Cost Share - 2021 - Valley Regional Transit VRT And The City Of Eagle FY 2022 - 10/12/2021 COOPERATIVE AGREEMENT
BETWEEN
VALLEY REGIONAL TRANSIT
AND
CITY OF EAGLE
FOR
PUBLIC TRANSPORTATION FINANCIAL CONTRIBUTION
THIS COOPERATIVE AGREEMENT ("Agreement") is entered into this a 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 Eagle, 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 the not to exceed amount of$115,798 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 proportionate 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 lst 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$115,798 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 attached hereto and
made a part hereof.
(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 in the amount of$18,200, special assessment in the
amount of$9,700 and capital assessment in the amount of$2,644 for a total of$30,544 within 30
days of invoice. A secondary payment not to exceed the total amount of $85,245 may be
requested by Authority when the City and Authority mutually agree to reinstate the Route 9
Extension. Upon reinstatement of the Route 9 Extension, City shall pay a pro rata amount based
on timing and provision of services.
(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
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(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 Eagle
P.O. Box 1520
Eagle, Idaho 83616
Section 5. Contact Information
(a) Authority point of contact for this agreement is:
Jason Jedry, Controller,jjedry(a,valleyregionaltransit.org, 208.258.2709
(b) City point of contact for this agreement is:
Nichoel Baird, Director of Long Range Planning& Projects, nbaird@cityofeagle.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
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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 indemnifiratinn for such 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 Eagle:
Kelli Badesheim Ja,o_r Pierce,Mayor
Executive Director
An t: GNGLF ''•.
cy s City Clerk1.
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EXHIBIT 1
FY 2022 CITY OF EAGLE SERVICE AND CONTRIBUTION DESCRIPTION
Pursuant to the FY 2022 Cooperative Agreement between Valley Regional Transit(VRT) and
the City of Eagle 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: VRT began operating an extension of the 9 State Street route in October of
2020. This service makes four trips between Boise and Eagle each weekday morning and three
returning trips in the evening. The service connects downtown Eagle to the downtown Boise and
serves several major apartment units along Highway 44.
Because of the resurgent COVID-19 Delta variant,the VRT board chose to suspend the 9
extension until ridership levels began to recover. Once ridership levels begin to recover, VRT
and the City of Eagle will work together to determine if the 9 Extension service will be restarted.
Capital Assessment: Supports the maintenance or purchase of physical infrastructure or assets.
These contributions are requested based on the amount of service planned for FY2022.
Special Assessment: Supports specific activities, projects or programs requested by the City of
Eagle. In FY 2022 the City of Eagle special assessments go to support the transportation needs of
seniors and people with disabilities throughout Eagle. More than 80 seniors, many of whom take
advantage of these transportation services participate in weekly programs at the Eagle Senior
Center. Table 1 below shows the break-out of Costs.
Table 1: Breakdown of Local Contribution Requests
Type Amount
General Assessment (calculated by regional share of the population) $ 18,200
Service Assessment (calculated by share of miles serving your $ 85,254
jurisdiction) Route 9 Extension
Capital Assessment (calculated by share of miles serving your S 2,644
jurisdiction)
Special Assessment (Negotiated) S 9,700
Total Request S 115,798
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