IGA WITH MORRISTOWN ELEMENTARY SCHOOL DISTRICT #75.PDF

INTERGOVERNMENTAL AGREEMENT
BETWEEN MARICOPA COUNTY AND MORRISTOWN ELEMENTARY DISTRICT
FOR THE PURCHASE OF FUEL
THIS AGREEMENT ("Agreement") is entered into on this 1 st= day of July, 2017,
between Maricopa County ("County") and the Morristown Elementary District #75 ("District"), a
political subdivision of the State of Arizona.
RECITALS
WHEREAS, the parties hereto desire to conserve resources and reduce procurement
cost; and,
WHEREAS, the parties hereto desire the free exchange of goods and services that may
assist in improving the efficiency or economy of the procurement of necessary materials and
services; and
WHEREAS, the County purchases, and holds title to, various quantities of fuel for use in
County vehicles; and
WHEREAS, the County desires to sell such fuel to the District and the District desires to
purchase such fuel from the County for use in vehicles; and
WHEREAS, the District is authorized under Arizona Revised Statutes § 11-952 to enter
into this Intergovernmental Agreement for the purchase of fuel from the County.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement, and of the benefits to result therefrom, the parties agree as follows:
1. The purpose of this agreement is set forth in the recitals above which are
incorporated herein as agreements of the parties.
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2. The District may obtain fuel (propane, diesel and unleaded) for their fleet of
vehicles, from the County, at all county fuel station sites. That the County
Equipment Services Department shall provide security coded keys to each District
vehicle for access to the fueling pumps. No fuel will be purchased for personal use
on private vehicles.
3. That the District shall safeguard County fuel keys utilized for fuel pump access.
The District shall notify the County immediately of the loss of fuel keys or the
removal of a vehicle from the authorized fueling list.
4. That the County, Equipment Services Department will monitor the quantity of fuel
obtained by the District. The County, Equipment Services Department will invoice
the District monthly, for the fuel used.
5. That the District will be invoiced for the cost of the fuel, fuel deliveries and all
administrative costs associated with the purchasing and monitoring of fuel
transactions. These costs will be included in the price per-gallon. The price per
gallon will be calculated using the Oil Pricing Information System (OPIS) price
(changes weekly) plus Federal and State fees plus overhead (calculated
annually).
6. That the District will make timely payments (within 30 days) to the County for
materials and services received.
7. That the District shall be responsible for all costs associated with accidents or
damage caused by vehicles or personnel to County property.
8. Each of the parties shall be responsible for any and all liability for its own
negligence or the negligence of its officers, employees, and agents arising from
this Agreement and each shall bear all costs for their own defense of any litigation.„.
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9. Formal notices, demands and communications between the County and the
District shall be deemed sufficiently given if hand delivered or dispatched by
registered or certified mail, postage prepaid, and addressed follows:
County: Nat Matsuda
Maricopa County -
Equipment Services Department
3325 W. Durango Street
Phoenix, Arizona 85009
District: Kathy Murphy, Business Manager
Morristown Elementary District #75
25950 West Rockaway Drive
P.O. Box 98
Morristown, Arizona, 85342
10. That the term of this agreement begins on July 1, 2017 and shall remain in effect
until June 30, 2022 or until termination by either party. This agreement may be
renewed by written agreement of the parties for an additional 5-year term. Either
party may terminate this agreement by giving thirty (30) days written notice to the
other party. Upon termination of this agreement all Fuel Keys issued by the
County to the District will be returned to Equipment Services.
11. This agreement shall take effect after execution by both parties.
12. That this agreement may be canceled pursuant to provisions of A.R.S. § 38-511
which provisions are incorporated herein by this reference.
13. No amendment or =modification of this agreement, and no waiver hereunder, shall
be valid or binding unless set forth in writing and signed by each party.
14. To the extent applicable under A.R.S. § 41-4401, each party agrees to, and shall
cause any contractors performing under this Agreement, to verify the employment
eligibility of its employees through the federal E-verify system and to comply with
E-verify requirements under A.R.S. § 23-214(A). Each party shall require any
contractors performing under this Agreement, to retain all records relating to its
compliance, termination or cancelation or, if later, until any related pending
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proceeding or litigation has been closed. Each party shall allow the other
reasonable access to records to ensure compliance with this provision.
15. Each party hereby warrants and represents that it is not currently engaged in and
agrees for the duration of this Agreement, not to engage in a boycott of Israel as
proscribed by A.R.S. § 35-393.01 et seq
16. The parties do not anticipate having to dispose of any property upon partial or
complete termination of this Agreement. However, to the extent such disposition is
necessary; property shall be returned to its original owner.
17. This Agreement shall be governed by and construed in accordance with the laws
of the State of Arizona.
18. This Agreement contains the entire agreement between the parties hereto and
supersedes all prior and contemporaneous agreements and understandings
between the parties respecting the subject matter hereof. Should any provision of
the Agreement be held to be invalid, void or unenforceable, or waived whether by
conduct or otherwise, in any one or more instances, it shall not affect the
enforceability of the remaining provisions of this Agreement which shall be read as
if such term or provision held invalid, void, unenforceable or waived were never
part hereof.
19. Every payment obligation of the District under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the payment of such
obligation. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by the District at the end of the
period for which funds are available. No liability shall accrue to the District in the
event this provision is exercised, and the District shall not be obligated or liable for
any future payments or for any damages as a result of termination under this
paragraph.
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20. This Agreement may be executed in multiple counterparts, each of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties to this agreement have caused their names to be
affixed hereto by their proper officers on the dates indicated
Date: 6 Morristown Elementary District No. 75
Agency Name
Signature/Title (Authorized Officer)
APPROVED AS TO FORM
i-1.--711 7 LA/ "40(
Date: ,0 ° Li
SignAturei1itle'1/4(-Legal Cobinsel for Morristown Elementary
District)
Date:
Chairman, Board of Supervisors
Maricopa County, Arizona
ATTESTED
Date:
Clerk of the Board
Maricopa County, Arizona
APPROVED AS TO FORM
Date:
Deputy Maricopa County Attorney
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