IGA CITY OF PHOENIX - PLATINUM PASS (10-01-2020 TO 09-30-2023).PDF
Extracted text (via pymupdf)
26996 characters
AGREEMENT NO. __________
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF PHOENIX
AND
MARICOPA COUNTY
(Platinum Pass Agreement)
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered
into this 1st day of October, 2020 (“Effective Date”), 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 Board of Supervisors (hereinafter referred to as
“COUNTY”). PHOENIX and COUNTY are sometimes referred to collectively as “Parties” and
individually as a “Party.”
RECITALS
A. The City Manager of PHOENIX is authorized and empowered by provisions of the
City Charter to execute contracts.
B. PHOENIX has Charter authority to provide transit services and Charter/statutory
authority to enter into agreements with other entities within the Phoenix Urban Area to provide
transit services. See A.R.S. § 11-951, et seq.; Phoenix City Charter Chapter 2, Section 2,
Subsections (c)(i) and (l).
C. As a part of its transit system operations, PHOENIX has a fare structure that
includes: a transit pass program for the issuance of fare media (i.e., transit passes) for use on
more than one trip; and an employer participation program (“Platinum Pass Program”) that
allows employers to provide transit passes to their employees on such terms as the employer
deems appropriate.
D. PHOENIX provides its Platinum Pass Program to employers who may, but are not
required to, subsidize all or part of their employees’ monthly program charges.
E. The Platinum Pass Program offers electronic fare collection and billing services to
participating employers where employers are only invoiced for the actual number of boardings
reported for each monthly billing period.
F. The maximum monthly payment for each cardholder will not exceed the 31-day fare
set by PHOENIX for express and local service.
G. 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.
2
H. 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 county limits by requiring major employers and schools to develop, implement, and
maintain a Trip Reduction Program that includes emission reduction measures.
I. 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.
J. COUNTY has chosen to participate in PHOENIX’s Platinum Pass Program in
accordance with the terms and conditions set forth herein.
K. COUNTY has the legal authority to participate in the Platinum Pass Program.
AGREEMENT
IT IS HEREBY AGREED, by and between the Parties, as follows:
SECTION 1. Purpose.
PHOENIX has developed the Platinum Pass Program for use of SmartCards as a method of
fare payment. The Platinum Pass Program is generally described in the attached “Exhibit A,”
which is incorporated by reference into this Agreement. COUNTY desires to participate in the
Platinum Pass Program, and toward that end the Parties mutually agree to the terms set forth
in this Agreement.
SECTION 2. Term of Agreement.
The term of this Agreement shall be for a period of three years from the Effective Date of this
Agreement (until September 30, 2023), with COUNTY having the option to renew for another
three-year period (until September 30, 2026). COUNTY must exercise this option by delivering
Notice to the City as provided below, on or before June 30, 2023, expressing that COUNTY is
affirmatively exercising this option, or else COUNTY waives the option. The Parties will
execute a formal amendment to this Agreement to memorialize such exercise of the option by
COUNTY.
SECTION 3. Issuance of Platinum Passes.
A.
PHOENIX shall provide Platinum Pass Program SmartCards to COUNTY, and COUNTY
shall pay the issuance charge existing at that time for each SmartCard (the current
charge per SmartCard issuance is $1.50). Requests for additional SmartCards shall be in
the manner and form prescribed by PHOENIX. Defective SmartCards 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 Pass Program SmartCards shall be valid for a period of three years from
the Effective Date of this Agreement. If COUNTY exercises its option to renew this
Agreement, new Platinum Pass Program SmartCards will be issued and shall be valid for
a period of three years.
3
SECTION 4. Management of Platinum Passes.
A.
PHOENIX shall provide Platinum Pass Program SmartCards to COUNTY for use during
this Agreement’s term. These Smartcards 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. The Smartcards are non-
transferable and only authorized for use by the individuals to whom they are provided by
COUNTY. PHOENIX will deliver the SmartCards to:
Human Resources Department (Trip Reduction Program)
301 W. Jefferson, Suite 220
Phoenix, AZ 85003
Phone: (602) 506-3519
Fax: (602) 372-8722
B.
COUNTY will request the return of Platinum Pass Program SmartCards from its
employees upon their: termination of employment; or withdrawal from the Platinum Pass
Program.
C.
If COUNTY desires deactivation of a Platinum Pass Program SmartCard for any reason,
then COUNTY shall promptly notify the “Transit Revenue Section” of PHOENIX’s
Public Transit Department. COUNTY shall be responsible for all costs incurred on a
SmartCard until 48 hours (not including hours on weekends and city-recognized
holidays) after COUNTY notifies the Transit Revenue Section of its card deactivation
request. For any notice transmitted to the Transit Revenue Section on the last day of the
work week after 5:00 P.M., over a weekend, or during a city-recognized holiday, the 48-
hour period shall commence on the first workday following the weekend or holiday.
PHOENIX will waive any charges for usage of the SmartCard after this 48-hour period.
(1) Requests for deactivation shall be communicated to the Transit Revenue Section at the
following FAX number or email address:
FAX: (602) 732-2759
Email: transitrevenue@phoenix.gov
(2) At a minimum, the deactivation request shall include:
(a) COUNTY’s account number;
(b) SmartCard serial 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.
D.
COUNTY has sole responsibility for its marketing of the Platinum Pass Program, at its
own cost and expense. Within the scope of such marketing, COUNTY shall include an
education/training component, introducing users to the Platinum Pass Program and the
use of SmartCards. Materials to support marketing the Platinum Pass Program are
available from the Regional Public Transportation Authority (Valley Metro).
E.
Program participation costs and the current cost of passes are set forth in Exhibit A and
the attached “Exhibit B,” which is incorporated by reference into this Agreement. The
4
Parties acknowledge that the fare structure for the bus system is set by PHOENIX and
this fare structure may change the costs of cash fare and monthly pass rates during the
term of this Agreement. COUNTY shall pay the current costs as they exist at the time of
each SmartCard use.
SECTION 5. Billing for Services Provided.
A.
If COUNTY requests individual SmartCard deactivations, PHOENIX will provide final
billings for those SmartCards, at no charge to the COUNTY, within four business days
of receiving that request pursuant to Section 6(J), and PHOENIX will deactivate those
SmartCards in accordance with Section 4(C). If COUNTY notifies PHOENIX that a
requested SmartCard deactivation is for a cardholder whose employment was
involuntarily terminated, then PHOENIX will use its best reasonable efforts to expedite the
final billing to facilitate COUNTY’s compliance with statutory obligations to timely pay
compensation owed to the terminated employee/cardholder. If COUNTY receives a final
billing more than four business days after PHOENIX receives a SmartCard deactivation
request, then PHOENIX will waive, in that final billing, any SmartCard charges owed to
COUNTY by the deactivated cardholder, that COUNTY is unable to collect from the
cardholder, as evidenced in a separate notice to PHOENIX.
B.
PHOENIX shall invoice COUNTY monthly, summarizing line item entry totals of fare type
and fares billed for each cardholder by Platinum Pass Program SmartCard serial 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 COUNTY receives a monthly billing after the 14th
day of the following month, then PHOENIX will waive, in that monthly billing, any charges
owed to COUNTY by any deactivated cardholder that COUNTY is unable to collect from
the cardholder, as evidenced in a separate notice to PHOENIX, unless COUNTY has
previously received a final billing from PHOENIX for that SmartCard deactivation.
C.
COUNTY shall pay PHOENIX within 30 calendar days of receipt of the invoice and
electronic billing file. COUNTY will pay any interest charged for late payment in
accordance with state law. PHOENIX will bill COUNTY monthly in arrears for participating
in the Platinum Pass Program. Invoices will be mailed to:
Human Resources Department, Payroll Division
301 W. Jefferson, Suite 220
Phoenix, AZ 85003
Phone: (602) 506-3519
Fax: (602) 372-8722
D.
Billing information shall be provided in an electronic billing format suitable for COUNTY to
upload to its payroll system. The electronic file requirements are specified in the attached
“Exhibit C,” which is incorporated by reference into this Agreement
E.
For an extra fee of $25 per month, PHOENIX each month will provide electronically to
COUNTY the detailed transactions by Platinum Pass Program SmartCard serial number.
5
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; and execution by their
duly authorized officials. This Agreement shall remain in effect unless terminated or
canceled as otherwise provided in the Agreement.
B.
Entire Agreement; Modification (No Oral Modification). This Agreement and its attached
exhibits constitute the full and complete understanding and agreement of the Parties. The
Agreement 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, 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 under this Agreement, then the
Agreement may be terminated at the end of the period for which such funds are
available. 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 90 calendar days’ prior written
notice to the other Party.
E.
Termination.
(1) Except for termination in the event of non-payment, either Party may, at its option
with sole and unfettered discretion, terminate its obligations under this Agreement,
with or without cause, on no less than 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 with sole and unfettered discretion, terminate
its obligations under this Agreement. 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 10 business days of receipt of the notice. In the event
payment is not received within that 10-business-day period, the Party to receive
payment may terminate this Agreement upon 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 under this
6
Agreement and its intention with regard to those obligations. 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 or their agents during the term of this Agreement.
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 by the Agreement. This Agreement shall
inure only to the benefit of each of the Parties and 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 A.R.S. § 23-211 through § 23-214 to
them, and each of the Parties shall comply with IRCA, A.R.S. § 23-211 through § 23-214,
and 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 or email, deposited in the United States mail (postage prepaid, registered or
certified mail, and return receipt requested), or deposited with any commercial air courier
or express service addressed as follows:
If intended for CITY:
Enrique J. Rivera, Contracts Specialist II Lead
City of Phoenix Public Transit Department
302 North 1st Avenue; Suite 900
Phoenix, Arizona 85003
Telephone No.: (602) 262-6948
FAX No.: (602) 732-2759
Email: enrique.rivera@phoenix.gov
7
If intended for COUNTY:
Human Resources Department (Trip Reduction Program)
301 W. Jefferson, Suite 220
Phoenix, Arizona 85003
Phone: (602) 506-3519
FAX No.: (602) 372-8722
Email: Darrien.Ellison@maricopa.gov
Notice shall be deemed received: (1) at the time it is personally served; (2) on the day it is
sent by facsimile transmission or email; (3) on the 2nd business day after its deposit with
any commercial air courier or express service; or (4) on the 10th calendar day after its
deposit in the United States mail (postage prepaid, registered or certified mail, and return
receipt requested). 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,
email address, or the person to receive Notice by providing the other Party with a Notice
of that change.
Notice sent by facsimile transmission or email 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 original Notice sent by facsimile transmission or email.
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 of the Agreement. This Agreement shall thereafter be construed as though the
invalid or unenforceable term or provision were not contained in the Agreement.
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 any requirements, terms, or provisions of this
Agreement.
SECTION 7. Exhibits and Incorporation by Reference.
The following exhibits are attached and incorporated by reference into this Agreement:
Exhibit A – General Description of the Platinum Pass Program
Exhibit B – Cash Fare and Monthly Pass Rates
Exhibit C – Electronic File Requirements
8
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_________________________________
Jesus Sapien
ATTEST:
Public Transit Director
___________________________
City Clerk – PHOENIX
APPROVED AS TO FORM:
___________________________
Acting City Attorney
APPROVED BY PHOENIX CITY COUNCIL BY FORMAL ACTION ON ____________________, 2020.
.
COUNTY OF MARICOPA, State of Arizona
Recommended by:
By____________________________
Joy Rich DATE
County Manager
Approved and Accepted:
By____________________________
Clint Hickman DATE
Chairman, Board of Supervisors
ATTEST:
By____________________________
Fran McCarroll DATE
Clerk of the Board
APPROVED BY MARICOPA COUNTY’S GOVERNING BODY BY FORMAL ACTION ON:
____________________, 2020.
9
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of A.R.S. § 11-952(D), 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
10
EXHIBIT A
Platinum Pass Program1
1.
The Platinum Pass Program. Employers must have a minimum of five current active transit
riders in order to participate. Once an employer is approved for participation, it must purchase
a minimum of 20 Platinum Pass Program SmartCards. These will include the employer’s
company name and Platinum Pass Program SmartCard 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
SmartCard over the orange target on the farebox, ticket vending machine, or stand alone
validator. The fare is recorded and the SmartCard is automatically charged. SmartCard
values range up to $64/month per SmartCard on local routes and light rail boardings and
$104/month per SmartCard 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 Charges: Employer is only charged for the actual number of boardings.
•
Cost of Cards: The cost of each SmartCard, both initially provided and replacements, shall
be at its then prevailing cost (currently $1.50/SmartCard).
•
Full Fare Pay-Per-Ride Charges: Charges are capped at $64/month per SmartCard for
local routes and light rail boardings and $104/month per SmartCard for Express/Rapid
routes.
•
Reduced Fare Pay-per Ride Charges: Charges are capped at $32/month per SmartCard
for local routes and light rail boardings only.
•
Effective Dates: SmartCards are effective for approximately three years from the issue
date and can be deactivated if lost or stolen.
•
Extra Cards: SmartCards can be ordered and are activated upon issuance.
•
One-Stop Accounting: Employer receives one monthly invoice for total charges on all
cards being used.
•
Billing Summary: 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
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, then the terms contained in the body of the Agreement shall
prevail.
11
EXHIBIT B
Cash Fare and Monthly Pass Rates
The cash fare and monthly pass rates set forth in this Exhibit are subject to change. It is
mutually understood that PHOENIX sets the cash fare and monthly pass rates, and makes all
changes to them. PHOENIX has the right to change the fare and pass rate from time to time,
but PHOENIX shall give COUNTY notice of any fare adjustment, and County retains the right
to cancel this Agreement prior to the effective date of a 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 60 days’ notice required by this Agreement’s Section 6(E)(1) shall not apply.
A.
COUNTY shall pay no more than the cost of a monthly pass for each SmartCard holder.
The cost of monthly passes are currently as follows:
(1) Local Pass -
$64 per month
Local routes and light rail boardings
(2) Express Pass -
$104 per month
Express/Rapid routes or a combination
of local routes, light rail service, and
Express/Rapid routes
(3) Reduced Fare Pass - $32 per month
Local and light rail service only. If used
on other than local or light rail service,
the rates in Exhibit B, Section A(2)
shall apply
B.
If the total amount of transactions for each SmartCard holder is less than the cost of a
monthly pass, COUNTY shall be billed for only those transactions. The 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 and light rail service only. If used
on other than local or light rail service,
the rates in Exhibit B, Section B(2)
shall apply.
12
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, or 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 Length
Field
Type
Constant
Value
Format
Record A
First Record of file
Record Type
1
Character
A
Billing Start Date
10
Date
mm/dd/yyyy
Billing End 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
Card Type
3
Character
EXP or RED
(reduced 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
Record D - Card Detail Record
Multiple "D" records for
each Bus Card 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
Route 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