HomeMy WebLinkAboutRES 08-04RESOLUTION NO. 08-04
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, AUTHORIZING
THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT
WITH THE ARIZONA DEPARMENT OF ECONOMIC SECURITY
CONCERNING VENDING SERVICES FOR THE CITY LIBRARY.
WHEREAS, the City of Apache Junction ("City") and the
Arizona Department of Economic Security ("ADES") have negotiated
an Intergovernmental Agreement ("IGA") for food and beverage
vending services and/or other vending services as mutually
agreed upon; and
WHEREAS, pursuant to A.R.S. § 23-504 and the Federal
Randolph -Sheppard Act, as amended (P.L. 93-516), a municipality
is required to cooperate with ADES to find suitable locations
for the operation of merchandising businesses by blind persons;
and
WHEREAS, if ADES determines there is need for a
merchandising business within the City, and if ADES determines
that such a business may be properly and satisfactorily operated
by a blind person, the City is required to grant space to ADES
for the operation of a merchandising business by a licensed
blind person and cooperate with ADES in the installation of such
merchandising business within City limits; and
WHEREAS, the parties have crafted a written agreement which
sets forth the conditions for such arrangement and each party's
obligations in the provision of such services.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
1.The Mayor and City Council approve the
"Intergovernmental Agreement for Vending Services
Between City of Apache Junction and ADES" and the
Mayor is hereby authorized to sign the agreement on
behalf of the City.
RESOLUTION NO. 08-04
PAGE 1 OF 2
2.Staff shall record such document in the Pinal County
Recorder's office within ten (10) calendar days after
full execution by both entities.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 5TH DAY OF AUGUST , 2008.
SIGNED AND ATTESTED TO THIS 5TH DAY OF AUGUST , 2008.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
os
RICHARD J. STERN
City Attorney
RESOLUTION NO. 08-04
PAGE 2 OF 2
HN S. INSALACO
yor
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ARIZONA DEPARTMENT OF ECONOMIC SECURITY
INTERGOVERNMENTAL AGREEMENT/GRANTOR AGREEMENT
This Intergovernmental Agreement hereafter known as Grantor Agreement (GA) is between the Arizona Department of
Economic Security (ADES)/Rehabilitation Services Administration (RSA)/Business Enterprise Program (BEP) hereinafter
called "ADES" and the City of Apache Junction, hereafter called "Grantor."
WHEREAS the Grantor is the owner or lessee of the properties identified in Attachment 1 of this agreement;
WHEREAS the ADES desires to operate a food and/or beverage merchandising or such other business as is mutually
agreed upon at said properties as provided by Title 23, Chapter 3, Article I, Section 504, Arizona Revised Statutes
(A.R.S.); and Title 6, Chapter 4, Article 3, Arizona Administrative Code (A.A.C.); and the Federal Randolph -Sheppard Act,
as amended (Public Law 93-516); and;
WHEREAS the ADES is duly authorized to execute and administer contracts under A.R.S. §41-1954 (A)(1)(d), and;
WHEREAS the Grantor is public agency as defined in A.R.S. §9-101 as a "City" entity and authorized to enter into
contracts under A.R.S. § 11-951 and 11-952;
WHEREAS the Grantor has delegated authority to the City Manager to enter into contracts pursuant to the City of Apache
Junction.
THEREFORE the ADES and the Grantor agree to abide by all the terms and conditions set forth in this Agreement.
FOR AND ON BEHALF OF ADES:FOR AND ON BEHALF OF THE GRANTOR:
Procurement Officer Signature
Elizabeth G. Csaki, CPPB
Authorized Signature
George Hoffman
Typed Name Typed Name
Manager, Professional Services Unit City Manager
Tile/Position Title/Position
Date Date
DE081140-001
ADES Contract Number Grantor Contract Number
1VR-04 86-60358590
BEP Facility ID No.FEI No.
IN ACCORDANCE WITH A.R.S. §11-952 THIS CONTRACT/AGREEMENT HAS BEEN REVIEWED BY THE UNDERSIGNED WHO
HAVE DETERMINED THAT THIS CONTRACT/AGREEMENT IS IN APPROPRIATE FORM AND WITHIN THE POWERS AND
AUTHORITY GRANTED TO EACH RESPECTIVE PUBLIC BODY.
ARIZONA ATTORNEY GENERAL'S OFFICE:PUBLIC AGENCY (GRANTOR) LEGAL COUNSEL:
Authorized Signature Authorized Signature
Date Date
SECTION 1
GENERAL TERMS AND CONDITIONS
1.AGREEMENT DATES OF TERM.
The Term of this Agreement shall be for a period of five (5) years beginning January 28, 2008 through January 27,
2013 and shall be subject to extension or termination in accordance with other provisions herein.
2.AGREEMENT EXTENSION.
This Agreement may be extended for up to an additional five (5) years by mutal agreement and the execution of a
written amendment.Prior to the expiration of the initial 5 year term, both parties shall re-evaluate the agreement
and agree to any necessary revisions and/or updates that need to be included.
3.AGREEMENT INTERPRETATION.
This Agreement is intended by the parties as a final and complete expression of their agreement.No course of
prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this,
document.
4.AMENDMENTS.
Any amendment, modification, or variation from the Terms and Conditions of this Agreement shall be in writing
and signed by the authorized signatories of both parties. Changes are the responsibilities of either party. A written
amendment shall be executed for the following changes:
4.1.Additions and/or changes which pertain to the Terms and Conditions or the General Service Scope of Work.
4.2.The extension or termination of the Agreement.
4.3.Changes in Attachments to this agreement shall not require an amendment.Changes that occur on Attachments
may be achieved on an as needed basis in accordance with Section 1, Paragraph 15, "Notices."All Attachments
should be reviewed for correctness at least annually.
5.ARBITRATION.
Disputes arising from this Agreement are subject to arbitration to the extent required by A.R.S. § 12-1518.
6.ASSIGNMENT AND DELEGATION.
Neither party shall assign any right nor delegate any duty under this Agreement without the prior written consent of
the other party. Approval shall not be unreasonably withheld by either party.
7.AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR
7.1.Funds may not presently be available for performance under this Agreement beyond the current fiscal year.No
legal liability on the part of the State for services may arise under this Agreement beyond the current fiscal year
until funds are made available for performance of this Agreement.The State shall make reasonable efforts to
secure such funds.
7.2.The parties recognize that performance by the Grantor under the Agreement may be dependent upon the
appropriation of funds by the Governing Council for the Grantor.Should the Council at any time fail to appropriate
the necessary funds for such performance,then,by written notice to ADES,the Grantor may cancel this
Agreement and have no further duty or obligation hereunder.ADES recognizes and understands that
appropriation is a Council act and is beyond the control of Grantor.
8.CANCELLATION FOR CONFLICT OF INTEREST.
Either party may cancel this Agreement in accordance with A.R.S. § 38-511.
9.COMPLIANCE WITH ALL LAWS.
Each party shall comply with all Federal, State and local laws, and all applicable rules, regulations, and Executive
Orders, without limitation to those designated within this Agreement.The laws and applicable administrative rules
of Arizona shall govern the rights of the parties, the performance of this Agreement and any disputes.Each
provision of law and any terms required by law to be in this Agreement are a part of this Agreement as if fully
stated in it.Any changes in the governing laws, rules and regulations during the term of this Agreement shall
apply but do not require an amendment.
DES Contract No. DE081140-001
Page 2 of 10
SECTION 1
GENERAL TERMS AND CONDITIONS
10.FINGERPRINTING.
For the purposes of this agreement, the words "Contractor" and "Provider" shall mean the same as the word/title
"Blind Operator" regarding fingerprinting in subparagraphs 10.1. through 10.6.
10.1.The provisions of A.R.S. § 46-141 (as may be amended) are hereby incorporated in their entirety as provisions of
this contract.For reference, these provisions include, but are not limited to, the following:
10.2.Personnel who are employed by the Contractor, whether paid or not, and who are required or allowed to provide
services directly to juveniles shall have a valid class one or class two fingerprint clearance card issued pursuant to
title 41, chapter 12, article 3.1, or shall apply for a class one or class two fingerprint clearance card within seven
working days of employment.
10.3.The Provider shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted
personnel.ADES may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a
contract.
10.4.Except as provided in A.R.S. § 46-141, this contract may be cancelled or terminated immediately if a person
employed by the Contractor and who has contact with juveniles certifies pursuant to the provisions of A.R.S. § 46-
141 (as may be amended) that the person is awaiting trial or has been convicted of any of the offenses listed
therein in this State, or of acts committed in another State that would be offenses in this State, or if the person
does not possess or is denied issuance of a valid fingerprint clearance card.
10.5.Personnel who are employed by any provider, whether paid or not, and who are required or allowed to provide
services directly to juveniles shall certify on forms provided by ADES and notarized whether they are awaiting trial
on or have ever been convicted of any of the offenses described in A.R.S. § 46-141 (F) (as may be amended).
10.6.Personnel who are employed by any provider, whether paid or not, and who are required or allowed to provide
services directly to juveniles shall certify on forms provided by ADES and notarized whether they have ever
committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or
any act of child abuse.
11.INCORPORATION BY REFERENCE.
All Exhibits and Attachments to this Agreement are hereby incorporated into this Agreement by this reference.
12.INDEMNIFICATION.
•Each party to this Agreement is responsible for its own negligence.
13.INSURANCE.
13.1.The State of Arizona/ADES and the City of Apache Junction (Grantor) are self insured under A.R.S. § 41-621 and
A.R.S § 9-497 respectively.
13.2.The BEP Operator shall prior to the commencement of services, provide evidence of their primary and non-
contributory liability insurance to the Grantor, naming the State of Arizona/ADES and the City of Apache Junction,
a body politic and corporate of the State of Arizona, its Board members, officers, employees, agents, and other
officials as additional insured.Such certificates shall identify the Agreement number and provide for 30 days
advance notice of any material changes, cancellation, termination or expiration.Evidence of the BEP Operator's
worker's compensation shall also be provided to the Grantor.
14.NON-DISCRIMINATION.
Each party shall comply with State Executive Order No. 99-4 and all other applicable Federal and State laws, rules
and regulations, including the Americans with Disabilities Act.
15.NOTICES.
15.1.All notices under this Agreement shall be directed in writing to the persons specified for such purpose in this
Agreement and shall reference the ADES Contract Number.All notices shall be personally served upon the party,
mailed, faxed or emailed.The person sending the notice shall verify with the recipient that the notice has been
received. A notice shall be given for the following changes:
15.1.1.Change of the name, address, or telephone number of the contact persons, authorized signatories, or persons
specified for notices.
15.1.2.Changes in the pricing for items vended that are more than a 10% annual increase except for seasonal or market
price changes.
15.1.3. Changes, removals or additions of vending equipment, on any properties owned or leased by the Grantor. All such
changes must reflect the location of equipment including the street address.
15.1.4. Changes to hours of operations for business offices and or merchandising/vending locations.
15.2.Email is the preferred method of updating equipment changes, removals/additions and or hours of operations.
DES Contract No. DE081140-001
Page 3 of 10
I
SECTION 1
GENERAL TERMS AND CONDITIONS
16.PAYMENTS.
The Grantor shall not charge any rent or other assessment for use or occupancy of the space granted for the
operation of the merchandising/vending machine business by licensed blind persons.
17.RECORDS.
The provisions of A.R.S. § 35-214 are applicable to this Agreement.
18.SEVERABILITY.
The provisions of this Agreement are severable.Any term or condition deemed illegal or invalid shall not affect
any other term or condition of the Agreement.
19.SUPPORTING DOCUMENTS AND INFORMATION.
When requested in writing, the Grantor shall furnish ADES any documents and information deemed necessary by
ADES to properly perform its duties under this Agreement (i.e. floor plans, electrical plans, minutes related to the
BEP Operations).
20.TERMINATION.
20.1.The Grantor shall have the right to terminate this Agreement in the event that ADES fails to correct any
deficiencies in the observance or performance of any of the terms and conditions, or provisions of this Agreement
after thirty (30) days written notice of such failure has been provided to ADES.However, in the event that more
than thirty (30) days are reasonably required to cure the deficiency, (as per A.A.C. R6-4-315 and R6-4-325), then
ADES shall not be deemed to be in default if the cure was commenced within the thirty (30) day period and it is
diligently pursued to its completion.Notwithstanding the foregoing,in the event the Grantor determines that
performance under this Agreement by ADES or the BEP Operator constitutes a hazard to health or safety, the
Grantor may require the immediate cure of the deficiency and in its sole discretion suspend operations at the
facility until the cure is accomplished or terminate this Agreement.
20.2.To the extent permissible by law, either party shall have the right to terminate this Agreement by giving ninety (90)
days advance notice in writing to the other party.
DES Contract No. DE081140-001
Page 4 of 10
SECTION 2
GENERAL SERVICE SCOPE OF WORK
The Arizona Department of Economic Security (ADES)/Rehabilitations Services Administration (RSA) provides licensing
and employment opportunities in merchandising businesses in the State -operated Business Enterprise Program (BEP) for
individuals who are legally blind.BEP is governed by the Federal Randolph Sheppard Act (P.L. 93-516) as amended and
the Arizona Statue A.R.S. 23-504.Blind persons working within BEP have priority for merchandizing business within
Federal, State, county, and city facilities.BEP is responsible for identifying potential business opportunities, negotiating
contracts with facility grantors, designing and equipping facilities, and their initial stocks and supplies.The individual Blind
Operators are not State of Arizona employees but function as independent business people subcontracted to and
functioning within the guidelines of BEP.
NOTICES.
1.1.ADES shall address all notices relative to this Agreement to the attention of:
City of Apache Junction
Office of the City Manager Phone: 480.474.5066
300 E. Superstition Blvd Fax:480.982.7010
Apache Junction, Arizona 85219-2825
1.2.The Grantor shall adqress all notices relative to this Agreement to the attention of:
1.2.1.ADES/Rehabilitation Services Administration
BEP Contracts Section, Code 0180-4 Phone: 602.266.9070
4620 N. 16th Street, Suite 206 Fax:602.235.9491
Phoenix, Arizona 85016-5149
1.2.2.DES/Office of Procurement Phone: 602.364.0170
Professional Services Unit, Code 805Z Fax:602.542.4496
1789 West Jefferson Street, 4th Floor
Phoenix, Arizona 85007-3202
2.AGREEMENT PURPOSE.
To permit the Business Enterprise Program (BEP) to establish and operate a merchandising/vending machine
business facility in/on public property that will provide employment opportunities for legally blind individuals to the
greatest extent possible.
3.TYPE OF MERCHANDISING BUSINESS FACILITY.
The Merchandising Facilities at the properties reflected in Attachment 1 may consist of any or a combination of
any of the following:
3.1.Extensive Food Preparation Facilities (EFP); such as,
Full Cafeteria (may or may not include china and dishwashing equipment).
3.2.Limited Food Preparation Facilities (LFP); such as,
Coffee, Soup & Sandwich Shop/Deli or "Food Concessions."
3.3.Other Facilities:
LFP or EFP with vending equipment (LFPV or EFPV); or Vending Only (VO).
DES Contract No. DE081140-001
Page 5 of 10
SECTION 2
GENERAL SERVICE SCOPE OF WORK
4.ADES SHALL PROVIDE SERVICES FOR LOCATION(S) AS STATED HEREIN.
4.1.Location and Contact Person.
4.1.1.Facilities located as indicated in Attachment 1.
4.1.2.Grantor Representative:(As indicated in Attachment 2)
Office of the City Manager
City of Apache Junction
300 E. Superstition Blvd.
Apache Junction, AZ 85219-2825
4.2.Square Footage:Noted for insurance purposes; ADES shall utilize approximately sixteen square feet (SF) for
each vending machine.Therefore,in accordance with the location(s)referenced in Attachment 1 of this
Agreement, the total utilized space in SF will be a multiple of 16 times the number of total machines reflected in
Attachment 1.(Example:20 machines equals 320 SF)
4.3.Grantor Business Days/Hours.
4.3.1.Business Offices are 8:00 a.m. to 5:00 p.m. Monday through Friday and closed Saturday and Sunday.
4.3.2.Vending Equipment access shall be in accordance with the operating hours at each location.
4.3.3.The Grantor must provide any variances to above hours in accordance with SECTION 1, GENERAL TERMS AND
CONDITIONS, Paragraph 15, "NOTICES" of this agreement.
4.4.Grantor Holidays.If a holiday falls on a weekend and is observed on a Friday or Monday, closure will be on the
day that the holiday is observed.The Grantor's business offices will be closed for the following holidays:
Jan:New Years Day Jul:Independence Day Nov:Thanksgiving Day
Jan:MLK Civil Rights Day Sep:Labor Day Nov:Day after Thanksgiving
Feb:Presidents' Day Oct:Columbus Day Dec:Christmas Eve Day
May:Memorial Day Nov:Veterans Day Dec:Christmas Day
4.5.Utilities.The Grantor shall be responsible for provision and payment of all utilities including gas, water, sewer and
electric.
4.6.Structural Alterations.The Grantor shall perform the following alterations and or preparations for equipment:
4.6.1.Ensure water line is installed prior to delivery of vending equipment when applicable.Water Line must have a 5/8"
shut off valve with a 3/8" compression fitting on the end.
4.6.2.Electrical Hook-up.Electrical outlets should be a minimum of 15 Amp and at best, a dedicated circuit for each
outlet with one outlet for each machine.Minimum of dedicated circuits is one for each compressor operated piece
of equipment such as frozen food, cold food and/or soda machines.Frozen food machines require not less than a
20 Amp dedicated circuit and a 5-20R electrical receptacle (NEMA configurations).
4.7.ADES will direct the BEP Operator to coordinate with the Grantor concerning access to the facility and the security
of the premises during and after normal business hours (if applicable) in relation to the merchandising/vending
locations reflected in Attachment 1 of this agreement.This shall also entail the compliance with any additional
personnel testing, screening,background checks, etc. which may be required of other Contractor personnel
having routine access to the facility.
4.8.ADES in conjunction with the Grantor will remain as the authority for all equipment located on property/facilities
reflected in Attachment 1 of this agreement.The Blind Operator will not add any equipment without prior approval
in writing of both ADES and the Grantor.
DES Contract No. DE081140-001
Page 6 of 10
SECTION 2
GENERAL SERVICE SCOPE OF WORK
5.ADES GENERAL RESPONSIBILITIES. ADES shall:
5.1.Provide food service, which is wholesome, well presented and of high quality.
5.2.Comply with all Arizona Department of Health Services regulations,county health regulations and other
regulations applicable to the operations of the food and beverage merchandising businesses.
5.3.Pay all costs and/or charges for services required solely for the operation of the merchandising business and not
excluded elsewhere within this Agreement or prohibited by A.R.S. §23-504, Subsection C.ADES shall not pay for
any necessary and usual requirements for the building operation or maintenance.
5.4.Request written consent prior to making any alterations, additions or improvements to the premises of the Grantor.
5.5.Appoint only a licensed BEP Operator who has been qualified in accordance with R6-4-308 to operate the
business.The BEP Operator shall be selected in accordance with the Arizona Administrative Code (A.A.C.) R6-4-
309 and acceptable to the Grantor as described in the agreement.ADES shall replace the Operator, pursuant to
ADES rules, A.C.C. R6-4-302 et seq., at the request of the Grantor if the services being provided by the operator
are documented to be unsatisfactory.ADES may replace any BEP Operator determined to be unsatisfactory in
accordance with A.A.C. R6-4-301 et seq.and appoint a qualified temporary BEP Operator and/or replacement
BEP Operator.
5.6.Not knowingly allow the possession, usage, or storage of explosives or hazardous substances on the premises.
5.7.Inform the BEP Operator, DES employees, invitees, visitors, licensees and subcontractors to use common area
and special marked parking areas if provided and when applicable.
5.8.Direct the BEP Operator to coordinate with the Grantor concerning access to the facility and the security of the
premises during and after normal business hours (if applicable) in relation to the merchandising business.This
shall also entail compliance with any additional personnel testing, screening, background checks, etc. which may
be required of other Contractor personnel having routine access to the facility.
5.9.Direct the BEP Operator to provide the Grantor or Grantor's Delegated Representative evidence of clearance for
all personnel regarding security, criminal history and or finger printing as required in the General Terms and
Conditions.
6.BEP OPERATOR GENERAL RESPONSIBILITIES. The BEP Operator shall:
6.1.Operate a Delicatessen/Food Service Facility/Vending on the properties reflected in Attachment 1 of this
agreement, providing food and beverages which are wholesome, well presented and of high quality.
6.2.Comply with all health regulations in connection with the operation of said business.
6.3.Maintain the operation of the business during hours mutually agreed upon by the Grantor and ADES as reflected
in Attachment 2 of this agreement.
6.4.Comply with all statutes,rules,orders,codes, ordinances and regulations applicable to the operation of the
business and the premises.
3.5.Prevent the overloading of any floor of the premises beyond the load limit established by the Grantor.
6.6.Maintain all equipment in good working order, service them as needed, repair or replace all broken parts when
applicable and maintain them in a clean, orderly and sanitary condition so as to not detract from or deteriorate
building appearance.When determined that repairs are required beyond what the Operator or employees can
accomplish, the Operator shall contact the BEP office and request service/repair by a licensed/qualified repair
company.
6.7.Inform employees, agents, customers, invitees, visitors, licensees and subcontractors to use common area and
special marked parking areas if provided when applicable.
6.8.At the discretion of BEP with Grantor approval have authority of direct contact with the Grantor or Grantor's
Designated Representative to resolve any operational issues or concerns.
6.9.Empty trash as required into receptacles provided by the Grantor.
6.10.Perform periodic maintenance per manufacture's specification on floor surfaces (steam cleaning, sealing, etc.) in
areas related to café's, deli's and or food preparation facilities.
6.11.Maintain commercial general liability insurance and other employee insurances as required by law and as
stated in the BEP Operators agreement.The BEP Operator will ensure all parties reflected in SECTION 1,
"GENERAL TERMS AND CONDITIONS," Paragraph 12, "Insurance" are named as additional insured on the
liability insurance policy.
6.12.Be responsible for monthly telephone charges.
DES Contract No. DE081140-001
Page 7 of 10
SECTION 2
GENERAL SERVICE SCOPE OF WORK
7.GRANTOR GENERAL RESPONSIBILITIES. The Grantor shall:
7.1.Allow ADES to furnish and install such restaurant equipment and/or services as are deemed necessary by ADES
for the Food Service Facility providing both parties agree in writing.Additions of wiring, enclosures and structures
are at the cost of ADES unless otherwise specified in writing by the Grantor.
7.2.Provide a finished floor surface after necessary plumbing and installation of equipment is completed, if applicable.
7.3.Furnish to ADES the utilities consumed on the premises by the merchandising business/vending in accordance
with SECTION 2,"GENERAL SERVICE SCOPE OF WORK," subparagraph 4.6.1. of this Agreement.The
Grantor shall not be liable to ADES for any stoppage or interruption of such services and utilities, which are
caused outside of the control of the Grantor.Grantor remains responsible for back up systems to support fire and
security systems, and access to and out of rooms and buildings in the event of interruption of utilities.This will
include evacuation plans for the assistance to the physically handicapped and the blind.
7.4.Provide space for equipment for the operation of the Food Service Facility at location(s) listed in Attachment 1 of
this agreement.
7.5.Have the right at its discretion to review candidates' qualifications and participate on the Selection Committee as a
non -voting member in accordance with A.A.C. R6-4-309.
7.6.Have the right to request that all ADES Contractors, Sub -contractors, the BEP Operator and employees be subject
to the same type of background checks, criminal history, and screenings, drug testing, fingerprinting, or similar
requirements which are conducted on other Grantor Contractors having routine access to the facility.All costs of
such tests will be at the expense of ADES,the BEP Operator or respective Sub -contractors.Specific
requirements if applicable are listed in SECTION 2, General Service Scope of Work, subparagraph 4.7.
7.7.Comply with ADA Architectural Guidelines in all public access areas.
7.8.Have the right, at its discretion to review and approve menu choices if applicable of the BEP Operator.
7.9.Perform daily custodial cleaning services to areas adjacent to the café if applicable only during non -operational
hours of the Food Service Facility.
7.10.Have the right to approve all signage, including graphic presentations.Graphics must conform to the general look
and quality of existing building signage.
7.11.Have the right to review and approve all furniture, equipment, lighting fixtures, upholstery and other fabric selection
and color to ensure quality, durability, look and compliance with architectural and interior decor of existing building.
7.12.Provide entry access to the BEP operator and staff prior to opening and after closing of the Food ServiceNending
Facility.Access shall be mutually agreed and in writing.All Security shall be the responsibility of the Grantor.
7.13.Provide receptacles for trash and or recyclable items in conjunction with SECTION 2, "GENERAL SERVICE
SCOPE OF WORK," subparagraph 6.9.
7.14.Promptly notify the ADES designated contact person if any concerns arise in respect to food selection, inventory or
other service issues in order to promote good customer service.
7.15.Retain the right should the BEP Food Facility be permanently closed and or this agreement cancelled to purchase
Food Facility equipment as listed on BEP Inventory at time of closure/termination at a cost determined by the State
Excess Property Management Services.
DES Contract No. DE081140-001
Page 8 of 10
SECTION 3
VENDING MACHINE SERVICE SCOPE OF WORK
1.ADES VENDING SERVICE RESPONSIBILITIES.
ADES shall:
1.1.Furnish and arrange to have installed the vending machines mutually agreed upon at the locations specified in
Attachment 1, including any expenses related to normal or unusual delivery/installation requirements.There will
be no charge to the Grantor for furnishing and installing the equipment.All equipment shall remain the owned
property of the party responsible for placing the equipment.All ADES/BEP equipment shall be marked with an
ADES Inventory Tag and or BEP Tag.. _
1.2.Make all reasonable efforts that any "BEP owned" vending machines/equipment is/are moved within 72 hours if
requested by Grantor.
1 "2 1 The BEP shall respond to all requests to move machines/equipment by phone call to the Grantor acknowledging
receipt of request in order to begin the 72 -hour period.
1.2.2.In the event that BEP equipment is not moved as requested, and the Grantor has acted in accordance with
SECTION 3,"VENDING MACHINE SERVICES SCOPE OF WORK,"subparagraph 3.3.and related
subparagraphs of this agreement, the BEP assumes full responsibility for equipment and or its condition and the
vending products within each machine should the Grantor be required to move the equipment in behalf of the BEP
due to non-compliance of subparagraph 1.2. (above).
1.3.When determined by the BEP Operator that repairs of equipment/machines are required beyond what the
Operator or employees can accomplish, ADES/BEP will ensure a "Request for Service" has been placed for repair
service of equipment/machine within twenty-four (24) hours of notification.If a licensed technician determines that
the equipment/machine is unserviceable or the BEP Manager or his delegate determines that repair costs are in
excess of the cost of replacement, the BEP Manager or his delegate shall determine if the equipment/machine will
be repaired or replaced.The BEP Manager or his delegate will make provisions for the machine replacement and
or disposal accordingly.
2.BEP OPERATOR VENDING SERVICE RESPONSIBILITIES.
The BEP Operator shall:
2.1.Respond to issues concerning the maintenance and operation of the equipment within twenty-four (24) hours of
notification by the Grantor.
2.2.Maintain all equipment/machines in good working order, service them as needed, repair or replace all broken parts
when applicable and maintain them in a clean and sanitary condition.When the BEP Operator determines that
repairs are required beyond what the Operator or employees can accomplish, the Operator shall contact the BEP
office and request service/repair by a licensed/qualified repair company.
2.3.Handle customer requests to replenish inventory, and make refunds for lost coins or unsatisfactory products in a
prompt and satisfactory manner mutually agreed upon by the Grantor, ADES/BEP and BEP Operator.
2.4.Provide for the sale of mutually acceptable items.Items shall be priced in accordance with the average market
value of the same or like products plus BEP allowable markup.These items may include but are not limited to; hot
beverages, cold drinks, candy, pastries, sandwiches/cold foods or frozen items, snacks, and other convenience
items.
2.5.Utilize nationally advertised brands of food and drinks and accommodate reasonable requests by the Grantor to
stock specific products in vending equipment.
2.6.Maintain the freshness of products and within the dates stamped on the package(s).
2.7.Service and restock all vending equipment not less than twice weekly or whatever is necessary to ensure stock
does not fall below seventy-five per cent (75%) level per machine.
2.8.Vending machines shall not dispense tobacco products, alcohol or medications (over the counter) in any
machine covered by this Agreement.
2.9.Place the following information on equipment for customer reference:
2.9.1.A decal that reads;
"REVENUES BENEFIT THE BLIND
AND VISUALLY IMPAIRED."
FEDERAL LAW:PL -93-516
STATE LAW: A. R.S. 23-504
2.9.2.Information that identifies name and phone number of person to be contacted for assistance.Information
must be affixed permanently to vending equipment, not larger than four inches wide by two inches high.
DES Contract No. DE081140-001
Page 9 of 10
1
SECTION 3 .
VENDING MACHINE SERVICE SCOPE OF WORK
3.GRANTOR VENDING RESPONSIBILITIES.
The Grantor shall:
3.1.Provide space and utilities for the plaaement of the agreed upon vending machine(s) in the locations specified in
Attachment 1.Any request for changes in the number and/or location of the machines shall be in writing
preferably by e-mail.Record of changes shall be as specified in the SECTION 1, GENERAL TERMS AND
CONDITIONS, subparagraph 4.4, "AMENDMENTS" and paragraph 15, "NOTICES" of this agreement.
3.2.Promptly notify the BEP Operator when applicable to replenish inventory, make refunds, service and/or repair the
machines in order to promote good customer service.
3.3.Not move or cause vending equipment to be moved from their specified location.
3.3.1.In the event that vending equipment needs to be moved either permanently or temporarily, the BEP shall be
contacted to move the machine or machines.Email is sufficient and preferred; the BEP Manager, Assistant
Manager and Contracts Section must be copied on Grantor's request.For email addresses refer to Attachment 2.
3.3.2.All requests to move vending machines/equipment must be in writing and received by the BEP not less than 72
hours prior to date and time of required move in order that the BEP has sufficient time to acquire a contractor to
move the equipment.All requests must be acknowledged as received by the BEP by phone.Emergencies are
those, which constitute endangerment to life or property and are not subject to 72 -hour advance request.
3.4.In the event that vending machines/equipment is/are moved by or at the request of the Grantor other than as
required in 3.3. (including 3.3.1, and 3.3.2) above; Grantor accepts full responsibility for all damage to equipment
and product up to full replacement of equipment and or vending products resulting in loss.Grantor shall accept
damages to equipment when assessment is in writing by a contracted, licensed repair contractor hired by the BEP
for purposes of achieving the cost of damage and or loss.Product loss assessment shall be accepted by the
Grantor as cause for reimbursement when presented with an itemized list in writing by the BEP Operator and
confirmed in writing by the BEP Manager or his/her delegate.Grantor agrees to reimburse the vending equipment
owner for damages of equipment and or product loss resulting only in accordance with this paragraph.
DES Contract No. DE081140-001
Page 10 of 10
ATTACHMENT 1
CITY OF APACHE JUNCTION, ARIZONA
Typt tlIPMENT
1
2
3
4
5
7
8
9
10
11
12
13
14
FACILITY (NAME)
Public Library
TYPE *
VO
ADDRESS
1177 N. Idaho Road
CITY
Apache Jct 1 1 1 1
TOTAL EQUIPMENT
TYPE (FACILITY)EFP Extensive Food Preparation (Full Cafeteria; may/may not include china & dishwashing equipment).
LFP Limited Food Preparation (Coffee, Soup & Sandwich Shop/Deli or Food Concession).
EFPV EFP with vending equipment.
LFPV LFP with vending equipment.
VO Vending Only.
MEISEN
RENION;It
EINEIN1
DES Contract No. DES081140-001
Attachment 1
Page 1 of 1LAST REVISED:1/14/08
PHONE NUMBERS & E-MAIL
CITY OF APACHE JUNCTION, ARIZONA
ATTACHMENT 2
CONTACT PERSONS.The following names, titles and phone numbers and email addresses are provided to
assist in the coordination of the business:
NAME/TITLE
Grantor Representative:
Shane Kiesow
Facilities Manager
300 E Superstition Blvd
Apache Junction, Arizona 85219-2825
PHONE NUMBER E-MAIL ADDRESS
480.474.8516 skiesow@ajcity.net
480.983.5752 (Fax)
City of Apache Junction
Office of the City Manager 480.982.7010 (Fax)
300 E. Superstition Blvd
Apache Junction, Arizona 85219-2825
Mr. Matt Busby, Assistant City Manager 480.474.5096 mbusby@ajcity.net
Business Enterprise Program
4620 North 16th Street, Suite 206
Phoenix, AZ 85016-5149
Mr. Otis Stevenson, BEP Manager
Mr. Rudy Luttenberger, Operations Manager
Mr. Ed Pearce, Contracts Manager
DES Office of Procurement, Code 805Z
Professional Services Unit, 4th Floor
1789 W. Jefferson Street
Phoenix, AZ 85007-3202
Ms. Linda Ferreri, Sr. Procurement Specialist
602.266.9070
602.235.9491 (Fax)
Ext. 7109
Ext. 7106
Ext. 7103
602-364-0170
602-542-4496 (Fax)
ostevenson@azdes.gov
rluttenberger@azdes.gov
epearce@azdes.gov
602.542.2456 Iferreri@azdes.gov
DES Contract No. DE081140-001
ATTACHMENT 2
Page 1 of 1