IGA BUCKEYE.PDF

INTERGOVERNMENTAL AGREEMENT BETWEEN
MARICOPA COUNTY AND THE CITY OF BUCKEYE
REGARDING COOPERATIVE USE OF FUEL
THIS AGREEMENT ("Agreement") is entered into on this 1 st day of fitly, 2014, between
Maricopa County ("County") and the City of Buckeye ("City").
RECITALS
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
and,
WHEREAS, the parties hereto desire the free exchange of information, technology, and
other services that may assist in improving the efficiency or economy of the procurement of
necessary materials and services;
WHEREAS, the parties are authorized to enter into this intergovernmental agreement
pursuant to A.R.S. § 11-952 and A.R.S. § 41-2631 et seq.
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 to conserve resources, reduce procurement costs
and improve the efficiency or economy of the procurement of necessary materials and services.
2. That the City will obtain fuel (propane, biodiesel and unloaded) for their fleet of
vehicles, from the Maricopa County Department of Transportation service facility located at
26449 W. Highway 85, Buckeye, Arizona.
3. The Maricopa County Depai Iment of Transportation shall provide access cards
for employees.
4. Equipment Services shall provide security—coded keys for each City vehicle for
access to the fueling pumps.
5. The City shall safeguard County fuel keys utilized for fuel pump access. The City
shall notify the County immediately of the loss of fuel keys or the removal of a vehicle from the
authorized fueling list.
6. The City shall safeguard access identification cards and shall notify the Maricopa
County Department of Transportation, Customer Service at 602-506-2055 immediately of the loss
of a card or of any employee that leaves City employment.
7. The County, Equipment Services Depatt lent will monitor the quantity of fuel
obtained by the City. The County, Equipment Services Department will invoice the City monthly,
for the fuel_ used.
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8. The City 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 taxes plus overhead
(calculated annually).
9. The City will make timely payments to the County for materials and services
received.
10. The City shall not be responsible for the maintenance or upkeep of the fueling
facilities. The City shall not incur environmental or other liability resulting from its authorized
use.
11. 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 attorneys' 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.
12. While this Agreement is in effect, each party shall secure and maintain statutory
workers'. compensation insurance, and such public liability insurance as is reasonably necessary to
protect against claims, losses or judgments that might be occasioned by the negligent acts or
omissions of the party, its employees or agents. The minimum amount of such coverage shall be
one million dollars ($1,000,000). Each party shall retain the option of discharging this obligation
by means of funded self-insurance.
13. Payment for materials and services and inspections and acceptance of materials and
services ordered by the County Equipment Services Department shall be the exclusive obligation
of the County Equipment Services Department.
14. Formal notices, demands and communications between the County and the City
shall be deemed sufficiently given if hand delivered or dispatched by registered or certified mail,
postage prepaid, and addressed as follows:
County: Maricopa County
ATTN: John J. Cantu, Director
Equipment Services Department
3325 West Durango Street
Phoenix, Arizona 85009
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City: City of Buckeye
ATTN: Scott Lowe, Public Works Director
530 East Monroe Avenue
Buckeye, Arizona 85326
15. This agreement shall remain in effect until termination by either party. Either party
may terminate this agreement with or without cause by giving thirty (30) days written notice to the
other party. The City will not acquire any property which must be disposed of upon termination.
16. This agreement shall take effect after execution by both parties. Pursuant to A.R.S.
Section 41-2632, this agreement need not be filed with the County Recorder.
17. This agreement may be canceled pursuant to provisions of A.R.S. Section 38-511
which provisions are incorporated herein by this reference.
18_ Upon Termination of this agreement all Access Cards will be returned to Maricopa
County Department of Transportation.
19. Upon Termination of this agreement all Fuel Keys issued by the County to the City
will be returned to Equipment Services.
20. The City is obligated only to pay its obligations set forth in this Agreement as may
lawfully be made from funds appropriated and budgeted for that purpose during the City's then
current fiscal year. The City's obligations under this Agreement are current expenses subject to
the "budget law" and the unfettered legislative decision of the City concerning budgeted purposes
and appropriation of funds. Should the City elect not to appropriate and budget funds to pay its
Agreement obligations, this Agreement shall be deemed terminated at the end of the then current
fiscal year terra for which such funds were appropriated and budgeted for such purpose and the
City shall be relieved of any subsequent obligation under this Agreement. The parties agree that
the City has no obligation or duty of good faith to budget or appropriate the payment of the City's
obligations set forth in the Agreement in any budget in any fiscal year other than the fiscal year in
which the Agreement is executed and delivered The City shall be the sole judge and authority in
determining the availability of funds for its obligations under this Agreement. The City shall keep
the County informed as to the availability of funds for this Agreement The obligation of the City
to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the
City. The County hereby waives any and all rights to bring any claim against the City from or
relating in any way to City's termination of this Agreement.
21. This Agreement shall be governed and interpreted according to the laws of the State
of Arizona without regard to its conflict of interest provisions. In the event of any litigation or
arbitration arising out of this Agreement, the prevailing party in such litigation or arbitration shall
be entitled to recover its reasonable attorneys' fees, expert witness fees and other costs of
litigation.
22. This Agreement constitutes the complete agreement between the parties and
supersedes all prior negotiations, representations and understandings as to the matters contained
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herein. •The terms and conditions of this Agreement shall not be modified or waived except as
agreed to in writing by the party against whom such modification or waiver is to be enforced.
[Signatures are on following pages]
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IN WITNESS WHEREOF, the parties to this agreement have caused their names to be
affixed hereto by their proper officers on the dates indicated.
"City" "County"
CITY OF BUCKEYE, an Arizona MARICOPA COUNTY an
municipal corporation
Denny Bawey, wirm an Board of Supervisors
/7, 2ottt
Date L'4IQ 3) -ID/4-1 Date
ATTEST: ATTEST:
Fran McCanoll, Clerk of the Board
CERTIFICATION BY LEGAL COUNSEL
In accordance with the requirements of ARIZ. REV. STAT. § 11-952(D), the undersigned City
Attorneys acknowledge that (i) they have reviewed the above agreement on behalf of their
respective clients and (ii) 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.
°-
Scott W. Ruby, City Attorney Michelle Wood, Deputy County Attorney
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