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HomeMy WebLinkAboutRes 2014-32RESOLUTION NO.2014-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY RELATING TO TRANSIT SERVICES. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.The Intergovernmental Agreement with the Regional Public Transportation Authority relating to transit services (the "Agreement")is hereby approved in substantially theformand substance attached hereto as Exhibit Aand incorporated herein by reference. SECTION 2.The Mayor,the Town Manager,the Town Clerk andthe Town Attorney are hereby authorized and directed to cause the execution of the Agreement andtotakeall steps necessary to cany outthe purpose and intent of this Resolution. PASSED AND ADOPTED bythe Mayor and Council of the Town of Fountain Hills, Arizona,June 19,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: cmda M.Kavanagh,Mayor Bevelyn J.Benaer,Tpwn Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 2180707.1 2180707.1 EXHIBIT A TO RESOLUTION NO.2014-32 [Agreement] See following pages. TRANSIT SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS ("Member") AND THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY Contract #124-75-2015 THISTRANSITSERVICESAGREEMENT("Agreement")ismadeandenteredinto this 1stdayof July,2014 by and between the Town of Fountain Hills,a Arizona municipal corporation (hereinafter referred toas "Member")andthe Regional Public Transportation Authority,a political subdivision ofthestateof Arizona (hereinafter referred toas "RPTA"). MemberandRPTAare collectively referredtoasthe "Parties." RECITALS WHEREAS,Member hasstatutoryauthorityto provide transitservicesandtoenterinto agreements withotherentitieswithinMaricopaCountytoprovidetransitservices (A.R.S. Section 11-951,etseq.);and, WHEREAS,RPTA isa political subdivision of thestate of Arizona,established forthe purpose of planningand providing public transportation services(A.R.S.Section48-5121; A.R.S.Section 48-5101,etseq.);and, WHEREAS,asapolitical subdivision of thestate of ArizonaRPTA"maycontractand enterintostipulations of anynaturetodoallactsnecessaryandconvenientforthefullexercise of itspowersgrantedunderA.R.S.Section48-5101,etseq.,includingenteringinto intergovernmentalagreementswithothergovernmentalentities(A.R.S.Section 11-951,etseq.); and, WHEREAS,RPTAis willing to provide,and Member is willing to purchase orreceive transportation services as detailed inthis Agreement;and, 1 FOUNTAINHILLS TRANSIT SERVICES IGA 2014 14 WHEREAS,transit activities areone of thosetypes of activities authorized pursuant to the aforementioned statutory and other authority, AGREEMENT NOW,THEREFORE,for and in consideration of the mutual covenants and considerations herein contained,itis agreed bythe Parties asfollows: SECTION 1.DEFINITIONS The following capitalized termsshallhavethefollowing meaning whenusedinthis Agreement,unless a different meaning is clearly intended: "RPTA"meansthe Regional Public Transportation Authority,a political subdivision of the State of Arizona. "Member"means the Town of Fountain Hills,Arizona municipal corporation anda community within the service area of the Regional Public Transportation Authority (RPTA). "Effective Date"means the date on which rights granted hereunder become operative,as specified in Section 6 hereof. "Force Majeure"means any event which:(i)causes either party tobe unable to perform under this agreement;and(ii)is outside the reasonable control of the party unable to perform and could notbe avoided by such party through the exercise of duecare.Force Majeure events include,without limitation:terrorists,earthquakes,fires,floods,tornadoes,wars,labor strikes or similar accidents,disputes or similar events. 2 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SECTION 2.SCOPE OF AGREEMENT Duringtheterm of thisagreementRPTAshallprovidethe following services: TheRide Choice Program (Schedule D):Ride Choice isa program which provides subsidizedtaxicabservicestoFountainHillsresidentswhohavequalifyingdisabilitiesand/or whoare65years of ageormore.Eachqualifyingresidentwillreceiveupto$100.00 of taxicab serviceper month.Theriderwillpay25%ofthecost,andtheTownwillpaythe remaining 75%. Americans with Disabilities Act (ADA)Public Transportation Funds (PTF)(Schedule E) TheRPTAshalltransfertotheMember funds allocatedbytheBoardofthe RPTA,and specified inScheduleE,forthepurposes of reimbursingMemberforthecosttoprovideParatransit servicestoADAcertified individuals.TheMembershallsubmitaPTF Reimbursement Request Form,Attachment A,certifyingthatthecostshavebeenincurredandareeligiblefor reimbursement. SECTION 3.RPTA'S OBLIGATIONS: 3.1 With respect tothe services provided hereunder,RPTA,shall: a.Provide Fixed Route Bus,Dial-a-Ride Paratransit Services or other transit services,administrative services,equipment,personnel and management services directly or through contractors,as provided inthisAgreement. The RPTA shall ensure that the contractor(s)are duly qualified,licensed, trained,andhave adequate equipment to perform services under this Agreement; b.Draft and secure approval for annual operating budgets; c.Intentionally deleted; d.Administer the RideChoice Program. e.Select,oversee and manage the RideChoice contractor andany subcontractors utilized for this program. 3 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 f.Createmarketingmaterials,includingbrochures,applicationsandother documents intended toinformthepublicaboutthe RideChoice program. g.AcceptapplicationsforRideChoiceserviceandmakedeterminationsof eligibilitybasedonguidelinesagreedtobytheparties. h.Forward information for eligible riderstothe RideChoice contractor,who willbe responsible forenrollingtheriderintheprogram,forprovidingthe farecardandforprovidingcustomerserviceandsupporttotherideras he/she uses the RideChoice program. i.Providing monthly reports and invoices tothe Town. j.ManagingthebudgetwhichtheTownhasestablishedfortheRideChoice program. 3.2The RPTA andthe Member may conduct service and financial audits,as required, of any Services provided hereunder. 3.3By February 21 of each year,the RPTA shall provide the Member with a detailed written budget estimate forthe provision of transit Services,including the expected sources and amounts of fundingforthenextfiscalyear.If the Member approves the budget estimate,RPTA shall prepare an amendment tothis Agreement for Member approval of the budget estimate. SECTION 4.TOWN'S OBLIGATIONS: 4.1 With respect tothe services provided hereunder,Member,shall: a.If Member desires services in addition tothe Services originally approved inthe schedules hereto,Member shall provide funding adequate to finance such services over and above funding provided bytheRPTAand Member. b.Intentionally deleted; c.The Member may purchase andinstallbusstop signs and associated amenities; d.The Member shall provide advicetotheRPTAandtoany operator providing service required bythis Agreement inthe preparation and amendment of service plans; 4 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 e.Collaborate withValleyMetroon eligibility guidelines forthe RideChoice program. f.Assist Valleymetrowith marketing and outreach as necessary. g.Establish and communicate theannual budget forthe program. 4.2 Member does hereby agreeto participate inthe Valley Metro Program(s)defined in Section 2 of this agreement. 4.3 Transit Life Cycle Program:Intentionally deleted. SECTIONS.TERM OF AGREEMENT This Agreement shall be operative foran indefinite term tobe amended onan annual basisas service needsandas PublicTransportation Fund(PTF)reimbursements areagreed.The Parties donot intend that the term of this Agreement shall exceed any limitation imposed bylaw, including,without limitation,thelaws of theState of Arizona,andagreeto comply with any applicable requirements of such lawsin connection with any renewal of theterm of this Agreement. SECTION 6.EFFECTIVE DATE This Agreement shalltake effect only after ithas been approved by Member's Council, approved bytheRPTABoard of Directors,executed bytheduly authorized officials of each of the Parties,approved bythe Parties'respective counsel. 5 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SECTION 7.GENERAL CONDITIONS A.Records and Audit All books,accounts,reports,filesand other records relating tothis Agreement under the custody or control of RPTA or its contractors shall be subject,atall reasonable times,to inspection and audit by Member and RPTA forfive(5)years after completion of this Agreement.Such records shallbe produced at RPTA offices asand when requested by Member. B.Covenant Against Contingent Fees Both Parties warrant that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding fora commission, percentage,brokerage or contingent fee;andthatno member of Congress,no member of the Member's Council or the RPTA Board of Directors,and no officer,agent,or employee of the Town or RPTA hasany interest,financially or otherwise,inthis Agreement. C.Alteration in Character of Work Minor alterations inthe character of work shallbe authorized in writing by Member and acknowledged by RPTA byletter. D.Termination (and/or Changes in Service) Member andRPTAherebyagreetofull performance of the covenants and obligations containedherein,exceptthateachreservestheright,atitsoptionand solediscretion,toterminateorabandontheserviceprovidedforinthis Agreement,orany portion thereof. Termination of this Agreement maybeatanytimeandforanyreason,withor withoutcause,uponprovidingninety(90)calendardayspriorwrittennoticeto theotherParty.Terminationshallbeeffectedbydelivery of aNotice of Termination specifying the extent to which performance of work under the 6 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 Agreementisterminated,andthedateuponwhichsuch termination becomes effective. Upontermination,RPTAshallcalculateactualexpensesincurreduptoand including thedate of termination and (if termination wasatthe election of Member)anypenaltyorcostswhatsoever(including,butnotlimitedto,anycosts of suchterminationasaresult of Section49 U.S.C.1609[formerlySection 13(c) of theFederalTransitAct of 1964,asamended]togetherwithanypenaltyorcosts imposedby other funding sources andany related labor costs(thetotal of which is hereinafter referredtoas "termination costs").If Member haspaidRPTAsumsin excess of theterminationcosts,RPTAshallrefundtheexcess;if Memberhaspaid RPTAan amount lessthanthe termination costs,then Member shallpaytoRPTA an amount equal to the difference between the termination costs andthe amount thatMemberalreadyhaspaidunderthisAgreement.Upon termination of this Agreement,all property usedin connection withthis Agreement willbepromptly returned tothe Party holding title thereto,not considering anystateorfederal funding.Final payment shallbemade within sixty (60)calendar daysafterthe termination of service. SECTION 8.ADDITIONAL WORK This Section is intentionally left blank. SECTION 9.AGREEMENT NON-ASSIGNABLE RPTA maynot assign or otherwise transfer any of its rights or obligations hereunder toa third Party without the express prior written consent of Member,which maybe granted or withheld by Member inits sole and absolute discretion.Any assignment or transfer without such prior written consent shall be void. 7 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SECTION 10.INDEMNIFICATION Exceptforclaimsarisingsolelyand exclusively fromthenegligentorwillfulactsor omissions of Member,itsofficers,officials,agentsor employees (hereinafter referredtoas "Indemnitee"),RPTAshallindemnify,defend,saveandholdtheIndemniteeharmlessfromand againstanyandallclaims,actions,liabilities,damages,losses,expensesandcosts(including courtcosts,attorneys'feesandcosts of claimprocessing,primarylossinvestigationand litigation)(hereinafterreferredtoas"Claims")forbodilyinjuryorpersonalinjury(including death),lossordamagetotangibleproperty:(1)arisingunderthisAgreement,or(2)caused,or allegedtobecaused,inwholeorinpart,bythenegligentorwillfulactsoromissions of RPTA orany of itsowners,officers,directors,agents,contractororemployees,includingemployees fromthe Member assigned to work fulltimeforRPTA. Itisthespecificintent of thePartiestothiscontractthatthe Indemnitee shall,inall instancesexceptforlossordamageresultingfromthesoleand exclusive negligence of the Indemnitee,be indemnified againstallliability,lossordamage of anynature whatever fororon account of any injuries toorthe death of any person or damages toorthe destruction of property belonging toany person,arising out of orinanyway connected withthe performance of this Agreement. SECTION 11.INSURANCE RPTA will maintain in force the insurance program approved the by RPTA Board of Directors and included in RPTA's fiscal year budgets. SECTION 12.DEFAULT Either Party shallbe deemed in default under this Agreement upon thefailure of such Party to observe or perform any material covenant,condition or agreement onits part tobe observed or performed hereunder,andthe continuance of such failure fora period of thirty (30) days after written notice bythe other Party,as required herein.Such notice shall specify the failureandrequestitberemedied,unlessthePartygivingnoticeagreesinwritingtoan extension of thetime period prior toits expiration.However,if the failure stated inthe notice 8 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 cannot be corrected within the applicable period,itwillnot give rise toa default hereunder if corrective action is instituted within the applicable period and diligently pursued untilthefailure is corrected.Inthe event of a default hereunder,the non-defaulting Party may have a breach of contract claim and remedy against the other in addition toany remedy provided or permitted by law;provided,however,that no remedy that would havethe affect of amending any provisions of this Agreement shall become effective without theformal amendment of thisAgreement. SECTION 13.ISSUE RESOLUTION Any dispute arising out of the interpretation of any provision of this Agreement,any policy matter or the determination of an issue of fact,which dispute is not resolved at staff level, shallbereferredto RPTA's Chief Executive Officer anda representative designated byMember. If,after goodfaith negotiations aimed at reaching an amicable solution,a dispute cannot be resolved,the dispute shall be presented tothe RPTA Board of Directors for resolution.If not resolved atthislevel,the dispute maybe brought before a court of competent jurisdiction in Maricopa County,Arizona. SECTION 14.NOTICE Any notice,consent or other communication ("Notice")required or permitted under this Agreement shall bein writing and either delivered in person,deposited inthe United States mail, postage paid,registered or certified mail,return receipt requested,or deposited withany commercial air courier or express service addresses asfollows: If intended for RPTA: Regional Public Transportation Authority Attention:General Counsel 101 N.1st Avenue,Suite1300 Phoenix,AZ 85003 9 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 If intended for Member: Town of Fountain Hills Attn:Kenneth W.Buchanan,Town Manager 16705 East Avenue of the Fountains Fountain Hills,Arizona 85268 with copyto: Gust Rosenfeld,PLC Attn:Andrew J.McGuire One East Washington Street,Suite 1600 Phoenix,Arizona 85004 Notice shallbe deemed received atthe time itis personally served or,onthe second day after its deposit with any commercial air courier or express service,if mailed,ten (10)days after the notice is deposited inthe United States mailas provided.Anytime period stated ina Notice shallbe computed fromthe time the Notice is deemed received.Either Party may change its mailing address orthe person designated to receive notice by notifying the other Party as provided inthis Section. SECTION 15.AMENDMENT This Agreement may be modified or amended onlybya written document executed by bothRPTAandMember,approved astoformbythe Member Attorney,andmaybefiledwith the Member's Clerk.Such document shall expressly statethatitis intended bythePartiesto amend specifically identified terms and conditions of this Agreement. SECTION 16.INTEGRATION ThisAgreement,together willtheexhibits,instrumentsandotherdocumentsrequiredto beexecutedanddeliveredinconnectionheretorepresentstheentireagreement of theparties withrespecttothesubjectmatterhereof,andallagreementsenteredintopriorheretowith respecttothesubjectmatter hereof arerevokedand superseded bythisAgreement,andno representations,warranties,inducements ororalagreementshavebeenmadebyany of the 10 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 parties except as expressly setforthherein,orinother contemporaneous written agreements. This Agreement maynotbe changed,modified or rescinded except in writing,signedbyall parties hereto,and any attempt at oral modification of this Agreement shall be void and of no effect. SECTION 17.APPLICABLE LAW AND LITIGATION This Agreement shall be governed by,and construed in accordance with,the laws of the State of Arizona.Any andall litigation between the Parties arising fromthis Agreement shallbe litigated solely inthe appropriate state court located in Maricopa County,Arizona. SECTION 18.NON-WAIVER No covenant or condition of this Agreement may be waived by any Party,unless done so in writing.Forbearance or indulgence byany Party inany regard whatsoever shallnot constitute a waiver of the covenants or conditions tobe performed bytheother. SECTION 19.SEVERABILITY Any provision of this Agreement thatis prohibited or unenforceable under thelaws of the State of Arizona shallbe ineffective tothe extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. SECTION 20.BENEFIT AND BINDING EFFECT Thetermsand provisions of this Agreement shallinuretothe benefit of andare binding on RPTA and Member and their respective successors and permitted assigns. SECTION 21.SURVIVAL The indemnifications and limitations on liability provided inthis Agreement shallhave fullforceand effect notwithstanding any other provisions of this Agreement andshall survive any termination or expiration thereof. SECTION 22.FURTHER ASSURANCES The Parties hereto shall execute such other documents andtakesuch other actions asmay be reasonably necessary or proper to achieve the intent and purposes hereof. 11 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SECTION 23.CONFLICTS OF INTEREST All Parties hereto acknowledge thatthis Agreement issubjectto cancellation pursuant to the provisions of Section 38-511,Arizona Revised Statutes. SECTION 24.Intentionally deleted. SECTION 25.CONSTRUCTION AND INTERPRETATION OF AGREEMENT This Agreement,andeach of its provisions,exhibits,termsand conditions,hasbeen reachedthroughnegotiationsbetweentheParties.Accordingly,each of thePartiesexpressly acknowledges andagreesthatthisAgreementshallnotbedeemedtohavebeenauthored, preparedordraftedbyany particular Party,andthattherule of construction thatresolves ambiguitiesagainstthedraftingpartyshallnotbeemployedinthe interpretation of this Agreement. SECTION 26.THIRD-PARTY BENEFICIARIES This Agreement is intended to benefit the corporate and municipal interests of RPTAand Member alone,andno other personshall claim any implied right,benefit or interest insuch services.The Parties donotintendto create rights inor remedies toanythirdpartyasa beneficiary of this Agreement or of anyduty,covenant,obligation or undertaking established under this Agreement. SECTION 27.POLICE POWER The Parties acknowledge the right vested in Member pursuant to general lawto exercise its police power forthe protection of the health,safety and welfare of its constituents and their properties.Nothing inthis Agreement shallbe construed as precluding Member from exercising such powers in connection with the subject matter hereof. 12 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SECTION 28. A.COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT of 1986 (IRCA)and with A.R.S.§23-211 -§23-214. RPTAunderstandsandacknowledgestheapplicability of IRCAand of §23-211 through §23-214,ArizonaRevisedStatutes(A.R.S.),toit.RPTAshallcomplywithIRCAandwith A.R.S.§23-211 through §23-214 in performing under this Agreement.ToensurethatRPTA andits subcontractors complyingwiththe provisions of thisSection,Member shallhavetheright to inspect the personnel and related records and papers of RPTA and of its subcontractors pertaining to individuals performing work under this Agreement. Further,Member is prohibited byA.R.S.§41-4401fromawardinganAgreementtoany contractor who fails,or whose subcontractors fail,to comply with A.R.S.§23-214(A).Forthis reason,RPTA shall ensure that both itand each of its subcontractors arein compliance with the requirements of A.R.S.§23-214(A).In addition,both RPTA and each of RPTA's subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S.§23-214(A). A breach of any of the provisions of this Section shallbe deemed a material breach of this Agreement andis subject to penalties uptoand including termination of the Agreement. SECTION 29.COMPLIANCE WITH THE E-VERIFY PROGRAM 29.1 Warrant of Compliance -Under the provisions of A.R.S.§41-4401,both Parties warrant tothe other that each Party will comply with all Federal Immigration lawsand regulations that relate to their employees and that eachnow complies with the E-Verify Program under A.R.S.§23-214(A). 29.2 Breach of Warranty -A breach of this warranty will be considered a material breach of this Agreement andmay subject the breaching party to penalties uptoand including termination of this Agreement. 29.3 Right to Inspect -Both Parties retain thelegal right to inspect the papers of any 13 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 employeewhoworksonthisContractorsubcontracttoensurecompliancewiththewarranty given above. 29.4 Random Verification -Either Party may conduct a random verification of the employmentrecords of theothertoensurecompliancewiththiswarranty. 29.5 Federal Employment Verification Provisions -No Material Breach.APartywill notbe considered in material breach of this Agreement if it establishes thatithas complied with theemployment verification provisions prescribed by8 USCA §1324(a)and(b)of theFederal Immigration and Nationality Actandthe E-Verify requirements prescribed byA.R.S.§23- 214(A). 29.6 Inclusion of Article in Other Contracts -The provisions of this Article must be included inany contract either Party enters into with anyandall of its contractors or subcontractors who provide services under this Agreement. SECTION 30.CIVIL RIGHTS The parties agree that asa condition of this Agreement they will each comply with all applicable civil rights lawsand regulations,in accordance with applicable Federal directives, except tothe extent that the Federalgovernment determines otherwise in writing.These include, butarenot limited to,those provisions of Section 12 of that certain United States of America Department of Transportation Federal Transit Administration Master Agreement,dated October 1,2009,asmaybe amended fromtimetotime,which provisions are hereby incorporated by reference. SECTION 31.SUBJECT TO APPROPRIATIONS TheTownis obligated onlytopayitsobligationssetforthinthe Agreement asmay lawfullybemadefromfunds appropriated andbudgetedforthat purpose duringthe Town's then currentfiscalyear.The Town's obligations underthisAgreementarecurrentexpensessubjectto the"budgetlaw"andtheunfetteredlegislativediscretion of theTownconcerningbudgeted purposesand appropriation of funds.ShouldtheTownelectnottoappropriateandbudgetfunds 14 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 topayits Agreement obligations,this Agreement shallbe deemed terminated attheend of the then-currentfiscalyeartermforwhichsuchfundswere appropriated andbudgetedforsuch purposeandthe Town shallbe relieved of any subsequent obligation under this Agreement.The partiesagreethattheTownhasno obligation orduty of goodfaithtobudgetorappropriatethe payment of the Town's obligations setforthinthis Agreement tn any-budget inanyfiscalyear other than thefiscal year in which the Agreement is executed and delivered.The Town shall be thesole judge and authority in determining the availability of fundsforits obligations under this Agreement.The Town shallkeepRPTA informed astothe availability of fundsforthis Agreement.The obligation of the Town tomakeany payment pursuant tothis Agreement isnot ageneralobligationor indebtedness of theTown.RPTAherebywaivesanyandallrightsto bring any claim against the Town fromor relating inany way tothe Town's termination of this Agreement pursuant to this section. SECTION 32.INCORPORATION OF EXHIBITS Foreach year during theterm of this Agreement andin coordination with RPTA's adopted fiscalyear budget process,Schedules hereto shallbe revised and incorporated intothis Agreement and made a part hereof as though fully set forth herein. Schedule "A"Intentionally left blank Schedule "B"Intentionally left blank Schedule "C"Intentionally left blank Schedule "D"Ride Choice Schedule "E"Americans with Disabilities Act (ADA)Public Transportation Fund (PTF) Schedule "F"Intentionally left blank Schedule "G"Intentionally left blank 15 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 IN WITNESS WHEREOF,the Parties have each executed this Agreement as of thedate first set forth above. REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) Stephen Gr Banta,Chief Executive Officer APPROVED AS TO FORM: ichael J./Ladino,General Counsel TOWN OF FOUNTAIN HILLS (MEMBER) Linda M.Kavanagh,Mayor, Bevelyn J.Bender,Town Clerk APPROVED AS TO FORM: By:. Andrew J.McGuire,Town Attorney 16 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "A"INTENTIONALLY LEFT BLANK SCHEDULE "B"INTENTIONALLY LEFT BLANK SCHEDULE "C"INTENTIONALLY LEFT BLANK 17 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "D"-RIDE CHOICE The Town of Fountain Hills agrees to participate and financially support the RideChoice Transportation Services program forFiscalYear 2014-2015.The Town of Fountain Hillsshall fundthis project inthe amount of $28,930.00 forthe period July1,2014toJune30,2015.The Town of FountainHillswillpaytheRPTAfortheprojectintwelve(12)monthlyinstallments of $2,410.83.Payment of invoices shall become due within thirty (30)calendar days after the receipt of an invoice fromRPTA. Regional Public Transportation Authority RideChoice Program Town of Fountain Hills Fiscal Year 2014 -2015 Funding: PTF ADA Funds $36,400 Coupon Revenue 13,440 City Contributions 28,930 Total Funding $78,770 Expenditures: Payments to Taxi Cab Companies $57,670 Dialysis Voucher Program 0 Program Cost $57,670 Agency Staff,Overhead,Program Mgmt.16,100 OneTimeSetupFee 5,000 Total Expenditures $78,770 18 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "D"-RIDE CHOICE Cont. RIDECHOICE PROGRAM RideChoiceisthename of theprogramthatincludestheRideChoiceMedicalTripCard andthe RideChoice FareCard.RPTAshallprovidetheservicesrequiredtoadminister,market andmanagetheRideChoiceprogram.The participating Citywillpayforcosts of these Alternative Transportation Services Programs. RIDECHOICE MEDICAL TRIP CARD -Intentional deleted. RIDECHOICE FARE CARD The RideChoice Fare Card program is available to seniors and individuals with disabilities who reside inthe cities of Mesa,Chandler and Tempe andthe Town of Fountain Hills.Any value uptoa maximum of $100 per month maybe purchased/added toa customer's card. How it Works •Individuals must complete a RideChoice application which is intended to gather information needed to verify the individual's eligibility for RideChoice. •Upon receipt of a completed application,Valley Metro staff will review the application and make a determination of eligibility. •Once an individual is deemed eligible,Valley Metro will forward the individual's name, addressand other required information tothe RideChoice contractor.The RideChoice contractor will create an electronic account for the new RideChoice customer. •An eligible RideChoice customer will receive a letter indicating eligibility anda RideChoice Fare Card.Once notified of his/her eligibility,the RideChoice customer will beabletopayupto$25permonthto his/her account.Paymentsmaybemadeviathe Internet or by mail. 19 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 •Uponreceipt of apayment,the RideChoice contractor willaddfourtimesthevalue of the customer's payment tothe customer's RideChoice account.Thisvaluewillbeavailable tothe rider via his/her RideChoice Fare Card.Riders can make payments inany incrementuptoatotal of $25permonth,andriderscancarryunused RideChoice account values forward from one month to the next.At no time can a rider's RideChoice account accumulate more than $300. •Once the RideChoice Customer's account is established and funds are deposited,the customer canuseany of approximately eight taxicab and transportation providers enrolled as RideChoice providers.These companies are under subcontracts to our RideChoice contractor.When taking a trip on RideChoice,the customer calls the company of choice,indicates that he/she isa RideChoice customer,and schedules his/her tripinthesame manner thatany other taxicab customer doesso. •Atthetime of thetrip,the customer swipes his/her RideChoice card upon entering the vehicle and upon exiting the vehicle.This creates a record of the beginning andending points of thetrip,along with thedateandthe identity of therider.Upon the conclusion of thetrip,the value of thetripis automatically deducted fromthe rider's RideChoice account. •Approximately three weeks after the end of each month,the RideChoice contractor providesValleyMetrowithanelectronicfile,showingall RideChoice tripstaken.Data includesthedate,time,pick-up and drop-off locations,the rider's name,themileageand the cost of thetrip.Valley Metro usesthis information to allocate RideChoice costs amongthe participating cities.ValleyMetroprovideseach participating citywitha detailed report showing its share of the RideChoice service. •Becausefundsmaybelimited,Valleymetrocancapenrollmentand/oradjustthesubsidy fora given city or town. ValleyMetroandtheTownwillestablishacapbasedonavailablefunding.Thiscapmaybe adjustedbyValleyMetroatthedirection of FountainHills,basedonavailablefundsorchanges intheamountofservicetobeprovidedtoeacheligible participant.Initially,thiscapissetat40 participants.Oncethecapisreached,nonewparticipantswillbe enrolled.Instead,qualified residentswillbeplacedonawaitinglist.If andwhenparticipantsdrop off theserviceand/orin 20 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 theeventthat Fountain Hillsraisesthecap,Valley Metrowillenroll qualified residentsonafirst come,first served basis until thecapis again reached.This procedure may be amended bythe mutual consent of the parties. 21 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "E"-AMERICANS WITH DISABILITIES ACT (ACT)-PUBLIC TRANSPORTATION FUNDS (PTF)AVAILABILITY For the period July 1,2014 toJune30,2015the maximum amount of Public Transportation Funds (PTF)available forthe Town of Fountain Hills's is $36,400.00.The PTF willpayactual costs for ADA tripsand other requests for Paratransit service madebyADA certified Riders uptothe maximum amount.Afinal reconciliation atfiscal year-end willbe performed and adjustments,if necessary,willbe made using actual ADA eligible costs. Any remaining ADA PTFfundsnot credited uptothe maximum maybe requested by Town for other ADA certified rider eligible expenses,and certified by the Town's chief financial officer or designee.RPTA will reimburse Town within thirty (30)business days based upon availability of funds.Town may request that reimbursements be made electronically.Wire transfers mustbe pre-arranged through the RPTA Finance Department. Maximum amount:$36,400.00 22 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15 SCHEDULE "F"INTENTIONALLY LEFT BLANK SCHEDULE "G"INTENTIONALLY LEFT BLANK 23 FOUNTAINHILLS TRANSIT SERVICES IGA 2014 14 0># ATTACHMENT "A"-PTF EXPENSE REIMBURSMENT REQUEST Regional Public Transportation Authority PTF Expenditure Reimbursement Request 1heinformationprovided will be used bytheRegionalPublic Transportation Authority(RPTA)lomonitor designated leadagency cash flowto ensurecompliancewithARS48-5103.Nofurthermoniesmaybepaidoutunderthisprogramunlessthisreportiscompletedand filed as required. RECIPIENT ORGANIZATION NAME AND ADDRESS TOTAL ELIGIBLE COSTS TOTAL PREVIOUS PAYMENTS CURRENT PAYMENT REQUESTED REMAINING FUNDING PROJECT AGREEMENT NUMBER REPORTING PERIOD (Datos) FROM: REQUEST NO. TO: TOTAL PTF SHARE $S -- $S "~ s $ -- s s -- REQUIRED SIGNATURE This document must be signed by the recipient's Chief Financial Officer or their designated representative. CERTIFICATION icertifythefinancial expenditures submittedfor reimbursement withthisreport,includingsupportingdocumentation,areeligible and allowable expenditures consistent withthe project goals and requirements,have not been previously requested,andthat payment is due.I also certifythatall matching requirements have been metand sufficient documentation exists inourfilesandare available upon request orin the event of an audit. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL DATE REQUEST SUBMITTED TYPED OR PRINTED NAME AND TITLE TELEPHONE Instructions 1.Keep a copy of everything submitted. 2.All project records,including financial records,must be maintained for3 years beyond project completion. ForRPTA use only Date request received: Approved for funds availability Life cycle compliance review (signature/date) "icr Date of funds transfer 24 FOUNTAIN HILLS TRANSIT SERVICES IGA 2014 15