R-2015-2381 - 4/9/2015 RESOLUTION NO. R-2015-2381
WHEREAS, the Capital Metropolitan Transportation Authority ("Capital Metro") is the
designated recipient of Section 5307 Program funding apportioned by the Federal Transit
Administration("FTA") for the Austin urbanized area; and
WHEREAS, the City of Round Rock ("City") is a non-member city of the Austin urbanized
area, and the City desires to use its share of the Austin Urbanized Area Section 5307 funding to
support the planning, capital development and operation of transit services for the Round Rock
community; and
WHEREAS, the City and Capital Metro wish to enter into a Memorandum of Understanding
to outline their mutual intent and understanding with respect to Capital Metro's authorization of City
as a direct recipient of FTA Section 5307 Program Funds,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 a
Memorandum of Understanding with the Capital Metropolitan Transportation Authority, a copy of
same being attached hereto as Exhibit"A" and incorporated herein.
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 9th day of April, 2015.
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
SARA L. WHITE, City Clerk
0112.1504;00332014
EXHIBIT
„A„
Memorandum of Understanding between the
Capital Metropolitan Transportation Authority and the City of Round Rock
Regarding the Provision of Federal Transit Administration
Section 5307 Program Funds
This Memorandum of Understanding ("MOU")regarding the provision of Federal Transit
Administration Section 5307 Program Funds is executed by and between the City of Round
Rock ("City") a local government public entity and the Capital Metropolitan
Transportation Authority (Capital Metro) a transportation authority and political
subdivision organized under Chapter 451 of the Texas Transportation Code, collectively
referred to as "the Parties." Accordingly, the Parties set forth their intent and
understandings as follows:
I. PURPOSE
Capital Metro is the Designated Recipient of Section 5307 Program funding apportioned
by the Federal Transit Administration (FTA) for the Austin urbanized area. This MOU
outlines the Parties' mutual intent and understanding with respect to Capital Metro's
authorization of City as a direct recipient of FTA Section 5307 Program Funds. City and
Capital Metro agree to work cooperatively and in good faith in the manner set forth herein.
II. KEY TERMS
A. The Parties Mutually Agree:
1. To comply with the requirements of the Urbanized Area Formula Funding Program
(49 U.S.C. 5307);
2. Since City is not a member city of the Capital Metro transit system, City would like
to become a direct recipient of a share of the Section 5307 Program funding
apportioned to Austin urbanized area.
3. During the term of this MOU, City is authorized to apply for a share of Section
5307 Program funds apportioned and distributed to Capital Metro, as Designated
Recipient for the Austin urbanized area, based upon the distribution formula
established by the FTA for Section 5307 Apportionment Formula Distribution of
Available Funds during FTA fiscal years 2015 and 2016.
4. The distribution of any amounts payable to City as a Direct Recipient is contingent
upon the successful apportionment and distribution of Section 5307 funds to
Capital Metro as the Designated Recipient for the Austin urbanized area for FTA
Fiscal Years 2015 and 2016. If the FTA does not apportion or distribute Section
5307 funds to Capital Metro as the Designated Recipient, City will not be eligible
to receive funds as a direct recipient. If the FTA reduces the amount of Section
5307 funds available to Capital Metro as the Designated Recipient, City's share of
funding will be based upon the reduced amount. Capital Metro will not be liable to
City for any damages, which are caused or associated with any FTA changes to the
amounts apportioned or distributed to the Austin urbanized area under the Section
5307.
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CMTA/Round Rock MOU
5307 Funds—FY 2015-2016
5. Capital Metro is not obligated to provide any technical assistance or technical
support to City beyond the requirements of FTA Circular FTA C 9030.1D.
6. City's designation as a direct recipient requires the approval by the Capital Metro
Board of Directors, and the Round Rock City Council.
B. Capital Metro Responsibility:
1. Capital Metro will remain the Designated Recipient of Section 5307 Program funds
apportioned by the FTA for the Austin urbanized area;
2. Capital Metro authorizes City to be a direct recipient of a share of the Section 5307
Program funds apportioned to the Austin urbanized area based on the distribution
formula establishedestablished by the FTA for Section 5307 Apportionment
Formula Distribution of Available Funds during FTA fiscal years 2015 and 2016;
and
3. Capital Metro's authorizes this designation once to include all grant applications
for Section 5307 funds submitted by City to FTA during the term of this MOU.
C. Round Rock Responsibility:
1. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
2. As a Direct Recipient, City will use Section 5307 funds to support the planning,
capital development and operation of transit services for the Round Rock
community; and
3. City shall comply with all provisions of FTA Circular FTA C 9030.1D, Urbanized
Area Formula Funding Program: Program Guidance and Application Instructions,
Chapter IV, Section 2, Applicants Other than Designated Recipients (Circular),
including but not limited to providing its local share of matching;
4. City shall comply with all applicable requirements set forth in state or federal law,
regulations, policies, and administrative practices.
III. TERM OF MOU
This MOU will be executed and effective as of the date of the last Party to sign (the
"Execution Date") and expire on the last day of the FTA Fiscal year for 2016. The parties
may mutually agree, in writing, to extend this MOU. This MOU may be terminated or
modified by written notice of both parties. In the event that either party shall be in default
of its material obligations under this Agreement and shall fail to remedy such default within
thirty (30) days after receipt of written notice thereof, this MOU may be terminated at the
option of the party not in default upon expiration of the thirty(30)day period. This writing
constitutes the entire MOA between Capital Metro and City. No other terms and conditions
are applicable, unless amended and agreed to by both parties.
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CMTA/Round Rock MOU
5307 Funds—FY 2015-2016
IV. INCORPORATION OF DOCUMENTS
This MOU incorporates by reference the following attachments:
A. Attachment A, resolution of the Capital Metro Board of Directors approving this
MOU.
B. Attachment B, Resolution of the Round Rock City Council approving this MOU.
V. SIGNATORY
This MOU is hereby accepted and agreed to by the following individuals or officers who
are duly authorized to bind the Parties as set forth above:
Capital Metropolitan City of Round Rock
Transportation Authority
By: By:
Linda S. Watson Name:
President/CEO Title:
Date: Date:
Approved as to form:
CMTA Legal Department
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CMTA/Round Rock MOU
5307 Funds—FY 2015-2016