HomeMy WebLinkAbout2014 08.04 City Council Work Session AgendaCity Council Work Session
City of Apache Junction, Arizona
Agenda
Meeting location:
City Council Chambers
at City Hall
300 E. Superstition Blvd.
Apache Junction, AZ
85119
apachejunctionaz.gov
Ph: (480) 982-8002
City Council Chambers7:00 PMMonday, August 4, 2014
A.CALL TO ORDER
B.ROLL CALL
C.AGENDA ITEMS
1.14-356 Presentation and discussion on the procurement of fleet equipment for
the current budget year. Staff requests permission to move forward
with the purchase of budgeted equipment for the Parks & Recreation
Department. Equipment will consist of a replacement Case 570N XT
Tractor Gannon and new additional Case 580SN Loader/Backhoe,
both for the Parks Division within the Parks & Recreation Department.
Staff requests authorization to purchase the equipment from Titan
Machinery of Arizona through the cooperative Minnesota Department
of Transportation Contract T-622(5) for a total not to exceed
$177,741.32. Presentation and discussion.
Sponsors:Shane Kiesow
2.14-357 Presentation and discussion on the procurement of fleet vehicles for
the current budget year. Staff requests permission to move forward
with the purchase of budgeted vehicles for Parks & Recreation, Police
and Public Works departments. The vehicle for the Parks &
Recreation Department would be a replacement Ford F-150 for the
Park Ranger Division. Vehicles for the Police Department would
consist of two new replacement Ford Pursuit Sedans for the Patrol
Division; and a Ford Fusion and Ford Escape as replacements for the
Crime Investigations Division. Vehicles for the Public Works
Department would consist of a Ford F-350 and Ford F-250, serving as
replacements for the Streets Division. Staff requests authorization to
purchase the vehicles through Chapman Ford on the Cooperative
Arizona State Contract ADSP012-016665 for a total not to exceed
$146,441.35. Presentation and discussion.
Sponsors:Shane Kiesow
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
August 4, 2014City Council Work Session Agenda
3.14-378 Presentation and discussion on proposed Resolution No. 14-34,
declaring that portions of public roadway easements located on
Seventh Avenue from Wickiup Road to Chaparral Road, and described
in extinguishment case EX-14-34, are no longer necessary for public
use as public roadway easements and are hereby extinguished as
present and future public right-of-way. Presentation and discussion.
Sponsors:Emile Schmid
Res 14-34 Council Memo2.pdf
Res 14-34 Combined.pdf
Attachments:
4.14-366 Presentation and discussion on a grantor agreement between Arizona
Department of Economic Security and the city of Apache Junction for
vending services at the Library and Public Works. Staff is
recommending entering into the agreement for a period of three (3)
years with annual renewals. Presentation and discussion.
Sponsors:Heather Hodgman
5.14-368 Presentation and discussion on televising city council meetings live.
This would include Call to the Public. Presentation and discussion.
Sponsors:Jeff Serdy
6.14-369 Presentation and discussion on North Plaza Drive and North Apache
Trail speed limits and center line markings. Presentation and
discussion.
Sponsors:Dave Waldron
7.14-362 Discussion on the Ride Choice agreement for Fiscal Year (FY)
2014-2015. Staff recommendation is to keep the funding at the same
level as in FY 2013-2014. Discussion only.
Sponsors:Kathy Connelly
2014 ride choice ws ca and attachments
2013 ride choice agreement
Attachments:
D.ADJOURNMENT
Copies of this agenda and additional information regarding any of the items listed above may be obtained
Monday through Thursdays, 7:00a – 6:00p, excluding holidays, from the City Clerk’s office located at:
300 East Superstition Boulevard, Apache Junction, AZ
If any person with a disability needs any type of accommodation, please notify the Human Resources
Office, at (480) 474-2617 or (480) 983-0095 (TDD) at least 72 hours prior to the scheduled time.
Page 2 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-356
Agenda Item No. 1.
Agenda Date: 8/4/2014 Sponsor: Shane Kiesow
In Control: City Council Work SessionIndex:
Presentation and discussion on the procurement of fleet equipment for the current budget year.
Staff requests permission to move forward with the purchase of budgeted equipment for the
Parks & Recreation Department. Equipment will consist of a replacement Case 570N XT
Tractor Gannon and new additional Case 580SN Loader/Backhoe, both for the Parks Division
within the Parks & Recreation Department. Staff requests authorization to purchase the
equipment from Titan Machinery of Arizona through the cooperative Minnesota Department of
Transportation Contract T-622(5) for a total not to exceed $177,741.32. Presentation and
discussion.
Equipment to be replaced:
- Parks Division (Parks & Recreation): seeks replacement of a 1995 Case 570XLT Gannon
Tractor with 5,566 hours rated in good condition. Public Works requests that this 1995 Case be
passed down and reassigned to Public Works to replace a 2000 Case Gannon Tractor
with 6,350 hours rated to be in fair condition.
The Case 580SN Loader/Backhoe would be an addition to the fleet.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-357
Agenda Item No. 2.
Agenda Date: 8/4/2014 Sponsor: Shane Kiesow
In Control: City Council Work SessionIndex:
Presentation and discussion on the procurement of fleet vehicles for the current budget year.
Staff requests permission to move forward with the purchase of budgeted vehicles for Parks &
Recreation, Police and Public Works departments. The vehicle for the Parks & Recreation
Department would be a replacement Ford F-150 for the Park Ranger Division. Vehicles for the
Police Department would consist of two new replacement Ford Pursuit Sedans for the Patrol
Division; and a Ford Fusion and Ford Escape as replacements for the Crime Investigations
Division. Vehicles for the Public Works Department would consist of a Ford F-350 and Ford
F-250, serving as replacements for the Streets Division. Staff requests authorization to
purchase the vehicles through Chapman Ford on the Cooperative Arizona State Contract
ADSP012-016665 for a total not to exceed $146,441.35. Presentation and discussion.
Vehicles to be replaced:
- Park Ranger Division (Parks & Recreation): 2003 Ford F-150 with 158,172 miles rated in
poor condition
- Patrol Division (Police Department): 2007 Ford Crown Victoria with 128,733 miles rated in
poor condition and a 2008 Crown Victoria with 139,035 miles rated in poor condition.
- Crime Investigations Division (Police Department): 1999 Chevrolet Tahoe with 150,880
miles rated in fair condition and a 2001 Chevrolet Impala with 148,658 miles rated in poor
condition.
- Streets Division (Public Works): 1998 Isuzu with 117,387 miles rated in poor condition and
a 2001 Dodge Pickup with 116,000 miles rated in poor condition.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-378
Agenda Item No. 3.
Agenda Date: 8/4/2014 Sponsor: Emile Schmid
In Control: City Council Work SessionIndex:
Presentation and discussion on proposed Resolution No. 14-34, declaring that portions of
public roadway easements located on Seventh Avenue from Wickiup Road to Chaparral Road,
and described in extinguishment case EX-14-34, are no longer necessary for public use as
public roadway easements and are hereby extinguished as present and future public
right-of-way. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
575 E. Baseline Avenue, Apache Junction, AZ 851 19
Voice (480) 982-1055 Fax (480) 982-8005
Public Works Department
City of Apache Junction
Home of the Superstition Mountains
Date: July 23, 2014
To: Honorable Mayor and Members of the City Council
Through: George Hoffman, City Manager
Giao Pham P.E., Public Works Director
From: Emile Schmid P.E., City Engineer
Subject: Extinguishment of Federal Patent Easements
Seventh Avenue from Wickiup Road to Chaparral Road
Proposed Resolution No. 14-34
Federal Patent Easements (FPEs) are one means whereby property is accessed by our citizens
in portions of Apache Junction. FPEs were established as a means to provide public roadway
access to Federal Patent parcels, and to mitigate the need of local government to acquire right-
of-way to provide access to otherwise landlocked parcels. FPEs are typically a total of 66 feet
in width with 33 feet on each side of common parcel lines.
Seventh Avenue from Wickiup Road to Chaparral Road has never been opened for public use
or maintained by the City. This road is classified as a local roadway. In addition, the FPEs do
not provide access to any parcels which would be landlocked in the event of extinguishment.
Area transportation would not be adversely affected by an extinguishment of these portions of
roadway easements.
Robert and Patricia Lewis filed an application for the extinguishment of the above mentioned
portions of roadway easements on July 14th, 2014. The application included a support petition
signed by the adjacent property owners, who support the extinguishment petition. The property
owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to
proceed.
RESOLUTION NO. 14-34
PAGE 1 OF 4
RESOLUTION NO. 14-34
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC
ROADWAY EASEMENTS LOCATED ON 7TH AVENUE FROM WICKIUP ROAD TO
CHAPARRAL ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-14-
34, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC
ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT
AND FUTURE PUBLIC RIGHT-OF-WAY.
WHEREAS, the City of Apache Junction, upon incorporation
became the holder of federally patented easements (“FPEs”) as
described in Exhibit A and depicted in Exhibit B, for public
roadway purposes; and
WHEREAS, such easements may be extinguished by local
municipalities pursuant to A.R.S. §§ 9-500.24 and 28-7214; and
WHEREAS, on July 14, 2014, the “Applicant”, paid the
required non-refundable application and filing fee for the
extinguishment request pursuant to Apache Junction City Code §
13-2-4 (H); and
WHEREAS, pursuant to Apache Junction City Code § 13-2-4,
the Director of Public Works on July 14, 2014, submitted copies
of the application for comment to the Development Services
Director, the Public Safety Director, the Superstition Fire and
Medical District, as well as affected public utility providers;
and
WHEREAS, no opposition statements were received from Salt
River Project, Arizona Water Company, Superstition Mountains
Community Facilities District No. 1, Centurylink, Mediacom,
Southwest Gas, the Development Services Director, and the Public
Safety Director; and
WHEREAS, the City of Apache Junction Street Circulation and
Access Study recommends extinguishment of the identified public
roadway easements; and
WHEREAS, the extinguishment request, if approved, would not
leave a parcel in separate ownership without access to an
established public roadway or easement connecting such lands
with another public roadway or easement; and
RESOLUTION NO. 14-34
PAGE 2 OF 4
WHEREAS, the City Engineer has determined that the
easements in question, because of their location, topography,
and encroachments, have no or de minimis public value.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
1. The Mayor and City Council of the City of Apache Junction
find that the roadway easements described in Exhibit A, and
depicted in Exhibit B, are classified as local streets on
the Street Classification Plan and are no longer necessary
for roadway purposes, have no or de minimis public value,
and are hereby extinguished for public roadway right-of-way
purposes.
2. Nothing in this approval extinguishes any utility easement
interest of any public utility agency or entity on the
subject street right-of-way.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS ______ DAY OF __________, 2014.
SIGNED AND ATTESTED TO THIS ______ DAY OF _____________, 2014.
_________________________
JOHN S. INSALACO
Mayor
ATTEST:
_____________________
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
_________________________
RICHARD J. STERN
City Attorney
RESOLUTION NO. 14-34
PAGE 3 OF 4
EXHIBIT A
PARCEL 1 (Adjacent to parcel 103-04-056 and 103-04-054)
The South thirty-three feet (33’) of the Northwest quarter of
the Southwest quarter of the Southeast quarter of the Southwest
quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33’) and the East thirty
three feet (33’) THEREOF;
PARCEL 2 (Adjacent to parcel 103-04-066C)
The North thirty-three feet (33’) of the Southwest quarter of
the Southwest quarter of the Southeast quarter of the Southwest
quarter of Section 15, Township 1 North, Range 8 East of the
Gila and Salt River Base and Meridian, Pinal County, Arizona;
EXCEPT the West thirty three feet (33’) and the East thirty
three feet (33’) THEREOF;
WICK
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067B 067A066C
048C
7TH AVENUE
BROADWAY AVENUE
EXHIBIT "B"
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.
S
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-366
Agenda Item No. 4.
Agenda Date: 8/4/2014 Sponsor: Heather Hodgman
In Control: City Council Work SessionIndex:
Presentation and discussion on a grantor agreement between Arizona Department of
Economic Security and the city of Apache Junction for vending services at the Library and
Public Works. Staff is recommending entering into the agreement for a period of three (3)
years with annual renewals. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-368
Agenda Item No. 5.
Agenda Date: 8/4/2014 Sponsor: Jeff Serdy
In Control: City Council Work SessionIndex:
Presentation and discussion on televising city council meetings live. This would include Call to
the Public. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-369
Agenda Item No. 6.
Agenda Date: 8/4/2014 Sponsor: Dave Waldron
In Control: City Council Work SessionIndex:
Presentation and discussion on North Plaza Drive and North Apache Trail speed limits and
center line markings. Presentation and discussion.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
Agenda Item Cover Sheet
City of Apache Junction, Arizona 300 E Superstition
Boulevard
Apache Junction, AZ
85119
File ID: 14-362
Agenda Item No. 7.
Agenda Date: 8/4/2014 Sponsor: Kathy Connelly
In Control: City Council Work SessionIndex:
Discussion on the Ride Choice agreement for Fiscal Year (FY) 2014-2015. Staff
recommendation is to keep the funding at the same level as in FY 2013-2014. Discussion
only.
Page 1 City of Apache Junction, Arizona Printed on 6/15/2026
JULY 8, 2014
MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
THROUGH: GEORGE R. HOFFMAN, CITY MANAGER
FROM: KATHLEEN CONNELLY, CITY CLERK
SUBJECT: AGENDA ITEM FOR AUGUST 4, 2014 WORK SESSION
AND AUGUST 19, 2014 REGULAR MEETING — RIDE
CHOICE AGREEMENT
Since 2003, the city has provided transportation funding through East Valley Adult
Resources for elderly city residents 60 years of age and older and disabled adult city
residents (18 years of age and older). The program, initially known as Enabling
Transportation, started operation in January 2004 with a funding level of $11,500. For
fiscal years 2004, 2005 and 2006, funding was in the amount of $30,000; $33,960 in FY
2007 and $33,040 for FY 2008. Even though other service providers experienced a 20%
reduction in FY 08-09, this program escaped that cutback by one meeting. Since FY 09-10
the program did receive the 20% reduction and was funded in the amount of $26,432.00.
The recommendation for FY 14-15 is to continue to provide funding in the amount of
$26,432.
The funding will provide mileage reimbursement for 28,000 miles at 44¢ per mile up to a
maximum of 200 miles per month per person. The additional amount will cover staff
support to monitor the program, marketing and brochures and normal office costs. This
agreement will be placed on your consent agenda for the August 19 meeting.
Please contact me if you have any questions.
Attachments:
Ride Choice Program proposal
Ride Choice Agreement for FY 2013-2014
EAST VALLEY
ADULT RESOURCES
Opportunities to Connect, Contribute and Care for Each Other Choice
Apache Junction RIDE Choice
City of Apache Junction
FY 2014-15
INTRODUCTION
Apache Junction Ride Choice service began in January 2004 as an alternative transportation service (mileage
reimbursement). The City of Apache Junction has continued to support this service by approving $30,000
for first two fiscal years and approving $33,960 for FY 2007/2008 and $33,040.00 for FY 2008/09. Due to
City of Apache Junction funding restrictions a 20% reduction for FY 2009/10 made the allocation $26,432. A
level allocation has been maintained over the last four years of $26,432. The FY 2014/15 request remains
level at $26,432.
Ride Choice Benefits to permanent Apache Junction Residents:
1. The mileage reimbursement incentive will be utilized to encourage volunteer drivers to provide
transportation for persons who have difficulty utilizing existing transportation systems. The
utilization of this reimbursement incentive is for the elderly (60 years and over) and disabled adults
(18 years and over) of the community. The incentive will provide reimbursement to the enrollee at
a rate of $.44 per mile. Participants' reimbursement shall be limited to a monthly maximum amount
of 200 miles. The trip purpose for clients is not restricted, but primary destinations are: Apache
Junction Active Adult Center, medical appointments, grocery shopping, personal errands, banking,
religious activities and volunteer work.
2. East Valley Adult Resources will be responsible for participant certification reimbursement
distribution. East Valley Adult Resources staff will meet with social service providers who work with
disabled adults and provide presentations to groups representing the disabled community to explain
the service and how it is accessed. Information materials in the appropriate format will be
developed in order to promote the service to disabled individuals.
3. Staff support services will include, but not be limited to: participant certification, travel verification,
reimbursement request authorization and payment distribution. East Valley Adult Resources will be
responsible for all accounting and related record keeping.
4. Marketing efforts shall include the development of promotional items, displays and marketing
campaigns to current clients and potential clients to promote program usage.
FY 2014-15 Ride Choice Budget Projections
Item Expenses Justification
Reimbursement $12,320.00 .44 per mile@28,000 miles
Staff support $12,800.00 $20.00 per hour@640 hours
Printing, postage, telephone $720.00 $60 per month
Marketing $592.00 Brochures, flyers posters, etc.
Total $26,432.00
Kathy Connelly
From: Dan Taylor <dantaylor@evadultresources.org >
Sent: Tuesday, July 08, 2014 7:58 AM
To: Kathy Connelly
Subject: RE: Ride Choice
Attachments: Ride Choice AJ- FY 2014-15 1-2014.doc
Kathy, do you have a few minutes where we could talk about transportation? - tomorrow or Thursday
afternoon?
In answer to your questions: The larger amount in the brochure area is due to the fact that we want to update
the brochure and needed to make more copies. I have corrected the error on the budget line and attached.
Dan Taylor, CEO
East Valley Adult Resources
45 W. University Drive
Mesa, AZ 85201
(480) 964-9014 ext. 103
www.evadultresources.org
From: Kathy Connelly [mailto:kconnelly@ajcity.net]
Sent: Monday, July 07, 2014 5:27 PM
To: Dan Taylor (dantaylor@evadultresources.orq)
Cc: Janet Mason
Subject: Ride Choice
Hello Dan. I am preparing the Ride Choice item for discussion at the August 4th city council work
session. In looking at your request, I come up with two questions/concerns:
1. In the FY 13-14 request and subsequent agreement, the amount allocated for marketing
and brochures was $152.00. In the FY 14-15 proposal, this amount has increased to $592.00.
Please explain.
2. The captions above the graph at the bottom of the proposal page entitles it FY 2013-14
Ride Choice Budget Projections. I assume that this should correctly be the FY 2014-15 Ride
Choice Budget Projections. Please confirm that this is the case.
Thanks very much.
Kathy Connelly, City Clerk
City of Apache Junction
300 E. Superstition Boulevard
Apache Junction, Arizona, 85119
480-474-5061
kconnellyajcity.net
Please Note: City offices are open Monday through Thursday, 7:00 a.m. to 6:00 p.m., excluding
holidays.
1
PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY
ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT
INCENTIVE PROGRAM ("RIDE CHOICE")
THIS AGREEMENT is made and entered into thisA,(Zday
2013, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona
municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a
501(c)(3) non-profit corporation ("Contrc.3tor") for the project entitled "Mileage
Reimbursement Incentive Program" (also known as "Ride Choice").
WHEREAS, in previous Town Hall meetings with citizens, transportation
was identified as an important issue within the City of Apache Junction; and
WHEREAS, the City has historically assisted the elderly and disabled in
their transportation needs as a public service; and
WHEREAS, Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A)
allows the City to appropriate and spend public monies for and in connection
with economic development activities; and
WHEREAS, A.R.S. § 9-500.11(c) defines "economic development
activities" to include any project assistance, undertaking, program or study that
the City Council finds and determines to improve and enhance the economic
welfare of the inhabitants of the City; and
WHEREAS, the City finds that assisting the elderly and disabled in their
transportation needs is an important and valuable service which enhances the
economic welfare of inhabitants in the City; and
WHEREAS, an objective of the 1999 General Plan Circulation Element is to
provide alternative transportation opportunities by providing low cost
transportation for the elderly; and
WHEREAS, Contractor's Ride Choice program is a mileage
reimbursement program that was initiated in the City of Mesa in 1999; and
WHEREAS, in 2003, the Apache Junction Mayor and City Council approved
Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial
implementation of the Enabling Transportation ("ET") Program for Fiscal Year
2003-2004; and
WHEREAS, service began in January 2004 in the City of Apache Junction
for the elderly; and
1
WHEREAS, in August 2004, September 2005, and September 2006 the
Apache Junction Mayor and City Council approved $30,000 for the continuation
of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the
Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in
2009, 2010, 2011 and 2012 budgeted $26,432 respectively for the Ride Choice
Program.
NOW, THEREFORE, City agrees to retain and does hereby retain
Contractor and Contractor agrees to provide the services required according to
the terms and conditions and for the consideration set forth below:
1. CONTRACTOR'S DUTIES: Contractor agrees to perform the
following professional services in connection with the Project:
A. In General:
Contractor will facilitate the Ride Choice to encourage drivers
to provide transportation for persons who have difficulty
utilizing existing transportation systems. The utilization of this
reimbursement incentive is for the senior (sixty (60) years old
and over) and disabled adults (18 years of age and older), all
of whom shall be residents of the City of Apache Junction.
Trip purposes are restricted to the following primary
destinations except for political activities excluding voting:
Apache Junction Active Adult Center and Multigenerational
Centers; medical appointments; grocery shopping; personal
errands; banking; and volunteer work. The incentive will
provide reimbursement to enrollees (drivers) at a rate of forty-
four cents ($0.44) per mile. Participants' reimbursement shall
be limited to a monthly maximum of two hundred (200) miles.
B. Certification/Marketing:
Contractor will be responsible for participant certification and
reimbursement distribution. Contractor staff will meet with
social service providers who work with disabled adults and
provide presentations to groups representing the disabled
community to explain the service and how it is accessed.
Information materials in the appropriate format will be
developed in order to promote the service to disabled
individuals. Marketing efforts shall include the development of
promotional items, displays and marketing campaigns to
current clients and potent,31 clients to promote program
usage.
2
C. Staff Support:
Staff support shall include but not be limited to: participant
certification, travel verification, reimbursement request
authorization, coupon dispersal and payment distribution.
Contractor will be responsible for all accounting and related
record keeping.
2. COMPENSATION: The Contractor shall be reimbursed for its
reasonable costs in performing the services in an amount not exceed Twenty-Six
Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1,
2013 through June 30, 2014 as broken down more specifically in Section 4
below. To receive payment, Contractor shall present to the City accurate and
properly itemized invoices. Such invoices shall be presented quarterly. All
payments made to the Contractor under this Agreement are conditioned upon
the City receiving the funds projected to be available for expenditure hereunder.
The City shall not be liable for any purchases or contracts entered into by the
Contractor in anticipation of receiving payments under this Agreement.
3. TERM: This Agreement shall be effective beginning July 1, 2013
through June 30, 2014, and shall be subject to annual renewals as negotiated by
the parties.
4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly
invoices within the budgeted amounts set forth below. City shall pay such
billings within thirty (30) calendar days upon being presented acceptable
invoices.
Budget Request
FY 2013-2014
Item Maximum Reimbursement Amount
1) Reimbursement $13,200.00
2) Staff support $12,480.00
3) Printing, postage, telephone. $ 600.00
Average $25.00 per month
4) Marketing and Brochures, etc. $ 152.00
Total $26,432.00
5. CONTRACTOR'S STANDARD OF PERFORMANCE: While
performing the services, Contractor shall exercise the reasonable professional
care and skill customarily exercised by reputable 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.
3
Consultant shall be responsible for all errors and omissions Contractor commits
in the performance of this Agreement.
6. 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: City Clerk
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85119
If to Contractor: Daniel H. Taylor
Executive Director
45 W. University Drive
Suite A
Mesa, AZ 85201-5831
7. TERMINATION: This Agreer lent may be terminated by either party
upon fifteen (15) calendar days written notice. If this Agreement is terminated,
Contractor shall be paid for all uncontested services performed to the date of
receipt of such termination notice.
8. SUBCONTRACTORS: The duties under this agreement cannot be
subcontracted in any form.
9. RECORDS AND EXPENSES: 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. Contractor shall maintain financial records which
enable the City to determine whether funds provided under this Agreement are
being expended according to the budget supporting City funds as set forth in
Section 4 of this Agreement. The City may also request Contractor to provide an
accounting of expenses to be supplied to City within thirty (30) calendar days
after the City makes such request. Should the City determine that Contractor has
violated the budget limitations, the City may at its sole discretion terminate this
Agreement pursuant to Section 7 above.
10. INSURANCE: The Contract:: r, at its own expense, shall purchase
and maintain the herein stipulated minimum insurance with companies duly
licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved
unlicensed in the State of Arizona with policies and forms satisfactory to City.
4
All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Agreement is
satisfactorily completed and formally accepted; failure to do so may, at the sole
discretion of City, constitute a material breach of this Agreement.
The Contractor's insurance shall be primary insurance as respects the City, and
any insurance or self-insurance maintain( d by City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance
policies or any breach of an insurance policy warranty shall not affect coverage
afforded under the insurance policies to protect City.
The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against City, its agents, officers,
officials and employees for any claims arising out of Contractor's acts, errors,
mistakes, omissions, work or service.
The insurance policies may provide coverage which contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to City under such policies.
The Contractor shall be solely responsible for the deductible and/or self
retention and City, at its option, may require Contractor to secure payment of
such deductibles or self-insured retentions by a Surety Bond or an irrevocable
and unconditional letter of credit.
City reserves the right to request and to receive, within ten (10) working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. City shall not be obligated, however, to review same or to advise
Contractor of any deficiencies in such policies and endorsements, and such
receipt shall not relieve Contractor from or be deemed a waiver of, City's right
to insist on strict fulfillment of Contractor's obligations under this Agreement.
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, 'out not limited to, the liability assumed
under the indemnification provisions of this Agreement, which coverage will be
at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG
00011093, or any replacements thereof.
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Such policy shall contain a severability of interest provision, and shall not
contain a sunset provision or commutation clause, nor any provision which
would serve to limit third party action over claims.
The Commercial General Liability additional insured endorsement shall be at
least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B,
CG 20101185, and shall include covelage 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 Agreement. Coverage shall
be on an occurrence basis with a limit not less than $1,000,000 per occurrence,
and the policy shall be issued by the same insurance company that issues the
Contractor's Commercial General Liability insurance.
Automobile Liability
Contractor shall maintain Commercial/Business Automobile Liability insurance
with a combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to Contractor's owned, hired,
and non-owned vehicles assigned to or used in performance of Contractor's
work. Coverage will be at least as broad as coverage code 1, "any auto",
(Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements
thereof). Such insurance shall include coverage for loading and off loading
hazards. If hazardous substances, materials or wastes are to be transported,
MCS 90 endorsement shall be included and $5,000,000 per accident limits for
bodily injury and property damage shall apply.
Workers' Compensation
Contractor shall carry Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction of Contractor's
employees engaged in the performance of the work or services; and, Employer's
Liability insurance of not less than $100,000 for each accident, $100,000 disease
for each employee, and $500,000 disease policy limit.
By execution of this Agreement, Contractor certifies as follows:
"I am aware and understand the provisions of A.R.S. § 23-900 et
seq. which requires every employer to be insured against liability
for workers' compensation or to undertake self-insurance in
accordance with the provisions of this chapter, and I will comply
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with such provisions before commencing the performance of the
work of this Agreement."
If Contractor has no employees for whom workers' compensation insurance is
required, Contractor shall submit a declaration or affidavit to City so stating and
covenanting to obtain such insurance if and when Contractor employs any
employees subject to coverage.
Certificates of Insurance
Prior to commencing work or services under this Agreement, Contractor shall
furnish City with Certificates of Insurance, or formal endorsements as required
by the Agreement, issued by Contractor's insurer(s), as evidence that policies
providing the required coverages, conditions and limits required by this
Agreement are in full force and effect and are maintained so during the term of
this Agreement. The form of the certificates of insurance and endorsements
shall be subject to the approval of the Apache Junction City Attorney's Office.
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.
If a policy does expire or is cancelled during the life of the Agreement, a renewal
certificate must be sent to City thirty (30) days prior to the expiration or
cancellation date. All Certificates of Insurance must include this thirty (30) day
notice provision in its cancellation clause. Failure to provide the thirty (30) day
notice will constitute a material breach of contract.
Policies or certificates and completed forms of City's Additional Insured
Endorsement (or a substantially equivalent insurance company form acceptable
to the City Attorney) evidencing the coverage required by this section shall be
filed with the City at the time of execution of this Agreement and shall include the
City , its Mayor, City Council, appointees and employees as an additional insured
parties. The policy or policies shall be in the usual form of a public liability
insurance, but shall also include the following provision:
"Solely as respects work done by or on behalf of the named insured
for the City of Apache Junction, it is agreed that the City of Apache
Junction and its officers and employees are added as additional
insureds under this policy."
11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this
Agreement shall imply City is obligated to obtain the services described herein
with only this particular consultant.
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12. EXCUSABLE DELAYS: City and Contractor shall exert all efforts to
perform their respective responsibilities under this Agreement. However,
neither party shall hold the other party responsible for inability to render timely
performance if such inability is a direct result of a force beyond its control,
including but not limited to the following: strikes, lockouts, embargoes, failure of
carriers, inability to obtain transportation facilities, acts of God or the public
enemy, or other events beyond the control of the other or the other's employees
and agents.
13. INDEMNIFICATION: To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless the City, its Mayor, City
Council, agents, officers, officials and employees from and against all tortious
claims, damages, losses and expenses (including but not limited to attorney
fees, court costs, and the cost of appellate proceedings), relating to, arising out
of, or alleged to have resulted from the acts, errors, mistakes, omissions, work
or services of Contractor, its agents, employees, or any tier of Contractor's
subconsultants in the performance of this Agreement. Contractor's duty to
defend, hold harmless and indemnify City, its agents, officers, officials 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 Consultant's acts, errors, mistakes, omissions, work or
services in the performance of this Agreement including any employee of the
Contractor, any tier of Contractor's subconsultant or any other person for whose
acts, errors, mistakes, omissions, work or services the Consultant may be
legally liable.
The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scow:, of the indemnity in this paragraph and
such indemnification shall service the expiration or other termination of this
Agreement.
14. WAIVER OF TERMS AND CONDITIONS: The failure of City or
Contractor 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.
15. INDEPENDENT CONTRACTOR: Contractor shall at all times during
Contractor's performance of the services retain Contractor's status as
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
Consultant.
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16. 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 and right to jury trial. 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.
17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports,
documents, information as well as all data prepared or assembled in any other
form by Contractor under this Agreement, shall be and shall remain the property
of City and shall be forwarded to City at any time City requires such papers and
files.
18. LICENSE: Contractor represents and warrants that any license
necessary to perform the work under this Agreement is current and valid.
Contractor understands that the activity described herein constitutes "doing
business in the City of Apache Junction" and Contractor agrees to obtain a
business tax license pursuant to Article 8-5 of the Apache Junction City Code
and keep such license current during the term of this Agreement. Any activity by
subconsultants within the corporate city limits, will invoke the same business tax
regulations on any subconsultants, and 'Contractor ensures its subconsultants
will obtain any required business tax license.
19. NONASSIGNMENT: This Agreement has been entered into based
upon the personal reputation, expertise and qualifications of Contractor.
Neither party to this Agreement shall assign its interest in the Agreement, either
in whole or in part. Contractor shall not assign any monies due or to become due
to it hereunder without the prior written consent of City.
20. ENTIRE AGREEMENT: This Agreement and any attachments
represent the entire agreement between City and Contractor and supersede all
prior negotiations, representations or agreements, either express or implied,
written or oral. It is mutually understood and agreed that no alteration or
variation of the terms and conditions of this Agreement shall be valid unless
made in writing and signed by the parties hereto. Written and signed
amendments shall automatically become part of the Supporting Documents, and
shall supersede any inconsistent provision therein; provided, however, that any
apparent inconsistency shall be resolved, if possible, by construing the
provisions as mutually complementary and supplementary.
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21. SEVERABILITY: City and Consultant 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. CONFLICTS 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. POLITICAL ACTIVITIES: As a community service-based
organization, Consultant is a non-political organization. Employees are
prohibited from engaging in any partisan political activity with respect to
candidates for political office beyond the private expression of personal opinion,
registering as a member of a political party, signing nomination petitions and
voting in any special, primary or general election. No board member, officer or
employee of Consultant shall solicit any contribution in cash or services from any
Consultant employee to support any candidate for public office. No board
member or officer shall use the name of Consultant, or use their affiliation with
Consultant, to engage in any partisan political activity of any kind or to solicit any
contribution in cash or services to support any candidate for public office. If a
board member or officer should engage in said activities, they shall make it clear
that they are doing so in their personal and private capacity, and are not
associated with Consultant in any way, while engaging in said activity. The
functions and activities of Consultant are non-political with respect to
candidates for political office. Therefore, all board members, officers and
employees will refrain from engaging in any partisan political activity, of
whatsoever type or nature, while attending or participating in Consultant
function or event. This includes the circulation or signing of nomination petitions
or soliciting any contributions in cash or services from anyone to support any
candidate for public office.
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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.
CONSULTANT:
- _CI_ I A
By: DANIEL TAYLOR L---)
Title: Executive Director
CITY OF APACHE JUNCTION,
an Arizona munici • al corporation
/T-3 7 JOHN S. INSALACO
itle: Mayor
ATTEST:
7_ /1
/Z-
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
Ei*C3 -13
RICHARD J. STERN
City Attorney
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