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Home My WebLink AboutRES 22-40 RESOLUTION NO. 22-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT CONTINUING THE HOUSEHOLD HAZARDOUS WASTE PICKUP PROGRAM WITH PINAL COUNTY. WHEREAS, from 2017 through 2022, the City of Apache Junction ("City") partnered with Pinal County (`County") through an intergovernmental agreement ("IGA") for household hazardous waste pickup events (the "Program") ; and WHEREAS, after having a successful experience, City and County desire to continue the Program for another ten (10) years; and WHEREAS, City will continue its partnership to allow County residents to participate and County will continue to contribute up to $10, 000 per each spring and fall event for a total of $20, 000 each fiscal year; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other governmental entities for joint or cooperative activities; and WHEREAS, City and County have crafted the attached IGA 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 council approve the form of the intergovernmental agreement for the above-noted household hazardous waste pickup program as set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of 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 RESOLUTION NO. 22-40 PAGE 1 OF 2 APACHE JUNCTION, ARIZONA, THIS DAY OF , 2022 . SIGNED AND ATTESTED TO THIS `7 DAY OF (Qe _, 2022 . � 1 Chip Wil on Mayor ATTEST: A'.'4 -. L. i4aifer Ana City Clerk APPROVED AS TO FORM: g•29.22 RICHARD J. STERN City Attorney RESOLUTION NO. 22-40 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND PINAL COUNTY FOR THE HOUSEHOLD HAZARDOUS WASTE PICKUP PROGRAM THIS AGREEMENT is entered into this day of Q , 2022, ("the Execution Date") by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City"), and PINAL COUNTY, a political subdivision of the State of Arizona, ("County"), both sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. City conducts an annual hazardous waste pick-up program 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. From 2017 through 2022, County and City entered into an intergovernmental agreement ("IGA") allowing the Parties to partner in this program. C. Because the very successful partnership formed by the 2017 IGA has ended, the Parties have a desire to enter a new IGA with a longer term. D. City is authorized to conduct the program generally by eliminating potential hazardous waste producing appliances and materials naturally containing hazardous waste pursuant to A.R.S. nuisance regulations in §§ 9- 240(B)(3), (4), (21) and (22), 9-276(A)(7), (9), (16) and (19), and County and City collectively are authorized to provide for waste services to residents pursuant to A.R.S. §49-741. E. City and County are also generally authorized to enter into IGAs for purposes contemplated herein pursuant to A.R.S. § 11-952 et seq. AGREEMENT NOW, THEREFORE, City and County agree as follows: s 1. City will conduct two household hazardous waste collection events (hereinafter each an "Event") on or about fall and. spring each fiscal year from 8:00 a.m. to 12:00 p.m. at City public works facilities in Apache Junction, and such an Event includes procurement of all vendors, advertising, program management and volunteers, as well as vendor pick-up of materials. 2. City will allow an 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. 3. The County shall reimburse the City for costs attributable to County resident participation at an Event with a maximum fiscal year contribution amount of$20,000. City shall forward to County within thirty (30) calendar days an invoice 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 mediator within five (5) calendar days from the first date there is a disagreement who shall review the bills and provide an opinion on the appropriate amount. The Parties shall pay the independent mediator their fees split 50/50 between the Parties within ten (10) calendar days after the opinion is provided to the Parties. 4. County shall have no other responsibility relating to an Event. 5. This Agreement shall be valid upon execution and shall continue for a term of ten (10) years with an option to renew for an additional two (2) years unless either Party terminates this Agreement for any reason upon sixty (60) calendar 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 to be signed by their duly authorized representatives' respective signatures as of the day and year first above written. COUNTY: CITY: PINAL COUNTY, a political CITY OF APACHE JUNCTION, subdivision of the State of Arizona ARIZONA, an Arizona corporation C By: By; Jeffrey McClure Chip W son a/4u_14 Chairman of the Mayor Board of Supervisors 2 ATTEST: ATTEST: By: By: Natasha Kennedy Je fer Pef Pinal County Clerk of the Board City Clerk STATE OF'ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 2022, by Jeffrey McClure as Chairman of the Board of Supervisors of Pinal County Arizona, a political subdivision. Notary Public My Commission Expires: STATE OF-ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of {' [n� 2022, by Chip Wilson, as Mayor of the City of Apache Junction, Arizona, an Arizona,municipal corporation. Wary Pu , is My Commission Expires: tnser OFFICIALSEAL ' Jennifer D Pena NOTARY PUBLIC-ARIZONA m Maricopa County `a eN COMM# 575749 My Comm.Expires Nov.A8,2023 3 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 Chris Keller Apache Junction City Attorney Chief Civil Deputy Attorney Pinal County 4 EXHIBIT A 5 jj ��tt f RR Ot' F D � ti to q 4. 't>h qs m a �p � a y� a Hazardous Waste Cleanup Ra, h Rd Location a � f Road _tbrbk �• o ^V Highway i a Cr Ocotillo R Area of Pinal County Eligible for Cleanup '1 .utti dd Rd fir - ` r Incorporated City i Ni N F- County Boundary 'I WL de Approximate population within eligible S o•, bs Rd unincorporated area:20,156 t � � � Lk U� aii fk i Y�� f t ♦ � � � r .YY Y � S ^y, k"tl ,ry i' K� V ^` ,�� ",1 y � r :. vi •*f� fir r T( �y..a � :. s n,s' y-�"�ar ,°�.� ~kr _ w t r £F" "a3 try c x�b � �,f,,..s � ;_ '' ,£: f *= Yy r y�,x�^`" �. i ,sv s 's s r. z �.: � g s ¢.- �� k y� x, i.� �fi rc� k`' y o- ra r � �• �i�'+� P' i.,.,r+ c 7 t�•n x- •.t^ s�^* � a n*x'v f 3 �'E' �.i a '' .. � � ...s-.v a*' K.`.� t� � s ul' k * 4� ° .. `` 4 � �yM t, a, s aw;'Esz ` yz,� a s~3.E„"�"r• ': ^e � r .:", "�.+ Av � � �� b�`�� ,_ . 202 a`rx' 7�� z . ' 'r ;Y WY 'r "ask fl x g sa„ niYE^a. Gx va> M„ '' :y�' r~E v �a a fza t 'ys 0 F " y"' A t a > c :;�` t}� :; z��sna �� .Sy"q^�s:�a�?aK��J•,.a"' w�ab. y7`` m'� `�y''e �'M ~z g ,� �' �": r,,f-t�`�e'ar3�s a�"� ." " ge ,. i ix,,..: �, l a ��T „r v a : s � "" >ixx •,sx <.r aa� r xrEC �a #' ��,'y§"'a ,. arx; a'+t`E e " �.m`a�.- as r s a �` `:ar.^W t Y ¢am M:,„� x *t, `xa•v 3°a A.� *' a'.'a v^ .t a v `t. ,�:" a a s e R,"x `3 's t" z i r a.; a• .t a ,'w: +, ,d ,y x + - P10 0+ N� F � � y �4��f � �"�'k t� e�.'`�'z,.�a•"�i., ,ut��tn,�t✓x \`�,p�� a a"�4z"��".d�„�:""�� : ' Hazardous Waste Cleanup Ra h Rda Location R Road Highway a Q : , 04ota�lo R: Area of Pinal County Eligible for L ,wz Cleanup SP t x , „ y t �ri tF� ood.[td t x a Incorporated City a a sherry Lnt. County Boundary A x f>M Approximate population within eligible `�r ` E T unincorporated area:20,156 � 7,- 6vw"uc.........T..,�.__