HomeMy WebLinkAboutValley Regional Transit Public Transportation Financial Contribution 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
2021 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 requeststhrough 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 the not to exceed amount of $575,647 for City to contribute
to support services, capital and regional overhead expenses. City has budgeted the same not
to exceed 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.
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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 2021, and will terminate
on the 30th day of September 2022, 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 the not to exceed amount of $575,647 to Authority for Fiscal Year 2022
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 FY2022 budget to support services within City's jurisdiction.
(c) For Authority to leverage City's contribution with matching federal funding to 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, special assessment and capital assessment of
$250,395 within 30 days of invoice; service assessment of $174,959 in four quarterly
payments and pro rata service of $150,293 in quarterly pro-rated payments once service
starts as shown in the payment schedule in Exhibit 1.
(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
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Section 5. Contact Information
(a) Authority point of contact for this agreement is:
Jason Jedry, Controller, Jedry@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 7. 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
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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:
C , 6ej,
1
Kelli Badesheim Robert E. Simison 9-28-2022
Executive Director Mayor
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EXHIBIT 1
FY 2022 CITY OF MERIDIAN SERVICE AND CONTRIBUTION DESCRIPTION
Pursuant to the FY 2022 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.
General Assessment: 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 Assessment: Meridian is served by routes 40 and 42 which run Monday - Friday and
connect Meridian to both Boise and Nampa/Caldwell. VRT also plans to implement route 30
Pine which would operate entirely within Meridian and connect Ten Mile Crossing to
downtown Meridian and Kleiner Park. Service will run Monday - Friday during the commute
period.
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 for routes 40 and 42 was based
on 20.56% of the combined intercountry miles serving Meridian.
Due to the Delta COVID variant and the resurgence of cases, VRT has delayed the start of
the 30 Pine until ridership recovers. To account for this VRT removed all variable costs
related the 30 Pine from the service contribution. Once a date certain is set for the service
to start, a prorated portion of the variable costs will be added to the service request.
Capital Assessment: Supports the maintenance or purchase of physical infrastructure or
assets. The cost allocation model distributes general capital costs by where the service is
provided. Meridian's capital contribution request for FY2022 is based on Meridian's share of
the transit service provided.
Special Assessment: Supports specific activities, projects or programs requested by the City
of Meridian. In FY2022 the City of Meridian special assessments go to support the
operations of Harvest Transit, Rides2Wellness and to continue the Meridian Veteran's
Shuttle service.
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 6,088.
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.
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Meridian Veterans Shuttle provides free transportation for Meridian veterans Monday
Friday from 7:00am to 5:30pm between Meridian and the Boise Veterans Administration
Medical Center.
Payment Schedule
General Special Capital Known Pro Rata
Assessment Assessment Assessment Service Service
Assessment-, lnvestment2
Qtr. 1 $67,526 $170,000 $12,869 $43,739.75 TBD
Qtr. 2 $43,739.75 TBD
Qtr. 3 $43,739.75 TBD
Qtr. 4 $43,739.75 TBD
Total $67,526 $170,000 $12,869 $174,959 Up to
$150,293
1 All fixed costs for planned services on the 40, 42 and 30. All variable costs for the 40
and 42. Excludes all variable costs for the 30 Pine.
2Variable costs for the 30 Pine will be invoiced on a pro rats basis calculated by the
total annual variable costs multiplied by% of the annual service provided, invoiced
quarterly beginning as soon as the service start date is fixed.
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