IGA WITH CITY OF PHOENIX PUBLIC TRANSIT.PDF

AGREEMENT NO ________.
INTERGOVERNMENTAL AGREEMENT
CITY OF PHOENIX
AND
MARICOPA COUNTY ADMINISTERED BY ITS HUMAN SERVICES DEPARTMENT
(Fare Media)
This Intergovernmental Agreement (the "Agreement") is entered into this __day
of_________, 2017 pursuant to Arizona Revised Statutes ("A.R.S.") Section 11-952 between the
City of Phoenix, through its Public Transit Department (hereinafter referred to as the "Phoenix")
and the Maricopa County administered by its Human Services Department (hereinafter referred
to as "(Organization) ").
RECITALS
A. Phoenix is empowered to enter into this Agreement pursuant to Chapter 2, Section
2(i) of the Phoenix City Code and is authorized to enter into this Agreement by appropriate
action of its City Council.
B. Maricopa County Human Services Department is empowered to enter into this
Agreement pursuant to ARS 11-951 et seq. and City Charter Section 1.03 and is authorized to
enter into this Agreement by appropriate action of its City Council.
C. Phoenix and Organization are empowered to enter into this Agreement pursuant to
A.R.S. Section 11-952.
D. Organization desires to obtain and Phoenix desires to provide products that are
commonly known as "fare media" for the benefit of the Organization’s Arizona@Work
Workforce Development Division.
AGREEMENT
THEREFORE, IT IS AGREED as follows.
I. PURPOSE OF AGREEMENT
The purpose of this Agreement is for the assistance with Maricopa County Human
Services Department efforts to obtain bus and rail fare media.
II. PRODUCT
Phoenix shall provide the bus and rail fare media in the types and unit prices detailed in
Exhibit “A”.
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III. TERM OF AGREEMENT
This Agreement shall commence on November 15, 2017 and expire on November 14,
2027.
IV. PAYMENT OF AMOUNT
Maricopa County Human Services Department shall pay Phoenix for the bus and rail fare
media based on the current regionally-approved fare prices (see Exhibit A for current
pricing). In no event shall the total of all compensation paid under this Agreement not to
exceed $22,600.00 annually unless otherwise determined by mutual agreement.
Payments shall be made for bus and rail fare media provided.
Maricopa County Human Services Department shall pay according to the due date
indicated on each invoice submitted by Phoenix, which is generally 30 days of the date of
each invoice. Any payment not timely made by Maricopa County Human Services
Department shall be assessed a late charge at a rate of 1 ½ percent per month.
V. OWNERSHIP OF INFORMATION
All bus and rail fare media prepared and purchased by Maricopa County Human Services
Department in performance of this Agreement shall be owned by Maricopa County
Human Services Department.
VI. TERMINATION
Each party shall have the right to terminate this Agreement by mailing the other party
written notice of termination by certified mail, return receipt requested, at least sixty (60)
days prior to the effective date of said termination. In the event this Agreement is
cancelled by Tempe, Tempe shall remain responsible for payment to Phoenix for all work
performed through the date of termination and for reimbursement to Phoenix for all non-
cancellable commitments incurred prior to cancellation.
VII. INDEMNIFICATION
Each party shall indemnify, defend, save and hold harmless the other party and its
officers, officials, agents, and employees from and against any and all claims, actions
liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs
of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for
bodily injury or personal injury (including death), or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent
or willful acts or omissions of each party or any of its respective owners, officers,
directors, agents, employees or subcontractors.
VIII. ASSIGNMENT AND DELEGATION
Neither party may assign any rights hereunder without the express, written, prior consent
of both parties.
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IX. CONFLICT OF INTEREST
The parties acknowledge that this Agreement is subject to cancellation provisions
pursuant to A.R.S. Section 38-511, the provisions of which are incorporated herein and
made a part hereof.
X. ENTIRE AGREEMENT
This Agreement, along with its exhibits, contains the entire understanding of the parties
hereto. There are no representations or provisions other than those contained herein, any
amendment or modification of this Agreement shall be consistent with Article III.
XI. INVALIDITY OF PART OF THIS AGREEMENT
The parties agree that should any part of this Agreement be held to be invalid or void, the
remainder of the Agreement shall remain in full force and effect and shall be binding
upon the parties.
XII. GOVERNING LAW
This Agreement shall be construed under the laws of the State of Arizona and shall
incorporate by reference all laws governing the interagency agreements and mandatory
contract provisions of state agencies required by statute or executive order.
XIII. NOTICES
Any and all notices, requests or demands given or made upon the parties hereto, pursuant
to or in connection with this Agreement, unless otherwise noted, shall be delivered in
person or sent by United States Mail, postage prepaid, to the parties at their respective
addresses as listed below:
If to Maricopa County:
Human Services Department, Workforce Development Division
234 N Central Avenue, 3rd Floor
Phoenix, AZ 85004
Attn: Thomas Colombo, Assistant Director
If to Phoenix:
City of Phoenix
Public Transit Department
302 N. 1st Ave., Ste. 900
Phoenix, AZ 85003
Attn: Ken Kessler, Deputy Public Transit Director
XIV. COMPLIANCE WITH NON-DISCRIMINATION LAWS
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The parties agree to comply with all applicable state and federal laws, rules, regulations
and executive orders governing equal employment opportunity, nondiscrimination and
affirmative action.
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IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement
on the day and year first above written.
CITY OF PHOENIX, MARICOPA COUNTY,
a municipal corporation a municipal corporation
ED ZUERCHER, City Manager Chairman, Board of Supervisors
By: ______________________________ By: _____________________________
Maria Hyatt, Public Transit Director Denny Barney
Date: _____________________________ Date: _____________________________
ATTEST: ATTEST:
________________________________ ________________________________
City Clerk Maricopa County City Clerk
IN ACCORDANCE WITH THE REQUIREMENTS OF § 11-952(D), ARIZONA REVISED
STATUTES, 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.
APPROVED AS TO FORM: APPROVED AS TO FORM:
________________________________ ________________________________
City Attorney Maricopa County Attorney
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EXHIBIT A
Bus and Rail Fare Media to be provided:
Description Unit Price
Reduced All Day Pass $2.00
Reduced 7-Day Pass $10.00
Reduced 15-Day Pass $32.00
Reduced 31-Day Pass $16.50
Local All Day Pass $4.00
Local 7-Day Pass $20.00
Local 15-Day Pass $33.00
Local 31-Day Pass $64.00
Express/Rapid 1-Day Pass $6.50
Express/Rapid 31-Day Pass $104.00
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