HomeMy WebLinkAboutResolution 98-119 IGA with pima county for public transit servicesRESOLUTION NO. 98-119
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, AUTHORIZING THE TOWN OF MARANA TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINIA COUNTY
FOR PUBLIC TRANSIT SERVICES FOR FISCAL YEAR 1998q999.
WHEREAS, pursuant to A.R.S. § 11-952, municipalities are empowered to enter into
intergovernmental agreements for the joint exercise of government powers; and
WHEREAS, Pima County and the Town of Marana desire to engage in public transit
services for fiscal year 1998-1999, which covers the Pima County Rural Public Transit
Service within the Town of Marana and a portion of Sun Tran Route 16. For the first
time ParaTransit services are included within an area formerly within Pima County which
was annexed by the Town of Marana, as authorized by the Pima County Board of
Supervisors; and
WHEREAS, the Intergovernmental Agreement with Pima County would greatly benefit
the citizens of the Town of Marana and would be in the Town's best interest.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, 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 the cost sharing of these
services.
BE IT FURTHER RESOLVED, that the Town Council hereby approves the form of the
Intergovernmental Agreement between the Toxvn of Marana and Pima County, 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 17th day of November, 1998.
D-aniel J. Hochu'T~
Town Attorney
1 o fl
INTERGOVERNMENTAL AGREEMENT
BETWEEN PIMA COUNTY AND THE TOWN OF MARANA
FOR SHARING OF COSTS INVOLVED IN THE
PROVISION OF PUBLIC TRANSIT SERVICES
TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA
THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to A.R.S.
§11-951, by and between:
THE TOWN OF MARANA, a municipal corporation (hereinafter referred
to as the TOWN);
AND
PIMA COUNTY, 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 which include paratransit service for persons with
disabilities, 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. seq., 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 contracts with private transportation providers,
undertakes, during the period of this Agreement, to provide
public transportation services as specified in Attachment 1,
and paratransit service within the area shown on Exhibit A
described as Orange Grove/Camino de la Tierra II, Town
Ordinance 97.13. Said Attachment 1 and Exhibit A are attached
hereto and incorporated by reference and made a part of this
Agreement.
Page 1
II. PUBLIC TRANSIT SERVICE
A. 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.
B. The TOWN agrees to pay for the delivery of paratransit service
to those town residents who are ADA eligible, are designated
by the TOWN, and reside within the Orange Grove/Camino de la
Tierra II area shown in Exhibit A. Charges shall be $18.32
per trip (one way). Service shall be provided by the COUNTY's
paratransit contractor, Handi-Car, Inc., in accordance with
the terms and conditions of the contract between Pima County
and Handi-Car, Inc.
C. 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.
D. The routes, mileage, amounts, totals, and any other provisions
of Attachments 1 or 2 or Paragraph B of this Section 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.
E. The COUNTY shall provide the TOWN with quarterly performance
reports for each of the routes contained Attachment 1 and for
paratransit service provided in accordance with Paragraph B of
this Section. The reports for services described in Attachment
1 shall contain, at a minimum, information regarding
ridership, fare revenues, and costs during the three (3) month
reporting period. The reports for paratransir-- service shall
list the number of trips (one way) per month for each
designated client.
F. The COUNTY shall present quarterly invoices of all costs and
charges incurred by the COUNTY to provide public transit
services to the TOWN pursuant to Paragraph B of this Section
and 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 the actual number of
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paratransit trips provided during the quarter, and for subsidy
cost to provide public transit service in the TOWN, which
represents actual expenses incurred, less actual fare revenues
and other credits.
III. DURATION AND TERMINATION
A. Subject to approval of the Marana Town Council and Pima County
Board of Supervisors, the term of this Agreement shall be from
July 1, 1998 to June 30, 1999, unless terminated sooner.
B. This Agreement shall be effective immediately after recording
a fully executed copy with the Office of the Pima County
Recorder.
C. 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 act4ons 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
A. 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.
B. Any notice required or permitted to be given under this
Agreement shall be in writing and shall be served by delivery
or by certified mail upon the other party as follows:
Page 3
If to the TOWN:
Mike Hein, 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:
Brooks A. Keenan, 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.
C 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.
D. 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.
E. 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.
F. 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.
G. 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
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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.
H. 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.
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
eit-her 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 contract with
respect to the subject matter of the contract.
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IN WITNESS WHEREOF, the TOWN has entered into this Agreement
on this 17 d a y o f '1998.
TOWN OF MARANA
a municipal corporation
BY
?1/cc- V-Ta-y r
IN WITNESS WHEREOF, the COUNTY has entered into this Agreement
on this
day of 11998.
PIMA COUNTY, a body politic and
corporate, a political
subdivision of the State of Arizona
ATTEST:
BY
Clerk of the Board
DEPARTMENT OF TRANSPORTATION
Brooks A. Keenan, Director
BY
Chairman, Board of Supervisors
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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 17 d a y o f (NJ 0 1998.
TOWN OF MARANA
By wn Attorney
wn Attorney
DATED this day of f 1998.
PIMA COUNTY
B y 00,?
Deputy County Attorne?T
Page 7
ATTACHMENT 1
The routes and mileages for the cost sharing agreement between Pima County and the Town
of Marana for Fiscal Year 1998-99 (July 1, 1998 through June 30, 1999) shall be as follows:
Sun Tran Service
Route 16 - Ina Road Service, Pima County IGA with City of Tucson:
Service includes 255 weekdays and 51 Saturdays of service; 26.5 trips per weekday
and 13.5 trips per Saturday; and 8.3 miles per round trip from Oracle Road to Thornydale
Road.
Total Route Miles:
61,801.8
Route 16 - Ina Road Service, portion within the Town of Marana:
Service includes 255 weekdays and 51 Saturdays of service; 26.5 trips per weekday
and 13.5 trips per Saturday; and 1.4 miles per round trip withing the Town Limits.
Marana Route Miles: 10,424.4
Percentage of Total: 16.87%
Pima County Rural Transit Service
Marana Service Area route - Pima County IGA with Arizona Dept. of Transporation:
Service includes 255 service days, 4 trips per day, and 82 miles per round trip
from Avra Valley to Thomydale Road at Orange Grove Road.
Total Route Miles:
83,640
Marana Service Area route, portion within the Town of Marana:
Service includes 255 service days, 4 trips per day, and 32 miles per round trip
within the Town Limits.
Marana Route Miles: 32,640
Percentage of Total: 39.02%
10/16/98 Marana IGA, FY 1998-99.123
ATTACHMENT 2
Amounts to be paid by the Town of Marana to Pima County for public transit services provided
in FY 1998-99 (July 1, 1998 through June 30, 1999), within the Town limits shall be calculated
as follows:
Sun Tran Service
Route 16 - Ina Road Service, Pima County Subsidy
Total Miles 61,801.80
Mileage Cost ($3.17 x Miles) $195,911.71
Depreciation Cost (20% x 0.2175 x Miles) $2,688.38
Total Costs $198,600.08
Fare Revenue (0.7024 x Miles) $43,409.58
Subsidy Cost (Total Costs minus Fare Revenue) $155,190.50
Route 16 - Ina Road Service, Town of Marana Share $26,176.71
16.87% of Subsidy Cost
Pima County Rural Transit Service
Marana Service Area Route, Pima County Subsidy
Total Route Cost $96,502.00
Required Fare Recovery (per County IGA with ADOT) $22
340.00
Estimated Fare Recovery ,
$8,000.00
Fare Differential (Required minus Actual) $14,340.00
Net Cost (Total Cost minus Required Fare Recovery) $74,162.00
Federal Share (Section 5311 funds) $37
081.00
Local Share ,
$37,081.00
Total Local Share (Fare Differential plus Local Share) $51,421.00
Marana Service Area Route, Town of Marana Share $20,064.47
39.02% of Total Local Share
TOWN OF MARANA TOTAL FOR FY 1998-99 $46,241.19
10/16/98 Marana IGA, FY 1998-99.123
ORANGE CROVE1 CAMINO DE LA TIERRA
ANNEXATION IN SECTION 5, T-13S., R.13E.,
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