Extracted text (via pymupdf_layout)
22012 characters
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE
ARIZONA DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE DIVISION AND
MARICOPA COUNTY
G-30189
C-24-17-001-x-00
This Intergovernmental Agreement ("IGA") is made and entered into by and between the
Arizona Department of Transportation Motor Vehicle Division (“ADOT MVD”), a government
agency of the State of Arizona, and Maricopa County, a political subdivision of the State of
Arizona ("County"). ADOT MVD and County will collectively be referred to in this IGA as the
"Parties."
RECITALS
A. ADOT MVD is ready, willing and able to provide services of the kind and character
that County wishes to provide for its citizens at various Regional Court Centers (the
“Facilities” or individually, the “Facility”), as specified in Exhibit “A” which is attached
hereto and made a part hereof, and County wishes ADOT MVD to provide such
services.
B. County owns certain real property within its county limits, including the “Facilities” as
shown in Exhibit “A”.
NOW, THEREFORE, in consideration of the covenants and promises contained in
this IGA and for other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
TERMS
1.0 Recitals. The recitals which appear above are incorporated into this IGA by this
reference.
2.0 Applicability. The terms and conditions of this IGA shall apply to ADOT MVD’s
use of the Facilities listed in Exhibit “A,” attached hereto and incorporated herein
by this reference:
3.0 Service Area.
3.1 The County agrees to provide ADOT MVD with space in the Facilities, subject to
the terms and conditions contained in this IGA, to enable ADOT MVD to render
those services and conduct the programs and activities, as applicable, which it
customarily provides, as more specifically provided in Subsection 4.1. The
applicable space designated for the use of ADOT MVD to provide services in each
of the individual County-controlled properties to which this IGA relates shall be
referred to in this IGA as the "Service Area."
Page 1 of 12
Arizona Department of Transportation, Motor Vehicle Division
3.2 Both Parties understand and acknowledge that the services provided at each
Facility are subject to continuous review to determine the needs of the persons
using the Facilities and how to best respond to them. The nature of the service to
be provided or activity to be conducted, the frequency of need, scheduling and
need to coordinate other services and providers are all considered in determining
a suitable and appropriate Service Area.
3.3 County, after conferring with ADOT MVD, shall have the final authority and sole
discretion to determine the size and location of each Service Area at the Facilities,
and the times at which each Service Area will be made available to ADOT MVD.
ADOT MVD acknowledges by the execution of this IGA that ADOT MVD has
examined each Service Area at the Facilities, which each Service Area shall consist
of a portion of the lobby area at the Facilities sufficient in size to contain the
ServiceArizona Kiosk discussed in Subsection 4.1 of this IGA, and ADOT MVD
agrees that it is appropriate and suitable for providing the services as described
herein. Unless otherwise provided in this IGA, ADOT MVD accepts each Service
Area at the Facilities in “as is” condition. In the event that a change to the size or
location of a Service Area at one or more of the Facilities is necessary, the
requesting entity will prepare a diagram showing the proposed new Service Area. A
change shall be deemed approved when the diagram is signed by a County and
ADOT MVD Contract Administrator (defined below).
3.4 At the sole discretion of County, ADOT MVD may furnish signage at the Facility
to direct members of the public to any Service Area at the Facilities. ADOT MVD
will confer with County concerning signage, but County shall have sole discretion
to determine the signage content and amount, based upon the need for existing
signage at each of the Facilities, the need for consistency and uniformity in
signage, and other considerations. County shall not use the name of ADOT
MVD, its seal, signs or logos in any advertising, promotional materials, or for any
other purpose without the express, written prior approval of the ServiceArizona
Program Administrator. Upon full execution of this Agreement, County hereby
approves and authorizes the “ServiceArizona ADOT MVD Authorized Location”
insignia depicted on Exhibit “B,” attached hereto and incorporated herein by this
reference, to be placed on the main entrance door(s) of each of the Facilities
listed in Exhibit “A”.
3.5 County shall notify ADOT MVD of any office break-in, theft or loss of the
ServiceArizona Kiosk or documents related to this IGA as soon as practical after
the break-in, theft or loss is discovered.
4.0 Use of the Service Area at each of the Facilities.
4.1 ADOT MVD's use of the Service Area at the Facilities shall be limited to providing
those services that ADOT MVD customarily provides, which are more specifically
described as follows:
ADOT MVD will install one (1) ServiceArizona Kiosk in the Service Area at each
Facility listed in Exhibit “A” at no cost ($0.00) to County. The ServiceArizona
Kiosk will provide users access to MVD online services, which shall include but
are not limited to the following: Registration Renewal; Motor Vehicle Record;
Duplicate Driver License; Registration Tab Replacement; Duplicate Vehicle
Page 2 of 12
Arizona Department of Transportation, Motor Vehicle Division
Registration; Driver License Reinstatement; Change of Address; Insurance
Verification; 3 Day Permit; Plate Refund; 30 Day General Use; Voter
Registration; Sold Notice; Plate Credit; and Vehicle Fee Recap.
The Parties acknowledge that above described services benefit the Parties in so
much as defendants can perform certain driver license and motor vehicle
transactions immediately at the ServiceArizona Kiosk.
4.2 The Service Area at each of the Facilities that is the subject of this IGA shall be
used solely for the purposes of rendering the services described in Subsection
4.1. ADOT MVD shall not use the Service Area at the Facilities for any other
purpose, without the written consent of County.
4.3 ADOT MVD shall be responsible for ensuring that any persons providing
maintenance and/or repair services to any ServiceArizona Kiosk, including but
not limited to ADOT MVD’s employees, agents and volunteers (“Service
Providers”), are competent to do so. ADOT MVD shall provide to County for
County’s review and approval, prior to its occupation and use of any Service
Area at the Facilities, its written policies and procedures regarding the
background investigation of its Service Providers.
4.4 ADOT MVD shall be responsible for ensuring that its work environment is free
from unlawful discrimination, as provided by Title VI and Title VII of the Civil
Rights Act of 1964 and other applicable state and federal laws. ADOT MVD shall
further ensure a commitment to respecting individual differences and valuing
diversity.
4.5 ADOT MVD shall ensure that the Service Providers have all required and
applicable licenses, permits and permissions required by federal, state, and
County statutes, ordinances, laws, rules and regulations, prior to providing
services at the Facilities. All such licenses, permits and permissions must be
current and in good standing.
4.6 At any time County reserves the right to adopt, amend and enforce reasonable
rules and regulations governing the operation and use of the Service Area at the
Facilities. These rules and regulations shall apply to ADOT MVD, its officers,
employees and agents, including all Service Providers, and ADOT MVD agrees
to comply with them.
4.7 ADOT MVD shall obtain the prior written approval of County before making any
representation, in any application for a grant or other funding, that it has or will
secure the continuing use of any Service Area at the Facilities, or any other
County property, whether real, personal or financial, in connection with the
application.
5.0 Contract Administrator. Prior to the commencement of the IGA, the Parties shall
each designate a person, or persons, to be that party’s representative in the
administration of this IGA (the “Contract Administrator”). Each party shall furnish to
the other full contact information, including mailing and physical addresses, phone
numbers and current email addresses, for its designated Contract Administrator,
including emergency contact information. Each party shall furnish the other in
Page 3 of 12
Arizona Department of Transportation, Motor Vehicle Division
writing within two (2) business days of any change in its Contract Administrator.
County’s Contract Administrators are:
Contact One:
Tim Dahlstrom, Director of Operations
Maricopa County Justice Courts
222 N. Central Avenue, Suite 210, Phoenix, AZ 85004
602-506-8569
TimDahlstrom@mcjc.maricopa.gov, and
Contact Two:
Chris Reams, Director of Support Services
Maricopa County Justice Courts
222 N. Central, Ste. 210, Phoenix, AZ 85004
602-506-2373
chrisreams@mcjc.maricopa.gov, and
Contact Three:
Karina Araiza, Finance Manager
Maricopa County Justice Courts
222 N. Central Ave. Ste. 210, Phoenix, AZ 85004
602-372-1779
karinaaraiza@mcjc.maricopa.gov, and
Contact Four:
Jeff Fine, Court Administrator
Maricopa County Justice Courts
222 Central, Ave., Ste. 210, Phoenix, AZ 85004
602-372-1561
jefffine@mcjc.maricopa.gov
ADOT MVD’s Contract Administrator is Robert J. Smith, Program Administrator,
whose physical and mailing address is 1801 W. Jefferson St., MD 532M, Phoenix,
AZ 85007, whose phone number is (602) 712-8217, option 4, and whose e-mail
address is rsmith@azdot.gov, and whose emergency contact information will be
provided separately.
6.0 Notice. Any notice required or permitted to be given pursuant to this IGA, unless
otherwise expressly provided herein, shall be given in writing, either personally to
the Contract Administrator of the other party; by an email sent to the designated
email address, as shown below, of the other party the receipt of which is
thereafter acknowledged by electronic or other reply; or by United States Postal
Service, as shown below or to such other street address(es) as may be designed
by the respective parties in writing from time to time. The notice shall be deemed
complete when received by the person designated to receive it.
County ADOT MVD
Maricopa County Justice Courts ServiceArizona
222 N. Central Ave., Ste. 210 Motor Vehicle Division
Page 4 of 12
Arizona Department of Transportation, Motor Vehicle Division
Phoenix, AZ Arizona Department of Transportation
1801 W. Jefferson St., Phoenix, AZ. 85007
and/or email: serviceazgroup@azdot.gov
ATTN: Contract Administrator ATTN: ServiceArizona Program Administrator
7.0 Consideration. As and for consideration for rights and privileges which are the
subject of this IGA, ADOT MVD agrees to provide the services described in
Section 4.0, above, which County regards as serving a valuable public purpose,
constituting fair consideration. There shall be no fees charged to ADOT MVD.
8.0 Utilities. County will arrange and pay for the electricity furnished to the
ServiceArizona Kiosk in each Service Area of the Facilities for the term of this
IGA. County shall maintain the structural elements; heating, cooling and other
systems of the Facilities, including each Service Area, at County’s own expense
and County shall keep them in good repair, normal wear and tear excepted.
There shall be no additional charges by County to ADOT MVD for supplying
these utilities or services to the Service Area of the Facilities.
County shall be responsible for providing access to the public internet via a DSL
line to the ServiceArizona Kiosk in the Service Area. Both Parties mutually agree
access to the public internet is by dedicated data line, in a manner mutually
agreeable to the Parties.
8.1 Hardware: County shall be responsible for providing an internet router to support
the DSL line, in accordance with specifications described by ADOT MVD. ADOT
MVD will be responsible for configuring, installing, and maintaining the router.
9.0 Maintenance. ADOT MVD shall be responsible for all maintenance, repairs and
service of every ServiceArizona Kiosk, including but not limited to repairing
damage, correcting outages, replacing parts and conducting routine maintenance
and service calls. ADOT MVD shall have the right to inspect and perform
maintenance on any ServiceArizona Kiosk during normal business hours, which
are from 8:00AM to 5:00PM, Monday through Friday.
County has the right to enter the Service Area at any reasonable times to inspect
and perform such limited maintenance of any ServiceArizona Kiosk requiring
County’s attention only as described in the following paragraph. County shall also
provide janitorial services and trash disposal services to the Service Area at the
Facilities at County’s sole cost and expense.
County shall have limited maintenance obligations pertaining to the
ServiceArizona Kiosk, limited to replenishing both the specialty paper stock for
the ServiceArizona Kiosk (the “Tab on Demand” paper stock) and the plain paper
stock. ADOT MVD shall provide to County at the Facilities a timely and adequate
supply of printer toner cartridges, Tab on Demand paper stock and plain paper
stock as is necessary to keep every ServiceArizona Kiosk operational and ADOT
MVD shall provide other maintenance and repair to each ServiceArizona Kiosk
as may be required under this IGA.
Page 5 of 12
Arizona Department of Transportation, Motor Vehicle Division
9.1 Deliveries. ADOT MVD will not have keys to access the Facilities. All ADOT
MVD supply deliveries of paper inventory and toner cartridges must occur within
the normal business hours set forth in Section 9.0 of this Agreement.
10.0 Compliance. County shall comply with all of the terms set forth in this IGA,
together with all applicable federal and state statutes and regulations.
County shall immediately notify ADOT MVD if County has reason to believe that
an officer, agent, employee, contractor or other representative of County has
acted in violation of the law and/or the terms of this IGA, including but not limited
to a suspected misuse of records or information on the part of such persons.
The relationship between ADOT MVD and County is that of two independently
contracting parties, wholly separate from one another. No agent or employee of
County shall be deemed to be an agent or employee of ADOT MVD, for any
reason. County and ADOT MVD will each be solely and entirely responsible for
its own acts and omissions, and the acts and omissions of its own agents or
employees throughout the duration of this IGA.
11.0 Inventory. County shall be responsible for timely requesting of ADOT MVD a
restocking delivery by ADOT MVD of all ServiceArizona Kiosk inventory,
including but not limited to plain paper stock, Tab on Demand paper stock, and
printer toner cartridge.
ADOT MVD shall be responsible for timely supplying to County the plain paper
stock, the Tab on Demand paper stock, and the printer toner cartridges, which
County shall use for the restocking.
County shall be responsible for maintaining and properly securing the Tab on
Demand inventory, in a locked cabinet, safe or vault, and for allowing ADOT
MVD to inspect the storage of such inventory upon request.
12.0 Destruction of Facilities. Partial destruction, which shall mean destruction or
damage to an extent not exceeding twenty-five percent (25%) of the full insurable
value of the Facilities, shall render this IGA voidable by either party. Complete
destruction, which shall mean destruction or damage to an extent exceeding
twenty-five percent (25%) of the full insurable value of the Facilities, shall render
it void.
13.0 Indemnification. To the extent permitted by law, 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’s fees, (hereinafter collectively referred to as
‘claims’) arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission,
negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees, or volunteers.
14.0 Non-assignability. The rights, privileges and responsibilities of ADOT MVD and of
County under this IGA are non-assignable.
Page 6 of 12
Arizona Department of Transportation, Motor Vehicle Division
15.0 ADOT MVD’s remedies on Termination. Upon any termination of this IGA,
according to its terms, for cause or convenience, ADOT MVD, at its election, may
re-enter the Service Area at the Facilities occupied by the ServiceArizona Kiosk
pursuant to this IGA and may immediately demand in writing that all property and
inventory purchased and/or provided by ADOT MVD, be immediately returned to
ServiceArizona Program Administrator, subject only to the limitations of state law.
16.0 Entire IGA. This IGA constitutes the entire agreement between the Parties with
respect to the subject matter hereof and supersedes any prior agreements,
understanding, negotiation or representation regarding the Facilities, the Service
Area therein, or the services to be provided pursuant to this IGA.
17.0 Law governing. This IGA shall be governed by the laws of the State of Arizona.
18.0 Conflict of interest. ADOT MVD or County may cancel this IGA pursuant to
Arizona Revised Statutes 38-511, without penalty or further obligation, if any
person significantly involved in initiating, negotiating, securing, drafting or
creating the IGA on behalf of either party is, at any time while the IGA is in effect,
an employee of the other party in any capacity, or a consultant to the other party
with respect to the subject matter of the IGA. The cancellation shall be effective
when written notice is received by the other party to the IGA, unless the notice
specifies a later time (A.R.S. § 38-511).
19.0 Attorney fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this IGA, or on account of any breach or
default hereof, the prevailing party shall be entitled to receive from the other party
reasonable attorney fees and reasonable costs and expenses, determined by
order of the court, sitting without jury, which shall be deemed to have accrued on
the date of such court order and shall be enforceable whether or not such action
is prosecuted to final judgment on the merits.
20.0 Exhibits. All Exhibits referred to in this IGA are hereby incorporated by this
reference.
21.0 Non-Appropriation of Funds. If either party’s performance under this IGA
depends upon the appropriation of funds by the perspective legislative body, and
if the either legislative body does not appropriate funds to continue this IGA,
either party may terminate this IGA at the end of the current fiscal period. Both
parties agree to give written notice of termination at least 30 days prior to the end
of its current fiscal period. Termination in accordance with this provision shall not
constitute a breach of this IGA by either party. No person will be entitled to any
compensation, damages or other remedy from County if this IGA is terminated
pursuant to the terms of this subsection.
22.0 Term and Termination. The term of the IGA is for five (5) years, commencing
upon approval by the Motor Vehicle Division Director and executed by both
parties.
Upon expiration of this five (5) year term, the Parties may mutually agree to
extend the term of the IGA for another one (1) year (or greater) term through
written agreement of the Parties.
Page 7 of 12
Arizona Department of Transportation, Motor Vehicle Division
22.1 Either Party may terminate this IGA for cause or for convenience by giving the
other party thirty (30) days’ written notice, as provided in section 6.0, above. The
County shall have the right to cancel the IGA with ten (10) days prior written
notice to ADOT MVD, if there is any threat to public health in the performance of
the IGA by ADOT MVD.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 8 of 12
Arizona Department of Transportation, Motor Vehicle Division
G-30189
C-24-17-001-x-00
IN WITNESS WHEREOF, the Parties have executed this document by affixing their signatures,
as of the day and date first written above.
ARIZONA DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE DIVISION
____________________________________
Eric R. Jorgensen, Assistant Director / Date
Arizona Department of Transportation
Motor Vehicle Division
MARICOPA COUNTY
____________________________________
Clint Hickman
Chairman of the Board of Supervisors
ATTEST:
___________________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
_____________________________________________
Deputy County Attorney Date
Page 9 of 12
TABLE OF EXHIBITS
Exhibit Page Paragraph Title
A 1 3.3; 3.4 Facilities
B 1 3.4 Approved ServiceArizona Entrance Door Insignia
Page 10 of 12
Exhibit “A”
Facilties
Attached to Intergovernmental Agreement
Between ADOT MVD & County
G-30189
C-24-17-001-x-00
Downtown Regional Court Center
Maricopa County Justice Courts
620 W. Jackson
Phoenix, Arizona 85003
Northeast Regional Court Center
Maricopa County Justice Courts
18380 N. 40th Street
Phoenix, Arizona 85032
Northwest Regional Court Center
Maricopa County Justice Courts
14264 W. Tierra Buena Lane
Surprise, Arizona 85374
San Tan Regional Court Center
Maricopa County Justice Courts
201 E. Chicago Street
Chandler, Arizona 85225
Southwest Regional Court Center
Maricopa County Justice Courts
10420 W. Van Buren Street
Avondale, Arizona 85323
Page 11 of 12
Exhibit “B”
Approved ServiceArizona Entrance Door Insignia
Attached to Intergovernmental Agreement
Between ADOT MVD & County
G-30189
C-24-17-001-x-00
Page 12 of 12