this work and service. B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 . C. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the services . NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the services in accordance with the terms and conditions set forth below: AGREEMENT 1 . PROJECT DESCRIPTION: CONTRACTOR shall do and perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described in the Notice Inviting Bid Proposals for Project No. PW2010-22B, on file with the Public Works Department, which includes the following scope of work: This federally funded Community Development Block Grant project, North Apache improvements (Phase 1) will include the following: removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb, curb and gutter, installation of traffic markings and signs, and adjustment of existing utilities. All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "City of Apache Junction public Works Department North Apache Trail Improvements, Project Number PW 2010-22B", 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) 1 Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents. 2 . PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by City to the Contractor in the amount of Three Hundred Six Thousand Three Hundred Forty-Five Dollars and No Cents ($ 306, 345) for the performance of the work under the contract documents except for changes authorized by properly executed change orders. Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection. When City finds the work Am, 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 City 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 TIME: Contractor hereby fixes the time for beginning work no later than June 25, 2012 as, with completion no later than August 9, 2012 . Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G. Specifications per day for each day the work remains unfinished. This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 4 . 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 work to be done using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents . Contractor shall be responsible to City for the acts and omissions of its employees, Subcontractor' s and their agents and employees and other persons performing any of the work under any contract document. 5. 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 2 whether temporary or permanent, and whether or not incorporated or to be incorporated in the work. 6. INSPECTIONS AND QUALITY OF WORK: Contractor understands and specifically agrees that all work is to be performed pursuant to Maricopa Association of Governments specifications and details, ("MAG" specifications and details") with City' s additions. Contractor agrees that it will conduct at least one pre-construction meeting before any work commences. While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputed members of Contractor' s profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 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, including MAG specifications and details . Contractor further agrees to make such corrections to the work as may be directed by City to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any additional charge or cost to City whatsoever. Contractor further agrees to make such corrections to the work within the time for completion of work as specified in Section 3 above and shall not be entitled to additional time for completion of work for any correction work needed to be performed hereunder. Failure to perform correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein. 7 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 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 p 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 Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be 3 done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8. 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. 9. 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. City permits for this work will be provided to Contractor at no cost. 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 from the City Clerk' s Office 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 5 Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on any Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain any required business tax license 10 . SUPERINTENDENT Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent' s contact information shall be provided to the Public Works Director or his designee in writing within five (5) working days after .ik execution of this Agreement. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal. Said progress schedule shall be maintained and updated during the project. 12 . INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s subcontractors in the performance of this Agreement. Contractor' s duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any 4 tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor' s acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor' s subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13 . SUBCONTRACTORS: All Subcontractors chosen by Contractor will be subject to City' s approval . All Subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City. 14 . APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 15 . INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed 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, 5 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 contain 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. lek City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements . City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy a Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims . The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc. 's Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injury and 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 6 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 all Subcontractors to provide Workers Compensation and Employer' s Liability to at least the same extent as required of Contractor. Professional Liability If deemed applicable by the City Attorney, Contractor will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1, 000, 000 each claim. 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 Contractors 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 work or services and as evidenced by annual Certificates of Insurance, to be filed with the City Clerk of City. p If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title. At the close of the project when the work has been accepted by the City, the Contractor shall provide a Warranty Bond in the amount of ten percent (10%) of the Performance Bond. The Warranty Bond shall be held by the City during Warranty Period. 16. CHANGE ORDERS: This is a Lump Sum Contract However, change orders may be processed as delineated herein. A change order is a written order to Contractor, approved by the Director of Public Works, 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 its agreement therewith. City may, without 7 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 . City' s Director of Public Works 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. 20. PERFORMANCE BOND & 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 thereunder. 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: Except as provided herein with respect to trench excavation and traffic regulations, 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 thereunder 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 thereunder except as may be specifically agreed to in writing. 8 23 . FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism) , nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any .� exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24 . TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U. S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25 . RECORDS: Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours . 26 . AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall 9 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. 27 . SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code) , such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 28 . CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 29. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) . Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E-Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214 (A) , and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1, 000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R. S. § 23-214 (A) . City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after 10 reasonable notice and at reasonable times . If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2012 J. Banicki Construction, Inc. By: Title: STATE OF ARIZONA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2012, by as Contractor in the above-referenced Agreement. Witness my hand and official seal. My Commission Expires : Notary Public 11 p City OF APACHE JUNCTION an Arizona municipal corporation .�. By: JOHN S. INSALACO Its MAYOR ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J. Stern City Attorney p STATE OF ARIZONA ) ss. COUNTY OF PINAL The foregoing instrument was acknowledged before me this day of , 2012, by , as (Name) (Title) of the City of Apache Junction, an Arizona municipal corporation, for and on behalf of said Corporation. in the above-referenced Agreement. Witness my hand and official seal. My Commission Expires: Notary Public 12 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of , 2012 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all moneys due to all persons supplying labor or materials to Principal or Principal's Sub-Contractors in the prosecution of the work provided for in said contract, this obligation shall be void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 2012. PRINCIPAL SEAL BY- AGENCY OF RECORD AGENCY ADDRESS SURETY SEAL BY• 13 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS: That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this 1 agreement The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees as may be fixed by the judge of the court Witness our hand this day of , 20 PRINCIPAL SEAL BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY: ATTORNEY IN FACT 14 CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PW2010-22B BOND NO PREMIUM NO WHEREAS, the City of Apache Junction (hereafter"City") and (hereafter "Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to at Principal's own expense and which Agreement is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements. NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void, otherwise, this obligation shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered. Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, suspending or revoking the bond In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 Principal Surety By Attorney-in-Fact Address 15 City OF APACHE JUNCTION PROJECT NO. PW2010-22B CERTIFICATE OF INSURANCE 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 Occurrence; General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 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. 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 i► 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 Mayor, Council, appointees, officers, employees and agents, are additional insured parties . Date: Countersigned by: Title: SUBSCRIBED AND SWORN TO before me this day of ,2012 by as Insurer Notary Public My Commission Expires: 16 s PPACHtyG _°� ��c C.ity of Apache Junction U Z Home (OE ,S uper:►•tition .l l ountains 4PizoN* Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION OF TEMPORARY USE STANDARDS IN THE DOWNTOWN. ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: The council will review and discuss temporary use standards within the downtown. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Zoning Ordinance Requirement RECOMMENDATION: 'resentation and discussion only. ATTACHMENTS: Click to download L] Cover Memo IMP PQNCH ✓ 2• ,, J City of Apache Junction Development Services Department To: Mayor and City Council From. Brad Steinke, Director of Development Services Date• May 16, 2012 RE: Discussion of Temporary Use Regulations As most of you are aware, the City recently adopted the Downtown Overlay Zoning District (DOD), which provided greater opportunities for downtown business development and activity One of the key elements of the downtown zoning was to provide greater flexibility and procedural streamlining of temporary uses. In the past, temporary uses would be required to apply for a conditional use permit and be subjected to a fairly lengthy approval process The new downtown zoning provides an administrative permit process for a select list of temporary uses that requires no fee, no public hearing and a quick turnover time for staff issuance of a temporary use permit. I've attached the recently adopted code language for your review. The potential problem, however, with providing greater flexibility and relaxed standards for temporary uses is that we may permit some temporary uses that undermine the aesthetic quality of the immediate area For example, staff recently approved a temporary use permit for a fireworks tent to be located in the shopping center parking lot just north of the City event sign and service flags. In addition to the tent, the applicant will be utilizing a cargo container for storage of inventory While all of this complies with the temporary use standards in the downtown ordinance, there has been some concern that this tent and container will aesthetically diminish the aesthetics of that civic corner. If Council members are concerned about this, I will be returning Tuesday night for direction to t•. staff from the Council regarding strengthening the downtown temporary use standards. 300 E Superstition Boulevard •Apache Junction.AZ 85119 • Ph (480)474-5082 •Fax(480)982-7010 ofCity Apache junction U 2 Home of the Su_per:c/ttzon .l f orrfrtain.c 4R110N* Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO. 12-21 AUTHORIZING THE SUBMISSION OF A ROUND 19 TRANSPORTATION ENHANCEMENT GRANT APPLICATION FOR ENHANCEMENTS TO THE APACHE TRAIL FROM RENNICK TO IRONWOOD DRIVE ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: During its April 30, 2012 work session, the city council concurred with staffs recommendation to submit a local grant application for an enhancement project on Apache Trail from Rennick to Ironwood Drive. Resolution No 12-21 is a mandated portion of the grant application. The resolution authorizes the submission of the grant application and commits the city to a cash match, review fee, reimbursement of Arizona Department of Transportation expenses, and all cost overruns for the project If the resolution is adopted on June 5, 2012, staff will add a certificated copy of the resolution to the applications submitted on May 29, 2012. FISCAL IMPACT: Budgetary Approval Not Required JPTIONS/ALTERNATIVES: Federal Law Requirement RECOMMENDATION: Staff respectfully recommends the adoption of Resolution No. 12-21 during the June 6, 2012 City Council meeting. ATTACHMENTS: Click to download LS Staff Report ❑ Resolution No. 12-21 TE Grant Application THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM PpACHE .ti�2 City of Apathe Junction Home of the S uper:c/ition Mountains 4R120tk* Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager _DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-19 AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE HEALTH CAREERS INITIATIVE PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests that the city council review and discuss Resolution No. 12-19 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. The center is requesting sponsorship by the city council to submit the Health Careers Initiative Program for funding FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 'olicy Discussion (list specific options/alternatives) RECOMMENDATION: When presented with the resolution during its June 5, 2012 meeting, the City Council can• 1. Adopt the resolution. 2 Decline to adopt the resolution. ATTACHMENTS; Click to download [3 Staff Report D Resolution No. 12-19 Health Careers Initiative THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING -- SECTION UNDER ITEM =f P,ACHE✓G City of Apache junction U z Home of the Super:ctttron Mountains RR,2ot* Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 4,2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-20, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE FIT FAMILIES PROGRAM. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests that the city council review and discuss Resolution No 12-20 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. The Parks and Recreation Department is requesting permission from the city council to submit the Fit Families Program for funding. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: 'olicy Discussion (list specific options/alternatives) RECOMMENDATION: When presented with the resolution during its June 5, 2012 meeting,the City Council can. 1 Adopt the resolution 2 Decline to adopt the resolution. ATTACHMENTS; Click to download la Staff Report D Resolution No. 12-20 Fit Families THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM r Pp ACHE G"�o City of A. ache Junction Home omm e of the ,Supct:t iltion :l-1 ounkuns Print TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON RESOLUTION NO 12-17, AUTHORIZING THE SUBMISSION OF A FISCAL YEAR (FY) 2012-2013 GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR FUNDING FOR THE MEALS WHILE YOU HEAL PROGRAM ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests that the city council review and discuss Resolution No 12-17 which authorizes the submission of a grant application to the Gila River Indian Community for FY 2012-2013 funding. East Valley Adult Resources is requesting sponsorship by the city council to submit the Meals While You Heal Program for funding FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Thlicy Discussion (list specific options/alternatives) RECOMMENDATION: When presented with the resolution during its June 5, 2012 meeting, the City Council can 1 Adopt the resolution. 2. Decline to adopt the resolution ATTACHMENTS~ Click to download V Staff Report D Resolution No. 12-17 Meals While You Heal THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM ••• .n city of Apache juncuan Home o1 the .cupe :iitiort 'L 1 ouirfcirtzs 1QrzOt Print TO: City Manager's Office FROM• Jerald Monahan, Police Chief DATE: June 4, 2012 Agenda Type : Work Session Agenda Council Priority Focus Area Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON PROPOSED RESOLUTION NO. 12-16, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO PLAN, CONSTRUCT, OPERATE, MAINTAIN AND FINANCE THE TOPAZ REGIONAL WIRELESS COOPERATIVE (TRWC) NETWORK. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: On August 7, 2008, the city entered into an Intergovernmental agreement with several local agencies for the establishment and operation of the TRWC Network. The purpose of the TRWC is to pool common resources to improve communications and operations among participating public safety and public service agencies Due to new membership approval protocol, TRWC is requiring that each participating agency adopt and enter into an amended and restated intergovernmental agreement. Proposed Resolution No. 12-16 authorizes the City to enter into such agreement. FISCAL IMPACT. OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download L] Cover Memo L] Resolution No. 12 16 TRWC IGA THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM i/ f Ink 1, Work Session Item #18/Consent Item #7 City of Apache Junction 4 + ON' Department of Public Safety MEMORANDUM DATE: May 10, 2012 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager FROM: Jerald L Monahan, Chief of Police SUBJECT: Changes to the IGA and Governance Agreement between The City of Apache Junction and The Topaz Regional Wireless Cooperative (TRWC). REQUEST Staff respectfully requests the City Council approve the Intergovernmental Agreement and Governance Agreement between the City of Apache Junction and the Topaz Regional Wireless Cooperative BACKGROUND In 2007, the City of Apache Junction entered into an Intergovernmental Agreement (IGA) with the City of Mesa, the Town of Gilbert and the Apache Junction Fire District for the purpose of replacing the old VHF/UHF radio systems that were in place The original intent was to have a single public safety radio system valley-wide, however due to irreconcilable differences between the City of Phoenix and City of Mesa, The Topaz Regional Wireless Cooperative (TRWC) was established to include the above agencies as an autonomous radio system. Since the formation of the TRWC, several other agencies have come on-board for radio operations. In many cases, this resulted as a more economical means to radio communications than establishing individual radio systems Another significant reason for the formation of the TRWC was the interoperability of all member agencies The current members of the TRWC are the City of Mesa, City of Apache Junction, Town of Gilbert, Apache Junction Fire District and the Town of Queen Creek. In the latter part of 2011, a new revision of the IGA for the TRWC was written which included only one major change This change was the addition of the Rio Verde Fire Department as a new, approved member of the TRWC. While each member city took this newly modified IGA to their respective councils for approval, two of the council members in Mesa questioned the authority of the TRWC to admit new members without first recommending to and receiving approval from the Mesa city council. After discussions with the Mesa council members in question and securing their understanding, a significant amount of time had passed and several other clerical changes were identified that needed updating. The TRWC Board of Directors retains the option of admitting new agencies This is the reason the IGA is returning to City Council again for approval. All of the described changes are listed below. The primary change listed in paragraph 1 of the newly Amended and Restated IGA allows the admittance of the Rio Verde Fire District as a member of the TRWC. The Rio Verde Fire District has applied for membership in the TRWC and has been accepted & approved by majority vote of the Board of Directors of the TRWC A second, minor change to the IGA under paragraph 3 1 changes the "Term and Duration of the Agreement , Dissolution" to the new effective date of the agreement to May 1st, 2012 and would be effective for five (5) years or the date of April 30, 2017. The third and final change to the IGA is the relocation only of paragraph 25 to fall under the main context of the IGA versus its previous location on the individual member signature pages This IGA is critical for radio communications in the Police Department as well as Parks & Recreation Division, Public Works and Code Enforcement The Topaz Regional Wireless Cooperative provides the infrastructure for all of our radio communications in an economically feasible manner Without our membership, our city would be forced to invest a very significant amount of funds to establish a stand-alone radio system The accompanying Governance Agreement"establishes an organizational and management structure for ongoing Network administration, operation, and maintenance, and establishes a budget proposal process, an accounting process, and the allocation of costs associated with the Network's operations, maintenance, and enhancement for Members." Changes to the Governance Agreement are minor in nature to include some formatting corrections, the definition of"Party/Parties and date changes of the effectiveness of the agreement to reflect the same dates as the IGA