HomeMy WebLinkAboutRes 2017-26RESOLUTION 2017-26
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 TRANSIT SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Amendment to the Intergovernmental Agreement with the Regional
Public Transportation Authority relating to transit services (the "Amendment") is hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. The Mayor, the Town Manager, 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, September 19, 2017.
FOR THE TOWN OF FOUNTAIN HILLS:
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lnda M. Ka nagh, May
REVIEWED BY:
Grady E. WierNown Manager
3037607.1
ATTESTED TO:
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APPROVED AS TO FORM:
An rew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2017-26
[Amendment]
See following pages.
3037607.1
TRANSIT SERVICES AMENDMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
CONTRACT # 124-75-2018
THIS AMENDMENT dated this 1 st day of July, 2017, amends the following items of the
Transit Service Agreement Contract # 124-75-2017 entered into between the Town of Fountain
Hills and the Regional Public Transportation Authority, dated the 1 st day of July 2014 as amended
July 1, 2015 (collectively, the Agreement").
1. The following Sections of the Agreement dated July 1, 2014 are hereby amended to read as
follows:
SECTION 2. SCOPE OF AGREEMENT
During the term of this agreement RPTA shall provide the following services:
Ride Choice Program (Schedule D} This program includes the RideChoice Fare
Card and the RideChoice Medical Trip Card. The programs are for seniors 65 years of
age and over, and individuals with disabilities. The RideChoice Fare Card allows
qualified residents of participating communities to travel using any participating
transportation provider for a specified amount of service per month, at a significantly
reduced cost. Each participating community establishes the level of subsidy which it will
provide for its residents. The RideChoice Medical Trip card allows qualified residents of
participating communities to travel to and from life-sustaining medical services such as
dialysis, chemotherapy or radiation treatments at no cost. Each participating community
pays 100% of the cost of this service for its residents. This program is being phased out
over time and is only available for residents who are already receiving the service.
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FOUNTAINHILLS TRANSIT SERVICES IGA 2017 - 18
SECTION 3. RPTA'S OBLIGATIONS:
With respect to the services provided hereunder, RPTA, shall:
a. Negotiate and coordinate the implementation of operating agreements;
b. Provide Fixed Route Bus, Paratransit Services or other transit services,
administrative services, equipment, personnel and management services
directly or through contractors, as provided in this Agreement. The RPTA
shall ensure that the contractor(s) are duly qualified, licensed, trained, and
have adequate equipment to perform services under this Agreement;
C. Provide marketing and merchandising of services;
d. Draft and secure approval for annual operating budgets;
e. Plan for, prepare changes, and amend service specifications;
f. Invoice the Member on either a monthly or quarterly basis (as agreed upon
by the parties) for service(s) provided to the members, based on a
methodology determined by Valley Metro and its member jurisdictions;
g. Determine, set, and amend as necessary the fare structure for services
provided by the RPTA on behalf of the member jurisdiction;
h. Establish and maintain an informal working group where Valley Metro
staff, staff from the member jurisdiction and other participating member
jurisdictions and other appropriate parties can coordinate and monitor
service and resolve service and contractual performance issues;
i. Provide professional staff as necessary to plan for, develop, contract for,
monitor, and adjust service;
j. Credit Member up to the pre -determined amount of Americans Disabilities
Act (ADA) Public Transportation Funds (PTF) for the transport of ADA
certified riders;
k. Provide and manage a complaint resolution process;
1. Recommend service specifications in consultation with the Member;
M. Provide monthly reports on ridership, revenue collected, and applicable
performance standards on a frequency to be agreed upon between the
parties;
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
n. Accept, research, resolve and report on customer complaints, using the
Valley Metro Complaint Administration System (CAS).
3.2 RPTA will use its best efforts to provide a financial reconciliation within 30
calendar days of the end of each quarter for informational purposes. A reconciliation of all
costs of service (including any administrative fees) shall be conducted after the fiscal year
end. RPTA will use its best efforts to provide such final year-end reconciliation within 60
calendar days after the end of the fiscal year. If it is found that Member has paid more than
its share of the costs of service, RPTA shall credit such overpayment to Member on its next
invoice or refund the money to the Member at the Member's option. If Member has under
paid its share of the cost of services, RPTA shall invoice the underpayment to Member.
Member shall pay all invoices submitted by RPTA within 30 days.
3.3 The RPTA and the Member may conduct service and financial audits, as required,
of any Services provided hereunder.
3.4 The RPTA shall provide program -related data and reports on a monthly basis.
Reports shall be prepared in a format agreed upon between the parties and shall include a
sufficient level of detail so as to permit either party to verify the amount and cost of service
provided to all riders, the amount and cost of service provided to individuals with disabilities
who are ADA paratransit eligible, and to enable the parties to measure the extent to which
each service provider is meeting contractual requirements and performance standards.
3.5 By February 21 of each year, the RPTA shall provide the Member with a detailed
written budget estimate for the provision of transit Services, including the expected sources
and amounts of funding for the next fiscal year. If the Member approves the budget estimate,
RPTA shall prepare an amendment to this Agreement for Member approval of the budget
estimate.
3.6 RPTA shall notify Member of authenticated operations incidents as soon as
practicable.
SECTION 4. Member's OBLIGATIONS:
4.1 With respect to the services provided hereunder, Member, shall:
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
a. If Member desires services in addition to the Services originally approved in the
schedules hereto, Member shall provide funding adequate to finance such services
over and above funding provided by the RPTA and Member.
b. In addition to the funding necessary to pay for actual service or costs, reimburse
the RPTA within 30 days for its costs monthly to, monitor and generally
administer the service within the member's community.
c. Work with Valley Metro staff (as necessary) to research and resolve complaints
made by residents of member's community. Although a resident who wishes to
file a formal complaint about Valley Metro provided services should be referred
to Valley Metro, member acknowledges that it may receive complaints directly.
d. At Member's election, become members of and participate in all meetings,
deliberations, and decisions of any working group established to provide guidance
to Valley Metro for services provided hereunder.
e. With respect to services provided hereunder, the Member shall provide traffic
control and transit priority measures such as turning movements, on Member
streets on regular routes;
f. The Member may purchase and install bus stop signs and associated amenities;
g. The Member shall provide advice to the RPTA and to any operator providing
service required by this Agreement in the preparation and amendment of service
plans;
4.2 If the parties are not able to agree upon renewal terms for the existing Agreement
prior to the expiration of the term of the existing Agreement, the Member may either
terminate this Agreement pursuant to Section 7, D of Members Agreement ## 124-75-2015 or,
make the payments required to be paid under this Agreement on or before July 1 for the new
fiscal year and thereafter for a one hundred eighty (180) day period unless the parties agree
upon renewal terms prior to the expiration of such one hundred eighty (180) day period. For
example, if there is a disagreement with the proposed rate for the new fiscal year, or if the
renewal Agreement is not signed, for any reason, the Member shall make payments at the old
rate (the previous year's rate) until such time that a renewal Agreement can be fully approved
and executed.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
4.3 Member does hereby agree to participate in the Valley Metro Program(s) defined
in Section 2 of this agreement.
4.4 Provide a written ninety (90) calendar day notice for major service changes.
4.5 Transit Life Cycle Program: Member shall comply with all applicable laws,
ordinances, regulations and codes of the federal, state and local governments. In performing
hereunder, Member shall adhere to RPTA's Transit Life Cycle Program and its approved
policies, as they may be amended from time to time, (collectively referred to as the "TLCP").
2. The following Schedules replace and supersede those Schedules of the Agreement entered
into July 1, 2015.
The attached Schedule D replaces and supersedes Schedule D entered into July 1, 2015.
The attached Schedule E replaces and supersedes Schedule E entered into July 1, 2015.
3. In all other respects, the Agreement is affirmed and ratified and, except as expressly
modified herein, all terms and conditions of the Agreement shall remain in full force and effect.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
IN WITNESS WHEREOF, the Parties have each executed this Agreement as of the date
first set forth above.
REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA)
Scott W. Smith, Chief Executive Officer
APPROVED AS TO FORM:
LIM
Michael J. Minnaugh, General Counsel
TOWN OF FOUNTAIN HILLS (MEMBER)
By: ut���
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Grady E. er, wn Manager
It
' / 1
C ,er, Town
APPROVED AS TO FORM:
By: 0, Lu oe��
An ew McGuire, Member Attorney
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
SCHEDULE "D" — RIDE CHOICE
The Town of Fountain Hills agrees to participate and financially support the RideChoice
Transportation Services program for Fiscal Year 2017-2018. The Town of Fountain Hills shall
fund this project in the amount of $0.00 for the period July 1, 2017 to June 30, 2018. The Town
of Fountain Hills will pay the RPTA for the project in twelve (12) monthly installments of $0.00.
Payment of invoices shall become due within thirty (30) calendar days after the receipt of an
invoice from RPTA.
Town of Fountain Hills
Alternative Transportation Program
Fiscal Year 2017-2018
Fundina:
Coupon Revenue
$3,132
New Freedom Grants
0
PTF ADA Funds
13,475
City Contributions
0
Total Funding
$16,607
Expenditures:
Alternative Transportation Program
$12,910
Dialysis Voucher Program
0
Program Cost
$12,910
Agency Staff, Overhead, Program Mg m t.
31697
Total Expenditures
$16,607
Within 60 days of the close of the fiscal year, Valley Metro will conduct a final reconciliation of
the RideChoice program to determine the actual number of trips by city and total expenditures
billable to each participating City. Valley Metro will use this analysis to determine whether any
cities have overpaid or underpaid based on the actual service provided. In the event that either
party owes the other, Valley Metro will either pay the City or invoice the City within 30 calendar
days of acceptance of the final reconciliation by both parties. The City has 30 calendar days to
pay invoices pertaining to this program.
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18
SCHEDULE "E" — AMERICANS WITH DISABILITIES ACT (ACT) — PUBLIC
TRANSPORTATION FUNDS (PTF) AVAILABILITY
For the period July 1, 2017 to June 30, 2018 the maximum amount of Public
Transportation Funds (PTF) available for the Town of Fountain Hills is $13,475.00 The PTF will
pay actual costs for ADA trips and other requests for Paratransit service made by ADA certified
Riders up to the maximum amount. A final reconciliation at fiscal year-end will be performed
and adjustments, if necessary, will be made using actual ADA eligible costs.
Any remaining ADA PTF funds not used up to the maximum reimbursements may be
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 must be pre -arranged through the RPTA Finance Department.
Maximum amount FY 2017-18 $139475.00
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FOUNTAIN HILLS TRANSIT SERVICES IGA 2017 - 18