HomeMy WebLinkAboutResolution 2020-050 Approving Regionalization of Public Transit and Special Needs Transportation Services FY 2021-2026 MARANA RESOLUTION NO. 2020-050
RELATING TO COMMUNITY & NEIGHBORHOOD SERVICES; APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN 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 (MOE) FUNDING FOR FISCAL YEARS 2021-2026; 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 au-
thorized 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; and
WHEREAS the provision of public transit and special needs services is one of the
transportation 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 THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, that the intergovernmental agreement between the Region-
al Transportation Authority of Pima County and the Town of Marana attached to and
incorporated by this reference 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 di-
rected and authorized to undertake all other tasks necessary to carry out the terms and
objectives of the intergovernmental agreement, including execution of an annual
Marana Resolution No.2020-050 - 1 -
amendment to the IGA setting forth the amount of the Town's MOE contribution for
each fiscal year.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 19th day of May, 2020.
Mayor Ed onea
ATTE AipAPPROVE P AS TO •RM:
Cherry L. L.ws•n, Town Clerk ,'Er- f Cassi 6 y own Attor -y
Aak
MARANA AZ
ESTABLISHED 1977
Marana Resolution No.2020-050 - 2 -
EXHIBIT A
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 deems
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 Plan. 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.
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G. 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 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.
J. 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.
K. 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.
L. 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.
M. 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
in fiscal years 2011-2012 and 2012-2013,as may be modified from time to time by the
RTA in collaboration with the Town.
3. Effective Date; Term. This Agreement shall become effective upon July 1, 2020
and shall continue in effect until June 30, 2026 unless earlier terminated or extended by
written agreement of the parties.
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4. Annual MOE 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 Group 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.
£ 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.
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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 use regionally accepted fare media 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."
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
IGA 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.
5. Responsibilities of the Town of Marana.
a. For fiscal year 2020 - 2021, the Town shall pay a maximum of$99,983, in four
approximately equal installments of$24,996 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.
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6. 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 time, 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. & 38-511. This Agreement is subject to the provisions of A.R.S. §
38-511.
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8. Indemnification
a. Mutual Indemnity. Mutual Indemnity. To the fullest extent permitted by
law, each Party (as "indemnitor") will defend, indemnify and hold harmless
the other Party (as "indemnitee"), its officers, officials, employees, agents,
volunteers, successors, and assigns (the "indemnified group') from and
against any and all claims, damages, losses, liabilities and expenses of any
nature whatsoever (including but not limited to reasonable attorneys' fees,
court costs, the costs of appellate proceedings, and all claim adjusting and
handling expense) relating to, arising out o1 resulting from or alleged to
have resulted from the indemnitor's omissions, negligence, or willful
misconduct relating to any action or inaction of this Agreement (collectively,
"claims") including but not limited to work, services, acts, errors, mistakes,
or omissions in the performance of this Agreement by anyone directly or
indirectly employed by or contracting with the indemnitor, or any person
for whose acts and liabilities are the obligation of the indemnitor. If any
claim, action or proceeding is brought against the indemnified group,
indemnitor must, at its sole cost and expense, resist or defend such claim
or action on behalf of the indemnified group, but only to the extent that such
claims result in vicarious/derivative liability to the indemnitee and are
caused by the omission, negligence, or willful misconduct of the
indemnitor, its officers, officials, agents, employees or volunteers;
provided, however, that the indemnitor shall have no obligation to
indemnify the indemnified group for the indemnified group's negligence
(passive or otherwise) or willful misconduct. The indemnity provisions of
this Agreement survive the termination 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.
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.
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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 RTA.
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 Parties agree to comply with all provisions and
requirements of Arizona Executive Order 2009-09,which supersedes Executive
Order 99-4 and amends Executive Order 75-5,and which is hereby incorporated
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into this Agreement as if set forth in full herein. During the performance of this
Agreement, the Parties will not discriminate against any employee, client or any
other individual in any way because of that person's age, race, creed, color,
religion, sex, disability or national origin.
b. Americans with Disabilities Act This Agreement is subject to 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.
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. § 23-1022 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. § 23-1022€ 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.
d. The Parties hereby certify that they will at all times during the term of this
Agreement comply with all federal immigration laws applicable to the Parties'
employment of its employees, and with the requirements of A.R.S. § 23-214(A).
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.
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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 term `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, stake, 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: Town of Marana:
Farhad Moghimi, Executive Director Jamsheed Mehta, Town Manager
Regional Transportation Authority Town of Marana
1 E. Broadway Blvd, Ste. 401 11555 West Civic Center Drive
Tucson, AZ 85701 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.
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In Witness Whereof the Town of Marana has caused this Agreement to be
executed by the Mayor and Council, upon resolution of the Mayor and Council attested to
by the Town Clerk, and the RTA has caused this Agreement to be executed by its Chair
of the Board, upon resolution of Board of Directors.
TOWN OF MARANA:
Ed Honea, Mayor Date
ATTEST:
Cherry Lawson, Town Clerk Date
The foregoing Agreement between the Town of Marana and the RTA has been approved
as to content and is hereby recommended by the undersigned.
Jamsheed Mehta, Town Manager Date
REGIONAL TRANSPORTATION AUTHORITY OF PIMA COUNTY:
RamOn Valadez, Board Chair Date
ATTEST:
Farhad Moghimi, Executive Director Date
ATTORNEY CERTIFICATION
The foregoing intergovernmental agreement between the Regional Transportation
Authority of Pima County and the Town of Marana has been reviewed on the date set
forth below pursuant to A.R.S. § 11-952 by the undersigned attorneys, each of whom has
determined that it is in proper form and within the powers and authority granted under the
laws of the State of Arizona to the Party represented by the respective undersigned
attorney.
Regional Transportation Authority of Pima County:
Attorney for the Authority Date
Town of Marana:
Town Attorney Date
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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 2003-04 $67,400
(Sun Tran,Van Tran,ADA Eligibility, Rural Transit,Special Needs)
Less Revenue Adjustments $0
(Fares,Fare 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/Federal)
Town of Marana MOE Baseline $74,741
GDP Adjustment to FY 2010-11 per A.R.S. 41-563
Growth Factor 33.772% $25,242
TOTAL FY 2020-21 MOE $99,983
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EXHIBIT B
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, Cortaro/Silverbell, 412 Thornydale/Tucson Premium Outlets, and
413 will operate within Town of Marana limits on Monday through Friday from
approximately 5:00 a.m. to 7:00 p.m. and for Routes 412 and 413 only on Saturday from
approximately 8:30 a.m. to 4:00 p.m. These services are shown on Attachment I.
The RTA will fund the provision of this service with RTA funds augmented by Town MOE
and Section 5311 Rural Transportation funding assistance.
Sun Tran Service
Route 16 12th 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 6 a.m. to 9 p.m. The RTA will fund the provision of this service with RTA
funds augmented by 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 fund
the provision of this service with RTA funds augmented by Town MOE.
Sun Express Services
Sun Express Routes 102X, (Northwest-UA Express) 103X, (Northwest-Downtown), Route
104X, (Marana-Downtown) and 204X Northwest-Aero Park will operate within Town of
Marana limits 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 I. The RTA will fully fund the provision of this
service.
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Attachment I
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Legend system
i sun Sbuttte{}jai- -Rscie Compleme tar �,
IMce Area
t—^Bun Shuttle�1-a-Ride Optional
Paratransit Service Area
For current regional transit maps and schedules, visit www.suntran.com.
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