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Home My WebLink About2023 01.03 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd g Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,January 3,2023 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. 2 -803 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 22-804 Consideration of approval of minutes of the regular meeting of December 6, 2022. Sponsors: Jennifer Pena Attachments: 2022,12.06 MINUTES 3. 22-309 Consideration of approval to enter into an agreement with Southern Counties Oil Company, DBA SC Fuels in the amount of$800,000.00 for one year, with the option to renew for up to four additional one-year periods. Sponsors: Heather Hodgman Attachments: Council Memo-Bulk Fuel November 2022 Bulk Fuel-November 2022 BC Fuels Agreement E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,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 at this time. City of Apache Junction,Arizona Page 1 Printed on 1212812022 City Council Meeting Agenda January 3,2023 4. 22-72 Presentation of plaque to Vice Mayor Rizzi acknowledging her years of service to the City of Apache Junction. Sponsors: Chip Wilson 5. 22-761 Presentation of plaque to Councilmember Evans acknowledging her years of service to the City of Apache Junction. Sponsors: Chip Wilson 6. 22-763 Oath of Office and seating of newly elected mayor and councilmembers. As required by law, the city clerk will administer the oaths of office to Mayor-elect Wilson and Councilmembers-elect Cross, Schroeder and Soller. Sponsors: Jennifer Pena Attachments: 2023 Swearing In Merno Wilson Chira Cross Darryl Schroeder Robert Boller Swan F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 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. 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. City of Apache Junction,Arizona Page 2 Printed on 12/28/2022 City Council Meeting Agenda January 3.2023 7, Consideration of nomination and selection of vice mayor ao required bv City Code §2-2-2. Sponsors:� Jennifer Pena Attachments: 2023 Selection of Vice�LaygLmemo Roberts Rules 1999v 8, Discussion and designation of acting mayor in accordance with Apache Junction City Code Section 2-2-3 Acting Mayor. This item allows the council tu designate one of its members hube acting mayor during the absence of both the mayor and vice mayor. The person will ba able to conduct meetings and act in the event ofemergency situations. Sponsors: Jennifer Pena Attachments: Acting Mayor City Code 2-2-3 9, Discussion and designation of city council check signatories. City checks require the signature ofo city council member in addition to that of the city clerk. Sponsors: Jennifer Pena Attachments: 2023 Memo K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 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 orTDD(480)983-0005. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant 8oA.R.3. §3D-43Y.03(A)(B;this notice iy given pursuant/n A.FlS. § 38'43/.026x the members of the City Council and the public. City vr Apache Junction,Arizona Page Printed ow1u12umoxe City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-803 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1212812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-804 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of December 6, 2022. City of Apache Junction,Arizona Page 1 Printed on 1212812022 City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Meeting Minutes 300 E.Superstition Blvd Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,December 6,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:01 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Evans led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 6- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Johnson Councilmember Nesser Councilmember Schroeder Excused: 1 - Councilmember Heck Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Evie McKinney, Deputy City Clerk Michael Pooley, Police Chief Heather Hodgman, Administrative Services Manager D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Schroeder to approve the Consent Agenda. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Excused: 1 - Councilmember Heck 1. 22-744 Consideration of acceptance of agenda. City of Apache Junction,Arizona Pagel City Council Meeting Meeting Minutes December 6,2022 2. 22-745 Consideration of approval of minutes of the regular meeting of November 15, 2022. 3. 22-767 Consideration of approval on award of contract to Viasun Corporation for Project#HFS22-34, Asphalt Crushing and Screening Services. This service contract is in partial fulfillment of the Fiscal Year 2023 Capital Improvement & Street Maintenance Plan, and will be done through the Pinal County Cooperative Job Order Contract No.175623 for a total amount not to exceed $156,046.02. This item was presented and discussed at the city council meeting held November 15, 2022. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 4. 2-746 Brief summary of intergovernmental updates from mayor and councilmembers. Mayor Wilson handed out a copy of the annual report for Proposition 400, and stated this will sunset Dec 31, 2025. G. CITY MANAGER'S REPORT 5. 22-747 City Manager's Report. City Manager Bryant Powell expressed his regrets that the Holiday Light Parade was cancelled due to rain. Over 200 children with their families did attend an event later that evening at the Multi-Generational Center. He extended his thanks to all that participated, and to staff for their flexibility. Mayor Wilson stated on a positive note the tree lighting was able to happen in between a couple of rain showers. Vice Mayor Rizzi also gave thanks to Parks and Recreation staff and all the sponsors that were involved, and also admired the decision that was made to cancel the event, based on the safety for all attendees. Mr. Powell also shared the Superstition Food Bank annual golf tournament will be held on December 20, 2022. He mentioned the history and service this organization has offered to benefit some of the needs in the community. 6. 22-756 Announcement of current events. Assistant City Manager Matt Busby provided Council with the update as Mr. Bravo was attending a family event. He mentioned the following: Light The World.org - He and the Mayor attended this annual event, hosted by The Church of Jesus Christ of Latter Day Saints during the Christmas season to provide an opportunity for people to give money to charities through a vending machine process. Saving Paws Rehabilitation Fund - An update submitted by Animal Services Supervisor Lori Erlandson from Apache Junction Paws and Claws was read. This update detailed how and why the organization was formed, as well as the numerous benefits offered by this fund to the Shelter. To learn more, visit www.savingpawsrehab.com. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes December 8.2V22 H. PUBLIC HEARINGS 7' Consideration of application for new Series 6 Bar Liquor License for Apache Creek Golf Club located at 3401 G Ironwood Drive, Apache Junction, AZ. The next step in the process io for the council bz hold a public hearing On the application and make 8 recommendation Of approval or denial to the Arizona Department of Liquor License and CDOtnJ|. Councilmember Nesser moved,seconded by Councilmember Evans that the application for a Series Bar Liquor License submitted by Jared Rapinoki for Apache Creek Golf Club located a6 3401 S. Ironwood Dr. be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 8- Mayor Wilson, Vice Mayor Rizzi, Counci|mumbarEvano. Counoi|mamber Johnaon, Counoi|momborN0000r and Counoi|momborSchroeder No: U Excused: 1 - Counoi|mombnrHock City Clerk Jennifer Pena stated the city received an application for a new Series 6 Bar Liquor License from Apache Creek Golf Club, located at34O1S. Ironwood Drive. She explained they currently hold a Series 7 Beer and Wine and a Series 12 Restaurant Liquor License. She stated the Series 6 and Series 7 are Quota Licenses, and that if council makes the recommendation for the Series 6, the Series 7 and Series 12 will be surrendered. Responses were received by all departments regarding safety inspections, with recommendation for approval. The applicant was in attendance but had no further details to add. Mayor Wilson opened the public hearing, receiving no comments from the pub|io, he o|uoad the public hearing. U' OLD BUSINESS J. NEW BUSINESS B' P[8S8DtGUOO. diSCuSSiOO. and CODSidSr8tiOD of legal advertising agreement with The Arizona Republic for calendar year 2023. The rate for2023 will remain unchanged from 2022. Councilmember Evans moved,seconded by Councilmember Nesser that the legal advertising agreement with Arizona Republic bmapproved. Yes: 8- Mayor Wilson, Vice Mayor Rizzi, Counci|momberEvano. Counoi|mombmr Johnaon, Counci|momberN0000r and Counoi|momborSchroeder No: O Excused: 1 - Counci|mnmberHook City Clerk Jennifer Pena announced the yearly contract with Arizona Republic was up for renewal. The pricing did not change this year and no indication of a future increase has been received. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes December 6,2022 9. 22-758 Presentation, discussion, and consideration of entering into an agreement with Centimark Corporation for the re-coating of the police department roof in an amount not to exceed $52,063.00 using Mohave Contract#18R-CTMK-0418. Councilmember Evans moved,seconded by Councilmember Nesser that the agreement with Centimark Corporation for the re-coating of the police department roof in an amount not to exceed$52,063.00 using Mohave Contract#18R-CTMK-0418 be approved. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Excused: 1 - Councilmember Heck Administrative Services Manager Heather Hodgman described the current condition of the police department roof, and that the last improvement was completed 10 years ago without a warranty. In order to sustain the life of the building this needs to be done now, to include a warranty on the work. She explained Centimark is offering a 10-year warranty on this project. This means no charge to the city for inspections, and they will be the company to complete any future work while under this 10-year warranty. 10. 22-759 Presentation, discussion, and consideration of entering into an agreement with Riddle Painting and Coatings Corporation for the exterior weatherization for the police department not to exceed $60,322.00 utilizing Mohave Contract#20A-Riddle-0404. Councilmember Schroeder moved,seconded by Councilmember Evans that the agreement with Riddle Painting and Coatings Corporation for the exterior weatherization for the police department not to exceed$60,322.00 utilizing Mohave Contract#20A-RIDDLE-0404 be approved. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Excused: 1 - Councilmember Heck Administrative Services Manager Heather Hodgman reported this project had been completed several years ago but only had a 3-year warranty. Currently, rain is seeping into various rooms, and this is a very necessary project to maintain the life of the building. She briefly outlined the scope of work to be done. The warranty included on this proposal will be for a 10-year term. 11. 22-760 Presentation and discussion on entering into an agreement with Southern Counties Oil Corporation, DBA SC Fuel, in the amount of $800,000.00 for one year, with the option to renew for up to four additional one-year periods. Administrative Services Manager Heather Hodgman presented background history of council's previous actions on the RFP for bulk fuel. She explained how fuel proposals are written and what needs to be included in the submission. She informed council on the process staff took that led to their conclusion on the overall best proposal of fuel services for the city. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes December 6,2022 Council inquired if the competition between vendors was close. Ms. Hodgman assured that it was and the final decision for award was based on price. K. COUNCIL DIRECTION TO STAFF 12. 22-757 Direction to staff related to Apache Junction City Code, Volume 1, Section 2-15, Industrial Development Authority, regarding feasibility of dissolution of this body due to lack of activity. This item appeared on the agenda for the city council meeting on November 1, 2022, where it was decided to save the discussion for a later date. Vice Mayor moved,seconded by Councilmember Schroeder that the Industrial Development Authority remain as is,and appoint members as needed in the future. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Excused: 1 - Councilmember Heck Councilmember Nesser explained in the past finding persons to serve on this Commission has been challenging. Reference was made to Apache Junction City Code, Volume 1, Article 2-15, which defines the purpose, membership and terms of office. Council discussion points were: Allow present members to remain until end of term No new appointments or reappointments until they are needed How to recruit new members when necessary Disadvantages if decision is to dissolve the Commission L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 13. 22-749 Executive Session at 6:00 PM for Monday, December 19, and Tuesday, December 20, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Councilmember Schroeder that an Executive Session at 6:00 P.M.for Monday, December 19,and Tuesday, December 20,2022,be held in the city council conference room located at 300 E.Superstition Boulevard in Apache Junction,Arizona, and other meetings scheduled if necessary. Yes: 6- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 Excused: 1 - Councilmember Heck Mayor Wilson called for a motion on the selection of meeting dates, times, locations and purposes. City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes December 6,2022 M. CALL TO PUBLIC Jeremy Jackson, 1353 S. Belair Road, Apache Junction, thanked the Mayor and Council for their time and service. He also shared his appreciation for allowing citizens to address them with comments and concerns, and to be a part of the process. Brenda McAllister, 724 E. Scenic Street,Apache Junction, expressed her concerns regarding the amount of rentals in Apache Junction. She would like to see more single level housing, and she is in favor of good growth but not rapid growth. She suggested placing some type of statue in the center of the round-about, located at State Route 88 and Superstition Boulevard. George Schroeder, 2444 W. Virginia Street, Apache Junction, remarked on the City's Code Enforcement department, and his concerns regarding the funding disbursed to the City of Apache Junction by the State of Arizona. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:02 p.m. ACCEPTED THIS DAY OF 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 12023. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PENA City Clerk 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 , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2023. 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: 22-809 Sponsor: Heather Hodgman Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Consideration of approval to enter into an agreement with Southern Counties Oil Company, DBA SC Fuels in the amount of$800,000.00 for one year, with the option to renew for up to four additional one-year periods. City of Apache Junction,Arizona Page 1 Printed on 1212812022 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: November 22, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Bulk Fuel RFP 22-36 The city issued a Request for Proposal (RFP)for bulk fuel on August 11, 2022 and received two (2) nonresponsive and non-responsible responses. On September 20, 2022, city council approved the rejection of all proposals. On October 26, 2022 city released the second RFP and on November 9, 2022, the city received three (3) responses. Southern Counties Oil Co, DBA SC Fuels • .4746/gal- Red Dyed Diesel • .3046/gal- Clear Diesel • .2195/gal- Unleaded • .2186/gal- E55 Pinnacle Petroleum, Inc • .3865/gal- Red Dyed Diesel • .4947/gal- Clear Diesel • .3634/gal- Unleaded • .6681/gal- E55 Petroleum Traders Corp. • .2267/gal- Red Dyed Diesel • .3067/gal- Clear Diesel • .1808/gal- Unleaded • .2808/gal- E55 Staff respectfully requests entering into an agreement with Southern Counties Oil Company, dba SC Fuels for$800,000 for 1 year with an option to renew for 4 additional years. 575 E. Baseline Avenue, Apache Junction,AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt��.,, t �,tf., F t, a`. x I w r II � x 4%1'�,��j Y'1,,:,v; V6 0"* U N D BACKG RU 2022 City issu ---s 1st Request for Proposals ( RFP"s) 06 rVust responses ecei, ed 2 7 -Responsible Responsive and Non ptr% m ' ber: 20 jection of all "S 2022 City Council approved re l ro,p a d, A os, Is V 4%1'�'��j V6 R "" UEST FOR PROPOSALS EQ nd L 'C ,,er , 26, 2022 City issut:j.. Z- tob Request for Proposals j7V "S 'Oft 2022 City received 3 RFP responses 'hern 'Co, ' n'ties Oil Co., dba SC Fuels "'.!�out U � P,thnade' Petrole' um, Inc. Ak, Petro e u Tra d ers 4%1'�,��j Y'I,,:,v; V6 �A,;ST� Ta:� Y� Conclusion reco ' mend entering into an agreement with Southern Counties Oil --,Staff M s ' ba ,SC,Fuels for $800,000 for 1 year with an option to renew for 4 Compa,ny,,, d 1 10 af n years. AGREEMENT FOR BULK FUEL BETWEEN THE CITY OF APACHE JUNCTION AND SOUTHERN COUNTIES OIL . DBA SC FUELS THIS AGREEMENT is made and entered into by and between the CITY APACHE JUNCTION ("City"), ri municipal corporation, and SOUTHERN COUNTIES OIL CO. DBA SC FUELS, a California i i Partnership ("Contractor"), r "Parties", or individually as a "Par ", for the projected entitledl." RECITALS A. Contractorresponded_ City's request r _proposal on November , 2022 (the "RFP" and response both being considered " i - , in whichr asserts its willingness, ability qualifications to providei ise (hereinafter referred s the "Work"). B. City desiresto enter a writtencontract ith Contractor based on Contractor's . C. City r r desire.... to set forth hereinit respective responsibilities and the manner and ter s upon whichr c r shall render Work.the D. City has complied withis bidding requirements under Arizona Revised t iJunction i I. 1, Chapter Administration, Article - : Procurement Procedures. AGREEMENT NOW, THEREFORE, City retains tr tor to perform, and Contractor agreesin accordance witht conditions as follows: . PROJECT DESCRIPTION: Contractor shall do and performto be performeddone and in a good workmanlikein accordance with the Contract described in the Contract Documents, which includes Il required specificationsin Exhibitdeliveries i i one city workdayr receipt of a telephonic r r as specifiedin the . PRICES: Prices shall be governedr Exhibit A for the performance the r-under the contractDocuments. . PAYMENTS: Payment shall be made by the Citywithin in ( r days after completion l products. Total annual amount 1 of is Agreement shall not exceed Eightr s Dollars and No Cents ( . . QUANTITY: All r t " quantities statedin the Agreementr subject to adjustmentdictated the Cityrequirements. Guaranteed quantities variance i iquantities purchased required during term of the Agreement. 5. CONTRACT f this Agreement shallperformed r , 2023 throughi ci s optionthe renew the Contractr four ) additional - ri s i mutuallyr l in writingParties. If the contract is renewed, l length of the contract shallt exceed fiveyears from the original date of awardr c . The city reserves right it r II one-year O periods by thirty-one ) days. Thisr i i s not limit liability r rfr actual damages sustainedi result any breach of contract or warr r r. Unless6. LABOR AND MATERIALS: r i r !ded in the contract documents, r c r shall provide, pay and insure requisite laws and regulations f materials, equipment, I i t utilities, transportation, t r facilities and services necessary fore proper execution and completion r temporary or permanent, r or not incorporated or to be incorporated in the Work. 7. TAXES: Contractor shall pay all license, sales, consumer, similar s for the Work or portions thereof providedr c r which legally ime bids arereceived t r or not yet effectiver subsequentlyli jurisdictions or bodies otherCity. . PERMITS & FEES: Unlessi i in the Contracts, Contractor shall secure and pay for all permits, government fees, licenses inspections c s r r the proper execution and completionr is r customarily secured after execution of the contractis r II required. Contractor shall give all notices and complyit ll laws, ordinances, rules, regulations and lawful orderspublic r!ty beari performancerk. City permits fori r ill be provided Contractor at no cost. Contractor represents and warrants that any license necessary rm the Work under this Agreement is current and valid. Contractor understands that the activitydescribed herein constitutes " i business in the CityJunction" Contractor agrees to obtain business license r i te 8-2 of the Apachei iVol. 1, and keep such license current ring the term of thisAgreement and after termination is Agreement any time Workis performedpursuant warranty r i i s set forth in SectionContractor Iacknowledges tax provision i i 2 , shall obtain a transactionrivil license and/or other licenses as may be required city activity subcontractors within the corporate city limits will invoke the same licensing regulations subcontractors, Contractor re its subcontractors wil{ obtain any and all applicable licenses. Further, r r agrees to pay all applicable privileges that are applicable activities, products and servicesprovided under this Agreement. . iNDEPENDENT CONTRACTOR: Contractor shall at all times during_ Contractor's performance services retain Contractor'sstatus as an independent r c r. Contractor's employees shall under no circumstances e considered or held ! is of City, i I have obligation to payr withhold state or federal taxes, or provide workers' compensationr unemployment insurance r or on behalfr Contractor. Contractor ! ri direct iimaterials using its best ill and attention. c r i in thisr t r shall be solely responsible for alI means, methods, techniques, sequences procedures, for coordinating I portions of the workrequired by the contr documents. Contractor shall be responsible to Ci r the acts and omissions its employees. . INDEMNIFICATION: the fullest extt permitted bylaw, shall defend, indemnify Id harmless C its elected and appointedofficers, officials, agents, and employees from and against any and all liability including but not limited to demand , claims, actions, fees, costsexpenses, including attorney witness fees, arisingr r connected withalleged have arisen r r connected with, relating to, arisi f, or alleged resulted r negligent, intentional r reckless errors, mistakes, omissions, r r services of Contractor, its agents, employees, r any tier of Contractor's r rs in the performanceis Agreement. Contractor's duty to defend, hold harmless anindemnify C its special districts, elected and appointedis rs, officials, agents, and employees shall arise in connectioni any tortious claim, , loss r expense that is attributableit injury, sickness, disease, r injury impairment, r destruction of property including loss of use resulting ther r I Contractor's negligent, intentional, reckless s, errors, mistakes, omissions, r r services in the performance of thist including Contractor, i t of Contractor'ssubcontractor or any other person for whose errors, mistakes, omissions, work or servicesr may be legally liable. . ENFORCED DELAYSNeither City nor Contractor, as the case , shall be considered not to haver its obligations under this Agreementin the event of enforcedI ( fore I " causes beyond its control and withoutits fault or negligencefailure with applicablelaws, including, restricted c , fires, floods, 3 epidemics, ics, quarantine, restrictions, r s, labor disputes, and unusually severe weatherr the delayssubcontractors r materialmen causes,such acts of a publici t of terror (including not limited i -tern ris r - rr ris ), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extort sabotage, or similar occurrencer any exerciser of eminenti t t l body on behalf of any publicentity, or a declarationmoratorium similar its (whether permanent or temporary) by any public entity directlyaffecting the Project. ill Enforced Delay include Iresultingr unavailability r any reason of labor shortages, or the unavailabilityr any reason of particular consultants, subcontractors, vendors or investors it Contractor in connectionit c . Contractor agrees that Contractor alone will bear all risks is rEnforced . In the event of the occurrence such Enforced Delay, the timei r performance obligations claiming deI Il be extended for a periodthe Enforced Delay; provided, r, that the Party seekingfit of the provisions iSection shall, within thirtyl r such Party knows r should know of any such Enforced1 , first notifyParty the specific { in writingclaim i extension r the period the Enforced Delay; and provided in no event shall a period Enforced Delay exceed ninety . 12. GOVERNING LAW AND VENUE: The terms and conditions f this Agreement II be governedinterpreted in accordancei laws of the State of Arizona. Any actionr in equityr i t Party for the purpose of enforcing i i is provided for in thisAgreement, shall be tried in a court ri ii in Pinal County, State of Arizona. Parties herebyi I provisions of law providingin such proceedingt the event either Party shallbring sit to enforce any term of thisrecover any damagesr and on account of the breach r condition in this Agreement, it is mutuallyagreed the prevailing in such ci shall recover allcosts including: Ilitigation expenses,and appeal collection expen reasonable r es, necessary i s fees and court costs to be determinedin such action. . INSURANCE: Contractor, at its own expense, shall purchase and maintain the minimum insurance r additional requirements r i . All insurance required ri II be maintainedin fullrc t until all work or service required r r the terms r is satisfactorily compI r IIaccepted; failure to do so may, at the sole discretion iconstitute material breach of thisAgreement. Contractor's insurance I be primary insurance as respect o City, insurance rself-insurance maintained ishall not contributei . Any failureto comply i claim reporting r vii s of the insurance polici s r any breachinsurance i rranty shall not affect coverage afforded under the insurance policies c i . The insurance policies, Workers' Compensation, shall contain iv r of transfer rights of recovery (subrogation) against i , its agents, officers, officials and employees for any claims arising out of Contractor'ss, errors, mistakes, omissions, services. The insurance liciprovide coverage is i deductibles r self- insured retentions. i I and/orself-insured retentions ll not be applicable ith respect to the coverage provided i r such policies. Contractor I be solelyresponsible r the deductibleand/or self-insured retention i its option, require r to secure such deductibles or self-insuredretentions by a Surety Bond or an irrevocable and unconditional r i . City reserves the right request and to receivewithin n O working days, certified i r all of the hereinit insurance policies and/or City I not be obligated, review to advise Contractorii i in suchpolicies endorsements, and such receipt II not relieveContractor from, r be deemed a waiveri right insist ict fulfillment of Contractor's obligations r this Agreement. The insurance liciWorkers' Compensation, required by this Agreement, shall name City, its agent, officers, officials I s additional insured parties. RRE_QUIRED COVERAGE Commercial General Liability Contractor shall maintainCommercial General Liability insurance it limit of not less than $1,000,000r each occurrencei $2,000,000 Products/CompletedProducts/Completed Operationsn Limit. The policyinclude coverage r bodily injury, broad form personal injury, coperations and blanket contractual including, but not limited liability s indemnification iions of this Agreement whichcoverage ill be at least as broads Insurance ServiceOffice, Inc. lic -93 or the equivalent thereof. In addition, automobile liabilitycoverage t lmillion r occurrence or a combinedsingle limit t least $1,000,000 isrequired. The auto liability licy should containit s, non-owned autos and scheduled vehicles, as applicableto the Contractor's business. 5 Such policyshall contain severability of interest pr visi , and shallt contain sunsetr vision or commutation clause, nor any provisionis iserve to limit itd party action over claims. The Commercial General Liability additional insured rs i shall be at leastr s the Insurance Servic is c.'s Additional Insured, Form 20101185, r the equivalentthereof, shall include coverage r Contractor's operations r cts and completed operations. If required i , if Contractor sublets any partwork, services r operations, Contractor shall purchase and maintain, II times during prosecution services i under this rCity and Contractor's r t i Liability insurance i it injury damage, including th, which may arisein the prosecutionr c is work, service or operationsr this Contract. Coverage shall be on an occurrence sis with a limit not less than $1,000,000 per occurrence, policy I issued by the same insurance issues Contractor's General Liability insurance. Workers' Compensation (Not Applicableto Sole Proprietorships) Contractor shall carry Workers' Compensationinsurance cover obligations imposed by federal and state statutes havingjurisdiction is employees engaged in the performancer r services; and Employer's Liability insurance of not less than $100,000 for each accident, disease r each employee, and $500,000 diseaselic i i . In case any work is subcontracted, Contractor will require subcontr r t provide r s' Compensation and Employer's Liability to at least extent as required r ct r. CERTIFICATE Prior to commencing r r _services under this r r r shall furnish the Cityi i i , or formal endorsements as required by Agreement, issued Contractor's i r rs , as evidence policies r i i it coverages, conditions and limits it is Agreement are in full force . In the event any insurance polii s required y this Agreementrwritten on a "claims is, coverage shallt ) years past completion acceptance of the Contractor's work or services i l Certificates Insurance, filed i iCity. If a policyit ri life r renewal certificate be sent to City thirty ) calendar days prior to the expirationl Certificates of Insuranceshall be identified wi i serial number and title. Insurance required ri shall not expire, be canceled, r materially changed withoutin O calendar i ritten notice to City. 14. SUCCESSORS. i ION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives the other party heretosuccessors, assigns and legal representatives in respect to allcovenants, agreements and obligations i in the contracti r contract shall assign the contract r sublet it as a wholer delegate the dutiest withoutri r, nor shall Contractor assignmonies becomedue or to r to becomeit without the previousit consent of City. 15. iTTEN NOTICE: Written noticeshall be deemed to have been duly served if deliveredin person to the individual firm or entity, or to an office corporation for whom it wasit r if deliveredt or sent registered certified il, return receipt s first class postage prepaid last businessgives the notice. 16. SAFETY: Contractor and/or its subcontractors shall be solelyresponsible for job safety at all times. 17. RIGHTS & REMEDIES: The duties and obligationsimposed by the contract documents and the rights and remediesit r shall be in addition to and not a limitation of any dui i i , rights and remediesis imposed or available by law. No actionr failure to act by Cityr Contractor shall constitute a waiver of any rightt duty afforded any of them under the contract, r shall any actionr failure to act constitutel of or an acquiescence breachesto any hereunder except as may be specificallyin writing. CONTRACT:18. TERMINATION OF i , for any reason, Contractor shall fail to fulfill in a timelyr manner his/her obligations under the contract, or i Contractor shall violate any of the covenants, agreements, or stipulations contract, i I thereupon have the right i the contractgiving least twenty-four (24) hours writtentictermination and specifying the effecti r . If the contract is terminatedi s provided herein, Contractor will be paidt the time expended, products provided and expenses incurred up to the ter i i Notwithstanding the a , Contractor shall not be relieved liability i r damages sustainedi ittue of any breach of the contract Contractor. 7 . APPEALS: All contractual ri c s shall be submitted in writing to City Manager within five O calendar days after the differenceopinion r grievance occurs relating of the provisionse terms of thisr i i five ( calendar days of receiving ri grievance, i II respond in writingi is decision shallfinal and binding, subject onlyfurther appeal in the PinalSuperior Court pursuant 12-9 01, ets 20. RECORDS: Records r c is labor, payroll and other costs pertaining to this e I be kept on a generallyrecognized i is and made availableto Cityr inspection request. Contractor shall maintain records for a periodO years aftertermination this Agreement, and shall make such records it i t retention ri r examination or i i personnel ri regular i ss hours. . ` : It is mutuallyunderstood r t no alterationr variation of the terms and conditions i II be validunless in writingsigned parties hereto, and that oral understandings or agreements incorporated her i ll not be bindingparties. . ENTIRE AGREEMENT: This Agreementattachments represent entire agreementi r r and supersedeII prior negotiations, representations or agr t , either express or implied, ri r oral. It is mutuallyn r alteration r variation terms and conditionsi I be validunless made in writing signed parties r ri signed I tic l become part of the supporting Isupersede inconsistent provision thr in; provided, however, that any apparentinconsistency shall be resolved, if possible, construing r i ff s as mutuallycomplementary and supplementary. 23. I ITY: City and Contractor each believeexecution, li r and performance i reement are in compliancei I applicable laws. However, in the unlikelyprovision is Agreement is declared void or unenforceable (or is construed as requiring Cityin violation of any applicable s, including any consi i I provision, law, regulation, or i ), such provisionI severed rom this Agreementis AgreementlI otherwise remainin full force and effect; provided that this AgreementI retroactively be deemed reformed reasonably possible in such r so that the reformed r related agreements i e same date) provide essentiallyrights and benefits is and otherwise) to the Partiess if such severance and reformation r required. ss prohibited by applic I laws, ri further shall perform all actscand/or deliver all amendments, instruments is necessary to accomplishi effecto the purposes of this Agreement, as reformed. 24. TIME IS OF THE ESSENCE: Time is of the essence withrespect 1l provisions in this Agreement. Any delay in performanceeither Party shall constitute material breach of thisAgreement INTEREST:25. CONFLICT OF This Agreementis subjectto, and may be terminated i In accordance with, the provisions . PROHIBITION26. BOYCOTT OF THE STATE OF I . The Parties acknowledge through - , as amended, is r ids public entities from contracting with Contractorsin boycotts of the State of Israel. Should Contractor under this Agreementin any such boycott againstIsrael, this Agreementis automaticallyterminated. is a material breach contract ill subject Contractorr s, including limited i I and liquidated . 27. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicabilitye American withDisabilities e Immigration Reform and Cr I Act of 1986 and the DrugrAct of 1989 to the servicesr this Agreement. s required - r r hereby warrants its compliance with all federalimmigration laws and regulations relate to its employees and - ). Contractor further warrants that after hiring an employee, Contractor will verify the employmenteligibility of the empIoyee through the E- Verify program. r uses any subcontractors in performance services, subcontractors shall warrant their compliance withII federal immigration laws and regulations relate its employeesA.R.S. ( ), and subcontractorsII further warrant that after hiring an employee, such subcontractor verifi to employment eligibilitythrough the E-Verify program. r is warranty shall be deemed a material breachis subject to penaIi including termination of i r Contractor is subject to a penaltyr day for the first i I i r day for the second violation, r the third i ion. City at its option may terminateis Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreementif Contractor and/or subcontractors establish compliancei employment verificationprovisions i s 274A and 274B of the federal Immigration and Nati li ct and the E-Verify requirements i iR.S. - (A). City retains the legal right inspect the paper r ct r or subcontractorI s underi r t to ensure Contractor or subcontractor is complying withrr inspection ill afterbe conducted reasonable noticereasonable ti state law is amended, the Partiesi i paragraph sitent with state law. 9 28. I . City has entered into ri s cooperative purchasingt ith other Arizona government agencies, including is Alliance for Volumei " cooperative. is contract may be extended for use by other municipalities, school districts and government agenciesin the State of Arizonai otherapproval of Contractor. Any such usage by iti in accordance with the statutes, codes, ordinances, / rules regulationsive government agency. Orders placed agenciesill be the sole responsibilityi shall not be responsiblei i { transactions others. partiesIN WITNESS WHEREOF the i rc ert t si it i r i i of .. . SOUTHERN COUNTIES I California;1313 S FUELS, a i i Pa s hip: : ar, Corporate Secretary andice P-resident CITY: CITY OF APACHE JUNCTION, an Arizona municipal corporation: Walter"'Chin" ilscn Title: MA r Jennifer City Clerk 1 APPROVED AS TO FORM: Richard r City Attorney 11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validi of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 6th day of December = 20 22 , by Robert W. Bollar proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. XUAN HUONG MORALES W Notary Public.California ... Orange ounty C MMISSIOn 9 2346530 { y Comm.Expires Jul 20,20 (Seal) Signature STATE OF ) COUNTY OF ) The foregoing ribed and sworn to beforei day of-m -, CountiesSouthern it Co. dba SC Fuels, a CaliforniaLimited r r i Notary Public My Commission it STATE OF ARIZONA COUNTY OF PINAL The foregoing_ subscribedrthis day of 20—, by Walter "Chip" it r of the City Junction,Apache Arizona, an Arizonamunicipal i . Notary Public_ My Commission it 2 Exhibit 1 ExhiExhibit COSTPROPOSAL PROJECT NO. PW 22-36 FIRM/COMPANY: Southern Counties Oil Co., a California Limited Partnership dba SC Fuels CONTACT - Karen Koe 1800 W, Katlla Ave., Suite 400, Orange, CA 927 TELEPHONE: 71 -7 -71 0 ext 3550 _ I fuel.bids@,scfuels.com r purposes of this i , the Bidder shall use is Cost Proposal Form for the OPISdaily average for November 4, . The Bidder's signing is form will attestt a pricing put forth on thisform. The nit price/gallon as illustrated belowII include IS daily averagerice /- discount r mark (Differential), li r (Freight),taxes, and other charges with the total differential overall. The unitriet ll shall be carrieddecimal places as illustrated beI . Delivery accepted y through Thursday t the hours of 6:30 Unhlftw Red DyedDiesel Tank. 2,000 Gallons Clear Dyed DieselGallons Unleadedl Tank: 10,000 Gallons l Gallons Location r iinl i r i I rei Taxes Other- Total "Unguarantee Charges Differential " Quanti, v 7 lteml:+/-3,000nc(u s Baseline Ave, gallons of Red 9.1% Apache Dyed Diesel Sales Tax Junction, l 7 1 1 7 � .�., �._.. _ ..m.._, 11 75 _- It 2:-+/- Baseline Ave, 15,000 gallons Apache of Clear Diesel 05 061 . 731 0.021 3046 Junction,AZ Fuel 85119 � 575E — . It :+1 Baseline Ave, 20,000 gallons Apache of Unleaded 519 . 7 0,1 29 0.021 0.2195 Junction, Z Fuel ��, - , 11 14 575 E Itemr- Baseline Ave, 20,000 gallons Apache of E55 Fuel 1 1 Junction, 86 11 locationGuara ednte Differential Freight Taxes ' Gther Total " r rDifferential 575 E I 1: , nclues BaselineAve, gallonsa -1% Apache Diesel ales T Junction, Fuel -0. 1 1 0.04669 11 ,.tea -,- .�� .:,_ �..,,,..�.. .��.. 575E Item 2:40,000 BaselineAve, gallons f Clear Apache it Fuel _0 05 1 271 0.01 27 Junction, Z 85119 575 I 3: , BaselineAve, gallons f Apache Unleaded Fuel 1 1 1 15 Junction, _ , ., . . 2 11 575 E I 10,000 BaselineAve, gallons of E55 Apache Fuel Junction, AZ 0.0519 ]. , 575 0.1920 .014 0.2116 11 1 aoUnIR 3d 1 hooll 0 im, r ress 2636 SIr n eo Delivery accepted Monday through Thursday e n the hours of a4:00 pm (June to August) Delivery accepted Monday throughFriday n the hours5:30 pm (August to June) Tan IZ Unleaded Fuel Tank: 6,000 Gallons Red Dyed Diesel : 12,000 Gallons Location Traditional Differential Frei s ter Total "Unguarantee Charges Differential " Quantitx- 2535S It 1: /-6,000 Ironwood, gallons of Apache Unleaded Fuel Junction, AZ 511 S I :Ironwood, 70,000 gallons Apache of Red Dyed Junction,AZ diesel fuel 11 c io r i eri I Frei Taxes Other ToCa-1 - "Taker Charges Differential y>, . a u titr 2535 S Item 1: 6,000 Ironwood, gallons of Apache Unleaded Junction, Fuel .. m AZ 11 2535S It : Ironwood, Apache gallons of Junction, Red Dyed AZ 85119 Diesel Fuel Date i r Edward A. Wondergem i �F , Tre surer, and SIP Printed 1 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-762 Sponsor: Chip Wilson Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Presentation of plaque to Vice Mayor Rizzi acknowledging her years of service to the City of Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 1212812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.5. File ID: 22-761 Sponsor: Chip Wilson Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Presentation of plaque to Councilmember Evans acknowledging her years of service to the City of Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 1212812022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-763 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Oath of Office and seating of newly elected mayor and councilmembers. As required by law, the city clerk will administer the oaths of office to Mayor-elect Wilson and Councilmembers-elect Cross, Schroeder and Soller. City of Apache Junction,Arizona Page 1 Printed on 1212812022 CityApacheof Junction 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net December 20, 2022 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: PROTOCOL FOR JANUARY 3, 2023, COUNCIL MEETING— SWEARING IN CEREMONY At the January 3, 2023, council meeting a "changing of the guard" of sorts will take place when I swear in the mayor and three council members. In order to accomplish this transition with the honor and dignity it deserves, I will be coordinating the ceremonies that are scheduled for the evening. Since each of you will be a participant, I ask that you please review the following procedures and let me know if you have any questions. 1. Mayor Wilson will call the meeting to order. The invocation will be followed by the Pledge of Allegiance and then Roll Call. 2. Current council will take action on the items listed on the Consent Agenda. 3. Mayor Wilson will read any proclamations or awards that are listed on the agenda. 4. Mayor Wilson will then recognize outgoing Vice Mayor Rizzi and Councilmember Evans. 5. 1 will then administer the Oaths of Office. 1 will request Mayor Wilson be sworn in first. Then I will ask Councilmember Schroeder, then newly elected councilmember Darryl Cross and Bryan Soller. During this swearing in I will also present them with their certificate of election. 6. During this time the Deputy City City Clerk will replace name plates which will also indicate where you will be seated at the dais. 7. After all oaths have been taken, I will announce to Mayor Wilson that all the requirements of state law and city code have been met and that the members of the Apache Junction City Council are ready to assume their official duties. Home of the Superstition Mountains CityApacheof Junction 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net 8. The mayor and councilmembers will have the opportunity to comment and introduce visiting officials, special guests and family members to the audience. 9. Following the comments and introductions, the meeting will proceed with the remainder of the agenda. Photos can be taken with family in front of the dais after the meeting adjourns. 10. There will be a reception in the lobby at the conclusion of the meeting. Home of the Superstition Mountains City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) ) SS COUNTY OF FINAL ) I, Chip Wilson, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction;that I will bear true faith and allegiance to the same,and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Mayor according to the best of my ability, so help me God. Chip Wilson Mayor Subscribed and sworn to before me this 3rd day of January 2023. Jennifer Pena City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) ss County of Pinal 1, Darryl Cross, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. Darryl Cross Councilmember Subscribed and sworn to before me this 3rd day of January 2023. Jennifer Pena City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) ss County of Pinal 1, Robert Schroeder, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. Robert Schroeder Councilmember Subscribed and sworn to before me this 3rd day of January 2023. Jennifer Pena City Clerk City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) ss County of Pinal 1, Bryan Soller, do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Councilmember according to the best of my ability, so help me God. Bryan Soller Councilmember Subscribed and sworn to before me this 3rd day of January 2023. 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: 22-764 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Consideration of nomination and selection of vice mayor as required by City Code §2-2-2. City of Apache Junction,Arizona Page 1 Printed on 1212812022 CityApacheof Junction 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net December 20, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: SELECTION OF VICE MAYOR Section 2-2-2 of the City Code requires that at the first meeting in January following the City Council election, the members of the City Council "shall select one of its members as vice mayor who shall serve at the pleasure of the Council". A copy of this section of the Code is attached. The nominations and election procedure ordinarily followed are those prescribed by Robert's Rules of Order. For your reference, I am including a copy of these procedures as found in the officially adopted Webster's New World Robert's Rules of Order, 1999 Edition. Since the Apache Junction City Code requires that all public council votes be done by roll call, the procedures you need to follow are found under "Nominations from the Floor" (p.182), "Election by Voice Vote" (p. 185) and "Election by Roll Call Vote" (p.186). Please contact me if you have any questions. Home of the Superstition Mountains k iy 182Nominations and Elections ` ;Nominations 183 i r, t ] ih } Nominations,from the Floor tt�' Y As soon as the president opens nominations from ber realizes that he or she will be unable to serve if elected, ?t <, the floor, any member can bring forth a nomination. the member should stand arid'request that his or her However, the rules for a member nominating a cand -= name be removed from nomination. It is better to re- date are the same as for. the:,nominating committeei A member should.know if the person he or she wishesrto to serve. move your name during the nomination process than after you are elected. U�t nominate is eligible to serve and if the person,is willing s " When the nomination is from the floora .. t.± 1. A member does not have to get recognition, and roften in small assemblies a member can call out a name while still seated. 2. .A'nomination does not need a,second.. 4 P 4 f i 3. A member'can be nominated for more than one office. k , 4. A member can't nominate more than one person for ,an-office until everyone has had the opportunity to „ts make nominations-,, S. After ieach.nomination, the:president,;repeats the name to. the, assembly. For example,,,the,president :would say President Denise Harmon; for`president.Are there ' fU H r'n`''inations`foe president? ` 6. A motion,to:close,,nominations is.usually not neces- sary unless it becomes•apparent that-members: are nominating people just to honor them,and that the nominees;have no,intention Hof,serving. 7 'Usually the president'closes nominations when no further''nominations are coming forward from the assembly. F f Elections 185 186 Nominations and Elections only those members who are willing to serve When more,.than one person has been nominated the meeting, y I are on the list. and the election is by voice, the chair takes the vote on the candidates in the order in which they were nominated. Members must remember to vote yes for the candi- date they want and,,vote,no,for the other candidates I ELECTIONS as they are voted on". The first candidate to receive a majority vote wins. After the nominating process is finished, the members The presiding officer takes the vote this way: must vote on the proposed candidates. If the bylaws do not state how the vote is to be taken,a member can make President: ',All'those in'favor of Member'G'for president, an incidental motion regarding how to take the vote. If say 'Aye." Those opposed,say'"No." the bylaws state that the vote must be taken by ballot, Then the president announces the vote: even if there'is only one candidate for each office, the vote must nevertheless be taken by ballot. A ballot vote President: The�ayes have it, and.Member G is elected still allows the members to write in a candidate's 2president: s name. If the bylaws require a ballot vote, the members must vote by ballot even if all candidates are running If Member G loses,-the chair.announces it this way: unopposed. It is out of order to ask one person (for President: TheTnoes have it,and Member G isnot!, example,the secretary)to cast the electing ballot for the elected.,All those in favor of,Member�X;for N entire assembly.Such a motion is wrong because it takes sa "A e"Those opposed, "No." away members' rights to write in a candidate. -presidenty' y PP y sa, a ' The vote for election can.be taken by Then the preside i t'announces the results of this i vote:This procedure continues until someone receives a 1. Voice majority vote. 2. Ballot When-more than one candidate is nominated,the prob- lem with-a voice vote is that those nominated first are more likely to get elected. If there is a motion to make an elec- 4. Cumulative voting tion'by voice vote unanimous that'vote must be by ballot. 4 If there is one"no"vote,the election.is not unanimous. i ;i :7 Election by Voice Vote When there is only one candidate for office, election by : I voice vote is a good method to use if the bylaws do not stipulate how the election should take place. However, ; anytime.an election is by voice vote, members forfeit II their right to write in a candidate. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-765 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Discussion and designation of acting mayor in accordance with Apache Junction City Code Section 2-2-3 Acting Mayor. This item allows the council to designate one of its members to be acting mayor during the absence of both the mayor and vice mayor. The person will be able to conduct meetings and act in the event of emergency situations. City of Apache Junction,Arizona Page 1 Printed on 1212812022 § 2-2-3 ACTING MAYOR. In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. § 2-2-4 POWERS AND DUTIES OF THE MAYOR. The powers and duties of the Mayor shall include the following: (A) Be the chief executive officer of the city; (B) Be the Chairperson of the Council and preside over its meetings during which the making and seconding motions and having a voice and vote in all its proceedings; (C) Execute and authenticate by signature such instruments as the Council, or any statutes, ordinances, resolutions or this Vol. I shall require; (D) By proclamation, declaring a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or human-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the city. After declaration of the emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the city, including but not limited to: (1) Imposition of a curfew in all or any portion of the city; (2) Ordering the closing of any business; (3) Closing to public access any public building, street or other public place; and/or (4) Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. (E) Performing other duties required by state statute and this Vol. I as well as those duties required as chief executive officer of the city. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-766 Sponsor:Jennifer Pena Agenda Date: 1/3/2023 Index: In Control: City Council Meeting Discussion and designation of city council check signatories. City checks require the signature of a city council member in addition to that of the city clerk. City of Apache Junction,Arizona Page 1 Printed on 1212812022 CityApacheof Junction 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net December 20, 2022 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: JENNIFER PENA, CITY CLERK SUBJECT: DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES In accordance with the recommendation of our auditors and the requirements of the banks that handle city bank accounts, city staff is requesting that formal action be taken by council to ratify those elected officials who will be authorized to sign city checks. This action is appropriate at this time since technically this is a "new" council with new term expiration dates. City checks require two signatures including one from a member of the city council in addition to the signature of the city clerk as ex officio city treasurer. Traditionally, a minimum of two designated signers have been chosen from among our elected officials including the mayor, and/or vice mayor or a council member. I recommend that you use the elected title of the nomination in your motion. As an example: I move that Mayor and Councilmember (even if this is the Vice Mayor) be designated as city check signers in addition to the city clerk. Please contact me if you have any questions. Home of the Superstition Mountains CITY COUNCIL MEETING ROLL CALL Date: dos Work Study Regular Special S; E: S. ; CITY CIL: "resent excu pr„,;€ t b/excu Nesent b enu MAYOR WILSON MICE MAYOR ZZI _., COUNCIL RER EVANS �COUNCILMEMBER HECK .. ... COUNCILIVIEMBER JOHNSU _. e COUNCILMEMBER NESSER COUNCILMEMRER SCHROEDER TOTAL CITY Present � Ab excu Present Ab/excu t're5ent Ab?exctr City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Jennifer Pena Cit Attorney Joel Stern Assist to ► y ana er - Anna cCray w Public Information Officer Al Bravo Public Safety Director Michael Pooley Dev Services Director Rudy Es uivias P V Director Parks& Rec Director Liz Langenbach I EIS Director Patrick Ainsworth Library Director Pang Harrison Finance Director Leslie I eReche HR Director 4p6opirn Anna McCray ,�.. ._w.�__.__....... ... Water District Director MikeLoggirts Municipal Judge A. Chug LaSota Deputy City Clerk Evie McKinney Int.Planning Manager Sidney Uria Building&Safety Mngr Adrian Alegria Senior Planner Planner Kelsey Schattni _. Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid s . �. ,; City Council VOTE - ROLL CALL IT MEETING OF MOTION BY: SECONDED BY: 01- NOTES:_L,�� 2' ................. YES NO ABSTAINED CITY COUNCIL COLINCILMEMBER SCHROEDER VICE MAYOR RIZZI v C�UNCILMEMBER NESSER COUNCILMEMBER EVANS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms Vote Call—City Council City Council VOTE - ROLL CALL c r) ITEM# MEETING OF -- MOTION Y; SECONDED BY: INOTES: L �uYES NO ABSTAINED CITY COUNCIL: .. A w . e OLINCILMEMBER SCHROEDER �. COUNCILMEMBER NESSER CC?C11�CILMEMBER GOUNCILM EMBER JOH#SON d COUNC IL IUTAYOR WILSOdd `,/ TOTAL ]3 UNANIM INFAVOR, OPPOSEDST I E TOTAL �. Vote sheet S:1 5—Templates&Forms Vote Call-City Council City Council VOTE - ROLL CALL ITEM # ' MEETING .� MOTIONBY: SECONDED �- NOTES: YES NO ABSTAINED ° E CI COUNCIL s —v.._a COUNCILMEMBER SCHROEDER COUNCILMEMBER s COUNCILMEMBER NESSER COUNCILMEMBER COUNCILMEMBER HECK V111, COUNCILM JOHNSON MAYOR WILSON mTOTAL I UNANIMOUS IN FAVOR ' OPPOSED ABSTAINER TOTAL Vats sheet S.J S—Templates&Forms Nate tell--City Council City Council VOTE - ROLL CALL MOTION Y: � SEA BY: NOTES: zYES NO ABSTAINED ..................._ CITY COUNCIL; S } COUNCILIVIEMBER=NESSER COUNCILMEMBER JOHNSON ` COUNCILMEMBER, .. -COUNCILMEMBER HECK U COUNCILMEMBER,SCHROEDER w .: a..-- ,, ee'�—.. .. , b m -, J MAYORIL _. _ w a._ro TOTAL UNANIMOUS _ IABSTAINED Vote sheet S:/5-Templates Forms Vote Call-City Council E CIO C) CN CD M co 3 a ' 4£S _ + != W E cu _ c co C tU t? C . ui a. 5 4 C 5 'cn m a33 a) 4 0 `0 m M - 15 >:t-- C0 W cc CO 4? 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