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Page | 1 MARICOPA COUNTY AMENDMENT 6 - TRANSIT SERVICES IGA 2023-24-00 INTERGOVERNMENTAL AGREEMENT AMENDMENT SIX BETWEEN MARICOPA COUNTY AND REGIONAL PUBLIC TRANSPORTATION AUTHORITY CONTRACT # 215-75-2019-06-00 This Sixth Amendment, effective this1st day of July, 2023, amends the following items of the Transit Services Master Intergovernmental Agreement Contract #215-75-2019-00 (“Master Agreement”) entered into between Maricopa County (“County/Member”) and the Regional Public Transportation Authority (“RPTA”) effective October 1, 2019, as amended by Amendment One, effective February 5, 2020, Amendment Two, effective July 1, 2020, Amendment Three, effective July 1, 2021 and Amendment Four, effective July 1, 2022, and Amendment Five effective December 7, 2022. The RPTA and County collectively are referred to as the “Parties.” I. The following replaces and supersedes the first paragraph of Attachment A (Annual Service Agreement) at page 16 of the Master Agreement, as amended by Amendments One, Two, Three, Four and Five: The Annual Service Agreement outlines the specific obligations of both Parties and for Fiscal Year 2022-2023, beginning July 1, 2022, and ending June 30, 2023 and Fiscal Year 2023-24, beginning on July 1, 2023, and ending on June 30, 2024. The specific obligations will be identified in Section 1: RPTA Obligations, Section 2: Member Obligations, Section 3: Invoicing, Payments, and Reconciliation, and Section 4: Program Schedules that summarize the Programs that RPTA provides for County. II. The following replaces and supersedes Section 3.1 of the Master Agreement, as was amended by Amendments One, Two, Three, Four, and Five: C-22-20-007-3-06 Page | 2 MARICOPA COUNTY AMENDMENT 6 - TRANSIT SERVICES IGA 2023-24-00 The County shall provide RPTA with $1,006,239in Maricopa County General Funds for fiscal year 2022-2023 for Paratransit and RideChoice services provided during July 1, 2022 through June 30, 2023. Schedule A and B will be removed from the Agreement. And The County shall provide RPTA with $1,270,000 in Maricopa County General Funds and $804,000 in Arizona Lottery Funds (ALF) for services and an estimate 11,000 trips through Paratransit and services and an estimated 34,000 trips through RideChoice for the period July 1, 2023, through June 30, 2024. The County shall pay the RPTA in quarterly installments of $423,333.00. The first three quarterly installations will be paid for by the County General Fund. and the fourth quarter installment will be paid for from the ALF. Payment of invoices shall become due within thirty (30) calendar days after receipt of an invoice from RPTA. If at any time the net costs, of this program are projected to exceed the annual amount of $2,074,000, the parties will reduce service levels to stay within the budgeted amount. If it is determined upon the annual reconciliation at year end that Member has underpaid its share of the actual cost of services for the period of FY 2024, RPTA shall use the ALF monies to pay any remaining balances. If there is no remaining ALF monies Maricopa County General Fund monies shall be used to pay any additional remaining balances. III. The following is added to Attachment A (Annual Service Agreement) Section 3, Invoicing, Payments, and Reconciliation, at page 18, of the Master Agreement, as was amended by Amendments One, Two, Three, Four and Five. SECTION 3. INVOICING, PAYMENTS, AND RECONCILIATION 3.1 . Maricopa County shall provide transportation costs in the amount of $1,270,000 in County General Funds and a not-to-exceed amount of $804,000 in ALF for Paratransit and RideChoice services provided in the unincorporated areas of Maricopa County to individuals. . Additional contributions shall be provided by Maricopa County, as needed, upon receipt of the annual reconciliation described in section 3.10 if costs exceed the budgeted estimates. 3.2 Funding availability for County Fiscal Year 2023 General Funds expenditures Page | 3 MARICOPA COUNTY AMENDMENT 6 - TRANSIT SERVICES IGA 2023-24-00 for July 1, 2022 through June 30, 2023 timeframe shall expire on June 30, 2023. Funding availability for County Fiscal Year 2024 General Funds expenditures for July 1, 2023, to June 30, 2024 timeframe shall expire on June 30, 2024, and (ALF) for Fiscal Years 2024 and 2025. 3.3 Funding shall be provided quarterly as described in sections 3.3, 3.8 and if necessary, in the following fiscal year as described in section 3.10. 3.4 In the first month of each quarter, RPTA shall submit a quarterly invoice based on the amount identified in 3.1 above. The first invoice shall be for the period of July 1st through September 30th and the County shall remit payment no later than July 31st or 15 calendar days after the IGA amendment is executed by all parties, whichever is later. In addition, if the annual reconciliation as described in 3.10 requires an additional invoice RPTA shall submit no later than September 15th . The ALF balance will be used to cover any identified deficit from the prior fiscal year’s reconciliation. If the reconciliation identifies a surplus of ALF available for carryover into the next fiscal year, the RPTA will identify the surplus and apply it to the second quarter invoice. 3.5 The RPTA will communicate with Maricopa County should there be a zero cost in any quarter. 3.6 The RPTA shall provide performance data reports on a monthly basis. The data will be posted electronically through RPTA’s Tableau server or by other electronic means as developed by RPTA. Maricopa County shall be responsible for retrieving the data from the Tableau server. The performance data shall include at minimum the following: 3.6.1 Total number of trips for each service option; 3.6.2 Total expenses for each service option; 3.6.3 Total fare revenue received for each service option; 3.6.4 Total Contractor transportation costs for each service option 3.6.5 RPTA salaries, fringe, and overhead for each service option; 3.6.6 RPTA shall provide Maricopa County staff annual training on the Tableau server or by other electronic means during the month of July. In addition, RPTA will provide training throughout the year upon request of Maricopa County based on new hire staff and/or needed refresher training for current staff. 3.6.7 Maricopa County shall reimburse RPTA as described in sections 3.3 and 3.4. Page | 4 MARICOPA COUNTY AMENDMENT 6 - TRANSIT SERVICES IGA 2023-24-00 3.6.8 RPTA shall submit a final invoice no later than April 30 or 15 calendar days after the IGA amendment is executed by all parties, whichever is later. 3.6.9 Maricopa County shall reimburse RPTA on a net zero payment standard. 3.6.10 RPTA shall apply ALF as described in section 3.11 to the amounts shown in the Paratransit and RideChoice schedules, toward the cost of both services. 3.7 RPTA may complete an annual reconciliation process, and Maricopa County invoice and payment may be adjusted up or down based on the extent to which the actual cost of service is higher or lower than the budget amount for service. 3.8 Within seventy-five (75) days of the close of the fiscal year, RPTA shall conduct a final reconciliation of the ADA Paratransit and RideChoice programs to determine the actual number of trips which are billable to Maricopa County. RPTA shall use this analysis to determine if Maricopa County has overpaid or underpaid, based on the actual service provided. In the event that either Party owes the other, RPTA will adjust Maricopa County invoice in second quarter of the following fiscal year. 3.9 As it relates to ALF monies, Maricopa County Authorizes RPTA to hold their portion of ALF and apply it to their annual IGA. The RPTA shall obtain authorization from the Deputy Director of the Human Services Department for the use of ALF monies. 3.10 Both Parties acknowledge that Maricopa County retains ownership of its ALF funding and is responsible for ensuring its use of ALF funds comply with the ALF program requirements. ALF will be applied to the final quarter of the fiscal year. Following the reconciliation, if a deficit is identified, the balance of the ALF will be applied to the address the deficit. In the event a surplus of ALF remains at reconciliation, the ALF would be applied to the second quarter of the subsequent fiscal year and identified in the second quarter invoice. 3.11 Maricopa County acknowledges they will complete the ALF application annually within the prescribed deadlines and submit the report and expenditure certification, as described in the RPTA ALF application instruction and guidelines. IN WITNESS, the Parties have each executed this Amendment Five as of the effective date first set forth above. Page | 5 MARICOPA COUNTY AMENDMENT 6 - TRANSIT SERVICES IGA 2023-24-00 REGIONAL PUBLIC TRANSPORTATION AUTHORITY (RPTA) By: _______________________________________ Jessica Mefford-Miller, Chief Executive Officer APPROVED AS TO FORM: By: _______________________________________ Michael Wawro, Interim General Counsel MARICOPA COUNTY By: ________________________________________ Clint Hickman, Chairman, Board of Supervisors ATTESTATION: By: _______________________________________ Juanita Garza, Interim Clerk, Board of Supervisors APPROVED AS TO FORM: By: _______________________________________ Deputy County Attorney