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.)
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