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HomeMy WebLinkAbout2021 05.04 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, May 4,2021 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 21-200 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 1- 01 Consideration of approval of minutes of the regular meeting of April 20, 2021. Sponsors: Jennifer Pena Attachments: Minutes 3. 21- 05 Consideration of approval of award of contract to Franklin Striping for street striping services. The work will result in street striping services for the city's 208 lane miles of streets with striping and pavement markings to meet retro-reflectivity standards and safety. The contract will be utilizing the Maricopa County cooperative contract No. 210109-S in the amount not to exceed $200,000 each year during the life of the contract. Sponsors: Shane Kiesow Attachments: City Council Memo-HFS21-11 Striping Services Agreement RS HFS21-11 Striping Services Agreement-Franklin City of Apache Junction,Arizona Page 1 Printed on 412812021 City Council Meeting Agenda May 4.2V21 4. 21-210 Consideration of approval of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation ofaLocal Visitor Information Center for a term of three years, July 1. 2O21 through June 30. 2024. in the total amount uf$155.831.0U with an option to extend the agreement upto two additional periods. Sponsors: Janin*SoUoy Attachments: Visitor Center PSA FY 21-24 FINAL w Attachment 5. 21-209 Consideration of approval of employment agreement with Michelle Lue Sang for Apache Junction Municipal Court Interim Magistrate retroactive tu April 1. 2021. for a term ofupto six months or until such time presiding magistrate io selected and appointed, whichever occurs first. Sponsors: Joel Stern Attachments: Memo to Council E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awmnfo presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted atthis time. 6' Presentation of proclamation recognizing the week of May 2 -8, 2021 as "Municipal Clerks Week". Sponsors: Jennifer Pena Attachments: Mu icipal Clerks Week 7. Presentation of proclamation recognizing K4oy3021 as Building Safety Month. Sponsors: Dave ZoUnor and Larry Kimh Attachments: Building Safety Month May 2021 F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 8' 21-202 Announcement of current events from mayor and oounoi|memberu. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. City vr Apache Junction,Arizona Page Printed on 412812021 City Council Meeting Agenda May 4,2021 9. 21-203 City Manager's Report. Sponsors: Bryant Powell 10. 21-212 Presentation of 25-year Service Award to Liz Langenbach, Director of the Parks and Recreation Department. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak.All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 1. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 11. 21-207 Presentation, discussion, and consideration of Resolution No. 21-18, authorizing the submission of two grants to Arizona State Parks: 1) Recreation Trails Program grant for Silly Mountain Park and 2) Land Water Conservation Fund grant for Superstition Shadows Park. Sponsors: Liz Langenbach Attachments: STAFF MEMO to Council-State Parks Grants Resolution 21-18 Land Water Trails Grant Autalication K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 21-204 Executive Session at 6:00 P.M. for Monday, May 17th and Executive Session at 6:00 P.M.for Tuesday, May 18th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena City of Apache Junction,Arizona Page 3 Printed on 412812021 City Council Meeting Agenda May 4,2021 M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 412812021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 21-200 Sponsor:Jennifer Pena Agenda Date:5/4/2021 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 412812021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 21-201 Sponsor:Jennifer Pena Agenda Date:5/4/2021 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of April 20, 2021. City of Apache Junction,Arizona Page 1 Printed on 412812021 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,April 20,2021 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the city council meeting to order. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and then council said the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Schroeder Councilmember Biggs Councilmember Nesser Councilmember Gremmel City Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Al Bravo, Public Information Officer Thomas Kelly, Chief of Police Larry Kirch, Development Services Director Janine Solley, Economic Development Director Leslie DeReche, Finance Director Emile Schmid, City Engineer Heather Hodgman, Public Works Jill Bright, Deputy City Clerk(remotely) D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Gremmel to accept the consent agenda as presented. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 1. 21®1 7 Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes April 20,2021 2. 21-1 S Consideration of approval of minutes of the regular meeting of April 6, 2021. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS 3. 21-144 Presentation of 25-year Service Award to Celeste Zwolinski of the Police Department. Police Chief Kelly and City Manager Bryant Powell presented a 25 year service award to Celeste Zwolinksi and thanked her for her years of service. Ms. Zwolinkski shared that she has enjoyed her time working for the city and will miss it when she retires some day. F. ANNOUNCEMENT OF CURRENT EVENTS 4. 21-191 Announcement of current events from mayor and councilmembers. Councilmember Biggs shared that AJ Kids Idol will be May 2nd at Mountain View Lutheran Church. The First Friday event will be the weekend of April 30th. Councilmember Evans shared that The Salvation Army is hosting Project Showers Sunday, April 25th at 12:00pm. Councilmember Gremmel shared that Pinal County District 5 Supervisor Jeff Serdy is hosting an open house on April 29th at the county complex. Vice Mayor Rizzi shared that Table of Grace Church hosts an Open Mic every other Friday at 6:00pm and will be hosting Celebrate Recovery on Tuesdays. G. CITY MANAGER'S REPORT 5. 21-192 City Manager's Report. City Manager Bryant Powell shared before and after pictures of a successful code compliance case that got the neighbors to work together to clean up the area. H. PUBLIC HEARINGS I. OLD BUSINESS J. NEW BUSINESS 6. 1-14 Presentation and discussion of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods. Chamber staff will be available to answer questions. Economic Development Director Janine Solley shared that the city's current contract for visitor center services with the Apache Junction Chamber of Commerce will end June 30, 2021 and staff is recommending this contract be renewed for the next three years with options for two one-year extensions. Ms. Solley explained the process for selecting Apache Junction Chamber of Commerce to host the visitor center and the cost that is associated with it. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes April 20,2021 7. 21-178 Presentation, discussion and consideration on entering into an agreement with Centimark Corporation for the city complex roof re-coating in the amount not to exceed $78,000. Councilmember Evans moved,seconded by Councilmember Biggs that the agreement with Centimark Corporation in an amount not to exceed$78,000 for the re-coating of the city complex roof be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Public Works Administrative Services Manager Heather Hodgman shared that the city is working on the final phase of preventative maintenance to re-coat the city complex roofs. This phase will cover the Human Resources, Municipal Court, Management Services, Council Chambers and City Attorney buildings. Councilmember Biggs asked how long the warranty is for. Ms. Hodgman replied that the warranty is for ten years but the roofs can last longer. Vice Mayor Rizzi asked how often we have to call Centimark out. Ms. Hodgman replied that they have only come out for the five year inspection as no other issues have occurred. 8. 21-12 Presentation, discussion and consideration on entering into a second amendment with JB Superior Maintenance Services, LLC to cover the increased Arizona's minimum wage compensation per Proposition 206. The increase will be an additional $25,000 to the initial agreement with a total of $300,000 a year. Councilmember Evans moved,seconded by Councilmember Biggs that the second amendment with JB Superior Maintenance Services for an additional amount of$25,000 to compensate for the increase of Arizona's minimum wage be approved. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 1 - Councilmember Schroeder Public Works Administrative Services Manager Heather Hodgman shared that staff requests entering into the second amendment with JB Superior Maintenance Services, LLC beginning April 21, 2021 until April 27, 2028 to cover the increased Arizona's minimum wage compensation per Proposition 206. The increase will be an additional $25,000 to the initial agreement with a total of$300,000 a year. Vice Mayor Rizzi asked for a briefing what this cost covers. Ms. Hodgman explained what cleaning company performs. Councilmember Biggs asked if there has been conversation about bringing this service in house. Ms. Hodgman replied that it used to be in service and it was difficult to keep employees in the positions. Councilmember Schroeder asked how often the facilities are cleaned. Ms. Hodgman stated that the facilities are cleaned every day. He finds it to be a ridiculous amount of money for the services that are offered. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes April 20,2021 Mayor Wilson reminded council that the voters approved the minimum wage increase. Councilmember Biggs asked why the contract is so long. Vice Mayor Rizzi replied that it was a struggle to find a company to correctly perform the services. 9. 21-155 Presentation, discussion and consideration of Resolution 21-16; ordering the installation of streetlights within the City of Apache Junction Streetlight Improvement District No. 2021-02-Coyote Crossing. Vice Mayor Rizzi moved,seconded by Councilmember Evans that Resolution No.21-16 a resolution of the mayor and the city council of the City of Apache Junction,Arizona,ordering the installation of street lights within street lighting improvement district No.2021-02-Coyote Crossing be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Engineer Emile Schmid shared that this is the 2nd of 3 resolutions that orders the installation of the streetlights within the Coyote Crossing district boundaries and formally ordering the formation of the district. 10. 21-16 Presentation, discussion and consideration of Resolution 21-17; ordering the installation of streetlights within the City of Apache Junction Streetlight Improvement District No. 2021-01-Goldview. Councilmember Biggs moved,seconded by Counilmember Nesser that Resolution No.21-17,a Resolution of the Mayor and City Council of the City of Apache Junction,Arizona,ordering the installation of street lights within street lighting improvement district No.2021-01-Goldview be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 City Engineer Emile Schmid shared that this is the 2nd of 3 resolutions that orders the installation of the streetlights within the Goldview district boundaries and formally ordering the formation of the district. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 21-099 Selection of dates, times and location for budget work sessions, public hearing and adoption of tentative and final budget for Fiscal Year 2021-2022. Vice Mayor Rizzi moved,seconded by Councilmember Biggs that a Budget Work Session be held at 7:00 PM on Monday,May 3rd,2021 in the city council chambers; and that a public hearing and adoption of the tentative budget be held at 7:00 PM on Monday,May 17,2021 in the city council chambers; and that a public hearing and adoption of the final budget be held at 7:00 PM on Monday,June 14,2021 in the city council chambers be approved. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes April 20,2021 Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 Assistant City Manager Matt Busby shared that is the annual selection of budget council meeting dates. 12. 21-193 Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Monday, May 3rd and Executive Session at 6:00 P.M. and Work Session at 7:00 P.M. for Tuesday, May 4th in the city council conference room and city council chambers located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings may be scheduled if necessary. Vice Mayor Rizzi moved,seconded by Councilmember Evans that an Executive Session at 6:00 P.M.for Tuesday,May 4,2021 be held at 300 E.Superstition Boulevard in Apache Junction,AZ, and other meetings be scheduled if necessary. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Schroeder, Councilmember Biggs, Councilmember Nesser and Councilmember Gremmel No: 0 M. CALL TO PUBLIC Rich Winters thanked council for what they do and allowing them to keep their shade structure. He provided a letter to Raquel Schatz and thanked her for her work. He has a cargo container and received a complaint for it. He would like to have a debate on the cargo trailer. George Schroeder, 2444 W. Virginia Street in Apache Junction, says that we have some serious issues that need to be taken care of. The trailer on his street needs to go. Kimberly from code compliance needs to go. Four properties on Cactus Wren are getting their landscape done. The owners of the landscape company are still parking trailers on their property. N. ADJOURNMENT Mayor Wilson adjourned the city council meeting. ACCEPTED THIS DAY OF 2021, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2021. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes April 20,2021 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the day of , 2021. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2021. JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 6 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 21-205 Sponsor: Shane Kiesow Agenda Date:5/4/2021 Index: In Control: City Council Meeting Consideration of approval of award of contract to Franklin Striping for street striping services. The work will result in street striping services for the city's 208 lane miles of streets with striping and pavement markings to meet retro-reflectivity standards and safety. The contract will be utilizing the Maricopa County cooperative contract No. 210109-S in the amount not to exceed $200,000 each year during the life of the contract. City of Apache Junction,Arizona Page 1 Printed on 412812021 Public Works Department Home of the Superstition Mountains Date: April 19, 2021 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Shane Kiesow, Public Works Manager Subject: Contract No. HFS21-11 Award City staff respectfully requests city council consideration of award of contract no. HFS21-11 to Franklin Striping for street striping services. Work within the term of the agreement will consist of restriping the city's 208 lane miles of long-striping and pavement markings (arrows, crosswalks, stop bars, etc.). These streets are striped at a frequency of 1.5 times per year to keep up with retro-reflectivity safety standards with some streets more frequent than others depending on street's condition and extent of street maintenance projects. Term of this contract would extend into 2023 and not exceed $200,000 per annum. Average annual cost to restripe the city's streets is approximately $170,000 per year and is budgeted through the city's Highway Users Revenue Funds ("HURF"). 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice(480) 982-1055 • FAX (480) 983-5752 or(480) 982-8005 MATERIAL AND SERVICES AGREEMENT BETWEEN THE CITE' OF A A HE JUNCTION AND FRANKLIN STRIPING INC. FOR STREET STRIVING SERVICE PROJECT NO.: F1- 1 THIS AGREEMENT made and entered into by and between the CITY OF AP HE JUNCTION ("City"), are Arizona municipal corporation, and F ANK IN STRIPING INC., an Arizona corporation, ("Contractor*° sometimescollectively referred to as the "Parties", or Individually as a "Party". RECITALS A. After a competitive procurement process, Maricopa County Department of Transportation,Arizona "County" entered into Contract No.210149-S,dated January 14, 2021 ( the "'County Contract"),for the Contractor to provide for installation of paint stripes and markings (the "Work"). A copy of the County Contract is attached hereto as Exhibit A andincorporated herein with this Agreement(the "Contract Documents"), to the extent not inconsistent with this Agreement. if there are inconsistent provisions between the County Agreement and this Agreement, the previsions of this Agreement shall govern. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements tinder Arizona Revised Statutes ("A. .") Title 34, and Apache Junction City Code, Vol. 1, Chapter 3, Administration, Article 3-7, Procurement Procedures, to purchase such materials and services under the County Contract. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows. I1 SCONE OF WORK: This is an as needed quantity and delivery agreement for materials and services and the scope of work ("SOW") is more fully delineated in Exhibit At . WORK ORDERS: Purchases will only be made when the City identifies a need and _proper authorization and documentation have been approved. For purchase(s) determined by the City to be appropriate for this Agreement, the Contractor shall provide the materials and services to the City in such quantities and configurations agreed upon between the Parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a "Work Order"). Each Work Order shall contain a reference to the Contract Documents. Work Orders submitted without referencing the Contract Documents will be subject to rejection. Contractor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms the Contract Documents (collectively, "Unauthorized Conditions"), other than City's project-specific requirements, are hereby expressly decl r+ed void and shall be of no force and effect. Acceptance by the City of any Work Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement, shall not alter such terms and conditions set forth in this Agreement or under the County Contract, shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. If the Agreement is renewed pursuant to Subsection 3 below and such renewal includes any Unauthorized Conditions, other than price, those terms will be null and void. The City reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the City agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The City will not reimburse the Contractor for any costs incurred after receipt of City notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order, or for anything not expressly permitted pursuant to this Agreement. . TERM OF AGREEN�ENT: Initial Term This Agreement shall be effective upon execution by the last Party and shall remain in full force and effect until ,January 31, 2023 (the "Initial Term"), unless terminated as otherwise provided in this Agreement or the County Contract. Renewal Terms After the expiration of the Initial Term, this Agreement may renew automatically for an additional one-year term ("Automatic Renewal Term") in accordance with the: County Contract. Renewal approval may be withheld by the City for any reason. The Contractor's failure to seek a renewal of the County Contract will cause this Agreement to terminate at the end of the then-current term. The 2 - Initial Term, Automatic Renewal Term and any Renewal Term(s) are collectively referred to herein as the "Term.' Upon renewal, the terms and conditions of this Agreement shall remain in full farce and effect. 4. PAYMENTS & COMPLETInM: Prices shall be governed under Exhibit A for the performance of the Work. The City shall pay Contractor for the Initial Term and for each subsequent Renewal Term, if any, an annual amount not to exceed two hundred thousand dollars($200,000) for materials and services as requested through proper Work Order at the unit rates set forth in the County Contract. The maximum aggregate amount for this Agreement during all years it is in affect, including all Renewal al Terms, shall not exceed four hundred thousand dollars ($400,000). Once City finds the Work acceptable sunder the Contract Documents, City shall promptly submit for processing a certificate or invoice for Payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the full balance due the Contractor is payable. 5. LAB( f2 ANa MATERIALS; Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials,equipment, tools and machinery,water, heat, utilities, transportation, other facilities and-services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 6. TAXES. Contractor shall pay all license, sates, transaction privilege, 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. 7. PERMITS & FEES; Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. 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 license pursuant to Chapter 8 of the Apache Junction City Code, Vol. 1, 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 3.7 of the County Contract. Contractor 3 # ! ` !.:•. • # #. # � • . i � i # i - # 1. ! • # # # - # !� � • - • • t • # - f # #. # • ! # # � ' t.. � i. * i #. ! � # #. #.• # # # # .. # •. � ! # # * # •. # . # # • - • # ! ! • • • • # � • • - • � # � � # i #.. # t ! # # #.. # •. i # #' * # � # . : � 1. # . . � #: #. # # # •.. #. ! t.. # # i # * # # t. ; !. . # {.! ! # #. � # # # • • # # � # # # # s - # • r • # • - # * i � � • • ` '# • # � ! r a ! _ � • s .� •� # • # � s # ! # � ! � i # # � • # ! • • # # # - # # � - # # #� • # # • # # s # ! ! _ # ! � i ! # # is # #. # # • # # - # # # # # # #: # s i # #. # # # # • # :# ! . # — # � i ! # i # a i • # # #. ! # # # � f. • •. !. i i # # ..♦.." is • # # # i # • # # # s # #' # # ! ., ! � # # } • #.. # # # # . # #: # #.. # # # # t # # # # • i 10. APP .ICABl_E LAW ANl3 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 ether county. In the event either Party shall brim 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 shell recover all costs Inc ludi all litigation and appeal expenses, collection expenses, reasonable attorneyng: fees, necessary witness fees and court casts to be determined by the court in such action. 11. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing acurrent A.M. Bast, Inc. Rating of B++S, 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 affect until all Work required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted, failure to do so may, ,at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of,recovery {subrogation} against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or sell- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require-Contractor- to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations sunder this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name_City,_ its agents, officers, officials and employees as Additional Insureds. REQt11RE© CO.VERAGE Corr+mercial+General liability Contractor shall maintain Commercial General liability insurance with a limit of not less than $1,000,000 for each occurrence with a Products/Completed Operations Aggregate and a $2,UC1t?,tlQ $2,c�©o,t0 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service {office, Inc. Policy Farm No. CG 00011093,or the equivalent thereof. Such policy shall contain a severability of interest provision, .and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, 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, Contractor shall Purchase and maintain, at all times during prosecution of the Work, 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 Contractor's Work, under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General liability insurance. Automobile liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's Work. Coverage will be at least as bread as coverage code 1, "'any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent 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 ment hall 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; 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. § -gpp 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 1 will comply with such provisions before commencing the performance of the Work of this Agreement."_ If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability Insurance to at least the same extent as required of Contractor. Certificates©f 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 byContractor's Insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 east Superstition Boulevard,Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion 7 and acceptance of Contractor's Work and as evidenced by annual Certificates of Insurance. If a policy dues expire during the life of the Agreement, a renewal certificate mast be seat to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of ity's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work clone by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy.,, Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 12. SUCCESSORS ASSIGNMENT & aELEGATI4N: 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 whale or relegates the duties thereunder, without the written consent of the other, nor shell Contractor assign any monies clue or to become due to it without the previous written consent of City. 13. 1NRITTEN 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. 14. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 15. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract documents a+nd the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by +City or 8 Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 16. TERMINATIQN: A. TERMlNAT1n1UPVfyrv. City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, they believe Contractor has failed to meet the terms of this Agreements City shall thereupon have the right to terminate the contract by giving written notice to Contractor of such termination and specifying the effective date thereof. Contractor will be paid for the time expended and expenses incurred up to the termination dates B. TERMINATION BY CONTRACTOR; Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any ether termination will be deemed a breach of contract by Contractor. Contractor shall provide notice of termination to City in writing specifying the effective date thereof; 17. 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 18. 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, 19. 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, 9 0. 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 ants 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 21. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 22. PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF IS . The Parties acknowledge A.R.S. §§ 35} 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts" of the State of Israel. Should Contractor under this Agreement engage In any such boycott against the Mate of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 3. Ct?MPI.IANCE WITH FEDERAL N13 STATE LAtNS: Contractor understands and acknow#edges the applicability of the American with Disabilities Act, the immigration Ref©rm 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- 14(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 warranter shall be deemed a material breach of the Agreement that is subject to 1 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 $1,000 per day 10 for the third violation. City at its option m►ay terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 2748 of the federal Immigration and Nationality A►ct and the E-Verify requirements contained in A.R.S. § 23a-214(A). City retains the 1egal right=to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. if state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this 2021, day of CONTRACTOR. FRANKLIN STRIPING INC., an Arizona corporation By: Itsr I CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By; Walter"Chins Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J. Stejrn City Attorney 2 STATE 4F COUNTY OF The foregoing was acknowledged before me thi day o 2021, by as -P " f 4r Franklin Striping'. � o ry blic Loll MY CommissionExpires: LER 5474 9 xres 2 STATE OF ARIZONA � OUNT } SS. t.�i= The foregoing was acknowledged before me this day of 2021, by Walter"Chip"Wilson as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires. DATE(M D CERTIFICATE OF LIABILITY INSURANCE 3/31/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW._THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE BOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the p ►l y(i )must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights t4 the certificate holder in lieu of such endo ent s. PRODUCER E. Teri Pickenrl Crest Insurance Group,LLC PHONE FAX 7272 E. Indian School Rd. Suite 375 ,5 0-881-5760 A+C moo;520- 2 -37 7 Scottsdale AZ 85251 ADDREss. info crestins.com INSURERS AFFOROINGCOVERAGE NAIL INSURER A:Carolina Casualty Insurance Com an 10510 INSURED FRANSTR-02 INSURER a.Cincinnati Insurance Company 10677 Franklin Striping,Inc. 2832&45th Street INSURER c Phoenix AZ 8504{} INSURER D INSURER E INSURER F z COVERAGES CERTIFICATE NUMBER:849014063 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF IN$URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR ADOLSUSR POLICY EFF POLICY ID P LTR TYPE OF INSURANCE 2=im POLICY NUMBER IMM29MM 1M D LIMITS B X COMMERCIAL E ERAL LIABILITY Y Y E P 0195632 61612020 615/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR PREMISES Es vcrxr rsr csI $100,000 X 250 PD DED MED EXP(Any one ) $10,000 PERSONAL 4,ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO.CT X LOC PRODUCTS-COMPIOP GG $2,000,000 OTHER; $ B AUTOMOBILE LIABILITY Y Y ESA 0195532 6151 020 61512021 COMBINED IN LE LIMIT $1,000,000 y ea accident IX ANY AUTO BODILY INJURY(Per n) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY{Per adsnl) $ X HIRED Ix NOON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per aecttlsnt $ B X UMBRELLA LIAR X OCCUR ENP 0195532 616/2020 615/2021 EACH OCCURRENCF $2,000,000 EXCESS LIAS I CLAIMS-MAOE AGGREGATE $2,000,000 DEO I X RETENTION$ s A WORKERSCOMPENSATION Y CCWC321602 2M512021 211512022 X AND EMPLOYERS'LIABILITY Y 1 N STATUTE ERH ROPRiETORIPARTNERfEXECUTIVE E,L,EACH ACCIDENT $1 000,000 OFFICERtMEMSEREXCLUDEO? NIA (Mandatory in NH) El,DISEASE-EA EMPLOYEE $1,000,000 If es,de ` under DgSCRIPTION CIE OPERATIONS below EA.,DISEASE-POLICY LIMIT $1,000,000 B LEASEDiRENTEDEQUIPMENT ENP 0195532 615/2020 615/2021 LIMIT 50,000 DEDUCTIBLE 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES{ACORD 101,Additional Romaft 5ehodula,may hs otiaehod it rrlcrs psca is verviradl The Certificate Holder is included as Additional Insured per written contract requirements for the General Liability GA472AZ and a Waiver of Subrogation applies per attached endorsements GA233AZ 09117;Additional Insured-Completed Operations per attached endorsement GA431 iAZ 09117;and coverage is Primary and Non-Contributory per attached endorsement CG2001 04113. A Per Project Aggregate applies per form GA101 12104.Auto Liability coverage is Primary and Non-Contributory,Auto Liability Blanket Additional Insured applies per written contract;and Auto Liability Blanket Waiver of Subrogation applies per attached AA 265 01 16. Waiver of Subrogation also applies to Workers`Compensation per WC 00 0313. Umbrella Liability Policy follows farm of above policies. WORKERS COMPENSATION AND EMPLOYERS LIABILITY Excluded officers:Randy Franklin,Brian Franklin. Contract HFS21-11 Street Striping Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF; NOTICE WILL BE DELIVERED I City of Apache Junction ACCORDANCE WITH THE POLICY PROVISIONS. City Attorney 300 E.Superstition Blvd AUTHORUXORFPRESENTATIVIE Apache Junction AZ 85119 0 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(201 103) The ACORD name and logo are registered marks of ACORD Exhibit t SERIAL 210109-S INSTALLATION OF PAINT STRIPES AND MARKINGS DATE OF LAST REVISION:January 14,2021 CONTRACT END MATE:January 31,2023 CONTRACT PERIOD THROUGH JANUARY 31,2023 TO: All Departments FROW Office of Procurement Services SUBJECT: Contract for INSTALLATION OF PAINT STRIPES AND MARKINGS Attached to this later is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on JA,NUARY 1 , 021 (Eff.02101/21) All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. PAO Kevin lyne, Chi Pxxxx ti ent Officer Office of Proc=ment Services I_Nlmm Attach Dopy to: Office of Procurement Services John Hatter,MCDOT uzi Williams-MCDOT (Please remove Serial 14097-S from your contract notebooks) SERIAL 210109-S FRANKLIN STRIPING INC,2832 S.45TH ST..PHOENIX AZ 85040 COMPANY NAME; Franklin Striping Inc. DOING BUSINESS AS(dba): MAILING ADDRESS: __ 2832 S.45th St. Phoenix,AZ 85040 REMIT TO ADDRESS 832 S.45th St. Phoenix,AZ TELEPHONE NUMBER; 480-8 8-1180 FAX NUMBER N/A W ADDRESS: franklinstr'iping.com REPRESENTATIVE ME: Randy Franklin REPRESENTATIVE TELEPHONE NUMBER: Sid -695-9748 REPRESENTATIVE EMAIL ADDRESS randyfranklinstriping.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE W, FROM THIS CONTRACT.- WILL ACCENT PROCUREMENT CARD FOR PAYMENT: lv % 10 DAYS NET 30 DAYS 9 t Call N Striping, tri in ,Water Borne Paint T APL Formula 1 H ,!,A out ui Unit Title Price U0fm Roadway Stn in wl earls Lon Lure WHITE $0.14 1 linear foot Roadway St ri in wlb ads Lon Line YELLOW $0A 4 1 linear foot Intersection tri in Cross walk/Sto Bar 12 inches (White or Yellow $9.50 411inear ear foot Intersection Stri in -Islands 8 inches $0.25 foot Intersection Stri in Arrows LT. RT. &ST: $25.00 ch Railroad Pavement Markin -St€i Bar 24 inches $t}.9t} ear foot Railroad Pavement Markin Kin Pavement M rkirx 1 inches $0.80 1 linear foot Railroad Pavement $25.00 1 each Bike Lane S bol $26.00 1 each Yield S mbc2l '19'" Shanks Teeth �$l 0 1 each Pavement Wording-All letters and/or Numbers 0 1 each R tri in ,Water Some Paint T APL Formula 1 HB,No La ut Required) unit Title Price _9ty UofM gLA Striping wlbeads(Long Line -WHITE $0.13 1 linear foot Roadway tri in /beads(Long Line -YELLOW $0. 3 1 linear foot Intersection Striping-Crass walk/Sto Bar 12 inches White or Yellow $0.50 1 linear foot Intersection Striping-Islands 8 inches $0.25 1 linear foot Intersection Striping-Arrows LT. RT.&ST. - $25.00 1 each Railroad Pavement Markin -Stop Bar 24 inches $0.80 1 linear foot SERIAL 210109-S FRANKLIN STRIPING INC Railroad Pavement Markin -(X)inq(X)in Pavement Marking_ $0.70 1 linear foot Railroad Pavement Markin R.R. Pavement Marking $25.00 1 each Bike Lane Symbol $25.00 1 each Field Symbol 18"fSharks Teeth $10.00 1 each Pavement Wordin2-All letters and/or Numbers $12.50 1 - each New Striping,AZDOT Now S Thermoplastic La trtRequired) Unit Title Price City UOfm Road Stri inq(Long Line -60 mils thick $0.32 1 linear foot Roadway Stri ing(Long Line -90 mils thick- $0.42 1 linear foot Roadway Striping Lon Line -1 0 mils thick $0,60 1 linear foot Intersection tri in at 120 mils thick Criss walk&Stop Bar 1 " $2.00 1 linear foot Intersection Stri in at 120 mils thick -Islands 8" 1.15 1 Iinear foot Intersection Stri in at 120 mils thick -Arrows LT.RT.&ST. 115,00 1 each Railroad Pavement Markin 120 mils thick -Stop Bar 24`" $3.50 1 1 linear foot Railroad Pavement Marking 020 mils thick "X"in2 Pavement Markin2 $2.00 1 linear foot Railroad Pavement Markin 120 mils thick -"R.R."Pavement Markin2 $100.00 1 each Bike Lane Symbol $175.00 1 each Yield Symbol 18" Sharks Teeth $20.00 1__ each Pavement Wordin 120 mils -All letters and/or Numbers 1 $65.00 1 each tri `n' T The is ut ui .0 Unit Title Price UOfm Roadway Striping Lon Line -60 mils thick $0.32 1 _ linear foot Roadway Striping Lon Line 90 mils thick $0.42 1 linear foot Roadwa Stri in Lon Line -'120 mils thick $0.60 1 _ linear foot Intersection Striping at 120 mils thick -Cross walk&Stop Bar 02" $2.00 1 linear foot Intersection Striping at 120 mils thick -Islands 8" $1.15 1 linear foot Intersection Stri in at 120 milsthick -Arrows LT. RT.&ST. $115.00 1 each Railroad Pavement Markin 120 mils thick -§LoR Bar 24" $3.50 1 linear foot Railroad Pavement Markin 120 mils thick -W ing Pavement Markin $2.00 1 - linear foot Railroad Pavement Markin 120 mils thick "R.R."Pavement Markin $100.00 1 each Bike Lane $175.00 1 each Yield S bol 18" Sharks Teeth $20.00 1 each Pavement Wording 120 mils -All Letters andtor Numbers $65.00 1 each Installation of Raised ReflectivePavement Markers Unit Title Price 3M 290-2-way 1-color"Dull size"T e M $2.75 1 each 3M 290-2-wa 1-color"Full size"jyj2e D $2.75 1 each 3M 290=1- a only"Full size"lype G $2.75 1 each 3M 290-2-wa 1-color"Full size"Type B6 $5M 1__ each SERIAL 210109-5 FRANKLIN STRIPING IN 3M 290-2-way 2-color"Full size" $2.75 1 1each Guardrail/Barrier Deline212r Reflec on ed -YELLOW $2.75 1 each Guardrail/Barrier Delineator Reflectorized -WHITE $2.75 1 each Ceramic Button 314"x 4" Non-Reflectorized -YELLOW $2.75 1 each Ceramic Button 1 "x 4" Non-Reflectorized WHITE $ :75 1 each Ceramic Button 314"x 4" Non-Reflectorized -BLACK $2.75 1 1 leach Raised Pavement Marker Recessin $10.00 1 1 leach Removal of Existing Pavement Mark in s Markem Unit Title Price Po Paint $0.50 1 linear foot Tape/Cold Plastic $0.50 1 linear foot Thermoplastic $0.50 1 linear foot Guardrail/Jersey Barrier Markers $1.50 1 each Arrows LT. RT.& T. $ 5,00 1 each Railroad Pavement Markin R.R. Pavement Marking $35.00 1 each Bike Lane mbol $ 5.00 1 each Pavement Wording-All letters and/or Numbers $20.00 1 each Raised Pavement Marker Removal $1.75 1 each Asphalt Slurry Type If-Obliterated Road Marking Sealant(MAG Section 460.2) $10.00 1 oars and Traffic Control Unit__ Title Price Qty Uo SIGNS-Large Sign 48"x 48'f2304 S . In. or Lar er $0.60 1 - gay-SIGNS-Medium Sign 36"x 36" 1296-2303 S . In.). $0.50 1 da SIGNS-Small Sign 24"x 24" 576-12 5 S . In. $0.40 1 da WARNING LIGHTS FLASHERS Tyj2e A Low lntens'y Flashing warning light 0 0 1 day WARNING LIGHTS FLASHERS -lype B High lntens' Flashing warning light $1.00 1 da WARNING LIGHTS(FLASHERS)-Type C Low Intensity Steady Bum warning li ht $0.20 1 dav WARNING LIGHTS(FLASHERS)-Type D 360 Degree Steady Bum warning light $0.30 1 day BARRICADES CONES MISCELLANEOUS-Type I Barricade Vertical Panel $0. 5 1 day BARRICADES CONES MISCELLANEOUS-Portable Sign Stand sprinq stand $1:50 1 day BARRICADES CONES MISCELLANEOUS=Traffic Cane Reflectorized 28 Inches $0.40 1 day BARRICADES CONES MISCELLANEOUS-Sand Bag 1.2 1 day BARRICADES CONES MISCELLANEOUS-Fla $130 1 day BARRICADES CONES MISCELLANEOUS-Arrow Boards $25.00 1 day BARRICADES CONES MISCELLANEOUS-Portable Variable Message Signs Three-Line $45.00 1 day PILOT CAR RENTAL WITH DRIVER $55.00 1 hour BARRICADE TRUCK RENTAL WITH DRIVER $55M 1 hour SERIAL 2101 n9-S FRANKLIN STRIPMG IN BARRICADE TRUCK MOUNTED ATTENUATOR WITH DRIVER $75.00 1 hour Fla er $40.00 1 hour Traffic Control Technician $ {.00 1 hour Traffic Sup2rvisor $45.00 1 hour PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES e a $1.50 1 each PURCHASE AND IN TALLATIONIREMOVAL OF SUPPLIES-1 Vila $1.50 1 each PURCHASE AND INSTALLATIONIRE OVAL OF SUPPLIES-Chip Seal $1.50 1 each MOBILIZATION AND DEMOBILIZATION(TRAVEL TIME -Zone 1 $125.00 1 dav MOBILIZATION AND DEMOBILIZATION(TRAVEL TIME -Zone 2 $170.00 1 da MOBILIZATION AND DEMOBILIZATION TION(TRAVEL TIME Zone 3 $220.00 1 day UnHbrfned Off-Duty Officers/Vehicle(Minimum 4 Hours) Title ular Overtime Pa Vehicle Hour!y Rate �69enSy Name $7&00 1 $25.00 Rumble Strips Unit Title Price UOfM Total Price Rumble Stri s-La out Re uired $ t7 00 1 linear foot___ $10.00 Rumble Strips-No La out Re ulre 10,00 1- linear foot $10.00 PRICING SHEET: NIGP CODE 63066,63166&91276 Terms. 2% 10 DAYS NET 30 DAYS Vendor Number VC0000008203 Certificates of Insurance Required Contract Period: To diver the Period ending January 31,2023. SERIAL 210109-S ATTACHMENT :AGREEMENT PAGE Respondent hereby certifies that respondent has read, understands, and agrees that acceptance by Maricopa County of the respondent's suffer will create a Finding contract.Respondent agrees to fully dimply with all terms and conditions as set forth in the Madcopa County Procurement Code, and amendments thereto, together with the specifications and other documentary forms herewith made a part of this specific agreement BY SIGNING THIS PACE, THE SUBMITTING RESPONDENT CERTIFIES THAT RESPONDENT HAS REVIEWED MARICOPA Ct UN 'S 'STANDARD TERMS AND CONDITIONS,* A COPY OF WHICH CAN BE FOUND AT htt :l� ' :n�ariots c�cvl�3c�cc�rer�tCetsterfl�ierl4 . Franklin Striping Inc. 86-0831 g 831405712 RESPONDENT(FIRM)SUBMITTING PROPOSAL FEDERAL TAX ID# DUNS# Randy Franklin-President PRINTED NAME AND TITLE AUTHORIZED SIGNATURE 2832 S.451h St. 480-898-118 N/A ADDRESS TELECNE# FAX# Phoenix AZ 85040 11/2412020 CITY STATE ZIP DATE franklinstri ing.com randy@franklinstjiping.com EMAIL MAR{COPA COUNTY,ARIZONA BY: January t�21 1HI;EMPAOCURE NT OFFICER, DATE OFFICE OF PROCUREMENT SERVICES APPROVED AS TO FORM: .t January 1 ,2821 DEPUTY COUNTY ATTORNEY DATE SERIAL 210109-S INSTALLATION OF PAINT STRIPES AND MARKINGS 1.0 INTENT 1.1 The intent of this Invitation for Bids is to establish a contract with one or more contractors for the installation of paint stripes and markings and the items specifically listed herein for use by the Madcopa County Department of Transportation(MCDOT). 1.1 Other governmental entities under agreement with Maricopa County(County) may have access to services provided hereunder(see also Sections 3.15 and 3.16 below). 1.2 The County reserves the right to add additional contractors,at the County's sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County's needs or to ensure adequate competition on any projector task order work. 1.3 County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items,by section or geographic area,or make multiple awards,where such action serves the County's best interest. 2.0 SP'ECiFICATIONS 2.1 The County has adopted the MCDOT Supplement(January 2020 or most recent edition) to Maricopa Association of Governments(MAC)Uniform Standard Specifications. 2.2 Contractor shall provide materials and installation as indicated, and as referenced in Exhibit 6 MCDOT 2020 Supplement to MAG Specifications and Details,for: 2.2.1 Paint Pavement Markings-Section 461 2.2.2 Thermoplastic Pavement Markings=Section 462 2. .3 Raised Pavement Markers-Section 463 2.3 PAiNT STRIPES AND MARKINGS .3.1 Contractor shall provide materials and installation for paint stripes and markings as required in MCDOT Supplement (January 2020 or most recent edition) to Maricopa Association of Governments(MAG)Uniform Standard Specification for Paint Pavement Markings,Section 461,with the fallowing exceptions: 2.3.1.1 The contractor shall apply types of paint that are water borne, to include 100 percent acrylic polymer emulsion (high build type) and cro slink polymer emulsion(plastic type)white and yellow dead and lead-free): .3.1.2 Contractor shall provide pricing on the Attachment D—Pricing Sheet for each type of paint and shall indicate the manufacturer's brand name and product code/series number. .4 THERMOPLASTIC STRIPES AND MARKINGS Contractor shall provide materials and installation of thermoplastic stripes and markings as required in MCDOT Supplement(January 2020 or most recent edition) to MAG Uniform Standard Specification for Thermoplastic Pavement Markings, Section 462, 2.5 RAISED PAVEMENT MARKERS 2.5.1 Contractor shall provide materials and installation of raised pavement markers as required in MCDOT Supplement(January 2020 or most recent edition) to MAG SERIAL 214109-S Uniform Standard Specification for Raised Pavement Markers, Section 463, with the following additions, 2.5.1.1 Contractor shall include the manufacturer's name and model number for each type of marker quoted in Attachment D=Pricing Sheet. 2.5.2 Rumble Strips .5.2.1 Contractor shall but groove transverse rumble strips such that they be ground to a depth of 318 inches every 12 inches,with 10-foot gap every 40 feet to allow bicyclists to cross the rumble pattern without dropping into the depressions(on roads that allow bicyclists). 2.5.2.2 Contractor shall use rumble strips (six-inch, eight-inch and twelve-inch widths)of the appropriate size for the roadway type and shoulder width (see Exhibit 8-ADOT Rumble Strife Specifications), 2.5.3 Reflective Pavement Markers 2.5.3.1 Reflective pavement markers (Section 463.2.02) shall be 3M 290 or equivalent. . .3.2 As per MCDOT requirements, contractor shall use reflective markers that are pressure sensitive adhesive or non-adhesive with an adhesive surface. The raised pavement marker shall be both wet and dry retro- reflective,impact resistant,abrasion resistant,water resistant,and have molded-in body colors,and may have application finger grips. Reflective }pavement markers shall be of the following types; 2.5.3.2.1 Type D Yellow,two-way .5.322 Type to Clear, one-way 2.5.323 Type H Yellow,one-way 2.5.324 Type BB duet two-way 2.5.3.3 Contractor shall use reflective pavement markers such that. 2.53.3A Reflective pavement markers are prismatic reflective consisting of a polycarbonate body and a polycarbonate lens with built-in micro-cube corners. 2.5.3.3.2 The lens shall have a protective hard coat. 2.5.3.3.3 The exterior surface of the melded body shall be smooth and shall contain one or two prismatic reflector faces of the color specified. 2.5.3.3.4 When illuminated by an automobile headlight, the color of the reflectors shall be an approved clear;yellow, red, blue or green as designated.Reflectors not meeting the required color may be rejected and contractor shall replace reflectors with reflectors of the required color. 2.5.33.5 The retro reflected color of the markers shall lie within the respective retro reflected color gamut coordinates, plotted on the 1931 CIE Chromaticity(x,y)diagram(see TABLE 1) when tested in accordance With American Society for Testing and Materials (ASTM) E811, using CIE Illuminant Source A and viewing conditions of 0.2 degree observation SERIAL 1010 - angle, zero degree entrance angle. The source and receptor angular apertures are each six minutes of arc. TABLE 1 WH YL RED GR BL Paint# x y x y x x Y x 1 310 4 .545 .424 .650 .330 .009 .733 .039 .320 2 453 440 .599 .439 .668 .33 i .288 .520 160 .320 3 500 .440 .609 .390 .734 .265 .209 .395 .160 240 4 500 .380 1 .597 .390 .721 a259 .012 .494 183 218 .440 .380 6 31a 283 2.5.3.3.6 Permanent reflective pavement markers will be tested for compressive strength, abrasion resistance, and specific intensity; Permanent reflective pavement markers shall have a thin un-tempered glass or father abrasion material bonded to the prismatic reflector face to provide an extremely hard and durable, abrasive resistant reflector surface. 2.5.3.3.7 The area covered by the Mass, or other abrasion resistant surface, shall not be less than three square inches. 2.5.3.3.8 The original specific intensity of each reflecting surface for both temporary and permanent reflective markers shall not be less than the following: 2.5.33.8.1 To be measured in accordance with AT E809. The photometric quantity to be measured is the coefficient of retro reflected luminous intensity,expressed as millicandelas per lux (mcdllx). One candela per lux equals 19.76 candelas per foot-candle. 2,5.3.3.9 Permanent reflective pavement markers shall be subject to an abrasion resistance test as follows: 2.5.3. .9.1 Subject the entire lens surface to the test described in ASTM D- 80-04, Section 9.5, using a sand drop apparatus, After the exposure described, the retroreflected values shall not be less then 0,5 times the values listed in the specific intensity table (see TABLE 2 below). 2.5.3.3.9.2 The raised pavement marker shall comply with the initial minimum brightness requirements in TABLE 2(below)after conditioning for 12 hours at 145 degrees F+l-5°F(52.re+1. :50 ), 2.5.3.3.9.3 The body of the raised pavement marker displays no cracking or breakage when tested according to ASTM D2444 Tup A,using a 1000 gm weight from a height of one meter. The marker is positioned in such a gay that the Tup strikes the top of the marker.The marker lens displays no cracking inside the impact area when tested according to ASTM 02444 Tup A, SERIAL 21 09- using a 100 gm weight from a height of one meter. The marker is placed in a steel fixture designed to hold the marker leas horizontal and positioned such that the Tp strikes the center of the lens. TABLE 2 Specific Intensity TabI2 Entrance Angle 0 degrees +1-20 degrees 0 degrees Observation Angle .2 degrees .2 degrees Minimum Coefficient Color medilx edlftcd mcdflx cdifted White 279 3.00 112 1.20 Yellow./Amber 167 1.80 67 0.72_ Red 70 U5 28 0.30 Blue 26 0.28 10 0.11_ _ Green 93 1.00 37 0.40 2:5.4 Construction Requirements .5.4.1 Contractor shall ensure that the portion of the highway to which the raised pavement markers are to be attached shall be free of dirt, curing compound,grease, oil,moisture, loose or unsound layers and any other material which could adversely affect the bond of the adhesive: In addition,the pavement must be clean and dry,therefore,contractor shall ensure that adhesive is not applied within 24 hours of rainfall prior to application. The method of cleaning the pavement surface and removal of detrimental material is subject to approval by the engineer and shall include sweeping and the use of high-pressure air spray. 2.5.4.2 Contractor may apply pressure sensitive adhesive raised pavement markers to new paved asphalt surfaces immediately following the final compaction of the asphalt surface by the finishing roller, however contractor shall use caution to prevent embedment of raised pavement markers into the fresh,soft asphalt that would limit the visibility of the lens face.Embedment into the fresh asphalt surface should be limited to the thickness of the pressure sensitive adhesive pad. .5.4.3 Contractor shall not place markers on asphalt that is showing signs of deterioration,cracking or failure. Z5.4A Contractor shall have the curing compound removed prior to application of the pressure sensitive raised pavement marker on new concrete surfaces that have been open to traffic for less than 90 days.The curing compound may be removed by sandblasting, or other methods such as hydra-blasting or grinding as approved by the engineer; 2.5.4.5 Contractor small ensure that chip seal surfaces are swept of excess aggregate and have been open to traffic for 30 days prior to installation of the markers.Markers should not be installed on chip seal surfaces with large; void spaces and/or loose aggregate with a weak bond to the underlying road surface. 2.5.4.6 Contractor shall ensure that slurry seal and fog seal surfaces are allowed to completely cool and cure,In general,24 hours is sufficient time to allow SERIAL 210109-S placement of the markers. Excess sand applied to soak up surface emulsions must be swept clean prior to installation of the markers. 2.5.4.7 When installation involves a separate adhesive product, the contractor shall place the adhesive uniformly on the cleaned pavement surface in an amount sufficient to result in complete coverage of the area of contact of the markers, with no voids present and with slight excess after the markers have been placed,The markers shall be placed in position and pressure applied until firm contact is made with the pavement. The markers shall be protected against impact until the adhesive has set to the degree acceptable to the engineer. 2.5.4.8- Contractor shall immediately remove excess adhesive on the pavement and on the exposed surfaces of the markers. Contractor shall not use thinners or solvents which may be detrimental to either the markers or the bond provided by the adhesive in removing excess adhesive. 2.5.4.9 Contractors shall not install markers when the temperature of the pavement surface or the atmosphere is less than 600F,when the relative humidity is 80 percent or higher or when the pavement is not dry. Contractor shall not apply markers within 24 hours of rainfall prier to application. 2.5.4.10 Contractors shall install all markers to the line approved by the engineer and in such a manner that the reflective face of the markers is perpendicular to a line parallel to the roadway centerline. No raised pavement markers shall be installed over longitudinal or traverse joints or seams of the pavement surface. No raised pavement markers shall be installed over existing pavement markings such as paint, thermoplastic, or preformed tapes, 2.6 PAVEMENT MARKING REMOVAL Contractor shall remove all conflicting pavement markings;in conformance with hazardous waste disposal regulations,to include raisers pavement markers,chip seal tabs,pavement tape, barrier/guardrail markers, and any other necessary traffic control devices deemed necessary by the engineers All pavement markings shall be recovered from the roadway by vacuum method. Removed pavement markers and debris resulting from the removed markings shall be collected and disposed by the contractor. 2.6.1 Approved Methods for Water Borne Traffic Paint .6.1.1 Water blasting 2.6.1.2 Steel shot method(turbo-blaster) 2.6.1.3 Asphaltic overlay: The asphalt overlay thickness and dimensions shall meet the County specifications 2.6.2 Approved Methods for the Removal of Raised Pavement Markers .5.2.1 Hammer/chisel method 2.6.2.2 Blade use of heavy-duty equipment 2.6.3 Contractor shall repair,by methods acceptable to the engineer,any damage to the pavement caused by pavement marking removal. When contractor uses asphalt slurry to repair damage to the pavement caused by pavement marking removal or the obliteration of the marks remaining after the markings have been removed, SERIAL 210109-S contractor shall place the asphalt slurry parallel to the new direction of travel and shall not be less than two feet in width. 2.7 PAVEMENT PREPARATION 2.7.1 It shall be the contractor's responsibility to determine what type of pavement markings currently exists on the project to be done and determine the appropriate method of removal.The final decision for the method of removal must be approved by the Engineer first. 2.7.2 Contractor shall repair, by methods acceptable to the engineer, any damage to the pavement caused by pavement marking removal. When contractor uses asphalt slurry seal to repair damage to the pavement caused by pavement marking removal or the obliteration of the marks remaining after the markings have been removed, contractor shall place the asphalt slurry parallel to the new direction of travel and shall not be less than two feet in width. 2.7.3 It will be the contractor's responsibility to prepare the roadway surface for the installation of striping and raised pavement markers.Contractor shall cover up all raised pavement markers when slurry seal and fog seal is used.This may include sweepinglbrooming,(manually or by machine);blading(removing mud or dirt),and any other cleaning of the road-way surface to ensure proper installation of striping and markers. (Example: removal of oil,grease.) 2.7.4 Contractors shall not use of self-adhesive markers. .7�5 Contractors will be given a Notice to Proceed for each project: At the time of notification,the contractor shall inform the MCDOT representative of an estimated project start date and proposed project end date along with a schedule as to when the work will be completed. 2.7.5 Contractor will be responsible for their portable traffic control and should comply with Manual on Uniform Traffic Control Devices and Federal Highway Administration regulations. 2.8 TEMPORARY TRAFFIC CONTROL_ 2.8.1 Contractor shall be solely responsible for providing personnel and equipment for temporary traffic control during scheduled MCDOT construction/maintenance projects, in accordance with the MCDOT MACS Supplement Section 411: 2.8.2 Scheduled Work Description:.Contractor shall provide traffic control and barricade service while working on MCDOT rights-of-way.Contractor shall furnish equipment and labor on an as needed basis. Contractor shall furnish all labor, materials, services, insurance, and equipment necessary for the delivery, placement, maintenance, and removal of barricade equipment, as well as labor for flagging traffic-control purposes. .8.3 All traffic control plans shall be governed by the Manual on Uniform Traffic Control Devices or Uniform Standard Specifications and Details for Public Works Construction Section 401 Traffic Control, Z8.4 Contractor shall be responsible for the preparation of specific traffic plans and typical traffic control plans which may be utilized as requested by MCDOT.Traffic control plans shall be submitted to MCDOT Traffic Operations for review and approval in advance of commencing work. 2.&5 Traffic Control Technicians shall be American Traffic Safety Services Association (ATSSA)certified. SERIAL 210109-S 2.8.6 Contractor shall only utilize ftaggers certified flaggers. 2.8.6.1 Flagcgers can be certified by ATSSA, the International Municipal Signal Association (IMSA); or by the Local Technical Assistance Program (LTAP). 2.8,62 Flaggersllaborers must be able to converse in the English language and shall be authorized by the contractor to receive and carry out directives issued by MCDOT Field Supervisor, 2.8.7 Contractor shall have an off-duty officer present during any setup which will restrict traffic flow more than one hour while working within 300 feet of a signalized intersection. 2:8.8 Contractors shall net restrict access to fire stations, hospitals, sherimpolice stations, or any public schools. 2.9 FI,..IEL COST PRICE ADJUSTMENT 2.9.1 This prevision provides for limited increased or decreased costs of motor fuels (fuels)used to perform services under this contract.This provision does not apply to burner fuel(i.e.propane,natural gas,fuel oil, used motor oil). It applies to motor fuel only.Fuel cost adjustments may be either positive or negative.A positive fuel cost adjustment will result in an increase in payments to contractorwhile a negative fuel cost adjustment will result in a decrease in payments to contractor. 2.9.2 This prevision is intended to minimize risk to birth parties to this contract due to fuel cost fluctuations that may occur during the term of this contract.This provision is not designed to estimate actual quantities of fuel used in providing services under this contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 2.9.3 Application of this provision will came into effect upon contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increases cost of fuel, established as a percentage of total contract price (bane fuel cast) upon award of this contract, exceeds 16 percent of the base fuel cost. The contractor may request a fuel surcharge no more than four times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the 1011 of the month.Any surcharge shall be effective the first of the following month after receipt and approval.The date of County approval of a fuel cost adjustment request shall become the base date for any future contractor adjustment requests. 2.9.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents(e.g,,fuel cost equals 16 percent of contractor cost)(see also, Attachment A, Vendor Information).This percentage will represent and establish the base fuel cost for this contract.The base fuel cost shall be established as the due date for submission of proposals for this contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a contractor's request for fuel cost adjustment(e.g.if fuel cost adjustment is approved by County on January 1, 2006, January 1,2006 becomes base date for any next contractor request for adjustment). 2.M Fuel Cast Application Requirement. The contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this contract,from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost SERIAL 1010 -S adjustment application must be completed with all applicable data and signed by the contractor. Z9.5 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADD5) Diesel (On-Highway)-All Types or reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration(EIA) ebslte:htt .lp 1 w,eia.doe. 2.9.7 The computation of the fuel surcharge amount shall be determined as follows: 2.9.7.1 The fuel cast component from Attachment A(Vendor Information)of the contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 2.9.7.2 Upon agreement by the County to the surcharge,the County shall issue written approval of the change prior to any adjusted invoicing submitted for payments 2.9_7.3 The surcharge shall be adders as a separate line item to the invoice. 3.0 PURCHASING REQUIREMENTS 3.1 DELIVERY 3.1.1 Delivery is desired as soon as possible, and details shall be stipulated on the purchase order. Contractor shall notify the County representative listed on the order if the requested delivery date and/or the anticipated lead time cannot be met. Failure to communicate to County changes in the order status may result in default proceedings. &1.2 Supplies or equipment shall be delivered between the hours of 7:00 a.m,and 4.-00 p.m.MST,Monday through Friday,except on County recognized holidays. 3.1.3 Delivery shall be F.O.B. Destination Freight Prepaid. 3.2 SHIPPING DOCUMENTS A packing list or other suitable shipping document shall accompany each shipment and shall include the following; 3.3.1 Contract serial number 3.3.2 Contractor's name and address 3.3.3 Department name and address 3.3.4 Department purchase order number .3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s),as applicable 3.3 SHIPPING TERMS Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s) stipulated on the purchase order.All delivery locations are within Maricopa County. SERIAL 2101 9- 3,4 SAMPLES Contractor may be requested to furnish samples of material(s)bid to allow for examination by the County.Any materials so requested shall be furnished within 10 working days from the date of request and furnished at no cost to the County and sent to the address designated in the requesting correspondence.Samples become the property of the County upon receipt. .5 TESTING Unless otherwise specified,services and related materials purchased will be inspected by the department to ensure they meet the quality and quantity requirements of the specifications. When applicable and deemed necessary by the County, samples of the materials may be takers at random from stock received for submission to a commercial laboratory or ether appropriate agency for analysis and tests to determine whether the materials conform in all respects to the specifications In cases where commercial laboratory reports determine that the materials do not meet the specifications;the expense of such analysis shall be borme by the contractor. .6 ACCEPTANCE Upon completion,services shall be deemed accepted and the warranty period shall begin. Successful service delivery shall be defined as a) matenal(s)Jequipent is installed (as necessary) and fully operational; and b) the department has deemed all service/work completed, including but not limited to any inspection, repair, installation, design, development, deployment, operation; and initial training, (as applicable). Additionally, all documentation shall be completed prior to final acceptance. 3.7 WARRANTY 3.7.1 All services furnished under this contract shall conform to the requirements of this contract: 3.7.2 Service and/or Repair Warranty 3.7.2.1 The warranty shall cover all parts and labor for a period of one year from formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. 3.7.2.2 Contractor shall indicate on the price sheet the duration of the warranty and any applicable limitations or conditions which may apply. 3.7.2.3 Contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty.Contractor shall guarantee the services to be supplied comply with all applicable regulations. 3.8 USAGE REPORT Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the contract,The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. SERIAL 101 -5 3.9 BACKGROUND CHECK Bidders/proposers need to be aware that they may be required to pass multiple background checks(e.g. Sheriffs Office, County Attorney's Office, Courts;as well as County general government)to determine if the respondent is acceptable to do business with the County, This applies to(but is not limited to)the company,subcontractors,and employees 3.10 INVOICES AND PAYMENT 3.10.1 Contractor shall submit one legible copy of their detailed invoice before payment($) will be made. Incomplete invoices will not be processed.At a minimum,the invoice must provide the following information. Company name,address, and contact information County bill-to name and contact information Contract serial number County purchase order number Invoice number and date Payment terms Cate of service or delivery Quantity(e.g:,number of days or weeks) Contract item number(s) Arrival time and completion time(if applicable) Description of purchase(product or services) Pricing per unit of purchase Extended price(by line item) Total amount due .10.2 Commodities must be billed as a separate line item. 3.10.3 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order: 3.10A Payment shall only be made to the contractor by Accounts Payable through the aricopa County Vendor Express Payment Program.This is an Electronic Funds Transfer (EFT) process. After contract award, the contractor shall complete the Vendor Registration Form accessible through the County department of Finance Vendor Registration website at hftps://www.maric;ooa.aov/5169Nendor- InformaVion. 3.10.5 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.10.E EFT payments to the routing and account numbers designated by the contractor shall include the details can the specific invoices that the payment covers. Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details 3.11 APPLICABLE TAXES 3.11.1 It is the responsibility of the contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 3.11.2 The County will look at the price or offer submitted and will not deduct,add,or alter pricing based on speculation or application of any taxes„nor will the County provide contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting SERIAL 210109-S your bid. You may also find information at hftps:L/www.azdor.gov/Business.asi)x. Once your bid is submitted,the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds over payment of a project due to tax consideration that was not due,the contractor will be liable to the County for that amount:and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 3.11�3 Tax Indemnification:Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to their operation and any persons employed by the contractor. Contractor shall, and require all subcontractors to, hold the County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any ether costs including; transaction privilege taxes, unemployment compensation insurance,Social Security,and Workers'Co pensation.Contractor may be required to establish;to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest): 3.12 PERFORMANCE It shall be the contractor's responsibility to meet the proposed performance requirements. The County reserves the right to obtain services on the open market in the event the contractor fails to perform, and any price differential will be charged against the contractor. 3.13 POST AWARD MEETING Contractor may be required to attend a post-award meeting with the department to discuss the terms,conditions and compliance of this contract.This meeting will be coordinated by the procurement officer of the contract. 3.14 STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES(SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities,and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation,a member of SAVE may access a contract resulting from a solicitation issued by the County. If contractor does not want to grant such access to a member of SAVE, state so in the bid. In the absence of a statement to the contrary,the County will assume that contractor does wish to grant access to any contract that may result from this bid.The County assumes no responsibility for any purchases by using entities. 3.15 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS(ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non- County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. SERIAL 1010 -S 4.0 CONTRACTUAL TERMS & CONDITIONS 4.1 CONTRACT TERM This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a term of one year. 4.2 OPTION TO RENEW The County may,at its option and with the concurrence of the contractor, renew the term of this contract up to a maximum of five additional year(s), (ter at the C ounty's sale discretion,extend the contract on a month-to-month basis for a maximum of six months after expiration). Contractor shall be notified in writing by the Office of Procurement Services of the County's intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 4.3 CONTRACT COMPLETION In preparation for contract completion,the contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition.The transition includes the transfer of all records and other data in the possession,custody,or control of the contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The previsions of this clause shall survive the expiration or termination of this agreement. 44 PRICE ADJUSTMENTS 4.4.1 Any requests for reasonable price adjustments must be submitted 60 calendar days prior to the contract expiration, Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation, The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County will issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. 4.5 INDEMNIFICATION 4.5.1 To the fullest extent permitter) by law, and to the extent that claims, damages, losses; or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner),Its agents,representatives,officers,directors,officials,and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys" fees; court costs, expert witness fees, and the costs and attorneys#fees for appellate proceedings)arising out of,or alleged to have resulted from,the negligent acts,errors,omissions,or mistakes relating to the performance of this contract. 4.5.2 Contractoes duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim,damage,loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to; impairment of, or destruction of tangible property; including loss of use resulting therefrom, caused by negligent acts,errors,omissions,or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor; anyone directly or indirectly employed by them, or anyone for SERIAL 210109-S whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder, 4.5.3 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 section. .5.4 The scope of this indemnification dries not extend to the sale negligence of County. 4.6 INSURANCE 4.6.1 Contractor, at contractor's own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc.category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies;which are authorized to do business in the State of Arizona,provided that said insurance companies meet the approval of County: The form of any insurance policies and farms must be acceptable to County. 4.6,2 All insurance required herein shall be maintained in full farce and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County,constitute a material breach of this contract: 4.6.3 In the event that the insurance required is written on a claims-made basis, contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 4.6.4 Contractor's insurance will be primary insurance as respects County; and any insurance or self-insurance maintained by County will not contribute to it. 4.6.5 Any failure to comply with the claim reporting previsions of the insurance policies or any breach of an insurance policy warranty shall not affect the County's right to coverage afforded under the insurance policies. 4.6.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, 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. 4.6.7 The insurance policies required by this contract, except Workers` Compensation and Errors and Omissions;shall name County,its agents,representatives,officers, directors,officials, and employees,as additional insureds. 4.6.8 The policies required hereunder, except Workers'Compensation and Errors and emission , shall contain a waiver of transfer of rights of recovery(subrogation) against County, its agents; representatives, officers, directors, officials, and employees for any claims arising out of contractor's work or service. 4.6.9 If available,the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilizer/ to meet insurance SERIAL 210109- requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella insurance covers. 4.6.9.1 Commercial General Liability Commercial General Liability(CGL)insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations aggregate, and $4,000,000 general Aggregate Limit. The policy shall include coverage for premises liability;bodily injury,broad form property damage,personal injury,products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third-party action over claims. Where shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.6.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the contractor's owned, hired,and non-owned vehicles assigned to or used in performance of the contractor's work or services or use or maintenance of the premises under this contract: 4.6.9.3 Workers'Compensation 4.6.9.11 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 under this contract; and Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 4.6,9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents;officers,directors, and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or Commercial Umbrella Liability insurance obtained by contractor, its subcontractors, and its sub- subcontractors pursuant to this contract. 4.6 9.4 Errors and Omissions/Professional Liability Insurance Errors and Omissions (Professional Liability) insurance which will insure and provide coverage for errors or omissions or professional liability of the contractor,with limits of no less than $2,000,000 for each claim. 4.6.9.5 Certificates of Insurance 4.6.9. .1 Prior to Contract award,contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the contract in the form provided by the County, issued by contractor's insurer(s), as evidence that policies providing the required coverage, conditions; and limits required by this contract are in full force and effect.Such certificates shall identify this contract number and title. SERIAL 10109-S 4.6 g 5:2 In the went any insurance policy(ies)required by this contract is(are)written on a claims-made basis,coverage shall extend for two years past completion and acceptance of contractor's work or services and as evidenced by annual Certificates of insurance. 4.6.9.5.3 If a policy does expire during the life of the contract,a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 4.&9.6 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract; contractor's insurance shall not be permitted to expire,be suspended,be canceled,or be materially changed for any reason without 30 calendar days prier written notice to Maricopa County. Contractor must provide notice to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended,canceled,materially changed for any reason, has expired,or will be expiring.Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue, Phoenix,AZ 85003,or e ailed to the procurement officer noted in the solicitation. 4.7 FORCE MAJEURE 4.7.1 Neither party shall be liable for failure of performance,nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract,if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include acts of God/nature (including fire,flood,earthquake,storm, hurricane,or other natural disaster),war, invasion, act of foreign enemies, hostilities(whether war is declared or not), civil war; riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction; lockout, blockage,embargo,labor dispute;strike,and interruption or failure of electricity or telecommunication service. 4.7.2 Each as applicable,:shall give the other panty notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove,as soon as practicable,the cause of its inability to perform or comply. 4.7.3 The party asserting Farce Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events,that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated: 4.8 ORDERING AUTHORiT Any request for purchase shall be accompanied by a valid purchase Girder issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. SERIAL 210109-S 4.9 AVAILABILITY OF FUNDS 4.9.1 The provisions of this contract relating to payment shall become effective when funds assigned for the purpose of compensating the contractor as herein provided are actually available to County for disbursement. The County will be the sole judge and authority in determining the availability of funds under this contract. County will keep the contractor fully informed as to the availability of funds. 4.9.2 If any action is taken by any State agency, Federal department, or any other agency or instrumentality to suspend,decrease,or terminate its fiscal obligations under,or in connection with,this contract,County may amend,suspend,decrease, or terminate its obligations under,or in connection with,this contract. In the event of termination,County will be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County will give written notice of the effective date of any suspension, amendment, or termination under this section,at least 10 days in advance: 4.10 PROCUREMENT CARD ORDERING CAPABILITY County may rapt to use a procurement card (VISA or Mastercard) to make payment for orders under this contract. 4.11 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.12 PURCHASE ORDERS 4.12.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance: Should a purchase order be canceled; the County agrees to reimburse the contractor for actual and documentable costs incurred by the contractor in response to the purchase order, The County will not reimburse the contractor for any costs incurred after receipt of County notice of cancellation,or for lost profits,or for shipment of product prior to issuance of purchase order. 4.12.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.13 SUSPENSION OF WORK The procurement officer may order the contractor,in writing,to suspend,delay,or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension,delay,or interruption to the extent that performance would have been so suspended,delayed,or interrupted by any other cause, including the fault or negligence of the contractor. No request for adjustment under this clause shall be granted unless the claim,in an amount stated,is asserted in writing as soon as practicable after the termination of the suspension,delay,or interruption,but not later than the date of final payment under the contract. 4.14 STOP WORK ORDER 4.14.1 The procurement officer may,at anytime,by written order to the contractor,require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the contractor, and for SERIAL 1010 - any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause.Capon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the contractor,or within any extension of that period to which the parties shall have agreed,the procurement officer shall either: 4,14.2 cancel the stop work ruder; or 4.14.3 terminate the work covered by the order as provided in the Temaination for Default or the Termination for Convenience clause of this contract: 4.14.4 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the contractor demonstrates that the stop work order resulted in an increase in costs to the contractor. 4.15 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the contractor. 4.15 TERMINATION FOR DEFAULT 4,1 .1 The County may, by written Notice of Default to the contractor, terminate this contract in whole or in part if the contractor fails to. 4.16.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension, 4.16.1.2 make progress, so as to endanger performance of this contract,or 4.16.1.3 perform any of the other provisions of this contract. 4.15.2 The County's right to terminate this contract under these subparagraphs may be exercised if the contractor does not cure such failure within 10 business days(or more if authorized in writing by the County)after receipt of a Notice to Cure from the procurement officer specifying the failure: 4.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to Arizona Revises! Statute (A.R.S.)§ 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating; negotiating, securing,drafting,or creating the contract on behalf of the County is at any time,while the contract or any extension of the contract is in effect, an employee or agent of any ether party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract.Additionally, pursuant to A.R.S.§33-511,the County may recoup any fee or commission paid or due to any person significantly involved in initiating,negotiating,securing,drafting,or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. 4.15 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity,the County may offset from any money due to the contractor any amounts contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. SERIAL 210109-S .19 SUBCONTRACTING 4.19.1 Contractor may not assign to another contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County.All correspondence authorizing subcontracting must reference the hid serial number and identify the job or project. 4.19.2 The subcontractor's rate for the job shall not exceed that of the prime contractor's rate;as bid in the pricing section, unless the prime contractor is willing to absorb any higher rates.The subcontractor's invoice shall be invoiced directly to the prime contractor,who in turn shall pass-through the costs to the County, without ark- up.A copy of the subcontractor's invoice must accompany the prime contractor's invoice: 4.20 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by bath parties. Mancopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County, 4.21 ADDITIONS/DELETIONS OF SERVICES The County reserves the right to add and/or delete services to a contract. If additional services are required from a contract,prides for such additions will be negotiated between the contractor and the County. 4.22 RIGHTS IN DATA 4.22.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation.Each party shall supply to the other party,upon request,any available information that is relevant to a contract and to the performance thereunder, 4. 2.2 Data,records,reports,and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 4.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 4.23.1 In accordance with Section MCI-374 of the Maricopa County Procurement Code, the contractor agrees to retain (physical or digital copies of) all books, records, accounts,statements,reports,fifes,and tither records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions which could be more than six years,whichever is latest.The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine,copy,and make use of,any and all said materials. 4.23.2 If the contractor's boobs, records, accounts; statements, reports,files, and rather records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided,the contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL 1 109-S 4,24 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cast, the County shall notify the contractor in writing of the disallowance. The course of action to address the disallowance small be at sale discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check,or a deduction from current invoices submitted by the contractor equal to the amount of the disallowance,or to require reimbursement forthwith of the disallowed amount by the contractor by issuing a check payable to Madcopa County. 4.25 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract, 4.26 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other prevision of the contract. 4.27 SEVERABILITY The removal,in whole or in part,of any provision of this contract shall not void or affect the validity of any other provision of this contract. 4.28 RELATIONSHIPS 4:28,1 In the performance of the services described herein,the contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent; or joint venture between the County and the contractor. 4.28.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by County. 4�29 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flaw down of all provisions and requirements to any subcontractors. Executive Order 009-09 supersedes Executive Carder 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. Curing the performance of this contract, contractor shall not discriminate against any employee;client,or any other individual in anyway because of that person's age,race, creed, color, religion, sex, disability,or national origin. (Arizona Executive Order 2009-09 can be downloaded from the Arizona Memory Project at htto:!lazmemM.azlibrarv.covlcdnVsinoleitem/Cottection/execorder lid/ 80/rec/l ) 4.39 WRITTEN CERTIFICATION PURSUANT to A.R.S.; 5-393.01 If vendor engages in for-profit activity and has 10 or more employees,and if this agreement has a value of$100,000 or more,vendor certifies it is not currently engaged in,and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 Ux .C. §4842 or a regulation issued pursuant to 50 U.S.C. §4842. SERIAL 210109-5 4.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION .31.1 The undersigned (authorized official signing on behalf of the contractor) certifies to the best of his or her knowledge and belief that the contractor,its current officers, and directors. 4.31.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any united States department or agency or any state,or local jurisdiction, 4.31.12 have not within a three-year period preceding this contract: 4.31.1.2,1 been convicted of fraud or any criminal offense in connection with obtaining,attempting to obtain, or as the result of performing a government entity(Federal, State or local)transaction or contract; 4.31:1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract, 4.31.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity-public (Federal, State or local) transaction or contract; 4.31.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction,and 4.31.1:r have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 4. 1.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.31.3 Contractor shall include, without modification, this clause in all lower tier covered transactions(i,e.transactions with subcontractors)and in all solicitations for lower tier covered transactions related to this contract: If this clause is applicable to a subcontractor,the contractor shall include the information required by this clause with their bid. 4.32 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 4.32.1 By entering into the contract, the contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S.§2 -21 (A):Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract:Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms(1.9) as required by the Immigration Reform and Control Act of SERIAL 210109-S 1930, as amended from time to time,for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a regard of the verification for the duration of the employee's employment or at least three years, whichever is longer. 1-9 forms are available for download at www.uscis.goy. 4.32.2 The County retains the legal right to inspect documents of contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 4.3 ,1 of this section. Contractor and subcontractor shall be given reasonable notice of the County's intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the contractor or any of its subcontractors are not in compliance,the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default,and suspension and/or debarment of the contractor.All costs necessary to verify compliance are the responsibility of the contractor 4.33 CONTRACTOR LICENSE REQUIREMENT 4.33.1 Contractor shall procure all permits,insurance,and licenses,and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non- governmental entities as mandated to maintain compliance with and remain in good standing. Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws; ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of procurement Services and the department of any and all changes concerning permits, insurance,or licenses, 4.312 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required.Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors; Chief of Licensing,to ascertain licensing requirements for a particular contract.Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract: 4.34 INFLUENCE 4.34.1 As prescribed in MCI-1203 of the Maricopa County procurement Code,any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 4.34.2 An attempt to influence includes, but is not limited to: 4.34.2.1 A person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, gamer favorable treatment, or gain favorable consideration of any kind; 4.34.3 if a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer,or his designee,reserves the right to seek any remedy provided by the Maricopa County procurement Code,any remedy in equity or in the law,or any remedy provided by this contract. SERIAL 210109-S 4.34A ABSOLUTELY Na CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 4.35 CONFIDENTIALITY In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a bid to the solicitation,the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees s will communicate,divulge,or disseminate to any third-party persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third-party in preparing a response to this solicitation, it shall require the third-party to acknowledge and comply with this provision. 4.36 CONFIDENTIAL INFORMATION 4.36.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the contractor's obligation regarding such information: 43&2 Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from ethers in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except a required to efficiently perform duties under the contract. Contractor's procedures and controls,at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate,the contractor shall institute any new and/or additional measures requested by the County within 16 business days of the written request to do so: 4.36.3 Any requests to the contractor for County proprietary or confidential information shall be referred to the County for review and approval,prior to any dissemination. 4. 7 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and roust be retained by the records manager at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricoa County Procurement Code. SERIAL 210109-S 4.38 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements,whether oral or written, expressed,or implied, 4.39 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract,the contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter 11, Part 200—UNIFORMADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL .AWARDS contained in Title 2 C.F.R.§20.E of seg. ,40 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona.Venue for any actions or lawsuits involving this contract will be in Mancopa County Superior Court, Phoenix, Arizona. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 21-210 Sponsor:Janine Solley Agenda Date:5/4/2021 Index: In Control: City Council Meeting Consideration of approval of Professional Services Agreement with the Apache Junction Chamber of Commerce for the operation of a Local Visitor Information Center for a term of three years, July 1, 2021 through June 30, 2024, in the total amount of$155,831.00 with an option to extend the agreement up to two additional periods. City of Apache Junction,Arizona Page 1 Printed on 412812021 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER This Agreement is made as of the day of 20 (the "Effective Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party", for professional operational services of a local visitor information center. RECITALS A. City desires to retain a consultant to operate a local visitor information center and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The services offered by Consultant are exempt from Article 3-7: Procurement Procedure, § 3-7-7 travel and tourism center or marketing efforts. C. The Parties last entered into an agreement for professional services from July 1, 2020 through June 30, 2021 for the sum of$48,000.00. D. The Parties set forth below contemplated services Consultant will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in the Scope of Work in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed $155,831.00, in accordance with the Fee and Quarterly Reporting Schedule set forth in Exhibit B. If the Parties exercise their extension options in Section 4 below, the amount for each year shall be $56,154.00 for FY24/25 and $58,400.00 for FY25/26. 1 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: The term of this Agreement is July 1, 2021 through June 30, 2024. Following the initial term, the Parties may agree to extend this agreement up to two (2) additional one-year automatic periods. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant commits in the performance of this Agreement. 7. NOTICES: All notices to the a 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: If to City: City of Apache Junction Bryant Powell, City Manager 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: Apache Junction Chamber of Commerce Denise Hart, President/CEO 567 West Apache Trail PO Box 1747 Apache Junction, AZ 85117-1147 8. INSURANCE: Consultant, 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. 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. Consultant's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. 2 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. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant 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 Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Consultant shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent 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. 3 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, or the equivalent thereof, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant'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 Consultant's Commercial General Liability insurance. Automobile Liability Consultant 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 Consultant's owned, hired, and non-owned vehicles assigned to or used in performance of Consultant's work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent 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 Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant'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, Consultant certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." 4 If Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Consultant's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: 5 "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. 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. 10. 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 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 Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. 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 6 Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement or any extension may be terminated by either Party for any reason upon one hundred twenty (120) days written notice. If this Agreement or any extension is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant 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 Consultant, its agents, employees, or any tier of Consultant's subconsultant in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subconsultants in the performance of this Agreement or any subcontract, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Consultant or its subconsultant in the performance of this Agreement or any subcontract. Consultant 's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant 's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant , any tier of Consultant 's subconsultant or any other person for whose acts, errors, mistakes, omissions, Work or services 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 scope of the indemnity in this paragraph. 13. TAXES: Consultant shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for services provided by Consultant which are legally enacted at the time the obligations under this Agreement are performed. 14. PERMITS & FEES: Unless otherwise provided in this Agreement, Consultant shall secure and pay for all applicable permits, government fees, licenses and inspections necessary for the proper execution and completion of services which are customarily secured after execution of the Agreement. Consultant shall give all notices and comply with all laws, ordinances, rules, 7 regulations and lawful orders of any public authority bearing on the performance of the obligations. Consultant represents and warrants that any license necessary to perform the services under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Consultant also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by all applicable laws. If there are taxable activities, a business license shall be converted to a transaction privilege tax license by the Consultant through the City of Apache Junction City Clerk's Office. Further, Consultant agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 15. RECORDS: Records of Consultant'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. Consultant 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. 16. 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. 17. INDEPENDENT CONTRACTOR: City and Consultant agree and understand that the relationship between both Parties is that of an independent contractor. 18. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant 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. 19. COMPLIANCE WITH FEDERAL AND STATE LAWS: Consultant 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, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant uses any subcontractors in performance of 8 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. Consultant 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. Consultant shall not be deemed in material breach of this Agreement if the Consultant 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 Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Consultant 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. 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, 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. 9 22. SUCCESSORS ASSIGNMENT & DELEGATION: City and Consultant 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 this Agreement. Neither Party to the Agreement shall assign the Agreement or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Consultant assign any monies due or to become due to it without the previous written consent of City. 23. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 24. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 25. PROHIBITION TO CONTRACT WITH CONSULTANTS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Consultants who engage in boycotts of the State of Israel. Should Consultant under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 26. 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. 27. POLITICAL ACTIVITIES: As a service-based company, Consultant is a non-political organization. Consultant's employees are prohibited from engaging in any partisan political activity with respect to candidates for local political office beyond the private expression of personal opinion, registering as a member of a political party, circulating and signing nomination petitions, soliciting any contributions in cash or services to support a candidate, 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 employees to support any candidate for local 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 engages 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. In this section, "local 10 political office" means the Mayor and Council offices for the City of Apache Junction. IN WITNESS WHEREOF, Consultant and City have executed this Agreement as of the date first set forth above. CONSULTANT: APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation By: Denise Hart Its: President/CEO CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter"Chip" Wilson Its: Mayor ATTEST Jennifer Pena, City Clerk APPROVED AS TO FORM: R. Joel Stern, City Attorney 11 STATE OF ) ) ss. COUNTY OF ) The foregoing was subscribed and sworn to before me this day of , 20_, by Denise Hart as President/CEO of Apache Junction Chamber of Commerce, an Arizona non-profit corporation. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: 12 EXHIBIT A SCOPE OF WORK The services to be provided to City shall include the following: 1. Operate a Visitor Information Center ("Center") as approved and under the guidelines of the Arizona Office of Tourism ("AOT") as part of the Arizona Visitor Information Center ("AVIC") Designation Program. (see Attachment#9) 2. Submit timely quarterly reports consistent with the customary reports established by the AOT AVIC program and a summarized expense report of direct costs associated with operating the Center. Detailed receipts for any of the expenditures may be requested by City and shall be produced by Consultant within ten (10) working days from receipt of such request. 3. Report at least once annually during the term of the Agreement on the performance of the Center to the mayor and city council. This report will consist of an appearance by Consultant's staff at a City council session (regular or work). 4. Special projects clause: If special needs or opportunities arise related to enhancing visitor services beyond AVIC requirements that Consultant would like City to consider supporting, those requests may be presented for consideration separately from this Agreement. There are no guarantees, expressed or implied, that any such request would be approved or funded by City. EXHIBIT B FEE SCHEDULE In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows: A. Within ten (10) working days following the last day of each fiscal year quarter, Consultant shall submit to City's Economic Development Office reports established by the AOT Guidelines and a summarized expense report of direct costs associated with operating the Center. Consultant agrees to submit to City typed, quality reports. B. An aggregate sum: a. 1st Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. b. 2nd Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. c. 3rd Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. d. 4th Quarter FY 2021/2022, $12,480.00, subject to council appropriation of funds. e. 1 st Quarter FY 2022/2023, $12,979.25, subject to council appropriation of funds. f. 2nd Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. g. 3rd Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. h. 4th Quarter FY 2022-2023, $12,979.25, subject to council appropriation of funds. i. 1 st Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. j. 2nd Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. k. 3rd Quarter FY 2023-2024, $13,498.50, subject to council appropriation of funds. I. 4t" Quarter FY 2023-2024, $13,498.50 subject to council appropriation of funds. EXTENSIONS m. 1 st Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. n. 2nd Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. o. 3' Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. P. 4t" Quarter FY 2024-2025, $14,038.50, subject to council appropriation of funds. q. 1 st Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. r. 2nd Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. s. 3rd Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. t. 4th Quarter FY 2025-2026, $14,600.00, subject to council appropriation of funds. C. Notwithstanding the fee arrangements outlined above, City reserves the right to quarterly review Consultant's performance as related to the Scope of Work delineated in Exhibit A of this agreement. f TOURISMARIZONA OFFICE OF Arizona Visitor Information Center (AVIC) Designation Program The Arizona Officef Tourism's ( T)Arizona Visitor Information Center Designation program s created , in reference to A.R.S. 41-2305 B8, withfine r s o establish network of officially siArizona Visitor Information Centers ( VIC )throughout the state` of Arizona. Primarilyoperated by local chambers of commerce or convention and visitor bureaus, designatedVI s help promote local Arizona communities as well as regional and statewide attractions, stinains, dining` options and hospitalityamenities. These information centers often serve as a visitor's first stop, giving communities the opportunity to provide a positive first impression of the surrounding area and Arizona. Applicants choosing to participatein the programmust accept the conditions i eline forth by .-AOT will inform participants of any programupdates or changes. Conditions and Guidelines for Obtaining an Official Arizona Visitor Information Center Designation 1. The Designee shall pay a one-time application fee of$250 and an annual $100 renewal fee. The 0 fee shall'be payablein one lump sum upon the approval date of the official designation of the Arizona Visitor Information Center( Vl ). The$100 fee shall be le in one lump sum on the renewal data of the designated center. Note that i nentity is currently part o 's Rural Cooperative Marketing Program, the AVIC one-time application fee is $125. As of March 2020, AOT has waived the first annual $100 renewal fee for all AVICs. The fees shall compensate for costs incurred the production of programmaterial for the designated center. Late payments'may cause the Designee to be excluded from T marketing publicationsother promotional materials. 2. Once approved, AOT will facilitate a meeting between the Designee andArizona Department of Transportation ( )for the construction and placemento local and state street/highway si n(s), such as the blue "Arizona Tourism Information"directional highwaysigns. The Designeeshall provide clear directional highway and street i n to promotelocation of the visitor center. t r for such signs must comply i thoses lis . It is the responsibility of the Desin o assure that graffiti ARIZONA OFFICE OF TOU Ill SM is removed repairs r to the signs. Those that arerepairable must be replaced. Hi ishall be coveredit the Designees met all criteria, passedinitial inspection, rciv approval from n . . The Designeeshall not receive oper in land/or marketing funds from t Arizona r AOT for the designated' VI . 4. The Designee shall make an effort tooperate it the support, and preferablythe involvement, of the area's principal Destination Marketing Organization ( ). 5. Any change to t si nee' management r their contact information st be submitted to AOT, in writingwithin thirty ( ) calendar days of the date of the e. Any change in ownership of the facility t be submitted to AOT no less than ninety ( ) calendar days in advance of the change. AOT reserves the right refuse the official designation if new facility management does not comply ith AOT's AVICprogram conditions and guidelines. . The Designeeshall be operatedfrom r n nt structure of attractivearchitectural ` sin at the address providedDesignee `lic tion. The center shall have no less than 500 squareof publicr unless otherwise approv in writingy AOT.;An information kio ,walk-up facility or other similar structures are not considered Offici Arizona Local Visitor Information enters unless approved in writing by AOT. . The Designeeshall maintain attractively landscaped n clean grounds. . The Designeeshall not include real estate and time-sharesales, telemarketing and other high-pressure sI r s. Involvement in such ventures shall result intermination of the official designation. ARIZONA OFFICETOURISM 9. T " Designee may sell books, souvenirs, cards, gifts, apparel or other merchandise value relevance to travelers, so long rc i is of good taste and of competitive price" to goods sold near the facility. 10.All Designees must be compliant it the Americans with Disabilities Act( )'and are subject ll federal laws pertaining to the 's most current requirements ( .ada.00v). If the designatedcenter `qualifies for 's historic building exceptions, the'Designee ut notify AOT during the application process. 11.The DesigneeII have adequate restroom facilitiesv ila l for public use, including people i i ilii s. The restrooms shall'be ADA compliant and must be properly maintained. If the designated center qualifies for 's historic building exceptions, the Designee u notify during application roces. 12. Except for the Thanksgiving, ris s Day and New Year's Day holidays, the Designee shall be open seven days a week. Each center "must be open an t ed a minimum" 40 ours per week. Hours of operation will be determined by'Designee. Hours o operation mustb clearly posted. Any exceptions or changes to these hours of operation must be approved in advance by AOT. 13. The Designeeshall have available adequate parkingi cilii for bus, recreational and other oversized vehicles h o f I . minimum of five-paved par i spaces must be availablefor visitors' usage, withleast one parkingspace designated "Wheelchair Accessible". If your parking lot has more than 26 parkings, ADA requirements change and must . ( .eda ov). 14. The Designee II display marketing material signifying that they areOfficial Arizona Local Visitor Information Center. The marketingt ri I shall be prominentlydisplayed on the interiorand/or exterior of the designatedcenter. AOT will provide thefollowing marketing material: laminated rizon state maps, dry-erase r rs and OFFICE OF ARIZONA erasers, ) identifying win I c r n O identifying pos r marketing 'ri I is incorporated into the application 15. The Designee shall display local, state, tribal or federal governmental tourism information, including h produced y AOT, at no cost to the governmental entities. AOT publications ill be furnished to the designatedcenter once it has received icil designation. Publications will include, but are not limited o,the Official State Travel Guide n the Official State Visitor's Map. Should other publications become available through , all designated centers will be notified. Publications will be disseminated basedo sup"ly and demand. 1 .The Designess shall promote all regional tourism related civil s and attractions in the surrounding r of just those related to the designee'sbusiness. 1 . The Designee's personnel shall be trained about Arizona tourism and statewide destinations under guidelines recommended T. AOT shall assist by providing training o the Designee's management, who shall ensure the center's staff is similarly trained. 1 . The Designeeshall be providedfour O Arizona Tourism r i s for the designated center's ers I to wear when possibleO Arizona Tourism Branded s. Cost of the apparel is incorporated into the applicationDesignee y purchase additionalsis or hats if wanted. . The Designeeshall provide general Arizona tourist information ii the designated center. is I y us include information out traveling wi i immediate region, as well as throughout Arizona, us include state maps, regional roc r s, out Arizona travel destinations. The displayedinformation should u Il represent the state in its entirety. Topicsfor displayed information l include, but not be limited attractions, recreation, c i s, restaurants, retail, transportation and travel ARIZONA OFFICE OF TOURISM services. No more than ten percent(10%) of the total literature offered may represent non-Arizona entities. 20. Each center us is 'I large ( "X 30") laminated state rovi y AOT. Cost is incorporated into a one-time application 1. The Designeeshall maintain and report information monthly to AOT including, but not limited to, statistics regarding the number of visitors tote designated center. These monthly visitor numbers shall be submitted to AOT by the 1st business day of the following n . Failure report this information in a timelymanner may result in the exclusion of a designated center in 's marketing programs, projects and state tourism u lic tion . . The` Designee shall be highlighted on AOT's consumer website, VisitArizona.com, Visit Arizona , the Official State Travel Guide, travel maps and other Arizona Tourism related pu licatios "maintained and issued by AOT. The Designeemust provide reciprocal promotion of the Visit Arizona website ( ii rizon .c ) in advertising, promotional activities, related collateral, on its website and on the physical premises. .AOT shall conduct inspections of the designatedcenter, both announcedn unannounced. Failureo pass an inspection result in an additional inspection. Failure o pass a secondinspection in a year may,result in loss of all program specific benefits (websitelisting, state travel guide listings, Visit Arizona listing). Designee will be placed on a 60-dayprobation fix issues noted in the inspection. Failure to fix issues ill results in the loss of designations an Official Arizona Local Visitor Information Center. If designationis revoked, sinee must reapply to AOT for reconsideration after six months. 24.Any variation r is plan not approvedII make the Designation null and void. ARIZONA r questions or more information about the ArizonaVisitor Information Center program, contact Alix SkelpsaRidgway, Director of GovernmentCommunity irs, at 602-364-3697 r via email grid toorisrmaza ov._' City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 21-209 Sponsor:Joel Stern Agenda Date:5/4/2021 Index: In Control: City Council Meeting Consideration of approval of employment agreement with Michelle Lue Sang for Apache Junction Municipal Court Interim Magistrate retroactive to April 1, 2021, for a term of up to six months or until such time a presiding magistrate is selected and appointed, whichever occurs first. City of Apache Junction,Arizona Page 1 Printed on 412812021 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: May 4, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: CONSIDERATION OF APPOINTMENT OF MICHELLE LUE SANG FOR INTERIM MAGISTRATE; OUR FILE NO. 21-010 Presiding Magistrate James Hazel recently resigned after about 12 years of service with the city. He accepted the presiding judge position with the Town of Oro Valley. You have since directed staff to begin the recruitment process for a new judge. Pursuant to A.J.C.C., Vol. I, § 5-1-3(C), the council may appoint an interim magistrate in the absence or a vacancy of the presiding magistrate. Associate Judge Michelle Lue Sang meets the eligibility requirements of the code for the temporary interim position and attached hereto is a proposed contract setting forth the conditions of employment. There shall be a minimum term of three weeks and a maximum term of six months. If the council selects and appoints a presiding magistrate before the end of the six month period, the interim magistrate employment agreement shall terminate automatically. R. Joel Stern City Attorney Attachment EMPLOYMENT AGREEMENT WITH I JUNCTION MUNICIPAL COURT INTERIM MAGISTRATE This Agreement is made as of the day of 2021 "Effective Date") tArizona municipal r r ti ("City") and MICHELLE , ("Employee"), t whichi # individually rcollectively the "Parties", for the municipalInterim i ii . RECITALS r about March1 , 2021 Presidingi s Hazel resigned i it 17, 2021. The mayor and cityit i " since it t staff to beginrecruitment on the position. B. In the meantime, Council desirest i Interim isr r" period i reater than three weeks but not greateri i accordance withc cion City Code, Volume 1, Municipal Cou ,Articleici I Court, § 5-1-2. C. It is the desireParties terms i i is the City s ll receive and retain riprovide remainto in such employmentit intment of Interim Magistrateis effective; to make possiblel rk productivity by assurimind with respectto the termintment; and to provide for "terminating services i s she may be unablefully isduties and when Council may otherwiseselect a PresidingMagistrate, i i six ) months from i f Interim Magistrate, whichever occursfirst. AGREEMENT NOW, THEREFORE, in consideration of the Recil v , the covenantsmutual conditions , and other good and valuable consideration, the receipt and suffici c is acknowledged, the Parties ll s: SECTION . TERM - is Agreement shalli ci l beginning it 1, 2021 shalland remain i 'full force and effectit October , "Term"), unless appointment terminated ri Council Presiding Magistrate , before _of the Term. INTERIMSECTION 2. A. Employee agrees to perform _ duties, _ detailed in Exhibit B. Nothing _ in this Agreement shall prevent, limit or _otherwiseinterfere with the rightf Employee to resigniposition as Interim israte, subject only to the terminationprovisions in Section agreesC. Employee remain in the exclusiveI it r agreesi to acceptI r to becomeemployed any i other l i Council I, it i i NothingD. i " this provisionis to be construed as creating i t a promise r expectation of appointment, reappointment any position i the i , and it is understood by Employee appointment, reappointment or;contract renewal would be a matter left to the unconditional i r ti i . SECTION 3. SALARY A. City agrees, to pay EmployeeivDollars Cents ) servicesduring the Termis Agreement, payable in installments at the same time s -other employees of the City are paid. BENEFITSSECTION 4. OTHER SUPPLEMENTAL A. Other Benefits. Employeer ici in City'sprovided 'fits. r,_ because health/dental/vision i i accepting itement payments from the Arizonait System (" ")' City is required under ®7 . to pay ASRS the alternative contribution rate " whichis 10.21% ( " i . % c i July°1, f value Employee's salary. B. Professional Dues and SeminarWithin _ City ill pay for all seminars and conferences whichrelate judicial training or continuing legal education in the performance of her duties. SECTION . TERM I NATION/RES A. In the event Employee resigns ii _ , she shall give Council at least thirty ( calendar days priorwritten notice intended resignation. EmployeeB. I terminated conviction relating felony or loss of license practice in the State of Arizonaduring the Term. NothingC. in this Agreement shall prevent, li i r _otherwiseinterfere with the right i t i services of Employeeprovided by state . D. Nothing in this Agreement shall prevent, limit is interfere with the rightI sign at any time from city. INDEMNIFICATIONSECTION 6. City shall defend, save_ harmless and indemnify loyee against any tort, professional liability claim r demand or any other legal action, whether groundless or 'otherwise, arising out of any allegedr omission occurringi the course scope r f 's functions and duties. City ill compromise and settlesuch claim r sit # II settlements or judgments r in Employeeand/or City. SECTION . NOTICES _ All notices required under this AgreementI be in writingshall be sent by first class U.S. certified mail, postage prepaid, return receipt requested, addressed ll _i- Parties: City:If to iJunction City r 300 East Superstition Apache Junction, Employee:If to Michelle 135 North Center Street, Mesa, AZ 85211 SECTION 8. ENTIRE AGREEMENT This Agreement and any attachments represent itagreement between the Parties supersede I priornegotiations, representations r agreements, i express r implied, writtenr oral. It is mutually understood agreedand t no alterationr variation of the ter s'and conditions f this AgreementII be valid ss made in writingsigned Parties Written i shall rt the Agreementshall r inconsistent rvii i provided, however, t apparenticnisII resolved, i si , by construingr visi s mutually complementary I r . SECTION 9. SEVERABILITY The Parties believe execution, delivery and performance is Agreement are in compliancei II applicable laws. However, in the unlikely that any provisionthis r is declaredi unenforceable ( r is construedrequiring i in violation applicablelaws, including any constitutional r isi law, regulation, or city code), such provisionII be deemed severed from this Agreement and this Agreement s II otherwise remain in fullrceffect; provided that this AgreementI retroactively be deemed reformed to the extent reasonably possible in suchso that the reformed r (and any related , agreementsti s 'of the same date) provide ss ti ll same rights and fit (economic r i ) to the Parties asiseverance and reformation r required. Unless "l s, Parties further shall r _ II c acknowledge and/or' deliverll amendments, instruments is necessary" to accomplishiv effect to the purposesis Agreement,` s SECTION . ASSIGNMENT This is a personal services t and therefore EmpI Il not assign r I required i within is Agreement. IN WITNESS WHEREOF, Employeei outed this Agreement s of the date first s . EMPLOYEE: r Michelle �Sangf CITY: JUNCTION,CITY OF APACHE _ ARIZONA, an Arizona i i I corporation By: Walter "Chip" it Jennifer City Clerk R. Joel Stern APPROVED AS TO FORM: EXHIBIT A SCOPE OF WORK Presides r all municipal court, administrativejudicial operations, including by not limited to: general supervision of court personnel, payment and collection fines penalties, payroll and budget, misdemeanors, civil traffic offenses, juvenile rs, orders of protection, injunctions i harassment, i isr iv /or criminal search warrantspetitions for vicious i I declaration. Notwithstanding , it is understood Parties> " I shall - ti s through Thursdays and be on call two Fridays, reach month and on any holidays. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 21-026 Sponsor:Jennifer Pena Agenda Date:5/4/2021 Index: In Control: City Council Meeting Presentation of proclamation recognizing the week of May 2 -8, 2021 as "Municipal Clerks Week". City of Apache Junction,Arizona Page 1 Printed on 412812021 r Vrorlam tion MUNICIPAL CLERKS WEEK May 2 —8, 2021. WHEREAS, the office of the Municipal Clerk,a time honored and vital part of local government exists throughout the world, and WHEREAS, the office of the Municipal Clerk is the oldest among public servants, and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all, and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community, and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, county and international professional organizations, and WHEREAS, it is most appropriate that we recognize the accomplishment of the Office of the Municipal Clerk. NOW, THEREFORE, 1, Chip Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of May 2 - 8, 2021 as MUNICIPAL CLERKS WEEK Signed and attested to this day of , 20121. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 21-211 Sponsor: Dave Zellner and Larry Kirch Agenda Date:5/4/2021 Index: In Control: City Council Meeting Presentation of proclamation recognizing May 2021 as Building Safety Month. City of Apache Junction,Arizona Page 1 Printed on 412812021 Vrortamatt" On BUILDING SAFETY MONTH MAY 2021 WHEREAS, our City is committed to recognizing that our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians—building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers and others in the construction industry—who work year- round to ensure the safe construction of buildings; and WHEREAS, Building Safety Month is sponsored by the ICC to remind the public about the critical role of local code officials and —who assure us a safe, resilient, built environment of livable and economical buildings which are essential to Apache Junction's prosperity; and WHEREAS, "Prevent, Prepare, Protect. Building Codes Save," the theme for Building Safety Month 2021, encourages all Americans to raise awareness about the importance of safe and resilient construction; fire prevention; disaster mitigation, energy conservation; water safety; training the next generation; and new technologies in the construction industry; and WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Chip Wilson, Mayor of the City of Apache Junction, Arizona, do hereby proclaim May as BUILDING SAFETY MONTH in Apache Junction and do hereby urge all citizens Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. Signed and attested this day of , 2021. CHIP WILSON Mayor ATTEST: JENNIFER PENA City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 21-202 Sponsor: Chip Wilson Agenda Date:5/4/2021 Index: In Control: City Council Meeting Announcement of current events from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 412812021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 21-203 Sponsor: Bryant Powell Agenda Date:5/4/2021 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 412812021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 21-212 Sponsor: Agenda Date:5/4/2021 Index: In Control: City Council Meeting Presentation of 25-year Service Award to Liz Langenbach, Director of the Parks and Recreation Department. City of Apache Junction,Arizona Pagel Printed on 412812021 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 21-207 Sponsor: Liz Langenbach Agenda Date:5/4/2021 Index: In Control: City Council Meeting Presentation, discussion, and consideration of Resolution No. 21-18, authorizing the submission of two grants to Arizona State Parks: 1) Recreation Trails Program grant for Silly Mountain Park and 2) Land Water Conservation Fund grant for Superstition Shadows Park. City of Apache Junction,Arizona Page 1 Printed on 412812021 0 Z Cit o acjunction j p xe .. Home of the Superstition Mountains MEMORANDUM TO: Honorable Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks and Recreation Director DATE: April 21, 2021 SUBJECT: Consideration of Resolution 21-18 City staff is submitting for two grants, administered by Arizona State Parks: 1) Recreation Trails Program grant for Silly Mountain Park and 2) Land Water Conservation Fund (LWCF) for Superstition Shadows Park. The Recreation Trails Program would fund needed amenities at Silly Mountain Park and the city would have a matching funds requirement of 5.7%. The estimated total project cost is $88,350 and does not have a completion deadline. Amenities being considered by the Arizona State Parks grant committee include: Primitive restroom structure 24'x12' shade structure Improved security fencing in key areas The LWCF grant would fund needed improvements to amenities at Superstition Shadows Park and the city would have a matching funds requirement of 50%. The estimated project funding would be $922,000 and we must complete projects within 3 years of award of grant. Many of the amenities selected for this grant are items we would already be doing as part of our regular budget (and can be used as our match). Amenities being considered by the Arizona State Parks grant committee include: Tennis/Pickleball court resurfacing Replacement of existing Restroom structure Walkway improvements for better accessibility South parking lot re-coat LED lighting updates for the tennis courts and skatepark Fitness circuit along the south walkway Skatepark fence replacement At this time, staff respectfully requests consideration by the City Council to approve and adopt resolution 21-18. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119•www.aJcity.net e PROVE(480)983-2181•FAX(480)982-2438+TDD(480) 983-0095 RESOLUTION NO. 21-18 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS FOR THE LAND AND WATER CONSERVATION FUND AND THE RECREATIONAL TRAILS PROGRAM. WHEREAS, in 1964, the United States Congress passed Public Law 88-578, wherein it created the Land and Water Conservation Fund ("LWCF") which established financial resources in the form of matching grants for, among other things, state and local government recreational area planning, acquisition and development; and WHEREAS, in 1991, the United States Congress passed Public Law 102-240, wherein it created the Recreational Trails Program ("RTP") which provides funding to states to develop and maintain recreational trails and trail-related facilities for motorized and non-motorized trail uses; and WHEREAS, Arizona State Parks ("Parks") is responsible for the administration of the Statewide LWCF and RTP Projects ("Projects") and adoption and enforcement of rules and procedures governing applications submitted by eligible Project sponsors; and WHEREAS, the rules and procedures established by Parks require a Project sponsor to certify by resolution the approval of applications, signature authorization, availability of local matching funds and authorization to sign Project-related documents . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION AS FOLLOWS : SECTION I : Staff is authorized to submit applications to the Arizona State Parks and Trails for LWCF and RTP funds, and the mayor is authorized to sign the applications, contracts and other related documents for receipt and use of grant funds for the following two Projects : RESOLUTION NO. 21-18 PAGE 1 OF 3 1) LWCF Renovations to include tennis/pickleball court resurfacing, restrooms, ADA walkway improvements, parking lot recoating, skatepark and tennis court lighting upgrades, fitness circuit enhancements and skatepark fence replacement at Superstition Shadows Park in the amount of $922, 000 . 2) RIP - Renovations to include restroom and ramada enhancements and security fencing at Silly Mountain Park in the amount of $88, 350 . SECTION II : The City of Apache Junction agrees to comply with all pertinent grant submittal procedures, guidelines, policies and requirements . SECTION III : The City of Apache Junction appoints the director of the City of Apache Junction parks and recreation department or her designee as its agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, billing statements and other related materials which may be necessary for the completion of the Projects . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-18 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-18 PAGE 3 OF 3 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 21-204 Sponsor:Jennifer Pena Agenda Date:5/4/2021 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, May 17th and Executive Session at 6:00 P.M. for Tuesday, May 18th in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. City of Apache Junction,Arizona Page 1 Printed on 412812021