MARICOPA COUNTY PLATINUM PASS AGREEMENT 2014.DOCX

AGREEMENT NO. __________
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF PHOENIX
AND
Maricopa County, Arizona
(Platinum Pass Agreement)
THIS AGREEMENT is made and entered into this 24th day of October,
2014, 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 County Manager (hereinafter referred to as “COUNTY”).
RECITALS
WHEREAS, the City Manager of PHOENIX, is authorized and empowered
by provisions of the City Charter to execute contracts; and,
WHEREAS, PHOENIX has Charter authority to provide transit services
and Charter and statutory authority to enter into Agreements with other entities within
the Phoenix Urban Area to provide transit services [Arizona Revised Statutes (A.R.S.)
Section 11-951, et seq.; Chapter 2, Section 2, Subsections (c)(i) and (l), Charter of the
City of Phoenix, 1969]; and,
WHEREAS, as a part of its operation of a bus system PHOENIX has
established a fare structure that includes a transit pass program for the issuance of fare
media for use on more than one trip, i.e., transit passes, and an employer participation
program that allows employers to provide transit passes to their employees on such
terms as the employer deems appropriate; and,
WHEREAS, PHOENIX provides its Platinum Pass Program (Program) to
employers who may, but are not required to, subsidize all or part of their employees’
monthly program charges,
WHEREAS, The Program offers electronic fare collection and billing
services to participating employers and employers are only invoiced for the actual
number of boardings reported for each monthly billing period; and,

WHEREAS, the maximum monthly payment for each cardholder does not
exceed the 31-day fare set by PHOENIX for express and local service; and,
WHEREAS, A.R.S. § 11-951, et seq., provide that public agencies may
enter into Intergovernmental Agreements for the provision of services or for joint or
cooperative action; and,
WHEREAS, 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 air pollution and emissions within the County by requiring major employers and
schools to develop, implement, and maintain a Trip Reduction Program that includes
emission reduction measures; and,
WHEREAS, 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; and
WHEREAS, COUNTY has chosen to participate in PHOENIX’s employer
provided transit pass program (the Platinum Pass Program) in accordance with the terms
and conditions set forth herein; and,
WHEREAS, COUNTY has the legal authority to participate in the Platinum
Pass Program; NOW, THEREFORE,
AGREEMENT
IT IS HEREBY AGREED, by and between the parties, as follows:
SECTION 1. Purpose. PHOENIX has developed a program for the use of
SmartCards as a method of fare payment (hereinafter referred to as the Platinum Pass
Program). The Platinum Pass Program is generally described in Exhibit “A,” attached
hereto. COUNTY desires to participate in the Platinum Pass Program and toward that
end the parties mutually agree to the following terms.
SECTION 2. Term of Agreement. The term of this Agreement shall be for
a period of three (3) years commencing on October 24, 2014 and continuing until
October 23, 2017 with the option to renew for one three-year renewal period.
SECTION 3. Issuance of Platinum Passes.
A. PHOENIX shall provide Platinum Passes to COUNTY and COUNTY shall be
charged a per card charge, currently $1.50 per Pass. Requests for additional
Passes shall be in the manner and form prescribed by PHOENIX. Defective
passes shall be replaced by PHOENIX at no cost to COUNTY when such defect is
the result of product failure and not the result of misuse or abuse.
B. The Platinum Passes shall be valid for a period of three (3) years from the effective
date of this Agreement.
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SECTION 4. Billing for Services Provided.
A. PHOENIX shall invoice COUNTY monthly, summarizing line item entry totals of
fare and pass rates for each cardholder by Platinum Pass card 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 PHOENIX fails to use reasonable diligence
in its billing practices and, as a consequence, a billing is received after the 14th
day, the COUNTY shall not be responsible for paying charges related to
employees who are no longer employed by the COUNTY and for whom a
deactivation and final billing request has been submitted.
B. If requested by COUNTY, final billings for individual card deactivations pursuant to
Section 5(C) of this Agreement will be provided to COUNTY within four (4)
business days after the date that the request is made. When the request for final
billing is for a cardholder who is involuntarily terminated this fact will be made
known to PHOENIX in the request for deactivation and PHOENIX will use its best
reasonable efforts to expedite the billing in order for the COUNTY to comply with
its statutory obligation to timely pay the terminated cardholder the compensation
owed. If PHOENIX fails to use reasonable diligence in its billing practices and, as
a consequence, final billing information is received after the aforementioned four
(4) business days, and as a result COUNTY is unable to collect from a terminating
cardholder their portion of the sum owed, PHOENIX will waive the related
employee charges. Final billings will be made at no charge to COUNTY.
C. COUNTY shall pay PHOENIX within thirty (30) days of receipt of the
invoice and electronic billing file. Any interest charged for late payment will be paid
in accordance with State statute. COUNTY will be billed monthly in arrears for
participating in the Platinum Pass Program. Payment shall be made by COUNTY
within thirty (30) days of receipt of PHOENIX’s invoice and electronic billing file.
Any interest charged for late payment will be paid in accordance with State statute.
Invoices will be mailed to:
Human Resources Department, Payroll Division
301 W. Jefferson, Suite 219
Phoenix, AZ 85003
Phone: (602) 506-3519
Fax: (602) 372-0277
D. Billing information shall be provided in an electronic billing format suitable for
COUNTY to upload to its payroll system. Electronic file requirements are specified
in Exhibit “C.”
E. Detailed transactions by Platinum Pass card number shall be provided by
PHOENIX electronically upon request, for an extra fee of $25.00 per month for all
such requests.
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SECTION 5. Management of Platinum Passes.
A. PHOENIX shall provide transit passes to COUNTY for use during the contract term.
Passes 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 may seek to impose. Transit passes are non-transferable and are only
authorized for use by the individual to whom they are provided by COUNTY. Fare
media will be delivered to:
Maricopa County
Office of the County Manager
301 W. Jefferson, 10th Floor
Phoenix, AZ 85003
Phone: (602) 506-1841
Fax: (602) 372-8558
B. COUNTY will request the return of the Platinum Pass from a terminating COUNTY
employee upon termination and from an employee who withdraws from the
program upon their withdrawal.
C. If a Platinum Pass is to be deactivated for any reason COUNTY shall promptly
notify the Phoenix Public Transit Department’s Transit Revenue Section.
COUNTY shall be responsible for all costs incurred for a card that is to be
deactivated until such time as it notifies the Phoenix Public Transit Department’s
Transit Revenue Section to deactivate the card and for a period of forty-eight (48)
hours thereafter (not including hours on week-ends and PHOENIX recognized
holidays). Provided, however, that for notice transmitted to the Phoenix Public
Transit Department after 5:00 P.M. on Fridays, on a weekend or a PHOENIX
recognized holiday the aforementioned forty-eight (48) hour period shall
commence on the first work day following the week-end or holiday. PHOENIX will
waive any charges for card usage forty-eight (48) hours after the Phoenix Public
Transit Department’s Transit Revenue Section has been notified by COUNTY to
deactivate a card.
(1) Requests for deactivation shall be communicated to the Transit Revenue
Section by e-mail or FAX. Contact information is as follows:
FAX: (602) 732-2759 e-mail: transitrevenue@phoenix.gov
(2) At a minimum, the deactivation request shall include:
(a) COUNTY’s Account Number;
(b) card 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.
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D. Marketing for the Platinum Pass Program shall be the sole responsibility of
COUNTY and the cost of such marketing shall be paid by COUNTY. Included
within the scope of such marketing shall be an education/training component
introducing users to the program and the way that each fare media is to be use.
The Valley Metro Regional Public Transportation Authority (VM RPTA) will provide
support and materials to employers in support of efforts to market the Platinum
Pass Program.
E. Program participation costs and the current cost of passes are set forth in Exhibit
“A” and “B” hereto. The parties acknowledge that the fare structure for the bus
system is set by PHOENIX and that during the term of this Agreement the fare
structure for use of the bus system may change and that such changes may
include a change in the cost of passes. COUNTY shall pay the then current cost
for passes as they exist at the time that the bus pass is used as a fare media.
F. Detailed transactions by Platinum Card number shall be provided by PHOENIX
electronically upon request, for an extra fee of $25.00 per month for all such
requests.
SECTION 6. General Terms and Conditions. The following General
Terms and Conditions shall apply to this Agreement:
A. Term of Agreement. This Agreement shall be in full force and effect upon approval
of PHOENIX’s City Council and COUNTY’s Board of Supervisors, when executed
by their duly authorized officials. It shall remain in effect unless terminated or
canceled as otherwise provided herein;
B. Entire Agreement; Modification (No Oral Modification). This Agreement, and the
Exhibits attached hereto, constitutes the full and complete understanding and
agreement of the parties. It supersedes and replaces any and 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 terms, 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 communications by or from any person, shall be
used or construed as an amendment or modification or supplementation to this
Agreement.
C. Non-Availability of Funds. 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 hereunder, this Agreement may
be terminated at the end of the period for which such funds are available.
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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.
D. Termination for Conflict of Interest. In accordance with A.R.S. § 38-511, either
party may terminate this Agreement for conflict of interest upon ninety (90) days
prior written notice to the other party.
E. Termination.
(1) Except for termination for non-payment, either party may, at its option, sole
and unfettered discretion, terminate its obligations under this Agreement, or
any part thereof, with or without cause, on no less than sixty (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-payment of sums due under this Agreement, the
party to receive payment may, at its option, sole and unfettered discretion,
terminate its obligations under this Agreement, or any part thereof. 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 ten
(10) working days of receipt of the notice. In the event payment is not
received within the aforementioned ten (10) working day period, the party to
receive payment may terminate this Agreement upon ten (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 hereunder
and their intention with regard thereto. 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.
F. Inspection of Records and Records Retention. To the extent required by A.R.S.
§ 35-214, 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 hereto or their agents,
during the term of this Agreement.
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G. Assignment and Delegation; No Third Party Beneficiaries. Neither party may
assign or transfer 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.
It is the specific intention of the parties that this Agreement is made and entered
into for their specific benefit and that third party beneficiaries, with the ability to
enforce this Agreement, are not being created hereby. This Agreement shall inure
only to the benefit of each of the parties and to their permitted successors and
assigns.
H. Compliance with the Immigration Reform and Control Act of 1986 (IRCA) and with
A.R.S. § 23-211 – § 23-214. In performing under this Agreement, the parties
understand and acknowledge the applicability of IRCA and of § 23-211 through § 23-
214, Arizona Revised Statutes (A.R.S.), to them and each of the parties shall comply
with IRCA, with A.R.S. § 23-211 through § 23-214, and with all other federal and
state laws and regulations relating to immigration and to the immigration status of its
employees.
I. Non-Discrimination. The parties agree to comply with all applicable state and
federal laws, rules, regulations and executive orders governing equal employment
opportunity, immigration, nondiscrimination and affirmative action.
J. 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, deposited in the United States mail, postage
prepaid, registered or certified mail, return receipt requested, or deposited with any
commercial air courier or express service addressed as follows:
If intended for CITY:
Jim Campion, Lead Contracts Specialist
City of Phoenix Public Transit Department
302 North 1st Avenue; Suite 900
Phoenix, AZ 85003
Telephone: (602) 534-8289
If intended for COUNTY:
Pat Soria, Transportation Coordinator
County Manager’s Office
301 W. Jefferson, 10th Floor
Phoenix, AZ 85003
Phone: (602) 506-1841
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Notice shall be deemed received at the time it is personally served or, on the day it
is sent by facsimile transmission, on the second day after its deposit with any
commercial air courier or express service or, if mailed, ten (10) days after the
Notice is deposited in the United States mail as above provided. 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, or the person to receive
Notice by notifying the other party as provided in this Section.
Notice sent by facsimile transmission shall also be sent by regular mail to the
recipient at the above address. This requirement for duplicate notice is not
intended to change the effective date of the notice sent by facsimile transmission.
K. 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 or
unenforceable. Such a holding shall result in the offending term or provision being
ineffective to the extent of its invalidity or unenforceability without invalidating the
remaining terms and provisions hereof; this Agreement shall thereafter be
construed as though the invalid or unenforceable term or provision were not
contained herein.
L. Non-Waiver. Should either party fail or 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 the requirements of this Agreement or
of any of the terms or provisions thereof.
SECTION 7. Exhibits and Incorporation by Reference. Attached hereto
are the following Exhibits each of which is, by this reference, incorporated herein as
though fully set forth.
Exhibit A General Description of the Platinum Pass Program
Exhibit B Fare and Pass Rates
Exhibit C Electronic File Requirements
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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
By_________________________________
Maria Hyatt
ATTEST: Public Transit Director
___________________________
City Clerk – PHOENIX
APPROVED AS TO FORM:
___________________________
Acting City Attorney
APPROVED BY PHOENIX CITY COUNCIL on 8/27/2014.
COUNTY OF MARICOPA, State of Arizona
Recommended by:
By ____________________________
Tom Manos DATE
County Manager
Approved and Accepted:
By ____________________________
Denny Barney DATE
Chairman, Board of Supervisors
ATTEST:
By ____________________________
Fran McCarroll DATE
Clerk of the Board
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of Section 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.
____________________________ ______________________________
Attorney for PHOENIX Attorney for COUNTY
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EXHIBIT “A”
Platinum Pass Program1
1. The Platinum Pass Program. Employers must have a minimum of 5 current active
bus riders in order to participate. Once an employer is approved for participation, it
must purchase a minimum of 20 Platinum Passes. These will include the employer’s
company name and Platinum Pass card serial number as well as the effective dates
(cards valid for approximately three years after issue).
Every time a participating employee boards the bus or light rail, the employee taps the
card over the orange target on the farebox or ticket vending machine. The fare is
recorded and the card is automatically charged. Card values range up to $64 per
month per card on local routes & light rail boardings and $104 per card per month on
Express/Rapid or on a combination of local and Express/Rapid routes.
2. How It Works. The Platinum Pass Program is designed to pay off for employees and
employers alike. Here are a few examples:
 Pay-per Ride: Employer is only charged for actual number of boardings
 Cost of Cards: The cost of each Card, both initially provided and replacements, shall
be at its then prevailing cost (currently $1.50/card)
 Full Fare Pay-per Ride charges are capped at $64/month per card for local routes &
light rail boardings and $104/month per card for Express/Rapid routes. Reduced
Fare Pay-per Ride charges are capped at $32/month per card for local routes and
light rail boardings only.
 Cards are effective for approximately three years from issue date and can be
deactivated if lost or stolen
 Extra cards can be ordered and are activated upon issuance
 One Stop Accounting: Employer receives one monthly invoice for total charges on
all cards being used
 A detailed billing summary is available that shows the day, time and route for each
boarding at a cost of $25 per month.
3. 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, in fact, subsidize all or part of their employees’ monthly
program charges, turning it into a powerful retention tool promoting employee
satisfaction and performance.
1 The terms set forth in this Exhibit are the general program terms. If the body of this Agreement varies from the
terms of this Exhibit, the terms contained in the body of this Agreement shall prevail.
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EXHIBIT “B”
Fare and Pass Rates
The cash fare and pass rates set forth in this Exhibit are subject to change. It is
mutually understood that PHOENIX sets the cash fare and pass rate and all changes
thereto. PHOENIX has the right to change the fare and pass rate from time to time;
provided however PHOENIX shall give COUNTY notice of any fare adjustment together
with the right to cancel this Agreement prior to the effective date of the 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 sixty (60) days notice required by the General Terms
and Conditions [Section 6(E)(1)] shall not apply.
A. COUNTY shall pay no more than the cost of a monthly pass for each cardholder.
Cost of monthly passes are currently as follows:
(1) Local Pass - $64.00 per month local routes and light rail
boardings
(2) Express Pass - $104.00 per month Express/Rapid routes or a
combination of local routes,
light rail service and
Express/Rapid routes
(3) Reduced Fare Pass - $32.00 per month local & light rail service only.
If used on other than local &
light rail service the rates in
A (2) shall apply.
B. If the total amount of transactions of each cardholder is less than the cost of a
monthly pass, COUNTY shall be billed for only those transactions. Costs of each
transaction are currently as follows:
(1) Local/light rail ride - $2.00 per ride
(2) Express/Rapid ride - $3.25 per ride
(3) Reduced fare ride - $1.00 per ride local & light rail service only.
If used on other than local &
light rail service the rates in
B(2) shall apply.
EXHIBIT “B”
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EXHIBIT “C”
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,E indicating the type of record. C records indicate totals per card, while D records
show detailed per ride information. See below specifications:
Data File Requirements
Field
Field Length Type Constant Value Format
Record A First Record of file
Record Type 1 Character A
Billing Date 10 Date mm/dd/yyyy
Record B Second Record of file
Record Type 1 Character B
Maricopa County Account Number 25 Character Maricopa County
Record C "C" record for each
Bus Card Number
Record Type 1 Character C
Bus Card Number up to 15 Numeric
EXP or RED (reduced
Card Type 3 Character fare)
Card Issue Date 10 Date mm/dd/yyyy
Card Expiration Date 10 Date mm/dd/yyyy
Card Number of uses 3 Numeric
Fare Amount 7 Numeric nnnn.nn
Billed Amount (Total Fare) 7 Numeric nnnn.nn
Processing Date (Run Date) 10 Date mm/dd/yyyy
Multiple "D" records
for each Bus Card
Record D - Card Detail Record Number
Record Type 1 Character D
Bus Card Number up to 15 Numeric
Fare Type 3 Character EXP or RED (reduced fare)
Type of Bus 3 Character EXP, LOC, LR(Light Rail)
Route Number (Trip number) 4 Character
Origin City 15 Character
Event Date 10 Date mm/dd/yyyy
Event Time 8 Time nn:nn:nn
Fare Amount 7 Numeric nnnn.nn
Record E Final Record
Record Type 1 Character E
Total Amount Due 10 Numeric nnnnnnn.nn
Current Bill Amount 10 Numeric nnnnnnn.nn