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Amendment to the Intergovernmental Agreement for
Waste Collection and Transportation Mutual Aid
This Amendment (‘Amendment’) to the Intergovernmental Agreement for Waste
Collection and Transportation Mutual Aid (“IGA”) is entered into among Participating Arizona
Cities and Towns listed in Appendix A to this Amendment and the Salt River Pima-Maricopa Indian
Community.
RECITALS
A. The Parties listed in Appendix A to this Amendment are the original parties to that certain
Intergovernmental Agreement for Waste Collection and Transportation Mutual Aid
Contract 2017-036-COS dated February 21, 2017. Such Parties may-also be referred to
collectively as “Amendment Parties” and individually as an “Amendment Party” herein.
B; The Intergovernmental Agreement for Waste Collection and Transportation Mutual Aid
Contract No, 2017-036-COS was approved by City of Scottsdale City Council by
Resolution 10714 on February 21, 2017
C. This Amendment allows the Salt River Pima-Maricopa Indian Community (“SRP-MIGC” or
“Community”) to be included as a participating “Party” to the IGA for those Cities and
Towns authorizing its adoption.
D. This Amendment shall be of no force or effect for those Parties to the IGA that choose not
to authorize its adoption.
E. This Amendment shall be effective as to each Amendment Party on the date set forth for
the signature for each such Amendment Party.
NOW, THEREFORE, in consideration of the foregoing and intending that the City rely
upon this First Amended Agreement to their intergovernmental agreement to add Salt
River Pima Maricopa Indian community as a Party, the parties agree as follows:
Section 1: Amendments to the IGA, Section 23. A new Section 23 is added to the IGA, as
follows:
23. Addition of the Salt River Pima Maricopa Indian community as a Party
23.1 The Community and other Amendment Parties agree that the Community
shall be joined as a new Party in accordance with Section 3.2, subject to the additional
terms, conditions, and agreements set forth in this Section. In the event of any conflict
between the provisions of this Section and any other provision of the IGA as it relates
to the Community, the provisions of this Section shall control.
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23.2 Disputes arising out of the IGA and this Amendment between the
Community, and any other Amendment Party shall exclusively be addressed as set
forth in this Section. The Community and the applicable Amendment Party agree to
try and resolve any dispute arising out of the IGA or this Amendment first by informal
meetings. If informal meetings fail to resolve the dispute, then the Amendment Parties
agree to try and resolve the dispute through mediation. if mediation is unsuccessful,
then the Amendment Parties agree that they shall resolve the dispute through
arbitration in accordance with the then current Rules of Commercial Arbitration of the
American Arbitration Association or any successor organization (the "AAA"). In the
event of a conflict between this Amendment and the AAA Rules, this Amendment shall
govern.
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23.2.1 Mediation. The Amendment Party desiring to initiate the mediation
process shall give written notice to that effect to the other Amendment Party and,
in such written notice, include a brief statement of its claims. Within 10 days of the
notice of intent to mediate, the Community and the applicable Amendment Party
shall meet for the purpose of attempting to jointly selecting a mediator to serve in
the matter. The mediation proceeding shall be held within 60 days of the
appointment of the mediator. The applicable Amendment Parties shall bear the
cost of such mediation equally between them.
23.2.2 Arbitration. In the event of failure of mediation, the applicable
Amendment Parties shall proceed to arbitration, except that if the parties are
unable- to jointly agree on an arbitrator, then each party shall select a
representative generally recognized for ability in mediation/arbitration in the State
of Arizona, and the representatives select a third such person to serve as
arbitrator. The arbitration proceeding shall be held within 60 days of the selection
of the arbitrator. The arbitrator shall render his or her decision within 30 days after
the conclusion of the arbitration proceeding. Any arbitration conducted pursuant
to this Section shall be final and binding upon the applicable Amendment Parties.
The prevailing Amendment Party in such arbitration shall be entitled to file the
decision and award with the United States District Court in Phoenix, or if the United
States District Court lacks jurisdiction, then in the Maricopa County Superior Court,
and have judgment rendered thereon in accordance with applicable law. The
prevailing Amendment Party shail be entitled to all costs incurred in connection
with the arbitration proceeding, including its reasonable attorneys’ fees, the
arbitrator's fees, witness fees and other costs as determined by the arbitrator.
23.2.3 General Considerations. The time periods prescribed in this Section
may be shortened or extended by mutual written agreement. All provisions of the
IGA not in dispute shall be observed and performed without interruption during the
pendency of the procedures specified in this Section. The Community does not
waive, limit or modify its sovereign immunity from unconsented suit, except as
specifically provided in this Amendment. The Community hereby grants a limited
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Contract No. 2017-036-COS-A1
Section 2.
waiver of sovereign immunity for the sole purpose of authorizing an arbitration
proceeding as described above and to bring a judicial action in the United States
District Court in Phoenix or, if the United States District Court lacks jurisdiction, in
the Superior Court of Maricopa County, Arizona, for the enforcement of an
arbitration decision (or failure to submit to arbitration, if applicable) authorized
under and related to the IGA and this Amendment. This limited waiver of sovereign
immunity does not consent to or authorize a judicial action for damages against
the Community other than the enforcement of arbitration decisions (which includes
specific performance of the provisions of an arbitration decision).
All other provisions of the !GA not expressly modified herein shall remain in full
force and effect.
[Signature Pages Follow]
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF MESA, a municipal corporation
By
Title.
Date.
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Mesa
City Attorney
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Contract No. 2017-036-COS-A1
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SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF AVONDALE, a municipal corporation
a +
By Chertene Penilla (Dec (7, 202) 12:73 HST)
° for City Manager
Tith
Date Dec 17, 2021
ATTEST:
S A
Un corwv fags
City Clerk Leon’
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Avondale
Nicholle Harris (Dec 20, 2021 07:35 MST)
City Attorney
{00410296.1}
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF AVONDALE, a municipal corporation
By
Title
Date
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Avondale
City Attorney
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
TOWN OF GILBERT, a-municipal corporation
By
Title.
Date
ATTEST:
Town Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
Town of Gilbert
Town Attorney
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF PEORIA, a municipal corporation
By
Title
Date
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Peoria
City Attorney
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Contract No, 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF Phoenix, a municipal corporation
By
Title
Date.
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Phoenix
City Attorney
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Contract No. 2017-036-COS-A1
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SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
TOWN OF QUEEN CREEK, a municipal! corporation
By
Title
Date
ATTEST:
Town Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
Town of Queen Creek
Town Attorney
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Contract No, 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF SCOTTSDALE, a municipal corporation
By
David D. Ortega, Mayor
Date ob fas [aaa
ATTEST:
Bev dene.
Ben Lane, City Clerk
APPROVED AS TO FORM and within
the ee. authority granted
under t s of Arizona to the
Seditsdale
ene terea naw a= —
Sherry R. Scott , City Attorney
By: Eric C. Anderson, Senior Assistant City Attorney
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutua! Aid
CITY OF TEMPE, a municipal corporation
By
Title
Date
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Tempe
City Attorney
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Contract No. 2017-036-COS-A1
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SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutuai Aid
CITY OF GLENDALE, a municipal corporation
By
Title
Date
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Glendale
City Attorney
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
CITY OF SURPRISE, a municipal corporation
By
Title
Date
ATTEST:
City Clerk
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
City of Surprise
City Attorney
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Contract No. 2017-036-COS-A1
SUBJECT: Amendment to the Intergovernmental Agreement for Waste Collection and
Transportation Mutual Aid
Salt River Pima-Maricopa Indian Community
By
Title,
Date
ATTEST:
Secretary
APPROVED AS TO FORM and within
the power and authority granted
under the laws of Arizona to the
Salt River Pima-Maricopa Indian Community
Legal Counsel
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Contract No. 2017-036-COS-A1
Appendix A
City of Mesa
City of Avondale
City of Glendale
City of Peoria
City of Phoenix
City of Scottsdale
City of Surprise
City of Tempe
. Town of Gilbert
10. Town of Queen Creek
11. Salt River Pima-Maricopa Indian Community
OMNAARAWNA
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Contract No, 2017-036-COS-A1
C19-0356
INTERGOVERNMENTAL AGREEMENT FOR
WASTE COLLECTION AND TRANSPORTATION MUTUAL AID
This Intergovernmental Agreement (“Agreement”) is entered into among
Participating Arizona Cities and Towns listed in Appendix.A to this Agreement as of
February 21, 2017 (the “Effective Date”) and as later added pursuant to Section 3.2
below. The participating Cities and Towns may be referred to collectively as “Parties”
and individually as a “Party.”
1. Definitions
Aiding Party means the Party supplying Resources to a Requesting Party.
Authorized Designee means a Party's employee that is authorized to request aid
or supply aid under this Agreement.
Backfill Costs means the compensation of the Aiding Party's replacement
personnel who perform the regular duties of other personnel who are deployed to
supply aid to a Requesting Party under this Agreement.
Costs mean the actual expenditures of funds by a Party supplying aid, including
Backfill Costs and Indirect Costs.
Equipment means mechanical equipment and vehicles including but not limited
to automated side loaders, bin/barrel delivery vehicles, front loaders, rear loaders,
backhoes, front-end load tractors, pick-up trucks, mobile equipment, trailers, and dump
trucks.
Indirect Costs means 10% of the total expenditures of funds by the Party
supplying aid.
Inventory means non-mechanical equipment and containers including but not
limited to large-volume containers, bins, and roll-off containers
Minor Damage means scratches, scrapes, or dings to Equipment and Inventory.
Moderate Damage means large dents or other damage requiring significant
repairs before the Equipment and Inventory can be used again for its intended purpose.
Requesting Party means the Party requesting aid in the form of Resources from
other Parties to this Agreement.
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Resources means Equipment, Inventory, Supplies and Staff.
Severe Damage means damage requiring either outright replacement or major
reconstruction of the Equipment and Inventory before it can be used again for its
intended purpose.
Staff means the employees of the Aiding Party who are qualified, based on
training and experience, and licensed as may be required by State Law and the Federal
Motor Carrier Regulations, to operate the Equipment supplied.
Supplies means items necessary for operations and maintenance by a provider
of solid waste services other than Equipment and Inventory, including but not limited to
shovels, brooms, cones, etc.
2. Recitals
2.1. The Parties desire to enter into this Agreement pursuant to Title 11,
Chapter 7, Article 3, Arizona Revised Statutes (A.R.S. §§ 11-951, ef seq.) and the
authorization of their respective legislative or other governing bodies.
2.2 The scope of this Agreement is to (1) provide procedures for the Parties to
request and supply Resources for waste collection and transportation aid or other
assistance for emergencies (i.e. storm response clean ups, etc.) to one another; and (2)
provide the process for compensating an Aiding Party for supplying Resources to a
Requesting Party.
3. Term of Agreement and Extension
3.1. This Agreement shail be in effect from the Effective Date through June 30,
2021, and if applicable, the date of any extension as set forth herein.
3.2. Any Party may terminate its participation in the Agreement at any time by
indicating its intent to terminate in writing and submitting that written notification to the
other Parties. A new party may join the Agreement by its governing body approving an
unmodified copy of this Agreement at any time during the Term or an extension. A new
Party shall, within ten (10) days of approval by its governing body, provide the other
Parties with an executed signature sheet and a revised Appendix A.
3.3 The Parties may agree to extend the Term of this Agreement for one (1)
additional term of five (5) years. Not later than March 1, 2021, each Party shail notify
the other Parties of its desire to extend the Agreement for an additional five (5) years.
The Parties that indicate a desire to extend the Term shall be the Parties to the
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Agreement after June 30, 2021; Parties that do not indicate a desire to extend will be
deemed to have elected to terminate their participation in the Agreement. Subsequent
extensions shall require an amendment to this Agreement pursuant to Section 11
below.
4, Procedure for Requesting and Supplying Aid
4.1. A Requesting Party that needs aid or assistance in excess of or
supplementing its own Resources to respond to an emergency may request aid from
any Party to this Agreement. Requests for aid shall identify (1) the basis or need for
Resources, (2) the Resources needed, and (3) the estimated period of time during
which such mutual aid shall be required.
4.2 After a Party receives a request for aid or assistance, the Party’s
Authorized Designee will promptly evaluate whether it is able to supply the Requesting
Party with Resources. Following that evaluation, the Authorized Designee will promptly
inform the Requesting Party whether it can supply Resources to aid the Requesting
Party. If the Authorized Designee fails to respond within 48 hours, the request for aid or
assistance will be deemed rejected.
4.3 To the extent the Aiding Party is able to supply the Requesting Party with
Resources, the Authorized Designee will promptly inform the Requesting Party of: (1)
the type and quantity of Resources it can supply; (2) the approximate arrival time of
those Resources; (3) any special requirements the Requesting Party will need to utilize
the Resources; and (4) any variations from the reimbursement provisions of this
Agreement for said Resources.
4.4 Inall instances, the Aiding Party shall render such mutual aid as it is able,
taking into consideration the Aiding Party’s commitments and operational obligations
within its own jurisdiction. The Aiding Party shall be the sole judge of what mutual aid it
is able to furnish to the Requesting Party.
4.5 The Aiding Party's Authorized Designee retains the right at any time to
withdraw from the Requesting Party some or all of its Resources upon 24 hours-notice
to the Requesting Party's Authorized Designee.
5. Obligations as Parties
5.1. Each Party shail have its Solid Waste Department Director (or equivalent),
or his/her designee, serve on an informal committee comprised of such representatives
of the Parties to this Agreement. The committee shall:
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5.1.1 Meet at least annually to exchange the information required under
Subsection 5.2;
5.1.2. Discuss any changes that may be needed for this Agreement;
5.1.3. Identify an Authorized Designee, or the Authorized Designee’s
delegate from each Party, including 24-hour contact information, and maintain
relatively current Resource information made available by the Party for mutual
aid response. The Party's Authorized Designee shall be the contact person
when a Requesting Party requires mutual aid;
5.1.4. Undertake all other responsibilities set forth in this Agreement, and
5.1.5. Conduct other actions as necessary to implement this Agreement.
5.2. In order to expedite the ability to obtain required insurance, within sixty
(60) days of the Effective Date and at least annually thereafter, each Party shall send to
the other Parties’ designated committee members a list of its available Inventory and,
for Equipment that may be made available by the Parties in implementing this
Agreement, the following information:
5.2.1. Vehicle Identification Number (VIN).
5.2.2 Make/model.
5.2.3 Estimated value of the Equipment.
5.2.4 Registered owner of the Equipment.
5.2.5 Any special license or certification required to operate the
Equipment.
5.2.6 Size of the trailer, if any, necessary to transport the Equipment.
5.3 The Requesting Party agrees that it will be responsible for any Minor
Damage, Moderate Damage, or Severe Damage, including theft of Resources or fire
damage, as well as any regular maintenance required to said Equipment and Inventory
while in its care, A joint inspection will be conducted by the Requesting Party and Aiding
Party at the time of pickup and drop-off of the Equipment and Inventory.
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