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ARF- 4048

Consent Agenda Item 4. A.

Regular BOS Meeting

Meeting Date:	11/15/2016
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Revised Resolution No. 16-10-01 - Franchise for Arizona Electric Power Cooperative, Inc. (AEPCO)

Background Information

On October 18, 2016, the Board of Supervisors adopted Resolution No. 16-10-01 whereby the Board renewed a utility franchise for AEPCO for an additional 25 years.

After the resolution was adopted, Jeff Dalton, Deputy Gila County Attorney and Civil Bureau Chief, requested to add some language which is required by law to be included in all contracts.

Evaluation

The following sections were added to the resolution:

15. This agreement is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the provisions of which are incorporated herein by this reference.

16. Grantee hereby certifies that it is not currently engaged in and will not for the duration of this agreement engage in a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Grantee may result in action by the County up to and including termination of this franchise.

17. Grantee hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). If Grantee uses any subcontractors in performance of this franchise, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A). A breach of this warranty shall be deemed a material breach of the franchise subject to penalties up to and including termination of this franchise. The County retains the legal right to inspect the papers of Grantee and its subcontractors who work on the franchise to ensure that it or its subcontractors are complying with this warranty.

Conclusion

Mr. Charles Alves, Senior Attorney for AEPCO, has agreed to the proposed additional language; therefore, the revised resolution should be presented to the Board of Supervisors for review and consideration of approval.

Recommendation

The Clerk of the Board recommends that the Board of Supervisors adopt revised Resolution No. 16-10-01 after which, the resolution will be recorded.

Suggested Motion

Adoption of revised Resolution No. 16-10-01, a 25-year franchise granted to Arizona Electric Power Cooperative, Inc., to add language to the resolution (section numbers 15-17) that is required in all contracts.

Attachments
Revised Resolution No. 16-10-01