TERMINATION OF IGA COOPERATIVE USE OF FUEL.PDF

27 December 2018
Maricopa County
ATTN: John J. Cantu, Director
Equipment Services Department
3325 West Durango Street
Phoenix, Arizona 85009
Dear Mr. Cantu:
In accordance with the terms of Intergovernmental Agreement (IGA) between Maricopa County
and the City of Buckeye Regarding Cooperative Use of Fuel, dated 1 July 2014, the City of
Buckeye hereby gives notice of its desire to cancel this 1GA as of 15 February 2019. The City of
Buckeye has been in the process of collecting all key fobs and Maricopa County Issued
Identification cards and returning them and anticipate having all returned prior to the date of
cancellation. If you have any questions please don't hesitate to contact the City of Buckeye
Public Works Director, Scott Lowe, at 623-349-6815 or email: slowe@buekeyeaz.gov.
Sincerely,

RESOLUTION NO. 4144
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF BUCKEYE, ARIZONA, APPROVING THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF BUCKEYE AND MARICOPA
COUNTY RELATING TO THE COOPERATIVE USE OF FUEL; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER
SAID AGREEMENT.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BUCKEYE, ARIZONA, as follows:
Section 1. The Intergovernmental Agreement between Maricopa County and the City of
Buckeye, Arizona (the "City") relating to the cooperative use of fuel (the "Agreement") is
hereby approved in substantially the form and substance of Exhibit A, attached hereto and
incorporated herein by reference.
Section 2. The Mayor, the City Manager, the City Clerk and the City Attorney are
hereby authorized and directed to take all steps necessary to cause the execution and delivery of
the Agreement and to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and City Council of the City of Buckeye,
Arizona, this 3rd day of June, 2014.
Jackie A. Meek, Mayor
ATTEST:
Lucinda J. Aja, City Clerk
APPROVED AS TO FORM:
Scott W. Ruby, City Attorney
SCS:PR2 2157291.1 5/12/2014

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND THE CITY OF BUCKEYE
REGARDING COOPERATIVE USE OF FUEL
THIS AGREEMENT ("Agreement") is entered into on this 1 st day of July, 2014, between
Maricopa County ("County") and the City of Buckeye ("City").
RECITALS
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
and,
WHEREAS, the parties hereto desire the free exchange of information, technology, and
other services that may assist in improving the efficiency or economy of the procurement of
necessary materials and services;
WHEREAS, the parties are authorized to enter into this intergovernmental agreement
pursuant to A.R.S. § 11-952 and A.R.S. § 41-2631 et seq.
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement, and of the benefits to result therefrom, the parties agree as follows:
1. The purpose of this agreement is to conserve resources, reduce procurement costs
and improve the efficiency or economy of the procurement of necessary materials and services.
2. That the City will obtain fuel (propane, biodiesel and unleaded) for their fleet of
vehicles, from the Maricopa County Department of Transportation service facility located at
26449 W. Highway 85, Buckeye, Arizona.
3, The Maricopa County Department of Transportation shall provide access cards
for employees.
4. Equipment Services shall provide security—coded keys for each City vehicle for
access to the fueling pumps.
5. The City shall safeguard County fuel keys utilized for fuel pump access. The City
shall notify the County immediately of the loss of fuel keys or the removal of a vehicle from the
authorized fueling list.
6. The City shall safeguard access identification cards and shall notify the Maricopa
County Department of Transportation, Customer Service at 602-506-2055 immediately of the loss
of a card or of any employee that leaves City employment.
7. The County, Equipment Services Department will monitor the quantity of fuel
obtained by the City. The County, Equipment Services Department will invoice the City monthly,
for the fuel used.
SCS: 2156744.3 516/2014 1

City: City of Buckeye
ATTN: Scott Lowe, Public Works Director
530 East Monroe Avenue
Buckeye, Arizona 85326
15. This agreement shall remain in effect until termination by either party. Either party
may terminate this agreement with or without cause by giving thirty (30) days written notice to the
other party. The City will not acquire any property which must be disposed of upon termination.
16. This agreement shall take effect after execution by both parties. Pursuant to A.R.S.
Section 41-2632, this agreement need not be filed with the County Recorder.
17. This agreement may be canceled pursuant to provisions of A.R.S. Section 38-511
which provisions are incorporated herein by this reference.
18. Upon Termination of this agreement all Access Cards will be returned to Maricopa
County Department of Transportation.
19. Upon Termination of this agreement all Fuel Keys issued by the County to the City
will be returned to Equipment Services.
20. The City is obligated only to pay its obligations set forth in this Agreement as may
lawfully be made from funds appropriated and budgeted for that purpose during the City's then
current fiscal year. The City's obligations under this Agreement are current expenses subject to
the "budget law" and the unfettered legislative decision of the City concerning budgeted purposes
and appropriation of funds. Should the City elect not to appropriate and budget funds to pay its
Agreement obligations, this Agreement shall be deemed terminated at the end of the then current
fiscal year term for which such funds were appropriated and budgeted for such purpose and the
City shall be relieved of any subsequent obligation under this Agreement. The parties agree that
the City has no obligation or duty of good faith to budget or appropriate the payment of the City's
obligations set forth in the Agreement in any budget in any fiscal year other than the fiscal year in
which the Agreement is executed and delivered. The City shall be the sole judge and authority in
determining the availability of funds for its obligations under this Agreement. The City shall keep
the County informed as to the availability of funds for this Agreement. The obligation of the City
to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the
City. The County hereby waives any and all rights to bring any claim against the City from or
relating in any way to City's termination of this Agreement.
21. This Agreement shall be governed and interpreted according to the laws of the State
of Arizona without regard to its conflict of interest provisions. In the event of any litigation or
arbitration arising out of this Agreement, the prevailing party in such litigation or arbitration shall
be entitled to recover its reasonable attorneys' fees, expert witness fees and other costs of
litigation.
22. This Agreement constitutes the complete agreement between the parties and
supersedes all prior negotiations, representations and understandings as to the matters contained
SCS: 2156744.3 5/6/2014
3

IN WITNESS WHEREOF, the parties to this agreement have caused their names to be
affixed hereto by their proper officers on the dates indicated.
"City" "County"
CITY OF BUCKEYE, an Arizona MARICOPA COUNTY an
municipal corporation
Stephen W. Cleveland, City Manager John J. Cantu, Director
Date Date
ATTEST: ATTEST:
Lucinda J. Aia, City Clerk Fran McCaron, Clerk Of The Board
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned City
Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their
respective clients and (ii) as to their respective clients only, each attorney has determined that this
Agreement is in proper form and is within the powers and authority granted under the laws of the
State of Arizona.
Scott W. Ruby, City Attorney Michelle Wood, Deputy County Attorney
SCS: 2156744.3 516/2014
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