IGA RE SOLID WASTE DISPOSAL

INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF PHOENIX
AND
MARICOPA COUNTY
City Contract No.
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into as
of January 1, 2014, by and between the City of Phoenix, an Arizona municipal
corporation ("Phoenix") and the Maricopa County, a political subdivision of the
State of Arizona("Maricopa County") (collectively, "the Parties").
RECITALS
A. Arizona Revised Statutes, Sections 11-951 through 11-954, provide that public
agencies may enter into intergovernmental agreements for the provision of
services or for joint or cooperative action. The parties hereto acknowledge that
this Agreement constitutes an Intergovernmental Agreement within the meaning
of Arizona Revised Statutes, Sections 11-951 through 11-954, and that in
accordance therewith, the Parties' intend that the burdens and benefits contained
herein be binding on and inure to the benefit of the Parties and all their
successors in interest and assigns.
B. Phoenix is empowered by Chapter II, Section 2 of the Phoenix Charter to
enter into this Agreement and has, by City Council Action on
authorized the undersigned to execute this Agreement on behalf of Phoenix.
C. Maricopa County is empowered to enter into this Agreement by Maricopa
County City Charter Art. 1, Section 3, and has, by City Council Action on
, resolved to enter into this Agreement and has authorized
the undersigned to execute this Agreement on behalf of Maricopa County.
D. Phoenix has a municipal solid waste landfill known as the SR85 Landfill
located on Patterson Road west of State Route 85 (the "SR85 Landfill"). The
SR85 Landfill is used for disposal of waste from Phoenix facilities and is closed
to the Public. No waste will be direct hauled to the SR85 Landfill without prior
approval from the City of Phoenix.
E. Phoenix has two municipal solid waste transfer stations: the North Gateway
Transfer Station located at 30205 North Black Canyon Highway (the "North
Gateway Transfer Station") and the 27 th Avenue Solid Waste Management
Facility located at 3060 South 27 th Avenue (the "27th Avenue Transfer Station").
Together, these two transfer stations are hereinafter collectively referred to as
the "Phoenix Facility". Phoenix has contracted with Recommunity Delaware,
LLC, a Delaware limited liability company to operate the Phoenix Facility.
Phoenix represents to Maricopa County that Recommunity acts on behalf of
Phoenix.

F. Maricopa County desires to enter into this Agreement with Phoenix to have
Phoenix provide; solid waste landfill disposal services, process Maricopa
County's recyclable materials and green organics materials
G. Phoenix and Maricopa County believe it would be advantageous for both
parties to use Phoenix solid waste facilities
H. The purpose of this Agreement is to set forth the parties' respective rights and
obligations with respect to use of the Phoenix facilities.
Now, therefore, in consideration of the mutual promises contained herein, the
receipt and sufficiency of which is hereby acknowledged, the parties agree to the
following.
DEFINITIONS
"Acceptable Waste" means solid waste that normally is generated by residential-
dwelling units, businesses, industrial, and commercial establishments, which
consists of (1) household wastes, (2) commercial waste (originating from entities
such as restaurants, stores, markets, theaters, hotels, and warehouses), (3)
institutional waste material (originating in schools, hospitals, research institutions,
and public buildings), and (4) small amounts of remodeling, demolition, roofing
materials, and other construction debris. Acceptable Waste does not include any
Hazardous Waste, Special Waste, or Unacceptable Waste as defined herein or
any other waste not normally accepted at the Parties' respective Facilities.
"Blended Rate" means the average sales price per ton for all material sorted and
sold at the North Gateway Transfer Station during a calendar month.
"Certified Clean Green" means: trees trimmings, brush, yard and garden
trimmings that are not bagged and free of trash, litter, recyclables and are less
than four feet in length and 12" in average diameter. Palm fronds and oleander
are unacceptable. Untreated wood, lumber and pallets are acceptable.
Manufactured wood products such as plywood, chipboard, etc. are not
acceptable as certified clean green materials.
"Hazardous Waste" means: (1) any material or substance which by reason of its
composition or characteristics is (a) toxic or hazardous waste as defined in either
the Solid Waste Disposal Act, 42 V.S.C. §§ 6901 et seq., as replaced or
amended, or any laws of similar purpose or effect, and such policies or
regulations thereunder, or under relevant state law as replaced or amended, or
any laws of similar purpose or effect, and any rules, regulations, or policies
thereunder, or (b) special nuclear or by-products material within the meaning of
the Atomic Energy Act of 1954; (2) other material which any governmental
agency or unit having appropriate jurisdiction shall determine from time to time is
harmful, toxic, or dangerous, or otherwise ineligible for transfer through,
transportation by, or disposal from or to a Facility; and (3) any material which
would result in process residue being Hazardous Waste under (1) or (2) above.
"Hot Load" means any load of materials delivered to the Phoenix Facility which is
emitting smoke, fire, or fumes and which may be in imminent danger of fire or
explosion.

"Hours and Days of Operation" means those hours that the Phoenix Facility
receives Recyclables, as posted and noticed from time to time. Currently, the
Phoenix Facility receives Recyclables from 5:30 a.m. to 5:00 p.m., Mondays
through Fridays, excluding Phoenix-observed holidays unless the holiday is a
designated Solid Waste collection day for City of Phoenix residents.
"Recyclables" means post consumer residential materials as accepted in the
Phoenix Recycles program, having residual value and suitable for use in other
products. The list of acceptable materials may be modified by Phoenix at any
time at the sole discretion of Phoenix.
"RFID" means radio frequency identification. It is a device that is attached to the
collection vehicle and that will be electronically read when the collection vehicle
travels over the unmanned scale. This device transmits a unique signal and
electronically tracks tonnages, trucks, times, etc.
"Special Waste" means any waste that is now or hereafter defined as a special
waste under or pursuant to Ariz. Rev. Stat. §§ 49-851 et seq. or any other waste
that requires special handling under federal, state, or local laws or regulations.
"Ton" means a short ton of two thousand (2,000) U.S. pounds.
"Unacceptable Waste" means that portion of solid waste, such as, but not limited
to: (1) explosives, radioactive materials, untreated bio-hazardous medical waste
as defined in A.A.C. RI8-13-1401, cesspool waste, or sewage sludge; (2) motor
vehicles, including major motor vehicle parts, agricultural and farm machinery
and equipment; (3) waste tires; (4) used oil; (5) that which in the reasonable
judgment of Phoenix may present a risk to health or to safety, or has a
reasonable possibility of adversely affecting the operation of its Facility; or (6)
waste not authorized for disposal at the Phoenix Facility by those entities having
jurisdiction over any waste, the disposal of which would constitute a violation of
any governmental requirement pertaining to the environment health or safety.
Unacceptable Waste also includes any waste that is now or hereafter defined by
federal law or by the disposal jurisdiction as radioactive, dangerous, hazardous;
or extremely hazardous waste.
AGREEMENT
1. Parties. Phoenix is a municipal corporation of the State of Arizona. The
principal office of Phoenix is located in Maricopa County at 200 West Washington
Street, Phoenix, Arizona 85003-1611
2. Term. The initial term of this Agreement shall be for a period of twenty-four
months beginning upon execution of the Maricopa County Board of Supervisors
and ending on December 30, 2015. This Agreement may be renewed in one (1)
year increments for a total of four (4) renewal years unless either party gives at
least sixty (60) days written notice of its intent not to renew prior to the renewal
date.
3. Phoenix's Acceptance. On an annual basis, Phoenix will accept solid waste
and recycling materials from Maricopa County at the Phoenix Facility
during posted facility Hours and Days of Operation. Material may be accepted
on other days and times as approved in advance by Phoenix.

4. Maricopa County agrees to inform its residents of proper recycling practices
and also agrees to enforce proper recycling practices. Maricopa County shall
observe and obey all Phoenix hours of operation, rules of conduct, traffic patterns
and speed limitations while on Phoenix property. Maricopa County shall
compensate Phoenix for any damages to Phoenix property caused by Maricopa
County vehicles or by third party haulers under contract to Maricopa County.
Compensation for damage repair will be deducted directly from the monthly
Recyclables compensation payment.
Maricopa County and any third party haulers contracted with Maricopa County to
haul solid waste or recyclables will coordinate delivery of all materials directly
with the Phoenix Facility. Deliveries by long haul trailers may be restricted to
early morning or late afternoon hours or during low tip floor use times. Long haul
deliveries must be coordinated during specific hours so as not to restrict access
to the tip area during their delivery.
5. Weighing of Solid Waste and Recvclables. Each vehicle delivering material
shall have a vehicle identification number permanently indicated and
conspicuously displayed on the exterior of the vehicle and trailer which is readily
visible to the Phoenix Facility staff. In the event the scales become temporarily
inoperable due to testing or malfunction, Phoenix shall estimate the load weight
on the basis of truck volume and historical data obtained through operation of the
Phoenix Facility. These estimates shall serve as official records for the duration
of the scale outage. In such case, a handwritten ticket may be substituted for the
computer copy. Vehicles used for delivery of Solid Waste or Recyclables must
obtain a certified tare weight for each vehicle From time to time, Phoenix may
require revalidation of the tare weight of any vehicle or re-weighing of unloaded
trucks. The City may require the installation of RFID devices on delivery
vehicles. RFID devices remain the property of Phoenix and shall be returned
when vehicles are removed from service, or upon termination or expiration of this
Agreement. A charge of $50.00 per RFID device shall be charged for each
device placed on the delivery vehicle or for replacement of lost or damaged
devices.
6. Hot Loads. In the event that a Maricopa County vehicle dumps a Hot Load,
Maricopa County agrees to pay reasonable charges for Phoenix's handling of
such Hot Load.
7. Compliance with Phoenix Facility Rules and Traffic Requirements. Maricopa
County staff and any third party haulers under contract to Maricopa County will
become familiar with and comply with all Phoenix Facility rules, traffic flows, and
speed restrictions. Failure to follow such rules and requirements may result in
restriction of Maricopa County staff and any contracted third party haulers at the
Phoenix Facility.
8. Quality of Recyclables. Material quality will be inspected by Maricopa County
staff, and will adhere to guidelines of the "Phoenix Recycles" program of what is
and is not acceptable, attached hereto as Exhibit A and as amended from time
to time in accordance with the Notice provisions hereof. Materials will be spot
check inspected by Phoenix staff or the designated operator on the Phoenix
Facility Recycling Tip Floor where the recyclables are unloaded. If materials are
determined to be excessively contaminated, in the opinion of Phoenix personnel,
then the materials will be moved immediately to the solid waste transfer area,
and Maricopa County will be assessed the then-current disposal fee (which is
presently $38.25/ton). Phoenix will immediately inform Maricopa County, and

provide picture documentation of this determination and make the materials
available for immediate inspection if operational requirements permit. Maricopa
County is aware that trucks must be fully emptied of any garbage prior to
collection of Recyclables. Contamination means any load containing 20% or
more non-recyclable material, or that is otherwise unacceptable for processing.
9. Certified Clean Green Program. Maricopa County may deliver clean loads of
green organics directly to the 27th Avenue Transfer Station for the current
discounted Certified Clean Green rate as long as the materials comply with the
definition of certified clean green and the driver identifies the load as certified
clean green to the scale clerk. The discounted rate applies only to certified clean
green materials delivered directly to 27 th Avenue. Material that does not meet
the certified clean green definition will not be discounted and will be charged at
the current gate rate. Special handling fees may apply for removing materials
from the load that do not meet the definition of certified clean green.
10. Landfill Direct Haul. Maricopa County may direct haul acceptable solid waste
to the SR85 landfill for a rate of $24.25/ton. This rate is subject to inflation
adjustment at the annual agreement renewal.
11. Household Hazardous Waste Partnership. Maricopa County may, upon
agreement, partner with the City Of Phoenix, Household Hazardous Waste
(HHW) program by sharing in event costs on an average cost per event
participant basis. In coordination with Phoenix and at the county's direction
county residents residing in unincorporated areas of Maricopa County may use
Phoenix HHW collection events. Maricopa County will pay the City of Phoenix
for each unincorporated county resident using the Phoenix HHW collection event
at the average cost per event participant times the number of county residents
who utilized the event. Maricopa County will provide one county employee to
work the event days for each event the county chooses to participate in
partnership with the City. Maricopa County must identify the events they desire
to participant in and inform Phoenix in writing no later than 30 days prior to the
event.
12. Vehicle leaks and spills. Maricopa County shall be responsible for prompt
cleanup of leaks or spills from its vehicles or contracted vehicles. Regardless of
the nature of any fluid leaking from the collection vehicle, it shall be cleaned up
within two hours. Any Recyclables that are spilled in any part of the facility other
than the designated tip area shall be immediately contained and collected by
Maricopa County staff.
13. Compensation. Payment shall be made to Maricopa County for each ton of
Recyclables accepted and processed. The rate of payment shall be a percentage
of the blended rate as indicated in the table below. Payment shall be calculated
by the 25th day of the month for the previous month and shall be payable within
30 days.
NGTS Blended Rate Maricopa County Recycling Revenue
Percentage
$120 or less 15.0%
$120.01 to $150 18.5%
$150.01 to $180 21.5%
$180.01 and up 23.5%

16.Indemnification. Each Party (as "indemnitor") agrees to indemnify, defend,
and hold harmless the other Party, including any of the Parties' departments,
agencies officers, employees, elected officials or agents, (as "Indemnitee") from
and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney fees) (hereinafter collectively referred to as "Claims") arising
out of bodily injury of any personal (including death) or property damage, but only
to the extent that such claims which result in vicarious/derivative liability to the
Indemnitee are caused by the act, omission, negligence, misconduct, or other
fault of the Indemnitor, its officers, officials, agents, employees, or volunteers.
16.1 Insurance Requirements for Governmental Parties to an IGA: NONE.
16.2 Insurance Requirements for any Contractors Used by a Party to the
Intergovernmental Agreement: If any part of this Agreement is contracted or
subcontracted, f Maricopa County shall require its contractor(s) to name the City
of Phoenix as an additional insured to the same extent that Maricopa County is
named as an additional insured as required under the contract. See Exhibit B
17.Miscellaneous.
17.1 Assignment. This Agreement shall not be assignable by either party
without the prior written consent of the other party and 60 days' notice, which
consent shall not be unreasonably withheld. Any assignee shall assume all of the
obligations of this Agreement and the assignor shall not be relieved of its
obligations under this Agreement by reason of an assignment.
17.2 Applicable Law. The laws of the State of Arizona shall govern the
interpretation and enforcement of this Agreement.
17.3 Notices. All notices, demands and other writings provided to be given,
made or sent by any party hereto to other parties shall be deemed to have been
fully given, made or sent when made in writing and personally delivered or
received by United States postpaid registered or certified mail and addressed as
follows:
To Phoenix: City of Phoenix Public Works Department
Attn: Solid Waste Administrator
200 W. Washington, 6th Floor
Phoenix, AZ 85003
To Maricopa County:
Attn: Solid Waste Manager
2919W. Durango Street
Phoenix, AZ 85009
The address to which any notice, demand or other writing may be given, made or
sent may be changed by written notice given by such party as above provided.
17.4 Conflict of Interest. No official, officer or employee of either party shall
have any direct or indirect interest in this Agreement, nor participate in any
decision relating to the Agreement that is prohibited by law. The parties hereto
acknowledge that this Agreement is subject to cancellation pursuant to the
provisions of ARS 38-511.

17.5 Employees.
17.5.1 Non-liability of Officials and Employees. No official, officer or
employee of Phoenix or Maricopa County shall be personally liable to the other
party, or any successor in interest, in the event of any default or breach by either
Phoenix or Maricopa County of any obligation under the terms of this Agreement.
17.5.2 Not Employees. The personnel of the either party to this
Agreement are not for any purpose to be considered employees or agents of the
other party, and that each party assumes full responsibility for the actions of its
personnel while performing services under this Agreement, and shall be solely
responsible for their supervision, daily direction and control, payment of salary
(including withholding income taxes and social security), worker's compensation
and disability benefits.
17.5.3 E-VerifyTo the extent applicable under Arizona Revised Statutes §
41-4401, each Party and its contractor and subcontractors warrant their
compliance with all federal immigration laws and regulations that relate to their
employees and their compliance with the E-verify requirements under Arizona
Revised Statutes § 23-214. A breach of the above-mentioned warranty by any
Party or its contractors or subcontractors shall be deemed a material breach of
the Agreement and may result in the termination of the Agreement by the non-
breaching Party. Each Party retains the legal right to randomly inspect the papers
and records of the other Party's or its contractors' or subcontractors' employees
who work on the project to ensure that the other Party and its contractors and
subcontractors are complying with the above-mentioned warranty.
17.6 Force Majeure. In addition to specific provisions of this Agreement, non-
performance by any party hereto shall not be deemed to be a default where such
non-performance is due to war, insurrection, strikes, lock-outs, riots, floods,
earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics,
quarantine restrictions, freight embargoes, lack of transportation, governmental
restrictions or priority, litigation, or unusually severe weather. In order for the non-
performing party to obtain an extension of time for any such cause, the non-
performing party must notify the performing party in writing of such force majeure
within ten (10) days of commencement of such force majeure. Moreover, notice
must contain a request for additional time, which shall only be for the period of
the force majeure. Failure of the non-performing party to notify the performing
party of such force majeure within such ten (10) days shall result in the
performing party granting only a ten (10) day extension to the non-performing
party.
17.7 No Waiver. Except as otherwise expressly provided in this Agreement,
any failure or delay by any party in asserting any of its rights or remedies as to
any breach or default shall not operate as a waiver of any breach or default, or of
any such rights or remedies, or deprive any such party of its right to institute and
maintain any actions or proceedings which it may deem necessary to protect,
assert or enforce any such rights or remedies.
17.8 Severabilitv. If any provision of this Agreement shall be found invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall not be affected thereby and shall be valid and enforceable
to the fullest extent permitted by law.

17.9 Representations and Warranties.
17.9.1 Maricopa County hereby represents and warrants to Phoenix as
follows: (1) Maricopa County has the full power and authority to execute and
deliver this Agreement to Phoenix and carry out the transactions contemplated
hereby; (2) Maricopa County has taken all necessary action to execute, deliver,
and perform this Agreement; and (3) to the best of its knowledge, neither the
execution and delivery hereof nor the consummation of the transactions
contemplated hereby nor Maricopa County's compliance with any of the terms
and provisions hereof does or will contravene any existing law, judgment,
governmental rule, regulation, or order applicable to or binding on it or any of its
properties which, if violated, would have material adverse effect on Maricopa
County's obligations under this Agreement; and (4) upon execution and delivery
of this Agreement by Maricopa County, it will constitute a legal, valid, and binding
obligation of Maricopa County enforceable against it in accordance with the
terms hereof.
17.9.2 Phoenix hereby represents and warrants to Maricopa County as
follows: (1) Phoenix has the full power and authority to execute and deliver this
Agreement to Maricopa County and carry out the transactions contemplated
hereby; (2) Phoenix has taken all necessary action to execute, deliver, and
perform this Agreement; and (3) neither the execution and delivery hereof nor the
consummation of the transactions contemplated hereby nor Phoenix's
compliance with any of the terms and provisions hereof does or will contravene
any existing law, judgment, governmental rule, regulation, or order applicable to
or binding on it or any of its properties which, if violated, would have material
adverse effect on Phoenix's obligations under this Agreement; and d. Upon
execution and delivery of this Agreement by Phoenix, it will constitute a legal,
valid, and binding obligation of Phoenix enforceable against it in accordance with
the terms hereof.
17.10 Definitions, Exhibits, and Recitals. The definitions, exhibits, and recitals
attached to this Agreement are hereby incorporated into this Agreement by this
reference, as and to the same effect as if recited at length in the body of this
Agreement.
17.11 Audit. The parties agree to retain all books, accounts, reports, files and
other records relating to the Agreement and to make such records available at all
reasonable times for inspection and audit by the other party or the Auditor
General of the State of Arizona, or their agents, during the term of and for a
period of 5 years after the completion of the Agreement.

Exhibit A
Guidelines of the "Phoenix Recycles" program
IMPORTANT RECYCLING GUIDELINES:
• All recyclable material must be relatively clean, dry, empty and uncrushed.
No need to wash recyclables. Keep items separate, do not nest.
• Do not bag, box or tie recyclables.
• No grass, yard or food waste.
• Lids are okay on most containers. Due to magnet strength for sorting iron
metal objects, it is important to remove metal lids from glass jars and
place both in your blue recycling container.
PLASTICS
Bottles and containers with recycling symbol and numbered codes 1 — 7 except for #6
(no foam).
Clean plastic tubs, buckets, baskets, storage bins, with the recycling symbol and
numbered codes are acceptable.
PLASTIC DON'TS
No plastic bags of any kind with or without a recycling symbol.
No pool chemical/household hazardous waste containers. No garden hoses.
No foam peanuts, bubble wrap, or foam packing materials.
These items can damage the sorting equipment, be harmful to workers in the sorting
facility or are too small to be sorted or make the sorting process inefficient.
GLASS
Food or beverage glass bottles and jars only. Please remove lids
NO WINDOW PANES, MIRRORS, CERAMICS, DISHES, TELEVISIONS, LIGHT
BULBS, LEADED GLASS, OR PYREX GLASS.
These items are made with treated glass, have hazardous materials in them (TVs) or
are not glass at all and cannot be recycled in Phoenix Recycles.
PAPER
Office paper - staples do not need to be removed

Newspapers - remove plastic bags and rubber bands
Magazines, catalogs, junk mail, comic books
Telephone books
Cardboard - flatten boxes to fit in blue barrel loosely.
Chipboard - cereal, cookie, tissue, gift boxes. (Remove plastic inserts/liner from boxes.
Milk/juice cartons
Juice boxes
NO HARDBACK BOOKS, SELF SEALING ENVELOPES, PHOTOGRAPHS,
EMBOSSED CARDS OR WRAPPING PAPER, MYLAR BALLOONS, NEWSPAPER
PLASTIC BAGS, RUBBER BANDS OR BLUEPRINTS.
METALS
Aluminum cans
Clean pie plates and foil
Steel cans - soup, vegetable, pet food ; place lids inside can
Metal hangers - bound with twist tie
Scrap metal under 25 pounds including small appliances
Aerosol cans - no spray paint, pesticides, oven cleaners

EXHIBIT B
Insurance Requirements
Any subcontractors shall procure and maintain until all of their obligations have
been discharged, including any warranty periods under this Agreement are satisfied,
insurance against claims for injury to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the subcontractor
or its officers, directors, agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this
Agreement and in no way limit the indemnity covenants contained in this Agreement.
The City in no way warrants that the minimum limits contained herein are sufficient to
protect the subcontractor from liabilities that might arise out of the performance of the
work under this Agreement by the subcontractor or its officers, directors, agents,
representatives, employees or subcontractors and the subcontractor is free to purchase
additional insurance as may be determined necessary.
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: The subcontractor shall
provide coverage with limits of liability not less than those stated below. An excess
liability policy or umbrella liability policy may be used to meet the minimum liability
requirements provided that the coverage is written on a "following form" basis.
1. Commercial General Liability — Occurrence Form
Policy shall include bodily injury, property damage and broad form
contractual liability coverage.
General Aggregate $2,000,000
Products — Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional
insured language: "The City of Phoenix shall be named as an
additional insured with respect to liability arising out of the activities
performed by, or on behalf of the subcontractor".
2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and non-owned
vehicles used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional
insured language: "The City of Phoenix shall be named as an
additional insured with respect to liability arising out of the activities

performed by, or on behalf of the subcontractor, including
automobiles owned, leased, hired or borrowed by the
subcontractor".
3. Worker's Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident - $100,000
Disease — Each Employee $100,000
Disease — Policy Limit $500,000
a. Policy shall contain a waiver of subrogation against the City of
Phoenix.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under A.R.S. § 23-901, AND when such contractor or
subcontractor executes the appropriate sole proprietor waiver form.
B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be
endorsed to include, the following provisions:
1. On insurance policies where the City of Phoenix is named as an additional
insured, the City of Phoenix shall be an additional insured to the full limits
of liability purchased by the subcontractor even if those limits of liability
are in excess of those required by this Agreement.
2. The subcontractor's insurance coverage shall be primary insurance and
non-contributory with respect to all other available sources.
C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance
provisions of this Agreement shall provide the required coverage and shall not be
suspended, voided or canceled except after thirty (30) days prior written notice has
been given to the City, except when cancellation is for non-payment of premium, then
ten (10) days prior notice may be given. Such notice shall be sent directly to:
Public Works Department
City of Phoenix
200 W Washington St., 7 th Floor
Phoenix, Arizona 85003-1611
D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers duly
licensed or authorized to do business in the state of Arizona and with an "A.M. Best"
rating of not less than B+ VI. The City in no way warrants that the above-required
minimum insurer rating is sufficient to protect the subcontractor from potential insurer
insolvency.
E. VERIFICATION OF COVERAGE: The subcontractor shall furnish the City with
certificates of insurance (ACORD form or equivalent approved by the City) as required
by this Agreement. The certificates for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.

All certificates and any required endorsements are to be received and approved
by the City before work commences. Each insurance policy required by this Agreement
must be in effect at or prior to commencement of work under this Agreement and
remain in effect for the duration of the project. Failure to maintain the insurance policies
as required by this Agreement or to provide evidence of renewal is a material breach of
contract.
All certificates required by this Agreement shall be sent directly to:
Public Works Department
City of Phoenix
200 W Washington St., 7th Floor
Phoenix, Arizona 85003-1611
The City project/contract number and project description shall be noted on the certificate
of insurance. The City reserves the right to require complete, certified copies of all
insurance policies required by this Agreement at any time. DO NOT SEND
CERTIFICATES OF INSURANCE TO THE CITY'S RISK MANAGEMENT DIVISION.
F. SUBCONTRACTORS: Contractors' certificate(s) shall include all subcontractors
as additional insureds under its policies. All coverages for subcontractors shall be
subject to the minimum requirements identified above.

IN WITNESS WHEREOF, the parties have caused this Intergovernmental
Agreement to be executed by their duly authorized officers and agents on the day and
year first written above.
CITY OF PHOENIX, a municipal corporation MARICOPA COUNTY BOARD OF
ED ZUECHER, Acting City Manager SUPERVISORS,
By:
By: AA.Ae )14t**Ii Chairman
Neil Mann Public Works ATTEST:
Director
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
City Clerk
AP VEDAS TO FORM: Attorney for Maricopa County
A GCity Attorney
In accordance with A.R.S. Sec. 11-952 this In accordance with A.R.S. Sec. 11-952 this
Agreement has been reviewed by the Agreement has been reviewed by the
undersigned attorney who has determined undersigned attorney who has determined
that this Agreement is in proper form and that this Agreement is in proper form and
within the powers and authority granted to within the powers and authority granted to
the City under the laws of the State of the City under the laws of the State of
Ariz Arizona.
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