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HomeMy WebLinkAboutRES 17-01RESOLUTION NO. 17-01 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION T O ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR HOUSEHOLD HAZARDOUS WASTE PICKUP PROGRAM PARTICIPATION WITH PINAL COUNTY. WHEREAS,City will conduct a household hazardous waste event including but not limited to procurement of all vendors, advertising, program management and volunteers; and WHEREAS,City will open the event to residents of Pinal County living within the boundaries set for in Attachment A; and WHEREAS,pursuant to A.R.S.§11-952(A),public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS,the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The mayor and city council approve the form of the intergovernmental agreement for household hazardous waste pickup program participation with Pinal County set forth in Attachment A;and the mayor is hereby authorized to sign the agreement on behalf of the city. 2)The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS --7 01-DAY OF rebtablyi 2017. SIGNED AND ATTESTED TO THIS -77 -11 DAY OF fitkomit/2017. RESOLUTION NO. 17-01 PAGE 1 OF 2 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 31-17. RICHARD J. STERN City Attorney RESOLUTION NO. 17-01 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR HOUSEHOLD HAZARDOUS WASTE PICKUP PROGRAM PARTICIPATION THIS AGREEMENT is entered into this 7 7Hday of t-z_zY,L.Axy 2017,by and between Pinal County, a political subdivision of the state of Arizona, ("County"), and the City of Apache Junction, an Arizona municipal corporation, ("City"), both of whom collectively shall be referred to as the "Parties" or individually as a "Party". RECITALS A.City conducts an annual hazardous waste pick-up event to allow and encourage the safe disposal of household hazardous waste by city residents.Items that the City typically accept are aerosol cans,paint,batteries,pesticides,electronics, refrigerators, washers, dryers, freezers, document shredding, and tires without rims. B.County wishes to have the event open to county residents. C.City is authorized to conduct the hazardous waste pick-up event pursuant to A.R.S. §§ 9-240 (B) (3), (4), (21) and (22), 9-276 (A) (7), (9), (16) and (19). D. County is authorized to provide for waste services to county residents pursuant to A.R.S. § 49-741. E.City and County are authorized to enter into intergovernmental agreements for purposes contemplated herein pursuant to A.R.S. § 11-952 et seq. AGREEMENT NOW, THEREFORE, City and County agree as follows: 1.City will conduct a household hazardous waste collection event (hereinafter "Event") on or about February or March each calendar year from 8:00 a.m. to 12:00 p.m., including but not limited to procurement of all vendors, advertising, program management and volunteers. 2.City shall budget $24,000 for the cost of the Event serving City residents. 3.City will allow the Event to be open to residents of County living within the boundaries set forth in Exhibit A attached hereto.City staff may verify county residency in its sole discretion. 4.County shall reimburse City for costs attributable to County resident participation in a maximum amount of $10,000 each year this Agreement is in effect.City shall forward to County within thirty (30) calendar days after each Event an invoice for repayment with reasonable documentation of county resident participation.County shall pay City the associated costs within thirty (30) calendar days from receipt of the invoice. Should there be a dispute as to the amount due, the Parties shall retain an independent third party within twenty (20) days from the first date there is a disagreement to review the bills for an opinion on the appropriate amount.The Parties shall pay the independent third party his or her fees split 50/50 between the Parties within ten (10) calendar days after the opinion is sent to the Parties. 5.County shall have no other responsibility relating to the Event. 6.To the extent that liability insurance is not covered for negligent acts, each Party agrees to defend and indemnify each other from whatever available funding sources. 7.This Agreement shall be valid upon execution and shall continue for a term of three (3) years with an option to renew for an additional two (2) years unless either Party terminates this Agreement for any reason upon sixty (60) days' written notice to the other Party by overnight delivery service or first class certified mail,postage prepaid, addressed to the other Party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their representatives' respective signatures. THE CITY OF APACHE JUNCTION,PINAL COUNTY, a political subdivision an Arizona municipal corporation of the State of Arizona, By: Jeff Se Mayor ATTEST: Kathleen Connelly City Clerk 2 e% Chairman of the Board of Supervisors AT1tST:., Sheri Cluff Pinal County Clerk of the Board APPROVAL AS TO FORM Pursuant to A.R.S.§11-952 (D),the undersigned attorneys have reviewed the Intergovernmental Agreement between Pinal County and the City of Apache Junction and have determined that it is in proper form and within the powers and authority granted to the Parties under the laws of Arizona. R. Joel Stern Apache Junction City Attorney 3 , -Kevin Costello Pinal County Deputy Attorney par:* Re.) •0,,r4"-.. _ - ... ,•:-a - - - ,-,T,.(f, x 9 ' --,'"D •- -.•'0,,,.tEl , 7 .--,:..-::-4.7 • • 144.4-4 LI '1,q ‘'••••• riM •`•''' -• ':•'4 .. , 6:-..;•' •:_v R• >4 a •-..__.\'' .- *-C.'i i,'..„f '.,, F(.60Y.411 ..;'....t/.1,---'a -@4•::t ci. "ire-Te•-i•Q,a _Z,:i'...Tp,reirt? F. --'f' 1P3.101-it'IQP Z-11 r ,...,- (•-•:E —Eiv,4 .r.„ re.;Apache ,-,,,',..77 -(...,",IF . J.isfriqtri Dr L'...Junction .F.."' 'A P. '-'401--t:..• '• VA A.A',....AMTZ,'/1,7,1 :aqb Alr•:=71 • , ,52rdiC4V AV..?ii./.7,,..,.., --AO • ••••...,...-••• ',--,•••-- -'- .(0c2i-rl•f••--•,:;!-•,k.y,• .-: •.,?-i.s..t.APs•z.?-...:-.7••••....,,,,0 .•.••c,-, 0, ,5(-4.,.-, •••..fEv•311/:',I.k4 -0 •••.'• • I 1 *f4.4f,:.•4r14;•-•••••,24 '-1. -1.,-....,0,C.>• -' '1•7 11:(i ......., •:'r :,.r,----2, ,...,_,-.• .•...:-;...f.,••g • ., ,d..' I : • ,,f„?'.'7,... c,--, -..• ,' /-_.„-:,.,-. , ,- .Q,' 133 . • ....,.. --•:. _,i.; -s-.-• ..—.... • . '.:,---,' --- : -- .-... -.- •• •. •Area of Pinal County Eligible for Cleanup Approximate population within eligible unincorporated area: 20,156 ._ rs 10P4.790fiCIMMMUM44.fferti"