HomeMy WebLinkAboutResolution 98-008 IGA with pima county for transit servicesMARANA RESOLUTION NO. 98-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA
AUTHORIZING THE TOWN OF MARANA TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH PIMA COUNTY FOR PUBLIC TRANSIT SERVICES FOR FISCAL
YEAR 1997-1998.
WHEREAS, pursuant to A.R.S. § 11-952, municipalities are empowered to enter into
imergovemmental agreements for the joint exercise of governmem powers; and
WHEREAS, Pima County and the Town of Marana desire to engage in public transit
services for fiscal year 1997-1998, which covers the Pima County Rural Public Transit Service
within the Town of Marana and a portion of San Tran Route 16, as authorized by the Pima County
Board of Supervisors on December 16, 1997; 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 that the Mayor is authorized to execute the Intergovernmental Agreement between the
Town of Marana and Pima County for public transit services for fiscal year 1997q998.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
3rd day of February, 1998.
ATTEST:
~Sand[~e~lose
Town Cir./
APPROVED A~S%TO
Daniel J. Hochuli
Town Attorney
FORM:
Marana, Arizona Resolution No. 98-08 Page 1 of 1
F. ANN RODRIGUEZ, ECORDER
RECORDED BY: CML
DEPUTY RECORDER
1951 ROCA
P1600
PIMA CO DEPT TRANSPORTATION
KARIN DEPIERRO WILL PICK UP
TUCSON AZ 85701
')CKET: 10756
AGE: 233
NO. OF PAGES: 11
SEQUENCE: 19980330084
0 03/19/98
RES 10:38
P I Ct-"UP
RESOLUTION NO. 1997 Z -1 ?3
AMOUNT PAID $ 0. 00
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 PUBLIC TRANSIT
SERVICE TO PIMA COUNTY RESIDENTS.
(DISTRICT 3)
WHEREAS, it is deemed to be in the public interest to establish an Intergovernmental
Agreement pursuant to A.R.S. § 11-951 et. seq., with the Town of Marana for the purpose of
funding, and defining responsibilities of the parties for the providing of public transit services within
the Town of Marana and other areas of Pima County, Arizona, and
WHEREAS, Pima County currently provides public 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 public 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 public
transit services within the Town of Marana and other areas of Pima County, Arizona;
THAT, the Chairman of this Board is hereby authorized and directed to sign the
Intergovernmental Agreement with the Town of Marana.
-3997
PASSED, ADOPTED AND APPROVED this16 day of 2e
PIMA COUN. TY BOAPR F SUPERVISORS
NA&
&airman III , - I
airman ow
ATTfST:
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10756
APPROVED AS TO FORM:
Deputy County Attorneyo
233,
CONTRACT
NO. 04 - rfj - i a 3.?M --
INTERGOVERNMENTAL AGREEMET
BETWEEN PIMA COUNTY AND THE TOWN
FOR SHARING OF COSTS INVOLVED
PROVISION OF PUBLIC TRANSIT S1
TO CERTAIN AREAS OF PIMA COUNTY AND THE
MENT NO.
-?U?Mer mtjst appear on all
is, correspondence, and
ants pertaining to this
SF 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, 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. sea., 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
10756 234
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. These costs
shall not exceed those annual amounts set forth in
Attachment 2.
B. 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.
C. 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.
D. 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.
E. 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.
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, 1997 to June 30, 1998, unless
terminated sooner.
B. This Agreement shall be effective immediately after
recording a fully executed copy with the Office of the Pima
County Recorder.
Page 2
10756 235
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 actions of any kind and nature arising or
alleged to have arisen out of the negligent provision of
transportation services by the COUNTY 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. All 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:
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.
10756 , 2 3ee 3
C. The omission of the performance or failure to rend(fr
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
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.
I. Neither the Town or the County, by this agreement,
acquires right, title or interest in the other's
transportation services.
Page 4
10756 ?237
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
contract with respect to the subject matter of the
contract.
Page 5
10756 '. 238
IN WITNESS WHEREOF, the TOWN has entered into this Agreement
lqqg
on this 13- day of
TOWN OF MARANA
a municipal corporation
ATTEST:
r)v
n Cler
zf,
IN WITNESS WHEREOF,
-,'Agreement
on this
BY_
Mayo
the COUNTY has entered into this
day of
ATTEST:
r
BY 'BY
Clerk o f Cha
V
DEPARTMENT 0 T RAN S POP,= I GK
Bi(?ffs-A%IK&bnan, Director
.1997
PIMA COUNTY, a body politic and
corporate, a political
subdivision of the State of Arizona
Page 6
10756 ', 239
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
qqX
day of
TOWN OF MARANA
BY
,-----'Town Attorney
DATED this
day of
1 1997
PIMA COUNTY
By _ 0'0?-- )?4
Deputy County Xttorney
Page
10756 240
ATTACHMENT 2
Amounts to be paid by the Town of Marana to Pima County for Public transit services provided
in FY 1997-98 (July 1, 1997 through June 30, 1998), within the Town limits shall be calculated
as follows:
Sun Tran Service
Route 16 - Ina Road Service, Pima County Subsidy
Total Miles 62,972.10
Mileage Cost ($3.07 x Miles) $193,324.35
Depreciation Cost (20% x 0.2162 x Miles) $2,722.91
Total Costs $196,047.26
Fare Revenue (0.7024 x Miles) $44,231.60
Subsidy Cost (Total Costs minus Fare Revenue) $151,815.66
Route 16 - Ina Road Service, Town of Marana Share
16.87% of Subsidy Cost $25,611.30
Pima Counly 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)
Marana Service Area Route, Town of Marana Share
39.02% of Total Local Share
TOWN OF MARANA TOTAL FOR FY 1997-98
$93,696.00
$21,456.00
$8,080.0
$13,376.00
$72,240.00
$36,120.00
$36,120.00
$49,496.00
$19,313.34
$44,924.64
10756 241
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SCALE IN MILES
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UNINCORP ORATED PIMA COUNTY PIMA COUNTY SPECIAL NEEDS SERVICE AREA
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NORTHWEST HOSPITAL
Pirna County IlIusiration SWion 11/% 10756 242
ATTACHMENT I
The routes and mileages for the cost sharing agreement between Pima County and the Town of
Marana for Fiscal Year 1997-98 (July 1, 1997 through June 30, 1998) shall be as follows:
Sun Tran Service
Route 16 - Ina Road Service, Pima County IGA with City of Tucson
(Based on 255 weekdays and 52 Saturdays of service; 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 Wes: 62,972.1
Route 16 - Ina Road Service, Town of Marana
(Based on 255 weekdays and 52 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 Wes: 10,621.8
Percent of Total: 16.87%
Pima County 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 from Avra Valley to
Thornydale Road at Orange Grove Road - total route)
Total Route Wes: 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 Nfiles: 32,640
Percent of Total: 39.02%
10756 243