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HomeMy WebLinkAboutValley Regional Transit FY21 Cooperative Agreement Public Transportation Financial Contribution - signed Item#16. 0��WEII IDIAN:--- MEMO TO CITY COUNCIL Consent Agenda Item on the City Council Agenda From: Miranda Carson, Coordination Planner Meeting Date: March 23, 2021 Topic: Valley Regional Transit FY21 Cooperative Agreement Attached is the FY 2021 Cooperative Agreement between Valley Regional Transit(VRT) and the City of Meridian. Action is being requested on the Cooperative Agreement which includes: 1. FY21 contract cost of$272,284. a. This is lower than the $422,706 budget cost approved by Council for FY21. The reduction is due to the delay of the new local service (Ten Mile to The Village route). b. This cost has an applied a credit in the amount of$51,250 from funds paid to VRT in FY20 for the new local service (Ten Mile to The Village route) that has been delayed. In approving the contract as is,the credit will be applied to City service costs incurred in FY21. FY2021 Initial Request FY2021 Updated Request Annual Assessment $62,941 $62,941 $170,442 Local Service -$51,250 credit $119,192 $0 Limited Stop Service $54,722 $54,722 Express Service $32,457 $32,457 Harvest Transit $132,414 $132,414 Rides2Wellness $41,000 $41,000 -$51,250 credit Requested Total 1 $442,706 $272,284 2. Pilot expansion of the Rides2Wellness program to provide rides to veterans between the City and the Veterans Administration (VA) in Boise at no additional cost in FY21. Page 397 Item#16. COOPERATIVE AGREEMENT BETWEEN VALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR PUBLIC TRANSPORTATION FINANCIAL CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1st day of October 2020 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("Authority"), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("City") RECITALS a. Authority is the regional public transportation authority created to serve Ada and Canyon Counties, pursuant to Chapter 21, Title 40, Idaho Code, and as a result of November 3, 1998 public referendum. Authority provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon counties. b. City is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code § 40-2109(7) provides that Authority may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code § 67-2328, which expressly authorizes public agencies to enter into agreements with one another for cooperative action for purposes within the power, privilege, or authority of said agencies. d. Idaho Code § 40-2110 provides that counties, cities, highway districts and other governmental entities in the region may enter into cooperative agreements with the regional public transportation authority in order to contribute funds from any source in recognition of costs of the authority. e. Authority develops funding requests through an approved cost allocation methodology. There are four categories involved in generating the initial funding request: general assessments, service and capital contributions, and special assessments. f. Authority has budgeted $272,284 for City to contribute to support services, capital and regional overhead expenses. City has budgeted the same amount representing the City's fair share of support for services, capital, and regional overhead, as set forth in Exhibit 1. g. Authority generally follows the allocation methodology to designate how City contributions are used. However, Authority may leverage City contributions as local match to optimize utilization of both local and federal sources of funding to ensure the most effective use of all revenue sources. Page 1 of 5 Page 398 Item#16. AGREEMENT NOW, THEREFORE, in consideration of foregoing recitals, which are made a part of this Agreement and not mere recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Section 1. Term This Agreement shall be in effect from the 1st day of October 2020, and will terminate on the 30th day of September 2021, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose The purpose of this Agreement is: (a) For City to pay $272,284 to Authority for Fiscal Year 2021 expenses pertaining to services, capital, and regional overhead required to support the regional transportation services within the City's jurisdiction, as set forth in Exhibit 1. (b) For Authority to use City's contribution for service, capital, and regional overhead expenses included in the annual FY2021 budget to support services within City's jurisdiction. (c) For Authority to leverage City's contribution with matching federal fundingto optimize all revenue sources available for operations, capital, and regional overhead. Section 3. Compliance Authority, in using said City's contribution shall comply with all conditions required by applicable federal, state and local laws and regulations, and shall maintain, in accordance with generally accepted accounting practices and principles, records and books of account regarding said assessments and operating costs. Section 4. Payment (a) City shall pay its general assessment and service contribution of $272,284 within 30 days of invoice. (b) Authority shall provide City a quarterly status report on capital or other special projects. (c) Payment shall be made directly to Authority at the following address, unless City is notified in writing by Authority of a new address: Valley Regional Transit 700 NE 2nd St Suite 100 Meridian, Idaho 83642 (d) City's address, for the purpose of invoice, notice or correspondence, unless Authority is notified in writing by City of a new address, is as follows: City of Meridian 33 E. Broadway Meridian, Idaho 83642 Page 2 of 5 Page 399 Item#16. Section 5. Contact Information (a) Authority point of contact for this agreement is: Jason Jedry, Controller,iiedry@valleyregionaltransit.org, 208.258.2709 (b) City point of contact for this agreement is: Miranda Carson, Comprehensive Associate Coordination Planner, mcarson@meridiancity.org Section 6. Miscellaneous (a) Each party hereto represents and warrants that each person executing this Agreement on behalf of such party is, at the time of such execution, duly authorized to do so by such party's governing body, and is fully vested with the authority to bind such party in all respects. (b) If any provision of this Agreement is held invalid, illegal, or unenforceable, the remainder shall be construed to conform to the intent of the parties, and shall survive the severed provisions. (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between Authority and City concerning the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party. (d) The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. (e) This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third party beneficiary rights in any person not a party hereto. (f) This Agreement shall be binding on the parties hereto, and their successors and assigns. Section 6. Indemnification To the extent permissible by law,Authority shall indemnify, defend, protect and hold harmless City, and it's officers, agents and employees, from and against any and all liabilities, losses, suits, claims,judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof(including but not limited to attorney fees, court costs, and expert fees), of any nature whatsoever (collectively, "Claims") arising out of or incident to this Agreement, and any renewal or extension thereof, and arising out of or caused by the negligent or intentional acts or omissions of Authority, it's officers, agents and employees, regardless of where the injury, death, or damage may occur, except to the extent any such Claims arise out of or are caused by the negligent or intentional act or omission of City or its officers, agents and employees. City shall give to Authority reasonable notice of any such Claims. Authority shall notify City of the counsel to be used in carrying out its obligations hereunder. City must state any reasonable objection that it may have regarding the use of said counsel. The provisions of this section shall be deemed to be a separate contract between the parties and shall survive the expiration or any default, termination or forfeiture of this Agreement, and any renewal or extension thereof. Notwithstanding anything to the contrary in the foregoing, City's right to indemnification pursuant to the foregoing shall be limited to indemnification for such Page 3 of 5 Page 400 Item#16. Claims for which City incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by Authority under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act(ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of Authority shall be personally liable to City under this Agreement, (ii) with respect to third party Claims, both Authority and City expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of Authority to hold harmless or indemnify City shall be limited to, and be payable only from, Authority's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: City of Meridian: Kelli Badesheim Robert E. Simison 3-23-2021 Executive Director Mayor Page 4 of 5 Page 401 Item#16. Claims for which City incurs actual liability or expense. The foregoing indemnification includes, without limitation, any Claim arising out of or caused by the noncompliance of any services, programs, or activities provided by Authority under this Agreement with all applicable federal, state, and local statutes, regulations, and requirements, including, but not limited to, the Americans with Disabilities Act(ADA). Notwithstanding anything to the contrary in the foregoing, (i) no employee or officer of Authority shall be personally liable to City under this Agreement, (ii) with respect to third party Claims, both Authority and City expressly reserve any and all of the privileges and immunities available to them, if any, under Idaho law, and (iii) the agreement of Authority to hold harmless or indemnify City shall be limited to, and be payable only from, Authority's available insurance or self-insurance coverage for liability assumed by contract available as a part of its general liability insurance program." EXECUTED and effective as of the date first above written. Valley Regional Transit: City of Meridian: Kelli Badesheim(Apr 27,2021 14:54 MDT) Kelli Badesheim Robert E. Simison 3-23-2021 Executive Director Mayor Page 4 of 5 Page 401 Item#16. EXHIBIT 1 FY 2021 CITY OF MERIDIAN SERVICE AND CONTRIBUTION DESCRIPTION Pursuant to the FY 2021 Cooperative Agreement between Valley Regional Transit (VRT) and the City of Meridian for Public Transportation Financial Contribution, this exhibit outlines the public transportation activities in the four categories used to generate the contribution request. Regional Overhead: Supports regional planning efforts such as service expansion or revisions to improve transit connections and regional operations such as the regional customer service call center and regional transit Information Technology. In accordance with VRT's local cost allocation methodology, these costs are divided by each jurisdictions share of the regional population. Service Contribution: Meridian is served by routes 40 and 42 which run Monday - Friday and connect Meridian to both Boise and Nampa/Caldwell. VRT's cost allocation methodology distributes the costs of service proportionately to the miles travelled in each jurisdiction served. Approximately 21% of routes 40 and 42 operate within the City of Meridian. Meridian's service contribution was based on a total of 2,240 annual hours of fixed route service to support. Routes Total Annual Hours of Percent of Revenue Annual Hours of Service Miles in Meridian Service for Meridian 40, 42 10,897 20.56% 2,240 Capital Contribution: Supports the maintenance or purchase of physical infrastructure or assets. There were no capital contributions requested in FY2021. Special Assessment: Supports specific activities, projects or programs requested by the City of Meridian. In FY 2021 the City of Meridian special assessments go to support the operations of Harvest Transit and Rides2Wellness. Harvest Transit provides free transportation for seniors, persons with disabilities, and veterans from 9 a.m. to 3 p.m. Monday through Saturday within a designated service area in Meridian. The budgeted annual hours of service for Harvest Transit are 5,196. Rides2Wellness provides free transportation to eligible riders to medical appointments at participating clinics. Costs for this program are assessed on a per ride basis. The budgeted annual rides for Rides2Wellness is 13,297. The Federal Transit Administration provides a 50% match for local contributions to this program. Local contributions to this program come from St. Luke's, St. Alphonsus and the City of Meridian. Funding made available through the Coronavirus Aid, Relief and Economic Security (CARES) Act have also made it possible to pilot a service between Meridian and the Boise Veterans Administration Medical Center. The budget for this pilot is based on 2,600 annual rides. Funding for this pilot beyond FY 2021 is yet to be determined. Page 5 of 5 Page 402 Valley Regional Transit FY21 Cooperative Agreement Public Transportation Financial Contribution Final Audit Report 2021-04-27 Created: 2021-04-27 By: Jason Jedry Qjedry@valleyregionaltransit.org) Status: Signed Transaction ID: CBJCHBCAABAA2NavVN1axgNrr2ohpnJc7civM3tfOcY7 "Valley Regional Transit FY21 Cooperative Agreement Public Tr ansportation Financial Contribution" History Document created by Jason Jedry (jjedry@valleyregionaltransit.org) I2021-04-27-3:56:52 PM GMT-IP address:72.24.166.43 Document emailed to Kelli Badesheim (kbadesheim@valleyregionaltransit.org) for signature 2021-04-27-3:58:29 PM GMT Email viewed by Kelli Badesheim (kbadesheim@valleyregionaltransit.org) 2021-04-27-8:53:41 PM GMT-IP address:65.129.120.22 Document e-signed by Kelli Badesheim (kbadesheim@valleyregionaltransit.org) Signature Date:2021-04-27-8:54:15 PM GMT-Time Source:server-IP address:65.129.120.22 Agreement completed. 2021-04-27-8:54:15 PM GMT Adobe Sign