MARICOPA_COUNTY_PHX_RECYCLE_IGA_11.5.2024.PDF

Maricopa County — Formal (2024-12-11)

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INTERGOVERNMENTAL AGREEMENT 
BETWEEN  
CITY OF PHOENIX 
AND 
MARICOPA COUNTY 
 
 
City Contract No. ____________________ 
 
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into as of                      
February 1, 2025, by and between the City of Phoenix, an Arizona municipal corporation 
(“Phoenix”) and Maricopa County, a political subdivision of the State of Arizona 
(“Maricopa”) (collectively, the “Parties” and individually a “Party”). 
RECITALS 
A.  
Arizona Revised Statutes (A.R.S.), 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 A.R.S. § 
11-952. 
B.  
Phoenix is empowered by Chapter II, § 2 of the Phoenix Charter to enter 
into this Agreement and has, by City Council Action on October 16, 2024, authorized the 
undersigned to execute this Agreement on behalf of Phoenix. 
C.  
Maricopa County has, by County Board of Supervisors’ action on ________ 
authorized the undersigned to execute this Agreement. 
D.  
Phoenix is the owner of the North Gateway Materials Recovery Facility 
located at 30205 N. Black Canyon Highway and the 27th Avenue Materials Recovery 
Facility located at 3060 S. 27th Avenue (these two facilities are herein collectively referred 
to as “MRFs”). Phoenix has contracted with Balcones Recycling Phoenix, LLC for the 
operation of both MRFs during part or all of this Agreement. Phoenix represents to 
Maricopa that Balcones Recycling Phoenix, LLC currently acts on behalf of Phoenix for 
the operation and maintenance of the MRFs.  
E.  
Maricopa desires to enter into this Agreement with Phoenix to allow delivery 
of recyclable materials collected by Maricopa and have Phoenix process Maricopa’s 
recyclable materials at both MRFs.   
F.  
Phoenix and Maricopa believe it would be advantageous for Maricopa to 
deliver to Phoenix, and Phoenix to accept Recyclable material at the MRFs from the 
standpoint of efficiency of collection and disposal, vehicle routing, avoidance of excessive 
travel times and distances, fuel economy and efficiency, and reduction of air pollution. 
Additionally, Maricopa may also choose to use Phoenix facilities for green organics 
diversion and/or disposal of Municipal Solid Waste (“MSW”).    
                     
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G.  
The purpose of this Agreement is to set forth the Parties’ respective rights 
and obligations with respect to Phoenix’s acceptance of Maricopa’s Recyclables at the 
MRFs. 
Now, therefore, in consideration of the mutual promises contained herein, the receipt and 
sufficiency of which is hereby acknowledged, the Parties agree as follows: 
 
DEFINITIONS 
“Average Quarterly Outbound Blended Rate” means the average sales price per ton for 
all material sorted and sold at the North Gateway MRF during a calendar month including 
tonnage from rejects. 
“Excessive Contamination” means any load containing 35% or more non-recyclable 
material or that is otherwise unacceptable for processing. 
“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 U.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 MRFs 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 MRFs receive Recyclables, 
as posted and noticed from time to time. Currently, the MRFs receive 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.   
 
“MSW” means Municipal Solid Waste or any garbage, bulk trash, and other materials or 
products, including putrescible and non-putrescible waste, organic and inorganic waste, 
combustible and noncombustible waste, and liquid nonhazardous waste discarded by the 
public, but not including hazardous waste or human body parts.  
 
“Processing Fee” means the sum of the processing fee paid to the MRF processor, 
revenue share to the processor and any Phoenix operating costs to run the recycling 
facility not covered by what is paid to the processor. 
“Recyclables” means post-consumer residential and commercial/business materials as 
accepted in the Phoenix Recycles program, having residual value and suitable for use in 
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other products. The list of acceptable materials may be modified by Phoenix, with 
reasonable notice to Maricopa, at any time at the sole discretion of Phoenix.  
 
“Rejects” means non-recyclable waste that is delivered to the facility which is separated 
from Recyclable materials during processing. 
“RFID” means radio frequency identification. It is a device that is attached to the delivery 
vehicle and that will be electronically read when the delivery 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 A.R.S. §§ 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. R18-13-1401, 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 MRF; or (6) waste not authorized for disposal at the MRFs by those entities having 
jurisdiction over any waste, the disposal of which would constitute a violation of any 
governmental requirement pertaining to the environment, or 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. Term. The term of this Agreement shall be for a period of 12 months, beginning on 
February 1, 2025, and ending on January 31, 2026. This Agreement may be renewed 
in one (1) year increments for a total of four (4) renewal years upon written mutual 
agreement of Phoenix and Maricopa. 
2. Phoenix’s Acceptance. Phoenix will accept up to 2,500 tons of Recyclables annually 
from Maricopa at the MRFs as part of the Phoenix Recycles program. Maricopa can 
deliver Recyclables to the MRFs during their Hours and Days of Operation and may 
bring Recyclables on other days as approved in advance by Phoenix. 
3. Maricopa County’s Delivery. Maricopa may deliver up to 2,500 tons of Recyclables 
annually to the MRFs. Maricopa shall, in good faith, deliver only acceptable recycling 
materials to the MRFs for processing. Maricopa agrees to inform its residents of 
proper recycling practices and also agrees to enforce proper recycling practices. 
Maricopa shall be responsible for arranging a recycling processing contingency plan 
in the event that Phoenix is unable to operate the MRFs. Maricopa shall observe and 
obey all Phoenix Hours and Days of Operation, rules of conduct, traffic patterns and 
speed limitations while on Phoenix property. Maricopa shall make an effort to 
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coordinate with Phoenix its scheduled delivery of recyclable materials during 
workdays.   
Upon execution of this Agreement, Maricopa will provide Phoenix with its good faith 
projections, in writing, of the monthly tonnage that it expects to deliver to the MRFs 
which may be modified in writing and provided to Phoenix as reasonably necessary 
by Maricopa. Maricopa may not deliver more than twenty percent (20%) above its 
projected tonnage on a monthly basis to the MRFs without prior approval by Phoenix. 
These projections are intended for planning purposes and are not to be considered 
contractual commitments to deliver such projected tonnage.    
4. MSW Delivery. Under this Agreement, Maricopa may also deliver MSW to Phoenix’s 
solid waste facilities at a quantity and rate that will be negotiated by the Parties in 
advance of the time of delivery. The rate will be no more than the then-current Phoenix 
disposal fee, as defined in Sec. 27-48(C) of the Phoenix City Code. 
 
5. Weighing of Recyclables. Each vehicle delivering Recyclables must have a vehicle 
identification number permanently indicated and conspicuously displayed on the 
exterior of the vehicle which is readily visible to the MRFs staff. In the event the scales 
become temporarily inoperable due to testing or malfunction, Phoenix will estimate 
the weight of Recyclables on the basis of truck volume and historical data obtained 
through operation of the MRFs. These estimates will serve as official records for the 
duration of the scale outage. In such case, a handwritten ticket may be substituted for 
the computer copy. In consideration for use of automated scales at the MRFs, 
Maricopa will make all vehicles used for delivery of Recyclables available for 
installation of RFID devices, and obtaining of a certified tare weight for each vehicle.  
Incoming materials will be weighed by weighing all incoming vehicles and recording 
the weight of each. From time to time, Phoenix may require revalidation of the tare 
weight of any vehicle or re-weighing of unloaded trucks. RFID devices remain the 
property of Phoenix and must be returned when vehicles are removed from service, 
or upon termination or expiration of this Agreement. A charge of $50.00 per RFID 
device will be charged for each RFID device placed on a Maricopa delivery vehicle or 
for replacement of lost or damaged devices. 
6. Hot Loads. In the event that a Maricopa vehicle dumps a Hot Load, Maricopa agrees 
to pay reasonable charges for Phoenix’s handling of such Hot Load. Reasonable Hot 
Load charges may be deducted from the monthly compensation for Recyclables.    
7. Compliance with MRFs Rules and Traffic Requirements. Maricopa staff and 
contracted haulers will become familiar with and comply with all facility rules, traffic 
flows, and speed restrictions. Failure to follow such rules and requirements may result 
in restriction of Maricopa staff from using the facility. 
8. Quality of Recyclables. Material quality will be inspected by Maricopa staff and will 
adhere to guidelines of the “Phoenix Recycles” program of what is and is not 
acceptable Recyclable Materials, as set forth in Exhibit A, attached hereto, 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 operators on the MRFs 
floors. If materials are determined to be excessively contaminated, in the opinion of 
Phoenix personnel (rather than the contracted operator), then the materials will be 
moved immediately to the solid waste transfer area, and Phoenix will immediately 
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inform Maricopa of this determination and make the material available for immediate 
inspection as permitted by operational requirements. If materials are determined to be 
excessively contaminated, then Maricopa will be assessed the then-current disposal 
fee, as defined in Sec. 27-48(C) of the Phoenix City Code (which is $55.00/ton as of 
the effective date of this Agreement). Maricopa will provide documentation of the 
attempts to increase the quality of the Recyclables within two weeks of receiving 
notice of the excessively contaminated load. Maricopa is aware that trucks must be 
fully emptied of any garbage prior to collection of recyclables. Excessive 
contamination means any load containing 35% or more non-recyclable material, or 
that is otherwise unacceptable for processing. 
9. Termination of Agreement. Either Party may terminate this Agreement with or without 
cause by giving the other Party thirty (30) days prior written notice.  
10. Vehicle leaks and spills. Maricopa will be responsible for prompt cleanup of leaks or 
spills from its vehicles while at the MRFs. Regardless of the nature of any fluid leaking 
from the delivery vehicle, it must be cleaned up within two hours. Any Recyclables 
that are spilled in any part of the MRFs other than the designated tip area must be 
immediately contained and collected by the Maricopa hauler. Spills that are not 
satisfactorily cleaned up within the two-hour designated time frame may be 
remediated by Phoenix and a reasonable cost of the cleanup deducted from the 
monthly compensation for Recyclables. 
11. Processing Fee, Shared Revenue 
11.1. Charge or Rebate. Maricopa will pay to, or receive a credit from, Phoenix for 
each ton of Recyclables accepted and processed at the MRFs. The per ton 
Processing Fee that Maricopa pays will be applied against the calculated 
Average Quarterly Outbound Blended Rate (AQOBR) per ton shipped by 
Phoenix from the MRFs. The AQOBR will be calculated quarterly using the 
blended rate at the North Gateway Transfer Station. If the AQOBR is higher 
than the Processing Fee, the excess revenue, net of the Processing Fee, will 
be 50% for Maricopa and 50% for the City of Phoenix. An AQOBR that is less 
than the Processing Fee will result in a charge to Maricopa that will not exceed 
the Processing Fee.  
Below is the current price schedule: 
Price Schedule 
Item No. 
Description 
Price 
Effective Date 
Item 1 
Processing Fee 
$98.79 per ton 
01/1/2025-06/30/2025 
Item 2 
Average Quarterly 
Outbound Blended Rate 
$70.14 per ton (Q4 2024) 
10/01/2024-12/31/2024 
 
 
 
 
Item No. 
Description 
Percent 
Effective Date 
Item 3 
Reject Content 
35% 
$0.00 Credit Per Ton 
01/1/2025-12/31/2025 
 
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Loads with more than 35% non-recyclable material may be rejected, consistent with 
Section 8. 
 
AQOBR adjustments will follow the scheduled quarters commencing January 1st, April 
1st, July 1st, and October 1st. AQOBR adjustment quarters are defined as January, 
February, and March (Q1); April, May, and June (Q2); July, August and September 
(Q3); and October, November and December (Q4). Blended rate adjustment 
calculations for January 1st will be per the quarter of July 1st-September 30th; April 
1st adjustment will be per the quarter of October 1st-December 31st; July 1st 
adjustments will be per the quarter of January 1st-March 31st; and October 1st 
adjustment shall be per the quarter of April 1st through June 30th. Thirty (30) days 
prior to the quarterly effective date, Phoenix will provide the AQOBR in writing to 
Maricopa. 
 
Phoenix will review and adjust the Processing Fee annually, subsequent to the 
expiration of the current operating agreement with the MRF operator and based solely 
on a negotiated amount between the MRF Operator and the City of Phoenix. Below is 
a sample table to be used as a reference to illustrate the calculation of potential future 
charges and rebates:   
 
SAMPLE SCENARIO 
Quarterly 
Outbound 
Blended Rate 
per Ton 
Audited Reject Credit 
Less Recycling 
Plant Processing 
Fee 
Rebate = + 
Charge = - 
$95.91/ton 
$0.00/ton 
(Audited Reject 
Content 20% to 35%) 
-$95.91/ton 
No Rebate  
No Charge 
$86.92/ton 
$0.00/ton 
(Audited Reject 
Content 20% to 35%) 
-$95.91/ton 
-$8.99/ton Charge 
$120.00/ton 
$5.00/ton  
(Audited Reject 
Content 0% to 19%) 
-$98.79/ton 
+$13.11/ton Rebate  
(50/50 Revenue Share) 
 
11.2    Recycling Rejects. Phoenix will conduct annual audits to determine the reject 
level of the inbound Recyclables delivered by Maricopa. The additional credit 
per ton, if any, will become effective at the beginning of the next renewal year 
or within thirty (30) days of the end of the term if there is no renewal. Upon 
consent of Phoenix, Maricopa may request additional audits, not more than 
quarterly, to evaluate the impact of educational, inspection, and enforcement 
programs to curb rejected material. Reject content is the single biggest factor 
negatively impacting the value of the material and cost. Reducing reject 
content will increase the average quarterly outbound, blended rate per ton, 
calculated as follows: 
 
 
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Audited Reject Content 
Additional Credit Per Ton 
20% to 35% 
$0.00 
Up to 19% 
$5.00 
 
Any loads of Recyclables delivered by Maricopa that, at the sole discretion of 
Phoenix, does not meet the composition or quality standards of the Phoenix 
Recycles Program as defined in Exhibit A will be subject to rejection and 
charged the transfer station’s refuse rate, which is $55.00 per ton as of the 
effective date of this Agreement. 
 
11.3 Invoices. Maricopa is required to pay Phoenix for each ton of Recyclables 
accepted and processed at the MRFs. Phoenix will calculate and invoice 
Maricopa by the 25th day of the month for the previous month. Maricopa will 
pay within 30 days of the invoice date.   
 
12. Indemnification. Each Party (as “Indemnitor”) agrees to indemnify, defend, and hold 
harmless the other Party (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 are 
caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, 
its officers, officials, agents, employees, or volunteers. 
 
13. Miscellaneous.   
13.1. Assignment. This Agreement shall not be assignable by either Party without 
the prior written consent of the other Party.  
13.2. Applicable Law. The laws of the State of Arizona shall govern the interpretation 
and enforcement of this Agreement. Any lawsuits pertaining to this Agreement 
will be brought only in Federal or State Courts in Maricopa County, State of 
Arizona.  
13.3. 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 certified mail and addressed as follows: 
To Phoenix: 
City of Phoenix Public Works Department 
 
Attn: Deputy Public Works Director 
 
200 W. Washington Street, 7th Floor 
 
Phoenix, AZ 85003 
 
To Maricopa County: Maricopa County Environmental Services Department 
 
Attn: Deputy Director 
 
301 W. Jefferson St., Suite 170  
 
Phoenix, AZ 85003 
 
 
 
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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. 
13.4. Conflict of Interest. No official, officer or employee of either Party will 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 A.R.S. § 
38-511. 
13.5. Cancellation for Nonappropriations. The Parties recognize that this Agreement 
depends upon appropriation of funds by the Phoenix City Council and the 
Maricopa County Board of Supervisors. If either fails to appropriate the 
necessary funds, or if the appropriation for this Agreement is reduced, either 
Party may reduce the scope of this Agreement if appropriate or terminate or 
cancel this Agreement without further duty or obligation and without any penalty 
or liability. County’s fiscal year ends June 30 and Federal fiscal year ends 
September 30.  
13.6. Right of Parties. Nothing in this Agreement, whether express or implied, is 
intended to confer a right or remedy under or by reason of this Agreement on 
persons other than the Parties to this Agreement and their respective successors 
and permitted assigns, nor is anything in this Agreement intended to relieve or 
discharge the obligation or liability of a person who is not a Party to this 
Agreement, nor will provisions hereof give a person not a Party to this Agreement 
a right of subrogation or action over or against either Party to this Agreement. 
13.7. Covenant Against Contingent Fees. The Parties warrant that no person has been 
employed or retained to solicit or secure this Agreement upon an agreement or 
understanding for a commission, percentage, brokerage, or contingent fee; and 
that no member of the Phoenix City Council, or any employee of either of the 
Parties has an interest, financially or otherwise, in this Agreement. 
13.8. Employees.   
13.8.1. Non-liability of Officials and Employees. No official, officer or employee 
of Phoenix or Maricopa 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 of any obligation under the terms of this Agreement. 
13.8.2. 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 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. 
13.9. Force Majeure. In addition to specific provisions of this Agreement, non-
performance by any Party hereto will 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 related to the MRF, or unusually severe weather. 
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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. 
13.10. 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. 
13.11. Modification. Any amendment or modification of this Agreement must be in 
writing and will be effective only after signature by both Parties. 
13.12. Severability. If any provision of this Agreement is found invalid or unenforceable 
by a court of competent jurisdiction, the remaining provisions of this Agreement 
will not be affected thereby and will be valid and enforceable to the fullest extent 
permitted by law. 
13.13. Representations and Warranties.   
13.13.1. Maricopa hereby represents and warrants to Phoenix as follows: (1) 
Maricopa has the full power and authority to execute and deliver this 
Agreement to Phoenix and carry out the transactions contemplated 
hereby; (2) Maricopa 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 Maricopa’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’s 
obligations under this Agreement. Upon execution and delivery of this 
Agreement by Maricopa, it will constitute a legal, valid, and binding 
obligation of Maricopa enforceable against it in accordance with the terms 
hereof.   
13.13.2. Phoenix hereby represents and warrants to Maricopa as follows: (1) 
Phoenix has the full power and authority to execute and deliver this 
Agreement to Maricopa 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. Upon execution and delivery of this 
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Agreement by Phoenix, it will constitute a legal, valid, and binding 
obligation of Phoenix enforceable against it in accordance with the terms 
hereof. 
13.14. 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. 
13.15. 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. 
13.16. E-Verify. To the extent applicable under A.R.S. § 41-4401, the Parties warrant 
compliance with all federal immigration laws and regulations that relate to their 
employees and compliance with the E-Verify requirements under A.R.S. § 23-
214(A). Failure by any Party to comply with such warranty will be deemed a 
material breach of this agreement and may result in the termination of this 
Agreement. To the extent authorized under A.R.S. § 41-4401, each Party will 
have the right to inspect the papers of each of the others, their subcontractors, 
or any employee of either who performs work hereunder for the purpose of 
ensuring that the other Party or subcontractor is in compliance with the warranty 
set forth in this provision. 
13.17. Any contractor whose employees and contract workers perform work in an 
outdoor environment under this contract must keep on file a written heat safety 
plan. Phoenix may request a copy of this plan and documentation of all heat 
safety and mitigation efforts currently implemented to prevent heat-related 
illnesses and injuries in the workplace. The plan must also be posted where it is 
accessible to employees. At a minimum, the heat safety and mitigation plan and 
documentation required under this provision shall include each of the following 
as it relates to heat safety and mitigation: 
1. Availability of sanitized cool drinking water free of charge at locations that 
are accessible to all employees and contract workers. 
2. Ability to take regular and necessary breaks as needed and additional 
breaks for hydration. 
3. Access to shaded areas and/or air conditioning. 
4. Access to air conditioning in vehicles with enclosed cabs. All such vehicles 
must contain functioning air conditioning by no later than May 1, 2025. 
5. Effective acclimatization practices to promote the physiological adaptations 
of employees or contract workers newly assigned or reassigned to work in an 
outside environment. 
6. Conduct training and make it available and understandable to all employees 
and contract workers on heat illness and injury that focuses on the 
environmental and personal risk factors, prevention, how to recognize and 
report signs and symptoms of heat illness and injury, how to administer 
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appropriate first aid measures and how to report heat illness and injury to 
emergency medical personnel. 
13.18. Counterparts. This Agreement may be executed in two or more counterparts, 
each of which shall be deemed an original but all of which together shall 
constitute one and the same instrument. Electronic signatures shall have the 
same force and effect as original signatures. 
13.19. Administration of Agreement. The Assistant County Manager for Maricopa 
County, or the Environmental Services Director for Maricopa County shall 
administer this Agreement, including execution of documents necessary to 
administer this Agreement. 
13.20. Average Quarterly Outbound Blended Rate Adjustments. The Environmental 
Services Director for Maricopa County is authorized to execute any documents 
related to Average Quarterly Outbound Blended Rate adjustment under this 
Agreement. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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[SIGNATURE PAGE TO FOLLOW] 
 
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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 
 
Jeffrey Barton, City Manager 
 
By: _____________________________ 
       Felipe Moreno, Public Works      
       Director 
 
ATTEST: 
_____________________________ 
City Clerk 
 
MARICOPA COUNTY 
 
Jack Sellers, Chairman, Board of 
Supervisors 
 
By: _____________________________ 
       
 
 
ATTEST: 
_____________________________ 
Clerk of the Board 
 
In accordance with A.R.S. § 11-952 this 
Agreement has been reviewed by the 
undersigned attorney who has determined 
that this Agreement is in proper form and 
within the powers and authority granted to 
the City under the laws of the State of 
Arizona. 
_______________________ 
City Attorney 
_______________________Date 
 
In accordance with A.R.S. § 11-952 this 
Agreement has been reviewed by the 
undersigned attorney who has determined 
that this Agreement is in proper form and 
within the powers and authority granted 
under the laws of the State of Arizona. 
_______________________ 
County Attorney 
_______________________Date 
  
Docusign Envelope ID: C1A9DCF6-93FC-4004-8C05-0955FD44ED8A
11/5/2024

PAPER
PLASTIC
METAL
GLASS
Recycle
phoenix.gov/recycle
Exhibit A
Docusign Envelope ID: C1A9DCF6-93FC-4004-8C05-0955FD44ED8A

HARD PLASTIC (NO FOAM)
Bottles (leave caps on)
Coffee cup lids
Cups, Jars and Jugs
Tubs, lids, clamshells, containers
METAL
Aluminum cans
Aluminum foil or trays (clean off all food; 
ball foil into softball size)
Steel and tin cans
GLASS
Glass bottles and jars only (lids off)
Unacceptable Items
Recycle Tips
phoenix.gov/recycle  |  solid.waste@phoenix.gov  |  602-262-6251
Break down boxes
Recyclables must be free 
of food, grease and liquids
0”
1”
2.5”
1.5”
.5”
2”
Anything less than 2.5” in
diameter cannot be recycled
Paper: If you can rip it, 
you can recycle it
PAPER
Cardboard (please break down)
Cereal boxes (remove plastic liner)
Office paper, junk mail, sticky notes, magazines
Clean pizza boxes
Newspaper
Egg cartons (paper or plastic, no foam)
Empty paper milk cartons
Empty soup and juice boxes (aseptic containers)
Envelopes (windows OK)
Packing or craft paper
Paper bags
Shredded paper (place in a clear plastic bag)
Wrapping paper (non-metallic)
Recycle
Put these materials in your 
blue recycling container:
Do Not Bag
Recyclables
Paper towels, napkins or tissues
(consider composting)
Polystyrene or foam
Plastic bags and other soft plastics 
(return to local grocery or retail store)
Food scraps and yard waste 
(consider composting)
Electronics (return to local 
electronics store)
Batteries (return to local 
electronics or hardware store)
Light bulbs (return to local 
hardware store)
Large scrap metal or car parts
(take to local scrap yard)
Docusign Envelope ID: C1A9DCF6-93FC-4004-8C05-0955FD44ED8A