IGA CITY OF PHOENIX - PLANTINUM PASS (10-1-20 TO 9-30-23).PDF

AGREEMENT No. (-31-O\-0l|-¥-Go 153412--0

; ; / City #
INTERGOVERNMENTAL AGREEMENT

BETWEEN THE CITY OF PHOENIX
AND:
MARICOPA.COUNTY

(Platinum Pass. Agreement)

THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered
into this 1st:day of October, 2020 (“Effective Date”), by: and between: the City of Phoenix, a
municipal corporation duly organized and existing under the laws of the state of Arizona, acting
by and through its:Public Transit Department (hereinafter referred to:as “PHOENIX”); and the
County. of Maricopa,’a political body duly organized and-existing under the laws of the state-of
Arizona, acting by and through its Board of Supervisors (hereinafter referred to. as
“COUNTY”).. PHOENIX and COUNTY are'sometimes referred to collectively as “Parties” and
individually as a “Party.”

RECITALS

A. The City Manager of PHOENIX is authorized and empowered by provisions of the
City Charter to. execute-contracts.

B.. PHOENIX has Charter authority to provide transit services and Charter/statutory
authority toenter into agreements with other entities within the Phoenix Urban Area to provide
transit services. See A.R.S. § 11-951, et'seq.; Phoenix City Charter Chapter 2; Section 2,
Subsections (¢)(i) and-(\).

C. As:a part of its transit system operations, PHOENIX has: a fare structure that
includes: a transit pass program for the issuance of fare.media (i.e., transit passes) for use on
more than one'trip; and an-employer participation program (“Platinum Pass Program”) that
allows employers. to provide transit passes to their employees on such terms:as the employer
deems appropriate.

D. PHOENIX provides its Platinum Pass Program.to employers who may, but are not
required to, subsidize all or part of their‘employees’ monthly program charges.

E. The Platinum Pass Program offers electronic'fare collection and billing: services to:
participating employers. wheére-ermnployers aré-only invoiced forthe actual-number of boardings
reported for each monthly billing period.

F. The maximum monthly payment for each cardholder will not'exceed the 31-day fare:
set by. PHOENIX for express and local service.

G. ARS, § 11-951, et'seq., provide that public agencies may enter into
intergovernmental: agreements for the provision.of services or for joint or cooperative action:

H. COUNTY is: empowered by A:R:S, § 49-581, et..seq., and the Maricopa: County Trip
Reduction Program Ordinance: No, P-7 to: reduce traffic impacts-on airpollution and emissions:
within county limits by requiring major employers and schools to develop, implement, and
maintain a Trip Reduction Program that includes emission reduction measures.

I. COUNTY is:a major employer'as- defined by A.R.S. § 49-581(11) and therefore
required ‘to: develop, implement, and maintain a Trip: Reduction. Program that includes
reduction measures.

J, COUNTY has chosen to participate in PHOENIX's: Platinum Pass Program in
accordance with the terms and conditions sét forth herein.

K.. COUNTY has the legal authority to participate in the Platinum Pass Program.
AGREEMENT

ITIS:HEREBY AGREED, by and. between the Parties, as follows:
SECTION 1, Purpose,

PHOENIX has developed the Platinum Pass Program for use of SmartCards-as a method of
fate payment. The Platinum Pass Program is.g generally described in the attached “Exhibit:A,”
which is incorporated by reference into this Agreemierit. COUNTY desires to.participate in the
Platinum Pass Program, and toward that end the Parties mutually agree to the terms set forth
in this Agreement.

SECTION 2. Term of Agreement,

The term-of this Agreement shall be for a period of three. years from the Effective Date of this
Agreement (until September 30, 2023), with COUNTY: having the option to renew foranother
three-year period (until September 30, 2026), COUNTY must exercise this option by delivering
Notice tothe City as provided below, onor before June 30,2023, expressing that COUNTY is
affirmatively exercising this option, or’else COUNTY waives the option. The Parties will
execute-a formal amendment to this Agreement to memorialize:such exercise of the option by

COUNTY.
SECTION 3. Issuance of Platinum Passes.

A... PHOENIX shall provide Platinum Pass Program SmattCards to COUNTY, and‘ COUNTY
shall pay the issuance charge existing at that time foreach. SmartCard (the-current
charge per SmartCard issuance is $1.50). Requests for additional SmartCards:shall be in
the manner and fotrn prescribed by PHOENIX. Defective SmartCards shall be replaced
by PHOENIX at no cost to COUNTY. when'such defect is thé result of product failure and.
not the:result-of misuse-or abuse.

B. The Platiriim Pass: Program SmartCatds shall be valid for a period of three years from
the Effective Date of this Agreement. If COUNTY exercises its option fo renew this
Agreement, new Platinum Pass Program SmartCards will be issued:and ‘shall be valid for
a period-of three years.

SECTION.4, Management-of Platinum Passes.

A. PHOENIX shall provide Platinum Pass.Program SmartCards to COUNTY for use during
this Agreement’s term. These: Smarteards shall be distributed by COUNTY solely and
exclusively to its-elected officials, officers, directors, and-employees in accordance with
such terms and. conditions as COUNTY tray seek to impose. The Smarteards.are-non-
transferable and only authorized for use by the individuals to whom they are provided by
COUNTY. PHOENIX will deliver the SmartGards ‘to:

Human Resources Department (Trip Reduction Program)
301 W. Jefferson, Suite 220
Phoenix; AZ 85003
‘ Phone: (602) 506-3519
Fax: (602) 372-8722

B. COUNTY will request the return of Platinum Pass Program SmartCards from its
employees upon their: termination of employment; or withdrawal from the Platinum Pass

Program.

6. If COUNTY desires deactivation of a Platinum Pass Program SmartCard for any reason,
then COUNTY shall promptly notify the “Transit Revenue Section” of PHOENIX's
Public Transit Department. COUNTY shall be responsible for all costs incurred on a
SmartCard until 48 hours (not including hours on weekends:and city-recognized
holidays) after: COUNTY notifies the Transit Revenue Section of its card deactivation
request. For any notice transmitted to the Transit Revenue Section on the last day of the
work week after 5:00 P.M.,.over a weekend, or during a city-recognized holiday, the 48-
hour period shall commence on ‘the first ‘workday’ following the weekend or holiday.
PHOENIX will waive any charges for usage of the SmartCard after this 48-hour period.

(1) . Requests for deactivation shall be:communicated to. the: Transit Revenue Section at'the

following FAX number or email address:

FAX: (602). 732-2759
Email: transitrevenue@phoenix.gov

(2) Ata minimum, the deactivation request shall include:

(a) COUNTY’s account number;

(b) SmartCard:serial number;

(c) requested deactivation date;

(d) reason for deactivation, if due to-an involuntary termination; and.
(e) name and position of the authorized individual making the request.

D. COUNTY has sole responsibility for jts marketing of the Platinum Pass Program, at its
own cost-and-expense, Within thé scope of such marketing, COUNTY shall include an,
education/training component, introducing users tothe Platinum Pass Program and the
use:of SmartCards. Materials to: support marketing the Platinum Pass Program-are
available from the Regional Public Transportation Authority (Valley Metro).

E. Program participation eosts and the current cost of passes are.sét forth in Exhibit. A-and
the-atfached “Exhibit B,” which is incorporated by reference into this Agreement. The

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Parties acknowledge that the fare:structure for the bus:system is set by PHOENIX and
this fare structure may change the-costs df cash fare and monthly pags rates. during the.
term of this Agreement.. COUNTY shall pay'the current costs as they exist at the time of
each SmartCard use.

SECTION 5. Billing for Services Provided.

If COUNTY requests individual SmartCard deactivations, PHOENIX will provide final
billings for those SmartCards, at no charge to the COUNTY, within four business days
of receiving that request pursuant to Section 6(J),.and PHOENIX will deactivate those
SmartCards in accordance:with Section 4(C). If COUNTY notifies PHOENIX thata
requested SmartCard deactivation is fora. cardholder whose employment was
involuntarily terminated, then. PHOENIX will use its best reasonable efforts to expedite the
‘final billing to facilitate COUNTY’s compliance with statutory obligations to timely’ pay
compensation owed to the terminated employee/cardholder. If COUNTY receives a final
billing more than four business days after. PHOENIX receives'a SmartCard deactivation
request, then PHOENIX will waive, in that final billing, any SmartCard charges owed to
COUNTY by ‘the deactivated cardholder, that COUNTY is unable to collect from the
cardholder,.as evidenced in a separate notice to PHOENIX.

PHOENIX shall invoice COUNTY monthly, summarizing line item entry totals of fare type
and fares billed for each cardholder by Platinum Pass. Program SmartCard serial number,
Charges'to COUNTY for'the services rendered shall be billed on or about the 7th day of
each month for the previous month, If COUNTY receives a monthly billing after the 14th
day of the following month, then PHOENIX will waive, in that monthly billing, any charges
owed to‘ COUNTY. by any deactivated cardholder that COUNTY is unable 'to collect from
the-cardholder, as evidenced in'a separate notice to PHOENIX, unless COUNTY has
previously received a final billing from PHOENIX for that SmartCard deactivation.

COUNTY shall pay PHOENIX within 30 calendar days of receipt of the invoice and
electronic billing file. COUNTY will pay any ‘interest. charged for late payment in
accordance with state law. PHOENIX will. bill COUNTY monthly in arrears for participating
inthe Platinum Pass:Program. Invoices will be mailed.to:

Human Resources Department, Payroll Division
301 W. Jefferson, Suite 220

Phoenix,.AZ 85003

Phone: (602) 506-3519

Fax: (602) 372-8722

Billing information shall be provided in-an-electronic billing format suitable for COUNTY to
upload to its payroll system. The electronic file requirements are specified in the attached
“Exhibit C,” which is incorporated by reference into this Agreement

For.an extra feeof $25 per month, PHOENIX each month will provide electronically to
COUNTY the detailed transactions by Platinum Pass Program: SmartCatd serial number.

SECTION 6. General Terms and Conditions.

The following General Terms and Conditions shall apply to this Agreement:

A.

Term of Agreement. This Agreement-shall bé in’ full force-and effect upon: approval of

PHOENIX's City Council and COUNTY's Board of Supervisors; and-execution by their
duly authorized officials. This. Agreement shall remain.in- effect unless terminated.or
canceled as otherwise provided in the Agreement.

Entire Agreement: Modification (No. Oral Modification). This Agreement.and its attached
exhibits constitute the full and complete: understanding and agreement of the Parties. The
Agreement supersedés:and réplaces any atid all previous representations,
understandings) and agreements, written or oral, relating to its subject matter. There:shall
be no:oral alteration or modification of this Agreement. This Agreement and its termis may
not be modified or changed except by-a formal amendment signed and approved by and
between the duly authorized representatives of both Parties. Both Parties expressly and
explicitly understand and agree that no other method and/or no. other document, including
correspondence, acts, and oral commiunications: by or from any person, shall be used or
construed as an amendment, modification, or supplementation to this. Agreement.

Non-Availability of Furids. In accordance with A.R.S. § 41-2546(C), every payment
‘obligation is conditional upon the availability of funds appropriated for the payment of
such obligation. If either Party fails to receive an. appropriation that may lawfully be
allocated to the performance ‘of their obligations under this Agreement, then the
Agreement may be terminated at the end of the period for which such funds:are
available. No liability shall accrue to either Party in the event this provision is exercised,
and neither Party shall be obligated or liable for any charges as a result of termination
under this paragraph.

Termination‘for Conflict of Interest. In:accordance with A.R.S. § 38-511, either Party may
términate this Agreement for conflict of interest upon 90 calendar days’ prior written
notice to the other Party.

Termination.

(1) Except for termination in the. event of non-payment, either Party may, at its.option
with sole and unfettered discretion, terminate its obligations under this Agreement,
with or without calse, on no lessthan 60:calendar days’ prior written notice. Should
this Agreement be terminated, the Parties shall complete performance and make all
payments:due prior to the termination date.

(2) When:termination is for non-paymentof sums due under this Agreement, the Party
' toreceive payment may, at its option: with sole and unfettered discretion, terminate:
its obligations under this Agreement. Prior to such termination, the Party to receive
payment shall provide written. notice to the other Party setting forth the amount: due
and requiring payment within 10 business days of receipt of the notice, In the event
payment is not received within that 10-business-day period, the Party to. receive
payment may terminate this Agreement upon 10 calendar days’ prior written notice.

(3) When notice of termination is received, the terminating Party shall consult with the
other Party concerning the:status of their respective obligations under this

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G.

Agreement and its intention with regard to those’ obligations. After such consultation,
each Party shall consider the requested actions proposed by the other and shall
proceed in a:-manner to minimize the negative impact'of such termination.

(4) Notwithstanding the termination of this Agreement by either Party, the respective
payment and indemnification obligations of the Parties shall continue in full force and
effect-until:completed.

Inspection of Records and Records: Retention. To the extent required by A.R.S, § 36-214,
the Parties hereto shall retain all books, accounts, reports, files, and other records relating

‘to this Agreement and make such records available at all reasonable times for inspection

and audit by the Parties or thelragents during the'term:of this Agreement.

Assignment and Delegation; No Third-Party Beneficiaries. Neither Party may assign or

fransfer any rights: or obligations hereunder without prior written consent of the other
Party. Any attempt to:assign or transfer without the prior written consent of the other Party
shall be void. |tis the specific intention: of the Parties that this Agreement is made and
entered into for their'specific benefitand that third-party beneficiaries, with the ability to
enforce this Agreement, are not being created by the Agreement. This Agreement. shall

‘inure only to the benefit of each of the Parties.and their permitted successors and

assigns.

Compliance with the Immigration Refortn and Control Act'of 1986 (“IRCA”) and with
AR.S. § 23-214 — § 23-214. In performing under'this Agreement, the Parties understand
and acknowledge the applicability of IRCA and A.R.S. § 23-211 through § 23-214 to
them, and each ofthe Partiés shallicomply with IRCA, A.R.S..§ 23-211 through § 23-214,
and all other federal and state laws and regulations relating to: immigration and to the
immigration status. of its employeés,

Non-Discrimination, The Parties:agreeto comply with. all applicable state: and federal
laws; rules, regulations, and.executive orders governirig equal employment opportunity,
immigration, nondiserimination, and affirmative action.

Notice. Any notice; consent,,or other communication (“Notice”) required or permitted
under this Agreement shall be in writing and either delivered.in person,-sent by facsimile
transmission or email, déposited in the United States mail (postage prepaid, registered or
certified mail, and return receipt requested), or deposited with any commercial air courier

or express service addressed as follows:

If intended for CITY:

Enrique-J. Rivera, Contracts Specialist Il Lead
City of Phoenix Public Transit Department:
302 North 1s! Avenue; Suite 900

Phoenix, Arizona 85003

Telephone No:: (602) 262-6948

FAX No.; (602) 732-2759

Email: entique.tivera@phoenix.gov

Af intended for COUNTY:

Human-Resourcés: Department (Trip Reduction Progam)
801 W. Jefferson, Suite 220

Phosnix, Arizona 85003

Phone: (602) 506-3519

FAX No.: (602) 372-8722

Email: Darrien.Ellison@maricopa.gov

Notice shall be deemed received: (1) at the time:it is personally served; (2) on the day itis
sent by facsimile transmission or email; (3)/on thé.2nd business day after its. deposit with
any commercial air courier or express:service; or (4)'on the 10th calendar day after its
deposit in the United States mail (postage prepaid, registered or certified mail, and return
receipt requested). Any time period stated in a:Notice shall be. computed from the time the
Notice is deemed received. Either Party may change its mailing address, FAX number,
email address, or the person 'to receive Notice by providing the other Party with a Notice
of that.change.

Notice:sent by facsimile transtnission or email shall also be sent by regular mail tothe
recipient at the above address. This requirement for duplicate Notice is not intended to
change the effective date of the:original Notice sent by facsimile transmission or email.

Invalidity of Any Provisions, This Agreement shall remain in-full force and effect even if
one or more of its terms or provisions have been held to be invalid orunenforceable.
Such a holding shall result inthe offending term or provision being ineffective to the
extent of its invalidity or unenforceability witholt invalidating the remaining terms and
provisions of the Agreement, This Agreement’shall thereafter be-construed as though the
invalid.or unenforceable term or provision were not contained in the Agreement.

Non-Waiver. Should either Party fail of delay in-exercising or enforcing any right, power,
privilege, or remedy under this Agreement, such failure or delay shall not be deemed a
waiver, .release,.or modification of any requirements, terms, or provisions of this
Agreement.

SECTION 7. Exhibits and Incorporation by Reference.

The following exhibits are-attached and incorporated by reference into this Agreement:

Exhibit A — General Description of the Platinum Pass Program
Exhibit B — Cash Fare and Monthly Pass Rates

Exhibit © — Electronic File Requirements

IN' WITNESS WHEREOF, the Parties have executed this Agreement:on the day and.
year first above written.

CITY OF PHOENIX, ARIZONA
‘Ed Zuercher, ‘City Manager

py GAO Nov 18, 2020

Jesus Sapien.
ATTEST: Public Transit Director

are foctsbeld Nov 23, 2020
City Clerk —PHOENIX

APPROVED:AS TO:FORM:
ao Gye Nov 22, 2020
Acting City Attorney

MRA

APPROVED BY PHOENIX: CITY COUNCIL BY FORMAL ACTION ON September 2 , 2020.

COUNTY OF MARICOPA, State of Arizona

Recommended by:

Ya 4-4.20
‘Joy Rich DATE

County Manager

Approved and Accepted:
lJ fl SEP 1.0. 2020

Hank of ecats Board”

APPROVED BY MARICOPA COUNTY'S GOVERNING BODY BY FORMAL ACTION ON:
September 2, 2020. (c ~3|- al-oll ~X~ac)

INTERGOVERNMENTAL AGREEMENT DETERMINATION

In accordance with the requirements of A.R.S. § 11-952(D), each of the undersigned attorneys
acknowledge: (1) that they have reviewed the above Agreement on behalf of their respective
clients; and, (2) that, as to: their respective clients only, each attorney has determined that this
Agreement is-in proper form and.is within the powers. and authority granted under the laws. of

the State of Arizona. .
Attorney for PHOENIX jyo9 (‘Aftomey for COUNTY

MRA

EXHIBIT A

Platinum Pass Program’

1. . The Platinum Pass Program. Employers must have-a minimum of five current active transit
iders.in order to participate. Once an employer is approved for participation, it must purchase
a minimum of 20: Platinum Pass Program:SmartCards. These will include the.employer’s
company name and Platinum Pass Program SmartCard serial number, as well as the
effective dates (cards:valid for appraximately three years after issue).

Every:time a participating employee boards the bus or light'fail, the employee:taps the
SmartCard over the orange target:on the farebox; ticket vending machine, or stand alone:
validator. The fare is recorded and the SmartCard is automatically charged, SmartCard
values range up to $64/month per SmartCard on: local routes-and light rail boardings and
$104/month per SmartCard:on Express/Rapid or on a combination of local and
Express/Rapid: routes.

2.. How It Works. The Platinum Pass Program is: designéd to pay off for employees and
employers alike, Here are.a few examples:

« Pay-Per-Ride Charges: Employer's only" charged for the actual number of boardings.

* Cost of Cards: The cost of each SmartCard, both initially provided and replacements, shail.
be at its then prevailing cost (currently $1.60/SmartCard).

« Full Fare Pay-Per-Ride Charges: Charges are capped at $64/month per SmartCard for
local routes and light rail boardings and $104/month per SmartCard for Express/Rapid

routes.

* Reduced Fare Pay-per Ride Charges: Chatges are capped at $32/month per SmartCard
for local.routes and light rail boardings only.

« Effective Dates: SmartGards are:effective for approximately three-years from the issue
date and Gan bé:deactivated if lost or'stolen:
» Extra Cards: SmartCards:can be ordered and are activated upon issuance.

« One-Stop Accounting: Employer receives: one monthly invoice for total charges on all
cards being-used.

» Billing Summary:A detailed billing summary is:available that shows the day, time, and
route for each boarding ata cost of $25 per month.

‘Platinum Pass and the-Maricopa.County Trip Reduction Program. All employers in
Maricopa: County-with'50 or more employees at a single worksite are required to participate
in the Maricopa County Trip Reduction Program (“TRP”): The Platinum Pass Program can
help meet the TRP requirements. And that is just one. of the ways that the Platinum Pass:
Program can work for you. Employers may; but are not required to, subsidize all or part of
their employees’ monthly program charges. Many employers throughout the area do
subsidize all or. part of their employees’ monthly program charges, turning it into'a powerful
retention tool promoting employee satisfaction and performance.

! The terms-set forth in this Exhibit aré the general program terms. If the body of this Agresment
varies from the terms of this: Exhibit, then. the: terms contained in the body of the Agreement shail

prevail.
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EXHIBIT B.
Cash Fare and Monthly Pass Rates

The-cash fare and.monthly. pass rates set forth inthis Exhibit are subject to change. It is
mutually: understood that. PHOENIX sets'the cash fare and monthly pass rates, and makes all
changes fo them. PHOENIX has'the right to change the fare and pass tate from time to fime,
but PHOENIX shall: give COUNTY notice. of any fare adjustment,and County retains the right
to cancel this Agreement prior to'the effective date of a cash fare or pass rate adjustment. In
‘the event: COUNTY elects. to cancel this: Agreement at the time-of a fare or pass rate
adjustment, the 60 days’ notice required by this Agreement’s Section 6(E)(1) shall not apply.

A.. COUNTY shall pay no:more than:the cost‘of a monthly pass for each SmartCard holder:
The: cost of monthly passes are currently.as follows:

(1) Local Pass ~: $64 per month Local routes and light:rail boardings

(2) -Express Pass:- $104 per month Express/Rapid routes or a-combination
‘of local routes, light rail service, and
Express/Rapid routes

(3) Reduced Fare Pass = . $32 per month Local and light rail service only: If used
on other than local oF light rail service,

the rates in Exhibit.B, Section A(2)
shall apply

B.. Ifthe total amount of transactions for. each SmartCatd holder is less than the cost-of a
‘monthly pass, COUNTY shall be billed'for only those ‘transactions. The costs of each
transaction are:currently:as follows:

(1) Local/ight rail ride- $2.00 per ride
(2) Express/Rapid ride- -$3,25 per ride

(8) Reduced fare ride- $4.00 per ride Loeal and light rail service only. Ifused
‘on other than-local or light rail:service,
the rates in Exhibit B, Section B(2)
shall-apply.

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EXHIBIT

Electronic File Requirements

The following are the data specifications for the electronic file(s) provided under this Agreement. Each line will begin
with-a letter.A, B, C, D, or E indicating the type of record. G records Indicate totals:per card, while D records show.
detailed “per ride” information. See below specifications:

Field Length Format
Récord:A First Record of file’
Record Type 4 Character A
Billing Start Date 410. Date ronvddiyyyy
Billing End Date 40 Date mmildd/yyyy.
‘Record B Second Record of file
Record Type 4 Character B
Maricopa
Maricopa County Account: Number 25. Character County
"C" record for each Bus
Record ¢. Card Number
Record Type “dt character G.
Bus Card Number. up-to(5 . Nutheri¢
; ‘EXP ot. RED.
Card Type 3 Character |. (reduced fare)
Card Issue Date 40. Date. mom/dd/yyyy
Card Expiration Date 40 ‘Date minidd/yyyy
Card: Number of uses 3 Numeric
Fare Amount Z Numeric onan.nn
Billed Amount {Total Fare) 7 Numeric ndnon.nn
Processing Date (Run: Date) 40 ‘Date: mimidd/yyyy.
vos | Multiple "D" records for
Record D - Card Detall Record .. each Bus Card Number
Racord Type: 4 Character D.
Bus Card Number upto Numeric
: EXP or RED
Fare Type. 3 Gharacter_|- @educed_fare)
Type:of Bus 3 Character | EXP, LOC
Route Number 4 Character:
‘Origin City. 45. Character
Event Date 10. Date: miniddd/yyyy
Event Time 8 Titne onan
7 Numeric nanan
Final Record
4 Character E
Total Amount Due 40 Numetic _ Anffnnn.on
Current Bil Amount 10 Numetic (nonnnnn.nn

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