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HomeMy WebLinkAboutCooperative Agreement with Valley Ride for dues and contribution COOPERATIVE AGREEMENT BETWEEN V ALLEY REGIONAL TRANSIT AND CITY OF MERIDIAN FOR ANNUAL DUES AND SERVICE CONTRIBUTION THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this 1st day of September 2005 by and between VALLEY REGIONAL TRANSIT, a regional public transportation authority authorized under Chapter 21, Title 40, Idaho Code ("VRT'), and the City of Meridian, a municipal corporation organized, existing and authorized under Chapter 1, Title 50, Idaho Code ("Member") RECITALS A. VRT 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. VRT provides publicly funded or publicly subsidized transportation services and programs in Ada and Canyon Counties. B. Member is a municipal corporation authorized under Chapter 1, Title 50, Idaho Code. C. Idaho Code S 40-2109(7) provides that VRT may enter into cooperative agreements with the state, other authorities, counties, cities and highway districts under the provisions of Idaho Code S 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 S 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. There are two primary programs which VRT budgets and funds each year. First, VRT budgets and establishes annual dues for its regular and special members, with dues for its regular members calculated pursuant to a population based formula, and dues for its special members calculated pursuant to a negotiated amount. Second, VRT budgets and establishes service contribution requirements to support the operation of motor bus services within the Nampa Urbanized Area and the Boise Urbanized Area. F. VRT has budgeted $88,403.71 for Member to contribute for its annual dues and service contribution; Member has budgeted the same amount for its VRT annual dues and service contribution. G. Service contributions support the following modes: Page 1 of 4 1) Nampa Express Service (Routes 40 & 43): Operates between Nampa and Boise making a limited number of designated stops in Caldwell, Meridian, and Boise. The service operates Monday thru Friday from 5:35 A.M. to 6:25 P.M. The service generally utilizes 24 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 2) Nampa Limited Stop Service (Route 42): Operates between Nampa and Boise making several designated stops in Nampa, Meridian, and Boise. The service operates Monday thrn Friday from 5:35 A.M. to 8:27 P.M. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 3) Nampa Fixed Line (Routes 51, 52, 53, & 54): Operates in the Nampa Caldwell city limits on defined bus routes at scheduled intervals based on a flag stop system with no defined bus stop locations. All service operates from 6:20 A.M. to 7:56 P.M. Monday thru Friday. The service generally utilizes 20 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 4) Boise Fixed Line (Routes 1-10, 13-14, 16-17, & 29): Operates in the Boise and Garden City limits on defined bus routes at scheduled intervals. All service operates from 5:15 A.M. to 7:40 P.M. Mondaythru Friday and 7:45 A.M. to 6:10 P.M. on Saturday. The service generally utilizes 26-36 passenger, 2 wheelchair capacity buses each equipped with a bicycle rack. 5) Nampa & Boise ADA Paratransit (Demand Response): Service provided to the disabled that is complimentary to the fixed line service. Curb to curb service is provided within 3/4 mile of any fixed line service to any person who has physical or mental disabilities that prohibit them for accessing the fixed line service. Service is provided on a demand basis during the same hours of service as fixed line hours. The service generally utilizes 10 passenger, 2 wheelchair capacity vehicles. 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: Page 2 of 4 Section 1. Term. This Agreement shall be in effect from the 1 st day of October, 2005, and will terminate on the 30th day of September, 2006, unless earlier terminated pursuant the mutual written agreement of the parties hereto. Section 2. Purpose. The purpose of this Agreement is: (a) For Member to pay annual dues and a service contribution to VRT for Fiscal Year 2006 in the amount of$88,403.71 in contribution to the costs ofVRT and in support of transportation services within the Nampa Urbanized Area and/or Boise Urbanized Area. Attachment A provides a detailed description of those services supported under this Agreement. (b) For VRT to use said annual dues for costs budgeted under its regional planning and program administration, and to use said service contribution for costs budgeted under its regional operating plan. Section 3. Compliance. VRT, in using said dues and service contributions, 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 dues and operating costs. Section 4. Payment. (a) Member shall pay its annual dues and service contribution up to the aforesaid amount of$88,403.71 within 30 days of invoice to VRT at the following address, unless Member is notified in writing by VRT of a new address: Valley Regional Transit 830 North Main Street, Suite 230 Meridian, Idaho 83642 (b) Member's address, for the purpose of notice or correspondence, unless VRT is notified in writing by Member of a new address, is as follows: City of Meridian Attn: Bill Nary 33 East Idaho Meridian, Idaho 83642 Section 5. 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 ofthe parties, and shall survive the severed provisions. Page 3 of4 (c) Except as provided otherwise herein, this Agreement and any attachments hereto constitute the entire Agreement between VRT and Member 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) successors and assigns. This Agreement shall be binding on the parties hereto, and their EXECUTED and effective as of the date first above written. Valley Regional Transit: lQVL ~;W/Y} Kelli Fairless Executive Director Page 4 of4