Amendment No. 1

City of Glendale — Regular Meeting (2022-05-24)

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C€19-0537-1

AMENDMENT NO. 1
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PEORIA
AND
THE CITY OF GLENDALE FOR
LANDFILL DISPOSAL SERVICES
(Contract No. C19-0537)

This Amendment No. 1 (“Amendment”) to the Intergovernmental Agreement between the
City of Peoria and the City of Glendale for landfill disposal services (“Agreement”) is made
this day of , 2022, (“Effective Date”), by and between the City of
Glendale, an Arizona municipal corporation (“Glendale”) and the City of Peoria, an Arizona
municipal corporation, authorized to do business in Arizona (“Peoria”).

RECITALS

A. Glendale and Peoria previously entered into an Intergovernmental Agreement
between the City of Peoria and the City of Glendale for landfill disposal services,
Contract No. C19-0537, dated June 24, 2019 (“Agreement”); and

B. Under section 2.1 B. of the original IGA, Peoria residents will be charged the
established rate in Section 3.3 for self hauled loads. Section 3.3 is being amended to
increase the rate to be changed as a Tipping Fee to ensure Glendale is recovering its
operational and capital costs for disposing of Peoria's waste; and

Cc, Under section 2.1 C. of the original IGA, Peoria residents will be assessed a tire
handling fee to be increased to $4.00 per tire effective March 1, 2022, and increase to
$5.00 per tire January 1, 2023; and

D Under section 3.3 of the original IGA, all loads delivered after 5:00 p.m. (AZ time)
will be assessed an additional $7.00 per ton.

E. Glendale and Peoria wish to modify and amend the Agreement subject to and strictly
in accordance with the terms of this Amendment.

AGREEMENT

In consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Glendale and
Peoria hereby agtee as follows:

1. Recitals. The recitals set forth above ate not merely recitals, but form an integral
patt of this Amendment.
2. Term. The term of the Agreement is unchanged.

3. Scope of Work. The Scope of Work is unchanged.

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Compensation. Compensation is amended to increase certain fees as provided
herein.

A. Section 2.1 (c) is amended as follows:

Waste tires delivered by Peoria residents will be accepted and assessed a waste tire
handling fee of $4.00 per tire (in addition to Tipping Fee) effective March 1, 2022,
and increased to $5.00 per tite (in addition to Tipping Fee) on January 1, 2023.

B. The Tipping Fees to be charged as provided in Section 3.3 are amended as
follows: The Tipping Fee is increased to $30.00 per ton beginning March 1, 2022.

Tipping Fee Applicable Term

$30.00 Match 1, 2022 through June 30, 2024

C. The time to deliver loads without incurring a surcharge is changed from 4:30 p.m.
to 5:00 p.m. Accordingly, the language in Section 3.3 is amended to read: All loads
delivered after 5:00 p.m. (AZ) timewill be assessed an additional fee of $7.00 per ton.

Insurance Certificate. A new certificate applying to the extended term must be
ptovided prior to this date to Materials Management and the Contract Administrator.

Non-discrimination. Peoria must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability. Peoria will
require any Sub-contractor to be bound to the same requirements as stated within
this section. Peoria, and on behalf of any subcontractors, wartants compliance with
this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are
applicable, the parties hereby certify that they are not currently engaged in, and agree
for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S § 35-393.

Attestation of PCI Compliance. When applicable, Peoria will provide the
Glendale annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Peoria with oversight
responsibility.

Ratification of Agreement. Glendale and Peoria hereby agree that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in
full force and effect and that if any provision of this Amendment conflicts with the
Agreement, then the provisions of this Amendment shall prevail.

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CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

CITY OF PEORIA, an
Arizona municipal corporation

By: _ Cathy Carlat

Its: Mayor

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