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HomeMy WebLinkAboutResolution 2003-157 IGA for provision of transit servicesMARANA RESOLUTION NO. 2003-157 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF TRANSIT SERVICES WITHIN THE TOWN OF MARANA. WHEREAS, A.R.S. § 11-952 grants the Town the authority to enter into Intergovernmen- tal Agreements; and WHEREAS, Pima County and the Town of Marana may contract for services and enter into agreements with-one another for.joint or cooperative action pursuant to A.R.S. § 11-951, et seq.; and WHEREAS, the Town has previously entered into a cost-sharing agreement with Pima County for the provision of transit services within the Town of Marana; and WHEREAS, the Town ofM arana and P ima County desire t o continue jointly provide these services through the periodic renewal of Intergovernmental Agreements; and WHEREAS, the Town of Marana and Pima County have negotiated a contract wherein the Town will pay Pima County the amount of $67,400.07 for the provision of transit services for FY 2003-04. ATTEST' . ~ ~_%~z **~ ~ APPRO~ ~ ~Bronson, Town Clerk ~as} NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the purpose of providing public transmit services within areas of the Town of Marana, and authorizing Town staff to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2nd day of December, 2003. ~,~.~x~m'wi,~,,~,~_ Mayor BOBBY S~TON, JR. Resolution No. 2003-157 ,?F- ANN ROD: RECORDED BY: P0230 PIMA CO CLERK 03 PICKUP UEZ, RECORDER j-V DEPUTY RECORD ER 4437 PE3 ? THE BOARD RESOLUTION NO. 2004 - 4 5 RESOLUTION OF THE PIMA COUNTY 130ARD OF SUPERVISORS APPROVING AND AUTHORIEZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA TO PROVIDE PUBLIC TRANSIT SERVICES TO RESIDENTS WITHIN THE TOWN OF NLARANA. (DISTUCT 3) V"HEREAS, Pima County (-County") currently provides public transit services to residents within the corporate limits of the Town of Marana ("Towm"); and WHEREAS, the Town benefits from these services and wishes to provide funding to county for those public transit services provided within the corporate limits of the Town; and WHEREAS, Couh1ty has determined it to be in the best interest of the public to enter into an intergovernmental agreement in which Town will contribute -$67,400.07 to County for the provision of public transit services within the corporate limits of the Town f or FY 2003-2004; NOW, THEREFORE, UPON MOTION DULY AIJADE, SECONDED AND CARRIED, BE IT RESOLVED THAT: I - The intergovernmental agreement between Pima County and the Town of Marana to provide public transit services within the Town of Marana is hereby approved. 2. The Chair of this Board is hereby authorized and directed to sign said intergovernmental agreement for the Board of Supervisors. 3- The various Pima County officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. PASSED, ADOPTED AND APPROVED this 2rid day of MA RCH 2004. PEqA COUNTY BOARD OF SUPERVIS ORS Ile Sharon -Bronson, Chair ATTES'f: k"A 2 2004 Clerk of the Board JOCKET: 12252 PAGE: 3822 NO. OF PAG ES: 11 SEQUENCE: 20040440983 03/05/2004 RES 17:06 PICKUP AMOUNT PAID $ 0.00 App?rKed as At- Deputy Co ty AttoTmney I ??7;?A ?NA; C r: R T I F I E 1) ?'V? ? A& Original P-ted by c?ouncjjl co ?? M En ::: G soufio # I Clark MARANA RESOLUTION NO. 2003-157 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING TEE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION OF TRANSIT SERVICES WITHIN THE TOWN OF MARA \4A. V?HEREAS, A.R.S. § 11-952 grants the Town the authority to enter into Intergovernmen- tal Agreements; and WIEREAS, Pima County and the Town of Marana m ay contract for services and enter into agreements W4 -one another for joint or cooperative action Pursuant to A.R-S. § 11 -95 1, et seq.; and WTIEREAS, the Town has previously entered into a cosi-sharing agreement with Pima County for the provision of transit services within the Town of Marana; and WEIEREAS, the Town of M arana and P ima C ounty d esire t o c ontinue i ointly p rovide these services through the periodic renewal of Intergovernmental Agreements; and WBEREAS, the Town of Marana and Pima County have negotiated a contract wherein the Town will pay Pima County the amount of $67,400.07 for the provision of tr-dnsit services for FY 2003-04. NOW, TBEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma- rana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for the purpose of providing public transmit services within areas of the Town of Marana, and authorizing Town staff to undertake all other tasks required to carry out the terms, obligations and objectives of the intergovernimen al agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 2 nd day of December, 2003. -ro-X T?R? Mayor S TTONT, JR. 0 R P 0 RA 7,F SFAU? ATTEST: APPR D ORM: e yn Bronson, Town Clerk a s T Attome r -C Resolution No. 2003-157 A M E KI D Ali N NC) Thit fl Ll 7 a on all t F S and this INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY 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 Arizona Revised Statutes (A.R.S.) Title 11, Chapter 7, Article 3, by and between: THE TOWN OF MARANA, a municipal corporation (hereinafter referred to as the "City"), -and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona (hereinafter referred to as the "County"); WITNESSETH W"BEREAS, the County currentlyprovides funding forpublic transit services which include paratransit service for persons with disabilities, portions of which operate within the Town of Marana; and -WBEREAS, the Town has determined that it is in the best interest ofthe residents ofthe Town ofMarana, who benefit from -the services, to provide funding for thoseportions ofthe public transit services that operate within the corporate limits of the Town; and WBEREAS, the Townand County may contract for services andenterinto agreements withone anotherforjoint or cooperative action pursuant to the provisions of A.R.S. Section 11-95 1, et sec; NOW, TBEREFORE, the Town and the Countypursuant to the above, and in consideration ofthe matters and things hereinafter set forth, do mutually agree as follows: Original 1 of 5 MaTana - PC Transit IGA SECTION 1. PURPOSE The purpose ofthis Agreement is to set forth the responsibilities andobligations oftheparties for the provision oftransit and paratransit services within the corporate limits of the Town of Marana, and within ADA mandated service area! SECTION 2. MANNER OF FINANCING AND BUDGET The Town agrees to paythe County, upon presentation ofquarterly invoices, all costs andcharges incurredbythe County toprovidepublic transit services to the Town. Payments shallbe due and payable within thirty (3 0) days after presentation totheTown. The County agrees to compile invoices for three (3) month intervals and present them quarterlyto the Town. 'Ihe invoices presented to the Town shall be for the actual number oftransit trips provided during the quarter and for subsidy costs to provide public transit service in the Town, which represents actual expenses incurred less actual fare revenues and other credits. SECTION 3. OBLIGATIONS OF TOWN AND COUNTY 3.1. The Town agrees topayits share of costs to provide public transit services, based onthetotal costs incurredby the County to provide the public transit services as set forthin Attachment 2, attachedhereto and incorporated by reference and made a part of this Agreement. 3.2. The Town agrees to pay for the delivery of paratransit service to those town residents who are ADA eligible. Charges will be a pass through of actual cost per trip. Service shall be provided byVan Tran, the City ofTucson's paratransit provider of complementary paratransit service, in conjunction with Sun Tran fixed routes, and in accordance with the terms and conditions of the contract between Pima County and the City of Tucson. 3.3. The Town and Countyagree on the services to beprovidedbythe County, and on theroute orroutes, schedules and mileage affecting this Agreement, and the corresponding portion ofsaid routes contained within the Town, as set forth in Attachment 1. 3.4. The routes, mileage, amounts, totals, and any other provisions ofAttachments I or 2 or Paragraph B ofthis Section maybe amended by the parties at any time, through mutual approval in writing by the CountyAdministrator and the Town Manager, following forty-five (45) days written notice ofthe desired amendment. Upon such approval, an amended attachment shall be recorded with the office of the Pima County Recorder. 3-5. The County shall provide t' he Town with quarterly perl'orniance reports ' c tairied 1-i Lor each ofthe routes ont -'i Attachment I and for transit services provided in accordance with this Agreement. The reports for services described in Attachment I shall contain, at aminimum, information regarding ridership, fare revenues, and costs during the three (3) month reporting period. The reports for transit services shall Est the number oftrips (one way) per quarter for each designated client. 3.6. The County shall present quarterly invoices of-all costs and charges incurred bythe Countyto provide public transit Marana - PC Transit IGA 2 services to the Town pursuant to this agreement 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 oftransit 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. SECTION 4. EFFECTIVE DATE AND DURATION OF AGREEMENT This Agreement shallbe effectiveupon filing afullyexecutedcopywiththe Office ofthePimaCountyRecorder, and shall remain in fall force and effect until July 1, 2004, unless sooner terminated or fluther extended pursuant to the terms ofthis Agreement. This Agreement maybe renewed for up to four additional one year terrns upon annual amendments signed by the parties. SECTION 5. TERMINATION This Agreement maybe tenninated at anytimeupon sixty(60) days writtennotice from the terminating party to the other. Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement. SECTION 6 COMPLUNCE WITH LAWS The parties shall complywith all applicable federal, state, and local laws, rules, regulations, standards, and executive orders, including but not limited to the following: a. Theprovisions ofArizona Revised Statutes See. 41-1463 and Executive Order Number 75-5 as amendedby ExecutiveOrder 99-4, issuedbythe Governorofthe StateofArizona, and, where not inconsistent therewith? the provisions oftheTueson Code Section 17-21 and Pima County Ordinance Number 1974-10, areincorporated by this reference as a part of this Agreement. b. This Agreement is subj ect to all applicable provisions ofthe Americans with Disabilities Act (Public Law 10 1 - 3 3 6,42 U. S. C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 3 5 and 36. c. This Agreement is subject to the provisions of A.R.S.§38-51 1. SECTION 7. LEGAL RMSDICTION Notliffiginthis Agreement shall be construed as e.-ithar lilmiting or ex?Lei-Lding-t,ie.'iegalj-ar'isch-c'or, of eitherthe Cit Ll I -y or the County. SECTION 8. MUTATION OF LIABILITY Eachparty(as "indemnitor") agrees to indemnify, defend, andholdharmless the otherparty(as "indemnitee") from and against anyand allclaims, losses, liability, costs, or expenses (including reasonable attorney's fees)(hereinafter collectively Marana - PC Transit IGA 3 referredto as "claims') arising out ofbodily injury of anyperson (including death) or property damage but onlyto the extent that such claims whichresult in vicarious/derivativeliabilityto the indemnitee, are causedbythe act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. SECTION 9. APPROPRIATION OF FUNDS Eachpartyrepresents that ithas, withinits respective budget, sufficient funds to discharge the obligation and duties assumed under t1us Agreement. Should eitherparty fail to obtain continued funding during the ten-n of this Agreement through a failure ofappropriation or approval of fdrids, then in that event this Agreement shall be deemed to terminate by operation oflaw. In such event, termination shall be effective on the last day ofthe year for which funds have been appropriated or approved. SECTION 10. NOTICE Any notice required orpennitted to be givenunderthis Agreement shallbe inwriting and shallbe served by delivery or by certified mail upon the other party as follows: If to the Town:Mike Hein 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 toKurt Weinrich, P.E., Director Pima County Department of Transportation and Flood Control 201 North Stone Avenue, 3" Floor Tucson, Arizona 85701 Or to such other addresses as either party shall designate in writing. SECTION 11. FORCE MAJEURE The omission oftheperformance or failure to render anyservices requiredbythis agreement because of an act of God, inevitable accident, fire, lockout, strike or other labor dispute, riot, act of government or governmental insti-ame.-Lit or instrumentality (whether federal or state), or failure, of equipment or facilities not due to inadequate maintenance shall not constitute a breach ofthis agreement or failure ofperformance 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 actuallyrendered by the County to the Town pursuant to the terms of this agreement due to any cause contemplated in this paragraph. Marana - PC TTansit IGA 4 SECTION 12. MODIFICATION BY AMENDMENT This Agreement maybe modified bythe parties at anytime upon written amendment executed bytheparties. Theparties shall share all costs of revising this Agreement. SECTION 13. NO ACQUIRED INTERESTS Neither the Town or the County, by this Agreement, acquires right, title or interest in the other's transportation servi SECTION 14. SEVERABILITY Inthe event that anyprovision ofthis Agreement orthe application thereofis held invalid, such invalidation shall have no effect on other provisions and other than their application which can be given effect without the invalid provision or application and to this end the provisions of this Agreement are severable. SECTION 15. 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 remedy existing at law or in equity or by virtue of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement as indicated by the signatures and dates written below. TOWN OF MARANA: Mayor Date: a/Z13 ATTEST: ?to gerykfoirt ee Town Date: 1 21A A/ 4 ?- -_7 ? PEAA COUNTY BOARD OF SUPERVISORS Sharon Bronson, Chair Date: MAR 2 2004 ATTEST: Z Clerk of the Board Date: MAR -9 2004 Marana - PC Transit IGA Recommended to the Board: Kurt weinric?,47E', Director Pima County Department of Transportation and Flood Control Pursuant to A.R. S. § 11-952 (D), the attorneys for the governmental entities which are the parties to this Agreement have determinedthat the.foregoingis inproperform. and is within thepowers and authority ofthe parties as grantedunderthe laws of the State of Arizona. Deputy County mey ??tto D ate: 6,111 /-0-3 Marana - PC Transit IGA 6 I L107-03 ATTACHMENT I The routes and mileages for the cost sharing agreement between Pima County and the Town of Marana for Fiscal Year 2003-2004 (July 1, 2003 through June 30, 2004) shall be as follows: Sun Tran Service Route 16 - Ina Road Service, portion within the Town of Marana: Service includes 256 weekdays and 52 Saturdays of service; 27 trips per weekday and 14 trips per Saturday; and 1.3 miles per round trip within the Town Limits. Marana Route Miles: 9,931 Pima County Rural Transit Service Marana Service Area route - Pima County IGA with Axizona Department of Transportation: Senice includes 256 service days, 4 trips per day, and 82 miles per round trip from -k-vra Valley to Thornydale Road at Orange Grove Road. Total Route Miles: 83,968 Marana Service Area route, portion within the Town of Marana: Service includes 256 service days, 4 trips per day, and 45 miles per round trip within the Town Limits. Marana Route Miles: 46,080 Percentage of Total: 54.8% ATTACHMENT 2 Amounts to be paid by the Town of Marana to Pima County for public transit services provided in FY 2003 -2004 (July 1, 2003 through June 3 0, 2004), within the Town limits shall be calculated as follows. Pima Countv Rural Transit Service Marana Service Area Route, Pima County Subsidy Total Route Cost $ 102,548.00 Required Fare Recovery (per County IGA with-ADOT) $22,561.00 Estimated Fare Recovery $5,024.00 Fare Differential (Required minus Actual) $17,537.00 Net Cost (Total Cost minus Required Fare Recovery) $79,987.00 Federal Share (Section 5311 funds) $39,993.00 Local Share $39,993.00 Total Local Share (Fare Differential plus Local Share) $57,530.00 Town of Marana share of the Pima County Rural Route $31,526.00 (54.8% of the total route miles are within the Town) Sun Tran Service Route 16 miles within the Town of Marana FY 2003-2004 256 weekdays 27 trips per day 52 Saturdays 14 trips per day Total weekday Route 16 miles 8?985 Total Saturday Route 16 miles 946 Grand total Route 16 nu'les 9,931 1.3 miles per trip Cost Elements Total annual miles (Marana) Cost per mile Depreciation per mile Federal assistance per mile Revenue per mile Estimated Expen?es Mileage cost (Miles x cost per mile) Depreciation cost (Depreciation per mile x miles x 20%) Total expenses Revenue Adiustments Farebox Revenue Revenue per mile x miles Capitol assistance Federal assistance x miles Total revenue 9,931.00 $4.3611 $0.0722 $0.2312 $0.5322 $ $43,310.00 $143.40 $43,453.40 $5,283.29 $2,296.04 $7,579.33 Expenses $43,453.40 Less Revenues $7,579.33 Total Sun Tran Expense $35,874.07 Total Pima County Rural Route Expense $31,526.00 (From previous page.) Grand Total Town of Marana Expense $67,400.07 -,-f