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HomeMy WebLinkAbout2025 01.07 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 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,January 7,2025 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. 24-956 Consideration of acceptance of agenda. Sponsors: Evie McKinney 2. 24- 57 Consideration of approval of minutes of the regular meeting of December 17, 2024. Sponsors: Evie McKinney Attachments: CCMIN 2024 12 17 MINUTES DRAFT 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 11212025 City Council Meeting Agenda January 7,2025 3. 24-979 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 Heck, Johnson, and Nesser. Sponsors: Evie McKinney Attachments: 2025 Swearing In Memo Wilson, Chip Heck Peter Johnson. Bambi Messer,Tess 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. 4. 24-958 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors: Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 5. 24-959 City Manager's Report. Sponsors: Bryant Powell 6. 24-960 Announcement of Current Events. Sponsors: Eli Richardson 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. City of Apache Junction,Arizona Page 2 Printed on 11212025 City Council Meeting Agenda January 7,2025 7. 24-96 Presentation and discussion on draft Ordinance No. 1561, a continuation of the 0.2% transaction privilege license tax dedicated to public right-of-ways, and draft Ordinance No. 1562, a continuation of the 0.2% transaction privilege license tax dedicated to Public Safety Personnel Retirement System expenses. Sponsors: Matt Busby Attachments: ORDINANCE NO 1561 ORDINANCE NO 1562 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. 8. 24-995 Presentation, discussion and consideration on the renewal of contract agreement for Pinal County Technology Consortium Operations Sponsors: Pamela Harrison Attachments: Memo To Council Pinal County Technology Consortium Aereement 2024a2035 Apache Junction �ibrary LOA 2024-2035 9. 24-930 Consideration of nomination and selection of vice mayor as required by City Code §2-2-2. Sponsors: Evie McKinney Attachments: 2025 Memo for Selection of Vice Mayor Robert's Rules Nominations and Elections 10. 24-953 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. Sponsors: Evie McKinney Attachments: Acting Mayor City Code 2-2-2 11. 24® 35 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. Sponsors: Evie McKinney Attachments: 2025 Memo for Designation of Council Check Signatories K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 11212025 City Council Meeting Agenda January 7,2025 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker,-2)ask the city manager to review a matter,- 3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480)983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 4 Printed on 11212025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 24-956 Sponsor: Evie McKinney Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 24-957 Sponsor: Evie McKinney Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of December 17, 2024. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 City of Apache Junction, Arizona Meeting location: City Council Chambers Meeting Minutes at City Hall 300 E.Superstition Blvd CityCouncil Meeting Apache Junction,AZ g 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Tuesday,December 17,2024 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:00 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Heck gave the invocation and Councilmember Soller led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Evie McKinney, Acting City Clerk Joel Stern, City Attorney Kayla Fulmer, Director of Marketing and Communications Johnny John, Assistant Police Chief Rudy Esquivias, Development Services Director Ted Wolff, Public Works Director Liz Langenbach, Parks& Recreation Director Angelie Hawley, Finance Director Anna McCray, Human Resources Director Sidney Urias, Planning Manager Nicholas Leftwich, Planner Rob Wisler, Management Analyst Eli Richardson, Management Analyst D. CONSENT AGENDA Councilmember Cross moved,seconded by Councilmember Soller to approve the Consent Agenda. City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes December 17,2024 Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 1. 24-819 Consideration of acceptance of agenda. 2. 24-824 Consideration of approval of minutes of the regular meeting of December 3, 2024. 3. 24-952 Consideration of approval of Resolution No. 24-37, a Federally Patented Easement (FPE) Extinguishment of Chaparral Road (alignment)from Scenic Street to Virginia Street for purpose of future development with the acknowledgement that current setback remain in place until the utility easement is extinguished. 4. 24-953 Consideration of approval of agreement with Gruber Power Services for the removal and replacement of a 1000AMP DB-SES/Distribution Panel Board at the Apache Junction Public Library. This purchase will be made utilizing the State of Arizona Cooperative Contract Number CTR063425 in an amount not to exceed $296,689.30 which includes a 10% contingency. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 5. 24-829 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Cross and Mayor Wilson attended the Pinal Partnership Meeting on December 13, 2024. The economic forecast for Pinal County was discussed. The projection is an overall slow down with construction and lower home prices. Mayor Wilson also attended the Gila River Indian Community Water Rights Day on December 10, 2024, at the Sheraton Grand at Wild Horse Pass. This is an annual event that commemorates the 2004 Water Settlement Act and the importance of water to the community. Announcements included the future addition of solar panels over the canals and the benefits of such a project. Mayor Wilson shared the Phoenix Mesa Gateway Airport voted to change their name to Mesa Gateway Airport. Mayor Wilson went on a flight with the Air National Guard and he was able to experience an in flight refueling of a F35 plane. He stated this brought back memories from his time when he served in the Air Force. Mayor Wilson shared photos and spoke about the recent City events, Shop with a Cop and the Christmas tree lighting. Both events were well attended and enjoyed by all. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes December 17,2024 G. CITY MANAGER'S REPORT 6. 24-834 City Manager's Report. City Manager Bryant Powell spoke about the community Open House for Superstition Radiance Development. An estimated 1,000 people attended and toured the new community center and the amenities. Mr. Powell also shared the Council's holiday card that went out to all the cities and towns wishing everyone happy holidays from the City of Apache Junction. 7. 24-839 Announcement of Current Events. There was no announcement of current events. H. PUBLIC HEARINGS 8. 24-968 Consideration of application for a new Series 10 Beer and Wine Store liquor license for ARCO AM PM located at 745 S. Ironwood Drive, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Councilmember Heck moved,seconded by Councilmember Johnson that the application for a Series 10 Beer and Wine Store Liquor License submitted by Jamal Abdallah for ARCO AM PM be recommended for approval to the Arizona Department of Liquor Licenses and Control. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Acting City Clerk Evie McKinney stated the city received an application for a new Series 10 Beer and Wine Store Liquor License for ARCO AM PM located at 748 S. Ironwood Drive, on November 14, 2024, and the Notice of Posting was placed at the establishment on November 26, 2024. The posting requirement has been met with no comments from the public. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Planning and Zoning Department, Building and Safety Division and the Superstition Fire and Medical District. Comments from Development Services and the Fire District included this establishment is still under construction but close to final inspection, which will corroborate building code compliance in order to obtain a Certificate of Occupancy. Also noted is that this property is properly zoned B-1 Commercial and does meet the separation requirement from any school. All four entities find compliance with the inspection requirements and recommend approval. Council had no concerns. Mayor Wilson opened the Public Hearing, receiving no comments from the public, he closed the public hearing and asked for a motion. City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes December 17,2024 9. 24-972 Presentation, discussion, public hearing and consideration of Ordinance No. 1560, of case P-24-64-PZ, a proposed rezoning of the north half of Parcel 101-20-008A, located at the southwest corner of 2nd Avenue and Colt Road, requested by Tim & Kristi Sheahan to rezone the subject site from High Density Multiple-Family Residential (RM-2) to General Rural Low Density Single-Family Detached Residential (RS-GR)to allow for the construction of their personal single-family residential home. Councilmember Soller moved,seconded by Vice Mayor Schroeder that Ordinance No. 1560 be read by title only and the reading of the entire ordinance be waived. Motion passed unanimously. Acting City Clerk McKinney read Ordinance No. 1560 by title only, repealing any conflicting provisions; and providing for severability Councilmember Soller moved,seconded by Councilmember Johnson that Ordinance No.1560,as read by the city clerk be approved and adopted. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Planner Nicholas Leftwich presented the summary of Ordinance No. 1560. Summary P-24-64-PZ is a proposed rezoning requested by Tim & Kristi Sheahan to rezone the north half of Parcel 101-20-008A, approximately 2 net acres, from High Density Multiple-Family Residential (RM-2)to General Rural Low Density Single-Family Detached Residential (RS-GR)to allow for the construction of their personal single-family residential home. Planning &Zoning Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-24-64-PZ on November 12, 2024. The staff report and exhibits presented to the Planning and Zoning Commission, as well as a petition of support signed by neighbors to the subject property,can be viewed as a separate attachment in the agenda. During the meeting the Planning and Zoning Commission evaluated the rezoning proposal and subsequently voted 4-2 to recommend the denial of P-24-64-PZ. The Commission's discussion cited concerns that the rezoning conflicted with the General Plan and that allowing a single-family residential rezoning in the Downtown Planning Area would set the wrong precedent. Councilmember concerns included if the general plan allows for revisions, confirming this will be the applicant's own residence, why the Planning and Zoning Commission denied this and if the proposed residence is similar to neighboring properties. Mr. Leftwich replied to all concerns. City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes December 17,2024 The applicants Tim and Kristi Sheahan spoke about why they want to build their residence on this property and the reason for the rezoning request. Councilmember Heck inquired why it took them several years of owning the land to want to build their home on it. Mr. Sheahan replied to Councilmember Heck. Vice Mayor Schroeder and Councilmembers Cross and Soller expressed being in favor of this Ordinance. Councilmember Heck shared his concerns about deviating from the master plan and a possible influx of more rezoning requests. Councilmember Johnson stated the master plan allows for revisions for this type of change. Mayor Wilson opened the Public Hearing. Steve Harshman expressed he is against the Ordinance and the general plan should be maintained. Justin and Sharman Miller, 120 S. Colt Road, Apache Junction, stated they are in favor of the rezoning. Cody DeFer, 190 S. Colt Road,Apache Junction, shared he is in favor of the rezoning and would rather have one residence on this land. Donna Carr, 2178 W.Virginia Street, Apache Junction, stated she is in favor of the rezoning and having one home on a larger property. Mayor Wilson closed the public hearing and asked for a motion. I. OLD BUSINESS J. NEW BUSINESS 10. 24-973 Presentation, discussion, and possible consideration of rejection of proposals for Prospector Park drainage improvements, RFB #P&R PP Drainage 2024-007, due to being over budget. Councilmember Cross moved,seconded by Vice Mayor Schroeder that the rejection of proposals for Prospector Park drainage improvements,RFB#P&R PP Drainage 2024-007 be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 City of Apache Junction,Arizona Page 5 City Council Meeting Meeting Minutes December 17,2024 Parks and Recreation Director Liz Langenbach presented that on October 19, 2024, the city issued a Request for Bid for drainage improvements. On November 13, 2024, the city received seven responses: Pacific West LLC, Neve LLC, Primary Construction, Inc., Scholz Contracting LLC, W.W. Clyde & Co., Red Point Contracting, Degan Construction. The responses were reviewed and found that all the vendors were over budget. Parks and Recreation staff respectfully request to reject all responses for RFB#P&R PP Drainage 2024-007 and go back out for bids. Councilmember concerns included what changes were made to the project to account for lower bids and if the removed items from the project will affect the long term outcome and cause issues. Ms. Langenbach responded to all concerns. 11. 24-92 Discussion and consideration of Resolution No. 24-42, approving the incorporation of a corrected legal description of the district boundaries of Superstition Vistas Community Facilities District No. 2 in the First Amendment to the Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement to which the City is a party. Mayor Wilson moved this to be as the first item of New Business. Councilmember Soller moved,seconded by Councilmember Nesser that Resolution No.24-42, approving a corrected legal description of district boundaries in Superstition Vistas Community Facilities District No.2,as set forth in an amended intergovernmental and development agreement be approved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller No: 0 Special Counsel to the City for Community Facilities District(CFD) matters Zach Sakas, Esq. with Greenberg Traurig, LLP, presented Resolution 24-42 is to amend the boundaries for Superstition Vistas Community Facilities District No. 2. There was one mismatch between the revised boundary and Arizona State Land records of about 33 and a half feet. The Resolution will amend the legal description that is attached to the development agreement. Council had no concerns. City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes December 17.2024 12. 24-986 Discussion and consideration of employment agreement appointing Thomas C. McDermott ae the Apache Junction Presiding Magistrate for 8 term 0f two years from January 2, 2O25. through January 2. 2U27, pursuant io Apache Junction City Code, Vol |.' 85-1-3(A). Councilmember Johnson moved,seconded by Councilmember Nesser that the employment agreement appointing Thomas C. McDermott as the Apache Junction Presiding Magistrate for a term of two years,from January 2,2025,through January 2,2027, pursuant to Apache Junction City Code,Vol|..054'3beapproved. Yes: 7- Mayor Wilson, Vice Mayor Schroeder, Counoi|momborNoeoor. Counoi|mombor Heok, Counoi|mamborJohnoon. Counoi|mombor Cross and Counni|mombor SoUer No: U City Attorney Joel Stern introduced Thomas C. McDermott as the Apache Junction Presiding Magistrate. There were 20 applications submitted for this position and out of those, 10 people were interviewed byCouncil. ThomaoC. McDermott was chosen for a two year contract with a start date uf January 2. 2025. Mr. Stern also spoke of his extensive background and experience. Mr. McDermott thanked the Council and shared his hope to make the Municipal Court a model of fairness and efficiency. Counoi|membnm had nnquestions. K. COUNCIL DIRECTION TO STAFF L. SELECTION OF MEETING DATES, lFK&0ES, LOCATIONS, AND PURPOSES M. CALL TO PUBLIC James Boerigier, 1054 E. Roosevelt, Apache Junction, spoke about esophageal cancer being on the rise and symptoms to look out for. Donna Carr, 2178 W.Virginia Street, Apache Junction, expressed her frustration with neighbors aiming cameras in other people's backyards. Mo Muhiuddin, 2304 N. Cortez Road, Apache Junction, commented on a property south of his business, the Hitching Post, with possible code compliance violations and no business license. Andre K4eak. 1327S. Ba|airFload. Apache Junction, commented on feeding the bind issue that was brought upatu recent Council meeting. Councilmembers asked Staff to look into the property south of the Hitching Post. N. ADJOURNMENT Mayor Wilson adjourned the meeting atV:11p.mm. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes December 17.2024 ACCEPTED THIS DAY O . 2025. BY THE MAYOR AND CITY COUNCIL{)F THE CITY{}FAPACHE JUNCTION, AR|Z3NA. SIGNED AND ATTESTED TO THIS DAY OF . 2025. VVALTEF<^CH|P''VV|LSON Mayor ATTEST: EV|EK4CK|NNEY Acting City Clerk City vr Apache Junction,Arizona Page City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.3. File ID: 24-979 Sponsor: Evie McKinney Agenda Date: 1/7/2025 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 Heck, Johnson, and Nesser. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 CityApacheof Junction ' . a 14,_, 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net December 24,2024 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: EVIE MCKINNEY,ACTING CITY CLERK SUBJECT: PROTOCOL FOR JANUARY 7, 2025, COUNCIL MEETING— SWEARING IN CEREMONY At the January 7, 2025, council meeting, swearing in of the 2024 elected mayor and city council members will occur. To accomplish this transition with the honor and dignity it deserves, the following details are provided for conducting the evening's meeting. 1. Mayor Wilson will call the meeting to order. The invocation will be followed by the Pledge of Allegiance and then Roll Call. 2. The current city council will act on the items listed on the Consent Agenda. 3. There are no outgoing city council members so administering the Oaths of Office will then begin. 4. Mayor Wilson be sworn in first: then, in alphabetical order: Councilmember Heck, Councilmember Johnson, and then Councilmember Nesser. Certificates of election will be presented at this time. 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. 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 PINAL ) 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 7th day of January 2025. Evie McKinney/Notary Acting City Clerk My Commission expires: City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, Peter Heck, 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. Peter Heck Councilmember Subscribed and sworn to before me this 7t day of January 2025. Evie McKinney/Notary Acting City Clerk My Commission expires: City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, Bambi Johnson, 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. Bambi Johnson Councilmember Subscribed and sworn to before me this 7th day of January 2025. Evie McKinney/Notary Acting City Clerk My Commission expires: City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pinal ) ss City of Apache Junction ) I, Tess Nesser, 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. Tess Nesser Councilmember Subscribed and sworn to before me this 7f day of January 2025. Evie McKinney/Notary Acting City Clerk My Commission expires: City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 24-958 Sponsor: Chip Wilson Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.5. File ID: 24-959 Sponsor: Bryant Powell Agenda Date: 1/7/2025 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 24-960 Sponsor: Eli Richardson Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Announcement of Current Events. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 24-996 Sponsor: Matt Busby Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Presentation and discussion on draft Ordinance No. 1561, a continuation of the 0.2% transaction privilege license tax dedicated to public right-of-ways, and draft Ordinance No. 1562, a continuation of the 0.2% transaction privilege license tax dedicated to Public Safety Personnel Retirement System expenses. City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 DRAFT 12 - 31 -2024 ORDINANCE NO. 1561 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX, COMMONLY KNOWN AS THE "SALES TAX"; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY CONTINUING THE RATE OF TAXATION BY TWO- TENTHS OF ONE PERCENT ( . 20) AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1406; DESIGNATING THE PURPOSE FOR MAINTENANCE, REPAIR, DESIGN, CONSTRUCTION AND REPLACEMENT OF PUBLIC RIGHT-OF-WAYS; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE, COMMONLY KNOWN AS THE "SUNSET CLAUSE"; PROVIDING FOR EXISTING CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the mayor and city council the power to levy taxes including a transaction privilege license tax (also known as the "sales tax") ; and WHEREAS, the City of Apache Junction relies heavily on state- shared highway user revenue funds ("HURF") to pay for design, repair, construction, replacement and continuing maintenance for city roads; and WHEREAS, since fiscal year 2006-2007, the state has legislatively reduced HURF dollars to cities and towns; and WHEREAS, the costs to make the maintenance, repairs, design, construction and replacement are escalating at a rapid rate each passing year; and WHEREAS, having no city property tax, the City of Apache Junction relies primarily upon sales tax revenues to pay for these costs; and WHEREAS, the mayor and city council have determined that a continuation of the two-tenths of one percent ( .20) transaction privilege license tax, is necessary to sustain the quality of the transportation grid system for community residents and visitors and enhance the public health, safety and welfare; and WHEREAS, at the regular city council meeting of November 5, 2024, the mayor and city council provided unanimous direction to ORDINANCE NO. 1561 PAGE 1 OF 7 staff to prepare an ordinance for a continuation of this . 2% sales tax in compliance with state law and the model city tax code; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers, the Arizona Department of Revenue, and the Municipal Tax Code Commission; and WHEREAS, pursuant to A.R. S . § 9-499 . 15, the City provided sixty-day written notice of the proposed sales tax continuation on the City' s website (www. apachejunctionaz .gov) before the date of the public hearing, January 21, 2025, when this ordinance is to be considered. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is continued at the rate of two and two-tenths percent (2 . 20) , in addition to 0 . 2% for expenses related to the Public Safety Personnel Retirement System ("PSPRS") imposed under Ordinance No. 1418 set to terminate on September 1, 2026 : Section 8A-018 Advertising Section 8A-012 Amusement, exhibitions, and similar activities Section 8A-015 Construction contracting: construction contractors Section 8A-016 Construction contracting: speculative builders Section 8A-037 Construction contracting: owner-builders who are not speculative builders Section 8A-116 Feed at wholesale Section 8A-010 Job printing Section 8A-027 Manufactured buildings Section 8A-020 Timbering and other extractions Section 8A-009 Publishing and periodicals distribution Section 8A-044 Hotels Section 8A-144 Additional tax upon transient lodging Section 8A-214 Rental, leasing and licensing for use of tangible personal property Section 8A-011 Restaurants and bars Section 8A-062 Food for home consumption Section 8A-315 MRRA Amount ORDINANCE NO. 1561 PAGE 2 OF 7 Section 8A-006 Transporting for hire Section 8A-029 Use Tax Purchases Section 8A-030 Use Tax From Inventory Section 8A-203 Medical Marijuana Retail Sales Section 8A-420 Adult Use Marijuana Retail Sales B. The tax rate in the following sections of the city tax code is continued at the rate of three and two-tenths percent (3 . 2%) , in addition to 0 . 2% for expenses related to PSPRS imposed under Ordinance No. 1418 set to terminate on September 1, 2 02 6 : Section 8A-005 Telecommunications services Section 8A-004 Utility services C. Section 8A-017 of the city tax code is amended to read as follows : Section 8A-017 . Retail sales : measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and two -tenths percent (2 . 2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail, plus another 0 . 2% approved under Ordinance No. 1418 set to terminate on September 1, 2026 . (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale . (c) Exclusions : For the purpose of this Chapter, sales of tangible personal property shall not include : (1) sales of stocks, bonds, options or other similar materials . (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes . (3) sales of platinum, bullion or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which ORDINANCE NO. 1561 PAGE 3 OF 7 another Section of this article imposes a tax, shall be considered gross income of that business activity, and are not included as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand dollars ($2, 000) , the extended two and four-tenths (2 . 4%) tax rate, shall apply to the first $2, 000 . Above $2, 000, the measure of tax shall be at a rate of one and four-tenths percent (1 . 4%) . (e) When this city and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this city or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the two-tenths of one percent ( . 2%) continuation shall be used for maintenance, repair, design, construction and replacement of public right-of-ways . ORDINANCE NO. 1561 PAGE 4 OF 7 SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance continuing the tax rate of . 2% for the purpose set forth in Section II above shall become effective on March 2, 2025 . SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance continuing the tax rate of .2% for the purpose set forth in Section II above shall terminate, or "sunset" on March 1, 2035, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically be reduced by two-tenths of one percent ( . 2%) . SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to the effective date of the tax as set forth in Section III above . SECTION VI PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1561 PAGE 5 OF 7 SECTION IX PROVIDING FOR NOTICE Pursuant to A.R. S . § 42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance . ORDINANCE NO. 1561 PAGE 6 OF 7 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 . SIGNED AND ATTESTED TO THIS DAY OF , 2025 . WALTER "CHIP" WILSON Mayor ATTEST: YVETTE MCKINNEY Acting City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1561 PAGE 7 OF 7 DRAFT 22 ORDINANCE NO. 1562 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX, COMMONLY KNOWN AS THE "SALES TAX"; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY CONTINUING THE RATE OF TAXATION BY TWO- TENTHS OF ONE PERCENT ( . 20) AS ORIGINALLY ADOPTED BY ORDINANCE NO. 1129 AND CONTINUED BY ORDINANCE NO. 1359 AND ORDINANCE NO. 1418; DESIGNATING THE PURPOSE FOR MANDATORY PAYMENTS TO THE PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM AND UNFUNDED LIABILITY RELATED TO THE SAME; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE, COMMONLY KNOWN AS THE "SUNSET CLAUSE"; PROVIDING FOR EXISTING CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the mayor and city council the power to levy taxes including a transaction privilege license tax (also known as the "sales tax") ; and WHEREAS, up until September 1, 2000, the City of Apache Junction had a sales tax rate of 2 . 0o; and WHEREAS, to build critical capital facilities including a new rodeo ground and events center, library expansion, skate park, swim center, court, city hall and multigenerational recreation center, the city council on May 16, 2000, passed Ordinance No. 1129 which increased the sales tax rate to 2 . 2% with a sunset provision of September 1, 2010; and WHEREAS, to address financial challenges due to resulting effects of the 2008 recession, the city council voted to continue the sales tax at this additional 0 . 2% rate until September 1, 2016, by passing Ordinance No. 1359 on March 1, 2010; and WHEREAS, on November 17, 2015, to fund escalating mandatory payments to the Arizona Public Safety Personnel Retirement System ("PSPRS") and unfunded liability related to the same, the mayor and city council passed Ordinance No. 1418 which continued the 0 . 2% sales tax increase; and WHEREAS, during fiscal year 2024, PSPRS mandatory contributions and unfunded liability debt service payments collectively totaled $3 . 5 million for public safety offices, while ORDINANCE NO. 1562 PAGE 1 OF 7 revenues from the . 2% sales tax dedicated to the same were $2 . 3 million; and WHEREAS, having no municipal property tax, the City of Apache Junction relies predominantly upon sales tax revenues to provide basic city services; and WHEREAS, the mayor and city council have determined that the continuation of the two-tenths of one percent ( . 2%) transaction privilege license tax (sales tax) is necessary to sustain the quality of life for community residents and enhance the public health, safety and welfare; and WHEREAS, at the regular city council meeting of November 5, 2024, the mayor and city council provided unanimous direction to staff to prepare an ordinance for a continuation of this . 2% sales tax in compliance with state law and the model city tax code; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and by appropriate notification to city taxpayers, the Arizona Department of Revenue, and the Municipal Tax Code Commission; and WHEREAS, pursuant to A.R. S . § 9-499 . 15, the City provided sixty-day written notice of the proposed sales tax continuation on the City' s website (www. apachejunctionaz .gov) before the date of the public hearing, January 21, 2025, when this ordinance is to be considered. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is continued at the rate of two and two-tenths percent (2 . 2%) , in addition to 0 . 2% for road improvement projects already imposed under Ordinance No. 1561 with a separate termination date of March 1, 2035 : Section 8A-018 Advertising Section 8A-012 Amusement, exhibitions, and similar activities Section 8A-015 Construction contracting: construction contractors Section 8A-016 Construction contracting: speculative builders ORDINANCE NO. 1562 PAGE 2 OF 7 Section 8A-037 Construction contracting: owner-builders who are not speculative builders Section 8A-116 Feed at wholesale Section 8A-010 Job printing Section 8A-027 Manufactured buildings Section 8A-020 Timbering and other extractions Section 8A-009 Publishing and periodicals distribution Section 8A-044 Hotels Section 8A-144 Additional tax upon transient lodging Section 8A-214 Rental, leasing and licensing for use of tangible personal property Section 8A-011 Restaurants and bars Section 8A-062 Food for home consumption Section 8A-315 MRRA Amount Section 8A-006 Transporting for hire Section 8A-029 Use Tax Purchases Section 8A-030 Use Tax From Inventory Section 8A-203 Medical Marijuana Retail Sales Section 8A-420 Adult Use Marijuana Retail Sales B. The tax rate in the following sections of the city tax code is continued at the rate of three and two-tenths percent (3 . 20) , in addition to 0 . 2% for road improvement projects already imposed under Ordinance No. 1561 with a separate termination date of March 1, 2035 : Section 8A-005 Telecommunications services Section 8A-004 Utility services C. Section 8A-117 of the city tax code is amended to read as follows : Section 8A-117 . Retail sales : measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and two -tenths percent (2 . 2%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail, plus another 0 . 2% as approved by the Mayor and City Council on January 21, 2025 under Ordinance No. 1561 with a separate termination date of March 1, 2035 . (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale . ORDINANCE NO. 1562 PAGE 3 OF 7 (c) Exclusions : For the purpose of this Chapter, sales of tangible personal property shall not include : (1) sales of stocks, bonds, options or other similar materials . (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes . (3) sales of platinum, bullion or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this article imposes a tax, shall be considered gross income of that business activity, and are not included as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand dollars ($2, 000) , the extended two and four-tenths (2 . 40) tax rate, shall apply to the first $2, 000 . Above $2, 000, the measure of tax shall be at a rate of one and four-tenths percent (1 . 40) . (e) When this city and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this city or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. ORDINANCE NO. 1562 PAGE 4 OF 7 (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunication services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the two-tenths of one percent ( . 2%) continuation shall be used for mandatory payments to the Public Safety Personnel Retirement System and unfunded liability related to this system. SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance continuing the tax rate of .2% for the purpose set forth in Section II above shall become effective on September 2, 2026 . SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance continuing the tax rate of . 2% for the purpose set forth in Section II above shall terminate, or "sunset" on September 1, 2036, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically be reduced by two-tenths of one percent ( . 2%) . SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to the effective date of the tax as set forth in Section III above . SECTION VI PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. ORDINANCE NO. 1562 PAGE 5 OF 7 SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IX PROVIDING FOR NOTICE Pursuant to A.R. S . § 42-6052 (E) , staff shall provide a fully executed copy of this ordinance to the Municipal Tax Code Commission and the Arizona Department of Revenue within ten days after the passage date of this ordinance . ORDINANCE NO. 1562 PAGE 6 OF 7 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2025 . SIGNED AND ATTESTED TO THIS DAY OF , 2025 . WALTER "CHIP" WILSON Mayor ATTEST: YVETTE MCKINNEY Acting City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1562 PAGE 7 OF 7 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 24-995 Sponsor: Pamela Harrison Agenda Date: 1/7/2025 Index: In Control: City Council Meeting Presentation, discussion and consideration on the renewal of contract agreement for Pinal County Technology Consortium Operations City of Apache Junction,Arizona Page 1 Printed on 1/2/2025 it City of Apache Junction 1 0 Home of the Superstition Mountains January 6, 2025 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER FROM: PAM HARRISON, LIBRARY DIRECTOR SUBJECT: PINAL COUNTY TECHNOLOGY CONSORTIUM AGREEMENT The Pinal County School Office Education Service Agency created the Pinal County Technology Consortium for the purpose of providing affordable telecommunications and information services to Pinal County schools and libraries by way of the federal E-Rate program, which offers substantial discounts on telecommunications and internet access to eligible U.S. schools and public libraries. Under a Letter of Agency signed by the previous Library Director, the Apache Junction Public Library receives internet access at a greatly reduced rate through this consortium. Due to recent changes in the Letter of Agency agreement, the library is seeking Council approval of its continued participation in the Pinal County Technology Consortium for funding years 2024 — 2035, as well as authorization be granted for Mayor signature. By entering into this agreement, the library will continue to provide fast and affordable internet access for its patrons. 300 E. Superstition Boulevard -Apache Junction,AZ 85119 - Ph: (480)982-8002 www,apachejunctionaz.gov AGREEMENT FOR PINAL COUNTY TECHNOLOGY CONSORTIUM OPERATIONS This Agreement for Pinal.County Technology Consortium.Operations(hereinafter referred to as this "Agreement"), is made and entered into by and between Pinal County through the Pinal County School Superintendent also known as the Pinal County School Office Education Service Agency, a political subdivision of the State of Arizona (hereinafter referred to as "PCSOESA"), and a participating school district, a participating charter school, a participating private school, a participating tribal school, a participating county free library district, a participating municipal library,a participating nonprofit and public library,and/or a participating tribal library.PCSOESA, a participating school district, a participating charter school, a participating private school, a participating tribal school, a participating county free library district, a participating municipal library, a participating nonprofit and public library, or a participating tribal library may each be referred to individually as a "Party." PCSOESA, a participating school district, a participating charter school, a participating private school, a participating tribal school, a participating county free library district, a participating municipal library, a participating nonprofit and public library, and a participating tribal library may be referred to collectively as the "Parties." RECITALS WHEREAS, PCSOESA, in collaboration with the Arizona Department of Education and other state agencies, is required to provide assistance to school districts, charter schools, county free library districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools on the use of student data, staff development, curriculum alignment and technology to improve student performance pursuant to A.R.S. § 15-302; and, WHEREAS, PCSOESA may establish service programs that are available to any county free library district, municipal library, local school district governing board, nonprofit and public library, tribal library, private school or tribal school officially requesting such programs pursuant to A.R.S. § 15-365; and, WHEREAS, PCSOESA is designated as a local education agency for the purpose of serving as an education service agency that is eligible to receive and spend local, state and federal monies to provide programs and services to school districts, charter schools, county free library districts, municipal libraries, nonprofit and public libraries, tribal libraries, private schools and tribal schools within Pinal County pursuant to A.R.S. § 15-301; and, WHEREAS,the Universal Service Administrative Company(USAC)under the oversight of the Federal Communications Commission (FCC) Schools and Libraries Program, commonly known as "E-rate,"provides discounts of up to 90 percent to help eligible schools and libraries in the United States obtain affordable telecommunications and internet access; and, WHEREAS, the E-Rate program is intended to ensure that schools and libraries have access to affordable telecommunications and information services; and, WHEREAS, USAC and other entities provide that schools and/or libraries can form Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page I of'14 consortia for the purposes of the E-Rate program and/or other federal, state, and local programs to aggregate demand in order to lower prices and promote more efficient use of shared facilities; and, WHEREAS, the Pnnal. County Technology Consortium (hereinafter referred to as the "Consortium") was formed as a rural regional consortium for allowed purposes under Arizona law and for the purposes of the E-Rate program and/or other federal, state, and local programs to aggregate demand in order to lower prices and promote more efficient use of shared facilities as well as for other allowed purposes; and, WHEREAS, the Consortium seeks to purchase telecommunications and infrastructure services from. Zayo Group, LLC (Zayo), with funds obtained by PCSOESA through the E-Rate program, other federal, state, and local programs, and this Agreement for allowed purposes under Arizona law and for the purposes of the E-Rate program and/or other federal, state, and local programs to aggregate demand in order to lower prices and promote more efficient use of shared facilities. AGREEMENT NOW,THEREFORE, in consideration of the foregoing recitals and the mutual promises and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. TERM. Based upon appropriate finding, this Agreement is effective on July 1, 2024, and will continue through June 30,2025,unless sooner terminated or further extended pursuant to the provisions of this Agreement. Thereafter this Agreement will automatically renew annually for up to ten (10) supplemental one-year terms with the final term ending June 30,2035. The term of this Agreement is intended to correspond with the term of the Master Service Agreement entered into between PCSOESA and Zayo on July 1, 2019; however, the Master Service Agreement was perpetual and this Agreement is intended to expire on June 30, 2035. 2. TERMINATION/CANCELLATION. Any termination of this Agreement shall not relieve the Parties of their responsibility for costs incurred prior to the effective date of the termination. a. Mutual Termination.The Parties,by mutual written agreement, may terminate or cancel this Agreement at any time for any reason. b. Termination for Convenience/Without Cause. A Party may terminate or cancel its participation in the Consortium at any time for any reason, with or without just cause, with at least one hundred twenty(120) calendar days prior to June 30 or the end of any one-year term, and this Agreement shall be terminated only with respect to the Party requesting termination or cancellation. C. Termination for Cause. In the event that a Party materially fails to perform or comply with any provision of this Agreement,and fails to remedy the default within Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 2 oJ'14 ninety (90) calendar days after receipt of written notice of the default, PCSOESA shall have the right,at its sole option and upon written notice to the defaulting Party, to terminate the defaulting Party's participation in the Consortium, and this Agreement shall be terminated only with respect to that Party. d. Non-appropriation of Funds. The Parties recognize and acknowledge that PCSOESA is a governmental entity and this Agreement's validity is based upon the availability of public funding. In the event public funds are not appropriated for the performance of PCSOESA's obligations under this Agreement,then PCSOESA shall notify the Parties in writing of any such non-allocation of funds at the earliest possible date, and this Agreement shall automatically expire without penalty to the PCSOESA. Additionally, in the event a Party under this Agreement is a governmental entity and public funds are not appropriated for the performance of that Party's obligations under this Agreement,then the Party to whom public funds are not appropriated shall notify PCSOESA in writing of any such non-allocation of funds at the earliest possible date, and this Agreement shall automatically expire without penalty to the Party to whom public funds were not appropriated. If a Party's allocation of funds is reduced, then the scope of this Agreement may be reduced with respect to the Party to whom the allocation of public funds is reduced, if appropriate, or this Agreement may be cancelled with respect to the Party to whom the allocation of public funds is reduced without further duty or obligation. e. Conflict of Interest. This Agreement is subject to cancellation pursuant to A.R.S. §38-511, the pertinent provisions of which are incorporated herein by reference. 3. EXTENSION. The Parties, by mutual written agreement, may extend this Agreement at any time. 4. AMENDMENT. The Parties,by mutual written agreement,may amend or supplement the terms of this Agreement at any time. 5. LOCAL EDUCATION AGENCY (LEA). PCSOESA is designated as the Local Education Agency (LEA) and Fiscal Agent in the context of this Agreement and will. provide staff to direct funding and provide program activities and services for the Consortium. 6. MEMBER(S) OF THE CONSORTIUM. A Party may be referred to individually as a "Member of the Consortium" and the Parties may collectively be referred to as the "Members of the Consortium." a. Consortium Lead Member or Consortium Leader. PCSOESA is a Member of the Consortium and is designated as the Consortium Lead Member or Consortium Leader(hereinafter referred to as the "Consortium Leader"). b. Participating Member(s). A school district, a charter school, a private school, a tribal school, a county free library district, a municipal library, a nonprofit and Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 3 oJ'14 public library, or a tribal library may request to be a Participating Member of the Consortium by approving and signing Appendix A to this Agreement whereby it agrees to become a Member of the Consortium and a Party to this Agreement and also agrees to comply with and be bound by the terms, conditions, covenants, obligations, and provisions of this Agreement and any later documents created by the Consortium and its members. If Appendix A is approved by the Consortium Leader, which will be evidenced by signature of the Pinal County School Superintendent, then the participating school district, participating charter school, participating private school, participating tribal school, participating county free library district, participating municipal library, participating nonprofit and public library, or participating tribal library is a Participating Member of the Consortium (hereinafter referred to as "Participating Member"). A sample Appendix A is attached to this Agreement. 7. CONSORTIUM STEERING COMMITTEE. The Consortium may set up a Steering Committee(hereinafter referred to as the "Consortium Steering Committee") consisting of a representative from the Consortium Leader and representatives from the Participating Members. The Consortium Steering Committee will assist in the development and direction of the Consortium and related PCSOESA programs. The Consortium Steering Committee may create documents to assist in the development and direction of the Consortium for allowed purposes under Arizona law and for the purposes of the E-Rate program and/or other federal, state, and local programs to aggregate demand in order to lower prices and promote more efficient use of shared facilities activities and services. The Consortium Steering Committee will schedule no less than two meetings per year, one in October and one in March, and other meetings as deemed necessary by the Consortium Steering Committee or by a majority of the Members of the Consortium. 8. SERVICES PROVIDED BY THE CONSORTIUM. The Consortium shall purchase telecommunications and infrastructure services, supplies, and equipment with funds obtained by the Consortium or PCSOESA through the E-Rate program and/or other federal, state, and local programs under this Agreement for allowed purposes under federal and Arizona law to aggregate demand in order to lower prices and promote more efficient use of shared facilities, services, supplies, and equipment to the Members of the Consortium, including, but not limited to,the following: a. Fiber optic installation and maintenance; b. Internet services (connectivity to the Internet); C. WAN (wide area network) services; d. Cybersecurity; e. Wi-Fi networks and services; L Hot spots; and Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 4 oJ'14 g. Other telecommunications and infrastructure services, supplies, and equipment, including, without limitation, routers, cabling, switches, modems, management, repair, upkeep, and connectivity supplies, equipment, services, and programs. 9. RESPONSIBILITIES OF THE CONSORTIUM LEADER. The Consortium Leader shall: a. Ensure that necessary certifications are made and respond to USAC inquiries on behalf of the Consortium and its members during both pre- and post-commitment processes and responsibilities; b. Obtain a unique identifying number or entity number from SAM.gov, USAC, or any other entity,if required, for participation in the Consortium,including,without limitation,the E-Rate program, and/or obtain an entity number specific to the billed entity role called Billed Entity Number or BEN, if required, if the Consortium Leader pays a service provider for products and/or services delivered to eligible schools and libraries; C. Retain a Letter of Agency (LOA), if required, or other documentation from the Consortium Members to demonstrate that that Consortium Members were aware of, and had expressly authorized, the actions that would be taken on their behalf by the Consortium Leader; d. Perform a cost allocation to ensure that only the eligible entities receive the benefit of the E-Rate and/or other federal, state, and local programs discounted services if services are shared by both eligible and ineligible entities; e. Coordinate the services provided by the Consortium and the provision of E-Rate services and/or other services to the Members of the Consortium; L Act as the fiscal agent and LEA for the Consortium; g. Provide accounting to the Consortium of its fiscal agent and LEA duties and activities; It. Provide a representative to the Consortium Steering Committee for each term of one (1) school year (July 1 through June 30) who shall attend the scheduled meetings of the Consortium Steering Committee; and i. Establish and maintain appropriate funds with the Pinal County Treasurer to pay for services for the Consortium, including, but not limited to, as follows: 1) Employment of personnel needed to provide the services and activities of the Consortium, which may include a Business Manager; 2) Available office space for PCSOESA Associate Superintendent and Educational Service Specialists for the Consortium; Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 5 of'14 3) Payroll functions and activities, including maintenance of records for sick leave, vacation, and other benefit entitlements and reimbursement of approved travel expenses; 4) Bidding and purchasing of supplies and equipment in conformity with applicable statutes and regulations,including the Pinal County Procurement Code and related policies; and 5) Normal and customary consortium and administrative services, including but not limited to printing, duplicating, word processing, accounting, and access to resource library, purchasing, and postage. 10. RESPONSIBILITIES OF A PARTICIPATING MEMBER. A Participating Member shall: a. Ensure this Agreement and the Consortium complies with its statutory and regulatory requirements, including procurement, and applicable policies; b. Obtain a unique identifying number or entity number from SAM.gov, USAC, or any other entity, as required, for participation in the E-Rate program and/or other federal, state, and local programs; C. Pay to the Consortium within thirty(30)calendar days of receipt of an invoice from the Consortium or the Consortium Leader in accordance with spreadsheets or any other documentation from the Consortium, the Consortium Leader, or PCSOESA, and in accordance with Exhibit 1 to Appendix A, which sets forth the Cost Allocation Guidance, including, but not limited to, port fees, ordered bandwidth costs, and consortium fees of a Participating Member. A sample Exhibit 1 to Appendix A is attached to this Agreement. Exhibit 1 to Appendix A, spreadsheets, and other documentation may be revised by the Consortium, the Consortium Leader, or PCSOESA from time-to-time; d. Provide a representative to the Consortium. Steering Committee for each term of one (1) school year (July 1 through June 30) who shall attend the scheduled meetings of the Consortium Steering Committee; e. Provide a representative to the Consortium Steering Committee for development and planning of programs for the Consortium; and L Cooperate with PCSOESA and execute any resulting documents or follow-on or additional agreements that might be required under the E-Rate program and/or other federal, state, and local programs to keep the Consortium in compliance with applicable laws and regulations. 1.1. ADDITIONAL FUNDING. The Consortium or a Party may apply for additional funding from federal, state, local, and other sources to enhance services and increase programs for the Consortium and the Members of the Consortium. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 6 of'14 12. NOTICES.All notices required or permitted to be given under the terms of this Agreement shall be in writing, and shall be effective upon hand delivery, deposit with a reputable overnight courier such as FedEx for overnight delivery or three (3) business days after deposit with the U.S. Mail via certified or registered mail, postage prepaid, return receipt requested as follows: To PCSOESA: Physical address: Pinal County School Office ESA, 75 Bailey St., Florence, AZ 85132 Mailing address: Pinal County School Office ESA, P.O. Box 769, Florence, AZ 85132 PCSOESA shall have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof by the Consortium Leader to Participating Members. To a Participating Member: A Participating Member will provide the Consortium Leader with its physical and mailing address either below its signature block on Appendix A or by separate notice to the Consortium Leader. A Participating Member shall have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the Consortium Leader. 1.3. INSURANCE. The Parties shall maintain appropriate insurance. Certificates of Insurance shall be provided to a Party upon request. 14. MUTUAL INDEMNIFICATION. To the maximum extent permitted by law, each Party (as "Indemnitor") agrees to indemnify, defend and hold harmless the other Party, its officers, officials, agents, employees, or volunteers from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising out of actions taken in performance of this Agreement to the extent that such Claims are caused by the acts, omissions, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. If a claim or claims by third parties become subject to this indemnity provision, the Parties shall expeditiously meet to discuss a common and mutual defense, including possible proportionate liability and payment of possible litigation expenses and damages. This Section shall survive expiration or termination of this Agreement. 15. RELATIONSHIP OF PARTIES.Nothing contained in this Agreement shall be deemed or construed as creating an employment or fiduciary relationship between the Parties. No Party's employees shall be considered employees of another Party, and no Party's personnel will, by virtue of this Agreement, be entitled nor eligible, by reason of this Agreement, to participate in any benefits or privileges given or extended by a Party to its employees. No Party shall be liable for any debts, accounts, obligations nor be responsible for other liabilities whatsoever of another Party, including (without limitation) the other Party's obligations to withhold Social Security and income taxes for a Parry or any of its employees. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 7 oJ'14 16. WORKERS' COMPENSATION.Each Party will comply with the notice of A.R.S. §23- 1022(E).For purposes of A.R.S. § 23-1022,irrespective of the protocol in place,each Party is solely responsible for the payment of Workers' Compensation benefits for its employees. 17. THIRD PARTIES.Nothing in this Agreement shall be deemed to create any right in any person not a Party hereto. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against a Party, the Parties, or the Consortium. This Agreement is not intended to benefit any third party. 18. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in this Agreement are a part of this Agreement as if fully stated herein. 1.9. ASSIGNMENT. No Party to this Agreement may assign any of its rights or responsibilities under this Agreement, either voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner, except with the prior written consent of the other Parties. No Party may delegate any performance under this Agreement, except with the prior written consent of the other Parties. Any purported assignment of rights or delegation of performance in violation of this section is void. 20. WAIVER. A Party's failure or neglect to enforce any term, covenant, condition, right, or duty in this Agreement is neither a waiver of any term, covenant condition,right, or duty, nor is it deemed to be a waiver of that Party's rights or remedies under this Agreement. A waiver or extension is only effective if it is in writing and signed by the Party granting it. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. One or more waivers by a Party of any term, covenant, condition, right, or duty in this Agreement shall not be construed as a waiver of a subsequent default or breach of the same covenant, term, condition, right, or duty. 21. HEADINGS AND CONSTRUCTION OF AGREEMENT. In construing this Agreement, all headings and titles are for the convenience of the Parties and for organizational purposes only and shall not be considered in interpreting the meaning of any provision in this Agreement or considered a part of this Agreement. Whenever required by the context, each number shall include the plural, each gender shall include all genders, and unless the context otherwise requires, the word "person" shall include a corporation, company,partnership, firm, association or society, as well as a natural person. 22. FAIR MEANING. This Agreement is intended to express the mutual intent of the Parties and shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had jointly prepared it. 23. COMPLIANCE WITH LAW.The Parties shall comply with all applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities in performing this Agreement, including environmental laws. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 8 oJ'14 24. LEGAL ARIZONA WORKERS ACT COMPLIANCE.The Parties hereby warrant that they will, at all times, during the term of this Agreement comply with all federal. immigration laws applicable to their employment of their employees and with the requirements of A.R.S. §§ 23-214 and 41-4401 (together the "State and Federal Immigration Laws"). A breach of the foregoing warranty shall be deemed a material breach, and the Parties shall have the right to terminate this Agreement for such a breach, in addition to any other applicable remedies. The Parties retain the legal right to inspect the papers of each contractor or subcontractor employee who performs work pursuant to this Agreement, and any addenda thereto, to verify performance of the foregoing warranty of compliance with the State and Federal Immigration Laws. 25. FINGERPRINT AND E-VERIFY.If required,and only to the extent required,the Parties shall comply with the fingerprinting provisions in A.R.S. § 15-512(H) and the e-verify provisions in A.R.S. § 41-4401. 26. NON-DISCRIMINATION AND CIVIL RIGHTS COMPLIANCE. The Parties shall comply with State Executive Orders 2023-01 and 2009-09, the pertinent provisions of which are incorporated into this Agreement by reference, and which mandate, in part, that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable state and federal employment laws, rules and regulations, including the Americans with Disabilities Act. The Parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race,creed,color,religion, sex, national origin or disability. The Parties shall comply with all applicable state executive orders and federal and state laws, rules and regulations, including the legal requirements relating to nondiscrimination and nondiscriminatory use of federal funds. Those requirements include ensuring that entities receiving federal financial assistance do not deny benefits or services, or otherwise discriminate on the basis of race, color,national. origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil. Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. § 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-11.2, as amended by Public Law 93-516, 29 U.S.C. § 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and the Department's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. §§ 6101 et seq., and the Department implementing regulations at 31 CFR part 23. 27. GOVERNING LAW. This Agreement shall be governed by, and construed and enforced, in accordance with the laws of the State of Arizona. Any action or claim arising from, under, or pursuant to this Agreement shall be brought in the courts, state or federal, within the State of Arizona, and the Parties expressly waive the right to bring any legal action or claim in any other court. Any changes in the governing laws, rules, and regulations that do not materially affect the Parties' obligations under this Agreement during the Term of this Agreement will apply but will not require an Amendment. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 9 of'14 28. MATERIAL CHANGE IN LAW OR REGULATION. In the event of adoption of legislation, regulations, or instructions or the initiation of an enforcement action by a governmental agency, any of which materially affects the legality of this Agreement or the relationship among the Parties hereto, either Party may propose amendments to this Agreement to bring this Agreement into conformity with such laws. If the Parties are unable to reach agreement on the renegotiation of this Agreement within thirty (30) calendar days of the initiation of negotiations, then a Party may terminate this Agreement upon written notice to the other Parties. 29. SEVERABILITYlUNENFORCEABLE PROVISIONS. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid, the validity and enforceability of the remaining provisions shall not be affected and effect shall be given to the intent manifested by the provisions held enforceable and valid. If any of the provisions of this Agreement are inapplicable to a person or circumstance, the same provisions shall remain applicable to all other persons and circumstances. 30. ALTERNATIVE DISPUTE RESOLUTION. Pursuant to A.R.S. § 12-1518, disputes under this Agreement shall be resolved through the use of arbitration when the case or lawsuit is subject to mandatory arbitration pursuant to rules adopted under A.R.S. § 12- 133. 31. WAIVER OF JURY TRIAL. The Parties hereby waive their respective rights to trial by jury in any action or proceeding arising out of this Agreement. 32. WRITTEN CERTIFICATION PURSUANT TO A.R.S.§35-393.01. If a Party engages in for-profit activity and has 10 or more employees, and if this Agreement has a value of $100,000 or more, the Party certifies it is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. §4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 33. WRITTEN CERTIFICATION PURSUANT TO A.R.S. §35-394. If a Party engages in for-profit activity and has 10 or more full-time employees, the Party certifies that it does not currently, and agrees for the duration of this Agreement that it will not, use: 1) the forced labor of ethnic Uyghurs in the People's Republic of China; 2) any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China; and 3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. If the Party becomes aware during the term of this Agreement that the Party is not in compliance with this written certification, the Party shall notify the Parties within five (5) business days after becoming aware of the noncompliance. If the Party does not provide the Parties with a written certification that the Party has remedied the noncompliance within one hundred eighty (180) calendar days after notifying the Parties of the noncompliance,this Agreement shall terminate with respect to the Party, except that if this Agreement's termination date occurs before the end of the remedy period this Agreement shall terminate on this Agreement's termination date. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 10 of 14 34. FINANCIAL AND COMPLIANCE AUDITS. If a Party is a non-profit corporation, it shall provide appropriate financial reports in accordance with A.R.S. § 11-624. A Party that is a non-profit corporation agrees to allow PCSOESA to conduct financial monitoring and audits of a Party that is a non-profit corporation, and a Party that is a non-profit corporation agrees to cooperate fully with any financial monitoring or audits PCSOESA conducts or requires.A Party that is a non-profit corporation agrees at all times,both during and after expiration or termination of this Agreement, to maintain and preserve its records in a manner consistent, and in compliance, with all applicable laws and regulations. This Section shall survive expiration or termination of this Agreement. 35. PAROL EVIDENCE. This Agreement is intended by the Parties as a final and complete expression of their agreement.No course of prior dealings between the Parties and no usage of the trade shall supplement or explain any terms used in this Agreement. 36. ENTIRE AGREEMENT. This Agreement contains the entire, integrated agreement of the Parties and there are no oral agreements,understandings,or representations relied upon by the Parties. This Agreement supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modifications or amendments to this Agreement must be in writing and signed by all Parties. 37. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all of which when taken together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto. The Parties understand and agree that they have the right to execute this Agreement through paper or through electronic signature technology,and to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. Signatures sent by electronic means(facsimile, scanned and sent via e-mail, or signed by electronic signature service where legally permitted) shall be deemed original signatures. The Parties expressly waive any objection to the admissibility of this Agreement on the grounds that it is an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature. Each Party may sign any number of copies of this Agreement, and each signed copy shall be deemed to be an original,but all of them together shall represent one and the same agreement. 38. LEGAL AGREEMENT. This Agreement is an important, binding legal document, and each Party warrants it has had an opportunity to consult with an attorney about the terms set forth herein. Each Party acknowledges that it understands the meaning of all terms contained herein and agrees to their application and enforceability. Each Party acknowledges and represents that it is duly organized, validly existing, and in good standing,and has the right,power,and authority to enter into this Agreement and bind itself hereto through the person set forth as signatory for the Party below. The person signing this Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute this Agreement. Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 11 of 14 APPROVALS IN WITNESS WHEREOF, PCSOESA, the Consortium Leader, has caused this Agreement to be executed by its duly authorized officials and has affixed its signature to this Agreement on the date written below. A Participating Member will hereafter agree to the terms, conditions, covenants, obligations, and provisions of this Agreement by causing Appendix A to this Agreement to be executed by its duly authorized officials and by affixing its signature to Appendix A to this Agreement on the date written on Appendix A to this Agreement. In order for Appendix A to be valid, it must be approved by the Consortium Leader, which will be evidenced by signature of the Pinal. County School Superintendent. PCSOESA, the Consortium Leader: Pinal County, a political subdivision of the State of Arizona Date: Chair Pinal County Board of Supervisors ATTEST: Natasha Kennedy, Clerk of the Board Pinal County Board of Supervisors Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 12 of 14 APPENDIX A to Agreement for Pinal County Technology Consortium Operations Participating Member: City of Apache Junction, an Arizona municipal corporation By causing this Appendix A to the Agreement for Pinal County Technology Consortium Operations to be executed by its duly authorized officials and affixing its signature below, City of Apache Junction is hereby requesting that the Apache Junction Public Library be a Participating Member of the Pinal County Technology Consortium and the City of Apache Junction agrees to be a member of the Pinal County Technology Consortium and a Party to the Agreement for Pinal County Technology Consortium Operations and further agrees to comply with and be bound by the terms, conditions, covenants, obligations, and provisions of the Agreement for Pinal County Technology Consortium Operations and any later documents created by the Pinal County Technology Consortium and its members. The Agreement for Pinal County Technology Consortium Operations effective July 1,2024,is hereby incorporated by reference herein and shall be deemed to have the same force and effect as if set forth in full herein. Date: Mayor ATTEST: City Clerk Physical and mailing address: Apache Junction Public Library 1177 N. Idaho Rd. Apache Junction, AZ 85119 Approval of the Consortium Leader: Pinal County through the Pinal County School Superintendent also known as the Pinal County School Office Education Service Agency(PCSOESA), the Pinal County Technology Consortium Leader, hereby approves this Appendix A. Date: By: Jill Broussard, Pinal County School Superintendent City ofApache Junction Appendix A to Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page I of 2 EXHIBIT I TO APPENDIX A to Agreement for Pinal County Technology Consortium Operations Cost Allocation Guidance w�wq ea vw, City ofApache Junction Appendix A to Agreement for Pinal County Technology Consortium Operations July 1,2024,through June 30,2035 Page 2 of 2 Pinal County School Gffice Supporting Sc#ooN,Shaping Tomorrow Letter of Agency Pinal County Technology Consortium Pinal County through the Pinal County School Superintendent also known as the Pinal County School Office Education Service Agency 75 Bailey St. Florence,AZ 85132 RE: Letter of Agency for funding years from July 1,2024,through June 30,2035 This Letter of Agency confirms the City of Apache Junction, an Arizona municipal corporation, through the Apache Junction Library(hereinafter referred to as "The"Library")participation in and representation by the Pinal County Technology Consortium and Pinal County through the Pinal County School Superintendent also known as the Pinal County School. Office Education Service Agency (hereinafter referred to as "PCSOESA") for the procurement of services and products, including affordable telecommunications, Internet access, and related equipment. I hereby authorize PCSOESA to submit applicable Federal Communications Commission (hereinafter "FCC" or"Commission") Forms 470, 471, 472/474,486,498,500, SPIN Change and Service Substitution Requests,and other applicable forms for E- rate to the Universal Service Administrative Company(USAC) on behalf of The Library. I understand that, in submitting these forms on The Library's behalf, PCSOESA is making certifications for The Library. By signing this Letter of Agency,I make the following certifications: (a) I certify that The Library is a library eligible for support because it is eligible for assistance from a State Library administrative agency under the Library Services and Technology Act, that it does not operate as for-profit businesses, and whose budgets are completely separate from any schools (including,but not limited to elementary, secondary schools,colleges, or universities). (b) I certify that The Library has secured access, separately or through this program, to all of the resources, including computers, training, software, internal connections, maintenance, and electrical capacity,necessary to use the services purchased effectively. I recognize that some of the aforementioned resources are not eligible for support.I certify that to the extent that the billed entity is passing through the non-discounted charges for the services requested under this Letter of Agency, that the entities I represent have secured access to all of the resources to pay the non- discounted charges for eligible services and products from funds to which access has been secured in the current funding year. (c) I certify that the services the school,library,or district purchases at discounts provided by 47 U.S.C. § 254 will be used primarily for educational purposes, see 47 CFR § 500, and will not be sold, resold, or transferred in consideration for money or any other thing of value, except as permitted by Commission's rules at 47 CFR § 54.51.3. (d) I certify that The Library has complied with all program rules and I acknowledge that failure to do so may result in denial of discount funding and/or cancellation of funding commitments. I acknowledge that failure to comply with program rules could also result in civil or criminal prosecution by the appropriate law enforcement authorities. Apache Junction Library Letter ofAgency Page I of 2 (e) I acknowledge that the discount level used for shared services is conditional for future years,upon ensuring that the most disadvantaged schools and libraries that are treated as sharing in the service, receive an appropriate share of benefits from those services. (f) I certify that I will retain required documents for a period of at least ten(10)years after the later of the last day of the applicable funding year or the service delivery deadline for the associated funding request. I acknowledge that I may be audited pursuant to participation in the schools and libraries program I certify that I will retain all documents necessary to demonstrate compliance with the statute and Commission's rules regarding the application for, receipt of, and delivery of services receiving schools and libraries discounts, and that if audited, I will make such records available to USAC. (g) I certify that I am authorized to order the eligible equipment and services, including telecommunications and other supported services,for the eligible entity(ies)covered by this Letter of Agency. I certify that I am authorized to make this request on behalf of the eligible entity(ies) covered by this Letter of Agency, that I have examined this Letter, that all of the information on. this Letter is true and correct to the best of my knowledge, that the entities that will be receiving discounted equipment and/or services under this Letter have complied with the terms, conditions and purposes of the E-Rate program, that no kickbacks were paid to anyone and that false statements can be punished by fine or forfeiture under the Communications Act,47 U.S.C. §§ 502, 503(b), or fine or imprisonment under Title 18 of the United States Code, 18 U.S.C. § 1001 and civil violations of the False Claims Act. (h) I acknowledge that FCC rules provide that persons who have been convicted of criminal violations or held civilly liable for certain acts arising from their participation in the Schools and Libraries support mechanism are subject to suspension and debarment from the program. I will institute reasonable measures to be informed, and will notify USAC should I be informed or become aware that I or any of the entities, or any person associated in any way with my entity and/or the entities, is convicted of a criminal violation or held civilly liable for acts arising from their participation in the Schools and Libraries support mechanism. (i) I certify that,to the best of my knowledge,the non-discount portion of the costs for eligible services will not be paid by the service provider(s). I acknowledge that the provision, by the provider of a supported service, of free services or products unrelated to the supported service or product constitutes a rebate of some or all of the cost of the supported services. (j) I certify that I am authorized to sign this Letter of Agency and, to the best of my knowledge, information, and belief, all information provided to PCSOESA for The Library's participation in the E-Rate program is accurate and true. The duration term applicable to this Letter of Agency, as agreed upon in the Agreement for Pinal County Technology Consortium Operations and other agreements with PCSOESA, is for I years and shall be effective from July 1, 2024,through June 30, 2035. The Library: City of Apache Junction through the Apache Junction Library Date: Mayor ATTEST: Date: City Clerk Apache Junction Library Letter ofAgency Page 2 of 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 24-980 Sponsor: Evie McKinney Agenda Date: 1/7/2025 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 1/2/2025 CityApacheof Junction ' . a 14,_, 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net JANUARY 7, 2025 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: EVIE MCKINNEY,ACTING CITY CLERK SUBJECT: SELECTION OF VICE MAYOR Section 2-2-2 of the City Code requires that at the first meeting following their 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.189). Please contact me if you have any questions. Home of the Superstition Mountains Robert's Rules of Order Nominations and Elections — Pages 182~183 Nominations from the Floor /\S soon 8S the president opens nominations from the floor, any member can bring forth @ DO0iO8UOD. However, the rules for 8 member nomination 8 candidate are the same @S for the nominating committee. A member should know 1f the person heU[she wishes tO nominate iS eligible to serve and the person is willing to serve. When the nomination iS from the floor: 1. A member does not have to get recognition, and often in small assemblies a member can call out @ name while still seated. 2. /\nomination does not need asecond. 3. A member can be nominated for more than one office. 4. A member can't nominate more than one person for Gn office until everyone has had the opportunity iO make nominations. 5. After each nomination, the president repeats the name tO the assembly. For example, the president would say: President: Denise Harmon, for president. Are there further nominations for president? 8. A motion to close nominations is usually not necessary unless it becomes apparent that members are nominating people just tO honor them, and that the nominees have n0 intention ofserving. 7. Usually the president closes nominations when no further nominations are coming forward from the assembly. |f8t anytime during the nominating process 8 member realizes that heOr she will be unable {0 serve if elected, the member should stand and request that his Or her name be removed from nomination. It is better to remove your name during the nomination process than after you are 8|8Ct8d. Robert's Rules Nominations and Elections — Pages 185-186, 189 Elections After the nominating process is finished, the members must vote on the proposed candidates. If the by|8VVS do not state how the VO[e is to be taken, @ member can nO8k8 an incidental DlO[iOO regarding how t0 take the vote. |f the bylaws state that the vote must b9 taken by ballot, even if there iS only one candidate for each office, the vote must nevertheless be taken byballot. A ballot still allows the members t0 write in8 candidate's name. |f the bylaws require 8 ballot vote, the members must vote byballot even if all candidates are running unopposed. |tiS out Vforder [o ask one person (for example, the secretary)to cast the electing ballot for the entire assembly. Such 8 motion iS wrong because it takes away mHmb8rS' right8t0 write in8candidate. The vote for election can be taken by 1. Voice 2. Ballot 3. Roll call 4. Cumulative voting Election by Voice Vote When there is only one good candidate for office, election by 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 their right to write in a candidate. When more than one person has been nominated 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 candidate they want and vote no for the other candidates as they are voted on. The first candidate to receive a majority vote wins. The presiding officer takes the vote this way: President:All those in favor of Member G for president, say "Aye."Those opposed say "No." Then the president announces the vote: President: The ayes have it, and Member G is elected president. If Member G loses, the chair announces this way: President: The noes have it, and Member G is not elected. All those in favor of Member X for president say "Aye." Those opposed say"No." Then the president announces the results of this vote. This procedure continues until someone receives a majority vote. When more than one candidate is nominated, the problem with a voice vote is that those nominated first are more likely to get elected. If there is a motion to make an election by voice vote unanimous that vote must be by ballot. If there is one "no" vote, the election is not unanimous. Election by Ballot Vote There are two ways a ballot vote can be taken: 1. As a slate for all the officers on one ballot 2. As an individual ballot after nominations are closed for each office Election by Roll Call Vote If the members take the vote by roll call, the same methods used for a ballot vote can be followed: either voting for all candidates at once or voting for one at a time. The presiding officer should explain the procedure.As the secretary calls the roll, each member states for whom he or she is voting. The secretary records the vote and repeats it to make sure it is accurate. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 10. File ID: 24-983 Sponsor: Evie McKinney Agenda Date: 1/7/2025 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 1/2/2025 § 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. 11. File ID: 24-985 Sponsor: Evie McKinney Agenda Date: 1/7/2025 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 1/2/2025 CityApacheof Junction ' . a 14,_, 300 East Superstition Boulevard •Apache Junction,Arizona 85119 •www.ajcity.net December 24,2024 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS THROUGH: BRYANT POWELL, CITY MANAGER FROM: EVIE MCKINNEY,ACTING 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 the city 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. The current council check signers are Mayor Wilson, Vice Mayor Schroeder and as required by statute the city clerk is the third. Traditionally, a minimum of two designated signers have been chosen from among our elected officials. Other than the Mayor who is directly elected, all "council members" are elected under that specific title. Therefore, I recommend that you use the word "councilmember" as the title in your motion. As an example: I move that Mayor and Councilmember 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. Work Study R ee uI Special S: E: .,;PP E: s S E: CITY COUNCIL Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILS©N - ------- — _ VICE MAYOR SCHROEDER C IUNCILMEMBER CROSS -- COUNCILMEMBER HECK ^COUNCILMEMBER�JOHNSON _ -_-- - ----- __.. OUNCILMEMBER LESSER COUNCILMEMBER SOLLER - - - -------------- TOTAL i CITY STAFF: Present Ab/excu Present Ab/excu Present Ablexcu City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk __— . ..------ City Attorney Joel Stern IT__ Director Doug Wirthgen ----_ _ _w. d Mrkt Comm Director Kayla Fulmer _ -- ------___ Public Safety Director Michael Pooley Public Safety Assistant Johnny John _ Dev Services Director Rudy Esquivias ,._ ------ PW Director Teel Wulff Parks& Rec Director Liz Lanenbc Eon Director Library Director Pam Harrison Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggins Municipal Judge --- ---------------- --� _ ---- ___}____ Acting City Clerk Evie McKinney Planning Manager Sidney Arias I Building&Safety Mgr AdrianAlegria _ _ - -- — -- Senior Planner Kelsey chattnik _ _._ . __..____. __ _ _. _ _ _-- .,------------ Planner Erica Hernandez Planner Nick Leftwich _ PW Project Engineer Raquel Schatz City Engineer Emile Schmid j Management Anaylyst Rob Wisler a ,.t C ll -1 Ity Council cil d..t1e,,ndc-nC,,.',',dstcx City Council VOTE - ROLL CALL ITEM # MEETING of ' - ' M TION Y: SECONDED BY NOTES: YES NO ABSTAINED -------------- CITY COUNCIL �-------�._--- — [..COUNCILMEMBER SDLLER VICE MAYOR SCHROEDER COUNCILMEMBER NE SER COUNCILMEMBER CROSS COUNCILMEMBER HECK _. COUNCILMEMBER JOHNSON MAYOR 1ILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEET 2 S:/5--Templates&Forms/Vote Call—City Council City Council VOTE _ ROLL CAS. ITEM :' MEETING OF 2 477 MOTION BY: SECONDED BY: YES NO � ABSTAINED CITY COUNCIL: CO NCILMEMBER NESSEI _ COUNCILMEMBER JOHNSON COUNCILMEMBER CROSS COUNCILMEMBER HECK COUNCII..MEMBER SOLLER VICE MAYOR SCHROEDER MAYOR WILSO � "TOi. UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote Sheet 5:/5—Templates&Forms/Vote Call City Council - '' City Council VOTE - ROLL CALL ITEM ## : 2 MEETING OF 2,!5- Mc TIO BY. SECONDED ED BY: NOTES: Via mNt),/- 3-L*,PP? M,4;P0 ,e ki , O - - ------ YES NQ ABSTAINED { CITY COUNCIL Ct E7> CIL MEMBER SCSI ----- VICEMAYOR SCHROEDER COUNCILMEMBER NE SER COUNCII.MEMBER CROSS COON IL.MEMBER HECK COL NCILMEMBER JOHNSON MAYOR WILSON I TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SKEET S./5-Templates&Forms/Vote Call-City Council City Council VOTE - ROLL CALL ITEM ## _ MEETING O MOTION BY: _SECONDED BY NOTES: YES No _.-ABSTAINED CITY COUNCIL: COUNCILMEMBER CROSS OUN ILMEMBER SOLLER COUNCILMEMB R NECK COUNCILMEMBER JOHNSON _----- -_-__ NICE MAYOR SCHROEDER COUNCILMEMBER NESSER MAYOR WILSON TOTAL I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SHEEN`4 S/5—Templates&'Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM J MEETING OF MOTION N BY: SECONDED BY. i YES NO ABSTAINED CITY COUNCIL: --------------- VICE MAYOR SCHROEDER -- _ __.._....._ . ------____ COUNCII_MEMBER NESSEI COUNCILMEMBER HECK COUNCILMEMB R SOLLER COUNCILMEMBER.I HNSON COUNCILMEMBER CRESS _._ - ---__—__——_-------------- _._ . _.....—_.. ---- --MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL SKEET S;J 5—Templates&Forms/Vote Call—City Council CITY OF APACHE JUNCTION f = COUNCIL MEETING AGENDA—MAYOR'S SCRIPT e .a Tuesday,January 07, 2025 A. CALL TO ORDER I would like to call the City of Apache Junction Council Meeting of January 7, 2025, to order and ask everyone to put their cell phones on silent. B. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation will be led by and the pledge by Counlmember C. ROLL CALL- At this time, I am going to announce that we will have NO Call to the Public tonight, it will be back on the January 2 . t agenda. D. CONSENT AGENDA As a reminder`-All items ender the Consent Agenda will be approved with one motion. if a councilmember wishes to remove an item for further discussion, the request will be made prior to approving the consent agenda and will be moved to New Business. 1, Consideration of acceptance of agenda. 2. Consideration of approval of minutes of regular meeting of December 17, 2024 Do I have a motion on the consent agenda? gait for the motion and the 2"' Rohl Call E. AWARDS,, PRESENTATIONS AND PROCLAMATIONS 3. oath of office and seating of newly elected mayor and councilmembers. Evie will briefly address how the Swearing in ceremony will be conducted. III OATH OF OFFICE - Evie will ask Mayor-Elect Wilson to join her for the oath of office. When the oath is completed, pause for photos with your election certificate, walk past the City Attorney and City Manager for handshakes and then take your mayoral seat at the dins. HECK OATH OF OFFICE—Evie will ask Council-elect Heck to join her for the oath of office. JOHNSON OATH OF OFFICE—Evie will ask Council-elect Johnson to join her for the oath of office. NE R OATH OF OFFICE —Evie will ask Council-elect Nesser to join her for the oath of office. When everyone is Seated: (Eve will announce) Your Honor, the Oaths of Office have been completed, you may now continue with the official business of the evening. MAYOR WILSON — Before we move onto the next agenda item of "Regional Intergovernmental Updates".. I will ask if our newly elected councilmembers would like to take a moment to say a few words and recognize family and friends that are present here or watching from home tonight. (No comments allowed from family or friends though) Councilmember Heck Councilmember Johnson Councilmember Nesser F. REGIONAL INTERGOVERNMENTAL UPDATES 4. Regional Intergovernmental meeting updates from Council. G. CITY MANAGER'S REPORT 5. City Manager's Report Call on Bryant 6. Announcement of Current Events Call on Eli H. PUBLIC HEARINGS I. OLD BUSINESS 7. Presentation and discussion on draft Ordinance No. 1561 and draft Ordinance No.1562. Call on Matt J. NEW BUSINESS 8. Presentation, discussion and consideration on the renewal of contract with Pinal County Technology Consortium Operations. Call on Pam Harrison Any discussion among council? Cho I have a motion? wait for the motion and the 2nd Roll Call 9. Consideration of nomination and selection of Vice Mayor as required by city code. Call on Evre Do l have a motion to OPEN NOMINATIONS for the office of Vice Mayor"? watt for the motion and the 2" Roll Call May©r Wilson shall recognize any councilmernber that wishes to make a nomination for vice mayor, NCilltllNA TIO S ARE TAKEN AT THIS TIME WITH NO SECOND REQUIRED—voted upon the order they are nominated. Are there any other nominations? (1) Ask this a total of times Are there any other nominations? (2) Are there any other nominations? ( ) Leo l have a motion to close nominations wait for the motion and the.2"` Roll Call May I have a roll call vote on the individuals nominated for the office of vice mayor in the order in which they were nominated. The first person receiving a majority of votes is selected as vice mayor 10. Designation of ACTING MAYOR Cali on Evie Do i1 have a motion for acting mayor? wait for the motion and the 2n Roll Gall 11. Consideration of designation of city council check signatories. City checks require the signature of a council member in addition to that of the city clerk. Cali can Eyrie Do l have a motion? wait far the motion and the 2 ` Roll Call K. COUNCIL DIRECTION TO STAFF NONE L. SELECTION OF MEETING [SATES, TIMES, LOCATIONS AND PURPOSES NONE M. CALL TO PUBLICCALL TO PUBLICTONIGHT) N. ADJOURNMENT-I adjourn this meeting. C fic-k or tat) to enter .a date.