HomeMy WebLinkAboutRes 2011-28RESOLUTION NO. 2011-28
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC
"TRANSPORTATION AUTHORITY RELATING TO THE ON- DEMAND
SHARED RIDE TRANSPORTATION SERVICES FOR FISCAL YEAR 2011.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN I I ILLS as follows;
SECTION 1. The Amendment to the Intergovernmental Agreement between the Town
of Fountain Hills (the "Town ") and the Regional Public Transportation Authority relating to the
on- demand shared ride transportation services for fiscal year 2011 (the "Amendment ") is hereby
approved in substantially the form attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2. The Mayor, the Town Massager, the Town Clerk and the Town Attorney
are hereby authorized and directed to cause the execution of the Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, June 16, 2011.
FOR TI -IE TOWN OF FOUNTAIN HILLS:
1
J Schlum, Mayor
REVIEWED BY:
Richard L. Davis, Town Manager
15, 1 9279 -1
ATTES'T'ED TO:
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r
APPROVED AS TO FORM:
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Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 2011-28
[Amendment]
See following pages.
1519279.1
AGREEMENT NO. 12448- 2010 -01
12448 -2010
INTERGOVERNMENTAL AGREEMENT AMENDMENT #1
BETWEEN
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
AND
THE TOWN OF FOUNTAIN HILLS
(Funding Agreement — On- Demand Shared Ride Transportation Services FY- l 1)
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (this "First
Amendment ") is made and entered into June _, 2011, by and between the Regional Public
Transportation Authority, a public agency duly organized and existing under the laws of the State of
Arizona (hereinafter referred to as the "RPTA ") and the Town of Fountain Hills, a municipal
corporation duly organized and existing under the laws of the State of Arizona (hereinafter referred
to as the "TOWN ").
RECITALS
A. The Town and RPTA entered into that certain intergovernmental agreement for
funding special transportation services dated August 20, 2009, Agreement No. 124 -48- 2010 -01 (the
"Agreement "), the initial term of which ended on June 30, 2010, and which was able to be extended
for additional one -year periods.
B. The Town and RPTA continued under the terms of the Agreement into one renewal
term commencing on July 1, 2010, which renewal term ends on June 30, 2011.
C. The Town and RPTA desire to amend the Agreement to memorialize the conditions
under which the parties have operated since July 2, 2010 and to provide for termination of the
Agreement (as amended by this First Amendment) on June 30, 2011.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the promises and covenants set forth below, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Town's Obligations. Section 1, Subsection A, Paragraph 4 of the Agreement is
hereby amended to read as follows:
SECTION 1: UNDERTAKINGS OF THE PARTIES
A. TOWN's Obligations
4. In exchange for the Services, the TOWN shall pay RPTA monthly for
any Services provided at the costs as set forth in the Cost Schedule,
1439689.2
attached hereto as Schedule A and incorporated herein by reference.
The Town and RPTA expressly agree and understand that the total
cost for the Services shall not exceed a total aggregate amount of
$104,000.00 over the term of this Agreement, and that the Town's
total obligations to fund such costs is limited to (a) payment of the
"Community Contribution" indicated on Schedule A and (b)
permitting the use of the "PTF — ADA (3)" amounts shown on
Schedule A. RPTA is solely responsible for the amounts on Schedule
A shown as "New Freedom Grants." There is a 5% administrative fee
that is billable to the TOWN on a per invoice basis. The 5% is
included in the total aggregate amount of $104,000.00.
2. Civil Rights. Section 3, of the Agreement is amended by adding a new
Subsection K to read as follows:
SECTION 3: GENERAL PROVISIONS
K. Civil Rights. The parties agree that as a condition of this Agreement they
will each comply with all applicable civil rights laws and regulations, in
accordance with applicable Federal directives, except to the extent that the
Federal government determines otherwise in writing. These include, but are
not limited to, those civil rights laws and regulations set forth on Exhibit B,
as such civil rights laws and regulations may be amended from time to time.
3. Attachments. Schedule A of the Agreement is hereby deleted and replaced with a
new Schedule A in the form attached hereto as Exhibit 1 and incorporated herein by reference.
The Agreement is further amended by adding a new Exhibit B in the form attached hereto as
Exhibit 2 and incorporated herein by reference.
[SIGNATURES ON FOLLOWING PAGES]
1439689.2 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of
the date and year first set forth above.
"Town„
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
Richard L. Davis, ToNvn Manaucr
ATTEST:
Bevelyn J. Be er, tdNvn Clerk
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"Contractor"
REGIONAL PUBLIC,
TRANSPORTATION AUTI- IOIZITY, an
Arizona public agency
ITavid V %, ►0-
REVIEWED BY:
J n edwin, Contracts and Procurement
a ages
REVIEWED BY:
ichael Tay , sting Deputy Executive
Director Finance
INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with the requirements of §11- 952(13), Arizona Revised Statutes, each of
the undersigned attorneys acknowledge: (1) that they have reviewed the above Agreement on
behalf of their respective clients; and, (2) that, as to their respective clients only, each attorney
has determined that this Agreement is in proper form and is within (lie powers and authority
granted under the laws of the State of Arizona. /I
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An v J. McGuire,
Fountain Hills Town Attorney
1439689.2 4
EXHIBIT 1
TO
AGREEMENT NO. 124 -48- 2010 -01
124 -48 -2010
INTERGOVERNMENTAL AGREEMENT AMENDMENT #1
BETWEEN
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
AND
THE TOWN OF FOUNTAIN HILLS
(Funding Agreement — On- Demand Shared Ride Transportation Services FY -11)
[Cost Schedule]
See following page.
1439689
EXHIBIT 2
TO
AGREEMENT NO. 124 -48- 2010 -01
124 -48 -2010
INTERGOVERNMENTAL AGREEMENT AMENDMENT #1
BETWEEN
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
AND
THE TOWN OF FOUNTAIN HILLS
(Funding Agreement — On- Dcmand Shared Ride Transportation Services FY -11)
[Federal Requirements]
See following pages.
1439689.2
EXHIBIT B
a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to
comply, and assures the compliance of each subrecipient, lessee, third party contractor, or other
participant at any tier of the Project, with the provisions of 49 U.S.C. § 5332, which prohibit
discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits
discrimination in employment or business opportunity.
b. Nondiscrimination — Title VI of the Civil Rights Act. The Recipient agrees to comply,
and assures the compliance of each subrecipient, lessee, third party contractor, or other
participant at any tier of the Project, with all provisions prohibiting discrimination on the basis of
race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
§§ 2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally- Assisted
Programs of the Department of Transportation — Effectuation of Title VI of the Civil Rights
Act," 49 C.F.R. Part 21. Except to the extent FTA determines otherwise in writing, the Recipient
agrees to follow all applicable provisions of the most recent edition of FTA Circular 4702.1A,
"Title VI and Title VI- Dependent Guidelines for Federal Transit Administration Recipients," and
any other applicable Federal directives that may be issued.
C. Equal Employment Opportunity. The Recipient agrees to comply, and assures the
compliance of each subrecipient, lessee, third party contractor, or other participant at any tier of
the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, with
Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and
implementing Federal regulations and any later amendments thereto. Except to the extent FTA
determines otherwise in writing, the Recipient also agrees to follow all applicable Federal EEO
directives that may be issued. Accordingly:
(1) General. The Recipient agrees that it will not discriminate against any employee
or applicant for employment because of race, color, creed, sex, disability, age, or national origin.
The Recipient agrees to take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, color, religion, sex,
disability, age, or national origin. Such action shall include, but not be limited to, employment,
upgrading, demotions or transfers, recruitment or recruitment advertising, layoffs or
terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
(2) Equal Employment Opportuni + Requirements for Construction Activities. For
activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as "construction,"
the Recipient agrees to comply and assures the compliance of each subrecipient, lessee, third
party contractor, or other participant, at any tier of the Project, with all requirements of U.S.
DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq.; with implementing Executive
Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,"
42 U.S.C. § 2000e note, and with other applicable EEO laws and regulations, and also agrees to
1439689.2
follow applicable Federal directives, except as the Federal Government determines otherwise in
writing.
d. Disadvantaged Business Enterprise. To the extent authorized by Federal law, the
Recipient agrees to facilitate participation by Disadvantaged Business Enterprises (DBEs) in the
Project and assures that each subrecipient, lessee, third party contractor, or other participant at
any tier of the Project will facilitate participation by DBEs in the Project to the extent applicable
as follows:
(1) The Recipient agrees and assures that it shall comply with section 1101(b) of
SAFETEA -LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs," 49 C.F.R. Part 26.
(2) The Recipient agrees and assures that it shall not discriminate on the basis of race,
color, sex, or national origin in the award and performance of any subagreement, lease, third
party contract, or other arrangement supported with Federal assistance derived from U.S. DOT in
the administration of its DBE program and shall comply with the requirements of 49 C.F.R.
Part 26. The Recipient agrees to take all necessary and reasonable steps as set forth in 49 C.F.R.
Part 26 to ensure nondiscrimination in the award and administration of all subagreements, leases,
third party contracts, and other arrangements supported with Federal assistance derived from
U.S. DOT. As required by 49 C.F.R. Part 26, the Recipient's DBE program approved by U.S.
DOT, if any, is incorporated by reference and made part of the Grant Agreement or Cooperative
Agreement for the Project. The Recipient agrees that it has a legal obligation to implement its
approved DBE program, and that its failure to carry out that DBE program shall be treated as a
violation of the Grant Agreement or Cooperative Agreement for the Project and this Master
Agreement. Upon notification by U.S. DOT to the Recipient of the Recipient's failure to
implement its approved DBE program, U.S. DOT may impose the sanctions as set forth in
49 C.F.R. Part 26 and may, in appropriate cases, refer the matter to the appropriate Federal
authorities for enforcement under 18 U.S.C. § 1001, or the Program Fraud Civil Remedies Act,
31 U.S.C. §§ 3801 et seq., or both.
e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with all
applicable requirements of Title IX of the Education Amendments of 1972, as amended,
20 U.S.C. §§ 1681 el seq., and with implementing U.S. DOT regulations, "Nondiscrimination on
the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,"
49 C.F.R. Part 25, that prohibit discrimination on the basis of sex.
f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with all
applicable requirements of:
(1) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and
with implementing U.S. Health and Human Services regulations, "Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R.
Part 90, which prohibit discrimination against individuals on the basis of age in the
administration of programs or activities receiving Federal financial assistance.
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(2) The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through
634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC)
regulations, "Age Discrimination in Employment Act," 29 C.F.R. Part 1625, which prohibits
discrimination against individuals on the basis of age.
g. Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C.
§ 5301(d), which states the Federal policy that elderly individuals and individuals with
disabilities have the same right as other individuals to use public transportation services and
facilities, and that special efforts shall be made in planning and designing those services and
facilities to implement transportation accessibility rights for elderly individuals and individuals
with disabilities. The Recipient also agrees to comply with all applicable provisions of section
504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of programs or activities receiving
Federal financial assistance; with the Americans with Disabilities Act of 1990 (ADA), as
amended, 42 U.S.C. §§ 12101 el seq., which requires that accessible facilities and services be
made available to individuals with disabilities; with the Architectural Barriers Act of 1968, as
amended, 42 U.S.C. §§ 4151 el seq., which requires that buildings and public accommodations
be accessible to individuals with disabilities; and with other laws and amendments thereto
pertaining to access for individuals with disabilities that may be applicable. In addition, the
Recipient agrees to comply with applicable implementing Federal regulations, and any later
amendments thereto, and agrees to follow applicable Federal implementing directives, except to
the extent FTA approves otherwise in writing. Among those regulations and directives are:
(1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities
(ADA)," 49 C.F.R. Part 37;
(2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27;
(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB) /U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
(4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and
Local Government Services," 28 C.F.R. Part 35;
(5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
(6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations
for the Physically Handicapped," 41 C.F.R. Subpart 101 -19;
(7) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630;
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8) U.S. Federal Communications Commission regulations, "Telecommunications
Relay Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled," 47 C.F.R. Part 64, Subpart F;
9) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 C.F.R. Part 1194;
10) FTA regulations, "Transportation for Elderly and Handicapped Persons,"
49 C.F.R. Part 609; and
11) Federal civil rights and nondiscrimination directives implementing the foregoing
Federal laws and regulations, except to the extent the Federal Government determines otherwise
in writing.
h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. To the extent
applicable, the Recipient agrees to comply with the confidentiality and civil rights protections of
the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et seq., the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970, as amended, 42 U.S.C. §§ 4541 et seq., and the Public Health Service Act of 1912, as
amended, 42 U.S.C. §§ 290dd through 290dd -2, and any amendments thereto.
i. Access to Services for Persons with Limited English Proficiency. The Recipient agrees to
facilitate compliance with the policies of Executive Order No. 13166, "Improving Access to
Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d -1 note, and follow
applicable provisions of U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients'
Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087,
December 14, 2005, except to the extent that FTA determines otherwise in writing.
j. Environmental Justice. The Recipient agrees to facilitate compliance with the policies of
Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority
Populations and Low - Income Populations," 42 U.S.C. § 4321 note, except to the extent that the
Federal Government determines otherwise in writing.
k. Other Nondiscrimination Laws. The Recipient agrees to comply with applicable
provisions of other Federal laws and regulations, and follow applicable Federal directives
prohibiting discrimination, except to the extent the Federal Government determines otherwise in
writing.
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