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HomeMy WebLinkAboutResolution 96-108 IGA for public transit servicesMARANA RESOLUTION NO. 96-108 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY PROVIDING FOR PUBLIC TRANSIT SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND WITHIN THE TOWN OF MARANA. WHEREAS, the Town of Marana is authorized to provide for the public health, safety and welfare of the people and property within its jurisdiction; and WHEREAS, the Town Council bas determined that it is in the best interests of the Town that it enter into an agreement with Pima County providing for public transportation within the boundaries of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, that the Town is authorized to enter into an Intergovernmental Agreement with Pima County providing that Pima County shall provide certain public transportation within the Town's boundaries, and providing for cost sharing of these services. BE IT FURTHER RESOLVED, that the Town Council hereby approves the form of the Intergovernmental Agreement between the Town of Marana and Pima County, and the Mayor is hereby authorized and directed to execute said agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 1996. ~: :~''7'~: ~''~ Mayor ED HONEA Marana, Arizona Resolution No. 96-108 Page 1 of I F. ANN RODRIGUEZ. RECORDER RECORDED BY: KLK' · , P0~30 F'IN~ CO CL~RK OF THE DOCKET: PAGE: NO. OF PAGES: SEQUENCE: RES TUCSON AZ 85701 F'ICKUF' AMOUNT PAID RESOLUTION NO. 1997'~8 RESOLUTION OF PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHOKIZ[NG THE EXECUTION OF TI-[E AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA %VHICH AGREEMENT PROVIDES FOR THE PROVISION OF MASS TRANSIT SERVICE TO PINTA COUNTY RES[DENTS. (DISTtUCT ~) WHEREAS, it is deemed to be in the public interest to establish an Intergovernmental Agreement pursuant to A.R.S. § 11-951 et. sec., with the Town of Marana for the purpose of funding, and defining respomibilit[es of the parties for the providing of mass transit services within the Town of Marana, Pima County, Arizona, and WHEREAS, Pima Coun~ cun'ently provides mass eansit services within the corporate limits of the Town of Marana, and WHEREAS, the To,va of Marana benefits fi.om these services and will provide f~nding for these mass transit services that are witl~ the corporat~ limits of the Town of Maraca. NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT · RESOLVED: THAT, Pima County enter into an Intergovernmental Agreement with the Town of Marana for the p~pose of fimding, and defm~g ~e respo~ibilitbs of ~e p~ies for ~e provid~g olmos ~sit se~ices wi~ ~e To~ ofM~ P~a Count, ~ona; THAT, the Chairman ofthls Board is hereby authorized and directed to sign the Intergovernmental Agreement with the Town of Marana. PASSED, ADOPTED AND APPROVED this ~'S-1~day of NaT'I997 I n I, q-/ 99qq 1049? 2293 10 97034573 03/0?/97 16:0~:00 $ 5.50 RESOLUTION NO. 1997 ~?8 RESOLUTION OF PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA WHICH AGREEMENT PROVIDES FOR THE PROVISION OF MASS TRANSIT SERVICE TO PIMA COUNTY RESIDENTS. (DISTRICT WHEREAS, it is deemed to be in the public interest to establish an Intergovernmental Agreement pursuant to A.R.S. ~ I 1-951 et. sec., with the Town of Marana for the purpose of funding, and defining responsibilities of the parties for the providing of mass transit services within the Town of Marana, Pima County, Arizona, and WHEREAS, Pima County currently provides mass transit services within the corporate limits of the Town of Marana, and WHEREAS, the Town of Marana benefits from these services and will provide funding for these mass transit services that are within the corporate limits of the Town of Marana, NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED, BE IT RESOLVED: THAT, Pima County enter into an Intergovernmental Agreement with the Town of Marana for the purpose of funding, and defining the responsibilities of the parties for the providing of mass transit services within the Town of Marana, Pima County, Arizona; THAT, the Chain'nan of this Board is hereby authorized and directed to sign the Intergovernmental Agreement with the Town of Marana. PASSED, ADOPTED AND APPROVED this/,~-h day offer 1997 ATTEST: APPROVED AS TO FOP.M: t~Cl~rk BOard ~I~Sup~rvisorsTM Deputy County Attorney INTERGO%q~P/qMENTA3~ AGREE~ BET~EEN PI~ CO%~NTY ~ THE TO~ FOR SHARING OF COSTS INVOLVE[ PROVISION OF PUBLIC TRANSIT TO CERTAIN i~.REAS OF PIMA COUNTY AND Tf ~ONTRA,CT ~ND~[NT NO. _ T~ ~mbg~ must appear on all tn~ic~r respond e ncc, and ~ ~rtaining to this THIS INTERGOVERITMENTAL AGBEF/4ENT, entered into pursuant to A.R.S. § 11-951, by and between: THE TOWN OF M ARANA, a municipal corporation (hereinafter referred to as the TOWN); and PI~ CO~TY, a body politic and corporate, a political subdivision of the State of Arizona (hereinafter referred to as the COUNTY); WITNESSETH: WHEREAS, the COUNTY currently provides funding for public transit services, portions of which operate within the Town of Marana; and WHEREAS, the TOWN has determined that it is in the best interest of the residents of the Town of Marana, who benefit from the services, to provide funding for those portions of the public transit services that operate within the corporate limits of the TOWN; NOW, THEREFORE, the TOWN and COUNTY pursuant to the provisions of A.R.S. ~ 11-951, et. se~., in consideration of the covenants contained herein do mutually agree to enter into the following Intergovernmental Agreement: I. PURPOSE The COUNTY, through its intergovernmental agreements with the City of Tucson and Arizona Department of Transportation, and through its contract with a private transportation provider, undertakes, during the period of this Agreement, to provide public transportation services as specified in Attachment 1, attached hereto and incorporated by reference and made a part of this Agreement. Page 1 II. A. Bo ili. A. PUBLIC TRANSIT SERVICE The TOWN agrees to pay its share of costs to provide public transit services, based on the total costs incurred by the COUNTY to provide the public transit services as set forth in Attachment 2, attached hereto and incorporated by reference and made a part of this Agreement. These costs shall not exceed those annual amounts set forth in Attachment 2. The TOWN and COUNTY agree on the services to be provided by the COUNTY, and on the route or routes, schedules and mileage affecting this Agreement, and the corresponding portion of said routes(s) contained within the TOWN, as set forth in Attachment 1. The routes, mileage, amounts, totals, and any other provisions of Attachment 1 or 2 may be amended by the parties at any time, through mutual approval in writing by the County Administrator and the Town Manager, following forty-five (45) days written notice of the desired amendment. Upon such approval, an amended Attachment shall be recorded with the office of the Pima County Recorder. The COUNTY shall provide the TOWN with quarterly performance reports for each of the routes contained Attachment 1. The reports shall contain, at a minimum, information regarding ridership, fare revenues, and costs during the three (3) month reporting period. The COUNTY shall present quarterly invoices of all costs incurred by the COUNTY to provide public transit to the TOWN pursuant to Attachment 2. Said invoices shall be compiled for three (3) month intervals and payments shall be due and payable thirty (30) days after presentation to the TOWN. The invoices presented to the TOWN, shall be for subsidy cost to provide public transit service in the TOWN, which represents actual expenses incurred, less actual fare revenues and other credits, not to exceed those total annual amounts set forth in Attachment 2. DURATION AND TERMINATION Subject to approval of the Marana Town Council and Pima County Board of Supervisors, the term of this Agreement shall be from July 1, 1996 to June 30, 1997, unless terminated sooner. This Agreement shall be effective immediately after recording a fully executed copy with the Office of the Pima County Recorder. Page 2 This Agreement may be terminated in whole or in part at any time by either party upon forty-five (45) days written notice to the other party. The TOWN shall pay the COUNTY for all transportation service provided prior to the effective date of termination. IV. LIMITATION OF LIABILITY The COUNTY shall indemnify, defend and save harmless the TOWN, its Mayor and Council, appointed boards and commissions, officials, officers and employees, individually and collectively, from all losses, claims, suits, demands, expenses, subrogation, attorney's fees, or actions of any kind and nature arising or alleged to have arisen out of the provision by the COUNTY of transportation services under this Agreement. V. MISCELLANEOUS PROVISIONS ao Each party represents that it has, within its respective budget, sufficient funds to discharge the obligation and duties assumed under this Agreement. Should either party fail to obtain continued funding during the term of this Agreement through a failure of appropriation or approval of funds, then in that event this Agreement shall be deemed to terminate by operation of law. In such event, termination shall be effective on the last day of the year for which funds have appropriated or approved. Bo Ail notices hereunder with respect to this agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed to the following: If to the TOWN: Hurvie Davis, Manager Town of Marana 13251 North Lon Adams Road Marana, Arizona 85653 If to the COUNTY: Clerk, Pima County Board of Supervisors 130 West Congress Tucson, Arizona 85701 with copies to: Antonio C. Paez, Director Pima County Department of Transportation 201 North Stone Avenue, 3rd Floor Tucson, Arizona 85701 or to such other addresses as either party shall designate in writing. Page 3 Co The omission of the performance or failure to render any services required by this agreement because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot, act of government or governmental instrument or instrumentality (whether federal or state), or failure of equipment or facilities not due to inadequate maintenance shall not constitute a breach of this agreement or failure of performance by the COUNTY or TOWN; provided, however, that the TOWN shall not be obligated to make any payment to the COUNTY with respect to any services not actually rendered by the COUNTY to the TOWN pursuant to the terms of this agreement due to any cause contemplated in this paragraph. This agreement may be modified only by concurring action of the Town of Marana Mayor and Council and the Pima County Board of Supervisors. Said amendments shall take effect when recorded'with the Town Clerk and Pima County Recorder. If any term or provision of this agreement shall to any extent be held invalid or unenforceable, the remaining terms of this agreement shall not be effected thereby, but each term of this agreement shall be valid and be enforceable to the fullest extent permitted by law. This agreement and all obligations upon the TOWN or the COUNTY. arising therefrom shall be subject to all the budget laws and other state and local laws and regulations. The parties hereby agree that this written agreement is intended by the TOWN and the COUNTY as, and constitutes, the complete and exclusive statement of the terms of this agreement. The TOWN and the COUNTY shall keep fully informed of all existing and future federal, state, and local laws, ordinances and regulations which may in any manner affect the fulfillment of this agreement, and comply with same. Each and every provision of law and any clauses required by law to be in the agreement shall be read and enforced as through it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the agreement shall forthwith be physically amended to make such insertion or correction. Neither the Town or the County, by this agreement, acquires right, title or interest in the other's transportation services. Page 4 VI. APPLICABLE REGULATIONS The COUNTY shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. VII. CONFLICT OF INTEREST This contract is subject to the provisions of A.R.S. 38-511 which provides in pertinent part: The State, its political subdivisions or any department of either may, within three years after it execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the Departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contra'ct with respect to the subject matter of the contract. Page 5 IN WITNESS WHEREOF, the TOWN has entered into this Agreement on this day of ~¢e~A~- ,1996. Agreement TOWN OF MARANA a municipal corporation BY Mayor the COUNTY has entered into this on this fourth day of March ,-1997. PIMA COUNTY, a body politic and corporate, a political subdivision of the State of Arizona ATTEST: '-~Jlerk'of the ~6grd DEPARTMENT OF TRANSPORTATION BROOKS A. KEENAN, P.E. ACTING DIRECTOR Page 6 APPROVAL OF THE TOWN/COUNTY ATTORNEYS I hereby certify that I have reviewed the Intergovernmental Agreement between the TOWN OF MARANA and PIMA COUNTY and declare the Agreement to be in proper form and within the powers and authority granted under the laws of the State of Arizona. DATED this ~ day of ~ , 1996 TOWN OF MARANA _._..-----'-Trown A{torney DATED this day of , 1996 PIMA COUNTY Deputy' County Attorney Page 7 ATTACI-IMENT 1 The routes and mileages for the cost sharing agreement between Pima County and the Town of Marana for Fiscal Year 1996-97 (July 1, 1996 through June 30, 1997) shall be as follows: Sun Tran Service Route 16 - Ina Road Service, Pima County IGA with City of Tucson (Based on 255 weekdays and 51 Saturdays of setx6ce; 27 trips per weekday and 13.5 trips per Saturday; and 8.3 miles per round trip from Oracle Road to Thornydale Road - total route) Total Route Miles: 62,860.1 Route 16 - Ina Road Service, Town of Marana (Based on 255 weekdays and 51 Saturdays of service; 27 trips per weekday and 13.5 trips per Saturday;, and 1.4 miles per round trip within the Town Limits only) Marana Route Miles: Percent of Total: 10,602.9 16.87% Pima Coun _ty Rural Transit Service Marana Service Area Route, Pima County IGA with Arizona Dept. of Transportation (Based on 255 service days, 4 trips per day, and 82 miles per round trip fi'om Avra Valley to Thomydale Road at Orange Grove Road - total route) Total Route Miles: 83,640 Marana Service Area Route, Town of Marana (Based on 255 service days, 4 trips per day, and 32 miles per round trip within the Town Limits only) Marana Route Miles: 32,640 Percent of Total: 39.02% ATTACHMENT 2 Amounts to be paid by the Town of Marana to Pima County for public transit services provided in FY 1996-97 (July 1, 1996 through June 30, 1997), within the Town limits shall be calculated as follows: Sun Tran Service Route 16 - Ina Road Service, Pima County Subsidy Total Miles Mileage Cost ($2.88 x Miles) Depreciation Cost (20% x 0.2168 x Miles) Total Costs Fare Revenue (0.6359 x Miles) Federal Grant Credit (0.0475 x Miles) Total Revenues Subsidy Cost (Total Costs minus Total Revenues) Route 16 - Ina Road Service, Town of Marana Share 16.87% of Subsidy Cost 62,860.10 $161,037.09 $183,762.70 $39,972.74 $2.985.85 $42,958.59 $140,804.11 $23,753.65 Pima County Rural Transit Service Marana Service Area Route, Pima County Subsidy Total Route Cost Required Fare Recovery (per County IGA with ADOT) Actual Fare Recovery Fare Differential (Required minus Actual) Net Cost (Total Cost minus Required Fare Recovery) Federal Share (Section 18 funds) Local Share Total Local Share (Fare Differential plus Local Share) $94,601.00 $19,859,00 $8.080,00 $11,779.00 $74,742.00 $37,520.00 $37,222.00 $49,001.00 Marana Service Area Route, Town of Marana Share 39.02% of Total Local Share TOWN OF MARANA TOTAL FOR FY' 1996-97 $19,120.19 $42,873.84