Yuma County Intergovernmental Public Transportation Authority

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______________________________________________________________________________________ Yuma County Intergovernmental Public Transportation Authority Board Of Directors Robert L. Pickels, Chairman - Yuma County, Greg Wilkinson, Vice Chairman - City of Yuma Larry Gould - Northern Arizona University, Ralph Velez - City of San Luis, Rodney Rinehart – Town of Wellton, Bill Lee – City of Somerton John Andoh, Transit Director Yuma County Intergovernmental Public Transportation Authority _________________________________________________________________________________________________________________________________ 2715 East 14 th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309 Email: [email protected] - Web: www.ycipta.org NOTICE AND AGENDA OF PUBLIC MEETING OF THE BOARD OF DIRECTORS OF THE YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Board of Directors of the Yuma County Intergovernmental Public Transportation Authority (“YCIPTA”) and to the general public that the Board of Directors will hold a meeting on: Monday, September 26, 2011 1:30 PM ALDRICH HALL Yuma County Department of Development Services 2351 West 26 th Street -- Yuma, AZ, 85364 Teleconference is available by dialing (928) 817-5037 Unless otherwise noted, meetings held at the above location are open to the public. The Board of Directors may vote to hold an executive session for the purpose of obtaining legal advice from the YCIPTA’s attorney on any matter listed on the agenda pursuant to A.R.S. § 38-431.03(A)(3). Executive sessions are not open to the public, pursuant to Arizona Open Meeting Law. Pursuant to the Americans with Disabilities Act, persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Transit Director at 928-539-7076, ext 237 (TTY/TDD Arizona Relay Service 711). Requests should be made as early as possible to allow time to arrange the accommodation. The agenda for the meeting is as follows: 1. CALL TO ORDER 2. ROLL CALL AND INTRODUCTIONS 3. PLEDGE OF ALLEGIANCE 4. CALL TO PUBLIC: The public is invited to speak on any item or any area of concern that is within the jurisdiction of the YCIPTA Board of Directors. The Board is prohibited by the Arizona Open Meeting Law from discussing, considering or acting on items raised during the call to the public, but may direct the staff to place an item on a future agenda. Individuals are limited to a five minute presentation.

Transcript of Yuma County Intergovernmental Public Transportation Authority

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______________________________________________________________________________________Yuma County Intergovernmental Public Transportation Authority Board Of DirectorsRobert L. Pickels, Chairman - Yuma County, Greg Wilkinson, Vice Chairman - City of Yuma

Larry Gould - Northern Arizona University, Ralph Velez - City of San Luis, Rodney Rinehart – Town of Wellton, Bill Lee – City of Somerton

John Andoh, Transit Director

Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309Email: [email protected] - Web: www.ycipta.org

NOTICE AND AGENDA OF PUBLIC MEETING OF THE BOARD OF DIRECTORS OF THE YUMA COUNTY INTERGOVERNMENTAL PUBLIC

TRANSPORTATION AUTHORITY Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Board of Directors of the Yuma County Intergovernmental Public Transportation Authority (“YCIPTA”) and to the general public that the Board of Directors will hold a meeting on:

Monday, September 26, 20111:30 PM

ALDRICH HALLYuma County Department of Development Services

2351 West 26th Street -- Yuma, AZ, 85364

Teleconference is available by dialing (928) 817-5037

Unless otherwise noted, meetings held at the above location are open to the public.

The Board of Directors may vote to hold an executive session for the purpose of obtaining legal advice from the YCIPTA’s attorney on any matter listed on the agenda pursuant to A.R.S. § 38-431.03(A)(3). Executive sessions are not open to the public, pursuant to Arizona Open Meeting Law.

Pursuant to the Americans with Disabilities Act, persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Transit Director at 928-539-7076, ext 237 (TTY/TDD Arizona Relay Service 711). Requests should be made as early as possible to allow time to arrange the accommodation.

The agenda for the meeting is as follows:

1. CALL TO ORDER

2. ROLL CALL AND INTRODUCTIONS

3. PLEDGE OF ALLEGIANCE

4. CALL TO PUBLIC: The public is invited to speak on any item or any area of concern that is within the jurisdiction of the YCIPTA Board of Directors. The Board is prohibited by the Arizona Open Meeting Law from discussing, considering or acting on items raised during the call to the public, but may direct the staff to place an item on a future agenda. Individuals are limited to a five minute presentation.

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YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY REGULAR SESSION BOARD OF DIRECTORS MEETING:September 26, 2011 Page 3 of 3

________________________________________________________________________________

_____________________________________________________________________________Yuma County Intergovernmental Public Transportation Authority Board Of DirectorsRobert L. Pickels, Chairman - Yuma County, Greg Wilkinson, Vice Chairman - City of Yuma

Larry Gould - Northern Arizona University, Ralph Velez - City of San Luis, Rodney Rinehart – Town of Wellton, Bill Lee – City of Somerton

John Andoh, Transit Director

A. PRESENTATIONS:

None.

B. CONSENT CALENDAR: The following items listed under the Consent Calendar will be considered as a group and acted upon by one motion with no separate discussion, unless a board member so requests. In that event, the item will be removed for separate discussion and action.

5. Adopt the August 22, 2011 Regular Session Minutes. Page 4

6. Adopt the Yuma County Intergovernmental Public Transportation Authority Procurement Policy. Page 11

7. Adopt the Yuma County Intergovernmental Public Transportation Authority Personnel Policies. Page 63

8. Adopt the Yuma County Intergovernmental Public Transportation Authority Credit Card Policy and Approve a Purchasing Card for the Transit Director Card. Page 64

9. Adopt the Yuma County Intergovernmental Public Transportation Authority Federal Transit Administration Related Policies. Page 73

10. Adopt the Yuma County Intergovernmental Public Transportation Authority Arizona Department of Transportation Related Policies. Page 117

11. Adopt the Yuma County Intergovernmental Public Transportation Authority Vehicle Use Policy. Page 145

C. DISCUSSION & ACTION ITEMS: 12. Authorize the Transit Director to enter to an Agreement with Greyhound

Lines, Inc. Page 150

13. Discussion and Direction Regarding Interim Fare and Service Changes to Yuma County Area Transit and Greater Yuma Area Dial-A-Ride. Page 162

14. Discussion and Possible Action Regarding Appointing A Board Member to Review the Transportation Authority Fiscal Matters. Page 174

D. PUBLIC HEARING: None.

E. PROGRESS REPORTS:

15. First Transit Operations Report – Don Kilner, First Transit General Manager. No action is required. Handout

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YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY REGULAR SESSION BOARD OF DIRECTORS MEETING:September 26, 2011 Page 3 of 3

________________________________________________________________________________

_____________________________________________________________________________Yuma County Intergovernmental Public Transportation Authority Board Of DirectorsRobert L. Pickels, Chairman - Yuma County, Greg Wilkinson, Vice Chairman - City of Yuma

Larry Gould - Northern Arizona University, Ralph Velez - City of San Luis, Rodney Rinehart – Town of Wellton, Bill Lee – City of Somerton

John Andoh, Transit Director

16. Transit Director Report – John Andoh, YCIPTA Transit Director.No action is required. Page 180

17. Financial Report – John Andoh, YCIPTA Transit Director. No action is required. Page 187

F. ITEMS FROM COMMITTEE:

18. Approve Performance Measures and Evaluation Standards For Transit Director from Personnel Subcommittee. Page 189

19. SCHEDULE NEXT MEETING DATE AND IDENTIFY AGENDA ITEMS: The next Board meeting is scheduled for October 24, 2011, 1:30 p.m., at Aldrich Hall, Yuma County Department of Development Services, 2351 West 26th Street -- Yuma, AZ, 85364. The public is invited to attend.

20. Adjournment.

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The Yuma County Intergovernmental Public Transportation Authority (YCIPTA) met in Regular Session on August 22, 2011, at 2351 S. 26th

Street, Yuma, Arizona.

CALL TO ORDER: Chairman Pickels called the meeting to order at 1:33 p.m. Members present were: Robert L. Pickels, Jr./Yuma County; Greg Wilkinson/City of Yuma; Ralph Velez/City of San Luis;Rodney Rinehart/Town of Wellton; Bill Lee/City of Somerton; and Larry Gould/Yuma Branch-Northern Arizona University. Also present were: Dr. Glenn Mayle, President/Arizona Western College (AWC); John Andoh, Transit Director; Wayne Benesch, legal counsel/YCIPTA; Charlene FitzGerald, Executive Director/Yuma Metropolitan Planning Organization (YMPO); Paul Melcher, County Planning Director; Don Kilner, General Manager/First Transit;Jim Dickey, Executive Director/Arizona Transit Association; Nick Promponas, Senior Vice President/First Transit. Charles Gutierrez, Traffic Data Collection Supervisor; Norma Lekan, Mobility Coordinator; Gil Villegas, Deputy Financial Services Director/Yuma County; and Christy Isbell, Deputy Clerk of the Board/Yuma County.

Chairman Pickels led the Pledge of Allegiance.

CALL TO PUBLIC: No public comments were received.

INTRODUCTIONS: Mr. Andoh introduced Charles Gutierrez, Traffic Data Collection Supervisor/YMPO, and Norma Lekan,Mobility Coordinator/YMPO. Mr. Pickels introduced Gill Villegas, County Deputy Financial Services Director.

PRESENTATIONS:

No. 1. Announcement of Employee of the Month by Don Kilner, General Manager/First Transit. No legal action is required.

Mr. Andoh reported the Employee of the Month Program will begin effective in October 2011.

No. 2. Introduction of Jim Dickey, Executive Director/Arizona Transit Association. No legal action is required.

Mr. Dickey was unable to attend. Consequently, this item will be presented on October 24, 2011.

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No. 3: Introduction of Nick Promponas, Senior Vice President/First Transit. No legal action is required.

Mr. Promponas reported that First Transit has been the Yuma area transit provider for one year, and reported on the successful relationship to date. First Transit has been in operation since 1955, with some 235 transit operations in the United States.

No legal action was taken on this item.

CONSENT CALENDAR:

MOTION (Wilkinson/Velez): Approve Items Nos. 4 through 9, with the exception of Items Nos. 6 and 8.

VOICE VOTE: The motion carried 6-0.

The items approved under the Consent Calendar are:

No. 4. Adopt the July 25, 2011 Regular Session Minutes.

No. 5. Authorize the Transit Director to purchase insurance from Yuma Insurance, LLC for Yuma County Intergovernmental Public Transportation Authority.

No. 7. Appoint Wayne Benesch as interim legal counsel for Yuma County Intergovernmental Public Transportation Authority until January 31, 2012.

No. 9. Authorize the Transit Director to enter into an Intergovernmental Agreement with the City of Yuma for the purposes of fueling transit vehicles.

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Items pulled for discussion: No. 6. Adopt the Yuma County Personnel Policies, Procedures and Protocols as the Yuma County Intergovernmental Public Transportation Authority Personnel Policies, Procedures and Protocols on an Interim Basis.

Noting that further discussion to determine which of Yuma County’sPersonnel Policies, Procedures, & Protocols would be appropriate for adoption/use by the YCIPTA, Mr. Pickels tabled Item No. 6 until a future YCIPTA meeting, date not specified.

No. 8. Authorize the Transit Director to enter into an interim legal counsel agreement to review transition related agreements between Yuma County Intergovernmental Public Transportation Authority and Yuma Metropolitan Planning Organization on an on call basis.

Chairman Pickels suggested that entering into an interim legal counsel agreement with the law offices of Larry Suciu, as stated on the proposed agreement would be appropriate.

MOTION (WILKINSON/LEE): Approve as stated (by Chairman) above,authorizing an agreement with the law offices of Larry Suciu.

VOICE VOTE: The motion carried 6-0.

DISCUSSION & ACTION ITEMS:

No. 10. Discussion and possible action to accept Arizona Western College’s (AWC) request to be a member of the Yuma County Intergovernmental Public Transportation Authority.

Dr. Glenn Mayle, President/AWC, spoke in favor of this request.

MOTION (GOULD/WILKINSON): Approve Item No. 10 as presented,accepting AWC as a member of the YCIPTA.

VOICE VOTE: The motion carried 6-0.

As the Arizona Western College representative on the YCIPTA, Dr. Glenn Mayle participated in the remainder of the meeting as a voting member of the YCIPTA.

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No. 11. Discussion and possible action to approve the Community Transit Committee (CTC) as ad-hoc advisorycommittee to the Yuma County Intergovernmental Public Transportation Authority Board of Directors.

Mr. Andoh reviewed the intent/purpose of approving the CTC as an ad-hoc advisory committee to the transit authority as presented in the meeting packets today, and requested approval of same.

Discussion ensued regarding the purpose for the ad-hoc committee;whether the timing for approval was appropriate or whether a delay until later during the transition period would be advisable. Discussion also ensued regarding current CTC membership, and methods for soliciting CTC member volunteers.

Chairman Pickels tabled Item No. 11 until a future meeting, date to be determined.

No. 12. Discussion and possible action to adopt the bylaws for the Yuma County Intergovernmental Public Transportation Authority. (This item is continued from July 25, 2011, No. 17.)

Mr. Andoh presented the recent amendments to the proposed bylaws as noted on pages 67 through75 of today’s packets.

Discussion ensued regarding statutory guidelines which allow for as few as 5/no more than 9 member entities, and the transit authority’s preference for same.

Following discussion and by consensus, the transit authority directed that Article 4.1 will be amended to designate no more than 9 members, with an initial Board of Directors consisting of 7 members.

Discussion ensued regarding Article 4.7 as to voting rights: whether weighted voting or equal voting was appropriate; whether weighted voting for major funding entities for program funding was appropriate at the 35% level; whether weighted funding level(s) would change if the number of member entities changed.

Mr. Benesch read suggested wording to modify the number of members. By consensus, the transit authority agreed to the suggested wording.

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MOTION (Wilkinson): Adopt the bylaws with a change to indicate 7 members versus 9 members, and the ability to expand to 9 members as suggested by legal counsel.

PUBLIC HEARING:

No. 13. Discussion and possible action to adopt the Fiscal Year 2011-2012 YCIPTA Administration and Yuma MetropolitanPlanning Organization (YMPO) Transit Program Operating and Capital Budget. Mr. Andoh presented the proposed budget as outlined on the Agenda Item Review Form, stating this is a combined budget which maximizes all available dollars. He reviewed the proposed budget in detail and responded to questions regarding same, stating the budget is based on the transit fiscal year (July through June).

Discussion ensued regarding the (lack of) a cash reserve/impact of same, and methodology for maintaining an adequate cash reserve in the future.

Discussion ensued regarding the reimbursable nature of federal grants and methodology for same; various line-items within the proposed budget; and auditing services.

There were no public comments.

MOTION (Wilkinson/Lee): Approve the budget as written, with minor changes as discussed.

VOICE VOTE: The motion carried 7-0.

PROGRESS REPORTS:

No. 14. First Transit Operations Report – Don Kilner, First Transit General Manager. No action is required.

Mr. Kilner reviewed the “First Transit Operations Report/August 22, 2011”, covering the following topics: July ridership totals; safety/injury reports year-to date (there have been none); minor incidents involving alcohol use by riders; maintenance activities; staffing levels; andon-time performance.

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Discussion ensued regarding the definition of “cut-ins”, efforts for route streamlining, and maintenance of buses. (It was noted that mechanics are now on-staff, well-trained, with the busses running at a high operational level. On-staff mechanics have resulted in substantial savings.)

No legal action was taken for Item No. 14.

No. 15. Transit Director Report – John Andoh, YCIPTA Transit Director. No action is required.

Mr. Andoh reviewed the August 2011 Transit Director Report, covering the following topics: “Meet & Greet” public outreach activities; budgets and grants; First Transit operations; YMPO Executive Board actions; re-design of the Yuma County Area Transit (YCAT) website; efforts to solicit proposals to sell advertising on transit buses/bus shelters; route and fare revisions; performance measures; and the First Transit “Employee of the Month” program.

Mr. Andoh also mentioned the possibility of forming a personnel sub-committee to review method/procedures for the Transit Director’s performance evaluations.

Mr. Pickels reported he met with Mr. Andoh and others this week regarding the relative roles/responsibilities of YMPO and the transit authority, and believes they are now well-positioned for the transitionphase.

No legal action was taken for Item No. 15.

No. 16. Financial Report – John Andoh, YCIPTA Transit Director.No action is required.

Mr. Andoh presented the financial report, noting the budget adopted today will be forwarded to Mr. Villegas/County Deputy Financial Services Director for input into the system. Mr. Andoh also reported on the method for transit authority invoices processing during the transition phase.

No legal action was taken for Item No. 16.

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E. ITEMS FROM COMMITTEE AND STAFF:

No. 17. SCHEDULE NEXT MEETING DATE AND IDENTIFY AGENDA ITEMS: The next Board meeting is scheduled for September 26, 2011, 1:30 p.m., at Aldrich Hall, Yuma County Department of Development Services, 2351 West 26th Street --Yuma, AZ, 85364. The public is invited to attend.

Chairman Pickels announced the next meeting date is scheduled for September 26, 2011, at 1:30 p.m. as noted above.

There being no further business to come before the board, the Chairman adjourned the meeting at 3:10 p.m.

YUMA COUNTY INTERGOVERNMENTAL TRANSPORTATION AUTHORITYAdopted this ____ day of _______ 2011, Agenda Item No. C__.

______________________________________ROBERT L. PICKELS, Jr., Chairman

RLP/cpiP:\YCIPTA\MOTIONS\2011\08-22-11 R_ YCIPTA_Motions #1cpi.doc

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:6 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Procurement Policy.

3. SUMMARY: In order to enter into contracts and purchase goods and services, state law requires that public agencies adopt a purchasing policy. A purchasing policy is also required to fulfill Federal grant requirements. The attached policy was drafted to meet State law and Federal grant requirements. Staff consulted various procurement policies that have been submitted to the Federal Transit Administration (FTA) in drafting this policy, including YMPO, Solano County Transit, Redding Area Bus Authority and City of Benicia. The policy features several items which may be of particular interest to the Board, including:

1. A micropurchase (or “no-bid”) threshold of $3,000. This means that any contract for less than $3,000 would be awarded without requiring competitive bidding or quotes.

2. A small purchase threshold of $25,000, with the exception of cases where the YCIPTA Transit Director makes a determination that operational efficiency and effectiveness may be negatively impacted , in which case the YCIPTA Transit Director is delegated authority to award contracts in the amount of $50,000 or less. This determination must be made in writing and provided to the Board at the following Board Meeting.

3. The authority to issue contract Change Orders in the amount of 10% of the original contract price or $50,000 (whichever is less) is delegated to the YCIPTA Transit Director.

The Board will monitor all YCIPTA related expenditures and compliance of this policy through the Chairman or a delegate on a monthly or as-needed basis.

This policy upon approval would be submitted to the FTA as part of the Grantee request package.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopt the Yuma County Intergovernmental Public Transportation Authority Procurement Policy.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None. This policy will provide guidance on making expenditures related to funds that are in the Transit Program Fund.

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7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: Procurement Policy

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

Procurement PolicyAdopted: October 1, 2011

1 SCOPE AND PURPOSE

1.1 Scope: This Purchasing Policy addresses the purchase of all goods and services by the Yuma County Intergovernmental Public Transportation Authority (YCIPTA). It includes policy direction about how to handle these transactions in their various forms and within the constraints of legal and policy requirements.

1.2 Purpose: The purpose of this Policy is to provide guidance and uniformity for purchases of goods and services. It also serves to assist staff with preparing procedures to comply with the requirements of the YCIPTA bylaws, the laws of the State of Arizona, and Federal Transit Administration regulations relating to purchases of goods and services. Unless otherwise specified in this Policy, applicable State or Federal laws shall apply.

1.3 Compliance: When procurement involves the expenditure of Federal Transit Administration (FTA) grant funds, the purchasing agent, or authorized authority shall comply with Code of Federal Regulations Title 49, Subtitle A, Part 18, and U.S. Department of Transportation Circulars (i.e. FTA C 4220.1F) for full compliance with terms of the grant. Additionally, procurement shall comply with local guidelines as set forth in the YCIPTA bylaws, any local administrative rule, and any written established internal procedure as well as applicable Arizona law. In the event of a conflict, the Federal guidelines shall govern. If there is no State law on a particular aspect of procurement, then Federal contract law principles apply.

The FTA Best Practices Procurement Manual shall be used when making procurement decisions when utilizing Federal funds.

1.4 Contracting Party: Throughout this manual, “YCIPTA” is the contracting and procuring party.

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1.5 Responsibility: YCIPTA is responsible for the management of a public transportation system. This includes the planning, design and programming of transportation projects. YCIPTA receives funding from both Federal and state government. Therefore, YCIPTA must follow procurement policies and procedures that are consistent with local and federal regulations and the laws of the State of Arizona. Additional guidance on specific contractual actions is provided by OMB Circular A-102, Attachment O and FTA Circular 4220.1F as well as the FTA Best Practices Procurement Manual.

1.6 Standards: The purpose of this policy is to provide standards for YCIPTA and its staff in the procurement of supplies, equipment, construction and other services. These standards have been developed and will be adopted by YCIPTA to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of all applicable federal, state, and local laws and regulations. This policy includes guidelines for the solicitation, award and administration of formally advertised contracts as well as small purchases.

1.7 Review of Purchases:The Chairman or a delegated member of the Board shall review purchases made by the YCIPTA Transit Director on a monthly basis for accountability and financial oversight prior to submission to Yuma County Financial Services.

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2 GENERAL STANDARDS - THIRD PARTY PROCUREMENTS

2.1 Contract Administration System: YCIPTA will maintain a contract administration system that ensures that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders.

2.2 Full and Open Competition: All procurement transactions will be conducted in a manner providing full and open competition. Some situations considered to be restrictive of competition include, but are not limited to:

2.2.1 Prohibition Against Geographic Preferences: YCIPTA shall conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws. However, geographic location may be a selection criterion in procurements for architectural and engineering (A&E) services provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. The criterion may only be used to account for the benefits that can be brought to the project by specialized knowledge of local geography, geology, or architecture.

2.2.2 In order to promote full and open competition no unreasonable requirements will be placed on firms in order to qualify to do business within the jurisdiction of YCIPTA.

2.3 Written Procurement Selection Procedures: YCIPTA shall have written selection procedures for procurement transactions. All solicitations shall:

1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features that unduly restrict competition. The description may include a statement of the qualitative nature of the material, product, or service to be procured and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equal” description may be used as a means to define the performance or other salient characteristics of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated.

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2) Identify all requirements that offerors must fulfill and all other factors to be used in evaluating bids or proposals.

2.4 Prequalification Criteria: YCIPTA shall not preclude potential bidders from qualifying during the solicitation period, which is from the issuance of the solicitation to its closing date. All procurement transactions will be conducted in a manner providing full and open competition.

2.5 Written Standards and Code of Conduct: The standards established in this Policy shall apply to all employees engaged in the award and administration of contracts and contractors, consultants or advisors who provide advice on the selection and award of contracts. No employee, contractor, consultant, advisor, officer, agent, immediate familymember, or Board member of YCIPTA shall participate in the selection, award, or administration of a contract for YCIPTA if a conflict of interest, real or apparent, would be involved.

2.6 Personal Conflict of Interest: Conflict of interests arises, whether real or apparent, may arise when any of the following has a financial or other interest in the firm(s) considered or selected for award:

a) An employee, officer, director, or agent of YCIPTA; b) Any member of his/her immediate family, including but not limited to,

husband, wife, father, mother, brother, sister, son, daughter, father-in-law, mother-in-law, son-in-law, and daughter-in-law;

c) His/her business associate; or d) A company or organization, which is about to employ any of the above.

Employees, officers, directors, and agents of YCIPTA shall be subject to the laws of the State of Arizona concerning conflicts of interest. Anyone found to violate the standards established by such laws may be subject to the penalties, sanctions, or other disciplinary actions as provided by law.

In cases where an employee, officer, director, or agent of YCIPTA may have a conflict or potential conflict of interest, YCIPTA’s policy is that such individual(s) must promptly report the conflict in writing to the YCIPTA Transit Director. If the YCIPTA Transit Director has a conflict or potential conflict, they must promptly report the conflict in writing to the Chair of the YCIPTA Board. Failure to adhere to this requirement shall constitute a violation of policy and may subject the violator to disciplinary action, up to and including discharge.

2.7 Organizational Conflict of Interest: An organizational conflict of interest occurs where - because of other activities, financial interests, relationships, or contracts - a contractor is unable, or potentially unable, to render impartial assistance or advice to the grantee; the

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contractor’s objectivity in performing the contract work is or might be impaired; or a contractor has an unfair competitive advantage.

Where a real or apparent organizational conflict of interest is detected by staff steps will be taken to mitigate or avoid the conflict. Every effort will be made to ensure a level playing field for all potential contractors is maintained by making all pertinent non-proprietary information available to all parties.

A fairly won competitive advantage is not an organizational conflict of interest. A contractor may have a fair competitive advantage by virtue of its prior experience, its expertise, its more efficient operations, etc. Occasionally an incumbent contractor may have what appears to be an insurmountable competitive advantage by virtue of its previous work for the grantee. An advantage of this type may not necessarily be unfair.

2.8 Gifts and Gratuities:No employee, officer, director, or agent of YCIPTA may solicit or accept, either directly of indirectly, any gift, gratuity, loan, or other item or service of value from a contractor or potential contractors, or parties to subagreements.

Notwithstanding the above, this section shall not apply to the following:

a) An occasional non-monetary gift of nominal ($50) value1 accepted in the ordinary course of a business meeting; or b) Unsolicited advertising or promotional material of nominal value.

1 See also State of Arizona Secretary of State (http://www.azsos.gov/) for State law concerning limitations on Gifts, Honoraria, Travel, and Loans. Failure to adhere to the provisions of this section shall constitute a violation of YCIPTA policy and may subject the violator to disciplinary action, up to and including discharge.

2.9 Contacts with Vendor, Bidders and Proposers: Prior to the issuance of a procurement solicitation, informational and research contacts with prospective vendors may be made for the purpose of gathering data. However, in making such contacts, employees, officers, directors, and agents shall adhere to these written guidelines, and avoid any commitment, or implication, of a possible future award.

Accordingly, requests for substantial complimentary services or supplies, which may imply an obligation on the part of YCIPTA, shall be prohibited. Requests for testing services, product samples, or demonstrations, for which YCIPTA shall have no obligations to purchase said items or services may be allowed.

Whenever procurement is in process (e.g., during the solicitation, evaluation, negotiation, and award phases) all contacts with potential contractors or vendors shall be made through the designated staff person identified in the solicitation or the YCIPTA Transit Director.

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2.10 Releases and Use of Information: All technical and price information received from a vendor will be treated as confidential during the bid/quotation period. These documents will become public information only after the bid/purchase has been awarded, with the exception of sealed bid pricing during bid opening. During the bidding/quotation period extreme care will be taken to avoid giving a bidder an advantage over another through an unequal exchange of information. Vendors should be informed that it is YCIPTA’s practice to make competitive choices for Invitations for Bid (IFBs) on the basis of the first price submitted and no revised prices will be solicited or accepted.

No employee, officer, director, or agent of YCIPTA shall use such confidential information for the actual or anticipated benefit for themselves, their relatives, or persons with whom they have a common financial interest.

2.11 Disadvantaged Business Enterprise (DBE): YCIPTA will file, as prescribed by law, a DBE program which describes YCIPTA's procedures and obligations regarding DBE's.

For the purpose of this program, a DBE is defined as a small business concern, which is both owned and controlled by socially and economically disadvantaged persons. This means that disadvantaged individuals must own at least 51% of the business and control the management and daily operations of the business. Included in the classification of disadvantaged individuals are United States citizens who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, women or members of other groups or individuals who the Small Business Administration (SBA) has determined are economically and socially disadvantaged under 49 CFR Part 26. The following affirmative steps shall be taken to assure that small and minority businesses are utilized when possible as sources of supplies, equipment, construction and services:

a) Including qualified small and minority businesses on solicitation lists; b) Assuring that small and minority businesses are solicited whenever they are potential sources; c) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation; d) Where the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses; e) Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprises of the Department of Commerce and the Community Services Administration as required; or f) If any subcontracts are to be let, requesting that the prime contractor take the affirmative steps listed above. If separate contract goals are established, the prime contractor is required to take the affirmative steps listed above.

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YCIPTA does not certify DBEs. DBEs will be identified through the database maintained by the Arizona Department of Transportation at http://www.azdot.gov/azdbe/index.asp.

2.12 Equal Employment Opportunity (EEO) Policy: YCIPTA has adopted an Equal Employment Opportunity (EEO) Policy, which applies to both internal hiring and promotion practices as well as to vendors who do business with YCIPTA. All invitations for Bids and Requests for Proposal issued by YCIPTA require the Bidder or Proposer to certify that:

a) It does not discriminate against any employee or applicant for employment, because of race, religion, sex, age, creed, color, disability, or national origin;

b) It is in compliance with all Executive Orders and federal, state and local laws regarding fair employment practices and non-discrimination in employment; and

c) It agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.

2.13 Intergovernmental Procurements: 2.13.1 Whenever feasible YCIPTA will utilize available federal, state, and local intergovernmental agreements for procurement or use of common goods and services, including purchases from available Federal General Services Administration (GSA) and State of Arizona ProcureAZ cooperative procurements. When obtaining goods or services in this manner, YCIPTA will ensure all federal requirements, required clauses, and certifications (including Buy America) are properly followed and included, in the contract.

2.13.2 Whenever feasible, YCIPTA will procure goods and services jointly with other FTA grantees. When obtaining goods or services in this manner, YCIPTA must ensure all federal requirements, required clauses, and certifications are properly followed and included in the resulting joint solicitation and contract documents.

2.13.3 Any procurement obtained thorough use of this section must not be obtained by any partnering government engaging in a prohibited “Tag-on” process as defined in section 14 of this Policy regarding Changes to Purchase Orders and Contracts.

2.14 Written Records of Procurement History: YCIPTA will maintain records detailing the history of each procurement. At a minimum, these records shall include:

1) The rationale for the method of procurement;

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2) Selection of contract type; (if a Time & Materials type of contract is selected it must be documented to file that no other type of contract is suitable and that a ceiling price is set for the contract);3) Reasons for contractor selection or rejection; 4) The basis for the contract price; and 5) A determination that the price offered is fair and reasonable.

2.15 Dividing Procurements Prohibited: The requirements outlined in this Purchasing and Procedures document apply to the total purchase amount of supplies, equipment, materials, construction or services. Related parts of procurement are not to be divided for the express purpose of avoiding bidding requirements (e.g. bid-splitting).

2.16 Ensuring Most Efficient and Economic Purchase: Each proposed procurement will be reviewed by staff to avoid purchase of unnecessary or duplicative items. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives and any other appropriate analysis to determine the most economical approach.

2.17 No Advance Payments: Advance payments utilizing FTA funds are prohibited without prior written FTA concurrence. Progress payments may be made for receipt of deliverables, percentage of work completed, milestones, or titles received. The Project Manager or Contract Administrator shall make determinations regarding work completed and milestones achieved as part of the invoice payment process.

2.18 Liquidated Damages: Liquidated Damage assessments must be calculated at a specific rate per day for each day of overrun, and must be credited to the project unless written permission to do otherwise is obtained from FTA. Calculations for liquidated damages must be based on data showing how delay causes damage.

2.19 Authority to Contract: Authority to purchase and contract is held by the YCIPTA Board of Directors andcurrently delegated to the YCIPTA Transit Director for all purchases in the amount of $25,000 and less which are not subject to formal competitive bidding procedures and for all service contracts for which there are appropriated funds in the YCIPTA Board approved budget.

The YCIPTA Transit Director shall have the authority to issue request for proposals and/or invitation for bids necessary to procure the necessary services and supplies for YCIPTA.

If the YCIPTA Transit Director determines that operational efficiency and effectiveness may be negatively impacted by a delay in obtaining YCIPTA Board approval, the YCIPTA Transit Director is delegated the authority to make such

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necessary purchases and/or contracts for all purchases or services up to $50,000 for which there are appropriated funds in the YCIPTA Board approved budget. Such determination shall be made in writing and provided to the YCIPTA Board at the next regularly scheduled Board meeting.

The YCIPTA Transit Director may delegate this authority, wholly or in part pursuant to a letter of delegation filed with the Board Clerk.

For purchases and contracts which are above $25,000, including public worksprojects in an amount above $25,000, and all other goods and services which must be competitively bid either because the YCIPTA Bylaws require it, or because the Arizona State Procurement code requires it, or because the Federal Guidelines require such competitive bidding, YCIPTA will look to its bylaws and this policy for purposes of determining whether the authority to approve any purchase or enter into any contract exists.

Under no circumstances will a subcontractor or consultant have signatory authority to enter into any contract on behalf of YCIPTA. For goods and services which are competitively bid, and whose final contract price exceeds $25,000, the award must be made by the YCIPTA Board. Awards for competitively bid or otherwise quoted good and services whose final contract price is less than $25,000, may be made by the YCIPTA Transit Director or the YCIPTA Board.

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3 METHODS OF PROCUREMENT Once authority to purchase or contract has been determined, the following methods of procurement may be used as appropriate:

3.1 Purchases for less than $3,000 - Procurement by Micro-Purchases: Micro-purchases are those purchases under $3,000. Purchases below that threshold may be made without obtaining competitive quotations. Such purchases are exempt from Buy America requirements. There should be equitable distribution among qualified suppliers and no splitting of procurements to avoid competition. The Davis-Bacon Act applies to construction contracts above $2,000. Minimum documentation required, but purchases must be documented as fair and reasonable.

These purchases may be accomplished by Petty Cash, if under $50, by purchase through a purchasing card, or by Purchase Requisition/Purchase Order.

3.2 Purchases for amounts between $3,000 to $25,000 - Procurement by Small Purchase Procedures / Informal Quotes (IQ):

Small purchase procedures will be used for those relatively simple and informal procurement methods for securing services, supplies, or other property that cost more than $3,000 but less then $25,000, or $50,000 if the YCIPTA Transit Director makes a determination regarding operational efficiency or effectiveness as required in section 2.19 of this policy. The Davis-Bacon Act applies to construction contracts above $2,000. Minimum documentation is required. A determination that the price is fair and reasonable and how this determination was derived must be included in the file.

Purchase Requisitions are appropriate for purchases in this category. Purchase Orders will be obtained. A Purchase Requisition, with the correct approval, must be completed before a Purchase Order can be prepared.

3.2.1 Minimum Number of Bids. Wherever possible, small purchases will be based on at least three bids, and shall be awarded to the lowest responsible bidder. The requisitioner would need to give the approving authority a Requisition form with at least three vendors, if possible, and their contact information. If only two bids can be obtained, documentation must be provided by the requesting party that a total of five businesses have been solicited.

3.2.2 Notice Inviting Quotes / Bids. The purchasing agent will solicit bids or quotes by written or verbal requests to prospective vendors.

3.2.3 As an alternative to Small Purchase Procedures, materials, equipment or supplies may be made by request from the State Purchasing Cooperative, which is a program of the Arizona Department of

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Administration, State Procurement Office, in accordance with the provisions of Article 10 of the Arizona Procurement Code.

3.3 Purchases of More than $25,000 - Procurement By Sealed Bids/Invitation For Bid (IFB):

Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. In order for sealed bidding to be feasible, the following conditions should be present:

1) A complete, adequate, and realistic specification or purchase description is available;

2) Two or more responsible bidders are willing and able to compete effectively for the business;

3) The procurement lends itself to a firm fixed price contract and theselection of the successful bidder can be made principally on the basis of price; and

4) No discussion with bidders is needed.

3.3.1 Requirements. If this procurement method is used, the following requirements apply:

a) Technical specifications and requirements for the Invitation for Bids (IFB) will be prepared by the appropriate requisitioner and submitted to YCIPTA Transit Director or his or her designee. If approved, the YCIPTA Transit Director or his or her designee will forward the information to the appropriate Analyst who will work with the requisitioner to draft the appropriate Invitation for Bids (IFBs). The IFB will be reviewed for FTA, local and state law compliance and accuracy before release.

b) The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers, providing them sufficient time to prepare bids prior to the date set for opening the bids; advertising for sealed proposals shall at a minimum be by publication in the official newspaper by at least one insertion made by at least ten days prior to the time for opening of bids and publication in the YCIPTA website. Notices inviting bids shall at least include a general description of work, equipment, materials or supplies, and shall refer for details to bid specifications. Location of bid specifications shall be released in the notice inviting bids and may include physical or internet addresses or both.

c) The invitation for bids, which will include any specifications and pertinent attachments, shall define the items or services sought in order for the bidder to properly respond.

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d) Any change or modification in plans or specifications will occur by way of addenda issued to contractors who have signed up to be on the projectplanholder’s list. Addenda will be posted to the YCIPTA website and notice sent to contractors appearing on the planholder’s list.

e) Sealed bids shall be submitted to the person and address appearing in the notice to contractors and shall be identified as “Bids-[insert solicitation number and short title]” on the envelope or package.

f) All proposals shall be made in accordance with the solicitation documents and furnished to interested bidders as provided in the “Notice Inviting Bids/Proposals” with a non-collusion affidavit and any other forms / bonds as required by the solicitation documents. Each bid shall have thereon the affidavit of the bidder that this is genuine and not sham or collusive, or made in the interest of, or in behalf of any persons not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, or corporation, or firm to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure to himself an advantage over other bidders.

g) Any bid made without such affidavits or other documents as required by the solicitation documents or in violation thereof and any contract let as a result shall be void.

h) If, at any time, discovery is made that a contract has been let to a bidder who has violated or evaded this oath, the contract shall be canceled and no recovery shall be had thereon, and the YCIPTA Board shall at once proceed as before to award a new contract.

i) All proposals or bids offered, except as provided below, shall be accompanied by a bank cashier’s check, or by a check certified by a responsible bank, payable to YCIPTA, in an amount as specified in the notice inviting bids, or by a bidder’s bond for the amount and so payable, signed by the bidder and any one or more sureties authorized to transact surety business in the state of Arizona, acceptable to the purchasing agent and YCIPTA legal counsel. No proposal shall be considered unless accompanied by such check or bond; provided, however, that in the case of proposals or bids concerning a contract for the purchase of materials, supplies, equipment or services, the purchasing agent may:

1. Eliminate the requirement that the bids or proposals for a contract be accompanied by a bidder’s check or bond; or

2. Set the amount of security required to accompany bids for a contract on a purchase by purchase basis.

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j) Construction or facility improvement contract and subcontract bids over $100,000 have the following additional requirements:

1. A bid guarantee equivalent to five (5) percent of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified;

2. A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract; and

3. A payment bond on the part of the contractor. A payment bond is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts determined to adequately protect the federal interest are as follows:

4. Fifty percent of the contract price if the contract price is not more than $1 million;

5. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or

6. Two and a half million dollars if the contract price is more than $5 million.

k) The Purchasing Agent shall direct opening of sealed bids at the time and place designated in the invitation for bids as stated in the public notices. The opening shall occur in the presence of any two of the following officers: a member of the YCIPTA Board, the Purchasing Agent, the YCIPTA legal counsel, or the YCIPTA Transit Director, and all other interested parties and bidders who desire to be present. As each bid is opened, it shall be read aloud so that all persons interested in the bidding may become acquainted with the contents thereof. From and after the time of opening, the Purchasing Agent shall, upon the request of any interested party, read or give such further information from the said bid as may be requested. A tabulation of all bids received shall be open for public inspection at the office of the Purchasing Agent during business hours for a period of one year after the bid opening.

l) After they have been opened, all bids shall be referred to the YCIPTA Transit Director together with a price and cost analysis and, if appropriate, a staff report to the YCIPTA Board together with such recommendations

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as may be deemed appropriate. (Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of.

m) Any or all bids may be rejected if there is a sound documented business reason.

n) Upon execution of the contract, the contractor will deliver to the Purchasing Agent security to guarantee performance of the requirements and obligations to be performed by the contractor.

o) The sealed bid method is the preferred method for procuring construction if the conditions in paragraph (a) above apply.

3.4 Procurement By Competitive Proposal/Request for Proposals (RFP): This method is appropriate when conditions are not appropriate for the use of sealed bids because one of the following reasons exists and the method is not prohibited by state or local law:

1) A complete, adequate, and realistic specification or purchase description is not available.

2) Two or more responsible bidders are not willing and able to compete effectively for the business.

3) The procurement does not lend itself to a firm fixed price contract and the selection of the successful bidder cannot be made principally on the basis of price.

4) Discussion with the bidders is needed.

3.4.1 Requests for proposals will be publicized, which shall require at a minimum publication on the YCIPTA website. All evaluation factors will be identified along with their relative importance; technical specifications and requirements.

3.4.2 Awards will be made to the responsible firm whose proposal is most advantageous and of best value to YCIPTA’s program with price and other factors considered.

3.4.3 In determining which proposals is most advantageous, YCIPTA may award to the proposer whose proposals offer the greatest business value to the Agency based upon an analysis of a tradeoff of qualitative technical factors and price/cost to derive which proposal represents the “Best Value” to YCIPTA. “Best Value" is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. The award selection is based upon consideration of a combination of technical and price factors

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to determine {or derive} the offer deemed most advantageous and of the greatest value to YCIPTA if the Purchasing Agent elects to use the best value selection method as the basis for award, however, the solicitation must contain language which establishes that an award will be made on a “best value” basis. Publication of evaluation criteria with the RFP will serve as notice to proposers that a “best value” method will be used.

3.5 Procurement of Architectural and Engineering Services (A&E): YCIPTA will use qualifications-based competitive proposal procedures when contracting for A&E services as defined in 40 U.S.C. §541and 49 U.S.C. §5325(d). Services subject to this requirement are program management, construction management, feasibility studies, preliminary engineering, design, architectural, engineering, surveying, mapping, and related services.

Qualifications-based competitive proposal procedures require that:

1) An offeror’s qualifications be evaluated; 2) Price be excluded as an evaluation factor; 3) Negotiations be conducted with only the most qualified offeror; and 4) Failing agreement on price, negotiations with the next most qualified offeror be conducted until a contract award can be made to the most qualified offeror whose price is fair and reasonable to the grantee.

These qualifications-based competitive proposal procedures can only be used for the procurement of the services listed above. This method of procurement cannot be used to obtain other types of services even though a firm that provides A&E services is also a potential source to perform other types of services.

3.6 Procurement of Design-Bid-Build: YCIPTA may procure design-bid-build services through means of sealed bidding or competitive negotiations. These services must be procured in a manner that conforms to applicable state and local law, the requirements of the appropriate FTA guidance relative to the method of procurement used and all other applicable federal requirements.

3.7 Procurement of Design-Build: YCIPTA may procure services using the design-build delivery method. YCIPTA must procure design-build services through means of qualifications-based competitive proposal procedures based on the Brooks Act when the preponderance of the work to be performed is considered to be for architectural and engineering (A&E) services. Qualifications-based competitive proposal procedures should not be used to procure design-build services when the preponderance of the work to be performed is not of an A&E nature, unless required by State law.

3.8 Procurement By Noncompetitive Proposals (Sole Source): Sole source procurements are accomplished through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is

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determined inadequate. A contract change that is not within the scope of the original contract is considered a sole source procurement that must comply with this subparagraph.

3.8.1 Other Than Full and Open Competition (Federally Funded Purchases). Normally, the recipient must provide for full and open competition when soliciting bids or proposals. The Common Grant Rule for governmental recipients, however, acknowledges that under certain circumstances, a recipient may conduct procurements without providing for full and open competition.

1) When appropriate, YCIPTA may use noncompetitive proposals only when the procurement is inappropriate for small purchase procedures, sealed bids, or competitive proposals, and at least one of the followingcircumstances are present:

a. Competition Adequacy. After soliciting several sources, the Purchasing Agent will review its specifications to determine if they are unduly restrictive or if changes can be made to encourage submission of more bids or proposals. After the Purchasing Agent determines that the specifications are not unduly restrictive and changes cannot be made to encourage greater competition, the Purchasing Agent may determine the competition adequate. A cost analysis must be performed in lieu of a price analysis when this situation occurs.

b. Sole Source. When YCIPTA requires supplies or services available from only one responsible source, and no other supplies or services will satisfy its requirements, YCIPTA may make a sole source award. When the YCIPTA requires an existing contractor to make a change to its contract that is beyond the scope of that contract, YCIPTA has made a sole source award that must be justified.

i. Unique Capability or Availability. The property or services are available from one source if one of the conditions described below is present:

1. Unique or Innovative Concept. The offeror demonstrates a unique or innovative concept or capability not available from another source. Unique or innovative concept means a new, novel, or changed concept, approach, or method that is the product of original thinking, the details of which are kept confidential or are patented or copyrighted, and is available to YCIPTA only from one source and has not in the past been available to YCIPTA from another source.

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2. Patents or Restricted Data Rights. Patent or data rights restrictions preclude competition.

3. Substantial Duplication Costs. In the case of a follow-on contract for the continued development or production of highly specialized equipment and major components thereof, when it is likely that award to another contractor would result in substantial duplication of costs that are not expected to be recovered through competition.

4. Unacceptable Delay. In the case of a follow-oncontract for the continued development or production of a highly specialized equipment and major components thereof, when it is likely that award to another contractor would result in unacceptable delays in fulfilling the recipient’s needs.

ii. Single Bid or Proposal. Upon receiving a single bid or proposal in response to a solicitation, the Purchasing Agent should determine if competition was adequate. This should include a review of the specifications for undue restrictiveness and might include a survey of potential sources that chose not to submit a bid or proposal.

1. Adequate Competition. Competition is acknowledged to be adequate when the reasons for few responses were caused by conditions beyond the control of YCIPTA. Many unrelated factors beyondYCIPTA’s control might cause potential sources not to submit a bid or proposal. If the competition can be determined adequate, competition requirements will be fulfilled, and the procurement will qualify as a valid sole source.

2. Inadequate Competition. Competition is inadequate when, caused by conditions within YCIPTA’s control. For example, if the specifications used were within the YCIPTA’s control and those specifications were unduly restrictive, competition will be inadequate.

c. Unusual and Compelling Urgency. YCIPTA may limit the number of sources from which it solicits bids or proposals when a YCIPTA has such an unusual and urgent need for the property or services that YCIPTA would be seriously injured unless it were permitted to limit the solicitation. YCIPTA may also limit the

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solicitation when the public exigency or emergency will not permit a delay resulting from competitive solicitation for the property, supplies, or services.

d. Associated Capital Maintenance Item Exception Repealed.Any sole source procurement of associated capital maintenance items must qualify for an exception under the same standards that would apply to other sole source acquisitions.

e. Authorized by FTA. The Common Grant Rules provide Federal agencies authority to permit a recipient to use noncompetitive proposals. Under this authority, FTA has made the following determinations:

i. Consortium, Joint Venture, Team, Partnership.With some exceptions, when FTA awards a grant agreement or enters into a cooperative agreement with a consortium, joint venture, team, or partnership, or provides FTA assistance for a research project in which FTA has approved the participation of a particular firm or combination of firms in the project work, the grant agreement or cooperative agreement constitutes approval of those arrangements. In such cases, FTA expects the recipient to use competition, as feasible, to select other participants in the project.

ii. Federal Acquisition Regulation (FAR) Standards. To ensure that the recipient has flexibility equal to that of Federal contracting officers, FTA authorizes procurement by noncompetitive proposals in all of the circumstances authorized by FAR Part 6.3. In addition to circumstances discussed in the Common Grant Rules, the FAR authorizes less than full and open competitive procurements in one or more of the following circumstances:

1. Statutory Authorization or Requirement.To comply with Department of Transportation (DOT) appropriations laws that include specific statutory requirements, with the result that only a single contractor can perform certain project work.

2. National Emergency. To maintain a facility, producer, manufacturer, or other supplier available to provide supplies or services in the event of a national emergency or to achieve industrial mobilization.

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3. To establish or maintain an educational or other non-profit institution or a federally funded research and development center that has or will have an essential engineering, research, or development capability.

4. Protests, Disputes, Claims, Litigation. To acquire the services of an expert or neutral person for any current or anticipated protest, dispute, claim, or litigation.

5. International Arrangements. When precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or when prohibited by the written directions of a foreign government reimbursing the recipient for the cost of the acquisition of the supplies or services for that government.

6. National Security. When the disclosure of the recipient’s needs would compromise the national security.

7. Public Interest. When the recipient determines that full and open competition in connection with a particular acquisition is not in the public interest.

2.) When prohibited, less than full and open competition is not justified based on:

a. Failure to Plan. YCIPTA’s lack of advance planning, or

b. Limited Availability of Federal Assistance. Concerns about the amount of Federal assistance available to support the procurement (for example, expiration of Federal assistance previously available for award).

3.) Procurement Procedures. When less than full and open competition is available to YCIPTA will:

a. Potential Sources. Solicit offers from as many potential sources as is practicable under the circumstances.

b. Sole Source Justification. If YCIPTA decides to solicit an offer from only one source, YCIPTA must justify its decision adequately in light of the standards of subparagraph (1)(b) of this Chapter. Sole source justification must be in writing.

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c. Cost Analysis. Prepare or obtain a cost analysis verifying the proposed cost data, the projections of the data, and the evaluation of the costs and profits.

d. Preaward Review. Submit the proposed procurement to FTA for preaward review if FTA so requests.

3.9 Options: YCIPTA may include options in contracts. An option is a unilateral right in a contract by which, for a specified time, YCIPTA may elect to purchase additional equipment, supplies, or services called for by the contract, or may elect to extend the term of the contract. If an option is included in a contract, the requirements below apply:

1) Evaluation of Options. The option quantities or periods contained in the contractor's bid or offer must be evaluated in order to determine contract award. When options have not been evaluated as part of the award, the exercise of such options will be considered a sole source procurement.

2) Exercise of Options.

a. YCIPTA will ensure that the exercise of an option is in accordance with the terms and conditions of the option stated in the initial contract awarded.

b. An option may not be exercised unless YCIPTA has determined that the option price is better than prices available in the market or that the option is the more advantageous offer at the time the option is exercised.

3.10 Capital Purchases: For financial purposes, items over $5,000 with a useful life of over one (1) year are defined as capital purchases. In addition to any other requirements which may apply, such expenditures must be charged against capital accounts, rather than operating accounts. The YCIPTA Board must approve all budgeted capital expenditures for the current fiscal year along with the operating budget. Un-budgeted capital expenditures must be submitted to the YCIPTA Board for approval. The YCIPTA Transit Director or designee must approve all capital expenditures. The YCIPTA Transit Director may delegate this authority to approve capital purchases. If this authority is delegated, the YCIPTA Transit Director must specify the dollar limit for purchases that the authorized staff may approve.

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4 CONTRACT COST OR PRICE ANALYSIS FOR EVERY ACTION

YCIPTA will perform a cost or price analysis in connection with every procurement action, including contract modifications. A cost or price analysis must be performed before Bids or Proposals are received. The method and degree of analysis is dependent on the facts surrounding the particularprocurement situation, but as a starting point, YCIPTA must make independent estimates before receiving bids or proposals. Responsibility for ensuring that an independent estimate is completed will reside with the person issuing the solicitation. No solicitation will be issued prior to conducting an independent estimate regarding the anticipated cost of the item or service to be procured. The estimate will include the methodology used to make the estimate.

4.1 Cost Analysis: A cost analysis must be performed when the offeror is required to submit the elements (i.e., labor hours, overhead, materials, etc.) of the estimated cost, (e.g., under professional consulting and architectural and engineering services contracts, etc.). A cost analysis will be necessary when adequate price competition is lacking and for sole source procurements, including contract modifications or change orders, unless price reasonableness can be established on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or on the basis of prices set by law or regulation.

4.2 Price Analysis: A price analysis may be used in all other instances to determine the reasonableness of the proposed contract price.

4.3 Profit: YCIPTA will negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

4.4 Federal Cost Principles: Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles. Grantees may reference their own cost principles that comply with applicable Federal cost principles.

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4.5 Cost Plus Percentage of Cost Prohibited: The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used.

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5 REJECTION OF BIDS

Invitations for bids may be canceled after opening but prior to award, and all bids rejected, where it is consistent with Federal, State, and local procurement regulations. A written determination must be included in the invitation for bid file stating that cancellation is in the best interest of YCIPTA for reasons such as the following:

a) Inadequate, ambiguous, or otherwise deficient specifications were cited in the invitation for bids;

b) The supplies or services are no longer required;

c) The invitation for bids did not provide for consideration of all factors of cost to YCIPTA;

d) Bids received indicate that the needs of YCIPTA can be satisfied by a less expensive item differing from that on which bids were received; e) All otherwise acceptable bids received are at unreasonable prices;

f) The bids were not independently arrived at in open competition, were collusive, or were submitted in bad faith. Such situation must be substantiated and reported to YCIPTA counsel;

g) The bids received did not provide competition, which was adequate to ensure reasonable prices. A price or cost analysis may be used to establish the reasonableness of price; or

h) Adequate funding is not available to enter into and administer the contract.

5.1 Rejection of Individual Bids: Normally, any bid which fails to conform to the essential requirements of the invitation for bids, such as specifications, delivery schedule, warranty, or the required bid documents, shall be rejected as non-responsive.

A bid shall be rejected where the bidder imposes conditions, which modify requirements of the invitation for bids. For example, bids may be rejected in which the bidder:

1) Attempts to protect himself against future changes in conditions such as increased costs, if a total price to YCIPTA cannot be determined for bid evaluation;

2) Fails to state a price and in lieu thereof states that price shall be “price

3) States a price but qualifies such price as being subject to “price in effect at time of delivery”;

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4) Where not authorized by the invitation for bid, conditions or qualifies his/her bid by stipulating that the bid is to be considered only if, prior to date of award, bidder received or does not receive award under a separate procurement;

5) Limits rights of YCIPTA under any contract clause;

6) Fails to comply with all of the requirements of the IFB.

5.1.1 Bids received from any person or firm debarred or ineligible shall be rejected if the period of debarment or ineligibility has not expired.

5.1.2 Low bids received from firms determined to be not responsible pursuant to Federal, State or local procurement regulations shall be rejected.

5.1.2.1 A determination of responsibility will be made and documented to file prior to award, and the review used to make that determination shall consist of an analysis of the bidder’s ability to provide the appropriate financial backing, equipment, facility and personnel; ability to meet the delivery schedule, a satisfactory period of performance, record of integrity (suspension or debarred list checks), and receipt of all necessary data from the supplier.

5.1.3 A bid may be rejected if a bid guarantee and / or insurance is required and a bidder fails to furnish it in accordance with the requirement of the invitation for bids.

5.1.4 The originals of all rejected bids, and any written findings with respect to such rejections, shall be preserved in the file relating to the procurement.

5.1.5 After submitting a bid, if a bidder transfers all of his/her assets or that part of his/her assets related to the bid during the period between the bid opening and the award, the transferee may not take over the bid, thus, YCIPTA may reject the bid.

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6 AWARD OF CONTRACT/COMPETITIVELY BID CONTRACTS

In the event of a purchase subject to sealed bids, after considering the report of the YCIPTA Transit Director, the YCIPTA Board shall award the contract to the lowest responsible bidder, or reject all bids, and may readvertise in its discretion. A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. When specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs shall be considered in determining which bid is lowest. Contracts for goods or services based on other procurement methods allowed as described above in section 3 may be awarded as follows:

6.1 Contracts for procurement of goods and services for amounts of $5,000 and above:

Contracts in this range will be awarded by YCIPTA Board authorizing the YCIPTA Transit Director to enter into such contract.

6.2 Contracts for Procurement of goods and services for amounts between $0 and $24,999:

Contracts for procurements of goods and services for amounts between $0 and $24,999 shall be awarded by the YCIPTA Transit Director, in his/her discretion and as authorized by YCIPTA bylaws, or any other YCIPTA Board action or resolution.

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7 DETERMINATION - LOWEST RESPONSIBLE BIDDER EVALUATION

Before the YCIPTA Board awards the contract, or the YCIPTA Transit Directorauthorizes the procurement, YCIPTA shall make a determination that a prospective contractor is responsible and the prices are reasonable. This information will be given to the Purchasing Agent. A responsible prospective contractor is one who meets the standards forth below:

a) Has adequate financial resources, or the ability to obtain such resources as required during the performance of the contract;

b) Is not listed on the Federal “List of Parties Excluded from Federal Procurement or Nonprocurement Programs (Debarred List)” located at http://www.epls.gov/

c) Is able to comply with the required or proposed deliver or performance schedule, taking into consideration all existing business commitments, commercial as well as governmental;

d) Has a satisfactory record of performance. Contractors who are, or have been seriously deficient in current or recent contract performance, when the number of contracts and the extent of deficiency of each are considered, will be considered non-responsive;

e) Has a satisfactory record of integrity and business ethics;

f) Is otherwise qualified and eligible to receive an award under applicable laws and regulations;

g) Has the necessary organizational, experience, operational controls; and technical skills, or the ability to obtain them; or

h) Has the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

Evaluation of the responsibility of prospective contractors may be made based upon the following sources:

1) A list of debarred, suspended or ineligible firms or individuals;

2) From the prospective contractor’s bids and proposals, replies to questionnaires, financial data such as balance sheets, profits & loss statements, cash forecasts, and financial histories of the contractor and affiliated concerns; current and past production records, list of tolls,

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equipment, and facilities, written statements of commitments concerning financial assistance and subcontracting arrangements;

3) Publications, including credit ratings, trade and financial journals, and business directories may also be used;

4) References such as suppliers, subcontractors, customers or the prospective contractor, banks and financial institutions, commercial credit agencies, other government agencies, purchasing and trade associations, and better business bureaus and chamber of commerce; or

5) Documented past performance on contracts with YCIPTA.

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8 FILING PROTESTS

8.1 Definitions

1) Awarding Authority: The YCIPTA Board or Purchasing Agent possessing the authorization to make final decisions regarding selection of bidders or proposers.

8.2 Filing Procedure: Protests dealing with restrictive specifications or alleged improprieties in solicitation must be filed no later than ten (10) working days prior to bid opening or closing date for receipt of proposals. Any other protest must be filed no laterthan three (3) working days after:

1. Notification of Intent to Award is issued for award of contract if the contract is awarded by YCIPTA Board and YCIPTA Board follows staff recommendation; or

2. Notification of Award is issued if the YCIPTA Board has delegated award authority to the Purchasing Agent or YCIPTA Board does not award the contract according to the Notification of Intent to Award.

Protests shall be in writing and addressed to the YCIPTA Transit Director.The protest shall identify the protestor, contain a statement officially declaring a protest and describing the reasons for the protest, and provide any supporting documentation. Additional materials in support of the initial protest will only be considered if filed within the time limit specified above. The protest shall indicate the ruling or relief desired from YCIPTA.

8.3 Confidentiality: Materials submitted by a protester will not be withheld from any interested party, except to the extent that the withholding of information is permitted or required by law or regulation. If the protest contains proprietary material, a statement advising of this fact may be affixed to the front page of the protest document and the alleged proprietary information must be so identified wherever it appears.

8.4 Withholding of Award: When a protest is filed before opening of bids or closing date of proposals, the bids will not be opened prior to resolution of the protest, and when the protest is filed before award, the award will not be made prior to resolution of the protest, unless the Awarding Authority determines that:

a) Items to be procured are urgently needed, or delivery or performance will be unduly delayed by failure to make award promptly; or

b) Failure to make award will cause undue harm to YCIPTA.

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In the event an award is to be made while a protest is pending, the Federal Transit Administration shall be notified if Federal funding is involved.

8.5 Processing the Request:

a) The YCIPTA Transit Director shall respond to the protestor within five (5) working days of receiving the protest. A conference on the merits of the protest may be held with the protester.

b) Any additional information required by YCIPTA from the protester shall be submitted as expeditiously as possible, but no later than three (3) days after receipt of such request.

8.6 Notification: The YCIPTA Transit Director shall notify the protester of a decision regarding the protest no later than ten (10) days following receipt of all relevant information.

8.7 Appeal:If a protester is not satisfied with the decision made by the YCIPTA Transit Director the protester may appeal the decision to the Awarding Authority by way of a letter to the YCIPTA Transit Director no later than three (3) working days after notification of denial of the protest by the YCIPTA Transit Director. If the YCIPTA Transit Director is the Awarding Authority the protester will be deemed to have exhausted its appeals to YCIPTA upon receipt of the initial rejection of the protest by the YCIPTA Transit Director. If Federal funds are involved, the protester may file protest with the Federal Transit Administration and/or Arizona Department of Transportation (ADOT) appealing the final decision of the Awarding Authority.

Review by FTA and/or ADOT will be limited to:

a) Violation of Federal law or regulations. b) Violation of YCIPTA’s protests procedures described herein, or failure by YCIPTA to review protest.

Protests must be filed with FTA (with a concurrent copy to YCIPTA) within five (5) days after the Awarding Authority renders a final decision, or five (5) days after the protester knows, or has reason to know, that the Awarding Authority failed to render a final decision.

After five (5) days, YCIPTA will confirm with FTA that FTA has not received protest on the contract in question.

Circular 4220.1F is available for review at YCIPTA office. A copy may be obtained for FTA at the following address:

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Federal Transit Administration Region IX 201 Mission Street – Suite 2210 San Francisco, Arizona 94105

Arizona Department of TransportationMultimodal Planning Division206 South 17th Avenue, MD 310 BPhoenix, AZ 85007

YCIPTA shall not be responsible for any protests not filed in a timely manner with FTA and/or ADOT.

In the event an award is to be made while a protest is pending, the Federal Transit Administration and/or ADOT shall be notified if Federal funding is involved.

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9 PURCHASE REQUISITION APPROVAL AND PURCHASE ORDERS

a) All purchase orders between $1,000 to $24,999 require the approval of the YCIPTA Transit Director, or his/her designee.

b) Purchase orders greater than $25,000 require the approval of the YCIPTA Board.

c) Purchase orders are not required for medical, legal, insurance, payroll, petty cash, travel reimbursements, utility payments, postage, temporary help, conferences and subscription renewals.

d) Purchase Requisition forms are filled out by the party requesting goods or services, and then input into the YCIPTA’ automated purchasing system by administrative staff to begin the approval process.

9.1 Purchase Orders (PO’s): Purchase Order (PO) numbers are assigned by the YCIPTA’ automated purchasing system after receipt and approval of a purchase requisition by the appropriate parties with proper authorization.

The YCIPTA Transit Director will review the Purchase requisition and all documentation to ensure its completeness, accuracy and compliance with FTA regulations.

9.2 Purchase Order Approval: YCIPTA automated purchasing system will route purchase requisitions to the correct authorization levels, and upon final authorization, assign a Purchase Order Number. YCIPTA Finance will sign the generated Purchase Order and notify the requestor that the Purchase Order has been authorized and provide the requestor with the Purchase Order.

The Requisitioner may either fax or orally notify the vendor of the approved Purchase Order number. A copy of the approval purchase order shall be sent to the vendor along with any FTA terms and conditions unless those terms already exist in a formal contract. The method of purchase shall be specified on the Purchase Requisition.

Vendors shall be told to include their Purchase Order number on all correspondence, including packages, invoices, credit memos, etc.

9.3 Receiving/Approval to Pay: Only authorized persons may receive goods. Upon receipt, the packing slip is compared to the goods received.

If correct, the packing slip is signed and dated as received.

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If the packing slip is also an invoice, these documents will then be sent to YCIPTA Finance for payment.

If the packing slip is not an invoice, requisitioner will check invoice file. If the invoice has been received, it should be matched against the packing slip. If it does not match the vendor should be notified. When a correct invoice is received, it should be attached to the rest of the procurement documentation and sent to YCIPTA Finance for payment.

For the receipt of services, the responsibility to deem the service completed will rest with the requisitioner. Upon completion, sign all documents that confirm the proper completion of services performed and forward the receiving document to the YCIPTA Transit Director for payment.

9.4 Blanket Purchase Orders: YCIPTA does not authorize the use of this type of purchase order unless Board approval has been provided and the appropriate method of procurement has been followed as directed in this manual.

9.5 Releasing Purchase Order Numbers: YCIPTA does not authorize the practice of giving Purchase Order numbers to requisitioners over the telephone without adherence to the policies contained herein.

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10 CHECK REQUEST POLICY

Check request forms are used to request payment for materials or services.

Check requests will be granted on the following circumstances:

1. Checks will be cut in accordance with the Yuma County Accounts Payable schedule.

2. Original invoice must be attached.

3. All receiving documents must be attached.

4. All requests must be signed by the YCIPTA Transit Director and YCIPTA Finance.

5. Purchase Order must be referenced, if applicable.

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11 PETTY CASH POLICY Purchases of up to $50 may be made through petty cash. However, this is a privilege that should never be used to circumvent the procurement procedures. Apetty cash voucher shall be obtained from YCIPTA Finance and approved by the YCIPTA Transit Director. All receipts, and any change received in the transaction, shall be returned to YCIPTA Finance immediately upon return to the facility.

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12 EMERGENCY ACQUISITIONS For internal control purposes, deviations from the process outlined in this section are permitted only in emergency situations, and only with the approval of the YCIPTA Transit Director. Whether an emergency exists will be determined by the YCIPTA Transit Director. Emergency procurements are those which, due to unusual circumstances beyond the control of the requisitioner, cannot be foreseen or otherwise provided for in the routine manner, but which must be accomplished without delay. Emergencies usually involve urgent repair of revenue vehicles, facilities or utilities, correction of unsafe conditions, which if left uncorrected would result in immediate financial loss, and the like. When a purchase order is issued in an emergency situation, the responsibility for following through with a Purchase Requisition is not relieved when the purchase is accomplished through emergency channels. A properly executed and approved Purchase Requisition must be provided in order to complete the requisition.

When an emergency arises, the requester may inform the YCIPTA Transit Director or his/her authorized designee of the requirements, including the vendor’s name and the approximate amount of the procurement. It is then the responsibility of the requisitioner to coordinate completion of the confirming Purchase Requisition. If the requester does not know which vendor will be used, the YCIPTA Transit Director or his/her authorized designee shall be notified as soon as a vendor is located.

In instances where a valid emergency exists and goods or services may be obtained after normal working hours, the requester may follow one of the several options:

1) Make the purchase from a firm willing to accept an oral Purchase Order;

2) Pay cash and be reimbursed from petty cash (if less than $50), or by check, the following business day; or

3) Charge the purchase and present the sales slip the following day to have a Purchase Requisition processed and a check issued for reimbursement.

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13 SERVICE CONTRACTS AND/OR MAINTENANCE AGREEMENTS

Service contracts and maintenance agreements are legally binding documents stating that a particular vendor will perform the specified services on equipment as agreed upon and described. These contracts should be obtained by whichever procurement method is applicable, depending on amount and/or circumstances. All contracts, including service and maintenance, shall be submitted to the YCIPTA Legal Counsel for review and approval.

Repairs of equipment not covered by service contracts or maintenance agreements must have a Purchase Order number issued before the equipment can be repaired. If the equipment is to be shipped or hand carried for repair, a Purchase Requisition should be prepared (including estimates) for proper record keeping prior to shipment.

For all repairs, the following information is required:

a) Make, model and serial number of equipment;

b) Inventory tag number;

c) Department where equipment is located;

d) Hourly or flat rate to be charged; and

e) If the item being repaired is an accessory to a major piece of equipment, provide the above information from the equipment to which it is an accessory.

(NOTE: If a Purchase Order number was orally given because of an on-site emergency repair, the Purchase Requisition must have that number affixed, include all the information shown above, and have a written service report of the incident attached before sending to YCIPTA Finance.)

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14 PROCEDURES FOR CHANGE ORDERS/CONTRACT MODIFICATION

This section describes the steps to take when changes or cancellations must be made to existing purchase orders or contracts.

14.1 Changes to Purchase Orders and Contracts: Changes are made to existing purchase orders and contracts either by issuing a purchase order change or a contract amendment (and sometimes both). Examples of circumstances that warrant making a change to a purchase order or contract are:

1) When there is a substantial change in the description of the supplies or services to be delivered against the purchase order or contract.

2) When there is a change in the scope, price and/or quantity or delivery of supplies or services to be delivered against the purchase order or contract.

3) When the specifications, terms or conditions are in error or need to be modified.

4) When there is a change in funding.

All purchase order and contract modifications for purchases over $3,000 must be approved by the YCIPTA Transit Director. The YCIPTA Transit Director may approve changes and modifications that do not exceed the project budget and do not exceed a one-time increase of 10% above the originally–approved contract price, with a limit of $50,000. Changes/Modifications that exceed $50,000 must be approved by the YCIPTA Board of Directors.

14.1.1 Processing Time Required: Changes to purchase orders and contracts will usually be completed within five (5) working days after a Request for Correction/Change to Purchase Order is received by the YCIPTA Transit Director.

NOTE: Changes that require approval of the YCIPTA Board require a longer period of time. If YCIPTA Board approval is required, a minimum of three (3) weeks may be required before a change can be completed.

14.1.2 Information Required by the YCIPTA Transit Director: A completed Memo Request for Correction/Change to Purchase order or contract must be submitted to the YCIPTA Transit Director. The Request should include a complete description of all needed changes and the reason for the changes. It must be signed by the Project Manager.

14.1.3 Changes to purchase orders and contracts that constitute an “out of scope” or “Cardinal change” to the purchase order or contract are

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considered “Tag-ons” and are prohibited unless accompanied by a sole source justification. A determination that a change to a purchase order or contract does not constitute an out of scope change is required prior to authorization and that determination must be documented to the contract file.

14.2 Cancellations of Purchase Orders: Purchase orders are canceled either by issuing a purchase order change or a letter of cancellation (or both). Such cancellations can be made by the YCIPTA Transit Director when the necessary information regarding the need for the cancellation is provided.

14.2.1 Processing Time Required: Cancellations of purchase orders and contracts will usually be completed within five (5) working days after the YCIPTA Transit Director receives a Request for Correction/Change to Purchase Order. The requesting organization will receive a copy of the Purchase Order marked CANCELED or a copy of the letter canceling the contract after the cancellation has been completed.

14.2.2 Information Required by YCIPTA Transit Director: A Request for Cancellation must be submitted to the YCIPTA Transit Director. The Request should ask that the purchase order or contract be canceled and should give the reason for the cancellation. It must be signed by requisitioner.

14.2.3 Description of Process: Upon receipt of the Request for Cancellation, the YCIPTA Transit Director will review the information and approve/disapprove, as appropriate. If cancellation is approved, the purchase order/contract will be forwarded to the Transportation Finance Officer who will effect the cancellation. The requesting organization and thevendor will receive a copy of the purchase order marked “CANCELED” and/or letter notifying them of contract cancellation

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15 PURCHASING PROCEDURE AMENDMENT From time to time, the U.S. Department of Transportation, FTA or other governing bodies may set forth new procurement standards, issue supplementary directives, or revise certain procurement regulations or procedures. The amended policy or procedures will then be incorporated into YCIPTA’s Procurement Policy.

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16 CONTRACT PROVISIONS FOR FTA GRANTEES A number of general contract provisions are required by the Federal Transit Administration (FTA) for FTA funded contracts. These provisions are intended to establish minimum guidelines to which grantees must adhere when purchasing supplies, equipment and construction and professional services. Additionally, a number or provisions are required by State law and local practice.

YCIPTA will work with the YCIPTA legal counsel’s office to include all necessary contract clauses in each contract. Special attention will be given to the applicability and inclusion of model contract clauses from the Federal Transit Administration’s Best Practices Procurement Manual. These contract requirements change from time to time, so when drafting a contract check the latest contract clause requirements from FTA.

Appendix A references FTA C 4220.1F, Appendix D Federally Required And Other Model Clauses that provides the necessary clauses and forms for inclusion in YCIPTA contracts.

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17 SURPLUS PROPERTY

17.1 PurposeThe intent of this policy is to establish uniform guidelines for the disposal ortransfer of surplus, or obsolete YCIPTA equipment and supplies. This policyshall apply to all tangible personal property, including rolling stock andtechnology equipment. . 17.2 Definitions

“Equipment” shall mean all tangible personal property that has a useful life ofmore than one (1) year and an acquisition cost of $1,000 or more per unit. Thisdefinition includes rolling stock and other tangible (movable) property used inthe provision of public transit service.

“Supplies” shall mean all tangible personal property of YCIPTA other thanEquipment having a useful life of less than one (1) year and an acquisition costunder $1,000.

“Surplus or obsolete equipment” means tangible personal property which YCIPTA determines is no longer required for its needs or for the fulfillment ofits responsibilities.

“Market Value” means the most probable price which equipment or suppliesshould bring in a competitive and open market.

“Net proceeds from the sale of surplus or excess property” means the amountrealized from the sale of property no longer needed for transit purposes lessthe expenses of any actual and reasonable selling and fixing-up expenses.

“Service Life or Useful Life” of rolling stock begins on the date the vehicle isplaced in revenue service and continues until it is removed from service.

“Straight Line Depreciation” means the method by which the value of YCIPTAequipment is depreciated (reduced) over its service or useful life as apercentage of its cost.

17.3 Disposition AuthorizationThe YCIPTA Transit Director may authorize the disposal of any surplus or obsolete equipment or supplies having an original acquisition cost not exceeding$99,999, providing the useful life of said equipment or supplies have beenmet.

The YCIPTA Transit Director is authorized to sell or dispose of surplus or obsolete equipment or supplies, when it is judged to be in the best interest of theorganization that the property concerned is an estimated market value of up to$25,000 per unit.

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The Board of Directors may authorize the disposal of any surplus or obsoleteequipment or supplies having an original acquisition cost exceeding $100,000 or any real property owned by YCIPTA.

The YCIPTA Transit Director shall prepare a report to the YCIPTA Board of Directors recommending disposition shall include acquisition cost, source of funding, funding agency and reimbursement to the funding agency, if required.

17.4 Disposition of FTA Funded Tangible Personal Property

17.4.1 Rolling Stock: With respect to rolling stock originally funded by FTA funds, any disposition before the end of its service life requires prior FTA approval. In addition, if rolling stock is removed from service and disposed of before the end of its useful life, the return to FTA is the greater of the FTA share of the unamortized value of the remaining service life per unit, based on straight line depreciation of the original acquisition cost, or the Federal share of the sales price (even though the unamortized value is $5,000 or less).

17.4.2 Equipment and Supplies over $5,000 value: After the service life of equipment is reached, equipment with a current market value exceeding $5,000 per unit, or unused supplies with a total aggregate fair market value of more than $5,000, may be retained or sold, with reimbursement to FTA of an amount calculated by multiplying the total aggregate fair market value at the time of disposition, or the net sale proceeds, by the percentage of FTA’s participation in the originalacquisition.

17.4.3 Equipment and Supplies less than $5,000 value: Equipment with a unit market value of $5,000 or less, or supplies with a total aggregate market value of $5,000 or less, may be retained, sold or otherwise disposed of with no obligation to reimburse FTA, providing the useful service life requirements have been met. Records of this action must be retained.

17.5 Methods of Disposition of Tangible Personal PropertyApproved methods for the disposition of surplus or obsolete tangible personalproperty shall include: (1) trade-in as part of a new procurement; (2) transfer orsale to other public agencies; (3) transfer to non-profit agencies or organizationsconsistent with established legal parameters; (4) sale by auction open to thepublic; (5) solicitation of sealed bids or negotiated sale; whichever maximizes thedisposal value to YCIPTA; or (6) disposal through scrapping.

17.6 Prohibited SalesExcept in the case where surplus or obsolete YCIPTA property is sold at publicauction conducted by an independent third party auctioneer, members of theBoard of Directors and/or employees of YCIPTA, or persons acting as agentsof the foregoing, shall not be permitted to purchase at the sale.

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17.7 Reports to the Board of DirectorsOn a bi-annual basis, the YCIPTA Transit Director shall provide, as an information item to the Board, a report of the activities relating to the disposal of surplus or obsolete property describing the identification of property, type of items disposed of, original purchase price information and dates, the gross salesprice, and the net proceeds to YCIPTA.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:7 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Personnel Policies.

3. SUMMARY: The Yuma County Intergovernmental Public Transportation Authority as a newly created entity has two employees on its payroll with no official human resources policies, procedures and protocols in place. The Transit Director will be interviewing applicants for the Contract Administrator and in the future will request to add additional staff as the Transportation Authority prepares to assume operations of the transit system. To ensure that there are proper protocols in place for human resources related issues, staff has developed personnel policies which are a hybrid of the Yuma County Personnel Policies, but tailored to meet the needs of the Transportation Authority.Staff consulted personnel policies from YMPO, City of Somerton, Yuma County and Imperial County Transportation Commission to facilitate the development of these policies. Staff also consulted with the Personnel Subcommittee of the Board to obtain guidance.

For the purposes of adopting these personnel policies, procedures and protocols, the General Manager (Transit Director) shall be defined as a “non-eligible employee” as defined in Yuma County Personnel Rule (PR) 101(43) and, therefore, for purposes of clarification, the parties agree that the following Personnel Rules are not applicable: PR-801.A, PR-801.B or PR-802.A and that the General Manager’s employment relationship is “at will” and not “for cause,” and as such, said relationship may be terminated at any time and for no reason or cause, at the will of either party, without consequence, legal or otherwise as defined by A.R.S. § 28-9122.

A benefits plan and policy will be brought forward to the Board of Directors at a future meeting.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopt the Yuma County Intergovernmental Public Transportation Authority Personnel Policies.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed______No legal review required_______________Date ____9-20-2011_________________ Date _____9-20-2011________________________

9. ATTACHMENTS: Personnel Policy

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:8 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Purchasing Card Policy and Approve a Purchasing Card for the Transit Director.

3. SUMMARY: The Transit Director has expenses that require the use of a purchasing card. Presently he is using his personal credit card and then seeking reimbursements from the Transportation Authority.

The credit card will only be used for expenses that cannot be reasonably purchased with a purchase order or invoice. The Program Administrator will be the Transit Director and the designated fiscal representative from the Board will monitor the use of the card. Staff anticipates a credit limit of $1,000 should be sufficient to meet the Transportation Authority’s needs. There is no interest rate and payments are due 45 days from receipt of invoice.

The Transportation Authority would be utilizing the State of California Department of General Services Agreement with US Bank for the purposes of obtaining this purchasing card, which is a VISA card, through a piggyback arrangement with the State of Arizona Procurement Office and the Western States Contracting Alliance.

The policy attached will establish the guidance for utilizing the purchasing card(s) by the Transit Director.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopt the Yuma County Intergovernmental Public Transportation Authority Purchasing Card Policy and approve a Purchasing Card for the Transit Director.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed______Wayne Benesch_____________Date ____9-20-2011_________________ Date _____9-20-2011________________________

9. ATTACHMENTS: Purchasing Card PolicyParticipation Addendum for US Bank to obtain a Purchasing Card

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

PURCHASING CARD POLICYAdopted: October 1, 2011

The purpose of the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) Purchasing Card Program is to streamline and simplify the requisitioning, purchasing and payment process for small dollar transactions. The Program is designed to shorten the approval process and reduce the paperwork of procurement procedures such as purchase orders, petty cash, check requests and expense reimbursements. The goal of the Program is to:

o Reduce the cost of processing small dollar purchaseso Receive faster delivery of required merchandiseo Simplify the payment process

Purchasing card shall mean a government issued credit card with the Visa, MasterCard, American Express or Discover logo, fuel cards, wholesale membership club cards and retail store issued commercial card for the purposes of procurement of products and services for YCIPTA.

Card Issuance:The cardholder will complete a cardholder application form, which will then be signed by theYCIPTA Transit Director and the Purchasing Card Administrator (the Finance Director, or designee). By signing the application form, the cardholder agrees to adhere to the guidelines established in the Cardholder Agreement. The cardholder is the only person entitled to use the card and the card is not to be used for personal use. Use of the card for personal use may result in discipline up to and including termination. As each purchasing card is linked to an individual employee, the card cannot be transferred from one employee to another. If a purchasing card is linked to YCIPTA and not the employee, then that card must be checked out from the Transit Director prior to use by an employee.

Limitations and Restrictions:There are different credit limits to each card. There also is a single transaction limit placed on thecard, which means the card will be declined if the cardholder attempts to purchase more than thisset amount at one time. A purchase may not be split to avoid the single transaction limit.

The Purchasing Card Program also allows for Merchant Category blocking. The only MerchantCategory that is blocked is “Other” which includes gambling, casinos, bowling alleys and someother entertainment. If the cardholder attempts to use the card at such a merchant, the purchasewill be declined.

All requests for changes in limitations and restrictions must be made through the cardholder’ssupervisor to the Purchasing Card Administrator.

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Authorized Purchases:The Purchasing Card Program is intended for travel, maintenance, repair, operating and otherlow value purchases needed during the course of business. These purchases may include:

o Books and subscriptionso Computer supplieso Daytimers and calendarso Professional membership dueso Seminars, classes or registration feeso Hardware and toolso Spare partso Miscellaneous supplieso Travel costs o Meals for work related purposes (i.e. travel, meetings)o Equipment Rentalo Fuel for work vehicles

Unauthorized Purchases:o Items for personal useo Any single transaction exceeding transaction limitso Fuel for personal vehicleo Items requiring a requisition and purchase ordero Capital goodso Leased equipmento Dividing an order to satisfy authorized transaction limitso Purchase or travel outside of the United States

Lost or Stolen Cards:Keep the Purchasing Card in a secure location. It needs to be accessible only to the cardholder.If the Purchasing Card is lost or stolen, notify the Program Administrator immediately. The Program Administrator will follow up through written notice of the lost or stolen card. Only through both the verbal and written notice is the liability for unauthorized purchases reduced for YCIPTA.

Reconcilement and Payment:All transactions processed during the weekly cycle will be indicated on a monthly statement ofaccount. During the cycle, cardholders are responsible for submitting their statements withreceipts within 5 working days with the activity and reporting category information to theProgram Administrator. The Program Administrator will audit your receipts with the statementand authorize the payment and the accounting codes.

Cardholders are to review the monthly statement of account for accuracy, including transactions,amounts, and provide accounting codes. The cardholder shall then sign the audit stamp on thegoods or services received line and forward the statement to the supervisor to approve forpayment. The statement shall be returned to the Program Administrator within five (5) working days to expedite payment.

Charges will be expended to the cardholder’s department by Program Administrator using theaccount information on the statement provided by the cardholder.

Disputed or Fraudulent Charges: If there is a discrepancy between the records and the statement, the issue needs to be addressedimmediately. Depending on the type of discrepancy, the cardholder will need to contact either themerchant or your Program Administrator to resolve the disputed transaction.

If the cardholder believes the merchant has charged the account incorrectly or there is anoutstanding quality or service issue, the first contact shall be with the merchant to try to resolvethe error or problem. If the matter is resolved directly with the merchant, and the error involvedan overcharge, a credit adjustment should be requested and to appear on the next statement.

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If the merchant disagrees that an adjustment is necessary, the cardholder should immediatelycontact the Program Administrator who will work to resolve the dispute. If the dispute is notresolved to the cardholder’s satisfaction, and the cardholder believes that he or she has beenunfairly treated by the merchant, the cardholder must notify the supervisor with the relevantdetails.

Any fraudulent charge, i.e., a charge appearing that was not authorized, must be reportedimmediately to the Purchasing Card Administrator. Prompt reporting of any such charge will helpto prevent the company from being held responsible.

Sales and Use Tax:YCIPTA is tax exempt. A Tax Exemption Certificate (AZ Form 5000 from Arizona Department of Revenue) must be filled out and submitted with the purchase. If you happen to pay tax on a purchase, the employee will be responsible to reimburse YCIPTA for the taxes paid.

Loss of Privileges:Failure to comply with the requirements of the Purchasing Card User Manual will result in immediate revocation of the Purchasing Card privileges. Privileges can be restored one time only after a six-month waiting period following the loss of privileges. The restoration of privileges must be requested by the Transit Director and will require a new Purchasing Card User Agreement. Any subsequent loss of privileges will be permanent.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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CAL-Card New Implementation Process

A standard CAL-Card implementation takes 30-60 days (Based on agency needs and their responsiveness to U.S. Bank requirements)

Stage Who Does It

Description

1 Agency � Submits Request to Participate form to U.S. Bank with all required documentation as listed below: � State Agencies: completed Std. 213� Local Agencies: completed Local Agency Addendum and

three years of current audited financials.2 U.S.

Bank� Contacts agency within three (3) business days to confirm

receipt of package. � Std. 213/Contract Addendum and most recent three years of

audited financial reports are reviewed by U.S. Bank� Completes contract/credit review process within 20 business

days (assumes receipt of complete required documentation)3 U.S.

Bank� Within 24 hours of completed contract/credit review process,

Implementation Project Manager contacts agency to schedule implementation meeting

� Conducts implementation meeting with agency� US Bank will provide required documentation to be completed

by agency � Discusses Access Online capabilities; agency requirements� Obtains Agency information to create AccessOnline

id/password� Provides direction to program information on CAL-Card website� Provide Access Online web based training passwords

4 Agency � Forwards completed documentation to US Bank� Reviews/Downloads program information from CAL-Card

website� Schedules training for CAL-Card Program Training � Develops internal CAL-Card policies, procedures and training� Completes Access Online web based training

5 U.S. Bank

� Within 10 days of receipt of required documentation, U.S. Bank will provide Access Online User ID and card setup quick reference guide.

6 Agency � Submits requests for new account set up via Access Online.� Cardholder activates card within 14 days of receipt by calling

the 800 number on the activation sticker

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ADDENDUM TO STATE OF CALIFORNIA PURCHASE CARD PROGRAMMASTER SERVICES AGREEMENT (DGS MSA 5-06-99-01)

This Participating Agency Addendum (“Participating Agency Addendum”) is entered into, by and between U.S. Bank National Association ND (“U.S. Bank”) and the Participating Agency identified herein and executing this Participating Agency Addendum as “Participating Agency”, and constitutes an addendum to and modification of the State of California Purchase Card Program Master Services Agreement (DGS MSA 5-06-99-01) dated October 19, 2006 (the "Agreement") between the Department of General Services ("DGS") on behalf of the State of California, and U.S. Bank. The Master Services Agreement DGS MSA 5-06-99-01 and its amendments are incorporated by reference and made a part of this Participating Agency Addendum. This Participating Agency Addendum shall become effective upon signing by or on the behalf of U.S. Bank (“Effective Date”) and supersedes any previous and like addenda with Participating Agency.

RECITALS:

A. DGS has entered into the Agreement for the purpose of making available the Purchasing Card Program as described in the Agreement for use by for Participating Agencies; and

B. The Agreement contemplates the inclusion of Participating Agencies by a process of voluntary execution of an addendum; and

C. The Participating Agency has received a copy of the Agreement and after thorough review of the Agreement desires to become a Participating Agency as that term is defined in the Agreement.

AGREEMENT:

NOW THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by reference, the mutual promises and covenants set forth in the Agreement, which is incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participating Agency, andU.S. Bank agree as follows:

1. The Participating Agency agrees to accept and perform all duties, responsibilities and obligations required of Participating Agency as set forth in the Agreement. CAL-Cards shall be issued to employees of the Participating Agency upon execution of this Participating Agency Addendum by the Participating Agency and U.S. Bank. U.S. Bank shall submit invoice(s) to the Participating Agency at the address indicated herein.

2. U.S. Bank is authorized to place the seal or logo of the Participating Agency on the CAL-Cards issued to employees of the Participating Agency for the sole purpose of identifying the card for official use only. Such seal or logo shall be subject to use limitations as apply to the State seal on Page 3 of the Agreement.

3. The Participating Agency shall make monthly payments as provided in the Agreement to U.S. Bank of the full amount of the official monthly invoice by causing a check or checks or a warrant or warrants to be issued payable to the order of U.S. Bank on demand or by use of an Automated Clearing House or Electronic Data Interchange to make such payment to U.S. Bank.

4. The Participating Agency shall provide U.S. Bank with a copy of its audited financial statements within sixty (60)days of completion and, upon request of U.S. Bank, such other financial information as may be reasonably requested.

5. Either party may terminate this Participating Agency Addendum at any time by giving thirty (30) days written notice to the other party, whether or not such other party is in default.

6. The Participating Agency declares that CAL-Cards shall be used for official Participating Agency purchases only, and shall not be used for individual or consumer purchases nor to incur consumer debt. The Participating Agency warrants that it possesses the financial capacity to perform all of its obligations under the Agreement and this Participating Agency Addendum and the Participating Agency will not allow purchases to be made with CAL-Cards or incur any other financial obligation hereunder or under the Agreement prior to determining that existing appropriations available therefore are sufficient in amount to pay for such purchases or such other financial obligations.

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7. The contact notice address for the Participating Agency is:

Program Manager Name John Andoh

Participating Agency Name Yuma County Intergovernmental Public Transportation Authority

Mailing Address 2715 East 14th Street

City, State, Zip Yuma, AZ 85365

Email Address [email protected]

8. The agreements of the Participating Agency set forth in this Participating Agency Addendum and the Agreement constitute valid, binding and enforceable agreements of the Participating Agency and all extensions of credit made pursuant to this Participating Agency Addendum and the Agreement to the Participating Agency will be valid and enforceable obligations of the Participating Agency in accordance with the terms of the Agreement and this ParticipatingAgency Addendum. The execution of this Participating Agency Addendum and the performance of the obligations hereunder and under the Agreement are within the powers of the Participating Agency, have been authorized by all necessary action and do not constitute a breach of any agreement to which the Participating Agency is a party or is bound. The signer of this Participating Agency Addendum further represents and warrants that he or she is duly authorized by an applicable constitution, charter, code, law resolution or other governmental authority to enter into transactions of this nature. Participating Agency represents and warrants that this transaction is within the scope of the normal course of business and does not require further authorization for Participating Agency to be duly bound by this Participating Agency Addendum. This Participating Agency Addendum requires approval as to form by the Attorney for the Participating Agency. If this Addendum is not approved as to form by the Attorney for Participating Agency, the completion of the attached Certificate of Authority is required and must accompany this Participating Agency Addendum.

In witness whereof, the parties have, by their duly authorized representatives, executed this Participating Agency Addendum.

Dated this ____ day of _____________, 20___ by: Dated this day of _____________, 20___ by:

Yuma County Intergovernmental Public Transportation Authority

U.S. Bank National Association ND

Legal Name of Participating Agency

(Signature of Authorized Individual) (Signature of Authorized Individual)

John Andoh Steven R. Kehr(Printed Name of Authorized Individual) (Printed Name of Authorized Individual)

Transit Director Vice President(Printed Title of Authorized Individual) (Printed Title of Authorized Individual)

Approved as to form:

(Signature of Attorney for Participating Agency)

Wayne Benesch(Printed Name of Attorney)

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1. Scope: The Yuma County Intergovernmental Public Transportation Authority is a political subdivision of the State of Arizona charged with administering and operating public transit services within Yuma County, Arizona.

2. Changes: None

3. Incentive (Rebate) Programs WSCA states are entitled to the same Incentive (Rebate) Programs that are provided to California.

4. Primary Contact: Participating Entity’s primary contact for this Participating Addendum is

Name: John Andoh, Transit DirectorAddress:2715 East 14th Street, Yuma, AZ 85365Telephone:928-539-7076, ext 237Fax:928-783-0309E-mail:[email protected]

5. Subcontractors: The following subcontractor(s) are authorized to perform services: NONE.

6. Services Agreement Number: All Purchase Orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include WSCA Master Agreement number: 5-06-99-01.

7. Reports & Administrative Fee: Participating States or sub-agencies do not pay fees to the WSCA organization or the State of California. Administrative Fees are fees paid to the Participating State by the vendor . No changes are required.

Reports must include: Rebates paid to Participating State card users and Administrative Fee paid to Participating State, name of Participating Agencies within state, contact name, agency address, agency telephone number, and total dollars for the quarter.

A report is due even when there is no activity. Any report that does not follow the required format or that excludes information will be deemed incomplete. Failure to submit reports, rebates and administrative fees on a timely basis shall constitute grounds for suspension of this agreement. Reports and fee delivery will be in accordance with the following schedule.

Calendar Quarter 1 (JAN 1 to MAR 31) Due APR 30 Calendar Quarter 2 (APR 1 to JUN 30) Due JUL 31 Calendar Quarter 3 (JUL 1 to SEP 30) Due OCT 31

Calendar Quarter 4 (OCT 1 to DEC 31) Due JAN 31

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8. Purchase Orders: All Purchasing Entities issuing valid Purchase Orders will be bound by the terms and conditions of the WSCA Master Agreement including, without limitation, the obligation to pay Contractor for Services provided. The parties acknowledge and agree that orders submitted to Contractor from a Purchasing Entity through the Purchasing Entity’s Business Procurement Card are authorized Purchase Orders under the WSCA Master Agreement.

9. Order of Precedence: The parties acknowledge and agree that:

(a) In the event of a conflict between the terms contained in the WSCA Master Agreement and this Participating Addendum, the terms and conditions of this Participating Addendum will control as between Contractor and the Participating Entity.

10. Effective Dates: This Participating Addendum shall be effective upon approval by the State of Arizona and will continue until the Termination Date of the Master Services Agreement, unless terminated early in accordance with the terms and conditions of the Master Services Agreement or this Participating Addendum.

This Addendum and the Services Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Services Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the ServicesAgreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Services Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms.

IN WITNESS WHEREOF, the parties have executed this Participating Addendum as of the date of execution by both parties below.

Yuma County Intergovernmental U.S. Bank National Association N.D. (U.S. Bank)Public Transportation Authority

By: __________________________ By:__________________________

Name: ___John Andoh__________ Name:________________________

Title: __Transit Director__________ Title:_________________________

Date:____09-26-11______________ Date:_________________________

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:9 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Federal Transit Administration Related Policies.

3. SUMMARY: To become a Federal Transit Administration (FTA) grantee, the Transportation Authority must demonstrate technical, legal, and financial capacity to manage the transit system. Several policies and programs must be in place to meet FTA requirements to be an eligible grantee. The following policies and programs are presented for consideration:

DBE Policy Public Participation Policy for Fare and Service ChangesDrug Free Workplace Policy Title VI ProgramEqual Opportunity PolicyBudget PolicyYMPO Public Participation Plan

DBE Policy As a condition of receiving federal transportation grants, The Transportation Authority must certify that it will comply with the federal requirements for a DBE program found in 49 CFR Part 26. The policy states that it is the policy of the Transportation Authority to ensure that DBEs as defined in part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. The policy designates the Transportation Authority Contract Administrator/ Transit Planner as the DBE Liaison Officer as the person responsible for implementing the program.

An Annual Anticipated DBE Participation Level (AADPL) must be established for contracts awarded with federal funds. The AADPL for the Transportation Authority for FY 2011-12 will be developed and submitted to the Board at a later date.

No later than June 15th

, a notice announcing the proposed overall goal must be published in a general circulation newspaper, informing the public that the proposed goal and its rationale are available for inspection during normal business hours at the principal office for 30 days following the date of the notice, and informing the public that comments on the goals will be accepted for 45 days from the date of the notice. The DBE goals must be submitted to FTA no later than August 1, 2011.

Public Participation Policy for Fare and Service ChangesAs a part of the FTA certifications and assurances grantees certify that they have a locally developed process to solicit and consider public comment prior to raising or decreasing a fare or implementing major reduction in public transportation service. Grantees are expected to have a written policy that describes the public comment process. The policy should provide an opportunity for a public hearing or meeting for any fare increase or major service reduction. It should describe how such meetings will be conducted and how the results will be considered. A public meeting is not mandatory; however, an opportunity for a public meeting in order to solicit comment must be provided.

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Drug Free Workplace Policy FTA requires all grantees to have and distribute to transit related employees a written policy that states that the workplace is drug-free and that it prohibits the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace. The Transportation Authority must notify employees that they must abide by the terms of the policy statement as a condition of employment. The Transportation Authority must inform all employees that, if convicted of a drug statute violation that occurred in the workplace, they are to report it to the

employer in writing no later than five calendar days after such a conviction. This policy is applicable to all transit related employees, not just safety-sensitive employees. Additionally, the Transportation Authority must establish an ongoing drug-free awareness program and must report to FTA, anemployee’s criminal conviction for drug statute violations that occur in the workplace within ten days of notification. The Transportation Authority must take appropriate disciplinary action within 30 days of receipt of notification of an employee’s criminal conviction.

Budget Policy The preparation of an annual budget is a critical milestone in the financial activities of the transit agency. Broad direction and procedures for preparing and adopting the annual budget are provided in an agency’s budget policy. This policy and other financial policies that will be adopted by the Board, establish the framework for the Board and staff to manage the agency’s finances.

The attached Transportation Authority Budget Policy is based on a survey of best practices within the transit industry. Budget policies from several agencies were reviewed and the best and most relevant elements were incorporated into the recommended policy. Key elements of the policy are:

• Per Arizona Revised Statutes 28-9143, the YCIPTA Board of Directors, no later than June 30 of each year shall hold a public hearing to adopt and submit to the Yuma County Board of Supervisors and the governing body of each participating municipality and university, a budget for the following fiscal year• The budget process begins with an initial discussion in March and the budget is adopted in May of each fiscal year. • Budget to actual reports are presented to the Board monthly.• The Transit Director may augment an existing line-item appropriation by reallocating funding within and among expenditure categories without further Board action, so long as the aggregate amount reallocated during the fiscal year does not exceed 10 percent of the original appropriation for that category. The Transit Director may request that the Board approve a proposed reallocation of greater than 10 percent of the original appropriation for a budget category. • Budgetary control is maintained at the modal level (e.g., fixed route transit, paratransit program) for annual operations and at the project level for each capital project.

Additional financial policies related to operating reserves, investments, debt, and accounting/audit will be presented for the Board’s consideration in the future.

Equal Employment Opportunity PolicyGrantees must ensure that no person in the United States shall on the grounds of race, color, religion, national origin, sex, age, or disability be excluded from participating in or denied the benefits of, or be subject to discrimination in employment under any project, program, or activity receiving Federal financial assistance under the Federal transit regulations.

A formal EEO program is required of any grantee that both employed 50 or more transit relatedemployees and received in excess of $1 million in capital or operating assistance or in excess of $250,000 in planning assistance in the previous Federal fiscal year. SolTrans is not required to have a formal EEO program, as it does not meet the threshold requirement. However, an EEO policy provides

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a statement to employees, stakeholders, and the public that SolTrans does not discriminate in employment.

The EEO policy states that the Transportation Authority will not discriminate with respect to recruitment, hiring, training, promotion, and other terms and conditions of employment. It also provides a process for EEO complaints to be filed and resolved with the agency.

Title VI ProgramEvery three years grantees must submit a Title VI program that documents their compliance with FTA Circular 4702.1A. The objectives outlined in the Circular are:

a. Ensure that the level and quality of transportation service is provided without regard to race, color, or national origin;b. Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations;c. Promote the full and fair participation of all affected populations in transportation decision making;d. Prevent the denial, reduction, or delay in benefits related to programs and activities that benefit minority populations or low-income populations;e. Ensure meaningful access to programs and activities by persons with limited means.

Limited English Proficiency (LEP)As part of the Title VI Program, a LEP plan is required. YMPO has prepared this document and it is the intent that the Board of Directors would adopt this plan as the Transportation Authority’s LEP plan. The report addresses public outreach and involvement activities, a plan for providing language assistance for persons with limited English proficiency, and the process used to investigate and track Title VI complaints. Updates to the program may be required with changes to YCAT service or at the request of FTA.

YMPO Public Participation PlanOne requirement of the FTA Title VI is to have a Public Participation Plan in place. In the Title VI Plan, it is referenced that the Transportation Authority has adopted the YMPO Public Participation Plan (PPP). While the Transportation Authority follows the current YMPO PPP, the Board needs to formally adopted this plan. The YMPO PPP has been determined to be compliant with the FTA PPP requirements.

These policies upon approval would be submitted to the FTA as part of the Grantee request package.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopt the Yuma County Intergovernmental Public Transportation Authority Federal Transit Administration Related Policies.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

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7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: DBE Policy, EEO Policy, Public Participation Policy for Fare and Service Changes, Title VI Policy, Budget Policy, Drug Free Workplace Policy and YMPO Public Participation Plan.

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

DISADVANTAGE BUSINESS ENTERPRISE (DBE) POLICYAdopted: October 1, 2011

Section 26.1, 26.23 Objectives/Policy Statement Yuma County Intergovernmental Public Transportation Authority (YCIPTA) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. YCIPTAhas received or will receive Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, YCIPTA has signed an assurance that it will comply with 49 CFR Part 26.

It is the policy of YCIPTA to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also our policy:

1. To ensure nondiscrimination in the award and administration of DOT – assisted contracts;

2. To create a level playing field on which DBEs can compete fairly for DOT-assisted contracts;

3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law;

4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;

5. To help remove barriers to the participation of DBEs in DOT assisted contracts; and

6. To assist the development of firms that can compete successfully in the market place outside the DBE Program.

The Contract Administrator/Transit Planner has been delegated as the DBE Liaison Officer. In that capacity, the Contract Administrator/Transit Planner is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by YCIPTA in its financial assistance agreements with the United States Department of Transportation and Arizona Department of Transportation (ADOT).

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YCIPTA has disseminated this policy statement to the YCIPTA Board of Directors and all of the components of the Authority. YCIPTA has distributed this statement to DBE and non-DBE business communities that perform work for us on DOT-assisted contracts by

inclusion in any YCIPTA bid and/or proposal documents. This policy is also posted on www.ycipta.org and available through contacting YCIPTA directly.

Approved:

_________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

PUBLIC INVOLVEMENT POLICY FOR MAJOR SERVICE REDUCTIONS, SERVICE CHANGES AND FARE CHANGES

Adopted: October 1, 2011

The public plays a critical role in the success and vitality of public transportation in Yuma County. Public input in all phases of transit – from route planning to the fare structure – is essential. The following policy outlines the local process for soliciting and considering public comment prior to a fare increase or service changes. This policy will also serve for the Yuma Metropolitan Planning Organization (YMPO) transit program until the transit program transitions to the Yuma County Intergovernmental Public Transportation Authority (YCIPTA).

Definitions

A fare change is any change to an existing, established fare rate or fare type applicable to regular fixed route or paratransit service which results in a higher or lower fare rate than is currently in effect.

A major service reduction is any action that reduces revenue vehicle service hours and/or revenue vehicle service miles by 20 percent of the entire transit system.

A service change is defined as any change that: • Reduces 20 percent or more of the number of transit route miles of a single route; or • Reduces 20 percent or more of the number of transit revenue vehicle service miles of a single route commuted on a daily basis for the day(s) of the week for which the change is made.

An open house is a public forum to provide an opportunity for the public to learn about a project or proposed operational changes and to solicit public comment prior to any public hearing.

A public meeting is designed to facilitate participation in the decision-making process, assist the public in gaining an informed view of a proposed project at

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any level of the public transportation project development process, gather public comment.

Policy

YCIPTA will solicit public input prior to or during the development of any proposal for a service change, major service reduction and/or fare increase/decrease. The public input process includes, but is not limited to, public hearings, public meetings, open houses, written or electronic comment forms, newspaper, television and radio advertisements, postings on YCIPTA’s website and public cable channels, submission of press releases, interviews with media outlets andgroup and advisory committee presentations.

YCIPTA staff will develop recommendations as to the appropriate type and level of public input required. If a proposal involves service changes or modifications deemed to be minor (under 20%), the Transit Director can either approve the service change and/or modifications or request that a public hearing be held in accordance with this policy

A public hearing is mandatory when a fare increase, decrease or major service reduction is proposed. A determination is made related to each proposal as to the appropriate scheduling of the public hearing. If service changes are temporary in nature, the public hearing will be held after the pilot period and the evaluation is completed. Emergency service changes or major service reductions shall not require a public hearing, if the proposed emergency service change is for less than 180 days with Board of Directors approval. Any changes in fares and/or implementation of a major service reduction shall result in a public hearing prior to initiation of action.

YCIPTA will consider and implement the principles of equality for all citizens as formulated in Title VI and the Executive Order for Environmental Justice to the extent reasonably possible.

Hearing Process

The following processes can be used for soliciting and considering public comment prior to a fare increase, decrease, service change and/or a major service reduction:

• On-going public comment. Throughout the year, YCIPTA welcomes comments by riders and other members of the public. Comments are recorded and accumulated for consideration at the time of the development of draft proposals for change or system improvements. Comments related to service changes, including requests for new routes or other services are accumulated for consideration in planning activities. All buses have

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comment cards and surveys. A comment form is available on the YCIPTA website as well.

• An open house. See definition above

• A public meeting. See definition above.

• Public hearing on changes. Staff will approve the scheduling of any public hearings concerning proposed major service reductions, service changesand/or fare increases or decreases. The Transit Director will be responsible for scheduling a public hearing which includes ensuring that proper notice is given.

A public hearing concerning service changes or fare increases or decreaseswill be scheduled 30 to 45 days in advance to allow for an additional public comment period and review of all input by YCIPTA staff prior to presentation to the YCIPTA Board of Directors and YMPO Executive Board upon a recommendation provided by the YCIPTA Board of Directors.

A public notice for any hearing shall be posted in at least one (1) conspicuous place in the city, town and/or County area affected by the proposed service change, major service reduction, fare increase and/or decrease. A copy of any proposals shall be available at the Yuma County Library District branches.

For all public hearings, public meetings and open houses, public notification shall include posting notices in bus shelters, buses and vans, newspaper, television and radio advertisements, postings on YCIPTA’s website and public cable channels, submission of press releases, interviews with media outlets and group and advisory committee presentations.

Development of Draft Proposals Regarding Major Service Reduction, Service or Fare Changes

Upon completion of a public meeting on proposed service changes, major service reduction and/or fare decreases/increases, a 10 day period for additional written comment will be scheduled. At the end of this period, staff will prepare a written summary analysis and report on the disposition of any and all comments received during this public comment period and at the public hearing.

The YCIPTA Transit Director may draft proposals for modifications to the changes in services or in fares based on consideration of the public comment. The Executive Director may also choose to act on the recommendation or require additional public input.

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Publication of Notice of Major Service Reduction, Service or Fare Changes

After final approval by the YCIPTA Board of Directors and YMPO ExecutiveBoard, a notice is published in the local newspaper for all major service reductions, service changes and/or fare changes. Also, the posting notices in bus shelters, buses and vans, newspaper, television and radio advertisements, postings on YCIPTA’s website and public cable channels, submission of press releases, interviews with media outlets and group and advisory committee presentations will occur to complete the implementation of a major service reduction, service change and/or fare increase or decrease.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

DRUG FREE WORKPLACE POLICYAdopted: October 1, 2011

I. PURPOSE

The purpose of this policy is to set forth the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) policy in compliance with the requirements of the Federal Drug-Free Workplace Act of 1988, which took effect March 17, 1989. Making the required certification of a drug-free work place is a precondition of receiving a contract or grant from a Federal agency beginning on March 18, 1989.

II. POLICY

YCIPTA must certify to the Federal Government that it will provide a drug-free workplace in connection with the performance of its Federal grants and contracts. It is the policy of YCIPTA to maintain a drug-free workplace for all employees and to have an ongoing drug-free awareness program.

YCIPTA shall notify employees that:

• The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace.

• Employees must abide by the terms of this policy statement as a condition of employment.

• If convicted of a drug statute violation occurring in the workplace, employees are to report such to YCIPTA in writing no later than five days after such a conviction.

It shall also be YCIPTA policy to include drug-free awareness information in its Employee Assistance Program.

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III. PROCEDURE

A. Employee Notification Statement

The attached Employee Notification Statement shall be given to and signed by all employees referred to this Policy. A signed copy of the Employee Notification Statement shall be retained in the employee’s personnel file.

B. Employee Program

YCIPTA Drug Free Awareness and Employee Assistance Program shall include information about:

1. The dangers of drug abuse in the workplace; 2. YCIPTA policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee

assistance programs; 4. The penalties which may be imposed upon employees for drug

abuse violations occurring in the workplace.

C. Notice of Employee Convictions

The Act requires YCIPTA to notify the Federal Transit Administration Regional Counsel within 10 days after receiving notice (whether from an employee or some other source) of an employee’s drug statute conviction for a workplace drug violation. Within 30 days of receiving such notice, YCIPTAis also required to take appropriate personnel action against such employee, up to and including termination, or to require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency.

D. Good Faith Compliance Efforts

YCIPTA will make a good faith effort to continue to maintain a drug-free workplace by implementing all of the above requirements. Our failure to comply with the provisions of this Act may subject YCIPTA to loss of payments under or termination of a contract, and to debarment as a federal contractor for up to five years.

IV. SUBSTANCE ABUSE POLICY STATEMENT

YCIPTA has the responsibility to maintain a safe and efficient working environment. Employees who work while under the influence of drugs or alcohol present a safety hazard to themselves and their co-workers. Moreover, the presence of drugs and alcohol in the workplace limits our ability to serve our customers.

A. The following conduct is grounds for discipline, up to and including termination:

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1. Use, possession, sale, or solicitation of illegal drugs; 2. Unauthorized use of alcohol on YCIPTA premises; 3. Reporting to work under the influence of alcohol or illegal drugs.

Employees with alcohol or drug dependencies are encouraged to seek assistance through the Employee Assistance Program.

B. YCIPTA reserves the right to require employees while on duty or on YCIPTAproperty (including parking lots), to agree to inspections of their persons, vehicles, lockers, and/or their personal property, according to the state of the law. If an employee withholds consent to such an inspection, YCIPTA may discipline the employee, up to and including termination.

C. YCIPTA reserves the right to investigate any possible violations of this

Substance Abuse Policy. If an employee refuses to participate in such an investigation, which may include medical testing for alcohol or drug use, YCIPTA may discipline the employee, up to and including termination. Such alcohol or drug testing shall be handled according to the state of the law.

V. SUBSTANCE ABUSE SEARCH AND INSPECTION POLICY

The use, possession, or sale of alcohol or non-prescription, illegal drugs by employees is strictly prohibited while on duty or on YCIPTA premises, including parking lots. Reporting to work under the influence of alcohol or non prescription, illegal drugs is also strictly prohibited. Violation of these policies will result in disciplinary action up to and including termination.

VI. DRUG FREE AWARENESS PROGRAM

YCIPTA will establish a drug-free awareness program for all its employees.

VII. GOOD FAITH EFFORT

YCIPTA will make a good faith effort to maintain a drug-free workplace, by implementing this policy.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY (YCIPTA)

EMPLOYEE NOTIFICATION STATEMENT REGARDING YCIPTA DRUG-FREE WORKPLACE POLICY

This statement is your official notification under the Drug-Free Workplace Act of 1988 that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace. Violation of this policy will result in appropriate disciplinary action, up to and including termination of employment, and/or the requirement that you satisfactorily participate in a drug abuse assistance or rehabilitation program as a condition of continued employment.

As a present condition of employment, the undersigned employee agrees to:

1. Abide by the terms of this statement; and

2. Notify YCIPTA of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

I have received a copy of this Employee Notification Statement, and I agree to abide by the terms of this Statement.

Employee Signature: _______________________________________

Print Name: ______________________________________

Date: __________________

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICYAdopted: October 1, 2011

Yuma County Intergovernmental Public Transportation Authority (YCIPTA) policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful.

YCIPTA is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in YCIPTA operations andprohibits unlawful discrimination by any employee of YCIPTA, including supervisors and coworkers. YCIPTA considers the attainment of equal employment a major objective and is committed to providing equal employment opportunities to all qualified persons.

YCIPTA will not discriminate with respect to recruitment, hiring, training, promotion, and other terms and conditions of employment. YCIPTA is an EEO employer and makesemployment decisions on the basis of merit. All other personnel actions or programs such as compensation, benefits, transfers, layoffs, recalls, YCIPTA-sponsored training, education, tuition assistance, social and recreational programs will be administered in a nondiscriminatory manner. All employment decisions shall be consistent with the principle of EEO policy.

An employee who believes that they have been subject to any form of unlawful discrimination shall provide a verbal or written complaint to the Executive Director. The complaint must be specific and must include the names of the individuals involved and the names of any witnesses. YCIPTA will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the complaint is against the Transit Director, the employee shall make the complaint to the Chair of the YCIPTA Board of Directors or the YCIPTA Legal Counsel.

If YCIPTA determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. YCIPTA will not retaliate against the employee for filing a complaint and will not knowingly permit retaliation by management employees or coworkers.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

TITLE VI PROGRAM REGULATION AND COMPLAINT PROCEDURE POLICY

Effective: October 1, 2011

The Yuma County Intergovernmental Public Transportation Authority (YCIPTA) is committed to ensuring that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any of its programs, activities, or services on the basis of race, color, national origin, age, sex, sexual orientation, or gender identity. All persons, regardless of their citizenship, are covered under this regulation. In addition, YCIPTA prohibits discrimination on the basis of race, color, national origin, age, sex, sexual orientation, or gender identity in its employment and business opportunities.

YCIPTA will not condone retaliation against an individual for his/her involvement in asserting his/her rights pursuant to Title VI or because he/she filed a complaint or participated in an investigation under Title VI, and /or this regulation.

As a Federal Transit Administration (FTA) fund recipient, YCIPTA will ensure that its programs, policies and activities comply with the Department of Transportation (DOT) Title VI Regulations of the Civil Rights Act of 1964.

YCIPTA will ensure that the level and quality of its transportation service is provided without regard to race, color, national origin, age, sex, sexual orientation, or gender identity.

YCIPTA will promote the full and fair participation of all affected populations in the transportation decision-making process.

YCIPTA will make good faith efforts to achieve environmental justice as part of itsmission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, activities, and services on minority populations and low-income populations within YCIPTA’s service area as provided herein.

YCIPTA will ensure that Limited English Proficient (LEP) individuals have access to YCIPTA’s programs, activities, and services.

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This regulation shall be maintained in English and Spanish and provided in other languages upon a 24 hour request to the YCIPTA Transit Director.

APPLICABILITYThis policy is applicable to all YCIPTA employees, members of the public and allcontractors hired by YCIPTA.

Failure of an YCIPTA employee to follow this policy and procedure shall subject such employee to disciplinary action up to and including employment termination.

DEFINITIONS

“Adverse Effect” means having a harmful or undesired effect.

“Discrimination” refers to any act or inaction, whether intentional or unintentional, in any program or activity of a Federal aid recipient, sub recipient, or contractor that results in disparate treatment, disparate impact, or perpetuates the effects of prior discrimination based on race, color, national origin, age, sex, sexual orientation, or gender identity.

“Gender Identity” refers to an individual’s gender, or lack thereof, a person self identifies with. It is not necessarily based on biological fact, either real or perceived, nor is it always based on sexual orientation. The gender identities one may choose from include male, female, both, somewhere in between (third gender) or neither.

“Limited English Proficient (LEP) Persons” are individuals for whom English is not their primary language and who have a limited ability to speak, understand, read, or write English. It includes people who reported to the U.S. Census that they do not speak English well or do not speak English at all.

“Low-Income Population” means any readily identifiable groups of low-income individuals who live in geographic proximity, and if circumstances warrant, geographically dispersed transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed DOT program, policy, or activity.

“Minority Individuals”

1. American Indian and Alaska Native, which refers to people having origins in any of the original peoples of North and South America (including Central America), and who maintain tribal affiliation or community attachment.

2. Asian, which refers to people having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent.

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3. Black or African American, which refers to people having origins in any of the Black racial groups of Africa.

4. Hispanic or Latino, which includes people of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

5. Native Hawaiian and Other Pacific Islanders, which refers to people having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands.

“National Origin” means the particular nation in which a person was born, or where the person’s parents or ancestors were born.

“Race” means a group of people united or classified together on the basis of common history, nationality, or geographic distribution.

“Recipient” means one that has received or is receiving Federal Financial assistance under the Acts. The term includes subrecipients of a recipient and subrecipients in FTA’s State administered programs.

“Retaliation” Any adverse action taken against another individual because of his/her participation in the complaint, investigation, or hearing relating to this policy or the provision of federal or state law.

“Sex” refers to the classification of an individual’s gender as either male, or female.

“Sexual orientation” refers to an individual’s preference in terms of sexual relationship with others, whether the individual is homosexual, heterosexual, or bisexual.

“Vital Documents” are documents that convey information that critically affects the ability of the customer to make informed decisions about his/her participation in the program (e.g., public notices, consent forms, complaint forms, eligibility rules, notices pertaining to the reduction, denial or termination of services or benefits, right to appeal, and notices informing customers of the availability of free language assistance).

GENERAL REQUIREMENTS AND GUIDELINESYCIPTA will carry out its programs, activities, and services in compliance with Title VI of the Civil Rights Act of 1964. YCIPTA or any of its employees will not, on the grounds of race, color, national origin, age, sex, sexual orientation, or gender identity, exclude any person from participating in, deny the benefits of, or subject him/her to discrimination under any of YCIPTA’s programs, services, or activities.

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YCIPTA or any of its employees will not, on the grounds of race, color, national origin, age, sex, sexual orientation, or gender identity:

a) Provide any service, financial aid, or benefit that is difference from that provided to others;

b) Subject an individual to segregation or separate treatment;

c) Restrict an individual in the enjoyment of any advantage or privilege enjoyed by others;

d) Deny any individual service, financial aid, or benefits under any of YCIPTA’s programs, services, or activities;

e) Treat individuals differently in terms of whether they satisfy admission or eligibility requirements;

f) Deny an individual the opportunity to participate as a member of a planning or advisory body.

YCIPTA shall evaluate significant system-wide service and fare changes and proposed improvements at the planning and programming stages to determine whether these changes have a discriminatory impact on low-income and Limited English Proficient individuals. This applies to major service changes that affect 20% of service hours of a route.

YCIPTA holds at least one Board Meeting every month to ensure that all individuals are afforded an opportunity to participate in transportation decisions.

YCIPTA’s legal counsel will maintain a list (a minimum of four years in active status) of any Title VI investigations, complaints, or lawsuits filed which allege YCIPTA discriminated against a person or group on the basis of race, color, national origin, age sex, sexual orientation, or gender identity. This list will include:

a) The date the investigation, complaint, or lawsuit was filed;b) A summary of the allegation(s);c) The status of the investigation, complaint, or lawsuit; andd) Any actions or corrective actions taken by YCIPTA in response to theinvestigation, complaint or lawsuit.

YCIPTA will keep the public informed of the protections against discriminationafforded to them by Title VI and YCIPTA’s obligations under Title VI by posting this policy, or a Title VI Policy Statement (Attachment A), on YCIPTA’s website atwww.ycat.org or www.ycipta.org. Title VI Policy Statement (Attachment A) will be posted in English and Spanish at YCIPTA provided in other languages upon a 24 hour request to the YCIPTA Transit Director.

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YCIPTA will take responsible steps to ensure meaningful access to the benefits,services, information and other important portions of its programs, activities and services for individuals who are Limited English Proficient (LEP).

YCIPTA will provide information, upon request from FTA and/or Arizona Department of Transportation, in order to investigate complaints of discrimination, or to resolve concerns about possible noncompliance with Title VI.

YCIPTA will submit its Title VI Program to the FTA’s regional civil rights officer once every three years to ensure compliance with title VI Requirements.

YCIPTA will ensure that minority and low-income individuals have meaningful access to YCIPTA’s programs, activities and services.

ENVIRONMENTAL JUSTICE REQUIREMENTSYCIPTA shall integrate an environmental justice analysis into its NationalEnvironmental Protection Act (NEPA) documentation of construction projects. YCIPTA is not required to conduct environmental justice analyses of projects where NEPA documentation is not required. YCIPTA will consider preparing an environmental assessment (EA) or environmental impact statement (EIS) to integrate into its documents the following components:

a) A description of the low-income and minority population within the study area affected by the project, and a discussion of the method used to identify this population (e.g., analysis of Census data, direct observation, or a public involvement process);

b) A discussion of all adverse effects of the project both during and after construction that would affect the identified minority and low-income populations;

c) A discussion of all positive effects of the project that would affect the identified minority and low-income populations, such as improvements in transit service, mobility, or accessibility;

d) A description of all mitigation and environmental enhancement actions incorporated into the project to address the adverse effects, including, but not limited to, any special features of the relocation program that go beyond the requirements of the Uniform Relocation Act and address adverse community effects such as separation or cohesion issues; and the replacement of the community resources destroyed by the project;e) A discussion of the remaining effects, if any, and why further mitigation is not proposed; and

f) For projects that traverse predominantly minority and low-income and predominantly non-minority and non-low-income areas, a comparison of mitigation and environmental enhancement actions that affect

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predominantly low-income and minority areas with mitigation implemented in predominantly non-minority or non-low-income areas.

LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUALS AND PUBLICPARTICIPATION REQUIREMENTSYCIPTA will seek out and consider the viewpoints of minority, low-income andLimited English Proficient (LEP) populations in the course of conducting public outreach and involvement activities. YCIPTA’s public participation strategy will offer early and continuous opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed transportation decisions.

YCIPTA will ensure that individuals have access to its programs, activities and services by developing and carrying out the language plan herein. YCIPTA will continually assess the language assistance needs of the population to be served.

YCIPTA will use the following four factors to determine what measures must beundertaken to provide reasonable and meaningful access to LEP individuals.

a) Languages likely to be encountered and the number or proportion of LEP persons in the eligible service population likely to be affected by the program, activity, or service.

b) Frequency with which LEP individuals come into contact with YCIPTA’sprograms, activities, and services.

c) Importance of the program, activity, or service provided by YCIPTA to LEP individual’s lives.

d) Resources needed to provide effective language assistance and costs.

ORAL LANGUAGE ASSISTANCEYCIPTA maintains bilingual staff to provide Spanish-speaking interpretation at itsAdministrative office and within its Customer Service office for basis transit questions and trip planning assistance.

COMPLAINTS/LAWSUITS AND APPEALS

How to File a Title VI Complaint with YCIPTA: Any person who believes thathe/she, or as a member of any specific class of individuals, has been subjected to discrimination on the basis of race, color, national origin, age sex, sexual orientation, or gender identity with respect to YCIPTA’s programs, activities, services, or other transit related benefits, may file a written Complaint with YCIPTA. A Complaint may be filed by the individual or by a representative. A Complaint must be filed within 180 days after the date of the allegeddiscrimination, but complainants are encouraged to submit complaints as soon as possible. YCIPTA will promptly investigate all Complaints filed under Title VI, pursuant to this Regulation.

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Complaint must include the following information:

a) A Complaint must be in writing and signed and dated by the Complainant or his/her representative before any action can be taken.

b) A Complaint shall state, as fully as possible, the facts and circumstances surrounding the alleged discrimination, including the name and address of the complainant, the date, time and location of the incident. The Complaint shall include a description of the program, activity or service on which the alleged discrimination occurred.

A Complaint Form (Attachment B) can be used to file a Title VI complaint with YCIPTA. A Complaint Form will be made in an accessible format upon request. A Complaint Form can be obtained at:

a) YCIPTA’s website at www.ycat.org or www.ycipta.org.b) By calling YCIPTA at 928.539.7076, ext 237 a complaint form can be mailed, faxed or emailed.c) By picking up a complaint form at 2715 East 14th Street, Yuma, AZ 85365. d) By emailing [email protected]) By faxing a request or letter to 928.783.0309.

If the Complaint is received by anyone besides YCIPTA’s Transit Director, theindividual in receipt of the Complaint shall forward it to the Transit Director or his/her designee as soon as practicable but no later than two (2) working days of receipts. The Transit Director shall immediately provide a copy of the Complaint to the Chair of the Board of Directors of the program, activity or service that is identified as being out of compliance.

YCIPTA’s Procedures for Investigating ComplaintsThe Transit Director or his/her designee shall promptly investigate the alleged complaint and shall prepare a written response as soon as practicable, but no later than ten (10) working days of his/her receipt of the complaint. The Transit Director or his/her designee may consult with appropriate staff in the preparation of his/her response to the complaint.

Efforts to Contact ComplainantYCIPTA Transit Director or his/her designee shall make efforts to speak (meeting or telephone conversation) with the complainant, at which time the complainant may give written or oral evidence supporting the allegation that his/her rights under Title VI have been violated. YCIPTA Transit Director or his/her designeeshall review and consider the response prepared by YCIPTA Transit Director or his/her designee, all the information provided by the complainant, if any, and any other evidence available regarding the allegations of the complaint. YCIPTA Transit Director or his/her designee shall prepare a written report of his/her

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findings and if corrective action is required, a timetable for the completion of such action.

Completion of InvestigationAs soon as it is practicable, but no later than twenty (20) working days following receipt of the initial complaint, the YCIPTA Transit Director or his/her designee shall inform the complainant of his/her findings and any corrective action to be taken as a result of the complaint together with the timetable for completion of such action.

Appeal to ChairIf the complainant is not satisfied with the findings and/or action of YCIPTA’sTransit Director or his/her designee, then the complainant may file his/her Complaint with the Chair of the Board of Directors or with the FTA’s Office of Civil Rights.

Appeal ProcessIf the complainant chooses to file his/her Complaint with the Chair of the Board of Directors, then the complaint and any supporting documentation should be submitted within five (5) working days of his/her receipt of the results of the Transit Director’s investigation, with the Chair of the Board of Directors by providing it to Transit Director at YCIPTA facility. Upon review of the file, the Chair of the Board of Directors shall notify the complainant of what actions, if any, will be taken as a result of the review by the Chair within ten (10) working days of the Chair’s notification that the complainant is not satisfied with the results of the YCIPTA Transit Director’s investigation. The decision of the Chair of YCIPTA Board of Directors shall be final.

Timeline WaiverAny timeline set forth herein may be extended by the YCIPTA Transit Director upon a showing of good cause.

How to File a Title VI Complaint with the FTA and ADOTAny person who believes that he/she or as a member of any specific class of individuals, has been subjected to discrimination on the basis of race, color, national origin, age, sex, sexual orientation, or gender identity, with respect to YCIPTA’s programs, activities, or services, or other transit related benefits, may file a written Complaint with FTA and Arizona Department of Transportation (ADOT). A Complaint may be filed by the individual or by a representative. A Complaint must be filed within 180 days after the date of the alleged discrimination. FTA and ADOT will promptly investigate all Complaints filed under Title VI in accordance with DOT regulations 49 CFR 21.11(b) and 21.11 (c).

A. A Complaint must include the following information: A Complaint must be in writing and signed and dated by the Complainant or his/her representative before any action can be taken. In cases where a Complainant is unable or incapable of providing a written statement, but wishes FTA, ADOT or DOT to investigate alleged discrimination, a verbal

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Complaint of discrimination may be made to the FTA Director, Office of Civil Rights or ADOT Director, Office of Civil Rights. If necessary, the Civil Rights Official will assist the person in converting the verbal Complaint into writing. All Complaints must, however, be signed by the Complainant orhis/her representative.

FTA Civil Rights Office Address:Federal Transit Administration Office of Civil RightsAttn: Title VI Program CoordinatorEast Building, 5th Floor – TCR1200 New Jersey Avenue, S.E.Washington, DC 20590TTY: 1-800-877-8339Voice: [email protected]

ADOT Civil Rights Office Address:ADOT Civil Rights Office Attn: Title VI Program Manager1135 N. 22nd Avenue, Mail Drop 154APhoenix, AZ., 85009Voice: (602) 712-7761Fax: (602) 712-8429TDD: [email protected]

B. A Complaint shall state, as fully as possible, the facts and circumstances surrounding the alleged discrimination, including the date, time and location of the incident. The Complaint shall include a description of the program, activity or service on which the alleged discrimination occurred.

Complaint AcceptanceOnce a Complaint has been accepted, FTA and ADOT will notify YCIPTA that it has been subject to a Title VI Complaint and ask YCIPTA to respond in writing to the Complainant’s allegations. Once the Complainant agrees to release the Complaint to YCIPTA, FTA and ADOT will provide YCIPTA with the Complaint. FTA and ADOT may choose to close a Complaint if the Complainant does not agree to release the Complaint to YCIPTA. FTA and ADOT strive to complete a Title VI Complaint investigation within 180 days of the acceptance date of aComplaint.

InvestigationsFTA and ADOT will make a prompt investigation whenever a compliance review, report, Complaint or any other information indicates a possible failure to comply with Title VI Regulations. FTA’s and ADOT’s investigation will include a review of the pertinent practices and policies of YCIPTA, the circumstances under which

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the possible noncompliance occurred, and other factors relevant to a determination as to whether YCIPTA has failed to comply with Title VIregulations.

Following the investigation, FTA’s and ADOT’s Office of Civil Rights will transmit to the Complainant and YCIPTA one of the following three letters based on its finding:

a) Letter of Resolution: which explains the steps that YCIPTA has taken orpromises to take to come into compliance with Title VI.

b) Letter of Finding (Compliance): which explains that YCIPTA is found to be in compliance with Title VI. This letter will include an explanation of why YCIPTA was found to be in compliance, and provide notification of the Complainant’s appeal rights.

c) Letter of Finding (Noncompliance): which explains that YCIPTA is found to be in noncompliance. This letter will include each violation referenced, the applicable regulations, a brief description of proposed remedies, notice of the time limit on the reconciliation process, the consequences for failure to achieve voluntary compliance, and an offer of assistance to YCIPTA in devising a remedial plan for compliance.

Appeals ProcessThe letters of finding and resolution will offer the Complainant and YCIPTA theopportunity to provide additional information that would lead FTA to reconsider its conclusions.

FTA requests that the parties in the Complaint provide this additional information within 60 days of the date of the FTA and ADOT letter of finding. FTA’s and ADOT’s Office of Civil Rights will respond to an appeal either by issuing a revised letter of resolution or finding to the appealing party, or by informingthe appealing party that the original letter of resolution or finding remains in force.

DEFICIENCIES WITH TITLE VI COMPLIANCECompliance Reviews will be conducted periodically by FTA, as part of its ongoing responsibility pursuant to its authority under 49 CFR 21.11(a).

If FTA determines that YCIPTA is in noncompliance with Title VI, it will transit aLetter of Finding that describes FTA’s determination and requests that YCIPTA voluntarily take corrective action(s which FTA deems necessary and appropriate.

YCIPTA will submit a remedial action plan including a list of planned correctiveactions and, if necessary, sufficient reasons and justification for FTA to reconsider any of its findings or recommendations within 30 days of receipt of FTA’s Letter of Finding.

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PUBLIC PARTICIPATION REQUIREMENTSYCIPTA will adopt the present YMPO Public Participation Plan as the basis for public participation as it relates to Title VI compliance. YCIPTA will use various media methods to disseminate the public’s rights and obligations as well as the development of this plan and future updates. Information to the public will be disseminated:

• On the YCIPTA website at: www.ycat.org and www.ycipta.org • At the YCIPTA office• At public and project meetings on subjects related to YCIPTA• At transit centers• On transit vehicles

ADMINISTRATION OF REGULATIONYCIPTA will integrate the provisions within its Title VI Program into all programs,activities, and services provided by YCIPTA.

YCIPTA will integrate the Title VI Program into its policies and procedures.

YCIPTA compliance of Title VI Program is shown in Attachment C.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

Attachment ATITLE VI POLICY STATEMENT

The Yuma County Intergovernmental Public Transportation Authority (YCIPTA) is committed to providing public transportation in an environment that is free from discrimination on the basis of race, color, national origin, age, sex, sexualorientation, or gender identity. YCIPTA operates its programs, activities and services without regard to race, color, national origin, age, sex, sexual orientation, or gender identity.

As a Federal Transit Administration (FTA) fund recipient, YCIPTA will ensure that its programs, policies and activities comply with Title VI of the Civil Rights Act of 1964, as amended, and Department of Transportation regulations.

Any person, who believes that he/she, has been subjected to discrimination on the basis of race, color, nation origin, age, sex, sexual orientation, or gender identity, with respect to YCIPTA’s programs, activities, services, or other transit related benefits, may file a Title VI complaint. Complaints must be filed in writing and signed by the complainant, or a representative, and should include the complainants name, address, and telephone number or other means by which the complainant can be contacted. Complaints must be filed within 180 days of the date of the alleged discriminatory act.

To request additional information on YCIPTA’s non-discrimination obligations or to file a Title VI Complaint, please submit your request or complaint in writing to the following means:

a) YCIPTA’s website at www.ycat.org or www.ycipta.org.b) By mail to 2715 East 14th Street, Yuma, AZ 85365.c) By emailing to [email protected]) By faxing a request or letter to 928.783.0309.

Complaint Forms can also be obtained at www.ycat.org or www.ycipta.org, by calling 928.539.7076, ext 237 to have one mailed to you, by emailing a request to [email protected] or by faxing 928.783.0309.

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Title VI Complaints may be filed directly to:Federal Transit Administration Office of Civil RightsTitle VI Program CoordinatorEast Building, 5th Floor – TCR1200 New Jersey Avenue, SEWashington, DC 20590

Arizona Department of Transportation Civil Rights Office Title VI Program Manager1135 N. 22nd Avenue, Mail Drop 154APhoenix, AZ., 85009

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Attachment BYuma County Intergovernmental Public Transportation Authority

TITLE VI DISCRIMINATION COMPLAINT FORM

Name of Complainant: ______________________________________________

Home Address: ___________________________________________________

City, State, Zip Code: ______________________________________________

Telephone: Home: ________________________ Work: __________________

Email address: _______________________________________________

Race/Ethnic Group: ___________________________ Gender: M F

Person discriminated against (if other than Complainant): ________________________________________________________________

Home address: ____________________________________________________

City, State, Zip Code: ______________________________________________

Telephone: Home: ________________________ Work: __________________

1. SPECIFIC BASIS OF DISCRIMINATION (Circle appropriate category):

������� ���� ���� ������������Low Income ������ ��������������������������

2. Date of alleged discriminatory act(s): _____________________________

3. RESPONDENT (individual that complaint is filed against):

Name: ______________________________________________________

Position: ___________________________________________________

Work Location: _________________________________________________

Program or Service: _____________________________________________

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4. Describe how you were discriminated against. What happened? Who was responsible? For additional space, attach additional sheets of paper. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. Did you file this complaint with another federal, state or local agency or Did you file this complaint with a federal or state court? (Circle One)

Yes No

If answer is yes, circle the agency in which the complaint was filed.Federal Agency Federal Court State Agency State CourtLocal agency FTA ADOT

Date filed: ______________________

6. Provide contact information for the filing Agency or Court:

Name of Agency or Court :_______________________________________

Address: ______________________________________________________

City, State, Zip Code: _____________________________________________

Telephone: ______________________________________

_______________________________ ______________Signature Date

Attach any supporting documents if necessary.

If you have any questions or need assistance filling out this form, please contact YCIPTA at 928.539.7076, ext 237, TTD/TTY users can call 711 through the Arizona Relay Service. YCIPTA will respond within 60 days of the alleged discrimination once YCIPA receives this form. The complaint must be filed within 180 days of the date of the alleged discrimination.

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Attachment C Yuma County Intergovernmental Public Transportation Authority

TITLE VI COMPLIANCE

1. Title VI Complaint ProcedureYCIPTA Title VI compliant procedures are available in this report as Attachment A.

2. Requirements to Record Title VI Investigation, Complaints and LawsuitsYCIPTA and Yuma Metropolitan Planning Organization have not had any Title VI complaints, investigations or lawsuits.

3. Requirements to Provide Meaningful Access to Limited English ProficiencyPersonsIt is the policy of the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination.

YCIPTA will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide appropriate alternative non-English formats for persons with LEP to access information and services provided, if requested, within a 24 – hour notice.

LEP requests shall be submitted to John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, via telephone to: 928-539-7076, ext 237, via fax to: 928.783.0309 or via email to [email protected].

Customer service representatives at Yuma County Area Transit are available to provide transit information to LEP persons by calling 928.783.2235, TTD: 711 through Arizona Relay Service. Materials on board buses are available in English and Spanish, including rider notices and Rider Guides.

4. Requirement to Notify Beneficiaries of Protection Under Title VIYCIPTA Title VI policy statement is stated in the Title VIYCIPTA Title VI Policy Statement is posted online at www.ycat.org and www.ycipta.org as well as on board all YCIPTA vehicles and at the YCIPTA Bus Facility.

5. Guidance on Promoting Inclusive Public ParticipationYCIPTA has adopted YMPO’s Public Participation Plan as the basis for YCIPTA’s guidance on public participation regarding Title VI, fare and service changes and other matters relating to the transit system. These measures include:

• On the YCIPTA website at: www.ycat.org and www.ycipta.org • At the YCIPTA office• At public and project meetings on subjects related to YCIPTA• At transit centers• On transit vehicles

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

BUDGET POLICYAdopted: October 1, 2011

� By accepting federal funding, the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) is obligated to comply with various Federal regulations regarding financial management. In the event of any conflict between Federal law and this Budget Policy, Federal law shall supersede this Budget Policy.

� Per Arizona Revised Statutes 28-9143, the YCIPTA Board of Directors, no later than June 30 of each year shall hold a public hearing to adopt and submit to the Yuma County Board of Supervisors and the governing body of each participating municipality and university, a budget for the following fiscal year that includes:

1. Receipts during the past fiscal year.2. Expenditures during the past fiscal year.3. Estimates of amounts necessary for expenses during the following fiscal year including amounts proposed for:

(a) Costs of maintaining, operating and managing the public transportation system. (b) Promotional and marketing expenses of the authority for the following year.

4. Anticipated revenue to the authority in the following fiscal year.5. A complete asset and liability statement.6. A statement of profit or loss from operations.7. Cash on hand as of the date the budget is adopted and the anticipated balance at the end of the current fiscal year.8. An itemized statement of commitments, reserves and anticipated obligations for the following fiscal year.

� The statutes allow the YCIPTA Board of Directors to amend the budget on a finding of good cause.

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� The fiscal year is July 1 to June 30.

� No later than April of the fiscal year, the Transit Director shall brief the YCIPTA Board of Directors on the upcoming budget process and identify any issues of concern or significant changes.

� No later than May of the fiscal year, the Transit Director shall present the YCIPTA Board of Directors a Proposed Operating and Capital Budget for the next fiscal year and a ten year budget outlook. This presentation shall be for purposes of discussion and for receiving public comment.

� The annual budget is to be presented by line item category with sufficient detail to enable YCIPTA Board Members and stakeholders to understand the near term financial situation and plan.

� The annual budget shall include an analysis of the assumptions underlying revenue and expense projections, the number and job classification of authorized positions and the transit service hours upon which the budget is based.

� The annual budget is to be balanced with proposed revenues equal to proposed expenditures.

� The budget shall reflect all activities reported and planned for, including not only activities funded by unrestricted general funds, but also activities funded by restricted funds. The activities include all operating as well as capital programs.

� In the event that an annual budget is not adopted by June 30, the first day of the new fiscal year, the Board shall be required to adopt a monthly interim budget equal to one-twelfth of the prior year’s annual budget. The adoption of the monthly interim budget should occur prior to June 30, and shall continue on a monthly basis until a new annual budget has been approved.

� Once an annual budget has been adopted, the Transit Director may augment an existing line-item appropriation by reallocating funding within and among expenditure categories without further Board action, so long as the aggregate amount reallocated during the fiscal year does not exceed 10 percent of the original appropriation for that category, and the total amount of spending does not vary from the total amount of the approved annual budget. As appropriate, the Transit Director may request that the YCIPTA Board of Directors approve a proposed reallocation of greater than 10 percent of the original appropriation for a budget category.

� Budgetary control is maintained at the modal level for annual operations and at the project level for each capital project. Any expenditure in excess of the

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approved budget or approved capital project budget shall require prior approval by the Transit Director. Any expenditure in excess of the authorized total budget shall require prior approval by the YCIPTA Board of Directors and reported to the YCIPTA Board of Directors in the Monthly report.

� The Transit Director shall submit revised revenue and expenditure projections to the YCIPTA Board of Directors monthly unless there are changes in those projections that significantly impact the financial status of the Authority, in which case, the YCIPTA Board of Directors shall be informed at the next Regular or Special Meeting of the YCIPTA Board of Directors. The report shall include a quarterly comparison of year-to-date actual expenditure and revenue generations to both the adopted budget and any revisions which have been made.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma Metropolitan Planning Organization

PUBLIC PARTICIPATION PLAN

A PUBLIC PROACTIVE INVOLVEMENT PROCESS FOR DEVELOPMENT OF

Transportation Improvement Program (TIP) Regional Transportation Plan (RTP) Air Quality Conformity Analysis (AQCA) Environmental Documents (ED)Major Transit Service Reductions (MTSR)

Prepared by the YUMA METROPOLITAN PLANNING ORGANIZATION

Approved December 3, 2009

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TABLE OF CONTENTS

Section Page No. I. Purpose and Planning Definitions 1

II. Public Participation 2

III. Public Participation Process 3

IV. Public Notice 3

V. Access to Information 4

VI. Public Meetings 4

VII. Visualization 5

VIII. Opportunities for Participation 5

IX. Consultation with Regional Partners 5

X. Response to Public Input 6

XI. Advisory Committees 6

XII. Title VI 7

XIII. Amendments 7

XIV. Executive Board Action 8

XV. Follow Up 8

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I. PURPOSE

The purpose of a public participation plan is to ensure a proactive public involvement process that assures the opportunity for the public to be involved in all phases of the planning process by providing complete information, timely public notice, opportunities for making comments, full access to key decisions, and early and continuing involvement in developing transportation plans and programs.

Within these programs the following components are defined for the purpose of establishing the proper participation protocols:

A) Transportation Improvement Program (TIP): The Transportation Improvement Program represents the project selection document for federally-funded projects. Project priorities are indicated by the year the project is programmed. For federally-funded projects, the year programmed as indicated in the TIP refers to the Federal fiscal year ending September 30th. Under federal guidelines, the TIP is a sequential, multi-year (3-5 years) program of transportation projects which is consistent with and implements the goals and objectives as described in the approved Regional Transportation Plan.

B) Regional Transportation Plan (RTP): This long-range plan (covering a span of 23 years) developed under Federal Transportation Planning Guidelines is designed to provide the continual development of a complete, dependable, efficient, safe, aesthetic, and economical regional transportation system.

C) Air Quality Conformity Analysis (AQCA): The YMPO has the responsibility to ensure that the transportation plans and programs within the YMPO planning boundaries conform to the state and national air quality plans and standards. Specifically, the emissions generated from proposed projects in the YMPO’s five year Transportation Improvement Program and the twenty-three year Regional Transportation Plan must be consistent with and conform to air quality standards. The YMPO is required to undertake an air quality conformity analysis for two specific reasons: (1) to ensure that transportation investments (projects), strategies and programs, taken as a whole, have air quality impacts consistent with and conforming to state and national air quality plans and standards; and (2) to ensure that neither the transportation system as a whole nor individual transportation projects cause new air quality violations or worsen existing conditions.

D) Environmental Documents (ED): Those documents developed by the YMPO that relate directly to environmental policy.

E) Major Transit Service Reductions (MTSR): Any reduction in transit service that results in a decrease of more than 20% of the routes or 20% of the operating hours in a fixed route service or a reduction of more than 20% of the service area for paratransit/demand response.

F) Major Transit Service Reductions (MPTSR): Any fare increase in the fixed route transit or paratransit/demand response service will result in a 30 to 45 day public review and Executive Board approval before executed.

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II. PUBLIC PARTICIPATION

To participate is to express one’s self at the proper time and in the proper forum. Public participation means participation in planning by people (public) outside the Yuma Metropolitan Planning Organization (YMPO) and its member entities, by planning and engineering professionals and by those who are not professional planners or government officials. It is a process of taking part in the transportation planning and decision-making that affect the community.

The YMPO efforts to secure participation will be targeted to stakeholders, who are individuals or entities that could be significantly affected by the transportation plan recommendations or could significantly influence implementation. Stakeholders include, but are not limited to: the general public; low income, minority and disabled communities; neighborhood representatives; chambers of commerce; special transportation interests such as freight shippers, transit users and bicycle organizations; local officials; military installations; and federal and state transportation agencies.

A. Why the YMPO needs the public involved in Transportation Planning:

1. The public has the right to have a strong voice in all matters of public policy, including planning.

2. Only the public can provide the information needed to develop, maintain, and carry out an effective transportation plan. Planning staff, consultants and local officials need comments from those who know the community best: the people who live and work there.

3. Involvement informs and educates the public about transportation planning and creates an informed community, which in turn leads to better planning.

4. Participation gives the public a sense of ownership of the plan. It fosters cooperation among the public and between them and the YMPO.

B. The public participation plan contains the following elements:

1. Involvement Opportunities Provide the opportunity for the public to be involved in all phases of the

planning process. See Sections III, VI and VII for details.

2. Communication

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Establish mechanisms for maintaining communications between the public and local officials such as processes like mailings, legal ads, displays and newsletters. See Section IV for details.

3. Information Assure that technical information is available and in simplified,

understandable form. See Section V for details.

4. Response to Public Input A description of the methods used to respond to comments from the

public. See Section VIII for details.

5. Advisory Committees The use of the committees and the means of providing a cross-section of affected citizens on the advisory committees. See Section IX for details.

III. PUBLIC PARTICIPATION PROCESS

To have a proactive public involvement process, the YMPO will provide a public comment period of 45 days on the proposed public participation procedure to be used in transportation planning process. The procedures will inform the public about how, when, and where they may participate. Public notification will be as provided in Section IV.

IV. PUBLIC NOTICE

A. Official notification of meetings, hearings or other significant events will be provided in the following manner:

1. Publication will be at least thirty (30) days prior for public hearings and an adequate period for public meetings. An explanation of the content, along with the date, time and the place of the meeting will be published in both English and Spanish at least once in a newspaper of general circulation in the Yuma area.

2. The official notice will be published as a display advertisement in the non-legal section of the newspaper.

B. The YMPO will also utilize the following techniques to disseminate the information to a larger audience:

1. Information regarding meetings and events will be placed on the YMPO web site: www.ympo.org

2. Public Service Announcements and interviews on radio, government cable, and television to explain subject matter and promote participation.

3. Articles and Press Releases for the newspaper or other widely circulated publications.

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4. Mass mailings through utility bills or other documents that are periodically issued to the community at large.

5. Use of advisory committees for community involvement. 6. Informal presentations at regional sites, open houses, round tables, or

other community forums. 7. Formal presentations to various service clubs, civic and professional

groups. 8. Mailings to select individuals, groups or interests that have expressed

interest or made comments at meetings.

PUBLIC NOTIFICATION METHODS

� Planned Encouraged

NOTIFICATION AND PARTICIPATION TECHNIQUES

RTP AIR QUALITY

TIP ED/AQCA MTSR YCAT/DAR Fare Increases

Printed Notification Newspaper Advertisements � � � � � �

YMPO Web Site � � � � � �

Articles � � Press Release � � � �

Mass Mailing �

Flyers � TV/Radio Public Service Announcements � � Interviews � Public Cable Channels � Community Forums Public Information Meetings � � Public Hearings � � � � � �

Group Presentations � � �

Advisory Committee � � � � � �

V. ACCESS TO INFORMATION

The YMPO will provide the public with reasonable and timely access to technical and policy information relating to the data or content used in the development of transportation plans, programs and projects. Standard documents will be available on the YMPO web site www.ympo.org and at the YMPO office 502 S Orange Ave. during normal working hours. Copies of draft plans will also be placed at the main branch location of the Yuma County Library District.

VI. PUBLIC MEETINGS

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Public information meetings will be held at various Yuma area locations to inform the public of the planning process and to solicit ideas, input and feedback. Public hearings and public information meetings will be held at locations accessible to and at times convenient to minority and disabled residents. The intent of holding public informational meetings at diversified locations is to solicit broad public comments. General locations of meetings will be in the City of San Luis, City of Somerton, City of Yuma, Yuma County Foothills, and Town of Wellton.

Notice of public hearings and public informational meetings will be given in accordance with and as listed in Section IV. A reasonable attempt will be made to notify organizations representing minority and disabled people and a request made that they provide their members with meeting notice and information.

Special arrangements will be made to accommodate persons with disabilities, low income, and people who do not speak English. For those without transportation and the disabled, the YMPO may provide free transportation via public transit to the meetings. Interpreters will be provided to accommodate Spanish-speaking individuals.

VII. VISUALIZATION

In order to ensure that the public is able to visualize the potential impact of any particular transportation or planning project, the YMPO will provide visual aids at public meetings and/or at the YMPO office. The visual aids may include but are not limited to the following types:

A) Power Point Presentations B) Story Boards C) Project Renderings D) Regional and Project Level Maps E) Satellite Photos F) Project Site Photos G) Charts and Graphs H) “Before and After” Depictions

VIII. OPPORTUNITIES FOR PARTICIPATION

The YMPO will take a proactive approach to providing the opportunity for the public to be involved early and with a continuing involvement in all phases of the planning process. Extensive public notice will be undertaken of public information meetings and hearings as listed in Section IV and access to information as listed in Section V. Prior to the beginning of the public participation process, a list of names and addresses of citizens and organizations will be developed that will be contacted on a continued basis to serve as a base of interested citizens for input and comment. This list will be expanded as additional citizens attend the informational public meetings and make comments.

IX. CONSULTATION WITH REGIONAL PARTNERS

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YMPO will coordinate meetings with local, state, regional, and tribal entities that are affected by its planning projects. For example, the YMPO may host a meeting(s) to review and receive comment concerning transportation-related projects in addition to mass mailings and all other official comment periods. Below is a general list of the regional partners that should be invited to participate, and the list should be updated to reflect changes in federal and state transportation planning regulations.

A) Arizona Department of Transportation Office of Environmental Services B) Cocopah Indian Tribe C) Quechan Indian Tribe D) Bureau of Indian Affairs E) Arizona Department of Environmental Quality F) Arizona Game and Fish Department G) Arizona State Historic Preservation Office H) Marine Corps Air Station Yuma I) U.S. Army Yuma Proving Grounds J) U.S. Fish and Wildlife Service K) U.S. Environmental Protection Agency L) U.S. Army Corps of Engineers M) U.S. Department of the Interior (the Bureaus of Reclamation and Land Management) N) Federal Highway Administration O) Arizona Department of Transportation P) U.S. Forest Service Q) National Park Service R) Arizona Department of Water Resources S) Arizona State Land Department

This list assumes that the local government agencies that comprise the YMPO TAC and Executive Board membership are automatically included in a Regional Partners list.

X. RESPONSE TO PUBLIC INPUT

Responses to questions and comments from the public concerning the public participation process, draft transportation plans, programs, or public agency consultation process will be made directly to the individual by letter or telephone call or by way of a periodic newsletter. A summary analysis and report on disposition of comments will be made a part of the final plan. Rationale for policy decisions will be available to the public in writing if requested.

XI. ADVISORY COMMITTEES

Advisory committees will be formed to advise the YMPO Executive Board and staff in the preparation and review of public participation plans, transportation plans, programs, and other related matters. There are two types of committees:

A. The Technical Advisory Committee (TAC) is a permanent committee that is composed of technical, planning and or managerial staff representatives from each of the

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participating agencies of the YMPO. The membership of ten is as designated by the member agencies and number of members is fixed. In addition, there are ex-officio non-voting members from the Marine Corps Air Station, Bureau of Indian Affairs, and the Yuma Airport Authority. The TAC has an area representation makeup. Subcommittees of the TAC will be utilized to study issue areas not requiring the full TAC participation.

B. Specific citizen advisory committees will be formed on an ad hoc basis; members will be selected for their expertise, interest, or as an affected stakeholder. Examples are representatives of interest groups, transportation agencies, minorities, disabled, or representatives of geographical areas, such as neighborhood associations. The number of committee members will vary with the purpose for which the committee is formed. All committee members will have an equal voice in deliberations.

Examples of ad hoc advisory committees include: Transit Committee; Yuma County Transportation Consortium; Port Authority Formation Committee; Yuma County Pedestrian Safety Task Force, and Regional Transportation Plan Committee.

XII. TITLE VI

As part of the transportation planning process to meet the requirements of Title VI and to better serve the community the YMPO will reach out to the disadvantaged to ensure participation. Members of the Executive Board of the YMPO will continue to hold localized meetings in their respective areas where transportation issues are discussed. Advertising for major public meetings will be in both English and Spanish. Citizens that express interest or make comments at a public meeting will be put on a mailing list to be notified of other meetings and any proposed actions. For those without transportation and the disabled, the YMPO will provide free transportation via public transit to the meetings.

A reasonable attempt will be made to notify organizations representing minority and disabled people and a request made that they provide their members with meeting notice and information.

Attempts to have minority and disabled citizen representation on advisory committees will be made.

Native American representations in the planning process is assured because the Cocopah Indian Nation is a full member of the YMPO and have direct involvement in transportation decisions.

XIII. AMENDMENTS

Substantial changes or amendments to a transportation plan will be done only after the public has been notified of an intent to modify the plan, and only after the public has had 30 days to review and comment on the proposed substantial changes. Notice, access to information and all public meetings will be in accordance with and as listed in Sections IV, V, and VI respectively.

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XIV. EXECUTIVE BOARD ACTION

The Executive Board of the YMPO will hold the final public hearing on the transportation plans. Notice of the time and place of the Public Hearing will be provided in accordance with the notification requirements listed in Sections IV, V, and VI. Following the Public Hearing, the adoption of transportation and related plans will be by Resolution of the Executive Board.

XV. FOLLOW UP

This is the initial effort of the YMPO to formalize the public participation process for transportation and related plans. This document establishes the basic techniques for disseminating the information to the public and engaging the citizens in interactive discussions about the transportation planning process. The YMPO will continue to identify and pursue other ways to increase public knowledge and participation. A review of the effectiveness of the public involvement process will be made on a tri-annual basis.

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:10 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Arizona Department of Transportation Related Policies.

3. SUMMARY: To become an Arizona Department of Transportation (ADOT) sub grantee of Federal Transit Administration (FTA) funds, the Transportation Authority must demonstrate technical, legal, and financial capacity to manage the transit system. Several policies and programs must be in place to meet ADOT requirements to be an eligible subrecipent. The following policies and programs are presented for consideration:

ADA Policy Private Provider Policy Limited English Proficiency Policy Customer Comment PolicyDrug and Alcohol Policy (First Transit)

ADOT will piggyback on other documents submitted to FTA directly including the preventative maintenance plan, fleet plan, Title VI policy, EEO policy, DBE policy, procurement policy, drug free workplace policy and drug and alcohol policy.

ADA Policy It is the policy of the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) to abide by all provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, including but not limited to those stated below, in all activities, operations and relationships with—andaccommodations of—employees, client-customers, and the general public.

The ADA requires that persons with disabilities receive the same level of service from transportation as non-disabled persons. Services that are “separate but equal” are not acceptable (i.e. all individuals using wheel chairs on one bus and everyone else on another bus).

Private Providers PolicyADOT requires all Federal Transit Administration (FTA) Section 5311 grantees to adopt a private sector policy encouraging private sector involvement in public transportation operations based on the five criteria listed below:

1. Methodology for periodic review of existing services vs. private sector2. Established criteria for private service providers 3. Methodology for making true cost comparison4. Private operator complaints5. Resolution of conflict procedures

Limited English Proficiency Policy It is the policy of YCIPTA to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination.

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YCIPTA will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide appropriate alternative non-English formats for persons with LEP to access information and services provided, if requested, within a 24 – hour notice.

Customer Comment PolicyThe Customer Comment Policy has been established to ensure that riders of all modes of the system, including bus and paratransit have an easy and accessible way to provide feedback to YCIPTA. YCIPTA is open to hearing any customer feedback including complaints, comments, suggestions, or concerns.

Drug and Alcohol Policy (First Transit)The purpose of this policy is to assure worker fitness for duty and to protect First Transit employees, customers, and the public from the safety and health risks posed by the misuse of alcohol and use of prohibited drugs. This policy is intended to comply with all applicable federal, state and local legislation and regulations governing workplace anti-drug use and alcohol misuse. They include DOT 49 CFR Part 40; FTA 49 CFR Part 655; as well as Company zero tolerance policy. This policy incorporates the requirements of the above regulations for safety-sensitive and non-safety sensitive employees.

These policies upon approval would be submitted to ADOT as part of the 5311 application packagedue in December 2011.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopts the Yuma County Intergovernmental Public Transportation Authority Arizona Department of Transportation Related Policies.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: ADA Policy, Private Provider Policy, Limited English Proficiency Policy, Customer Comment Policy, Drug and Alcohol Policy (First Transit).

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

AMERICANS WITH DISABILITIES ACT (ADA) POLICYAdopted: October 1, 2011

It is the policy of the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) to abide by all provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, including but not limited to those stated below, in all activities, operations and relationships with—and accommodations of—employees, client-customers, and the general public.

The ADA requires that persons with disabilities receive the same level of service from transportation as non-disabled persons. Services that are “separate but equal” are not acceptable (i.e. all individuals using wheel chairs on one bus and everyone else on another bus).

All recipients must keep federally funded equipment and facilities in good operating condition. Recipients must have policies and procedures to maintain vehicles. Recipients must maintain, in operative condition, those features of facilities, vehicles, and other capital equipment that are required to make them accessible. ADA accessibility features must be repaired promptly if they are damaged or out of order. Recipients must establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative.

Specific transportation provisions of the ADA as amended, include but are not limited to the following requirements:

Lift Vehicle Availability: As required by the ADA, YCIPTA shall maintain a 100%wheelchair accessible fleet to ensure that persons needing a wheelchair have equivalent access to our transportation services as ambulatory persons.

Maintenance of Accessible Features on Vehicles: As required by the ADA, the accessible features on YCIPTA vehicles are maintained to a high level, so that persons needing these features receive equivalent service to persons not needing those features.

Adequate Time for Vehicle Boarding and Disembarking: As required by the Americans with Disabilities Act (ADA), YCIPTA provides adequate time for boarding and disembarking our vehicles for persons with disabilities.

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Use of Portable Oxygen/Respirator Equipment: As required by the ADA, persons using our transportation service may bring respirator, portable oxygen, and/or other life support equipment on board our vehicles, as long as they do not violate the law or rules relating to the transportation of hazardous materials. All equipment must be small enough to fit into our vans safely and without obstructing the aisle and/or block emergency exits.

Service Animals: As required by the ADA any guide dog, signal dogs, or other animal individually trained to work or perform tasks for the benefit of an individual with disabilities, including but not limited to, guiding individuals with impaired vision or alerting individuals with impaired hearing, are accepted on YCIPTA vehicles.

Training in Wheelchair Securement, Sensitivity to Passengers: As required by the ADA, YCIPTA transit operators (drivers), through the Transit Operations Contractor are trained to proficiency in the use of wheelchair equipment on board our vehicles and in passenger sensitivity. This training is provided by a “Certified Trainer” through the Transportation Safety Institute (TSI) training prior to being released to drive for YCIPTA.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

PRIVATE SECTOR POLICYAdopted: October 1, 2011

The Arizona Department of Transportation (ADOT) requires all Federal Transit Administration (FTA) Section 5311 grantees to adopt a private sector policy encouraging private sector involvement in public transportation operations.

1) Methodology for periodic review of existing services vs. private sector:

Yuma County Intergovernmental Public Transportation Authority (YCIPTA), a political subdivision of the State of Arizona, is subject to regular review by persons other than those directly involved with daily and ongoing operations.

Quarterly written reports regarding system operations are submitted to the YCIPTA Board of Directors. Those reports feature comparisons between the identified performance standards in our existing ADOT contract and the actual results of that month’s activities.

The YCIPTA Transit Director is available at the YCIPTA Community Transit Committee quarterly meetings to answer questions and provide clarification as needed. The YCIPTA Transit Director will also attend YCIPTA Board of Directors meetings as well.

Copies of these reports are made available to the public in attendance as well as being considered for public reporting by the local news media representatives in attendance.

At the present time, in our area of operations, there are not any private operators offering transportation services to the general public that approach mass public transportation service concepts.

There are over 25 different local taxi style service providers and no other local transit bus services that provide transportation service to the general public at large in Yuma County.

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Our knowledge of the taxi style operators is very limited. YCIPTA, through Yuma County Area Transit (YCAT) refers potential customers to those operators as a matter of standard practice when asked about other services. Greyhound and Amtrak both provide a stop in Yuma but do not provide local service, only inter-city transportation outside of the present area of operation.

2) Established criteria for private service providers

A) Identify transportation needs not being met by our existing services;

B) Identify feasible ways or means to provide services to meet such needs;

C) Identify which services can be coordinated with existing services, public and private;

D) Describe transportation solutions which involve a greater use of existing transportation resources;

E) Demonstrate (by providing supporting data and information) cost effective comparisons and low cost-best service;

F) Provide written documentation such as letters of request for private providers, stating support for the application, listing specific reasons and facts to support their position and opinions; and

G) Demonstrate and verify a background or abilities that are applicable to the profession of commercial transportation

3) Methodology for making true cost comparison:

The applicant will be required to submit an itemized budget identifying all proposed administrative, operational and capital costs.

All line items will be subject to documentation for verification purposes.

4) Private operator complaints:

Yuma County Area Transit has been in operation since 1999. Greater Yuma Area Dial-A-Ride has been in operation since 1996. There have not been any complaints from private operators filed during this time frame.

5) Resolution of conflict procedures:

a) YCIPTA shall encourage the private provider to resolve the matter locally on an informal basis. This may be accomplished through meetings, sharing of information or other good faith efforts. However, if the matter can not be resolved in an informal manner than attempts at

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resolution will be made via formal meetings, public hearing forums or other feasible local mechanisms.

b) Upon failure to resolve the dispute locally either party (or both) shall appeal to ADOT by submitting a written statement to ADOT’s Section 5311 Program Manager to request a meeting along with a complete written package containing a concise statement of their respective positions to be submitted to the Program Manager seven (7) working days prior to the meeting. The written package shall include:

i. Costs to provide the proposed level of service per passenger ii. Description of both parties’ experience and knowledge of

public transportation principles and requirements iii. Proposed fares iv. Description of equipment and/or vehicles used or to be used v. Other relevant evidence or information the agency may

request or deem necessary

c) The Program Manager is expected to set a meeting date, time and location in an attempt to bring both parties together and resolve the situation

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

LIMITED ENGLISH PROFICIENCY POLICYAdopted: October 1, 2011

It is the policy of the Yuma County Intergovernmental Public Transportation Authority (YCIPTA) to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination.

YCIPTA will, to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, provide appropriate alternative non-English formats for persons with LEP to access information and services provided, if requested, within a 24 – hour notice.

LEP requests shall be submitted to John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, via telephone to: 928-539-7076, ext 237, via fax to: 928.783.0309 or via email to [email protected].

Customer service representatives at Yuma County Area Transit are available to provide transit information to LEP persons by calling 928.783.2235, TTD: 711 through Arizona Relay Service. Materials on board buses are available in English and Spanish, including rider notices and Rider Guides.

For any additional information or guidance, please refer to http://www.lep.gov or the YCIPTA Limited English Proficiency Plan.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

CUSTOMER COMMENT POLICYAdopted: October 1, 2011

Yuma County Intergovernmental Public Transportation Authority (YCIPTA) is committed to providing reliable, safe, and satisfying transportation options for the community. Customer satisfaction is a primary core value of our organization. The customers of Yuma County Area Transit (YCAT) are a fundamental aspect of our business and as such, their feedback is crucial to the growth and development of YCIPTA.

The Customer Comment Policy has been established to ensure that riders of all modes of the system, including bus and paratransit have an easy and accessible way to provide feedback to YCIPTA. YCIPTA is open to hearing any customer feedback including complaints, comments, suggestions, or concerns.

Section A: Contacting YCIPTA:Riders can contact YCIPTA in the following ways:

1. Customer Comment Cards shall be available on all YCIPTA and contractor vehicles.

2. Passenger Surveys shall be available on all YCIPTA and contractor vehicles.

3. US Mail: Riders can mail their feedback to YCIPTA, attn: John Andoh, Transit Director, 2715 East 14th Street, Yuma, AZ 85365.

4. Telephone: Riders can contact Yuma County Area Transit Customer Service at 928.539.7076, Monday through Saturday, 6:00 AM to 6:00 PM or by calling the Transit Director at 928.539.7076, ext 237, Monday the YCIPTA rough Friday from 8:00 AM to 5:00 PM.

5. E-mail: Riders can contact YCIPTA by e-mailing [email protected]. Fax: Riders can send written feedback by fax to 928.783.0309.7. Language Line: For riders who speak a language other than English,

YCIPTA will utilize its employees and/or the services of The Language Line to facilitate the call.

8. In-person: at the YCAT Bus Facility, 2715 East 14th Street, Yuma, AZ 85365, at the YCIPTA Board of Directors Meeting on the 4th Monday of

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each month, held at 1:30 PM at Aldrich Hall, Yuma County Department of Development Services, 2351 West 26th Street, Yuma, AZ, 85364.

9. Online: Riders can offer feedback on the YCIPTA and YCAT Website, www.ycat.org and www.ycipta.org by going to the "Contact Us" link

Section B: Feedback Review Process:

1. All feedback from customers is valued and will be reviewed by the Transit Director and Transit Contractor Operations Manager.

Section C: Feedback Acknowledgement:Anyone who submits a comment, complaint, or service suggestion to YCIPTA and requests a response shall receive an initial response within five working days provided they give legible contact information. When ever possible, the response to the customer will include comment tracking identification number.

Section D: Information about Policy:Information about this Customer Comment Policy, including how to submit a complaint, will be made available to riders:

1. When customers are approved for ADA paratransit service2. When customers are re-evaluated for ADA paratransit service or if

customers are not re-evaluated, every three years3. At the YCAT Bus Facility, 2715 East 14th Street, Yuma4. On the website at www.ycat.org and www.ycipta.org 5. On buses.

Section E: Reporting:The Transit Director shall compile a summary of customer comments for the board, staff, and employees for use in reviewing and evaluating service.

Section F: Tracking:YCIPTA shall maintain a tracking system for all feedback from customers that provides a unique identification of each customer communication and allows ready access to information on the status of the comment at any time.

Section G: Protection from Retribution:Customers of YCIPTA should be able to submit feedback without fear of retribution from the agency. If a rider feels like they are being treated unfairly in response to the feedback that they provided, they should contact the YCIPTA Transit Director or the YCIPTA Board of Directors. YCIPTA will appropriately discipline any employee or contractor that retaliates against a customer.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:11 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Adopt the Yuma County Intergovernmental Public Transportation Authority Vehicle Use Policy.

3. SUMMARY: Since the Transportation Authority will be procuring vehicles and has automobile insurance in place for its employees, a vehicle use policy is needed to set the policy direction for how employees are to use Transportation Authority vehicles as part of their daily work. This policy has been recommended for approval by the Personnel Subcommittee.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors adopts the Yuma County Intergovernmental Public Transportation Authority Vehicle Use Policy.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: Vehicle Use Policy.

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

VEHICLE USE POLICYAdopted: October 1, 2011

Certain employees are required to use Yuma County Intergovernmental Public Transportation Authority (YCIPTA) owned or leased vehicles to carry out their duties. An YCIPTA vehicle is defined as an automobile, van, or truck owned or leased by YCIPTA.YCIPTA and its employees must comply with Internal Revenue Code record-keeping requirements. Use of YCIPTA vehicles is a privilege, not a right, and the YCIPTA can revoke the use of a vehicle at any time. YCIPTA vehicles are to be used for YCIPTAbusiness purposes only, as defined by the Internal Revenue Service, by authorized YCIPTA employees. Personal use of YCIPTA vehicles is prohibited. Unless the Transit Director has authorized overnight use by employees as part of their work assignments, YCIPTA vehicles are kept on YCIPTA premises after working hours. Vehicles should be checked out from the Transit Director, prior to operation by an authorized employee.

A. Operation of YCIPTA Vehicles

Employees who operate YCIPTA vehicles are responsible for the safe operation of those vehicles and for the safety of passengers. No employee may operate an YCIPTA vehicle without an appropriate and current driver’s license valid in the State of California or Arizona.

- Whenever driving YCIPTA vehicles, employees must have in their possession a valid driver’s license. Employees are required to notify the Transit Director immediately if their license is suspended, revoked, or expired.

- YCIPTA employees who operate YCIPTA vehicles will comply with the Arizona and California State Department of Motor Vehicle requirements for operators’ license applications and renewals.

- YCIPTA employees who drive YCIPTA vehicles will attend all training scheduled pertaining to vehicle operation and safety.

- The driver a of YCIPTA vehicle is responsible for checking the safety and general condition of the vehicle, including gas, oil, and other fluid levels prior to operating a fleet vehicle, as well as reporting problems to the Transit Director as soon as they are discovered.

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- No smoking in YCIPTA vehicles.

- Eating, drinking or cellular telephone use in YCIPTA vehicles while driving is prohibited.

B. Vehicle Use

No employee will use a vehicle or equipment for any purpose for which it was not designed, operate it beyond its designed limits, operate it in areas or locations for which it was not designed, or cause damage through neglect, misuse, improper driving techniques, or improper handling.

C. Driving Personal Vehicles on YCIPTA Business

In order to drive a personal vehicle on YCIPTA business, and to qualify for reimbursement for mileage, staff must carry a minimum of $50,000/$100,000 liability and $50,000 property damage on their personal insurance, or the amount recommended by YCIPTA’s auto insurance carrier. YCIPTA is not covered for, and will not therefore provide any coverage or other benefit to employees for, property damage (comprehensive) insurance for personal vehicles that are used by staff members carrying out YCIPTA business on YCIPTA’s behalf. Staff should not expect liability coverage maintained by the YCIPTA to cover their personal vehicles. At commencement of employment, and no later than January 31st of each year, all staff members are required to provide to the Transit Director proof of coverage limitations and a copy of a valid driver’s license in order to be eligible to operate either a fleet vehicle or a personal vehicle on YCIPTA business.

D. Motor Vehicle Accidents

YCIPTA has adopted a procedure that is to be followed by employees if they are involved in a motor vehicle accident while on YCIPTA business.

1. The Transit Director shall be notified within 24 hours of any motor vehicle accident involving an YCIPTA employee or vehicle. All employees will be familiar with, and follow, any and all procedure(s) relating to motor vehicle accidents prior to operating any vehicle for YCIPTA business.

E. Complaints, Traffic Violations, and Driving Records

Driving YCIPTA vehicles is a direct reflection on the employee and YCIPTA. Prudent risk management, safety issues and insurance liability issues and practices require that employees who drive on YCIPTA business maintain a good driving record. YCIPTA’s insurance rates and coverage are affected by employee’s driving record.

As a general rule, YCIPTA considers an acceptable driving record to be no more than two (2) moving violations within the last three (3) years. YCIPTA does not differentiate between violations occurring during working and nonworking hours, or whether the violation occurred prior to your employment with YCIPTA. Employees are responsible for any fines or other penalties assessed against them.

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It is the policy of the YCIPTA to check driving records at least annually, and retains its discretion to check driving records at any time. Any driver with three (3) or more moving violations within the last three (3) years will not be able to drive on YCIPTA business until their driving record shows no violations for a period of one (1) full year.

1. Complaints received related to improper use of personal vehicles used while carrying out YCIPTA business or while driving an YCIPTA vehicle must be reported immediately to the Transit Director who in turn shall report the matter to the Human Resources Director.

2. Two or more complaints will be handled by the Transit Director according to the YCIPTA Discipline Procedure and any other relevant policies in the Employee Policy Manual.

3. Employees are required to immediately notify the Transit Director if their

license is suspended, revoked, or expired. Employees must also notify the Transit Director if they are convicted of a major traffic violation such as reckless driving or driving under the influence of alcohol or drugs.

4. Employees whose driving record or license is affected as noted in E3above, will forfeit their driving privileges, whether in an YCIPTA or personal vehicle, while on YCIPTA time or conducting YCIPTA business. A written notice of the employee’s driving status will be placed in their personnel file. Employees who violate the provisions of this notification (by driving any vehicle on YCIPTA business) will be subject to immediate disciplinary action.

5. Traffic citations received by employees while driving YCIPTA vehicles or personal vehicles in the course of YCIPTA business, will be handled as follows:

a. Moving violations (violations regarding traffic laws) will be reported immediately, and a copy of the citation will be provided, to the Transit Director. The employee will be responsible for complying with the requirements of the citation and provide proof of the disposition to the Transit Director. The violation information will be placed in the employee’s personnel file. Failure to pay a citation will subject an employee to disciplinary action.

b. Two or more one moving violations while driving an YCIPTA vehicle or a personal vehicle while on YCIPTA business will be handled by the Transit Director according to YCIPTA Discipline Procedures and any other relevant policies in the Employee Policy Manual.

c. “Fix-It” citations received requiring repair to YCIPTA vehicles, will be reported immediately to the Transit Director, and the citation shall be submitted to the Transit Director. The Transit Director will have the appropriate

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repairs made to the vehicle and provide the documentation necessary to satisfy the requirements specified in the citation.

d. An employee who is charged with “driving under the influence” while operating a vehicle on YCIPTA time or while conducting YCIPTA business (either in a personal or YCIPTA vehicle), will forfeit their driving privileges pending the outcome of the police investigation and court proceedings, if any. If the charges are dismissed, the employee’s driving privileges will be reinstated. A conviction will subject the employee to disciplinary action.

Approved:

___________________________________ _______________John Andoh DateTransit Director

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:12 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Authorize the Transit Director to enter to an Agreement with Greyhound Lines, Inc

3. SUMMARY: Presently, the Yellow Route provides intercity service between Yuma, Cocopah Tribal lands, Somerton, San Luis and unincorporated Yuma County with connections to Greyhound in downtown Yuma. The Orange Route provides intercity service between Yuma, Fortuna Foothills and Wellton with connections to the Yellow Route at Yuma Palms Regional Center Transit Center.

To continue to foster regional coordination, staff has been working with the Greyhound to include Yuma County Area Transit (YCAT) as part of the Greyhound Lines, Inc network.

Through YCAT becoming part of the Greyhound Lines, Inc bus network, a person anywhere in the United States, Mexico and Canada boarding a Greyhound or one of their participating subsidiaries or interline partners would be able to purchase a ticket direct to Wellton, Fortuna Foothills, Cocopah Casino, San Luis, Somerton or Gadsden through connection point in Yuma. This helps promotes regional and national transit coordination. A Greyhound bus stop sign would be installed at Wellton, Fortuna Foothills, Cocopah Casino, San Luis, Somerton and Gadsden to symbolize that connection.

Through participation as an interline feeder, the Transportation Authority would receive reimbursement for collecting n Greyhound ticket, which is presently $350. This amount is only reimbursed to the Transportation Authority , if a Greyhound ticket was collected. Staff would send the Greyhound tickets collected to Greyhound Revenue Accounting to receive the fare revenue back. Staff would submit Greyhound tickets to Greyhound monthly for reimbursement. Greyhound, they would pay the Transportation Authority within 30 days.

In addition as part of the attached Agreement, anytime staff sells a Greyhound ticket, the Transportation Authority will receive a 5% commission from Greyhound on passenger tickets and package express shipments to apply towards the local match requirements for the system. The Transportation Authority would receive 10% commission on receiving shipments in Yuma. Tickets would be sold by First Transit staff at the YCAT Bus Facility located at 2715 East 14th Street in Yuma. The passengers would board buses at Yuma Palms Regional Center Transit Center next to Target on Castle Dome Avenue – a distance of 0.6 miles apart from each other.

The Transportation Authority would accept Greyhound tickets on YCAT Yellow and Orange Routes only at the point where the route meets a Greyhound bus. No additional payment would be requested from the passenger.

Participation in this program would bring new riders to YCAT that are presently not using the transit system. The Transportation Authority would be able to benefit through Greyhound’s marketing programs to promote taking the bus to Wellton, Fortuna Foothills, Cocopah Casino, San Luis, Somerton or Gadsden. Special promotions can be done in conjunction with the special events in the

area. This arrangement is rewarding as YCAT would provide another border connection for Greyhound at San Luis, an underserved market for intercity bus.

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4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors authorizes the Transit Director to enter to an Agreement with Greyhound Lines, Inc.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: Through participation in this Agreement, the Transportation Authoritywould receive 5% commission on all Greyhound tickets and package express sold and 10% commission on all package express shipment received. Additionally, as an interline partner with Greyhound, Greyhound will reimburse the Transportation Authority $3.50 per Greyhound ticket collected by an YCAT driver. If this program weren’t in place, the passenger would have to pay $3.50direct to the bus operator. These revenues will be credited to the Transit Fund. The Transportation Authority will bear no costs to Greyhound through participation in this Agreement.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Wayne Benesch______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: Standard Independent Contractor Agreement for Non-Profit Agencies with Greyhound Lines, Inc

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Agency # Location:Yuma, AZ

STANDARD INDEPENDENT CONTRACTOR AGREEMENT FOR NON-PROFIT AGENCIES

THIS AGREEMENT, made and entered into as of this 1st day of October , 2011, by and between GREYHOUND LINES, INC., P.O. Box 660362, Dallas, Texas 75266-0362, AND/OR ITS SUCCESSORS AND ASSIGNS (the "Company") and YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY ("Contractor"). Contractor is a(n) political subdivision of the State of Arizona:

That Contractor represents and warrants it is a Non-profit Organization, validly organized and existing under the laws of the state where the Facility (as defined in Section II.B. below) is located, and Contractor's Social Security/Federal I.D. No. is _45-2760055.

W I T N E S S E T H

That for and in consideration of the facilities to be furnished and services to be rendered by Contractor and the compensation paid therefor by Company, as hereinafter set forth, the parties hereto covenant and agree as follows:

I. COMPANY AGREES:

A. To pay Contractor the following commissions:

1. On transportation charges collected by Contractor from the sale of tickets, except as hereinafter provided: Five Percent (5%)

2. On transportation charges for express shipments, whether prepaid, collect, or C.O.D., received from the consignor at the Facility: Five Percent (5%)

3. On transportation charges for express shipments, whether prepaid, collect, or C.O.D., delivered to the consignee at the Facility: Ten Percent (10%)

4. On charges collected by Contractor from the sale of Ameripass tickets: NA

5. On transportation charges from charters sold by Contractor: Five Percent (5%);

6. On PTO Tickets honored Three Dollars ($3.00);

(a) As used in this section, the term "charges" does not include any taxes collected in addition to the tariff charges or selling price.

(b) The commission, if any, payable to Contractor with respect to tickets sold for the movement of unusually large groups or under other unusual or extraordinary circumstances, shall be determined according to bulletins and letters issued by the Company.

B. To permit Contractor to deduct commissions to which it is entitled under (A) of this section from the Company funds in its possession when making remittances as provided in paragraph (E) of Section II.

C. Company agrees to pay to Contractor, on a periodic basis, forty percent (40%) of the commission stated in the Agreement on transportation charges collected by the Company arising from sales by internet ticketing and tickets by mail for schedules originating at Contractor’s facility. The parties hereto agree that Greyhound’s records will be used for determining compensation to the Contractor under this provision. To be eligible for this percentage commission, Contractor must be in good standing with respect to all funds due Company and be the contractor of record for the subject period. The percentage commission established by this provision shall not apply to sales or collections made prior to September 1, 2011.

D. Company agrees to pay to Contractor, eighty percent (80%) of the commission stated in the Agreement on transportation charges collected by the Company arising from printing of “Will Call Tickets”. “Will Call Tickets” is defined as sales by the Company on the internet or by its Telephone Information Centers for schedules originating from Contractor’s facility with the tickets to be issued by Contractor. The parties hereto agree that Company’s records will be used for determining compensation to the Contractor under this provision. The percentage commission established by this provision is in lieu of any commission for

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internet sales set forth in the Agreement, for “Will Call Tickets”, as heretofore amended, and shall not apply to any sales made prior to June 11, 2002.

II. CONTRACTOR AGREES:

A. To sell such tickets as Company may supply, for Company and its affiliated and connecting carriers, at lawfully published tariff rates, and to furnish the public any information contained in tariffs, bulletins, circulars and literature insofar as the same is applicable to transportation of passengers or handling of baggage, express or United States Mail by Company and its affiliated and connecting carriers.

B. To furnish at 2715 East 14th Street, Yuma and YCAT Bus Stop at Yuma Palms Parkway near Target the transaction of Company business and the accommodation and comfort of its patrons, suitable waiting room or space, and adequate sanitary toilet facilities, together with convenient facilities for the sale of tickets and the handling of baggage or express; to maintain the said waiting room or space and facilities, together with all driveways, walks, approaches and premises appurtenant thereto, in a clean, sanitary and safe condition at all times; and to reimburse and hold harmless Company from any and all expenses incurred and/or claims arising directly or indirectly from any neglect or failure to so maintain the said waiting room, space, facilities or appurtenant premises. See Exhibit “A” attached which is incorporated herein by this reference.

C. To be liable for all charges for transportation services sold regardless of collection of such charges. To be liable for and protect any and all money and/or property of the Company in the care or under the supervision of Contractor and to reimburse Company for any loss or damage to such money and/or property. The title to all tickets and bus bills and proceeds thereof and of all other monies collected for the Company shall be at all times in the Company, it being the intention of this Agreement that the Contractor shall at all times be in the position of trustee and fiduciary of the same for the Company.

D. To make payment in full for any invoices submitted to Contractor by Company, minus approved commissions within 15 days of receipt of invoice. Payment to Company will be by a method approved by both parties and may include ACH, Check or Credit Card and to remit to Company or deposit to account of Company in the manner as may hereafter be prescribed by the Company, all monies belonging to the Company or collected for the account of Company. Failure to comply will result in termination of contract.

E. That Contractor will without charge: (1) Handle newspapers and express shipments made under regular contracts; (2) Issue tickets in exchange for tickets or ticket orders issued by another contractor, connecting carriers contractor, or the Company; (3) Make collections in connection with returned express shipments; (4) Sell tickets under employee reduced rate orders.

F. To permit authorized representatives of Company during reasonable hours to inspect and check all property of Company, and inspect and audit all records and accounts pertaining to the business of Company, kept or supervised by Contractor and to permit such authorized representatives, at their discretion, to collect all monies belonging to Company in the possession of the Contractor.

G. To permit Company to conduct periodic audits of its activities and records with respect to performance under this Agreement.

H. To keep and maintain on site records of its activities pursuant to this Agreement, including all Company reports, payment and deposit records, and all other records necessary and appropriate to permit Company to conduct audits of Contractor in accordance with Generally Accepted Auditing Standards.

I. To place and maintain a suitable sign or signs designating the aforesaid premises as a ticket agency for the Company and affiliated carriers.

J. That the title to all station equipment, signs, et cetera, furnished to the Contractor shall be in the Company at all times and Contractor will return said property or pay for its value upon the termination of this Agreement. Upon the termination of this Agreement, the Contractor will permit a representative of the Company to remove all signs, decalcomanias and any and all other evidence of the sale of tickets and any other services which might lead the public to believe that Contractor is still the contractor for the Company.

K. At Company's expense, to permit Company upon request, to install its own telephone number(s) and to have its own listing in all telephone directories; it being always clearly understood and agreed by Contractor that said telephone number(s) shall be the Company's and the Company shall have the exclusiveright, privilege, possession and use thereof. Upon termination of this Agreement, for any reason, Company

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shall have the absolute right to transfer said telephone number(s) to any other facility. Company is responsible for payment of the base charges and charges directly incurred to conduct Company business. Any and all unauthorized or excessive charges shall be Contractor's obligation; all such charges shall be due and payable upon receipt of invoice from Company; this payment obligation shall survive the transfer, assignment, termination and/or expiration of this Agreement.

L. To remove from the telephone directory or any other advertising medium any listing or reference to the fact that it is Contractor for the Company as soon as possible upon notice of termination of this Agreement.

M. That in case suit is instituted to collect any money due hereunder on default on payment by Contractor, to pay to Company any expense incurred by Company in instituting and prosecuting such suit, including such additional sum for attorney's fees as the court may adjudge reasonable in said suit. Contractor agrees to and does hereby waive all benefits or relief from any and all appraisement, valuation and exemption laws now or hereafter enacted in any state.

N. Contractor specifically authorizes Company to deduct from any money that may be due Contractor hereunder the compensation previously allowed Contractor on tickets or transportation charges subsequently refunded to patrons and also the full amount of any payment or payments made or expense incurred by Company by reason of loss of or damage to baggage and/or express chargeable to Contractor; and Contractor hereby agrees to pay to Company on demand any deficiency that may accrue with respect to such adjustments, refunds, losses or damages.

O. When applicable, to pay its covered employees in compliance with the Fair Labor Standards Act and to maintain adequate and accurate records of their hours, rates of pay and other conditions of employment as required by the Act and Regulations Part 516, and to certify each month that it has complied with the Act in those respects.

P. Not to use the word "Greyhound" as part of Contractor's business name for any purpose. Contractor acknowledges that the word "Greyhound", together with the various symbols, slogans, logos, and the like ("Marks") owned or licensed by Company are valuable, special and unique assets of Company. The use of Marks under this Agreement is for the purpose of distinguishing the services of Greyhound Lines, Inc. and its subsidiaries only. Contractor may use Marks only as an aid in informing the public where Greyhound Lines, Inc.'s services may be purchased and that Contractor is authorized to sell Greyhound Lines, Inc.'s services. Contractor shall not use Marks to identify Contractor's services or in any way except as specifically authorized herein.

Contractor’s internet (worldwide web) sites are strictly prohibited from using the name “Greyhound”, the image of the running dog and any other trademarks or service marks associated with Company’s transportation business.

Q. That the Contractor is responsible for safeguarding and accounting for all tickets and bus bills assigned and entrusted to it for sale to customers. In the event that any tickets and bus bills cannot be accounted for at the time that Contractor is required to make one of its regularly scheduled reports to Company, Company, if duly informed of any such missing tickets or bus bills, agrees to cooperate with Contractor with a view to ascertaining whether or not such missing tickets or bus bills were in fact sold; PROVIDED, HOWEVER, that such cooperation shall not embrace any out-of-pocket expenses to, and/or the expenditure of undue time and effort by Company. In the event that any such missing tickets and/or bus bills assigned and entrusted to Contractor cannot be successfully located and discovered as having been sold, then it is agreed that the account shall be settled by Contractor's paying to Company an amount for each missing ticket or bus bill equal to the average sales price for that ticket form or bus bill actually sold by Contractor during the month the missing ticket or bus bill would have been sold. In the case of forms of tickets infrequently sold by the Contractor, the average sales price will be determined by using the last two months sales of that particular form.

R. To act as Contractor for Company upon such terms and conditions as Contractor and Company shall agree.

S. Contractor represents and warrants that its facilities are and will be operated in compliance with all laws applicable to it, including but not limited to, the Americans with Disabilities Act as amended (“ADA”). Contractor agrees to assist Company personnel with boarding or deboarding of customers with disabilities at Contractor’s facility and will provide such other assistance or accommodations to Company’s customers to the extent required under the ADA.

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III. IT IS MUTUALLY AGREED:

A. That payment as aforesaid shall constitute full and complete compensation to Contractor for all facilities furnished and services rendered by Contractor.

B. That Contractor is an "Independent Contractor" and the Company reserves no control over the Contractor or any of its employees, subordinates, or associates, as to how the facilities involved in this Agreement should be furnished or the services here involved should be performed. Contractor shall limit its activities for the Company to the consummation of the results herein specified. Contractor shall have no power to bind the Company by contract or otherwise except as herein provided as to the sale of transportation for property. The Company reserves no control whatsoever over the employment, discharge, compensation of or services rendered by an employee, subordinate or associate of Contractor. It is further expressly understood that nothing contained herein shall be deemed to require the Contractor to perform in person any of the services hereby contracted for and that if the Contractor so elects, all of its obligations hereunder may be performed by persons in its employ or otherwise under its control. The Company shall not be responsible for the acts or omissions of said employees, subordinates or associates and Contractor agrees to save Company harmless from any and all liability caused by any such act or omission. Further, Contractor shall register as an employer with all State and Federal Agencies and be responsible for and pay any and all taxes, assessments or contributions, including, but not limited to, State Unemployment and Worker's Compensation laws, Federal Unemployment Contributions Act, Federal Insurance Contributions Act (Social Security,) and to otherwise indemnify, save harmless and defend Company against any liability, claims or demand therefor.

C. The term of this Agreement shall be from the date hereof to __11/1/2011_________continue thereafter until terminated by at least thirty (30) days prior written notice from either party to the other party, at either party's sole discretion for any reason whatsoever, or as otherwise provided herein. Provided, however, that any default of any monetary provisions, including the payment of accounts or remittances of Contractor under this Agreement or any other existing or future agreement between Company and/or its affiliates and Contractor and/or its affiliates shall be sufficient cause for the Company to immediately terminate this Agreement without any notice whatsoever and Contractor hereby authorizes Company to do so in such event; and provided further, that any violations, breach or default of any other provision of this Agreement, which is notremedied within ten (10) days after notice thereof or any default under any other existing or future agreement between Company and/or its affiliated and Contractor and/or its affiliates which is not remedied as required thereby, shall also be sufficient cause to immediately terminate this Agreement without further notice. All notices may be either written or given orally by or to an officer or supervisory employee of the Company.

D. This Agreement cancels any and all previous contracts and agreements pertaining to the subject of commission agency between Contractor and Company and/or its predecessors in interest, except as to unfulfilled obligations heretofore incurred, and this Agreement constitutes the entire Independent Contractor Agreement between the parties.

F. This Agreement may not be assigned by Contractor.

G. If the Company shall, after default made by the Contractor in any payment to be made by it, or in the performance of any covenant or agreement to be by it performed under this agreement, accept from the Contractor and payment to be made by it, or the performance or any covenant or agreement to be by the Contractor performed under this agreement, or if the Company after such default shall do any act or exercise any right, remedy, option or election permitted by this Agreement, neither the acceptance of such payment nor the acceptance of such performance, nor the doing of such act, nor the exercise of any such right, remedy, option or election, shall be construed or deemed a waiver of such prior default, except only to the extent that such prior default shall be extinguished by the payment or performance so accepted by the Company.

H. Form PC-125 known as Federal Contractors Compliance Agreement and identified as Addendum I attached hereto is herein incorporated by reference.

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed in duplicate the day and year first herein above written.

COMPANY: GREYHOUND LINES, INC. By:

Name: Todd Bernard Print Name Title: Area Manager – Business Development CONTRACTOR: YUMA COUNTY INTERGOVERNMENTAL PUBLIC TRANSPORTATION AUTHORITY By:

Name: Print Name: John Andoh

Title: Transit Director Date: 10/1/2011

TN-13 (rev. 11/99)

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EXHIBIT “A”

The only facilities at the YCAT Bus Stop are a lighted bus shelter and trash receptacle. For each scheduled stop by Company at the YCAT Bus Stop, Contractor will furnish road supervisor to assist with passengers, luggage and freight. Freight will be placed by Contractor in a Company provided lock box next to the Bus Shelter.

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ADDENDUMFEDERAL CONTRACTORS COMPLIANCE AGREEMENT

The parties agree that the following shall be incorporated by reference to the attached contract.

The Greyhound company involved in this contract whether Greyhound Lines, lnc. or its affiliates or subsidiaries may have the status of "federal contractor" or "subcontractor."

To the extent required by law, you, as a party to this contract (hereafter referred to as "Contractor"), agree to comply with all applicable laws and regulations governing obligations of federal contractors, subcontractors and recipients of federal funds, including but not limited to Executive Order 11246, the Vietnam Era Veterans Adjustment Assistance Act of 1974, the Rehabilitation Act of 1973 and 41C.F.R. parts 60-1, -20. -250 and -741 and the Americans with Disabilities Act of 1990 (42 USC 312101 et seq). Contractor certifies that it will comply with the following provisions to the extent required by law."

I. EQUAL OPPORTUNITY CLAUSE

During the performance of this contract, the contractor agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will) take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination: rates of pay or other forms of compensation: and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants, will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(c) The contractor will lend to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the tabor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(d) The contractor will comply with all provisions of Executive Order 11246 of September 24. 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (the "Act")

(e) The contractor will furnish all information and reports required by Executive Order 1.1246 of September 24. 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(f) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

(g) The contractor will include the provisions of paragraph (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for non-compliance: Provided however that in the event the contractor becomes involved in, or is threatened with, litigation with 8 subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

II. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA(a) The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled

veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.(b) The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, Including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required.

State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the Stale employment service, but are not required to provide those reports set forth in paragraphs (d) and (e).

(c) Listing of employment openings with the employment service system pursuant to this clause shall be made it least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide fob order, including the acceptance of referrals of veterans and non-veterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in

PC-125 (4/92)

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employment.(d) The reports required by paragraph (b) of this clause shall include, but not be limited to, periodic reports which shall be filed at

least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period. (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on-the-job training under 38 U.S.C. 17B7. The contractor shall submit a report within 30 days after the end of each identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, uponrequest, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement.

(e) Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is not need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause.

(f) This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.

(g) The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening.

(h) As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and non-production, plant and office: laborers and mechanics: supervisory and non-supervisory: technical: and executive, administrative and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. It does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situations where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government.

(2) "Appropriate office of the State employment service system" means the local office of the Federal-State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

(3) "Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists.

(4) "Openings which the contractor proposes to fill pursuant a customary and traditional employer-union hiring arrangement" •tins employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the contractor and representatives of his employees.

(i) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

(j) In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act (k) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall slate the contractor's obligations under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employers.

(l) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ the advance in employment qualified disabled veterans and veterans of the Vietnam era.

(m) The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to tee Act, so that such provisions wilt be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.

III. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS

(a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor aggress to take affirmative action to employ, advance, in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

(b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

(c) In the event of the contractor's non-compliance with the requirements of this clause, actions for non-compliance (nay be taken in accordance with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act.

(d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligations under the law to take affirmative action to employ and advance in employment qualified handicapped employees and

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applicants for employment, and the rights of applicants and employees.(e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or

other contract understanding, that the contractor is bound by the terms of section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals.

(f) The contractor will include the provisions of this clause in every subcontract or purchase order of $2.500 or more unlessexempted by rules, regulations, or orders of the Secretary issued pursuant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance.

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:13 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Discussion and Direction Regarding Interim Fare and Service Changes to Yuma County Area Transit and Greater Yuma Area Dial-A-Ride.

3. SUMMARY: Yuma County Area Transit (YCAT) has been in operation since 2002. YCAT presently consist of six routes that operate throughout Yuma, Somerton, San Luis, Wellton, Cocopah Tribe lands and unincorporated southwest Yuma County areas. As part of the transit program, Greater Yuma Area Dial-A-Ride (DAR) provides service in the same service area as YCAT for seniors (age 60 years old and older), persons with disabilities and those with transportation needs as certified by the Western Arizona Council of Governments (WACOG). Staff along with First Transit has spent the last two months reviewing ridership data, riding bus routes, talking with bus riders, bus operators and reviewing transit needs comments and other relevant documentation to develop the interim fare and service proposals. Based on this analysis, staff has prepared draft interim service and fare proposals for consideration by the Board of Directors to discuss with the public in October.

It should be noted that the Yuma Regional Transit Study being completed will be looking at long term service design and polices for implementation that could take place starting in Fiscal Year 2012 and beyond for the next ten years. This effort completed by staff and First Transit is not meant to replace the efforts of the study, but complement the study since the service and fare proposals have been generated based on the public need through various means explained above.

Listed below is a summary for the implementation of bus route options for YCAT. The purpose of these scenarios is meant to reduce duplication, improve productivity, provide improved frequencies and coordinate the bus routes better at the transit centers. This will achieve a fast, fun and friendly transit service in Yuma County.

Key Highlights of the Draft Transit Service Options:1. Streamline all routes to travel on major thoroughfares, eliminating service in parking lots, areas

where there is no apparent or perceived transit demand.

2. Provide bus stops every ¼ mile along the route to encourage people to walk from the neighborhoods to bus service. Eliminate times shown for each bus stop to speed up the route. Times will only be shown at major locations, which would result in retraining passengers to estimate when the bus is going to come to their stop and relocate bus shelters to locations that benefit from heavy passenger volume and are located on existing YCAT routes with each stop having one bus shelter.

3. Provide bus service to major commercial areas in each municipality, which includes re-implementing bus service on 4th Avenue in Yuma and to Yuma International Airport.

4. Improve frequency of all routes to every 60 minutes with the exception of service to Wellton,direct service to Arizona Western College (AWC)/Northern Arizona University (NAU) and to the Cocopah Tribe areas on Saturday.

5. Implement new service models for service to Wellton (deviated fixed route) and evening service for college students (many to few demand response service).

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6. Implement new direct transit route between AWC/NAU San Luis during college days only.

7. Routes will be timed to meet at Yuma Palms Regional Center Transit Center, West Yuma Transfer Hub at Walmart off 26th Street and Avenue B and Cocopah Casino. Passengers will be able to shortcut through the system through these networks of transfer centers.

8. The Blue Route, third bus on Yellow Route and College Shuttle will be permanently discontinued as there are other routes that will cover areas from these former routes.

9. With funding contribution from the City of Yuma, the Red Route will be restored in a reconfigured fashion (basically operating the opposite direction of the Green Route).

10. Develop a new route identification system for all routes (color, number and name).

11. YCAT annual service hours will still remain at 22,500 revenue vehicle service hours.

12. Overall service span would be from 6:30 am to 7:30 pm, Monday through Friday and 9:30 am to 5:30 pm on Saturday. Yellow Route would continue until 7:30 pm on Saturday. No service would be provided on Sundays and nine holidays instead of six holidays (New Years Day, Dr. Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day)

13. Change the customer service hours for telephone information from 6:00 am to 6:00 pm, Monday through Friday and from 9:00 am to 5:00 pm on Saturday.

Greater Yuma Area Dial-A-Ride and WACOG ServiceGreater Yuma Area Dial-A-Ride is a required service under the Americans with Disabilities Act (ADA), but also provides additional mobility for seniors’ age 60 years old and older, persons with disabilities and WACOG clients. This service is very expensive to operate and requires a high subsidy per passenger. The service is plagued by several inefficiencies including too many vehicles on the road, poor scheduling of passengers, complicated fare structure, loose policies and a very large service area.Staff looked at the DAR service and is recommending the following actions:

1. Develop formalized policies and procedures.2. Last reservations for Dial-A-Ride would be one hour before the end of service.3. General use hours for DAR would be from 6:4. Open the service to the general public on a space available basis for destinations not served by

YCAT buses (i.e. Winterhaven)5. Reduce the service area and discontinue service to Wellton (deviated fixed route), Tacna,

Dateland, Dome Valley, Lagnita and Yuma Proving Ground.6. Simply the fare structure to the following: ADA and other7. Develop a new transit program with WACOG, which may include a deviated fixed route, reduction

of trips that can be made or increased funding from WACOG.8. Place a cap on the number of vehicles that First Transit can operate per day and a cap on the

number of hours they can operate. Implement a passenger per hour liquidated damage if First Transit does not meet a specific target of 2.5 passengers per hour on DAR service. This will provide an incentive to First Transit to utilize tools necessary to implement improved passenger per hour methods.

Only 9,500 revenue hours has been budgeted for DAR, however, 7,200 revenue hours remain due to trips in excess of the monthly budget allocation of 791 revenue hours per month. If this trend continues, the DAR program could end up going 3,700 revenue hours over budget to the cost of approximately $247,000.

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FaresStaff analyzed the fare structure and determined that it has many weaknesses that could be resolved, thus increasing ridership potential systemwide. These weaknesses include: confusion on how much people are to pay, fare disputes between passengers and drivers, perceived high cost of riding the bus, lack of discount pricing for long term pass purchases, lack of availability to purchase long term passes and lack of ability to utilize present smart card system.

The new fare proposal takes into account volume pricing. The new fare policy represents that through eliminating distance based fare pricing and having one base fare, ridership will increase by approximately 17% based on lower fare pricing for 83% of the ridership (San Luis and Somerton to Yuma). Ridership within Yuma, which accounts for 16% of the ridership, would have a fare increase of 50 cents. This translates into a possible loss of less than 1% of the ridership since through surveys;passengers are willing to pay more for improved and enhanced level of service.

The fare proposal takes advantage of discounts. If a passenger was to obtain a smart card and use that smart card to its fullest potential (i.e. add up to $200 in cash, purchase a 31 day pass or 10-ride pass loaded into the smart card or use their e-cash to pay one way or day pass fares), a discount would be applied off the fare. Those that continue to pay with cash direct to the bus driver would pay a slightly higher fare. Transfers would be eliminated In favor of the day pass.

There are implications towards implementing this fare policy. Presently, the system generated $626,025 in fare revenue in 2010 and $297,716 in fare revenue in 2011. If fares are modified to staff’s recommendation, assuming no ridership growth, the fare revenue will decline by 10% or $29,772.However, staff anticipates that the level of transfer activity will increase switching to a timed hub and spoke system and combined with the reduced fares for the largest ridership groups, fare revenue should actually increase by 15%, bringing the fare revenue to $308,199, plus new ridership from the restored Red Route, which generated approximately $150,000 in the past annually, should allow the revised transit program with the potential to generate up to $458,198 per year.

Next StepsShould the Board of Directors concur with the presentation of this information to the public, staff will hold public workshops in San Luis and Yuma to present these changes. Staff will also accept comment from the public via phone, fax, email or walk-in. Staff will analyze the comments received and present in a public hearing at the October Board of Directors Meeting for recommendation to the YMPO Executive Board. Upon approval by the YMPO Executive Board, staff would work with First Transit on a marketing and outreach campaign to train the riders on the changes and strive for an implementation date of December 2011 or January 2012.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors approves staff to seek public comment on the proposed fare and service changes to Yuma County Area Transit and Greater Yuma Area Dial-A-Ride service and to conduct a public hearing at the October 2011 Board of Directors meeting.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

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6. FINANCIAL IMPACTS: The proposed changes will maintain the status quo of 31,500 revenue vehicle service hours (22,500 for fixed route and 9,500 for demand response) through a redistribution of service hours and delivery. The fare revenue estimates assumes an increase of ridership by 5% and an increase of fare revenue by 15% based on existing riders making more trips on the transit system and the attraction of new riders to the transit system through redistribution of transit routes and services.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: Proposed Fare and Service Changes, WACOG Dial-A-Ride Challenges, Present Yuma County Area Transit Route Structure, Proposed Yuma County Area Transit Route Structure, Greater Yuma Area Dial-A-Ride Service Area Map.

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Yuma County Area Transit Proposed Fare and Service Changes Effective December 2011

The Yuma County Intergovernmental Public Transportation Authority (YCIPTA) and Yuma Metropolitan Planning Organization (YMPO) are proposing to make adjustments to Yuma County Area Transit (YCAT) and Greater Yuma Area Dial-A-Ride transit services and modify the transit fares. These changes will help improve reliability, speed up the routes and improve the overall efficiency of transit services. Bus stops will be placed every ¼ mile apart.Please join staff at two drop in workshops to discuss transit service changes at the following dates and times: � Tuesday, October 11, 2011 at San Luis City Hall - 1090 E. Union St. San Luis, from 3:30 pm to 5:30 pm.� Wednesday, October 12, 2011 at Yuma County Development Services – 2351 West 26th Street, Yuma from 1:30

pm to 3:30 pm.� Tuesday, October 17, 2011 at Yuma Palms Regional Center Bus Stop near Target from 9:30 am to 11:30 am and

2:30 pm to 4:30 pm.� Wednesday, October 18, 2011 at Arizona Western College in the 3C building from 11:00 am to 1:00 pm.

A public hearing will be held before the YCIPTA Board of Directors Meeting on Monday, October 24, 2011 at 1:30 pm at Yuma County Development Services Building, Aldrich Hall, 2351 West 26th Street, Yuma, AZ, 85364. For more information about the proposed fare and service changes, please submit your comments to: John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, email to [email protected], fax to: 928.783.0309 or call to: 928.539.7076, ext 237. Please submit any comments by Friday, October 21, 2011.

Route # Description of Service Change

RedRoute 1

� New route! that would operate from Yuma Palms Regional Center Transit Center in a counter-clockwise direction in the City of Yuma serving Redondo Center Drive, 1st Street, 4th Avenue, West Yuma Transfer Hub at Walmart, 32nd Street, Yuma Airport and Pacific Avenue. Serving the commercial core of Yuma.

� This route would operate from 6:30 am to 7:30 pm (last trip at 6:30 pm), Monday through Friday and 9:30 am to 6:30 pm (last trip at 5:30 pm) on Saturday every 60 minutes.

Orange Route 2

� This route will no longer serve Wellton and operate from Yuma Palms Regional Center Transit Center via 16th Street, Araby Road, Arizona Western College (AWC)/Northern Arizona University(NAU), Avenue 9E, Walmart Foothills, Fortuna Road and Foothills Boulevard. In the afternoon, the bus will reverse direction and operate via Fortuna Foothills, AWC/NAU and Yuma Palms Regional Center Transit Center. See Gold Route 7 for service to Wellton.

� This route would operate from 6:30 am to 7:30 pm (last trip at 6:30 pm), Monday through Thursday, 6:30 am to 6:30 pm (last trip at 5:30 pm), Friday and from 9:30 am to 5:30 pm (last trip at 4:30 pm) on Saturday every 60 minutes.

� Service to Ron Watson Middle School will only occur during school bell times only with one trip in the AM and PM.

Yellow Route 3

� Option A: This route will be streamlined to operate in Yuma via Avenue B, 24th Street and 16th Street with southbound service traveling to Social Security. Within San Luis, the bus will terminate at Archibald Street instead of San Luis Food City to avoid traffic congestion in the area. The route will also be extended to serve the Cocopah Casino.

� Option B: This route will be split into two routes. Yellow Route 3 would operate from Yuma Palms Regional Center to Cocopah Casino and Peach Route 5 will operate from Cocopah Casino to San Luis. A timed transfer will be available at Cocopah Casino. Splitting the route helps with on time performance.

� Both options: Purple Route 6 will serve Mesa Verde/Orange Grove area instead of Yellow Route 3.� Both options: This route would operate from 6:30 am to 7:30 pm (last trip from San Luis & Yuma at

6:30 pm), Monday through Friday and from 9:30 am to 7:30 pm (last trip from San Luis at 6:30 pm and from Yuma at 5:30 pm) on Saturday every 60 minutes.

GreenRoute 4

� This route will continue to operate in the clockwise direction within the City of Yuma from Yuma Palms Regional Center Transit Center via Pacific Avenue, Marine Corps Air Station Yuma, West Yuma Transfer Hub, MCAS Housing and 3rd Street in downtown Yuma to Yuma Palms Regional Center Transit Center via Castle Dome Parkway.

� This route will operate from 6:30 am to 6:30 pm (last trip at 5:30 pm), Monday through Friday and 9:30 am to 5:30 pm (last trip at 4:30 pm) on Saturday every 60 minutes.

� Service will be discontinued to 40th Street due to low ridership.

Blue Route

� This route will be permanently discontinued. Portions of this route would be covered by Orange Route 2 to AWC/NAU, Walmart Foothills, Sierra Pacific Mobile Home Park, Green Route 4 to Marine Corps Air Station Yuma and within walking distance to Kennedy Lane and Arizona Avenue from other YCAT routes.

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Purple Route 6

� This route will be streamlined to operate via Riverside Drive, Avenue C, 8th Street, Avenue A, 24th

Street to West Yuma Transfer Hub at Walmart on 26th Street at Avenue B, every 60 minutes, from 6:45 am to 6:45 pm, Monday through Friday (last trip at 5:45 pm from Cocopah North Reservationand 6:15 pm from Yuma). Service to Cocopah RV Park is on request.

� For service to Avenue B, Cocopah Casino, Mesa Verde/Orange Grove area and Cocopah East and West Reservations, take Violet Route 7, Monday through Friday.

� On Saturday, this route will operate every two hours from 10:45 am to 6:45 pm and extended to serve areas covered by Violet Route 7, which includes Avenue B, Cocopah Casino, Mesa Verde/Orange Grove area and Cocopah East and West Reservations (last trip at 4:45 pm from Cocopah North Reservation and 5:45 pm from Cocopah West Reservation).

Violet Route 7

� New route! that would operate between Cocopah West Reservation, Cocopah East Reservation(westbound only), Mesa Verde/Orange Grove area and Cocopah Casino every 60 minutes, from 7:45 am to 6:45 pm, Monday through Friday. (last trip from Cocopah West Reservation at 5:45 pm andfrom Yuma at 6:15 pm). Transfer to Yellow Route 3 to continue into Yuma at Cocopah Casino.

� On Saturday, use Purple Route 6 for service to these destinations.

Grey Route

� This route would be discontinued. Passengers may use the new Violet Route 7 for service between Cocopah West Reservation, Cocopah East Reservation, Cocopah Casino and West Yuma Transfer Hub at Walmart on 26th Street and Avenue B.

Gold Route 8

� This route will operate as a deviated fixed route departing Wellton, Monday through Friday at 7:15am arriving in Yuma by 8:10 am and departing Yuma at 2:30 pm arriving Wellton at 3:25 pm. On Saturday, the route will depart Wellton at 9:15 am arriving Yuma at 10:10 am and depart Yuma at 3:30 pm arriving Wellton at 4:25 pm. This route will make stops in Lagunita, Foothill Blvd, Walmart Foothills, AWC/NAU and Yuma Palms Regional Center only. Passengers may request the bus to deviate ¾ mile on either side of the route.

� No more than four (4) total deviations per one way trip, provided that 4 deviations can be made at the discretion of dispatch or driver. ADA passengers have first priority and may bump others.

� Deviations are to be reserved at least 30 minutes in advance up to seven days in advance.� The bus will only wait two minutes before proceeding on. Passengers must be ready!� A passenger may only request up to 2 deviations, unless passengers loads are light to warrant more

deviations based on the dispatcher or driver discretion. This means 1 deviation in the Wellton area and 1 deviation in Yuma or Fortuna Foothills area within a 1 ½ mile radius of the route.

Silver Route 9

� This route will operate on AWC/NAU school days only and operate between San Luis Food City and AWC/NAU via State Route 195. Trips will depart San Luis at 6:25 am, 7:25 am, 1:05 pm, 4:45 pm and 5:45 pm. Trips will depart AWC at 12:25 pm and 5:15 pm.

Grey Route

� This route would be discontinued. Passengers traveling between East Reservation and West Reservation and Cocopah Casino will utilize Purple Route. Saturday service will be added to the East Reservation every two hours via Purple Route.

College Shuttle

� This route would be discontinued. Please use the Orange Route 2 for service to AWC or NAU.

Night CAT

� This new flexible demand responsive service will operate Monday through Friday when AWC or NAU are in session only departing the bus stop on campus at 8:10 pm and 10:10 pm. Passengers would tell the bus driver where they need to go and the bus will drop passengers off at the nearest major intersection. Service area includes Yuma, Winterhaven, Somerton, San Luis, Cocopah Reservations, Fortuna Foothills and unincorporated areas in between within a ¾ mile radius of existing YCAT routes only. Regular YCAT fares apply for this service.

� Pick up only at AWC/NAU. No other pick ups allowed outside of AWC/NAU.Greater Yuma Area

Dial- A- Ride

� Greater Yuma Area Dial-A-Ride service will be modified to eliminate service to Yuma Proving Ground, Tacna, Dateland, Dome Valley and Wellton due to low ridership and high operating cost.

� Limited hours are budgeted for Dial-A-Ride service a month. First priority for those certified as ADA. Second priority for seniors and persons with disabilities (non-ADA). Third priority for other passengers on a space available basis.

� Service hours will be limited from 6:30 am to 6:30 pm, Monday-Friday and 9:30 am to 5:30 pm on Saturday. Within a ¾ mile of operating YCAT routes – until 7:30 pm, Monday-Saturday.

� Passengers must reserve their trip at least 30 minutes in advance up to seven days in advance. � Last reservations will be taken one hour before the end of service.� The bus will only wait two minutes before proceeding on. Passengers must be ready!

Holiday Schedule

� No transit services will be provided on Dr. Martin Luther King Jr. Day, Presidents Day and Veterans Day in addition to New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day due to low ridership on these days.

Customer Service Hours

� Customer service is available on weekdays from 6:30 am to 6:00 pm and on Saturday from 9:30 am to 5:00 pm. All other times, please leave a message and staff will return your call the next day.

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Proposed Yuma County Area Transit FaresDescription Basic

� Ages 19-59 years old

� Youth ages 5-18 years old without student ID

Discount� Seniors age 60 & older� Persons with Disabilities� Medicare Card Holders� ADA Certified� Student ages 5-18 years

old with school ID

ExpressCommuter routes for all fare categories

One Way $2.00 $1.00 $5.00One Way (Using Smart Card)

$1.75 75 cents $4.00

Day CATPass $5.00 (valued at 2.50 trips) $2.50 (valued at 2.50 trips) $12.50 (valued at 2.5 trips)

Day CATPass (Using Smart Card)

$3.50 (valued at 1.75 trips) $1.75 (valued at 1.75 trips) $10.00 (valued at 2.5 trips)

10-Ride CATPass (Use Smart Card)

$17.50 ($1.75 per ride) $7.50 (75 cents per ride) $45.00 (valued at $4.50 per ride)

31-Day CATPass (Use Smart Card)

$60.00 ($1.50 per ride/20 days/2 trips each)

$30.00 (75 cents per ride/20 days/2 trips each)

$150.00 (valued at $3.75 per ride/20 days/2 trips each)

� No transfers – use Day CATPass or pay one way fares.� Cocopah Tribe members can ride free by showing their tribal ID card.� AWC and NAU students can ride free by showing their student ID card with the current semester

sticker.� YPIC, Aztec High School and Vista High School can ride free by showing their student ID card

with current semester sticker.� Children under 5 ride free – up to four children. Fifth and more children pay discount fare.� Smart Card Initial Fee - $2.00.� Lost Smart Card Replacement Fee - $5.00.� Yuma Sun newspaper on buses – 50 cents.� Class Pass - $45.00 (Up to 5 adults and 40 students @ $1.00 per ride).� This fare structure would be applicable on the evening NightCAT service from AWC/NAU.

Proposed Greater Yuma Area Dial-A-Ride Fares

Description Within the ADA Fixed Route Zone of ¾ mile on either side of YCAT route

Outside ADA Fixed Route Zone

One Way $4.00 $8.0010-Ride CATPass (Use Smart Card) $35.00 ($3.50 per ride) $75.00 ($7.50 per ride)Upgrade using Day CATPass, 10-Ride CATPass or Monthly CATPass from YCAT to GYADAR

+$2.00 +$6.00

WACOG Donation Fare $4.00 $4.00Buddy Fare(5 or more passengers traveling from/to same location)

$2.00 per person $4.00 per person

� General fare passengers can pay the $8.00 fare when Dial-A-Ride serves an area at least ¾ of a mile away from YCAT fixed routes and if space is available. With CATPasses, $6.00.

� Passengers must be a senior at least 60 years or older, person with disability, Medicare card. holder, ADA certified or a companion of the eligible categories to ride GYADAR as first priority.

� Children under 5 ride free – up to four children. Fifth and more children pay discount fare.� Dial-A-Ride New Registration Card - $3.00 (photo ID card) – may also use for discount on YCAT.� Dial-A-Ride Lost Registration Card - $5.00 (photo ID card).� ADA eligible passengers receive free Dial-A-Ride registration card.

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WACOG Dial-A-Ride Funding Challenges

Issues:

1. Dial-A-Ride is over budget due to WACOG clients.2. WACOG client trips are traveling across the entire service area (i.e. Foothills to San

Luis). 3. A senior or person with disability will try to certify as WACOG first so that they can

avoid paying the full fare for the trip.4. Budgeted hours did not factor WACOG clients. Assumed only regular Dial-A-Ride

clients.5. 15,083 trips budgeted @ $6.50 per trip in FY 2012.6. 13,316 trips budgeted @ $6.63 per trip in FY 2011.7. True subsidy cost based on FY 11 = $41.49. 8. True subsidy cost based on FY 12 = $41.74. 9. In FY 11 49% clients were WACOG. 10. In FY 12 60% clients are WACOG. 11. If current trend continues, the system will be over by 3,716 service hours or $247,745

to transit system based on marginal rate of $66.67). 12. Current trend is 1100 hours per month at 46 hours per day in dial-a-ride service for a

12 hour period.13. If operate 728 hours for per month for reminder of fiscal year, that would translate to

approximately 30 hours per day in dial-a-ride service for a 12 hour period.

Solutions:

1. Reduce number of trips: a. By true subsidy cost @ $41.74 = 2,113 trips (176 trips per month, 9 trips per

day on average). b. In-kind costs would be administrative overhead from YMPO/YCIPTA.

2. WACOG increase their budget to YMPO to match their desired number of passenger trips @ 15,083 per trip or $629,574 @ $41.74 per passenger trip.

3. Covert $88,236 budget from a subsidy per trip into an hourly cost for service @ $66.67 per hour, which equals 5.25 hours per day of WACOG service on one bus for 252 weekdays per year. Service hours could be from 9:15 am to 2:30 pm.

4. Discontinue WACOG service on Saturday, since this day is not in the MOU.5. Starting putting WACOG clients on YCAT fixed routes if they are near YCAT routes.6. Limit trips to esscental trips as determined by WACOG based on criteria established

by WACOG and YCIPTA/YMPO.7. Increase donation charge from $2.00 to $4.00.8. Improve productivity on Dial-a-Ride through retraining, reallocation of staff and/or use

of Trapeze eliminate “taxi type” services and achieve a goal of at least 2.5 passengers per hour.

9. Change the registration process to prevent competition with regular DAR program. More stringent.

10. Develop a deviated fixed route and operate Monday through Friday to certain points explained in Section 1A of MOU operating at limited times to cover this service. (see #2).

a. Would need to plot WACOG riders and the popular destinations they wish to visit in the YCAT service area.

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Month Actual HoursWACOG PAX actual DAR PAX Actual Total DAR PAX

DAR Cost per month

Subsidy Per Trip

Difference Covered by Transit System

% WACOG vs. DAR

% DAR vs. WACOG

July 1,500.00 1,115.00 2,171.00 3,286.00 107,392.00$ 32.68$ 26.05$ 33.93% 66.07%August 1,923.00 937.00 1,128.00 2,065.00 107,629.00$ 52.12$ 45.49$ 45.38% 54.62%September 665.62 215.00 647.00 862.00 48,443.10$ 56.20$ 49.57$ 24.94% 75.06%October 770.52 443.00 556.00 999.00 41,792.76$ 41.83$ 35.20$ 44.34% 55.66%November 840.97 727.00 550.00 1,277.00 56,004.73$ 43.86$ 37.23$ 56.93% 43.07%December 991.27 893.00 651.00 1,544.00 62,625.62$ 40.56$ 33.93$ 57.84% 42.16%January 999.05 784.00 685.00 1,469.00 62,968.15$ 42.86$ 36.23$ 53.37% 46.63%February 1,034.08 791.00 680.00 1,471.00 64,511.22$ 43.86$ 37.23$ 53.77% 46.23%March 1,118.78 1,047.00 807.00 1,854.00 68,242.26$ 36.81$ 30.18$ 56.47% 43.53%April 1,124.85 1,027.00 888.00 1,915.00 68,509.64$ 35.78$ 29.15$ 53.63% 46.37%May 1,123.42 1,062.00 835.00 1,897.00 68,446.65$ 36.08$ 29.45$ 55.98% 44.02%June 1,078.87 1,137.00 749.00 1,886.00 66,484.00$ 35.25$ 28.62$ 60.29% 39.71%Total 13,170.43 10,178.00 10,347.00 20,525.00 823,049.13$ 41.49$ 34.86$ 49.74% 50.26%

Total actual hours operated: 13,170.43WACOG passengers carried 10,178DAR passengers carried 10,347DAR Cost in FY 2009-2010 $823,049.10Subsidy Per Trip $41.49 67480.14WACOG covered @ $6.63 per tripTransit System covered cost @ $34.8649% ridership was WACOG50% ridership was DAR

FY 11 WACOG DAR Service Analysis

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Month Budget Hours Actual Hours WACOG PAX actual

DAR PAX Actual Total DAR PAX

DAR Cost per month

Subsidy Per Trip

Difference Covered by Transit System

% WACOG vs. DAR

% DAR vs. WACOG

July 791.67 1,013.00 1,003.00 690.00 1,693.00 67,469.13$ 39.85$ 33.35$ 59.24% 40.76%August 791.67 1,203.00 1,119.00 717.00 1,836.00 80,124.46$ 43.64$ 37.14$ 60.95% 39.05%September 791.67 728.40 October 791.67 728.40 November 791.67 728.40 December 791.67 728.40 January 791.67 728.40 February 791.67 728.40 March 791.67 728.40 April 791.67 728.40 May 791.67 728.40 June 791.67 728.40 Total 9,500.00 9,500.00 2,122.00 1,407.00 3,529.00 147,593.59$ 41.75$ 35.25$ 60.10% 39.90%

Budgeted Hours 9,500.00 WACOG covers $6.50 per trip. Transit System covers $35.25 as of 8/31/11

FY 12 WACOG DAR Service Analysis

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Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:11 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Discussion and Possible Action Regarding Appointing A Board Member to Review the Transportation Authority Fiscal Matters.

3. SUMMARY: To provide sufficient financial oversight over the Transportation Authority fiscal affairs, the Transit Director has requested a board member be appointed to be a financial liaison between the Transportation Authority staff, YMPO accounting staff, Yuma County Financial Services and the Board of Directors. It is anticipated that this person would review the Transportation Authority financials on an as needed basis.

Mr. Ralph Velez has offered to act in this capacity.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors appoints Ralph Velez as the Board Member to review Transportation Authority Fiscal Matters.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: None.

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F560_FT Fleet History Report

Organization : 5588 - Yuma

Page 175

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F560_FT Fleet History Report

Organization : 5588 - Yuma

Page 176

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F560_FT Fleet History Report

Organization : 5588 - Yuma

Page 177

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F560_FT Fleet History Report

Organization : 5588 - Yuma

Page 178

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F560_FT Fleet History Report

Organization : 5588 - Yuma

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Yuma County Intergovernmental Public Transportation Authority_________________________________________________________________________________________________________________________________

2715 East 14th Street, Yuma, AZ 85365, Telephone: 928-539-7076, ext 237 – Fax: 928-783-0309email: [email protected] - Web: www.ycipta.org

Yuma County Intergovernmental Public Transportation Authority Summary of Staff Activities

September 2011� Meet and Greet

This past month, I have met with the Yuma Economic Development Corporation Executive Director, Director of Planning at Cocopah Tribe, ADOT’s 5311 Program Manager, Matt Molenar at MGM Internet Solutions and the Town of Wellton Town Manager. I am working on scheduling meetings with the Yuma Visitors Bureau, Quechan Tribe, Imperial County Transportation Commission, Yuma Private Industry Council, Yuma County Juvenile Justice Center and SMILE.

� Budget and GrantsFTA has approved and executed the grant for Federal Fiscal Year (FFY) 2011. This grant will use the entire allocation to the Yuma AZ-CA urbanized area, which totaled $1,599,419. Staff now has access to TEAM and National Transit Database and has started monthly reporting. Staff also participated in a 5311 workshop with ADOT on September 21 and 22 and has started work on an application for the Yellow and Orange Routes which operate outside the urban area. Funding these routes have a local match requirement of 42% as compared to the standard 50/50% when utilizing the 5307 funding program. If awarded, the Agreement with ADOT would take effect in the FFY 2012 year.

� First TransitThe First Transit Agreement is ready for execution and has been delivered to all parties to sign. Staff is working with First Transit to address the issues regarding dial-a-ride service delivery and developing strategies to address the overage in service hours

� PressThere were two articles in the Yuma Sun regarding the Ride and Read program with the Yuma Sun. Rudy Reyes did an interview with NPRregarding the dial-a-ride program. I did an interview with Yuma 73 television show. Mass Transit published Top 40 under 40 with a feature on me.

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� YMPO Executive BoardStaff will be presenting the role of the Transit Director and Contract

Administrator to the YMPO Executive Board at its meeting on Thursday, September 29, 2011.

� GreyhoundStaff is working with Greyhound Lines, Inc to designate YCIPTA as the Greyhound agent in Yuma and have buses stop at Yuma Palms Regional Center. Additionally, staff would have YCAT Yellow and Orange Routes apart of the Greyhound Rural Feeder Program so that passengers can purchase tickets from over 3,500 destinations served by Greyhound and its subsidiaries to destinations served by YCAT Yellow and Orange Routes. As part of becoming Greyhound’s agent, YCIPTA would receive 5% commission on each ticket sold or each freight sent from Yuma and 10% commission on each freight item received. First Transit staff would actually be selling the tickets and freight. This revenue would be used as match revenue. Greyhound reports that YCIPTA can make up to $50,000 a year in revenue.

� Newspapers on BusesStaff worked with the Yuma Sun to develop a ride and read program on all YCAT and Dial-A-Ride buses. This program allows Yuma Sun to sell newspapers on board all buses and 20 cents goes to YCAT as miscellaneous revenues to support the transit operation. The program so far is developing in popularity. This concept is one way to keep people interested in the bus.

� PresentationsI have made presentations to the City of Yuma, City of Somerton, Town of Wellton and Yuma County Chamber of Commerce on the status of the Transportation Authority. I will be scheduling presentations with the Arizona Western College Governing Board, Yuma County Airport Authority, City of San Luis City Council and Western Arizona Council of Governments.

� 5311Staff participated at ADOT’s annual 5311 workshop on September 21 and 22 in Tucson to learn about the program and the application process. ADOT has mentioned that they are happy to work with YCIPTA in regard to the submission of an application for routes that operate outside the urban area (i.e. the Yellow and Orange Routes). Applications are due on December 2011. A requirement for these funds is that a Transit Advisory Committee should be formed to advise the policy board on 5311 transit services. Staff intends to work with YMPO regarding the development of this application and seek Board approval in October or November to submit the application. The match requirements for use of these funds are

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58% Federal and 42% local. Using these funds will allow YCIPTA to preserve 5307 funds for future uses.

� BenefitsThe Yuma County/YMPO Intergovernmental Agreement states that YCIPTA employees are Yuma County employees for the sole purpose to receive health and retirement benefits. As a result, staff is working with Yuma County to resolve the legal counsel difference regarding the definition of employ as it relates to ARS 28-9122 and how the Transit Director is to be hired. Once the issue is resolved, staff will propose a benefit package for the Board to consider and finalize the IGA between YCIPTA and Yuma County for Human Resources support.

� Title VIStaff has been working on the Title VI Correction Action Plan for YMPO as well as developing a Title VI Program for YCIPTA. Staff participated at the FTA Civil Rights Workshop in Berkeley, CA on Friday, September 23, 2011 to have the Title VI Plan reviewed and to understand the Title VI guidelines.

� Commuter BusStaff has been meeting and/or discussing with Johnson Controls, Yuma Proving Ground, Gadsden School District, Gowen Milling and General Motors regarding potential commuter bus service that would be funded at their expense targeting a specific shift for commuter bus service. Once proposals are finalized and funding plan in place, staff will present these concepts for Board consideration. Staff is not committing any YCIPTA funds for this effort and has stated that these services must be fully funded through fares and employer funding before YCIPTA would be able to operate the services.

� Route TestingMyself as well as First Transit has tested several of the new route combinations to ensure that the routes can operate in 55 minutes or less. The goal by reducing route miles is to achieve a 60 minute frequency on all routes to provide a memory schedule for passengers using YCAT service. First Transit was able to develop a system where all the routes were operating at 55 minutes or less per one way direction.

� WACOGYMPO has a Memorandum of Understanding with WACOG regardingDial-A-Ride service for their clients at a rate of $6.50 per passenger for 15,083 passenger trips. Presently, it is costing $41.74 per passenger, which means that the member agencies are subsidizing $35.24 of these trip costs. 60% of Dial-A-Ride passengers today are WACOG clients since the WACOG service is on a donation basis and the eligibility process for WACOG is fairly easy and competes with the present Dial-A-Ride process. If current trend continues, the transit system will be over by

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3,716 service hours or $247,745 to transit system based on marginal rate of $66.67). Current trend is 1100 hours per month at 46 hours per day in dial-a-ride service for a 12 hour period. If Dial-A-Ride operate 728 hours for per month for reminder of fiscal year, that would translate to approximately 30 hours per day in dial-a-ride service for a 12 hour period.Staff will be working with YMPO, First Transit and WACOG to develop solutions and resolve this matter fairly quickly to ensure that a budget deficit on service does not occur.

� Personnel SubcommitteeThe personnel subcommittee met on September 7. This committee comprises of Robert Pickels, Greg Wilkinson and Bill Lee. The committee discussed performance measures for the Transit Director and an avenue to evaluate his performance. Other topics discussed includes outside employment and volunteer activities and policy, personnel policies and procedures, benefits plan and a vehicle use policy. The committee approved several items that will be considered by the Board of Directors today.

� Contractor’s Employee of the MonthA employee will be selected by First Transit on September 30 for presentation to the Board at the October Meeting. Below are the criteria:

� Employee(s) who exhibit a positive attitude towards customers and fellow employees

� Employee(s) who contribute in a positive manner to improving service through actions and or suggestions

� Employee(s) who are accident free (preventable) in the last 90 days� Employee(s) who have received commendations/citations from the

public� Employee(s) maintain zero absences for 90 days

This person is selected by the First Transit General Manager. Any individual who receives the “YCAT Award of Excellence” will receive a certificate of appreciation. A flyer will be placed on board the buses honoring the employee of the month. The Chairman and Transit Directorwill also provide a certificate to the employee as part of the Board of Directors meeting.

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Page 187: Yuma County Intergovernmental Public Transportation Authority

YUMA COUNTY Budget Performance Report Current Period: AUG-2011 Currency: USD FUND=08808 (Y.C.I.P.T.A.), Ledger=YUMA (YUMA COUNTY) Percentage YTD YTD YTD Funds Full Year of Full YeOBJECT Budget Encumbrance Expenditures Available Budget Budget Lef--------------------------------------------- ------------- ------------- ------------- ------------- ------------- ----------Intergovernmental 33100 FEDERAL GRANTS -1,542,293 0 0 -1,542,293 -1,542,293 10033110 FEDERAL GRANTS PRIOR YEAR -399,989 0 0 -399,989 -399,989 10033510 STATE GRANTS PRIOR YEAR -75,764 0 0 -75,764 -75,764 10033690 OTHER SHARED REVENUE -511,146 0 0 -511,146 -511,146 10033930 ADMINISTRATIVE COST REIMBURSED -133,098 0 0 -133,098 -133,098 100TOTAL -2,662,290 0 0 -2,662,290 -2,662,290 100

Charges for Services 34049 MISCELLANEOUS FEES FOR SERVICES -225,000 0 0 -225,000 -225,000 100TOTAL -225,000 0 0 -225,000 -225,000 100

Interest on Investments 36010 INTEREST ON INVESTMENTS -45,000 0 -59 -44,941 -45,000 99TOTAL -45,000 0 -59 -44,941 -45,000 99

Rents 37010 RENT GENERAL -6,000 0 0 -6,000 -6,000 100TOTAL -6,000 0 0 -6,000 -6,000 100

Miscellaneous 39090 MISCELLANEOUS REVENUES -6,500 0 0 -6,500 -6,500 10039510 CONTRIBUTIONS FROM PUBLIC ENTERPRISES -150,762 0 0 -150,762 -150,762 10039520 CONTRIBUTIONS FROM PRIVATE SOURCES -170,469 0 0 -170,469 -170,469 100TOTAL -327,731 0 0 -327,731 -327,731 100

-------------- -------------- -------------- -------------- -------------- -----------TOTAL REVENUE -3,266,021 0 -59 -3,265,962 -3,266,021 100 ============== ============== ============== ============== ============== ===========

Personal Services 40110 REGULAR SALARIES AND WAGES 215,229 0 9,211 206,018 215,229 9540210 SOCIAL SECURITY CONTRIBUTIONS 8,815 0 571 8,244 8,815 9340211 MEDICARE CONTRIBUTIONS 0 0 134 -134 0 40220 ARIZONA STATE RETIREMENT 11,419 0 930 10,489 11,419 9140230 HEALTH INSURANCE (ER) 13,295 0 554 12,741 13,295 9540231 EMPLOYEE ASSISTANCE PROGRAM 37 0 2 35 37 9540233 LIFE INSURANCE (ER) 171 0 8 164 171 9540241 WORKERS' COMPENSATION INSURANCE 251 0 0 251 251 10040280 OTHER EMPLOYEE BENEFITS 233 0 0 233 233 100TOTAL 249,450 0 11,409 238,041 249,450 95

Supplies and Services 41101 OFFICE SUPPLIES 1,000 0 0 1,000 1,000 10041220 FOOD SUPPLIES 500 0 0 500 500 10041260 FUEL, OIL, AND LUBRICANTS 330,000 0 0 330,000 330,000 10041290 PRINTING AND MICROFILMING 11,000 0 0 11,000 11,000 10041310 BUILDING SUPPLIES 2,500 0 0 2,500 2,500 100 YUMA COUNTY Budget Performance Report Current Period: AUG-2011 Currency: USD FUND=08808 (Y.C.I.P.T.A.), Ledger=YUMA (YUMA COUNTY) Percentage YTD YTD YTD Funds Full Year of Full YeOBJECT Budget Encumbrance Expenditures Available Budget Budget Lef--------------------------------------------- ------------- ------------- ------------- ------------- ------------- ----------41311 GROUNDS SUPPLIES 1,500 0 0 1,500 1,500 10042110 LEGAL SERVICES 13,672 0 0 13,672 13,672 10042111 LEGAL NOTICES 1,500 0 0 1,500 1,500 10042113 REPORTING AND TRANSCRIBING 15,100 0 0 15,100 15,100 10042130 ACCOUNTING AND AUDITING SERVICES 15,088 0 0 15,088 15,088 10042140 CONSULTING SERVICES 20,967 0 0 20,967 20,967 10042141 CONTRACT COSTS 1,146,445 0 0 1,146,445 1,146,445 10042211 ELECTRICITY-BUILDINGS 13,905 0 0 13,905 13,905 10042234 WATER-OFFICES 1,745 0 0 1,745 1,745 10042241 REFUSE DISPOSAL 456 0 0 456 456 10042310 TELEPHONE 31,791 0 0 31,791 31,791 10042330 POSTAGE 3,457 0 0 3,457 3,457 10042410 TRAVEL EXPENSES 1,000 0 0 1,000 1,000 10042470 MOVING EXPENSES 3,000 0 0 3,000 3,000 10042810 GENERAL LIABILITY INSURANCE 2,809 0 0 2,809 2,809 10042850 PROFESSIONAL LIABILITY INSURANCE 2,807 0 0 2,807 2,807 10042940 COMMUNICATION EQUIPMENT LEASE/RENTAL 7,361 0 0 7,361 7,361 10042960 BUILDING LEASE/RENTAL 43,200 0 0 43,200 43,200 10042980 AUTOS AND TRUCKS LEASE/RENTAL 1,500 0 0 1,500 1,500 10043012 MAINTENANCE EQUIPMENT REPAIR AND MAINT 5,000 0 0 5,000 5,000 10043013 COMMUNICATION EQUIP REPAIR AND MAINT SV 1,500 0 0 1,500 1,500 10043021 AUTOMOTIVE REPAIR AND MAINTENANCE SVCS 145,803 0 0 145,803 145,803 10043060 BUILDING REPAIR AND MAINTENANCE SVCS 6,000 0 0 6,000 6,000 10043062 PEST CONTROL SERVICES 500 0 0 500 500 10043070 GROUNDS REPAIR AND MAINTENANCE SVCS 1,500 0 0 1,500 1,500 10043090 OTHER REPAIR AND MAINTENANCE SVCS 6,000 0 0 6,000 6,000 10043415 ADVERTISING 10,500 0 0 10,500 10,500 10043430 DUES AND MEMBERSHIPS 3,155 0 0 3,155 3,155 10043460 TRAINING AND SCHOOL CLASSES 5,000 0 0 5,000 5,000 100TOTAL 1,857,261 0 0 1,857,261 1,857,261 100

Capital Outlay

Page 1 of 2

9/20/2011https://ebs.co.yuma.az.us:4443/OA_CGI/FNDWRR.exe?temp_id=1916617359

Page 187

Page 188: Yuma County Intergovernmental Public Transportation Authority

45110 LAND SITE PREPARATION 35,000 0 0 35,000 35,000 10045220 BUILDING IMPROVEMENTS & FIXTURES 14,512 0 0 14,512 14,512 10045411 AUTOMOBILES 55,500 0 0 55,500 55,500 10045420 COMMUNICATIONS EQUIPMENT 150,000 0 0 150,000 150,000 10045440 OFFICE MACHINES 2,000 0 0 2,000 2,000 10045450 DATA PROCESSING EQUIPMENT 2,757 0 0 2,757 2,757 10045495 OTHER MACHINERY AND EQUIPMENT 92,360 0 0 92,360 92,360 100TOTAL 352,129 0 0 352,129 352,129 100

Budget Use Only 46710 CONTINGENCY 529,447 0 0 529,447 529,447 10046740 RESERVE FOR FUTURE PURCHASES 277,734 0 0 277,734 277,734 100TOTAL 807,181 0 0 807,181 807,181 100

YUMA COUNTY Budget Performance Report Current Period: AUG-2011 Currency: USD FUND=08808 (Y.C.I.P.T.A.), Ledger=YUMA (YUMA COUNTY) Percentage YTD YTD YTD Funds Full Year of Full YeOBJECT Budget Encumbrance Expenditures Available Budget Budget Lef--------------------------------------------- ------------- ------------- ------------- ------------- ------------- ---------- -------------- -------------- -------------- -------------- -------------- -----------TOTAL EXPENSE 3,266,021 0 11,409 3,254,612 3,266,021 99 ============== ============== ============== ============== ============== ===========

Page 2 of 2

9/20/2011https://ebs.co.yuma.az.us:4443/OA_CGI/FNDWRR.exe?temp_id=1916617359

Page 188

Page 189: Yuma County Intergovernmental Public Transportation Authority

Yuma County Intergovernmental Public Transportation Authority (YCIPTA)AGENDA ITEM REVIEW FORM

1. Item No.:18 Meeting Date 9/26/11 Regular Special Executive Public Hearing

Dept. YCIPTA Contact: John Andoh, Transit Director or Robert Pickels, Chairman Submitted by: John Andoh_________

2. REQUESTED BOARD ACTION: Approve Performance Measures and Evaluation Standards For Transit Director from Personnel Subcommittee.

3. SUMMARY: Attached are the proposed performance measures to evaluate the Transit Director’s performance for the current fiscal year. The proposed performance measures have been designed to address the implementation of the activities that the Transportation Authority needs to undertake prior to assuming transit operations in July of 2012. A summary of the proposed performance measures are listed below:

Set Up Procedures, Policies and Guidelines for Transportation AuthorityEstablish FTA Grantee Status and Transition Operations to Transportation AuthorityFinancial StabilityService DevelopmentDirect and Manage Transportation Authority OperationsEstablish and Maintain Relationships in the Community

It is the intent that the Personnel Subcommittee would work with the Transit Director to update these performance measures on an annual basis during the Transit Director performance review, each July.

Also, attached is a sample performance evaluation form that would be used by the Personnel Subcommittee when evaluating the Transit Director. This form is modeled after the Yuma County Agency Head form. It is anticipated that the Personnel Subcommittee would be the forum to evaluatethe Transit Director and take its recommendation to the full Board of Directors for approval of its findings.

It is anticipated that such performance evaluation would occur in early July with a presentation during executive session to the Board of Directors at its July or August meeting.

The Personnel Subcommittee met on September 7, 2011 to review the proposed performance measures and the avenues necessary to evaluate the performance of the Transit Director and concur with the Board of Directors approval of this item.

4. RECOMMENDED MOTION: That the Yuma County Intergovernmental Public Transportation Authority Board of Directors approves performance measures and evaluation standards for Transit Director from Personnel Subcommittee.

5. Account Codes: GL: Fund Name: YCIPTA Account #:08808.07.7301 Funds Available: Yes No

Grants\Projects: Title: FTA and Local Match Project #: FTA Award#: AZ-90-X118-00

Page 190: Yuma County Intergovernmental Public Transportation Authority

6. FINANCIAL IMPACTS: None.

7. Transit Director’s Recommendation: 8. Legal Counsel Review:Approve as presented. *Approved as to Form/Authority and within the powers & authority

granted under the laws of the State of Arizona to the YCIPTA. *Added comments by the YCIPTA Attorney:

Signed ________ ___________________________ Signed________Legal review not needed.______________Date ____9-20-2011_________________ Date _______9-20-2011______________

9. ATTACHMENTS: Performance Evaluation Form for Transit Director, Proposed Performance Measures.

Page 191: Yuma County Intergovernmental Public Transportation Authority

Yuma County Intergovernmental Public Transportation Authority Performance Evaluation Program

For Transit Director

PART I: ADMINISTRATIVE INFORMATIONName: (Last, First, Initial)

Employee ID Number:

Overall Rating (Part III):

Percent of Increase:

Position Title:

Current Annual Salary:

New Annual Salary:

Grade:

Current Step:

New Step:

Hire Date:

Date Assigned to Position:

Rating Period From Date:

Rating Period To Date:

Type of Evaluation: Annual: Unscheduled: Other: Next Scheduled Evaluation Date:

Step Increase: Approved: Denied: Effective Date:

PART II: CRITICAL JOB RESULTS DURING THIS RATING PERIODInstructions: 1.) Employee is to complete Column A, B and C as a self evaluation. Column A lists each major objective assigned

during this rating period. Column B states the standard agreed upon with the rater at the beginning of this rating period. Column C is the employee’s assessment of the results achieved in reaching the objective, or mitigating circumstances that affected his/her ability to do so.

2.) The Rater will complete Column D assign a rating and make a comment of justification for the rating. Attach additional sheets if necessary. Total of all “Weights” should equal 100%.

Column AMajor Objective

Column BExpectations to be met

Column CEmployee’s Assessment

Column D: Rater’s Rating & Comment

1. Weight: ________ %E

ME

NI

2. Weight: ________ %GE

ME

NI

3. Weight: ________ %GE

ME

NI

Copy if additional sheets are needed based on number of Objectives. Remember to number and weight each Objective.

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Column AMajor-Objective

Column BExpectations to be met

Column CEmployee’s Assessment

Column D: Rater’s Rating & Comment

4. Weight: ________ % GE

ME

NI

5. Weight: ________ %GE

ME

NI

6. Weight: ________ %GE

ME

NI

7. Weight: ________ %GE

ME

NI

8. Weight: _______ %GE

ME

NI

9. Weight: ________ %GE

ME

NI

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PART III: OVERALL RATING AND RATER’S COMMENTS:

� Greatly Exceeds Expectations (GE): Must add value to the organization throughout the year in excess of the performance requirements stated for “Critical Job Results – Major Objectives” as mutually agreed upon at the start of the review period and stated on evaluation form, plus truly stand apart from other employees in demonstrable extra effort or achievements.

� Meets Expectations (ME): Must meet performance expectations for “Critical Job Results – Major Objectives” as mutually agreed upon at the start of the review period and stated on evaluation form.

� Needs Improvement (NI): Demonstrated performance that falls below the definition of the “Meets Expectations” rating.

OVERALL RATING:GEMENI

PART IV: SIGNATURES – APPROVAL: Instructions: Signatures are listed in order of review and must be approved prior to proceeding to the next level of signature approval. After securing required signature approvals, the supervisor will meet with the employee for a performance evaluation discussion of the employee’s performance during the rating period. The employee will be asked to acknowledge his/her understanding of performance expectations for the next rating period. Should the employee refuse to sign this form, a witness may sign to document that the employee received a copy of his/her evaluation.

Rater’s Signature Date:

Chairman’s Signature Date:

Employee’s Signature Date:

By signing here the employee acknowledges that he/she has been advised of his/her performance rating for the period stated, the rationale behind such rating, and receipt of copy of this document. It does not constitute agreement or disagreement with the rating.

Submit the form with the original signatures, and any additional sheets, to Human Resources for filing in the employee’s official Personnel file.

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PART V: INDIVIDUAL DEVELOPMENT PLAN: Instructions: Identify training opportunities which are intended to help develop the employee for continuous and enhanced improvement in performance, or in areas where improvement is required. Also list measurable project objectives to be accomplished during the next review period. Attach additional sheets if necessary.

PART VII: SUPERVISOR’S COMMENTS:Attach additional sheets if necessary.

PART VIII: EMPLOYEE’S COMMENTS:Attach additional sheets if necessary.

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Purposed Performance Objectives For Transit Director

1. Set Up Procedures, Policies and Guidelines for Transportation Authoritya. Personnelb. Financialc. Procurementd. Transit Operationse. Grant Managementf. Administrativeg. Third Party Contracting

2. Establish FTA Grantee Status and Transition Operations to Transportation Authority

a. Legal Capacityb. Technical/Managerial Capacityc. Fiscal Capacityd. TEAM, ECHO, NTD Set Upe. Civil Rights Development and Implementationf. Maintenance Plan and Fleet Plang. Transition Plan Development and Implementationh. Successful Negotiations of Transit Operations and Assets with YMPOi. Develop Agreement

3. Financial Stabilitya. Develop and manage budgetb. Identify additional funding sourcesc. Grant management and development

4. Service Developmenta. Coordinate Yuma Regional Transit Study Planning and Implementationb. Establish and monitor transit performance measuresc. Balance service with demandd. Implement service efficienciese. Implement innovate business strategies to increase revenue and ridership

5. Direct and Manage Transportation Authority Operations

6. Establish and Maintain Relationships in the Community

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