R-08-11-13-12D2 - 11/13/2008RESOLUTION NO. R -08-11-13-12D2
WHEREAS, the City of Round Rock has previously entered into
an Interlocal Agreement with the Capital Metropolitan Transit
Authority (the "CMTA") for the purpose of supporting coordinated
transit services for the greater Round Rock area, and
WHEREAS, the City now desires to enter into Amendment No. 1 to
the Interlocal Agreement to extend the Agreement through September
30, 2010 and to provide for additional provisions, 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 Amendment No. 1 to the Interlocal Agreement with
the CMTA, 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 13th day of November, 2008.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Vtt L . KerAke
SARA L. WHITE, City Secretary
O:\WDOX\RESOLUTI\R81113D2.DOC/rmc
INTERLOCAL AGREEMENT
AMENDMENT #1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
EXHIBIT
a
a
a "An
This AMENDMENT #1 to an existing INTERLOCAL AGREEMENT,
executed on April 15, 2005, between the CAPITAL METROPOLITAN TRANSIT
AUTHORITY (the "CMTA"), an entity created pursuant to Texas statutes, and the CITY
OF ROUND ROCK, TEXAS (the "City"), a home -rule municipality which is a political
subdivision of the state of Texas, is for the purpose of supporting coordinated transit
services for the greater Round Rock area.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, entitled the "Texas
Interlocal Cooperation Act," provides that any one or more public agencies may contract
with each other for the performance of governmental functions or services for the
promotion and protection of the health and welfare of the inhabitants of this state and the
mutual benefit of the parties; and
WHEREAS, the CMTA has been working with the City on creating a
comprehensive mobility strategy to assist the citizens of Round Rock in obtaining
effective public transportation services; and
WHEREAS, the City has made significant progress on expanding its demand
response services to a broader cross section of the community with the assistance of
Federal Transit Administration (FTA) Section 5307 funding provided through the
existing Interlocal Agreement between the parties; and
1
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
WHEREAS, the City has completed operating plans for the initiation of express
commuter services to interface with CMTA's existing park and ride service and future
commuter rail service; and
WHEREAS, the City has been awarded federal Job Access Reverse Commute
(JARC) funding to assist in the transport of employees, of major employers in the Round
rock area, to their employment utilizing CMTA's existing service combined with a local
transit distribution system; and,
WHEREAS, the City desires to initiate local fixed route transit services to
provide greater mobility to the downtown Round Rock area; and
WHEREAS, the City has established itself as an independent FTA grantee for
the provision of transit services and construction of transit facilities; and
WHEREAS, the City has initiated design of the downtown intermodal
transit/parking facility to assist in the regional expansion of transit services; and
WHEREAS, the rising cost of gasoline has increased the need for additional and
better coordinated transit services;
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein contained, the CMTA and the City agree as follows:
I
FINDINGS
The recitals set forth above are incorporated herein for all purposes and are found
by the parties to be true and correct. It is further found and determined that the CMTA
and the City have authorized and approved this Amendment #1 to the Interlocal
Agreement by resolution or appropriate order duly adopted by their respective bodies,
and that this Interlocal Agreement shall be in full force and effect when approved by each
party.
2
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
II
CONTRACTUAL ACTIONS AND AGREEMENTS
1. This Amendatory Agreement extends the existing Interlocal Agreement through
September 30, 2010 to cover the FY 2009 and FY 2010 period.
2. The CMTA will provide the City a maximum of $900,000 of FTA Section 5307
funding, to be utilized to support the following services and/or capital
improvements, to be reimbursed by the CMTA at the following reimbursement
rates, or made available to the City to be programmed directly through the City's
existing capacity as an additionally named FTA grantee.
a. The provision of demand response transportation services, provided
through the Capital Area Rural Transit System (CARTS), or other
qualified provider, at a reimbursement rate of 40% of total operating
costs;
b. The provision of local fixed route and complimentary ADA paratransit
services at a reimbursement rate of 80% of total operating costs;
c. The provision of transportation planning and design services, to support
the City's ongoing transit development program, at a rate of
80% of total costs;
d. To support the City's continued development of a downtown inter-
modal transit/parking facility.
To obtain such Section 5307 funding, the City shall provide monthly invoices to
the CMTA which delineate the services provided (i.e. revenue hours, ridership)
and total cost. The CMTA shall then provide the City with the maximum eligible
Section 5307 monies within thirty (30) days of receipt of invoice.
3. The City and CMTA agree that, subject to passage of a new federal transportation
authorizing bill, the City's pro -rata share of FTA Section 5307 funding will
change. Accordingly, the City and CMTA agree that in this event, a new multi -
3
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
year projection of FTA Section 5307 funding, available for use by the City, will
be negotiated.
4. The City agrees to expend all federal funding provided to it, through the CMTA's
Austin Urbanized Area Section 5307 allocation, in a manner consistent with and
in compliance with federal regulations.
5. The City of Round Rock will provide the CMTA FTA Certifications and
Assurances which confirms the City of Round Rock has the legal, technical and
financial capacity to undertake responsibilities associated with Section 5307
funding.
6. The City shall hold the CMTA harmless and indemnify the CMTA for any
liability, lawsuits, and other actions that may arise due to the federal financial
support to be provided herein.
7. It is expressly understood should ever the City "opt" into the CMTA service area,
this agreement will be null and void and CMTA will absorb all existing transit
services within the City's system.
III
GENERAL AND MISCELLANEOUS
1. Term and Termination. This Amendatory Agreement shall continue in force
and effect for twenty-four (24) months after the effective date hereof.
2. Prior Written Agreements. This Amendatory Agreement is made without
regard to any and all prior written or oral contracts or agreements between the CMTA
and the City regarding this or any other subject matter, and this Amendatory Agreement
does not modify, amend, ratify, confirm or renew any prior contracts or agreements
between the parties.
3. Other Services. Nothing in this Amendatory Agreement shall be deemed to
create, by implication or otherwise, any duty or responsibility of either of the parties to
undertake or not to undertake any other service, or to provide or not to provide any
service, except as specifically set forth in this Amendatory Agreement or in a separate
written instrument executed by both parties.
4
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
4. Governmental Immunity. Nothing in this Amendatory Agreement shall be
deemed to waive, modify or amend any legal defense available at law or in equity to
either of the parties nor to create any legal rights or claims on behalf of any third party.
Neither the CMTA nor the City waives, modifies, or alters to any extent whatsoever the
availability of the defense of governmental immunity under the laws of the state of Texas
and of the United States.
5. Amendments and Modifications. This Amendatory Agreement may not be
amended or modified except in writing and executed by both the CMTA and the City,
and authorized by their respective governing bodies.
6. Severability. If any provision of this Amendatory Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, but rather this entire
Amendatory Agreement will be construed as if not containing the particular invalid or
unenforceable provision(s), and the rights and obligations of the parties shall be
construed and enforced in accordance therewith. The parties acknowledge that if any
provision of this Amendatory Agreement is determined to be invalid or unenforceable, it
is their desire and intention that such provision be reformed and construed in such a
manner that it will, to the maximum extent practicable, give effect to the intent of this
Amendatory Agreement and be deemed to be validated and enforceable.
7. Execution in Counterparts. This Amendatory Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and
all of which shall be considered fully executed as of the date when all parties have
executed an identical counterpart, notwithstanding that all signatures may not appear on
the same counterpart.
IN WITNESS WHEREOF, the parties have executed and attested to this
Amendatory Agreement by their officers duly authorized.
5
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
CAPITAL METROPOLITAN TRANSIT AUTHORITY (CMTA)
By:
Printed Name:
Title:
Date:
ATTEST:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date:
ATTEST:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
6
RR CMTA Inter -local Agreement Revised Oct. 66, 2008
DATE: November 6, 2008
SUBJECT: City Council Meeting — November 13, 2008
ITEM: 12D2. Consider a resolution adopting an amendment to the Interlocal
Agreement between the City of Round Rock and the Capital
Metropolitan Transit Authority.
Department: Finance Department
Staff Person: Cheryl Delaney, Assistant Finance Director
Tom Word, P.E., Chief of Public Works Operations
Justification:
This amendment extends the existing interlocal agreement (ILA) through September 30, 2010.
The amendment includes provisions for the City to receive Federal reimbursement for demand
response, fixed route and complementary Americans with Disabilities Act paratransit service,
public transportation planning and design services and development of the downtown
intermodal transit/parking facility.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
Capital Metropolitan Transit Authority
Background Information:
The City and the Capital Metropolitan Transit Authority entered into an ILA in 2005, which set
forth the terms by which the City of Round Rock could access Federal Transit Authority Section
5307 funding.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT
AMENDMENT #1
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
This AMENDMENT #1 to an existing INTERLOCAL AGREEMENT,
executed on April 15, 2005, between the CAPITAL METROPOLITAN TRANSIT
AUTHORITY (the "CMTA"), an entity created pursuant to Texas statutes, and the CITY
OF ROUND ROCK, TEXAS (the "City"), a home -rule municipality which is a political
subdivision of the state of Texas, is for the purpose of supporting coordinated transit
services for the greater Round Rock area.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, entitled the "Texas
Interlocal Cooperation Act," provides that any one or more public agencies may contract
with each other for the performance of governmental functions or services for the
promotion and protection of the health and welfare of the inhabitants of this state and the
mutual benefit of the parties; and
WHEREAS, the CMTA has been working with the City on creating a
comprehensive mobility strategy to assist the citizens of Round Rock in obtaining
effective public transportation services; and
WHEREAS, the City has made significant progress on expanding its demand
response services to a broader cross section of the community with the assistance of
Federal Transit Administration (FTA) Section 5307 funding provided through the
existing Interlocal Agreement between the parties; and
1
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
11-13-11-D2-
WHEREAS, the City has completed operating plans for the initiation of express
commuter services to interface with CMTA's existing park and ride service and future
commuter rail service; and
WHEREAS, the City has been awarded federal Job Access Reverse Commute
(JARC) funding to assist in the transport of employees, of major employers in the Round
rock area, to their employment utilizing CMTA's existing service combined with a local
transit distribution system; and,
WHEREAS, the City desires to initiate local fixed route transit services to
provide greater mobility to the downtown Round Rock area; and
WHEREAS, the City has established itself as an independent FTA grantee for
the provision of transit services and construction of transit facilities; and
WHEREAS, the City has initiated design of the downtown intermodal
transit/parking facility to assist in the regional expansion of transit services; and
WHEREAS, the rising cost of gasoline has increased the need for additional and
better coordinated transit services;
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein contained, the CMTA and the City agree as follows:
I
FINDINGS
The recitals set forth above are incorporated herein for all purposes and are found
by the parties to be true and correct. It is further found and determined that the CMTA
and the City have authorized and approved this Amendment #1 to the Interlocal
Agreement by resolution or appropriate order duly adopted by their respective bodies,
and that this Interlocal Agreement shall be in full force and effect when approved by each
party.
2
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
II
CONTRACTUAL ACTIONS AND AGREEMENTS
1. This Amendatory Agreement extends the existing Interlocal Agreement through
September 30, 2010 to cover the FY 2009 and FY 2010 period.
2. The CMTA will provide the City a maximum of $900,000 of FTA Section 5307
funding, to be utilized to support the following services and/or capital
improvements, to be reimbursed by the CMTA at the following reimbursement
rates, or made available to the City to be programmed directly through the City's
existing capacity as an additionally named FTA grantee.
a. The provision of demand response transportation services, provided
through the Capital Area Rural Transit System (CARTS), or other
qualified provider, at a reimbursement rate of 40% of total operating
costs;
b. The provision of local fixed route and complimentary ADA paratransit
services at a reimbursement rate of 80% of total operating costs;
c. The provision of transportation planning and design services, to support
the City's ongoing transit development program, at a rate of
80% of total costs;
d. To support the City's continued development of a downtown inter-
modal transit/parking facility.
To obtain such Section 5307 funding, the City shall provide monthly invoices to
the CMTA which delineate the services provided (i.e. revenue hours, ridership)
and total cost. The CMTA shall then provide the City with the maximum eligible
Section 5307 monies within thirty (30) days of receipt of invoice.
3. The City and CMTA agree that, subject to passage of a new federal transportation
authorizing bill, the City's pro -rata share of FTA Section 5307 funding will
change. Accordingly, the City and CMTA agree that in this event, a new multi -
3
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
year projection of FTA Section 5307 funding, available for use by the City, will
be negotiated.
4. The City agrees to expend all federal funding provided to it, through the CMTA's
Austin Urbanized Area Section 5307 allocation, in a manner consistent with and
in compliance with federal regulations.
5. The City of Round Rock will provide the CMTA FTA Certifications and
Assurances which confirms the City of Round Rock has the legal, technical and
financial capacity to undertake responsibilities associated with Section 5307
funding.
6. The City shall hold the CMTA harmless and indemnify the CMTA for any
liability, lawsuits, and other actions that may arise due to the federal financial
support to be provided herein.
7. It is expressly understood should ever the City "opt" into the CMTA service area,
this agreement will be null and void and CMTA will absorb all existing transit
services within the City's system.
III
GENERAL AND MISCELLANEOUS
1. Term and Termination. This Amendatory Agreement shall continue in force
and effect for twenty-four (24) months after the effective date hereof.
2. Prior Written Agreements. This Amendatory Agreement is made without
regard to any and all prior written or oral contracts or agreements between the CMTA
and the City regarding this or any other subject matter, and this Amendatory Agreement
does not modify, amend, ratify, confirm or renew any prior contracts or agreements
between the parties.
3. Other Services. Nothing in this Amendatory Agreement shall be deemed to
create, by implication or otherwise, any duty or responsibility of either of the parties to
undertake or not to undertake any other service, or to provide or not to provide any
service, except as specifically set forth in this Amendatory Agreement or in a separate
written instrument executed by both parties.
4
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
4. Governmental Immunity. Nothing in this Amendatory Agreement shall be
deemed to waive, modify or amend any legal defense available at law or in equity to
either of the parties nor to create any legal rights or claims on behalf of any third party.
Neither the CMTA nor the City waives, modifies, or alters to any extent whatsoever the
availability of the defense of governmental immunity under the laws of the state of Texas
and of the United States.
5. Amendments and Modifications. This Amendatory Agreement may not be
amended or modified except in writing and executed by both the CMTA and the City,
and authorized by their respective governing bodies.
6. Severability. If any provision of this Amendatory Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, but rather this entire
Amendatory Agreement will be construed as if not containing the particular invalid or
unenforceable provision(s), and the rights and obligations of the parties shall be
construed and enforced in accordance therewith. The parties acknowledge that if any
provision of this Amendatory Agreement is determined to be invalid or unenforceable, it
is their desire and intention that such provision be reformed and construed in such a
manner that it will, to the maximum extent practicable, give effect to the intent of this
Amendatory Agreement and be deemed to be validated and enforceable.
7. Execution in Counterparts. This Amendatory Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and
all of which shall be considered fully executed as of the date when all parties have
executed an identical counterpart, notwithstanding that all signatures may not appear on
the same counterpart.
IN WITNESS WHEREOF, the parties have executed and attested to this
Amendatory Agreement by their officers duly authorized.
5
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008
CAPITAL METROPOLITAN TRANSIT AUTHORITY (CMTA)
By:
Printed Name:
Title:
Date:
i/Z ),0 )15;
ATTEST:
CITY OF ROUND ROCK, TEXAS
t 1
By: .�
Printed Name: ALA /4.) /tie & rZ .4L3
Title: /t...#1 02
Date: t( (j (JRa
ATTEST:
tviti1 . u,GobZ
Sara L. White, City Secretary
ITY, APP
411111
tk
Step 1 L. Sheets, City Attorney
VED AS TO FORM:
6
RR CMTA Inter -local Agreement Revised Oct. 6th, 2008