HomeMy WebLinkAboutResolution 2007-107 IGA with pima county for cost-sharing of transit servicesMARANA RESOLUTION NO. 2007-107
RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
AMENDMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR
THE SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT
SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF
MARANA.
WHEREAS, the Town of Marana has previously entered into a cost sharing
agreement for the provision of transit services within the Town of Marana; and
WHEREAS, the current agreement is in need of renewal; and
WHEREAS, the Town wishes to continue to participate in the provision of
regional transit service; and
WHEREAS, The Town and Pima County have negotiated a contract for the
provision of fixed route transit services in the amount of $72,671.44 for FY 2006-2007,
$74,715.22 for FY 2007-2008 and $74,212.47 for FY 2008-2009; and,
WHEREAS, The Town and Pima County have negotiated to allow for the
provision of paratransit services to the Town of Marana, in a service area defined by the
Town of Marana and agreed to by Pima County, for a fee not to exceed $200,000 for FY
2006-2007, $250,000 for FY 2007-2008 and $300,000 for FY 2008-2009.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
Section 1: The Mayor is authorized to execute an Intergovernmental
Agreement Amendment for the provision of public transit services in the Town of
Marana.
Section 2: All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this Resolution is
hereby repealed, effective as of the effective date of this Resolution.
Section 3: If any section, subsection, sentence, clause, phrase or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions hereof.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of June, 2007.
ATTEST:
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yn C'. ronson
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APPROVEQ?AS 0 FOF
Frank CAsidy, Tbwn. At?
Mayor hU Honea
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F. ANN RODRIGUEZ, RECORDER DOCKET: 13120
RECORDED BY: C_V PAGE: 2123
DEPUTY RECORDER
1016 PE4 of Plat
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SEQUENCE: 12
20071590508
P0230 08/16/2007
PIMA CO CLERK OF THE BOARD RES 16:20
PICK UP
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ATTN LISA PICKUP
AMOUNT PAID $ 0.00
RESOLUTION AND ORDER NO. 2007- 185
RESOLUTION AND ORDER OF THE PIMA COUNTY BOARD OF SUPERVISORS
APPROVING AND AUTHORIZING 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 MARANA.
(District 3)
WHEREAS, Pima County ("County") currently provides public-transit services to residents
within the corporate limits of the Town of Marana ("Town"), 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, the County has determined it to be in the best interest of the public to enter into an
intergovernmental agreement in which Town will contribute $971,599.13 to County for the provision of
public transit services within the corporate limits of the Town for FY 2006 through FY 2009;
NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND CARRIED,
BE IT RESOLVED THAT:
1. 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 Chairman of this Board is hereby authorized and directed to sign the agreement for the
Board.
3. The various Pima County officers and employees are hereby authorized and directed to
perform all acts necessary and desirable to give effect to the Resolution.
7th August
PASSED, ADOPTED AND APPROVED this day of '2007.
PMA C BO S PER IISORS
Vice airman of the Bo"ard of Superv ors
ATTEST:
Clerk of t5e B r?dl
Approve as
Deputy nty Attormneyy
MARANA RESOLUTION NO. 2007-107
RELATING TO TRANSPORTATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT
AMENDMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR
THE SHARING OF COSTS INVOLVED IN THE PROVISION OF PUBLIC TRANSIT
SERVICES TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF
MAR-ANA.
WHEREAS, the Town of Marana has previously entered into a cost sharing
agreement for the provision of transit services within the Town of Marana; and
WHEREAS, the current agreement is in need of renewal; and
WHEREAS, the Town wishes to continue to participate in the provision of
regional transit service; and
WHEREAS, The Town and Pima County have negotiated a contract for the
provision of fixed route transit services in the amount of $72,671.44 for FY 2006-2007,
$74,715.22 for FY 2007-2008 and $74,212.47 for FY 2008-2009; and,
WHEREAS, The Town and Pima County have negotiated to allow for the
provision of paratransit services to the Town of Marana, in a service area defined by the
Town of Marana and agreed to by Pima County, for a fee not to exceed $200,000 for FY
2006-2007, $250,000 for FY 2007-2008 and $300,000 for FY 2008-2009.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, as follows:
. Section 1: The Mayor is authorized to execute an Intergovernmental
Agreement Amendment for the provision of public transit services in the Town of
Marana.
Section 2: All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this Resolution is
hereby repealed, effective as of the effective date of this Resolution.
Section 3: If any section, subsection, sentence, clause, phrase or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the decision of
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any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions hereof.
PASSED and ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 19th day of June, 2007.
ATTEST:
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Mayor aEH4onea
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Thla. numce? on all
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document!,E to this
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF MAP-ANA 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 1.1, Chapter 7, Article 3, by and between:
THE TOWN OF MARANA, a municipal corporation
(hereinafter referred to as the "Town"),
-and
THE COUNTY OF PIMA, a body politic and
corporate, apolitical subdivision of the
State of Arizona (hereinafter
referred to as the "County");
WITNESSETH
WHEREAS, the County currently provides funding for public transit services 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 6'
Marana, who benefit from the ser-vices, to provide funding for those portions of the public transit services tha
operate within the corporate limits of the Town; and
WHEREAS, the Town and County may contract for services and enter into agreements with one anoth(
for j oint or cooperative action pursuant to the provisions of A.R.S. S ection 11 -95 1, et sec,-
NOW, THEREFORE, the Town and the County pursuant to the above, and in consideration of tl
matters and things hereinafter set forth, do mutually agree as follows:
SECTION 1. PURPOSE
The purpose of this Agreement is to set forth the responsibilities and obligations of the parties for the provisi
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of transit services within the corporate limits of the Town of Marana.
SECTION 2. MANNER OF FINANCING AND BUDGET
The Town agrees to pay the County, upon presentation of quarterly invoices, all costs and charges incurred by
the County to provide public transit services to the Town. Payments shall be due and payable within thirty (30)
days after presentation to the Town. The County agrees to compile invoices for three (3) month intervals and
present them quarterly to the Town. The invoices presented to the Town shall be for the actual number of
transit 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 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 1, attached hereto and
incorporated by reference and made a part of this Agreement.
3.2. The Town and County agree on the services to be provided by the County, and on the route or routes,
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schedules and mileage affecting this Agreement, and the corresponding portion of said routes contained within
the Town, as set forth in Attachment 1.
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J.3. The routes, mileage, amounts, totals, and any other provisions of Attachment I 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.
3.4. The County shall provide the Town with quarterly performance reports for each of the routes contained
in Attachment I and for transit services provided in accordance with this Agreement. The reports for services
described in Attachment I shall contain, at a minimum, information regarding ridership, fare revenues, and
costs during the three (3) month reporting period. The reports for transit services shall list the number of trips
(one way) per quarter for each designated client.
3.5. The County shall present quarterly invoices of all costs and charges incurred by the County to provi(
public transit services to the Town pursuant to this agreement and Attachment 1. Said invoices shall t 01?
compiled for three (3) month intervals and payments shall be due and payable thirty (30) days after presentatic
to the Town. The invoices presented to the Town shall be for the actual number of transit trips provided durin
the quarter, and for subsidy cost to provide public transit service in the Town, which represents actual expense
incurred, less actual fare revenues and other credits. AL
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3.6. The Town and County agree to allow the County's Special Needs Contractor A & K Transportation,
Handicar to provide paratransit service within Town limits in an area specifically determined by the Town.
Eligibility, schedule and operating rules for the Special Needs Transportation shall be identical to County
eligibility, schedule and operating rules.
Costs of eligibility determinations, testing and appeals, if any, shall be reimbursed to the County by the Town.
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Operating costs for transporting Town residents shall be reimbursed to the County at the average monthly cost
per trip for the system as a whole. Cost to the Town for providing paratransit service shall not exceed
Attachment 1.
SECTION 4. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall be effective upon filing a fully executed copy with the Office of the Pima County
Recorder, and shall remain in full force and effect until June 30, 2009, unless sooner terniinated or further
extended pursuant to the terms of this Agreement.
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SECTION 5. ANNUAL REVIEW
This Agreement may be reviewed annually by the Town Manager and the County Administrator. In the event an
increase in service requirements, fuel costs, etc., require total cost of services to exceed the amounts specified in
Attachment 1, the parties may amend this aoreement to revise amounts in any given year to reflect the actual
cost of services. Any adjustment to any term or condition of this Agreement must be made by written
amendment signed by the parties.
SECTION 6. TERMINATION
This Agreement may be terminated at any time upon sixty (60) days written notice 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 7.COMPLIANCE WITH LAWS
The parties shall comply with all applicable federal, state, and local laws, rules, regulations, standards, and
executive orders, including but not limited to the following:
a. The provisions of Arizona Revised Statutes See. 41-1463 and Executive Order Number 75-5 a,
1.
amended by Executive Order 99-4, issued by the Governor of the State of Arizona, and, where nc ?:3
inconsistent therewith, the provisions of the Tucson Code Section 17-21 and Pima County Ordinanc
Number 1974-10, are incorporated by this reference as a part of this Agreement.
b. This Aareement is subject to all applicable provisions of the Americans with Disabilities Act (Publi,
Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 2:?:?',
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CFR P arts 3 5 and 3 6.
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c. This A-reement is subject to the provisions of A.R.S.§'38-511.
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SECTION 8. LEGAL JURISDICTION
Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of either the
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Town or the County.
SECTION 9. LIMITATION OF LIABILITY
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "Indemnitee")
from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's
fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death)
or property damage but only to the extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its
officers, officials, agents, employees, or volunteers.
SECTION 10. APPROPRIATION OF FUNDS
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 fall 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 Rinds have been appropriated or approved.
SECTION 11. NOTICE
Any notice required or pen-nitted to be given under this Agreement shall be in writing and'shall be served. by
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delivery or by certified mail upon the other party as follows:
If to the Town: Mike Reuwsaat
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 1?3
elf
With copies to: Priscilla S. Cornelio, P.E., Director
Pima County Department of Transportation and Flood Control
d
201 North Stone Avenue, 3' Floor
Tucson, Arizona 85701 2
Or to such other addresses as either party shall designate in writing.
SECTION 12. FORCE MAJEURE
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 perfon-nance 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.
SECTION 13. MODIFICATION BY AMENDMENT
This Agreement may be modified by the parties at any time upon written amendment executed by the parties.
The parties 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
services.
SECTION 14. SEVERABILITY
In the event that any provision of this Ageement or the application thereof is 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 Iaw for the breach of this Agreement. No right or remedy is
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intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other
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ig t or remedy existing at law or in equity or by virtue of this Agreement.
0 1.,
IN WITNESS W-HEREOF, the parties have entered into this Agreement as indicated by the signatures
and dates written below.
TOWN OF MARANA:
Mayor
Date: 7
ATTEST:
erk for e Town
Date 1? 1 14? It')
5
C4,RD/,E?UPERVISORS ATTEST:
Chfirman of the Board of S
Date: AIJO 0 7 2007
Recommended to the Board:
Priscilla S. Cornelio, P.E., Director
Pima County Department of Transportation
Date: -1 ?, Icr-I 1 0-1
Clerk of the Eord
Date: AUG 0 7 2007
Pursuant to A.R.S. § 11-952 (D), the attorneys for the governmental entities which are the parties to this
Agreement have detennined that the foregoing is in proper form and is within the powers and authority of the
parties as granted under the laws of the State of Arizona.
T..
/An Attome" Deputy County Attorney
Date: Date: 3
v
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Att?ichment 1 to the IGA between Pima County and the
Town of Marana for Mass Transit Services July 1, 2006 to June 30, 2007
Pima County Rural Transportation Service
Marana Rural Route Service
Total Route Cost (Contractor hourly rate times
service hours minus fare collected)
Federal Share (Section 5311) funds
Local Share
Total Local Share
Town of Marana Share (54.8% of Total Local Share)
Sun Tran Service
Route 16 miles within the Town of Marana @ 1.3 miles
per trip, 27 trips /weekday, 14 trips/Saturday
254 weekdays and 53 Saturdays in FY 0607
Total Sun Tran miles in Marana
Net Sun Tran Cost per Mile (From COT IGA for FY 0607)
Mileage.Cost ( Net cost per mile times total miles)
Sun Tran Cost
Sub-Total Rural Route plus Sun Tran
Cost to provide paratransit service including
eligibility, appeals and transportation.
Not to exceed
Grand Total Town of Marana Cost (Sun Tran plus Rural)
$107,665.00
$53,832.50
$53,832.50
$53,832.50
$29,500.21
9,879.00
$4.37
$43,171.23
$43,171.23
$72,671.44
$200,000.00
$272,671.44
Page One
Att-aGhment I to the IGA between Pima County and the
Town of Marana for Mass Transit Services July 1, 2007 to June 30, 2008
Pima County Rural Transportation Service
Marana Rural Route Service
Total Route Cost (Contractor hourly rate times $114,144.00
service hours minus fare collected)
Federal Share (Section 5311) funds $57,072.00
Local Share $57,072.00
Total Local Share $57,072.00
Town of Marana Share (54.8% of Total Local Share) $31,275.46
Sun Tran Service
Route 16 miles within the Town of Marana @ 1.3 miles
per trip, 27 trips /weekday, 13 trips/Saturday
255 weekdays and 52 Saturdays in FY 0708
Total Sun Tran miles in Marana 9,828.00
Net Sun Tran Cost per Mile (From COT IGA for FY 0708) $4.42
Mileage Cost ( Net cost per mile times total miles) $43,439.76
Sun Tran Cost $43,439.76
Sub-Total Rural Route plus Sun Tran $74,715.22
Cost to provide paratransit service including
eligibility, appeals and transportation.
Not to exceed $250,000.00
Grand Total Town of Marana Cost (Sun Tran plus Rural) $324,715.22
Page Two
Attachment 1 to the IGA between Pima County and the
Town of Marana for Mass Transit Services July 1, 2008 to June 30, 2009
Pima County Rural Transportation Service
Marana Rural Route Service
Total Route Cost (Contractor hourly rate times $121,635.00
service hours minus fare collected)
Federal Share (Section 5311) funds $60,817.50
Local Share $60,817.50
Total Local Share $60,817.50
Town of Marana Share (54.8% of Total Local Share) $33,327.99
Sun Tran Service
Route 16 miles within the Town of Marana @ 1.3 miles
per trip, 27 trips /weekday, 13 trips/Saturday
255 weekdays and 52 Saturdays in FY 0809
Total Sun Tran miles in Marana 9,828.00
Net Sun Tran Cost per Mile (From COT IGA for FY 0809) $4.16
Mileage Cost ( Net cost per mile times total miles) $40,884.48
Sun Train Cost $40,884.48
Sub-Total Rural Route plus Sun Tran $74,212.47
Cost to provide paratransit service including
eligibility, appeals and transportation.
Not to exceed $300,000.00
Grand Total Town of Marana Cost (Sun Tran plus Rural) $374,212.47
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