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CONTRACT NUMBER: C-22-13-073-3-01 Amendment 1 AMENDMENT NO. 1 TO INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY WITH REGIONAL PUBLIC TRANSPORTATION AUTHORITY Maricopa County (“County”) by and through the Maricopa County Human Services Department (“MCHSD”) and the Regional Public Transportation Authority (RPTA),(“Contractor”) entered in a non-financial Intergovernmental Agreement (“Agreement”) on or about July 1, 2013 for transportation assistance to eligible residents of unincorporated Maricopa County. The Parties wish to amend the Agreement to address the following areas. The Parties hereby agree: 1. To change Agreement Representatives to: RPTA: Scott W. Smith, Interim Chief Executive Officer 101 North First Avenue, Suite 1300 Phoenix AZ 85003 602-262-7433 ssmith@valleymetro.org Human Services Department: Jeff Tourdot, Assistant Director, Senior and Adult Services 234 North Central, 3rd Floor Phoenix AZ 85004 602-506-5911 TourdotJ@mail.maricopa.gov 2. Extend the Agreement, pursuant to Paragraph B, Section III Work Statement which allows the County to renew the term for a three (3) year period. Approval and acceptance of Amendment No. 1 will extend expiration date of the agreement from June 30, 2016 to June 30, 2019. 3. Delete Paragraph A Purpose of Section III Work Statement in its entirety and substitute the following language: The purpose of this non-financial agreement is to establish the terms and conditions governing the provisions of transportation assistance to residents of unincorporated areas of Maricopa County who have disabilities and who are certified as ADA paratransit eligible through the region’s ADA paratransit certification process administered by Valley Metro. Transportation services are provided utilizing existing Local Transportation Assistance Fund 11 (LTAF II), Lottery Grant Funds received by Contractor and allocated to Maricopa County by its Board of Directors for Transportation Services and Prop 400 ADA Public Transportation Funds (PTF). These funds are held by RPTA. RPTA is the identified service CONTRACT NUMBER: C-22-13-073-3-01 Amendment 1 provider on behalf of Maricopa County. Maricopa County does not receive or distribute funds to RPTA for the service delivery. 4. Delete paragraph C. Service Delivery of Section III Work Statement in its entirety and substitute the following language: C. SERVICE DELIVERY 1. RPTA will be responsible for the following activities: a. Administer Arizona Lottery Funds (ALF) and the Public Transportation Funds (PTF) on behalf of the County towards the following objectives: i. Provide enhanced transportation services for residents of unincorporated portions of Maricopa County who are certified as ADA paratransit eligible through the regional ADA paratransit eligibility certification process administered by Valley Metro. ii. Use PTF funds for the transportation of ADA certified persons. iii. Fund projects and services to improve the public transportation system for the primary benefit of residents of the County's unincorporated areas. b. Administer the funds on behalf of Maricopa County in accordance with the following guidelines: i. The first and highest priority use of funds under this contract will be to support mobility options for eligible individuals. A blend of transportation programs will be used to provide this access. ii. Lower priority uses of funds under this contract include the support of fixed bus routes and other projects and services designed to support and enhance the public transportation system and services to benefit unincorporated areas of the County. iii. Transportation programs which will be utilized to support the mobility needs of qualified County residents will include, but not be limited to, the following: 1. Origin-to-destination transportation services for ADA certified individuals traveling within unincorporated areas of Maricopa County and throughout the region – Service within the regionally defined ADA paratransit service area and which occurs during ADA paratransit service hours will be provided in accordance with all regional ADA policies and procedures. 2. Participation in the region’s ADA Platinum Pass Program – This program provides free use of fixed-route transit for ADA paratransit certified individuals who can use Valley Metro bus or light rail service to meet all or a portion of their transportation needs. The ADA Platinum Pass program is funded with regional PTF funds; none of the costs of this program will be applied to the County’s regional PTF allocation. iv. Fixed routes and system improvements may be funded if they benefit (primarily) residents of unincorporated areas. System improvements include projects and activities as permitted by established ALF revenue guidelines. v. Priority populations for mobility options include ADA certified residents of unincorporated areas of Maricopa County. vi. General population residents of the unincorporated areas may also be served as allowed by ALF as long as the needs of ADA certified CONTRACT NUMBER: C-22-13-073-3-01 Amendment 1 individuals are given priority consideration. vii. Unincorporated areas include all locations within Maricopa County that are not within the limits of a city/town. viii. Coordinate any match required to use ALF funds using the County's PTF allocation and other fund sources that RPTA may identify. ix. Use the LTAF II for funding fixed route service in unincorporated areas if needed to prevent a forfeiture of funds and if an extension is not likely to be granted. x. Notify and alert the County when ALF or PTF funding streams are projected to be expended, expire, be reallocated due to non-use resulting County objectives not being fulfilled. Notification should come within a reasonable time frame that would allow for action or decision. xi. Provide the Department's Contract Administrator with a quarterly transportation service and financial report that summarizes the use of funds and the transportation services that were provided. The report will be submitted quarterly and be received by the 45th day after the quarter ends. The reports shall include the following elements: 1. Total units of service provided through each mobility option; 2. Total expenses for each mobility option; 3. Total fare/passenger subsidy revenue; 4. Total expenses for each fixed route service; 5. Total expense for other projects (each project listed separately); and 6. Fund balance for each funding source. xii. RPTA will provide an annual statement to the County detailing where the monies have been applied for the year. xiii. Utilize other grant funding sources to augment services if such funds are awarded to RPTA. xiv. Notify all riders of any future limitations due to funding at the appropriate time. At the County’s direction, RPTA will require its Dial- a-Ride provider to notify County residents who call to request service that service may be limited due to funding constraints. Please note: this requirement does not apply to customers utilizing ADA mandated Dial-a-Ride service. xv. At the County’s direction, implement the regionally adopted fare for ADA Dial-a-Ride trips. 2. COUNTY will be responsible for the following activities: a. At such time that funding RPTA possesses for the benefit of the County is depleted, County shall become responsible to accept media and citizen inquiries regarding the termination or limitation of services. 5. Delete Paragraph D. Administrative Requirements of Section III Work Statement in its entirety and substitute with the following language: D. ADMINISTRATIVE REQUIREMENTS Documentation and Recordkeeping 1. Notices a. All notices to RPTA regarding this agreement shall be sent to the CONTRACT NUMBER: C-22-13-073-3-01 Amendment 1 Representative listed on page one (1) of Amendment 1. b. All notices to the Department regarding this agreement shall be sent to the Representative listed on page one (1) of Amendment 1. 2. Records to be Maintained RPTA shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 and that are pertinent to the activities to be funded under this Agreement. 3. Retention Each Party hereto shall retain and shall contractually require each subcontractor to retain all data and other "records" relating to this Agreement for a period of six years after the completion of the Agreement. All records shall be subject to inspection and audit by either the Department or RPTA hereto at reasonable times. Upon request, either the Department or RPTA hereto shall produce a legible copy of any or all such records. 4. Audits and Inspections All records with respect to any matters covered by this Agreement shall be made available to the Department or RPTA, at any time during normal business hours. Any deficiencies noted in audit reports must be fully cleared by the Department within 30 days after receipt by the Department. Failure to comply with the above audit requirements will constitute a violation of this Agreement. 6. This Amendment is subject to and incorporates by reference the statutory language of A.R.S. §38-511. 7. Any term of the original Agreement not amended hereby, remains in full force and effect as approved and amended. 8. This Amendment is effective upon the full execution of the Parties. (Intentionally left blank, signatures to follow) CONTRACT NUMBER: C-22-13-073-3-01 Amendment 1 IN WITNESS THEREOF, the Parties have signed this agreement: APPROVED BY: APPROVED BY: REGIONAL PUBLIC TRANSPORTATION MARICOPA COUNTY AUTHORITY ___________________________________ ___________________________________ Authorized Signature Date Clint Hickman, Chairman Date Board of Supervisors Attested to: ____________________________________ Fran McCarroll Date IN ACCORDANCE WITH A.R.S.§§ 11-951, THIS AMENDMENT HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY(S) WHO HAVE DETERMINED THAT THIS AMENDMENT IS IN PROPER FORM AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE STATE OF ARIZONA. Approved as to form: Approved as to form: By: _______________________________ By: __________________________________ Attorney for the Contractor Maricopa County Deputy County Attorney Date:___________________ Date:___________________