| Arizona Revised Statutes Relating to Library and Non Profit Organizations |
| Title 9 Cities and Towns Chapter 4 General Powers Article 2 Public Library 9-411 Tax levy for library purposes 9-412 Receipt of gifts for library 9-413 Library fund 9-414 Trustees; terms; compensation 9-415 Trustees; organization; appointment of librarian 9-416 Powers of trustees 9-417 Audit and payment of claims 9-418 Annual reports by trustees 9-419 Regulation of library use; use of land for library 9-420 Contracts between city or town and the Arizona state library; expenditure of public monies |
| 9-411. Tax levy for library purposes
A city or town may levy annually, in addition to all other taxes, a tax not to exceed one and one-half mills on the assessed value of all property in the city or town, exclusive of the valuation of property exempt from taxation, for the purpose of establishing and maintaining therein free public libraries and reading rooms, for purchasing books, journals and other publications, and erecting and maintaining such buildings as may be necessary therefor. 9-412. Receipt of gifts for library Cities or towns may receive, hold or dispose of gifts made to them for library purposes and may apply them in a manner which will best promote the uses of the library, subject to the terms of the gift. 9-413. Library fund All money received for library purposes, whether by taxation or otherwise, shall belong to and be designated as the library fund, shall be paid into the city or town treasury, kept separate and apart from other funds, and shall be drawn therefrom as provided in this article, but only for purposes therein authorized. 9-414. Trustees; terms; compensation A. The governing body of a city or town may appoint residents of the city or town as trustees of its library. B. In cities or towns of less than three thousand inhabitants there may be six trustees, and in other cities or towns there may be nine trustees. Trustees shall hold office for three years from July 1 in the year of their appointment, unless sooner removed for good cause. C. Upon the first appointment of trustees in a city or town, they shall, at their first meeting, divide themselves by lot into three classes, one third to serve for one year, one third to serve for two years, and one third to serve for three years. D. The office shall be honorary and without compensation. 9-415. Trustees; organization; appointment of librarian A. The trustees shall have charge of the library and all library property. They shall meet for business purposes each month, and at such other times as they shall appoint, at a place to be provided for the purpose. They may elect from their body a president and secretary, and may adopt an official seal. The secretary shall keep a full statement and account of all property, receipts and expenditures, and a record of the proceedings of the board. B. The trustees may appoint a librarian. 9-416. Powers of trustees The trustees, by a majority vote of their members recorded in the minutes with the ayes and nays at length, may: 1. Make and enforce all rules, regulations and by-laws necessary for the administration and government of the library and all library property. 2. Exercise and administer any trust declared or created for the library or reading room. 3. Define the powers and prescribe the duties of officers and elect and remove at will officers and assistants. 4. Purchase necessary books, journals, publications and other personal property. 5. Order the drawing and payment, upon properly authenticated vouchers, certified by the president and secretary, of money out of the library fund for any liability authorized. 6. Fix the salary of the librarian. 7. By and with the consent and approval of the governing body of the city or town, purchase real property and erect and equip buildings as may be necessary for the library and reading rooms. 9-417. Audit and payment of claims The warrant of the trustees, when made and authenticated as provided in section 9-416, shall be verified and audited by the auditing officer, and paid by the treasurer of the city or town from the library fund. 9-418. Annual reports by trustees A. The trustees, on or before the first Monday of July of each year, shall make a report to the governing body of the city or town containing: 1. A full statement of all property and money received, where derived and how used and expended. 2. The number of books, journals and other publications on hand, the number added by gift, purchase or otherwise during the year, the number lost or missing and the number and kind of those loaned. 3. Such other statistics, information and suggestions as may be of general interest. B. A financial report, showing all receipts and disbursements of money, shall be made by the secretary of the board of trustees, verified by oath. 9-419. Regulation of library use; use of land for library A. A city or town in which a public library is established may pass ordinances for the protection of the library and library property, and imposing penalties for punishment of persons committing injury to the library or its property or books, or for failure to return a book or other library property. B. The city or town may grant, donate or authorize the use of land belonging to the city or town, or dedicated to public use therein, for the purpose of erecting and maintaining a building to be used only for a public library and reading room. 9-420. Contracts between city or town and the Arizona state library; expenditure of public monies The governing body of a city or town having a free library, or a library established under this article, may enter into a contract with the Arizona state library, archives and public records to provide supervision by the state library of expenditures of all monies involved in financing a library service or construction project when any portion of the monies is allocated by the federal government. |
| Resource Link http://www.azleg.gov/ArizonaRevisedStatutes.asp This page is a posting of several laws taken from the Arizona Revised Statutes website referring to libraries.. This page does not constitute legal advice. For questions regarding interpretation or application of any information posted here, refer to the services of Legal Council licensed to practice Law in the State of Arizona. This page does not claim to list all applicable laws which may apply. |
| Introduction to Procurement 34-101. Definitions In this title, unless the context otherwise requires: 1. "Agent": (a) Means any county, city or town, or officer, board or commission thereof, and irrigation, power, electrical, drainage and flood control districts, tax levying public improvement districts, and county or city improvement districts. (b) Includes any county board of supervisors and any representative authorized by an agent to act as an agent for the purpose of authorizing necessary change orders to previously awarded contracts in accordance with guidelines established by rule of the agent, including the board of supervisors. 2. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1. 3. "Construction": (a) Means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property. (b) Does not include the routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property or demolition projects costing less than two hundred thousand dollars. 4. "Construction-manager-at-risk" means a project delivery method in which: (a) There is a separate contract for design services and a separate contract for construction services. (b) The contract for construction services may be entered into at the same time as the contract for design services or at a later time. (c) Design and construction of the project may be in sequential phases or concurrent phases. (d) Finance services, maintenance services, operations services, preconstruction services and other related services may be included. 5. "Construction services" means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods: (a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods. (b) A combination of construction and, as elected by the agent, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction-manager-at-risk, design-build or job-order-contracting in this section. 6. "Contract" means all types of agent agreements, regardless of what they are called, for the procurement of services pursuant to this title. 7. "Contractor" means any person who has a contract with an agent. 8. "Design-bid-build" means a project delivery method in which: (a) There is a sequential award of two separate contracts. (b) The first contract is for design services. (c) The second contract is for construction. (d) Design and construction of the project are in sequential phases. (e) Finance services, maintenance services and operations services are not included. 9. "Design-build" means a project delivery method in which: (a) There is a single contract for design services and construction services. (b) Design and construction of the project may be in sequential phases or concurrent phases. (c) Finance services, maintenance services, operations services, preconstruction services and other related services may be included. 10. "Design requirements": (a) Means at a minimum the agent's written description of the project or service to be procured, including: (i) The required features, functions, characteristics, qualities and properties. (ii) The anticipated schedule, including start, duration and completion. (iii) The estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance. (b) May include: (i) Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by an architect or engineer, as appropriate, who is registered pursuant to section 32-121. (ii) Additional design information or documents that the agent elects to include. 11. "Design services" means architect services, engineer services or landscape architect services. 12. "Direct selection" means the selection of a technical registrant without the requirement of advertising or the use of a current register. 13. "Engineer services" means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. 14. "Finance services" means financing for a construction services project. 15. "Horizontal construction" means highways, roads, streets, bridges, canals, floodways, earthen dams and landfills. 16. "Job-order-contracting" means a project delivery method in which: (a) The contract is a requirements contract for indefinite quantities of construction. (b) The construction to be performed is specified in job orders issued during the contract. (c) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included. 17. "Landscape architect services" means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1. 18. "Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. 19. "Materials": (a) Means all property, including equipment, supplies, printing, insurance and leases of property. (b) Does not include land, a permanent interest in land or real property or leasing space. 20. "Operations services" means routine operation of existing facilities, structures, buildings or real property. 21. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals. 22. "Preconstruction services" means advice during the design phase. 23. "Procurement": (a) Means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services. (b) Includes all functions that pertain to obtaining any material, services, construction or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. 24. "Public competition" means a competitive procurement process pursuant to section 34-103, subsection G that includes advertising in a public newspaper and a qualification-based selection process. 25. "Services": (a) Means the furnishing of labor, time or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance. (b) Does not include employment agreements or collective bargaining agreements. 26. "Specific single project" means one or more facilities at a single location, at a common location or, if for a similar purpose, at multiple locations. 27. "Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with an agent. 28. "Technical registrant" means a person who provides any of the professional services listed in title 32, cha 34-103. Employment of technical registrants for work on public buildings and structures; direct selection; final list selection; public competition A. An agent shall procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title if either of the following applies: 1. The contract is with a technical registrant other than an architect and is for an amount of more than five hundred thousand dollars. 2. The contract is with an architect and is for an amount of more than two hundred fifty thousand dollars. B. An agent may procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title or as prescribed in subsection D if either of the following applies: 1. The contract is with a technical registrant other than an architect and is for an amount of five hundred thousand dollars or less. 2. The contract is with an architect and is for an amount of two hundred fifty thousand dollars or less. C. If authority is given by law to an agent to construct a building or structure, or additions to or alterations of existing buildings, an agent shall employ an architect or engineer, or both, as warranted by the type of construction, if the agent deems the work to be of a nature that requires such employment. D. An agent may employ a technical registrant by direct selection, by public competition pursuant to subsection G or pursuant to subsections E and F if either of the following applies: 1. The contract is with a technical registrant other than an architect and is for an amount of five hundred thousand dollars or less. 2. The contract is with an architect and is for an amount of two hundred fifty thousand dollars or less. E. The agent may elect to employ a technical registrant by encouraging persons or firms engaged in the lawful practice of the profession to submit annually a statement of qualifications and experience. If the agent elects to employ a technical registrant by this method, the agent shall initiate an appropriately qualified selection committee for each procurement, which may include one or more contracts, in accordance with rules adopted by the agent. The selection committee shall evaluate current statements of qualifications and experience on file with the agent together with those that may be submitted by other persons or firms regarding the procurement. If possible and practicable, the selection committee shall conduct interviews with at least three persons or firms regarding the procurement and the relative methods of furnishing the required services and, if possible, shall select, in order of preference and based on criteria established and published by the selection committee, a separate final list for each contract being procured of at least three of the persons or firms deemed to be the most qualified to provide the services required. The selection committee shall base the selection of each final list and the order of preference on each final list on demonstrated competence and qualifications only. The agent and the selection committee shall not request or consider fees, price, man-hours or any other cost information at any point in the selection process under this subsection, including the selection of the persons or firms to be interviewed, the selection of the persons and firms to be on a final list, in determining the order of preference of persons and firms on a final list or for any other purpose in the selection process. F. After a final list is selected for each contract included in the procurement, the agent shall enter into separate negotiations for a contract with the highest qualified person or firm on the final list for the contract determined under subsection E for the professional services. The negotiations shall include consideration of compensation and other contract terms that the agent determines to be fair and reasonable to the agent. In making this determination, the agent shall take into account the estimated value, the scope, the complexity and the nature of the professional services to be rendered. If the agent is not able to negotiate a satisfactory contract with the highest qualified person or firm on the final list for the contract at a price and on other contract terms the agent determines to be fair and reasonable, the agent shall formally terminate negotiations with that person or firm. The agent may enter into negotiations with the next most qualified person or firm on the final list for the contract in sequence until an agreement is reached or a determination is made to reject all persons or firms on the final list for the contract. G. If competitive designs are solicited, the agent shall publish notice of the competition at least thirty days before the date set for closing the competition. The notice shall include the following: 1. The project title and description. 2. The design and construction budget. 3. The competitive process and criteria to be used to select the winning offeror. 4. The amount of the stipend to be paid to the unsuccessful offerors. 5. The offerors' response date. 6. The person to contact to obtain additional information regarding the competition. 7. Any other requirements established by the agent as appropriate. |
| PROCUREMENT ********************************************** http://www.azleg.state.az.us/search/oop/qfullhit.asp?CiWebHitsFile=/ars/41/02578.htm&CiRestriction=procurement&CiBeginHilite=<b>&CiEndHilite=</b>&CiHiliteType=Full Further information on Procurement : http://www.azleg.state.az.us/SearchResults.asp?SearchPhrase=procurement&Scope=%2Fars%2F41&SearchedFrom=%2FArizonaRevisedStatutes.asp&x=34&y=7 |
| An Introduction to Non Profit Organization Rules
10-3101. Short title Chapters 24 through 40 shall be known and may be cited as the Arizona nonprofit corporation act. 10-3150. Private foundations; definition A. Except if otherwise determined by a court of competent jurisdiction or to the extent no longer required by the internal revenue code of 1986, a corporation that is a private foundation as defined in section 509(a) of the internal revenue code of 1986 shall: 1. Distribute such amounts for each taxable year at a time and in a manner that does not subject the corporation to tax under section 4942 of the code. 2. Not engage in any act of self-dealing as defined in section 4941(d) of the code. 3. Not retain any excess business holdings as defined in section 4943(c) of the code. 4. Not make any taxable expenditures as defined in section 4944 of the code. 5. Not make any taxable expenditures as defined in section 4945(d) of the code. B. For the purposes of this section, "code" means the internal revenue code of 1986 as amended. URL to rules regarding Self Dealing http://www.irs.ustreas.gov/irm/part7/ch12s12.html |
| Title 35 - Public Finances 35-181.03. Audit of nonprofit corporations receiving state monies; definition A. All state contracts with nonprofit corporations for assistance shall include requirements concerning financial and compliance audits. B. Each nonprofit corporation that receives in excess of one hundred thousand dollars in state assistance in any fiscal year shall file for each such fiscal year at the corporation's expense with the grantor agency either audited financial statements prepared in accordance with federal single audit regulations or financial statements prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant. C. Each nonprofit corporation receiving fifty thousand dollars to one hundred thousand dollars in state assistance in any fiscal year shall file biennially at the corporation's expense with the grantor agency either an audited annual financial statement for the most recently completed even-numbered year prepared in accordance with federal single audit regulations or a financial statement for the most recently completed even-numbered year prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant. D. Each nonprofit corporation receiving less than fifty thousand dollars in state assistance in any fiscal year shall comply with contract requirements concerning financial and compliance audits contained in contract agreements governing such programs. E. For the purposes of this section, "nonprofit corporation" means a corporation as defined in section 10-3140. |
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| Redlands Public Library |
| 34-203. Failure to comply; civil penalty
A. An agent who knowingly violates the provisions of section 34-201 is liable for a civil penalty: 1. Except as provided in paragraph 2, not to exceed five thousand dollars for each violation. 2. On the effective date of this amendment to this section until July 1, 2009, not to exceed: (a) Ten thousand dollars for a first violation. (b) Twenty-five thousand dollars for a second violation. (c) Seventy-five thousand dollars for a third violation. B. All monies collected from the civil penalty shall be deposited in the state general fund. The attorney general shall bring an action to recover the penalty in the name of this state in the superior court in the county in which the violation occurred. The attorney general shall bring any appropriate civil action to enjoin a threatened or pending violation of this article. |
| Title 34 - Public Buildings and Improvements
Chapter 1 EMPLOYMENT OF SPECIAL SERVICES Article 1 General Provisions 34-101 Definitions 34-102 Multiple contracts 34-103 Employment of technical registrants for work on public buildings and structures; direct selection; final list selection; public competition 34-104 Contract with architect; proprietary specifications; penalty; compensation Chapter 2 EMPLOYMENT OF CONTRACTORS Article 1 Bids and Estimates 34-201 Notice of intention to receive bids and enter contract; procedure; doing work without advertising for bids; county compliance 34-202 Bids by contractors; estimates when work not done by contract 34-203 Failure to comply; civil penalty Article 2 Contract 34-221 Contract with successful bidder; payments to contractor; security; recovery of damages by contractor for delay; progress payments 34-222 Surety bond required; suit on bond; limitations 34-223 Payment bond provisions 34-224 Effect of article on prior contracts 34-225 Governmental mall; private and public development; construction contracts; limitations 34-226 Indemnity agreements in construction and architect?engineer contracts void; definitions 34-227 Construction contracts; void provisions Article 3 Eligibility and Preference of Contractors and Subcontractors 34-241 Eligibility of contractors on public works; preferred contractors; eligibility of subcontractor; definitions 34-242 Preference for locally manufactured materials in awarding contracts for furnishing materials 34-243 Preference for materials supplied by resident dealers in awarding contracts for furnishing materials 34-243.01 Effect of transaction privilege and use taxes in awarding contracts for furnishing any kind of equipment or materials or construction 34-244 Provisions inapplicable to federal aid contracts when federal law conflicts 34-245 Provisions inapplicable to irrigation districts 34-246 Violations; classification Article 4 Contracts in Restraint of Trade or Commerce 34-251 Definitions 34-252 Contract, combination or conspiracy to restrain trade or commerce; violation; classification 34-253 Noncollusion affidavits 34-254 Civil damages; limitation 34-255 Convicted persons; contracting employment; prohibition 34-256 Persons convicted; service prohibition 34-257 Suspension from bidding 34-258 Enforcement jurisdiction Chapter 3 EMPLOYEES ON PUBLIC WORKS Article 1 Eligibility for Employment 34-301 Employment of aliens on public works prohibited 34-302 Residence requirements for employees Article 2 Wages and Hours 34-321 Public policy; prevailing wage contract prohibited; definition Chapter 4 STRUCTURE OF BUILDINGS Article 1 State Buildings 34-401 New and renovated state buildings; automated external defibrillators Article 3 Energy Conservation and Solar Design Standards 34-451 Energy conservation standards for public buildings 34-452 Solar design standards for state buildings; energy life cycle costing 34-453 Energy performance goals for state buildings 34-454 Establishment and use of life cycle cost methods and procedures; definition 34-455 Performance contracting; definitions 34-456 Use of energy savings; definitions Article 4 Building Codes 34-461 Applicability of local codes; exception; definition 34-462 Community college buildings; exemption from building codes Article 5 Lighting Standards for State 34-471 Lighting standards for state and community college buildings; life cycle costing; evaluation standards; shielding 34-472 Exemptions Chapter 5 COMPUTER ACCESS Article 1 Access by Minors 34-501 Definitions 34-502 Computer access; harmful to minors Chapter 6 ARCHITECT SERVICES, ASSAYER SERVICES, CONSTRUCTION SERVICES, ENGINEER SERVICES, GEOLOGIST SERVICES, LANDSCAPE ARCHITECT SERVICES AND LAND SURVEYING SERVICES Article 1 General Provisions 34-601 Definitions 34-602 Project delivery methods for design and construction services 34-603 Procurement of professional services and construction?manager?at?risk, design?build and job?order?contracting construction services; definition 34-604 Emergency procurements 34-605 Multiterm contracts for job?order?contracting construction services 34-606 Bid security for design?build and job?order?contracting construction services 34-607 Contracts for construction?manager?at?risk, design?build and job?order?contracting construction services; payments to contractor; security; recovery of damages by contractor for delay; progress payments 34-608 Construction?manager?at?risk, design?build and job?order?contracting construction services surety bond required; suit on bond; limitations 34-609 Payment bonds for construction?manager?at?risk, design?build and job?order?contracting construction services 34-610 Accounting standards; statutory applicability 34-611 Failure to comply; civil penalty |
| 34-608. Construction-manager-at-risk, design-build and job-order-contracting construction services surety bond required; suit on bond; limitations
A. Except if specifically exempted by statute, before an agent executes any contract with any person or firm for construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction services, the person or firm shall furnish to the agent entering into the contract the following bonds, except that the bonds shall be furnished only on and at the same time as execution of a contract or an amendment to a contract that commits the contractor to provide construction for a fixed price, a guaranteed maximum price or any other fixed amount within a designated time frame: 1. A performance bond in an amount equal to the full contract amount conditioned on the faithful performance of the contract in accordance with plans, specifications and conditions of the contract, except that: (a) For job-order-contracting construction services, the performance bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the agent, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the agent's reasonable estimate of the amount of construction that the agent believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable. (b) For construction-manager-at-risk construction services and design-build construction services, the amount of the performance bond shall be the price of construction and shall not include the cost of any design services, preconstruction services, finance services, maintenance services, operations services or any other related services included in the contract. The performance bond shall be solely for the protection of the public body awarding the contract. 2. A payment bond in an amount equal to the full contract amount solely for the protection of claimants supplying labor or materials to the contractor or the contractor's subcontractors in the prosecution of the construction and not for the protection of persons providing any design services, preconstruction services, finance services, maintenance services, operations services or other related services provided for in the contract, except that: (a) For job-order-contracting construction services, the payment bond shall cover the full amount of construction under the job-order-contracting construction services contract, shall not include any design services, preconstruction services, finance services, maintenance services, operations services or other related services included in the contract, may be a single bond for the full term of the contract, a separate bond for each year of a multiyear contract or a separate bond for each job order, as determined by the agent, and, if a single bond for the full term of the contract or a separate bond for each year of a multiyear contract, shall initially be based on the agent's reasonable estimate of the amount of construction that the agent believes is likely to actually be done during the full term of the contract or during the particular year of a multiyear contract, as applicable. (b) For construction-manager-at-risk construction services and design-build construction services, the amount of the payment bond shall be the price of construction and shall not include the cost of any design services, preconstruction services, finance services, maintenance services, operations services or any other related services included in the contract. B. Each bond shall include a provision allowing the prevailing party in a suit on the bond to recover as a part of the judgment any reasonable attorney fees as may be fixed by the court. C. Notwithstanding any other statute, each bond shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance pursuant to title 20, chapter 2, article 1. The bonds shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied. The bonds shall be payable to the public body concerned. D. The bonds shall be filed in the office of the department, board, commission, institution, agency or other contracting body awarding the contract. E. It is illegal for a request for qualifications or a request for proposals pursuant to section 34-603, or any person acting or purporting to act on behalf of the contracting body, to require that bonds be furnished by a particular surety company, or through a particular agent or broker. F. The conditions and provisions in the payment bond regarding the surety's obligations shall follow the following form: Now, therefore, the condition of this obligation is that if the principal promptly pays all monies due to all persons supplying labor or materials to the principal or the principal's subcontractors in the prosecution of the construction provided for in the contract, this obligation is void. Otherwise it remains in full force and effect. Provided, however, that this bond is executed pursuant to title 34, chapter 6, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of title 34, chapter 6, Arizona Revised Statutes, to the same extent as if they were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney fees that may be fixed by the court. G. The conditions and provisions in the performance bond regarding the surety's obligations shall follow the following form: Now, therefore, the condition of this obligation is that if the principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect. Provided, however, that this bond is executed pursuant to title 34, chapter 6, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with title 34, chapter 6, Arizona Revised Statutes, to the extent as if it were copied at length in this agreement. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by the court. The performance under this bond is limited to the construction to be performed under the contract and does not include any design services, preconstruction services, finance services, maintenance services, operations services or any other related services included in the contract. H. If the prime contract or specifications require any persons supplying labor or materials in the prosecution of the work to furnish payment or performance bonds, these bonds shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance pursuant to title 20, chapter 2, article 1. Notwithstanding any other statute, the bonds shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied. I. All bonds given by a contractor and surety pursuant to this section, regardless of their actual form, are deemed by law to be in the form required and set forth in this section. 34-610. Accounting standards; statutory applicability A. Any construction by a county pursuant to this chapter shall comply with the uniform accounting system prescribed for counties by the auditor general pursuant to section 41-1279.21. Any construction by a city or a town pursuant to this chapter shall comply with generally accepted accounting principles. B. Any building, structure, addition or alteration may be constructed without complying with this chapter if the construction, including construction of buildings or structures on public or private property, is required as a condition of development of private property and is authorized by section 9-463.01 or 11-806.01. For the purposes of this subsection, building does not include police, fire, school, library or other public buildings. C. Section 34-104, section 34-201, subsections A through I, K and L and sections 34-202, 34-203, 34-221, 34-222, 34-223 and 34-224 do not apply to procurement by an agent of construction-manager-at-risk construction services, design-build construction services and job-order-contracting construction services. D. Section 34-201, subsections J and M and sections 34-225 and 34-226 apply to procurement by an agent of construction-manager-at-risk construction services, design-build construction services and job-order-contracting construction services. |
| 34-201. Notice of intention to receive bids and enter contract; procedure; doing work without advertising for bids; county compliance
A. Except as provided in subsections B through G and L of this section, every agent shall, upon acceptance and approval of the working drawings and specifications, publish a notice to contractors of intention to receive bids and contract for the proposed work. This notice shall be published by advertising in a newspaper of general circulation in the county in which the agent is located for two consecutive publications if it is a weekly newspaper or for two publications that are at least six but no more than ten days apart if it is a daily newspaper. The notice shall state: 1. The nature of the work required, the type, purpose and location of the proposed building, and where the plans, specifications and full information as to the proposed work may be obtained. 2. That contractors desiring to submit proposals may obtain copies of full or partial sets of plans and specifications for estimate on request or by appointment. The return of such plans and specifications shall be guaranteed by a deposit of a designated amount which shall be refunded on return of the plans and specifications in good order. 3. That every proposal shall be accompanied by a certified check, cashier's check or surety bond for ten per cent of the amount of the bid included in the proposal as a guarantee that the contractor will enter into a contract to perform the proposal in accordance with the plans and specifications. Notwithstanding the provisions of any other statute, the surety bond shall be executed solely by a surety company or companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance pursuant to title 20, chapter 2, article 1. The surety bond shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied. The certified check, cashier's check or surety bond shall be returned to the contractors whose proposals are not accepted, and to the successful contractor upon the execution of a satisfactory bond and contract as provided in this article. The conditions and provisions of the surety bid bond regarding the surety's obligations shall follow the following form: Now, therefore, if the obligee accepts the proposal of the principal and the principal enters into a contract with the obligee in accordance with the terms of the proposal and gives the bonds and certificates of insurance as specified in the standard specifications with good and sufficient surety for the faithful performance of the contract and for the prompt payment of labor and materials furnished in the prosecution of the contract, or in the event of the failure of the principal to enter into the contract and give the bonds and certificates of insurance, if the principal pays to the obligee the difference not to exceed the penalty of the bond between the amount specified in the proposal and such larger amount for which the obligee may in good faith contract with another party to perform the work covered by the proposal then this obligation is void. Otherwise it remains in full force and effect provided, however, that this bond is executed pursuant to the provisions of section 34-201, Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. 4. That the right is reserved to reject any or all proposals or to withhold the award for any reason the agent determines. B. If the agent believes that any construction, building addition or alteration contemplated at a public institution can be advantageously done by the inmates of the public institution and regularly employed help, the agent may cause the work to be done without advertising for bids. C. Any building, structure, addition or alteration may be constructed either with or without the use of the agent's regularly employed personnel without advertising for bids provided that the total cost of the work, excluding materials and equipment previously acquired by bid, does not exceed: 1. In fiscal year 1994-1995, fourteen thousand dollars. 2. In fiscal year 1995-1996 and each fiscal year thereafter, the amount provided in paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563. D. Notwithstanding the provisions of subsection C of this section, any street, road, bridge, water or sewer work, other than a water or sewer treatment plant or building, may be constructed either with or without the use of the agent's regularly employed personnel without advertising for bids provided that the total cost of the work does not exceed: 1. In fiscal year 1994-1995, one hundred fifty thousand dollars. 2. In fiscal year 1995-1996 and each fiscal year thereafter, the amount provided in paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563. E. For the purposes of subsection D of this section, the total cost of water or sewer work does not include services provided by volunteers or donations made for the water or sewer project. F. Notwithstanding the provisions of this section, an agent may: 1. Construct, reconstruct, install or repair a natural gas or electric utility and distribution system, owned or operated by such agent, with regularly employed personnel of the agent without advertising for bids, unless otherwise prohibited by charter or ordinance. 2. Construct recreational projects, including trails, playgrounds, ballparks and other similar facilities and excluding buildings, structures, building additions and alterations to buildings, structures and building additions, with volunteer workers or workers provided by a nonprofit organization without advertising for bids for labor and materials provided that the total cost of the work does not exceed: (a) In fiscal year 2001-2002, one hundred fifty thousand dollars. (b) In fiscal year 2002-2003 and each fiscal year thereafter, the amount provided in subdivision (a) of this paragraph adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563. G. A contribution by an agent for the financing of public infrastructure made pursuant to a development agreement is exempt from the provisions of this section if such contribution for any single development does not exceed: 1. In fiscal year 1994-1995, one hundred thousand dollars. 2. In fiscal year 1995-1996 and each fiscal year thereafter, the amount provided in paragraph 1 of this subsection adjusted by the annual percentage change in the GDP price deflator as defined in section 41-563. H. In addition to other state or local requirements relating to the publication of bids, each agent shall provide at least one set of all plans and specifications to any construction news reporting service that files an annual request with the agent. For the purposes of this subsection, "construction news reporting service" means a service that researches, gathers and disseminates news and reports either in print or electronically, on at least a weekly basis for building projects, construction bids, the purchasing of materials, supplies or services and other construction bidding or planned activity to the allied construction industry. The allied construction industry includes both general and specialty contractors, builders, material and service suppliers, architects and engineers, owners, developers and government agencies. I. Any construction by a county under this section shall comply with the uniform accounting system prescribed for counties by the auditor general under section 41-1279.21. Any construction by a city or town under this section shall comply with generally accepted accounting principles. J. Any construction, building addition or alteration project which is financed by monies of this state or its political subdivisions shall not use endangered wood species unless an exemption is granted by the director of the department of administration. The director shall only grant an exemption if the use of endangered wood species is deemed necessary for historical restoration or to repair existing facilities and the use of any substitute material is not practical. Any lease-purchase agreement entered into by this state or its political subdivisions for construction shall specify that no endangered wood species may be used in the construction unless an exemption is granted by the director. As used in this subsection, "endangered wood species" includes those listed in appendix I of the convention on international trade in endangered species of wild flora and fauna. K. All bonds given by a contractor and surety pursuant to the provisions of this article, regardless of their actual form, will be deemed by law to be the form required and set forth in this article and no other. L. Any building, structure, addition or alteration may be constructed without complying with this article if the construction, including construction of buildings or structures on public or private property, is required as a condition of development of private property and is authorized by section 9-463.01 or 11-806.01. For the purposes of this subsection, building does not include police, fire, school, library, or other public buildings. M. Notwithstanding section 34-221, any agent may enter into a guaranteed energy cost savings contract with a qualified provider, as those terms are defined in section 15-213.01, for the purchase of energy cost savings measures without complying with this article and may procure a guaranteed energy cost savings contract through the competitive sealed proposal process prescribed in title 41, chapter 23, article 3 or any similar competitive proposal process adopted by the agent as long as the agent follows any additional requirements set forth in section 15-213.01. |
| 34-610. Accounting standards; statutory applicability
A. Any construction by a county pursuant to this chapter shall comply with the uniform accounting system prescribed for counties by the auditor general pursuant to section 41-1279.21. Any construction by a city or a town pursuant to this chapter shall comply with generally accepted accounting principles. B. Any building, structure, addition or alteration may be constructed without complying with this chapter if the construction, including construction of buildings or structures on public or private property, is required as a condition of development of private property and is authorized by section 9-463.01 or 11-806.01. For the purposes of this subsection, building does not include police, fire, school, library or other public buildings. C. Section 34-104, section 34-201, subsections A through I, K and L and sections 34-202, 34-203, 34-221, 34-222, 34-223 and 34-224 do not apply to procurement by an agent of construction-manager-at-risk construction services, design-build construction services and job-order-contracting construction services. D. Section 34-201, subsections J and M and sections 34-225 and 34-226 apply to procurement by an agent of construction-manager-at-risk construction services, design-build construction services and job-order-contracting construction services. |
| Title 10 - CORPORATIONS AND ASSOCIATIONS Chapter 19 CORPORATIONS AND ASSOCIATIONS NOT FOR PROFIT Article 1 Cooperative Marketing Associations 10-2001 Definitions 10-2002 Law governing associations 10-2003 Requirements for formation; limitation on association profits 10-2004 Articles of incorporation; amendments 10-2005 Powers of association 10-2006 Bylaws; renewal upon expiration of contract period 10-2007 By?laws concerning property rights of members; amendment 10-2008 Eligibility for membership 10-2009 Membership certificates; voting; liability 10-2010 Appraisal of interest and payment upon withdrawal or expulsion of member 10-2011 General powers of directors; election; compensation 10-2012 Organization of board of directors 10-2013 Removal of officer or director 10-2014 General and special meetings of association; notice 10-2015 Referral to membership 10-2016 Marketing contract; remedies for breach 10-2017 Pilot agreement; list of other agreements; recording 10-2018 Investments; limitation; disposition of profits 10-2019 Annual reports 10-2020 License and other fees; tax exemption 10-2021 Distribution of unclaimed reserves 10-2022 Associations not deemed in restraint of trade 10-2023 Inducing breach of contract; spreading false report; classification 10-2024 Producer?distributor agreement not to join, become or remain member of cooperative or trade association 10-2025 Exemption from security law Chapter 24 GENERAL PROVISIONS-NONPROFIT CORPORATIONS Article 1 Short Title 10-3101 Short title 10-3102 Reservation of power to amend or repeal Article 2 Filing Documents and Fees-Nonprofit Corporations 10-3120 Filing requirements 10-3121 Forms 10-3122 Filing, service and copying fees; public access fund; expedited report filing and access; same day and next day services 10-3123 Effective time and date of document 10-3124 Correcting filed document; articles of incorporation; application for authority to conduct affairs 10-3125 Filing duty of commission 10-3127 Evidentiary effect of copy of filed document 10-3128 Certificate of good standing Article 3 Arizona Corporation Commission 10-3130 Powers Article 4 Definitions, Notice, Private Foundations, Judicial Relief and Religious Organizations 10-3140 Definitions 10-3141 Notice 10-3150 Private foundations; definition 10-3160 Judicial relief 10-3180 Religious corporations; constitutional protections |