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HomeMy WebLinkAboutResolution 2015-119 Regionalization of public transit and special needs transportation servicesMARANA RESOLUTION NO. 201-5-11.9 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR 1`0 EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AtTTHORITY OF PIMA COUNTY AND THE TOWN of MARANA FOR THE REGIONALIZATION OF PUBLIC TRANSIT AND SPECIAL NEEDS TRANSPORTATION SERVICES AND MAINTENANCE OF EFFORT (MOE) FUNDING FOR FISCAL YEARS 2016 -2020; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ANNUAL AMENDMENT TO THE IGA SETTING FORTH THE AMOUNT OF THE TOWN'S MOE CONTRIBUTION FOR EACH FISCAL YEAR WHEREAS the Regional Transportation Authority of Pima County (RTA) is authorized to act as a regional taxing authority for the purpose of funding multi - modal transportation opera- tions and improvements identified in the Regional Transportation Plan ( "the Plan "), approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006; and WHEREAS the provision of public transit and special needs services is one of the trans- portation project elements included in the Plan; and WHEREAS the Town and the RTA wish to cooperate in the provision of regional transit services including urban area service (Sun Tran) and mandated Americans with Disabilities Act complementary paratransit, circulator bus, rural transit, and special needs service within the Town; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY "I" HE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Regional Transporta- tion Authority of Pima County and the Town of Marana attached to and incorporated by this ref- erence in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. IT IS FURTHER. RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other tasks necessary to carry out the terms and objectives of the intergovernmental agreement, including execution of an annual amendment to the IGA setting forth the amount of the Town's MOE contribution for each fiscal year. 00043905. DOCX 11 Marana Resolution No. 2015-119 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE T'OWN OF MARANA, ARIZONA, this 17th da of November, 2015. '. Bronsoii, Town Clerk Ma Itd qonea APPROVED AS TO FORM: Cassid Town Attorne 00043905. DOCX /I Marana Resolution No. 2015-119 - 2 -- Intergovernmental Agreement between The Regional Transportation Authority of Pima County and The Town of Marana for the Regionalization of Public Transit and Special Needs Transportation Services and Maintenance of Effort Funding This Agreement (hereinafter "the Agreement ") is entered into by and between the Regional Transportation Authority of Pima County (" the RTA" ), a special taxing district formed pursuant to Title 48 Chapter 30 of the Arizona Revised Statutes (A.R.S.), and the Town of Marana, an Arizona municipal corporation (" the Town"), pursuant to A.R.S. §§ 11 -952. RECITALS A. A.R.S.§ 48 -5301, et seq., authorizes the RTA to act as a regional taxing authority for the purpose of funding multi -modal transportation operations and improvements identified in the Regional Transportation Plan ( "the Plan "), approved by the voters at the special election held in Pima County, Arizona, on May 16, 2006. B. The governing board of the RTA is composed of representatives of each member of the regional council of governments in accordance with A.R.S. § 48 -5303. C. Pursuant to A.R.S. § 48 -5304 (12), the governing board of the RTA has the authority to implement the elements of the Plan, including the authority to contract for, absorb, or acquire existing public transportation services it deerns necessary. D. Pursuant to A.R.S. § 48 -5304 (13), the governing board of the RTA shall coordinate the implementation of the Plan among the local jurisdictions. E. A Regional Transportation Fund was established by the Arizona Legislature per A.R.S. § 48 -5307 to be the repository for those funds collected for the purpose of funding the transportation projects identified in the Plane The RTA is authorized by A.R.S. § 48-5308 to distribute the regional transportation funds to the members of the RTA and to sell bonds in furtherance of that purpose to fund those projects or programs identified in the Plan. F. The provision of public transit and special needs services ( "the Project ") is one of the transportation project Elements included in the Plan. C. The Plan calls for the implementation of circulator bus service to serve the Marana area, which commenced on May 4, 2009. H. The RTA absorbed into its circulator bus service the Marana rural transit service formerly operated by Pima County in November, 2009. I. The Town has obtained a federal section 5316 Job Access Reverse Commute (JARC) grant under 49 United States Code Section 5316 to partially fund the operation of additional circulator bus service along the 1 -10 corridor between northern and southern Marana. J. The RTA currently contracts for circulator bus service that operates on public rights of way of the Town and Arizona Department of Transportation within the Town. K. The City of Tucson provides Sun Tran, Sun Express and Sun van services operating on public rights of way of the Town and Arizona Department of Transportation within the Town. L. It is in the best interest of the citizens of the region to provide a seamless transit system which operates with consistent policy and routing, irrespective of jurisdictional boundaries. M. The Town and the RTA wish to cooperate in the provision of regional Transit services including urban area service (Sun Tran) and mandated Americans with Disabilities Act complementary paratransit, circulator bus, rural transit, and special needs service within the Town. N. The Town intends to contribute annual Maintenance of Effort ("MOE") funding to the Project, pursuant to A.R.S. § 48 -5308 (F), under the terms and conditions contained in this Agreement, and has entered into this Agreement with the RTA for that purpose. Now, THEREFORE, the Town and the RTA, pursuant to the above and in consideration of the matters and things set forth herein, do mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the parties with regard to the provision of urban area service and mandated Americans with Disabilities Act complementary paratransit, circulator bus, rural transit, special needs transportation service and annual MOE funding. 2. Project. The Project consists of the annual provision of local and express fixed route transit service, complementary paratransit service, neighborhood circulator, rural transit and special needs transportation by the RTA in Marana. The service area includes the Town of Marana, and includes the various services funded wholly or in part by the Town 2 in fiscal years 2011 -2012 and 2012 -2013, as may be modified from time to time by the RTA in collaboration with the Town. 30 Effective Date; Term. This Agreement shall become effective upon July 1, 2015 and shall continue in effect until June 30, 2020 unless earlier terminated or extended by written agreement of the parties. 4. Annual MOM Funding; Calculation and Process. The amount owed for each fiscal year will be adjusted by the annual percentage change from the previous calendar year in the GDP price deflator, as defined in A.R.S. § 41-563(E)(2) and contained in a revised annual Exhibit A and made part of this agreement by formal amendment. Such Exhibit A annual amendment may be executed in writing by the Executive Director of the RTA and Marana' s Town Manager. 5. Specific Terms a. Circulator Service Planning. The RTA shall be responsible for the provision of circulator bus service in the region to include the RTA Plan Transit Element and other services through mutual agreement with the Town and its transit partners. The RTA will consult with the Town and the RTA Transit working gaup in the planning for the delivery of this service, including route design, demand planning, scheduling and circulator bus stop locations. b. Provision of Service. The RTA will be responsible for the provision of mass transit services within the Town as described in Exhibit B, including but not limited to transit vehicle operation, customer service, fare collection, monthly pass sales, marketing, and circulator bus stops. The Town agrees to assist the RTA in provision of services where practicable. The RTA intends to contract for the delivery of transit services. The Town will participate in the selection committee for the transit service provider(s). c. Bus Stops. The RTA will be responsible for all required permits for bus stops associated with the provision of transit service. All bus stops will comply with current ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). The Town will construct all mutually agreed upon bus stop improvements and may submit an application for reimbursement by the RTA. d. Legal Requirements. The RTA will be responsible for satisfying all applicable federal, state and local requirements associated with the delivery of circulator bus service. e. Reporting. The RTA will provide the Town with copies of all Monthly System Summary Performance Reports provided by the contractor, as well as any circulator service performance audits, annual reports, etc. prepared by or for the RTA. f. Changes in Service. From time to time, modifications to the circulator bus and/or express services may occur due to route performance or funding availability. The RTA, with participation from the Town and the RTA Transit working Group, shall develop performance standards for transit service within the region. The RTA will include the Town in the planning and design of service changes in the Town. The RTA and Town agree to hold at least one public meeting in the Town thirty days prior to any substantive changes in circulator bus service. g. Fares. Fares for the circulator service will be established regionally, and will be consistent with the fares charged by Sun Tran for the fixed route system. The RTA will develop a Sun Shuttle Pass program to enable passengers to transfer to the Sun Tran fixed route service. The RTA and Town agree to hold at least one public meeting in the Town prior to the finalization of any future circulator bus fare changes. h. Funding. Funding for transit services will be shared between the Town and RTA as described in Exhibit B. The Town will assist in the RTA's efforts to secure federal, state, and other additional sources of funding for the provision of enhanced circulator bus service in the Town, but the Town shall have no further obligation to fund the service beyond the "Annual MOE Funding." i. Additional Service: The Town may request the RTA assistance in implementation or inclusion of other transit services, so long as the Town provides funding for such additional services. Sustainable financial support through an independent 1OA or other source must be available for all costs associated with the proposed service. j. Reimbursement. The RTA may request assistance from the Town for the delivery of circulator bus service. The RTA shall reimburse the Town for services requested by the RTA. Such service requests may include assistance in the development of circulator bus stops, park and ride facilities, service promotion, etc. The Town will provide cost estimates to the RTA for mutually agreed upon reimbursable expenses. Estimated work and payment schedules should be included in the cost estimate. The RTA Administrative Code will be followed for invoicing and reimbursement. 5s Responsibilities of the Town of Marana. a. For fiscal year 2015 -16, the Town shall pay a maximum of $91,354, in four approximately equal installments of $22,838 per installment, to the RTA for the Town's contribution to the Project. The installment payments shall be made quarterly upon receipt of invoices from the RTA. b. The Town will pay future amounts owed per item number four "Annual MOE Funding" and contained in a revised annual fiscal year Exhibit A and made part of this agreement by formal amendment. c. The Town will accept an agreement between the RTA and the City of Tucson related to provision of Sun Tran, Sun van and related services as subsuming any separate agreement between the Marana and the City for the same services. 4 f . Responsibilities of RTA. a. As the Region's Lead Agency for the provision of urban area service and mandated Americans with Disabilities Act complementary paratransit, neighborhood circulator, rural transit, and special needs transportation services for the Town, the RTA shall provide services comparable to those previously funded by the Town. The RTA may contract with public or private entities for the provision of such services, and may partner with the Town to seek any applicable state or federal grants that may be available for such service on behalf of services in the Town. b. Provide fixed route, rural, call-and -ride, special needs and express transit services within Marana for the benefit of area residents. 7. Termination. Either party may terminate this Agreement for material breach of the .Agreement by the other party. Prior to any termination under this paragraph, the party allegedly in default shall be given written notice by the other party of the nature of the alleged default. The party said to be in default shall have forty -five days to cure the default. If the default is not cured within that tune, the other party may terminate this Agreement. Any such termination shall not relieve either party from liabilities or costs already incurred under this Agreement. a. Termination at will This Agreement may be terminated at any time, without cause, by providing written notice of such termination to the other party at least ninety (90) days prior to the termination date. b. A.R.S. § 38 -51 L This Agreement is subject to the provisions of A.R.S. 38-511. 8. Indernnificatloll a. Mutual Indemnity To the fullest extent permitted by law, each party to this Agreement shall indemnify, defend and hold the other party, its governing board or body, officers, departments, employees and agents, harmless from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorney's, consultant's and accountant's fees or costs and expenses of whatsoever kind and nature, resulting from or arising out of any act or omission of the indemnifying party, its agents, employees or anyone acting under its direction or control, whether intentional, negligent, grossly negligent, or amounting to a breach of contract, in connection with or incident to the performance of this Agreement. b. Notice. Each party shall notify the other in writing within thirty (30) days of the receipt of any claim, demand, suit or judgment against the receiving party for which the receiving party intends to invoke the provisions of this Article. Each party shall keep the other party informed on a current basis of its defense of any claims, demands, suits, or judgments under this Article. 5 c. Negligence of indemnified varty. The obligations under this Article shall not extend to the negligence of the indemnified party, its consultants, contractors or employees. 9. Insurance When requested by the other party, each party shall provide proof to the other of their worker's compensation, automobile, accident, property damage, and liability coverage or program of self - insurance. 10. Books and Records. Each party shall keep and maintain proper and complete books, records and accounts, which shall be open for inspection and audit by duly authorized representatives of any other party at all reasonable times. 11. Non - assignment. Neither party to this Agreement shall assign its rights under this Agreement to any other party without written permission from the other party to this Agreement. 12. Construction of Agreement. a. Entire agreement. This instrument constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. Any exhibits to this Agreement are incorporated herein by this reference. b. Amendment. This Agreement may be modified, amended, altered or changed only by written agreement signed by both parties. c. Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the Recitals hereof d. Captions and Headings. The headings used in this Agreement are for convenience only and are not intended to affect the meaning of any provision of this Agreement. e. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 13. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of the County or the RRTA. T 14. No Joint venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between the County and RTA employees, or between RTA and County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. 15. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affects the legal liability of either party to the Agreement by imposing any standard of care different from the standard of care imposed by law. 16. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. a. Anti - Discrimination. The provisions of A.R.S. § 41 -1463 and Executive order Number 99 -4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. b. Americans with Disabilities Act. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101 -335, 42 U.S.C. 121 0 1 - 12213) and all applicable federal regulations under the Act, I ncluding 28 CFR Parts 35 and 36. c. 'Workers' Compensation. An employee of either party shall be deemed to be an "employee" of both public agencies, while performing pursuant to this Agreement, for purposes of A.R.S. § 23 -1 022 and the Arizona Workers' Compensation laws. The primary employer shall be solely liable for any workers' compensation benefits, which may accrue. Each party shall post a notice pursuant to the provisions of A.R.S. § 23 --906 in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the purposes of workers' compensation. 17® waiver, waiver by either party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. II 18. Force Majeure. A party shall not be in default under this Agreement if it does not fulfill any of its obligations under this Agreement because it is prevented or delayed in doing so by reason of uncontrollable forces. The tern "uncontrollable forces" shall mean, for the purpose of this Agreement, any cause beyond the control of the party affected, including but not limited to failure of facilities, breakage or accident to machinery or transmission facilities, weather conditions, flood, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike, lockout, labor dispute, boycott, material or energy shortage, casualty loss, acts of God, or action or non - action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the parties, order of any government officer or court (excluding orders promulgated by the parties themselves), and declared local, state or national emergency, which, by exercise of due diligence and foresight, such party could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligations by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 19. Notification. All notices or demands upon any party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: The RTA Farhad Moghimi, Executive Director Regional Transportation Authority 1 E. Broadway Blvd, Ste. 401 Tucson, AZ 85701 Town of Marana: Gilbert Davidson, Town Manager Town of Marana 11555 west Civic Center Drive Marana, Arizona 85653 20. Remedies. Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right or remedy existing at law or in equity or by virtue of this Agreement. 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterpart may be removed from such counterpart and attached to a single instrument. 8 In Witness Whereof, the Town of Marana has caused this A to be executed b the Ma and Council, upon resolution of the Ma and Council attested to b the Town Clerk, and the RTA has caused this A to be executed b its Chair of the Board, upon resolution of Board of Directors. TOWN OF MAV4AN* Ed Honeal Nfa IDate ATTEST: �e'Z f a- ��1J /� el Br(o son, Town Clerk Date The fore A between the Town of Marana and the RTA has been approved as to content and is hereb recommended b the undersi , 4brV Gil14'e"dD'avi*6-r on, 'Town Mana ' Date REGIONAL TRANSPORIATION Jod'athan Rothschild_ Board Chair ATTEST: Farhq*K"m""i'-, Director Date ATTORNEY CERTIFICATION The fore inter a between the Re Transportation Authorit of Pima Count and the Town of Marana has been reviewed on the date set forth below pursuant to A.R.S. § 11-952 b the undersi attorne each of whom has determined that it is in proper form and within the powers and authorit g ranted under the laws of the State of Arizona to the Part represented b the respective undersi attorne Re Transportation Authorit of Pima Count 2 A ttorne y for the Authorit HORITY OF PIMA COUNTY: Date Date �Z Z o/" r Dde EXHIBIT A to the Intergovernmental Agreement between The Regional Transportation Authority of Pima County and The Town of Marana for the Regionalization of Public Transit and Special Needs Transportation Services and Maintenance of Effort Funding Maintenance of Effort (MOE) Baseline per A.R.S. 48 -5308 F Total Town of Marana Transit Expenditures FY 200304 $67,400 (Sun Tran, Van Tran, ADA Eligibility, Rural Transit, Special Needs) Less Revenue Adjustments $0 (Fares, rare Credits, Federal Aid, State Grants, Marana) Net Town of Marana Cost $67,400 Pima County Allocation of One Time STP Flex $7,341 (FY 2003-04 Sun Tran Preventive Maintenance 1 Federal) Town of Marana MGE Baseline $74,741 GDP Adjustment to FY 2010-11 per A.R.S. § 41 -563 Growth Factor 22.228% $16,613 TOTAL FY 2015 -16 MOE $91,354 10 EXHIBIT A to the Intergovernmental Agreement between The Regional Transportation .Authority of Pima County and The Town of Marana for the Regionalization of Public Transit and Special Needs Transportation Services and Maintenance of Effort Funding Sun Shuttle Circulator Services Sun Shuttle Routes 410, Trico /Marana, 411 Cortaro /Silverbell, 412 Thornydale /Dove Mountain, and 413 will operate within Town of Marana limits on Monday through Friday from approximately 5:30am to 6 :30pm and on Saturday from approximately 9:00 am to 4:00pm. These services are shown on Attachment 1. The RTA will fund the provision of this service with RTA funds augmented by Town MOE, JARC grant and Section 5311 Rural Transportation funding assistance, when JARC and Section 5311 funding can be obtained. Sun Tran Service Route 16 12 Ave /Oracle will operate within Town of Marana limits on Monday through Friday from approximately 5 a.m. to midnight and on Saturday through Sunday from approximately 7 a.m. to 9 p.m. The RTA will fund the provision of this service with Town MOE. Sun Van Services Mandatory ADA services along the Route 16 with comparable service hours will operate within Town of Marana limits. The RTA will fully fund this service. The RTA will fully fund the provision of this service with Town MOE. Sun Express Services Sun Express Routes 102X, (Northwest -UA Express) 103X, (N Route 104X, (Marana - Downtown) and 202X Northwest -Aero Park will operate within Town of Marana limits on a 1.3 mile portion of roadway within for 16 trips per day, Monday thru Friday excluding holidays. The RTA will fully fund the provision of this service. RTA Special Needs Service RTA Special Needs service, branded as Sun Shuttle Dial -a- -Ride, will be available to Town of Marana residents within the service area established by the RTA. The boundary for this service area is shown on Attachment 1. The RTA will fully fund the provision of this service. 11 Attachment I 12 13