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HomeMy WebLinkAbout2023-08-21 I01E_05 28E Agr_HIRTAAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 21, 2023 AGENDA ITEM:Consideration of approval of a resolution approving Heart of Iowa Regional Transit Agency Funding Agreement pursuant to Iowa Code Chapter 28E FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The proposed agreement outlines the obligations of the City and the Heart of Iowa Regional Transit Agency (HIRTA). FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:A resolution will be considered by the council separately to approve the funding amount for the current fiscal year. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Attorney drafted the agreement, which has been signed by a representative of HIRTA. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Agreement PREPARED BY:Becky Schuett REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1E5 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING HEART OF IOWA REGIONAL TRANSIT AGENCY FUNDING AGREEMENT PURSUANT TO IOWA CODE CHAPTER 28E IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Heart of Iowa Regional Transit Agency (“Agency”) is a transit agency formed pursuant to Iowa Code Chapter 28E; AND, WHEREAS, the City of Waukee, Iowa (“City”) is a public municipal corporation duly formed and existing pursuant to the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; AND, WHEREAS, the Agency and the City desire to enter into an agreement pursuant to Iowa Code Chapter 28E, which authorizes public agencies to enter into agreements for joint or cooperative action with public or private entities; AND, WHEREAS, Iowa Code Chapter 15A provides that cities may provide grants and other financial assistance to private persons and businesses to advance economic development; AND, WHEREAS, the Agency was created for the purpose of providing and promoting transportation for older adults, people with disabilities, people facing financial barriers, commuters and the general public in Boone, Dallas, Jasper, Madison, Marion, Story, and Warren Counties; AND, WHEREAS, the City and Agency desire to promote continued economic development within the community, and seek to promote economic development by making transportation services available to individuals who may otherwise not have the ability to travel to and from businesses within the City, which in turn will increase the business and employment opportunities for the citizens of the community, increase tax revenues, and will continue the economic vitality of the community; AND, WHEREAS, pursuant to Iowa Code Chapter 28E, the Agency and City believe the fulfillment generally of such an Agreement is in the best interest of the citizens of the City, and the City believes such an Agreement is in accord with the public purposes and provisions of the applicable State and local laws and requirements under which such an Agreement would be undertaken and under which HIRTA is being assisted. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the 28E Agreement between Heart of Iowa Regional Transit Agency and the City of Waukee, Iowa, should be and the same is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 21st day of August, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair HEART OF IOWA REGIONAL TRANSIT AGENCY FUNDING AGREEMENT WITH THE CITY OF WAUKEE This Agreement is made and entered into by and between the Heart of Iowa Regional Transit Agency, a transit agency formed pursuant to Iowa Code Chapter 28E (“HIRTA”) and Waukee, a municipal corporation formed under Iowa law (“City”). WITNESSETH: WHEREAS, HIRTA was created for the purpose of providing and promoting transportation for older adults, people with disabilities, people facing financial barriers, commuters and the general public in Boone, Dallas, Jasper, Madison, Marion, Story, and Warren Counties; and WHEREAS, City is located in one of HIRTA’s member counties; and WHEREAS, the City and HIRTA desire to promote continued economic development within the community, and seek to promote economic development by making transportation services available to individuals who may otherwise not have the ability to travel to and from businesses within the City, which in turn will increase the business and employment opportunities for the citizens of the community, increase tax revenues, and will continue the economic vitality of the community; and WHEREAS, Iowa Code Chapter 15A provides that cities may provide grants and other financial assistance to private persons and businesses to advance economic development; and WHEREAS, the City and HIRTA believe the fulfillment generally of this Agreement is in the best interest of the citizens of the City, and the City believes this Agreement is in accord with the public purposes and provisions of the applicable State and local laws and requirements under which this Agreement is being undertaken and under which HIRTA is being assisted, under the terms and conditions set forth herein. IT IS AGREED AS FOLLOWS: 1. TERM.The term of this Agreement shall commence upon execution by both parties and continue through June 30, 2024. 2. REPORTS.HIRTA agrees to submit an annual report to the City by October 1 of each of the years during the term of this Agreement, commencing October 1, 2024. The annual report shall identify the number of trips provided within the City for fiscal year 2024, and an accounting of the expenditures of funds provided by the City pursuant to Section 4 of this Agreement. 3. SCOPE OF SERVICES.The Services to be provided by HIRTA to the City include, but are not limited to: a. To identify and assess local and regional public transportation needs and changing conditions and to provide a forum of those changes. b. To provide and promote transportation for older adults, people with disabilities, people facing financial barriers, commuters and the general public in Boone, Dallas, Jasper, Madison, Marion, Story, and Warren Counties. c. To solicit, accept and expend funds for the purpose set forth above and as authorized by HIRTA’s 28E Agreement. 4. FUNDING FOR SERVICES.In exchange for HIRTA’s provision of the services described herein, in furtherance of the goals and objectives of Iowa Code Chapter 15A, the City agrees, subject to HIRTA being and remaining in compliance with the terms of this Agreement, and subject to the terms and conditions of this Agreement, to provide HIRTA with funding as follows: a. The Contractor shall be paid for the services described above as follows: $2,083.33 each month, beginning July 2023, ending June 2024 for a total of $25,000. 5. WAIVER OF WARRANTY.HIRTA warrants and represents only that it will work diligently to perform the services required by this Agreement. HIRTA makes no warranty or representation that the services performed pursuant to this Agreement will produce results desired by the City. 6. INDEMNIFICATION AND INSURANCE.HIRTA shall provide adequate coverage to insure its operations. Further, to the extent permitted by law, HIRTA shall hold harmless, and indemnify the City, its elected officials, officers, directors, employees and agents from any and all claims, suits, actions, costs and fees, including but not limited to attorney’s fees, interest and expenses growing out of or connected with the performance of this Agreement, or because of any act or omission, neglect, or misconduct of HIRTA, its officers, directors, employees, agents, volunteers, sub-recipients, independent contractors, or subcontractors. To the extent permitted by law, the City shall hold harmless HIRTA and its officials, officers, directors, employees and agents from any and all claims, suits, andactions growing out of or connected with the performance of this Agreement, except to the extentrelatedtoneglectormisconductofHIRTA,its officers,directors,employees, agents, volunteers, sub-recipients, independent contractors, or subcontractors. 7. CONFLICT OF INTEREST.HIRTA shall establish and follow policies prohibiting its officers, directors, agents, and employees from using City funds for their own private use. 8. GOVERNING LAW.This Agreement shall be governed and construed by the laws of the State of Iowa both as to interpretation and performance. 9. REQUIRED NOTICES OR REPORTS.Any notices, reports, records, or documents requiredunder the terms of this Agreement shall be deemed sufficiently delivered if made in writing and sent by first class mail or personal service to: FOR THE CITY Mayor, Courtney Clarke Waukee City Hall 230 W. Hickman Road Waukee, Iowa 50263 FOR HIRTA Julia Castillo, Executive Director 2824 104th St. Urbandale, IA, 50322 10. TERMINATION.Either party, upon ninety (90) days written notice to the other, may terminate this Agreement. Upon termination, the City agrees to pay HIRTA a prorated amount for all services performed pursuant to this Agreement prior to the effective date of termination. In the event the City has paid for services in advance, which were not rendered before the effective date oftermination, then HIRTA shall return to the City the prorated portion of the advance payment for services not rendered before the termination. 11. SUCCESSORS AND ASSIGNS.Each party, and their respective successors, executors, administrators and assigns, shall be bound by the terms of this Agreement. Neither party shall assign nor transfer any interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of either party hereto nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this agreement. 12. AMENDMENTS.This agreement may not be amended or modified except by written agreement of the City and HIRTA. 13. ENTIRE AGREEMENT.This Agreement represents the entire agreement between the parties regarding the subject herein and supersedes all previous communications or understandings, whether oral or written. 14. SAVINGS CLAUSE.If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 15. NO JOINT VENTURE. Nothing in this Agreement shall be construed as creating or constituting the relationship of a partnership, joint utility, joint venture, (or other association of any kind or agent/principal relationship) between the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enterinto any agreement or createanobligation orliability onbehalfof, inthe name of, or binding upon another party to this Agreement.