AGR - MC HOST COMMUNITY 20221213 (00176877-11XDB7C0) (002).PDF
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AMENDED AND RESTATED Agreement Between Waste Management of Arizona, Inc. and County of
Maricopa, Arizona Concerning Operation of Sanitary Landfill
THIS AGREEMENT is made the ____ day of _______, 2023, between the County of Maricopa, a political
subdivision of the State of Arizona (the “County”), and Waste Management of Arizona, Inc., a California
corporation (“WMA”).
RECITALS
WHEREAS, the County and WMA entered into “An Agreement between Waste Management of Arizona,
Inc. and County of Maricopa, Arizona Concerning Operation of a Sanitary Landfill” dated December 14,
1994 (the “Original Agreement”); and
WHEREAS, the County desires that the operation of a sanitary landfill to provide solid waste disposal
services for the citizens of Maricopa County, Arizona, as well as to accept solid waste regardless of place
of origin, continues; and
WHEREAS, WMA wishes to continue operating a sanitary landfill facility known as the Butterfield Station
and Recycling Center (“Butterfield”) to accept solid waste regardless of place of origin; and
WHEREAS, WMA desires to contribute to the economic and social well-being of the community of
Mobile and other communities in Maricopa County; and
WHEREAS, Butterfield operates under its original approval by the County pursuant to Special Use Permit
Z88-16, as amended by Special Use Permit Z2001127 and subsequent reviews and modifications to that
approval in 2003, 2008, 2013, 2014 and 2023 (the “SUP”); and
WHEREAS, the County has authority under ARS § 11-1101, et seq. to enter into Development
Agreements with property owners and desires to use this mechanism to confirm in written agreement
certain provisions relative to the operation of Butterfield; and
WHEREAS, the County and WMA desire to amend and restate the Original Agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth below and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree
as follows:
AGREEMENT
1. AUTHORITY. To the extent authorized by law, the County represents that it has the authority to
execute this Agreement for the designated purposes and upon the terms and conditions herein
contained. This agreement shall be considered a “Development Agreement” under ARS § 11-
1101, et seq.
2. USE OF PREMISES. In accordance with Maricopa County Special Use Permit Z88-16 as amended
by Special Use Permit Z2001127, State of Arizona Permit Numbers APP P-102028 and MFPA
07032700.22, all requisite approvals of the Solid Waste Division of the Arizona Department of
Environmental Quality, and all applicable State of Arizona and federal laws, WMA may accept at
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Butterfield non-hazardous waste materials, regardless of place of origin. The parties
acknowledge that these permits are amended from time to time, and that any such
amendments are deemed to be applicable to the terms and conditions hereof.
3. COMPENSATION TO THE COUNTY. During the term of this Agreement, WMA will pay to the
County (a) an annual fee of $115,000.00 (the “County Annual Fee”) payable each July 1
beginning July 1, 2023; and (b) $0.70 (seventy cents) per ton fee for any waste originating
outside of the State of Arizona and disposed of at Butterfield beginning July 1, 2023. Beginning
July 1, 2024, the County Annual Fee will be adjusted for inflation on each July 1 (the
“Adjustment Date”) based on the change in the Consumer Price Index for All Urban Consumers,
West Region, all items less energy, published by the US Department of Labor, Bureau of Labor
Statistics (the “Price Index”), subject to the following caps: the adjustment shall not exceed four
percent (4%) in any one-year period and the County Annual Fee shall never exceed $250,000.00
during the term of this Agreement. The formula for the adjustment to the County Annual Fee
shall be as follows:
Adjusted annual fee = $115,000.00 x Price Index for May prior to Adjustment Date
Price Index for May 2023
If the Price Index no longer exists, the parties shall substitute the official index published by the
Bureau of Labor Statistics or by a successor or similar government agency that in the County’s
reasonable business judgment is most nearly equivalent. Payments per ton for out-of-state
waste will be payable annually on July 1 and will be accompanied by an annual report of the
operation of Butterfield for the preceding year which will accurately show the volume of out-of-
state waste for that year.
4. USE OF FUNDS. The County will use the County Annual Fee and the per ton fee to benefit
communities within Maricopa County.
5. COMPENSATION TO THE MOBILE ELEMENTARY SCHOOL DISTRICT NO. 86. In addition to the
funds described in Paragraph 3 hereof, during the term of this Agreement, WMA will pay to the
Mobile Elementary School District (the “School”) an annual fee of $35,000 payable each July 1
beginning July 1, 2023. The School will use the annual fee to benefit the School’s students and
surrounding community. If the School permanently closes, the $35,000 annual payment will be
payable to the County and used for the benefit of the school district(s) providing service to
residents within four (4) miles of Butterfield.
6. TERM. This Agreement will be in full force and effect for so long as the WMA operates
Butterfield as a sanitary landfill and receives waste at Butterfield subject to the SUP (as it may
be amended from time to time by WMA and the County) or until earlier terminated by mutual
agreement of WMA and the County. For clarity, this Agreement will not be in effect after WMA
stops receiving waste at Butterfield, even if there are other ongoing activities such as post-
closure monitoring. If Case No. Z2022169 (the “2023 SUP Amendment”) is revoked, rescinded,
or is otherwise no longer effective, or the expiration of the term of the 2023 SUP Amendment is
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changed to an earlier date without the consent of WMA, then upon such an event, (i) this
Agreement shall be void and of no effect (as if it never became effective) and (ii) all payments
made by WMA to the County and to the School under this Agreement in excess of the amounts
that WMA would have paid pursuant to the Original Agreement shall be applied to future
amounts owed by WMA to the County under the Original Agreement.
7. NOTICE. All communications and notices to WMA will be addressed to:
Waste Management of Arizona, Inc.
222 South Mill Avenue, Suite 333
Tempe, AZ 85281
Attention: Director of Post-Collections
All communications and notices to the County will be addressed to:
Clerk of the Board
Maricopa County Board of Supervisors
Administration Building
301 West Jefferson Street, 10th Floor
Phoenix, AZ 85003
All communications and notices to the Mobile Elementary School District will be addressed to:
Superintendent
Mobile Elementary School District No. 86
42798 South 99th Avenue
Maricopa, AZ 85139
8. COMPLIANCE WITH LAW. WMA will operate Butterfield in compliance with all applicable
federal, state and local laws and regulations.
9. LAW TO GOVERN. This Agreement will be governed by the laws of the State of Arizona
applicable in the case of contracts made and to be performed in that state.
10. BINDING EFFECT. The terms and provisions of this Agreement will inure to the benefit of and
bind WMA and the County, their successors and assigns.
11. This Agreement is subject to cancelation pursuant to A.R.S. 38-511.
12. WMA certifies that it is not currently engaged in and agrees for the duration of this Agreement to
not engage in, a boycott of goods or services from Israel. This certification does not apply to a
boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842.
13. WMA warrants and certifies that it does not currently, and agrees for the duration of the contract
that it will not, use:
1. the forced labor of ethnic Uyghurs in the People's Republic of China.
2. any goods or services produced by the forced labor of ethnic Uyghurs in the People's
Republic of China.
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3. any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
If WMA becomes aware during the term of this Agreement that the WMA is not in compliance
with this paragraph, the WMA shall notify the County within five (5) business days after becoming
aware of the noncompliance. Failure of WMA to provide a written certification that the WMA has
remedied the noncompliance within one hundred eighty (180) days after notifying the public
entity of its noncompliance, this Agreement shall terminate unless the term of this Agreement
shall end prior to said one hundred eighty (180)-day period.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth in
the first paragraph.
COUNTY OF MARICOPA, ARIZONA
WASTE MANAGEMENT OF ARIZONA, INC., a
California corporation
By: _____________________________
By: ________________________________
____________________, Chairman
Name: _____________________
Maricopa County Board of
Title: ______________________
Supervisors
ATTEST:
By: _____________________________
Juanita Garza, Clerk
Maricopa County Board of
Supervisors
APPROVED AS TO FORM:
By: _____________________________
Maricopa County Attorney