R-10-01-14-8D3 - 1/14/2010RESOLUTION NO. R -10-O 1-14-8D3
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 Funding for FY 2010
STP -MM Programs, 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 14th day of January, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\1005\MUNICIPAL\00179624.DOC/rmc
INTERLOCAL AGREEMENT BETWEEN
CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION (CAMPO)
AND
THE CITY OF ROUND ROCK, TEXAS
For
LOCAL MATCH FUNDING FY2010 STP -MM PROGRAMS
EXHIBIT
„A„
„A„
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" pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code.
WITNESSETH:
WHEREAS, the Governor of the State of Texas has designated CAMPO (formerly the
Austin Transportation Study) acting through its Transportation Policy Board to be the
Metropolitan Planning Organization (MPO) for the Austin urbanized area(s); and
WHEREAS, CAMPO is the designated lead agency for the region's Metropolitan
Planning process; and
WHEREAS, CAMPO Transportation Policy Board, as the MPO on November 9, 2009
authorized the Executive Director to sign an interlocal Agreement; and
WHEREAS, The CITY provides transit services and transportation planning throughout
its service area including a portion of the CAMPO planning area; and
WHEREAS, The CITY desires to coordinate programs and activities to provide a more
efficient and synergistic operation with CAMPO on region -wide transportation issues; and
WHEREAS, The CITY in working closely on transportation related issues has offered to
participate and assist in the development of several regional programs by providing a matching
funding and other resources as requested by CAMPO.
NOW, THEREFORE, BE IT RESOLVED in consideration of the mutual covenants and
promises made by the parties, CAMPO and CITY hereby agree as follows:
I. OBLIGATIONS OF THE CITY
A. The CITY shall provide CAMPO a local match with an amount not to exceed $8,000.00 to
cover consulting and/or staff services listed in Attachment A — Scope of Services, upon
presentation of a detailed invoice to the CITY outlining each cost along with technical
documents and staff progress reports.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
1 of 6
B. Invoices shall be mailed to the below address:
C. The 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.
D. The City will provide coordination of transportation activities throughout its service area
including consistent and available information to CAMPO.
I1. 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 the City in its service area.
C. CAMPO agrees to indemnify the 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.
III. TERM and TERMINATION
A. This Agreement is effective on the date of the last party to sign and ends September 30,
2010, or sooner, by mutual agreement of both parties unless previously terminated pursuant
to Section III.B. of 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. The Agreement may be amended only by an agreement in writing signed by the parties
hereto. All prior of contemporaneous understandings and agreements related to the subject
matter hereof are merged herein.
D. 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:
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
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THE CITY OF ROUND ROCK
Title:
Transportation Planner
Attn:
John Dean
Address:
212 Commerce
City, State, Zip Code
Round Rock, Texas 78664
C. The 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.
D. The City will provide coordination of transportation activities throughout its service area
including consistent and available information to CAMPO.
I1. 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 the City in its service area.
C. CAMPO agrees to indemnify the 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.
III. TERM and TERMINATION
A. This Agreement is effective on the date of the last party to sign and ends September 30,
2010, or sooner, by mutual agreement of both parties unless previously terminated pursuant
to Section III.B. of 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. The Agreement may be amended only by an agreement in writing signed by the parties
hereto. All prior of contemporaneous understandings and agreements related to the subject
matter hereof are merged herein.
D. 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:
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
2 of 6
If to CAMPO:
with a copy to:
If to the City:
with a copy to:
Joseph Cantalupo, AICP
Executive Director
CAMPO
Post Office Box 1088
Austin, Texas 78767
Franklin V. Fejarang
Financial Consultant
CAMPO
Post Office Box 1088
Austin, Texas 78767
James R. Nuse, P.E.,
City Manager City Manager
The City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Stephan L. Sheets
City Attorney
309 E Main Street
Round Rock, Texas 78664
IV. RESTRICTION ON LOBBYING
In accordance with 31 USC Section 1352, CAMPO and the CITY hereby certify that no Federal
appropriated funds have been or will be paid by or on behalf of CAMPO and/or the 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 the CITY shall complete and submit standard form -LLL, "Disclosure Form to
Report Lobbying", in accordance with it instructions. CAMPO and/or the 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 the 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 the 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
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
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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 the CITY, shall be maintained for at least
four (4) years after CAMPO and/or the 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.
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, and venue shall lie in the
state courts of 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 the CITY shall be responsible for the settlement of all contractual and
administrative issues arising out of procurement entered into in support of the contract work.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
4 of 6
XI. ALTERATION, AMENDMENT, OR MODIFICATION
A. This Agreement may not be altered, amended, or modified except in writing and any
alterations, amendments, or modifications must be approved by both parties.
B. This Agreement constitutes the entire Agreement between CAMPO and the 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
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, TEXAS CAPITAL AREA METROPOLITAN
PLANNING ORGANIZATION
By: By:
James R. Nuse, P.E., City Manager Joseph Cantalupo, AICP
Executive Director
Date: Date:
Approved as to form:
ATTEST:
By:
Title:
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
By: Franklin V. Fejarang
Title: Financial Consultant
5 of 6
ATTACHMENT A
SCOPE OF SERVICES AND FUNDING AMOUNT
1.0 Provide local match funding for FY2010 STP -MM programs for regional area
projects in the amount of $8,000.00.
2.0 The funds will be used to cover the following programs:
• air quality outreach programs to help keep region in attainment for national air
quality standards; and
• improvements to the travel demand model to help justify requests for
discretionary highway and transit funds; and
• for Commute Solutions that will help reduce the use of single occupant
vehicles.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
6 of 6
DATE: January 7, 2010
SUBJECT: City Council Meeting —January 14, 2010
ITEM: 8D3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement
with the Capital Area Metropolitan Planning Organization regarding regional
transportation planning.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, P.E., Chief of Public Works Operations
In accordance with federal law, Capital Area Metropolitan Planning Organization (CAMPO) conducts
regional transportation planning across the five county planning areas, of which the City is an integral
part. Services provided by CAMPO pursuant to their regional transportation planning effort relative to
Round Rock include transportation modeling and public participation. The region -wide transportation
planning services provided by CAMPO benefit the City and the entire central Texas region by helping to
understand future traffic demands on the area roadway network and to obtain public buy -in on planned
transportation improvements.
Strategic Plan Relevance:
21.0 Identify and plan for future connectivity and mobility needs and options
22.0 Foster transportation systems that would support the development of major density centers
26.0 Construct major elements of the transportation and mobility system as approved by Council in the
Master Transportation Plan
Funding:
Cost: $8,000.00
Source of funds: General Fund
Outside Resources (if applicable):
Capital Area Metropolitan Planning Organization (CAMPO)
Public Comment (if applicable):
INTERLOCAL AGREEMENT BETWEEN
CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION (CAMP
AND
THE CITY OF ROUND ROCK, TEXAS
For
LOCAL MATCH FUNDING FY2010 STP -MM PROGRAMS
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" pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code.
r E ! vEI
WITNESSETH:
WHEREAS, the Governor of the State of Texas has designated CAMPO (formerly the
Austin Transportation Study) acting through its Transportation Policy Board to be the
Metropolitan Planning Organization (MPO) for the Austin urbanized area(s); and
WHEREAS, CAMPO is the designated lead agency for the region's Metropolitan
Planning process; and
WHEREAS, CAMPO Transportation Policy Board, as the MPO on November 9, 2009
authorized the Executive Director to sign an interlocal Agreement; and
WHEREAS, The CITY provides transit services and transportation planning throughout
its service area including a portion of the CAMPO planning area; and
WHEREAS, The CITY desires to coordinate programs and activities to provide a more
efficient and synergistic operation with CAMPO on region -wide transportation issues; and
WHEREAS, The CITY in working closely on transportation related issues has offered to
participate and assist in the development of several regional programs by providing a matching
funding and other resources as requested by CAMPO.
NOW, THEREFORE, BE IT RESOLVED in consideration of the mutual covenants and
promises made by the parties, CAMPO and CITY hereby agree as follows:
I. OBLIGATIONS OF THE CITY
A. The CITY shall provide CAMPO a local match with an amount not to exceed 18 000.00 to
cover consulting and/or staff services listed in Attachment A — Scope of Services, upon
presentation of a detailed invoice to the CITY outlining each cost along with technical
documents and staff progress reports.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
1 of 6
B. Invoices shall be mailed to the below address:
Title:
Attn:
Address:
City, State, Z. Code
THE CITY OF ROUND ROCK
Trans.ortation Planner
John Dean
212 Commerce
Round Rock, Texas 78664
C. The 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.
D. The City will provide coordination of transportation activities throughout its service area
including consistent and available information to CAMPO.
II. 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 the City in its service area.
C. CAMPO agrees to indemnify the 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.
III. TERM and TERMINATION
A. This Agreement is effective on the date of the last party to sign and ends September 30,
2010, or sooner, by mutual agreement of both parties unless previously terminated pursuant
to Section III.B. of 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. The Agreement may be amended only by an agreement in writing signed by the parties
hereto. All prior of contemporaneous understandings and agreements related to the subject
matter hereof are merged herein.
D. 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:
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
2 of 6
If to CAMPO:
with a copy to:
If to the City:
Joseph Cantalupo, AICP
Executive Director
CAMPO
Post Office Box 1088
Austin, Texas 78767
Franklin V. Fejarang
Financial Consultant
CAMPO
Post Office Box 1088
Austin, Texas 78767
James R. Nuse, P.E.,
City Manager City Manager
The City of Round Rock
221 East Main Street
Round Rock, Texas 78664
with a copy to: Stephan L. Sheets
City Attorney
309 E Main Street
Round Rock, Texas 78664
IV. RESTRICTION ON LOBBYING
In accordance with 31 USC Section 1352, CAMPO and the CITY hereby certify that no Federal
appropriated funds have been or will be paid by or on behalf of CAMPO and/or the 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 the CITY shall complete and submit standard form -LLL, "Disclosure Form to
Report Lobbying", in accordance with it instructions. CAMPO and/or the CITY shall require that
the language of this certification be included in the award documents for all sub -awards at all
tiers and that aII subcontractors shall certify and disclose accordingly. CAMPO and/or the CITY
and its subcontractors shall require that the language of this certification be included in any
disclose accordingly.
subcontract exceeding $100,000 by any tier in that any such subcontractor shall certify and
V. INSPECTION OF WORK AND RETENTION OF DOCUMENTS
A. CAMPO and/or the 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
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
3 of 6
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 the CITY, shall be maintained for at least
four (4) years after CAMPO and/or the 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.
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, and venue shall lie in the
state courts of 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 the CITY shall be responsible for the settlement of all contractual and
administrative issues arising out of procurement entered into in support of the contract work.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
4 of 6
XI. ALTERATION, AMENDMENT, OR MODIFICATION
A. This Agreement may not be altered amended
or modified except in writing and any
alterations, amendments, or modifications must be a
pproved by both parties.
B. This Agreement constitutes the entire Agreement between CAMPO and the 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
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, TEXAS
CAPITAL AREA M
PLANNING
By:
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Date:) .14• 10
Approved as to forrr`t.
ATTEST:
By:
Title:
Rao
Cit, £ S.0 re -f cc
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
Bv:
Date:
ij POLITAN
ORS: /iiTION
ep Cantalupo, AICP
xecutive Director
By: Franklin V.Feirano
Title: Financial Consultant
5 of 6
1.0
ATTACHMENT A
SCOPE OF SERVICES AND FUNDING AMOUNT
Provide local match funding for FY2010 STP -MM programs for regional area
projects in the amount of RIAgpcig.
2.0 The funds will be used to cover the following programs:
• air quality outreach programs to help keep region in attainment for national air
quality standards; and
• improvements to the travel demand model to help justify requests for
discretionary highway and transit funds; and
• for Commute Solutions that will help reduce the use of single occupant
vehicles.
ROUND ROCK FY2010 LOCAL MATCH INTERLOCAL AGREEMENT
6 of 6