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R-08-01-24-10E3 - 1/24/2008 RESOLUTION NO. R-08-01-24-10E3 WHEREAS, Chapter 791 of the Texas Government Code, V.T. C.A. , authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the Capital Area Metropolitan Planning Organization ( "CAMPO" ) regarding the local match for the Modeling Improvements program, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with CAMPO, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of January, 2008 NYL WEAL, Mayor ATTEST: C' y of Round Rock, Texas SARA L. WHITE, City Secretary 0:\wdox\RESOLUTI\R80124E3.WPD/rmc INTERLOCAL AGREEMENT BETWEEN THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF ROUND ROCK THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION,a metropolitan planning organization, hereinafter referred to as "CAMPO" and the CITY OF ROUND ROCK, a local government,hereinafter referred to as the "City." WITNESSETH: WHEREAS, the Governor of the State of Texas has designated the Austin Urban Transportation Study acting through its Transportation Policy Board to be the Metropolitan Planning Organization (MPO) for the Austin urbanized area(s); and WHEREAS, 23 USC Section and USC Section 5301 et seq. require that MPOs, in cooperation with the State of Texas, Texas Department of Transportation and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, metropolitan planning (PL) funds, and other federal transportation funds that may be used for planning and 49 USC Section 5303 funds for authorized activities may be used in conjunction with work conducted under the terms of this Agreement; and WHEREAS, the CAMPO Transportation Policy Board, as the MPO on July 12, 2005 authorized the Executive Director to sign a contract or an Agreement for cooperation between CAMPO and CITY; and WHEREAS, CITY provides transit services and transportation planning throughout its service area including a portion of the CAMPO planning area; and WHEREAS, CITY desires to coordinate programs and activities to provide a more efficient and synergistic operation with CAMPO on region-wide transportation issues; and WHEREAS, CITY in working closely on transportation-related issues has offered to participate and assist in the development of several Congestion Management related projects by providing matching funding and other resources as required by the CAMPO and member entities. NOW,THEREFORE,BE IT RESOLVED in consideration of the mutual covenants and promises made by the parties, CAMPO and CITY hereby agree as follows: EXHIBIT 1 "All I. OBLIGATIONS OF CAMPO A. CAMPO will retain and manage consultants and/or staff through a collaborative process to implement listed services in Attachment A - Scope of Services. B. Authorize and allow CAMPO to transfer data and other information related to services provided by CITY in its service area. C. CAMPO agrees to indemnify CITY for any amounts to which the CITY may become liable because of the action or omission of CAMPO employees or its consultants arising out of, or in connection with, the performance of this Agreement. H. OBLIGATIONS OF CITY A. CITY shall reimburse CAMPO an amount not to exceed $4,000.00 to cover consulting and/or staff services listed in Attachment A - Scope of Services, upon presentation of a detailed invoice to CITY outlining each cost along with technical documents and staff progress reports. B. CITY agrees to indemnify CAMPO for any amounts to which CAMPO may become liable because of the action or omission of CITY employees arising out of, or in connection with the performance of this Agreement. C. Provide coordination of transportation activities throughout its service area including consistent and available information to CAMPO. 2 M.TERM and TERIVIINATION A. Term of this Agreement is effective on the day both parties agree and sign and ends September 30, 2008, or sooner, by mutual agreement of both parties unless previously terminated pursuant to Section III.B. to this Agreement. B. If either party defaults in the performance of any - terms or conditions of this Agreement, the defaulting party shall have 30 days after receipt of written notice of such default within which to cure such default. If such default is not cured within such period of time,then the offended Party shall have the right without further notice to terminate this Agreement. C. This Agreement may be terminated, in whole or in part, by either party whenever such termination is found to be in the best interest of either party. Either party shall provide written notification to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to CAMPO: CAMPO Transportation Policy Board Post Office Box 1088 C/O CAMPO Office Austin, Texas 78767 with a copy to: Dr. Chen Yang Post Office Box 1088 Austin, Texas 78767 If to CITY: Tom Word City of Round Rock Public Works Operations 2008 Enterprise Drive Round Rock, TX 78664 3 IV. RESTRICTION ON LOBBYING In accordance with 31 USC Section 1352, CAMPO and CITY hereby certify that no Federal appropriated funds have been or will be paid by or on behalf of CAMPO and/or CITY to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, grant, loan, or cooperative agreement, CAMPO and/or CITY shall complete and submit standard form-LLL, "Disclosure Form to Report Lobbying", in accordance with it instructions. CAMPO and/or CITY shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose accordingly. CAMPO and/or CITY and its subcontractors shall require that the language of this certification be included in any subcontract exceeding $100,000 by any tier in that any such subcontractor shall certify and disclose accordingly. V. INSPECTION OF WORK AND RETENTION OF DOCUMENTS A. CAMPO and/or CITY, when federal funds are involved, shall grant the U.S. Department of Transportation, the Texas Department of Transportation and any authorized representative thereof, the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. B. All records or materials required by or produced under this Agreement, including records produced by any subcontractor to CAMPO and/or CITY, shall be maintained for at least three (3) years after CAMPO and/or CITY payment under this Agreement or the termination or expiration of this Agreement. VI. PROCUREMENT In accordance with the Interlocal Cooperation Act, it is mutually agreed that all parties hereto shall conduct all procurements and award all contracts necessary to this Agreement in accordance with federal and state laws and regulations, including Federal Transit Administration Circular 4220.1 D, if federal funds are used to execute procurement and award of services. 4 VII. LEGAL CONSTRUCTION In case any one or more provisions contained in this Agreement shall for any reason be held to be unconstitutional, void, or invalid, illegal or unenforceable in any respect, such unconstitutionality, invalidity, illegality or unenforceability shall not affect the remaining portions of the Agreement; and this Agreement shall be construed as if such unconstitutional, void, or invalid, illegal or unenforceable provision had never been contained herein. VIII. LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas. It is expressly understood that any lawsuit or litigation arising out of or relating to this Agreement will take place in Travis County, Texas. IX. NON-DISCRIMINATION It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). X. INTERPRETATION OF LAWS AND AUTHORITIES A. CAMPO and/or CITY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into support of the contract work. B. In the event any disagreement or dispute should arise between CAMPO and CITY - pertaining to the interpretation or meaning of any part of this Agreement or its governing rules, codes, laws, ordinances or regulations, concerning the work performed hereunder in support of the transportation planning process, this Agreement shall be governed by the laws of the State of Texas. XI. ALTERNATION,AMENDMENT, OR MODIFICATION A. This Agreement may not be altered, amended, or modified except in writing and approved by both parties. B. This Agreement constitutes the entire Agreement between CAMPO and CITY. No other agreement, statement or promise relating to the subject matter of this Agreement that is not contained in the Agreement is valid or binding 5 WHEREFORE,premises considered,this INTERLOCAL AGREEMENT is executed; and Approved to be effective on the date of the last party to sign. CITY OF ROUND ROCK CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION By: By: James R. Nuse, P.E. City Manager of Round Rock Date: Date: Approved as to form: ATTEST: By: By: Title: Title: i P 6 ATTACHMENT A SCOPE OF SERVICES AND FUNDING AMOUNT 1. Provide local match funding for FY 08 STP-MM programs to improve modeling and forecast in the five counties region (Bastrop, Caldwell, Hays, Travis and Williamson Counties) in the amount$4,000.00. The funds will be used to cover the following: • Adjustments of the modeling network to better represent the roadway configuration on the ground • Adjustments of the traffic serial zone boundaries due to the modeling network changes made in the previous subtask 7 DATE: January 17, 2008 SUBJECT: City Council Meeting - January 24, 2008 ITEM: 10E3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Capital Area Metropolitan Planning Organization for Fiscal Year 2008. Department: Transportation Services Staff Person: Thomas G. Martin, P.E., Director of Transportation Services Justification: In accordance with federal law, CAMPO must receive a non-federal (local) match of at least 20% to continue the federally funded Surface Transportation Program - Metropolitan Mobility programs in Fiscal Year 2008. The City is an integral part of the CAMPO planning area. The region-wide transportation planning services provided by CAMPO benefits the City and the entire central Texas region. Funding: Cost: $4,000.00 Source of funds: General Fund Outside Resources: Capital Area Metropolitan Planning Organization (CAMPO) Background Information• The funds will provide the City's portion of the local match for the Modeling Improvements program. The FY 08 program includes enhancing the five county Austin-Round Rock Metropolitan Statistical Area modeling capabilities by adjusting the modeling network to better represent the actual roadway network on the ground, and adjustments to the Traffic Serial Zone boundaries to reflect these changes in the modeling network. The enhanced model will be used to forecast travel demand for the CAMPO 2035 Metropolitan Transportation Plan (Long Range Plan). Public Comment: N/A EXECUTED DOCUMENT FOLLOWS INTERLOCAL AGREEMENT BETWEEN THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION AND THE CITY OF ROUND ROCK THIS INTERLOCAL AGREEMENT ("Agreement") is made by and between the CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION,a metropolitan planning organization, hereinafter referred to as "CAMPO" and the CITY OF ROUND ROCK, a local government,hereinafter referred to as the"City." WITNESSETH: WHEREAS, the Governor of the State of Texas has designated the Austin Urban Transportation Study acting through its Transportation Policy Board to be the Metropolitan Planning Organization (MPO)for the Austin urbanized area(s); and WHEREAS, 23 USC Section and USC Section 5301 et seq. require that MPOs, in cooperation with the State of Texas, Texas Department of Transportation and transit agencies, develop transportation plans and programs for urbanized areas of the State; and WHEREAS, metropolitan planning (PL) funds, and other federal transportation funds that may be used for planning and 49 USC Section 5303 funds for authorized activities may be used in conjunction with work conducted under the terms of this Agreement; and WHEREAS, the CAMPO Transportation Policy Board, as the MPO on July 12, 2005 authorized the Executive Director to sign a contract or an Agreement for cooperation between CAMPO and CITY, and WHEREAS, CITY provides transit services and transportation planning throughout its service area including a portion of the CAMPO planning area; and WHEREAS, CITY desires to coordinate programs and activities to provide a more efficient and synergistic operation with CAMPO on region-wide transportation issues; and WHEREAS, CITY in working closely on transportation-related issues has offered to participate and assist in the development of several Congestion Management related projects by providing matching funding and other resources as required by the CAMPO and member entities. NOW,THEREFORE,BE IT RESOLVED in consideration of the mutual covenants and promises made by the parties, CAMPO and CITY hereby agree as follows: 'iZ.--v$-UI-24-(0F. 1 I. OBLIGATIONS OF CAMPO A. CAMPO will retain and manage consultants and/or staff through a collaborative process to implement listed services in Attachment A - Scope of Services. B. Authorize and allow CAMPO to transfer data and other information related to services provided by CITY in its service area. C. CAMPO agrees to indemnify CITY for any amounts to which the CITY may become liable because of the action or omission of CAMPO employees or its consultants arising out of, or in connection with, the performance of this Agreement. U. OBLIGATIONS OF CITY A. CITY shall reimburse CAMPO an amount not to exceed $4,000.00 to cover consulting and/or staff services listed in Attachment A - Scope of Services, upon presentation of a detailed invoice to CITY outlining each cost along with technical documents and staff progress reports. B. CITY agrees to indemnify CAMPO for any amounts to which CAMPO may become liable because of the action or omission of CITY employees arising out of, or in connection with the performance of this Agreement. C. Provide coordination of transportation activities throughout its service area including consistent and available information to CAMPO. 2 III• TERM and TERMINATION A. Term of this Agreement is effective on the day both parties agree and sign and ends September 30, 2008, or sooner, by mutual agreement of both parties unless previously terminated pursuant to Section III.B. to this Agreement. B. If either party defaults in the performance of any - terms or conditions of this Agreement, the defaulting party shall have 30 days after receipt of written notice of such default within which to cure such default. If such default is not cured within such period of time,then the offended party shall have the right without further notice to terminate this Agreement. C. This Agreement may be terminated, in whole or in part, by either party whenever such termination is found to be in the best interest of either party. Either party shall provide written notification to the other party at least thirty (30) days in advance of the effective date of the termination. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the appropriate party at the following address: If to CAMPO: CAMPO Transportation Policy Board Post Office Box 1088 C/O CAMPO Office Austin, Texas 78767 with a copy to: Dr. Chen Yang Post Office Box 1088 Austin, Texas 78767 If to CITY: Tom Word City of Round Rock Public Works Operations 2008 Enterprise Drive Round Rock, TX 78664 3 IV.RESTRICTION ON LOBBYING In accordance with 31 USC Section 1352, CAMPO and CITY hereby certify that no Federal appropriated funds have been or will be paid by or on behalf of CAMPO and/or CITY to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, grant, loan, or cooperative agreement, CAMPO and/or CITY shall complete and submit standard form-LLL, "Disclosure Form to Report Lobbying", accordance with it instructions. CAMPO and/or CITY shall require that the language of this certification be included in the award documents for all sub-awards at all tiers and that all subcontractors shall certify and disclose accordingly. CAMPO and/or CITY and its subcontractors shall require that the language of this certification be included in any subcontract exceeding $100,000 by any tier in that any such subcontractor shall certify and disclose accordingly. V. INSPECTION OF WORD AND RETENTION OF DOCUMENTS A. CAMPO and/or CITY, when federal funds are involved, shall grant the U.S. Department of Transportation, the Texas Department of Transportation and any authorized representative thereof, the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. B. All records or materials required by or produced under this Agreement, including records produced by any subcontractor to CAMPO and/or CITY, shall be maintained for at least three (3) years after CAMPO and/or CITY payment under,this Agreement or the termination or expiration of this Agreement. VI. PROCUREMENT In accordance with the Interlocal Cooperation Act, it is mutually agreed that all parties hereto shall conduct all procurements and award all contracts necessary to this Agreement in accordance with federal and state laws and regulations, including Federal Transit Administration Circular 4220.1 D, if federal funds are used to execute procurement and award of services. 4 VII. LEGAL CONSTRUCTION In case any one or more provisions contained in this Agreement shall for any reason be held to be unconstitutional, void, or invalid,illegal or unenforceable in any respect, such unconstitutionality, invalidity, illegality or unenforceability shall not affect the remaining portions of the Agreement; and this Agreement shall be construed as if such unconstitutional void, or invalid, illegal or unenforceable provision had never been contained herein. VIII. LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas. It is expresslyderstood that any lawsuit or litigation arising out of or relating to this Agreement will take place in Travis un County, Texas. IX.NON-DISCRIAMATION It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate Title VI of the Civil Rights Act of 1964, Title 23, Code of Federal Regulations, Part 710.405(b), and Executive Order 112 titled "Equal Employment 246 q p yment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR Part 60). X. IN'T'ERPRETATION OF LAWS AND AUTHORITIES A. CAMPO and/or CITY shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered into support of the contract work. B. In the event any disagreement or dispute should arise between CAMPO and CITY - pertaining to the interpretation or meaning of an rules, codes, laws, ordinances or regulations concerningpof this Agreement or its governing the work performed hereunder in support of the transportation planning process, this Agreement shall be governed by the laws of the State of Texas. M. ALTERNATION,AMENDMENT, OR MODIFICATION A. This Agreement may not be altered, amended, or modified except in writing and a roved b both parties. pp Y B. This Agreement constitutes the entire Agreement between CAMPO and CITY. No other agreement, statement or promise relating to the subject matter of this Agreement that is not contained in the Agreement is valid or binding 5 WHEREFORE,premises considered, this INTERLOCAL AGREEMENT is executed; and Approved to be effective on the date of the last party to sign. CITY CK 1 CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION By: By: es . use,P.E. N y 14 lL Date: •2T •vo Date: Approved as to fo ATTEST: By: L. By. Title: ( e Title: ' E 6 ATTACHMENT A SCOPE OF SERVICES AND FUNDING AMOUNT 1. Provide local match funding for FY 08 STP-MM programs to improve modeling and forecast in the five counties region (Bastrop, Caldwell, Hays, Travis and Williamson Counties)in the amount$4,000.00. The funds will be used to cover the following: • Adjustments of the modeling network to better represent the roadway configuration on the ground • Adjustments of the traffic serial zone boundaries due to the modeling network changes made in the previous subtask 7