R-10-10-28-10E6 - 10/28/2010RESOLUTION NO. R -10-10-28-10E6
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 Contract with the
Capital Area Rural Transportation System (CARTS) for provision of public transportation services in
Round Rock through September 30, 2011, 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
Contract with the Capital Area Rural Transportation System, 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 28th day of October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
f/141/1,- .In.Pxt{'
SARA L. WHITE, City Secretary
O:Awdox\SCCInts'0112V1005\ MUNICIPAL'00205832.DOGcmc
INTERLOCAL CONTRACT BETWEEN THE CITY OF ROUND ROCK
AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM (CARTS)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
§
§
§
§
KNOW ALL BY THESE PRESENTS:
This INTERLOCAL CONTRACT is made and entered into effective this day of
the month of , 2010, by and between the CAPITAL AREA RURAL
TRANSPORTATION SYSTEM ("CARTS"), an entity created pursuant to Texas statutes, and
the CITY OF ROUND ROCK, TEXAS ("City"), a home -rule municipality which is a political
subdivision of the State of Texas, for the purpose of providing certain public transportation
services for the Round Rock area.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, cited as the "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, CARTS and City are entities with statutory authority to enter into this
Interlocal Contract, and have each entered into this Interlocal Contract by the action of the
respective governing body in the appropriate manner prescribed by law; and
WHEREAS, CARTS and City have determined that the parties find it in their mutual
best interest and in the best interest of the public for the parties to provide certain affordable
public transportation services, and further find that this Interlocal Contract will increase the
efficiency and effectiveness of the parties' provision of those certain public transportation
services; and
WHEREAS, CARTS and City desire to continue to participate in the funding for and
provision of those certain public transportation services:
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the undersigned parties agree as follows:
00200587/jmr
I i
EXHIBIT
facilities, supermarkets, grocery stores and other merchants, post offices, medical
offices, and the like.
B. Coordination with City and other community service providers for the provision
of services to residents of City.
C. Services and the scheduled routes as shown on Exhibit "A" attached hereto and
incorporated herein for all purposes.
All such services shall be provided on a five-day per week basis, Monday through Friday,
excluding only official holidays observed by CARTS. All such services shall be provided with a
four-hour advance notification, if requested.
IV.
PAYMENT BY CITY FOR SERVICES
For proper performance of CARTS contractual obligations delineated in this Interlocal
Contract, City agrees to pay the sum of Fifty and No/100 Dollars ($50.00) per hour of service.
The parties expressly agree that the cost of the services to be provided by CARTS shall
not exceed 6,000 hours per annum, which is based on the equivalent of 3 full-time routes of 24
hours per day and 250 operating days per year, at $50.00 per hour of service, that equating to an
amount not to exceed Three Hundred Thousand and No/100 Dollars ($300,000.00) per annum.
V.
OBLIGATIONS AND RESPONSIBILITIES OF CARTS
In addition to the obligation to provide the services delineated herein in Article III,
CARTS shall have the following contractual obligations and responsibilities:
A. CARTS shall adhere to and follow all applicable rules and laws regarding
Federal Transit Administration Section 5307 funding.
B. CARTS expressly agrees that City shall have the right to adjust fares for CARTS'
services in Round Rock, and CARTS agrees to so adjust fares if, as, and when
instructed to do so by City.
C. CARTS shall not adjust any fare for the residents of City for origins and
destinations within the city limits without the express written approval of City.
City reserves the right to deny any fare adjustments for trips within the city
limits.
D. CARTS expressly agrees that, on any invoices to City, CARTS shall credit City
for fare revenues collected in Round Rock, Texas.
3
E. CARTS expressly agrees that it will adhere to all requirements of Title VI, 1964
Civil Rights Act, and attendant policies.
F. On or before the tenth (10th) day of each month, CARTS shall provide City with
an invoice showing services provided for the previous month, including a credit
to City for all fare revenues collected in Round Rock, Texas.
G. On or before the tenth (10th) day of each month, CARTS shall provide City with
a report outlining trip details, including but not limited to passenger type,
purpose, number of days of service, number of hours of paratransit service
provided, and number of hours of seasonal trips provided (i.e. summer route
hours, afterschool kids hours, etc.).
H. On or before the tenth (10th) day of each month, CARTS shall provide City with
a report outlining the number of complaints received during the month, including
details for the complaint (i.e. service was late, service was inconvenient, etc.).
I. On or before the tenth (10`h) day of each month, CARTS shall provide City with
a report detailing the number of people who were tumed down for service.
J. In consultation with CARTS, the City will continue to develop a plan to
effectively and efficiently provide public transportation services for the residents
of Round Rock.
VI.
OBLIGATIONS AND RESPONSIBILITIES OF CITY
City shall have the following contractual obligations and responsibilities:
A. City agrees to pay CARTS as required by this Interlocal Contract.
B. City agrees to properly notify CARTS of its instructions regarding any fare
adjustment.
C. City shall adhere to and follow all applicable rules and laws regarding Federal
Transit Administration Section 5307 funding.
D. City shall assist with marketing of CARTS' services through utilizing such
venues as City's monthly newsletter, "Newsflash", and/or Channel 10. Should
City choose to market or advertise any materials regarding CARTS and its
services which originate from CARTS (or are supplied at its direction), such
materials shall be submitted to City for review and approval prior to usage.
E. In consultation with CARTS, City will continue to develop a plan to effectively
and efficiently provide public transportation services for the residents of Round
4
Rock. City's planning process will consider, but will not be limited to a long
term relationship with CARTS, contracting out the service to another provider,
use of the "RideCARTS Card" or a derivative of the card, developing a timetable
for transition from demand response service to fixed route service, City branding
of the service provided by CARTS in Round Rock, and limiting ridership by
establishing specific eligibility criteria for patrons of the service.
VII.
FINANCIAL REPORTING REQUIRED; AUDIT RIGHTS
Annual Report. Annually, not later than five (5) months after the end of CARTS' fiscal
year, CARTS shall file with City's Director of Finance a copy of CARTS Audited Financial
Statements, to include its A-133 Single Audit Report, if applicable. Such statement shall have
been audited by an independent Certified Public Accountant whose report shall accompany the
statement.
Review and/or Audit. City shall have the right to review CARTS' records concerning
ridership, failure to provide service and any verified complaints, including but not limited to
CARTS' operation of the system and timeliness of the service. If the verified complaints are
greater than ten percent (10%) of the total number of rides provided during the term of this
Interlocal Contract (including any extensions), City may demand a refund of the funds paid
under this Interlocal Contract equal to the total percentage of verified complaints for such
contract term (including any extensions). All of CARTS' records under this Agreement shall,
upon reasonable notice, be open to inspection and subject to review and/or reproduction during
normal business working hours. A City representative, or an outside representative engaged by
City, may perform such reviews. CARTS shall maintain all records relating to this Interlocal
Contract for three (3) years from the date this Interlocal Contract either expires or is terminated.
VIII.
TERMINATION
Either party may terminate this Interlocal Contract without cause upon ninety (90) days'
prior written notice to the other party. Should either party fail to perform any of the terms,
provisions, conditions or covenants contained herein, the other party may terminate this
Interlocal Contract for cause upon thirty (30) days' prior written notice to the defaulting party.
Such notice of termination shall be given as provided herein. Upon proper notice of termination,
5
all obligations under this Interlocal Contract shall cease and City shall only be required to fund
those expenses that were actually expended up to the date of the notice of termination.
IX.
AMENDMENT OR ASSIGNMENT; NOTICE
Amendment. This Interlocal Contract shall not be altered, waived, amended or extended
without the parties' prior written agreement.
Assignment. All provisions of this Interlocal Contract shall be binding upon the parties
and each of their respective administrators, executors, successors, and assigns. CARTS shall not
assign this Interlocal Contract to any other party without the express prior written consent of
City.
Notice. All notices and other communications in connection with this Interlocal
Contract shall be in writing and shall be considered given as follows:
(A) When delivered personally to the recipient's address as stated herein; or
(B) Three (3) days after being deposited in the U.S. mail, with postage prepaid to the
recipient's address as stated herein.
CITY OF ROUND ROCK
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
CARTS
and to:
David Marsh, Executive Director
Capital Area Rural Transportation System
Post Office Box 6050
Austin, TX 78762
C) Nothing contained herein shall be construed to restrict the transmission of routine
communications between the parties.
6
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL CONTRACT BETWEEN THE CITY OF ROUND ROCK
AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM (CARTS)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
CITY OF ROUND ROCK
§
§
§
§
§
§
KNOW ALL BY THESE PRESENTS:
This INTERLOCAL CONTRACT is made and entered into effective thisill
qday of
the month of eVel9 Y , 2010, by and between the CAPITAL AREA RURAL
TRANSPORTATION SYSTEM ("CARTS"), an entity created pursuant to Texas statutes, and
the CITY OF ROUND ROCK, TEXAS ("City"), a home -rule municipality which is a political
subdivision of the State of Texas, for the purpose of providing certain public transportation
services for the Round Rock area.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, 4ited as the "Interlocal
Cooperation Act," provides that any one or more public agencies may contract with each other
for the performance of govermnental 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, CARTS and City are entities with statutory authority to enter into this
Interlocal Contract, and have each entered into this Interlocal Contract by the action of the
respective governing body in the appropriate manner prescribed by law; and
WHEREAS, CARTS and City have determined that the parties find it in their mutual
best interest and in the best interest of the public for the parties to provide certain affordable
public transportation services, and further find that this Interlocal Contract will increase the
efficiency and effectiveness of the parties' provision of those certain public transportation
services; and
WHEREAS, CARTS and City desire to continue to participate in the funding for and
provision of those certain public transportation services:
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the undersigned parties agree as follows:
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facilities, supermarkets, grocery stores and other merchants, post offices, medical
offices, and the like.
B. Coordination with City and other community service providers for the provision
of services to residents of City.
C. Services and the scheduled routes as shown on Exhibit "A" attached hereto and
incorporated herein for all purposes.
All such services shall be provided on a five-day per week basis, Monday through Friday,
excluding only official holidays observed by CARTS. All such services shall be provided with a
four-hour advance notification, if requested.
Iv.
PAYMENT BY CITY FOR SERVICES
For proper performance of CARTS contractual obligations delineated in this Interlocal
Contract, City agrees to pay the sum of Fifty and No/100 Dollars ($50.00) per hour of service.
The parties expressly agree that the cost of the services to be provided by CARTS shall
not exceed 6,000 hours per annum, which is based on the equivalent of 3 full-time routes of 24
hours per day and 250 operating days per year, at $50.00 per hour of service, that equating to an
amount not to exceed Three Hundred Thousand and No/100 Dollars ($300,000.00) per annum.
V.
OBLIGATIONS AND RESPONSIBILITIES OF CARTS
In addition to the obligation to provide the services delineated herein in Article III,
CARTS shall have the following contractual obligations and responsibilities:
A. CARTS shall adhere to and follow all applicable rules and laws regarding
Federal Transit Administration Section 5307 funding.
B. CARTS expressly agrees that City shall have the right to adjust fares for CARTS'
services in Round Rock, and CARTS agrees to so adjust fares if, as, and when
instructed to do so by City.
C. CARTS shall not adjust any fare for the residents of City for origins and
destinations within the city limits without the express written approval of City.
City reserves the right to deny any fare adjustments for trips within the city
limits.
D. CARTS expressly agrees that, on any invoices to City, CARTS shall credit City
for fare revenues collected in Round Rock, Texas.
3
E. CARTS expressly agrees that it will adhere to all requirements of Title VI, 1964
Civil Rights Act, and attendant policies.
F. On or before the tenth (10th) day of each month, CARTS shall provide City with
an invoice showing services provided for the previous month, including a credit
to City for all fare revenues collected in Round Rock, Texas.
G. On or before the tenth (10th) day of each month, CARTS shall provide City with
a report outlining trip details, including but not Iimited to passenger type,
purpose, number of days of service, number of hours of paratransit service
provided, and number of hours of seasonal trips provided (i.e. summer route
hours, afterschool kids hours, etc.).
H. On or before the tenth (10th) day of each month, CARTS shall provide City with
a report outlining the number of complaints received during the month, including
details for the complaint (i.e. service was late, service was inconvenient, etc.).
I. On or before the tenth (10th) day of each month, CARTS shall provide City with
a report detailing the number of people who were turned down for service.
J. In consultation with CARTS, the City will continue to develop a plan to
effectively and efficiently provide public transportation services for the residents
of Round Rock.
VI.
OBLIGATIONS AND RESPONSIBILITIES OF CITY
City shall have the following contractual obligations and responsibilities:
A. City agrees to pay CARTS as required by this Interlocal Contract.
B. City agrees to properly notify CARTS of its instructions regarding any fare
adjustment.
C. City shall adhere to and follow all applicable rules and laws regarding Federal
Transit Administration Section 5307 funding.
D. City shall assist with marketing of CARTS' services through utilizing such
venues as City's monthly newsletter, "Newsflash", and/or Channel 10. Should
City choose to market or advertise any materials regarding CARTS and its
services which originate from CARTS (or are supplied at its direction), such
materials shall be submitted to City for review and approval prior to usage.
E. In consultation with CARTS, City will continue to develop a plan to effectively
and efficiently provide public transportation services for the residents of Round
4
Rock. City's planning process will consider, but will not be limited to, a long-
term relationship with CARTS, contracting out the service to another provider,
use of the "RideCARTS Card" or a derivative of the card, developing a timetable
for transition from demand response service to fixed route service, City branding
of the service provided by CARTS in Round Rock, and limiting ridership by
establishing specific eligibility criteria for patrons of the service.
VII.
FINANCIAL REPORTING REQUIRED; AUDIT RIGHTS
Annual Report. Annually, not later than five (5) months after the end of CARTS' fiscal
year, CARTS shall file with City's Director of Finance a copy of CARTS' Audited Financial
Statements, to include its A-133 Single Audit Report, if applicable. Such statement shall have
been audited by an independent Certified Public Accountant whose report shall accompany the
statement.
Review and/or Audit. City shall have the right to review CARTS' records concerning
ridership, failure to provide service and any verified complaints, including but not limited to
CARTS' operation of the system and timeliness of the service. If the verified complaints are
greater than ten percent (10%) of the total number of rides provided during the term of this
Interlocal Contract (including any extensions), City may demand a refund of the funds paid
under this Interlocal Contract equal to the total percentage of verified complaints for such
contract term (including any extensions). All of CARTS' records under this Agreement shall,
upon reasonable notice, be open to inspection and subject to review and/or reproduction during
normal business working hours. A City representative, or an outside representative engaged by
City, may perform such reviews. CARTS shall maintain all records relating to this Interlocal
Contract for three (3) years from the date this Interlocal Contract either expires or is terminated.
V1II.
TERMINATION
Either party may terminate this Interlocal Contract without cause upon ninety (90) days'
prior written notice to the other party. Should either party fail to perform any of the terms,
provisions, conditions or covenants contained herein, the other party may terminate this
Interlocal Contract for cause upon thirty (30) days' prior written notice to the defaulting party.
Such notice of termination shall be given as provided herein. Upon proper notice of termination,
5
all obligations under this Interlocal Contract shall cease and City shall only be required to fund
those expenses that were actually expended up to the date of the notice of termination.
IX.
AMENDMENT OR ASSIGNMENT; NOTICE
Amendment. This Interlocal Contract shall not be altered, waived, amended or extended
without the parties' prior written agreement.
Assignment. All provisions of this Interlocal Contract shall be binding upon the parties
and each of their respective administrators, executors, successors, and assigns. CARTS shall not
assign this Interlocal Contract to any other party without the express prior written consent of
City.
Notice. All notices and other communications in connection with this Interlocal
Contract shall be in writing and shall be considered given as follows:
(A) When delivered personally to the recipient's address as stated herein; or
(B) Three (3) days after being deposited in the U.S. nail, with postage prepaid to the
recipient's address as stated herein.
CITY OF ROUND ROCK
Assistant City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
CARTS
and to:
David Marsh, Executive Director
Capital Area Rural Transportation System
Post Office Box 6050
Austin, TX 78762
(C) Nothing contained herein shall be construed to restrict the transmission of routine
communications between the parties.
6
X.
NON -APPROPRIATION CLAUSE
This Interlocal Contract is a commitment of City's current revenues only. It is
understood and agreed that City shall have the right to terminate this Interlocal Contract at the
end of any City fiscal year if the governing body of City does not appropriate funds sufficient to
pay the contractual charges as stated herein coming due in City's next fiscal year, as determined
by City's budget for the fiscal year in question. City may elect to terminate this Interlocal
Contract before the end of the stated term and before the end of the fiscal year by giving notice
as required in this Interlocal Contract, and by paying any charges which are due and have not
been paid from those funds remaining which are appropriated for said services at or before the
end of its then -current fiscal year.
XI.
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to
CARTS will be made within thirty (30) days of the date City receives goods under this
Agreement, the date the performance of the services under this Agreement are completed or the
date City receives a correct invoice for the goods or services, whichever is later. CARTS may
charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in
which the payment becomes overdue, in accordance with V.T,C.A., Texas Government Code,
Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in
the event:
(1) There is a bona fide dispute between City and CARTS, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
(2) There is a bona fide dispute between CARTS and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late;
(3)
The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
7
XII.
APPLICABLE LAW; ENFORCEMENT AND VENUE
This Interlocal Contract shall be enforceable in Round Rock, Texas. If legal action is
necessary by either party with respect to the enforcement of any terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Interlocal Contract shall be
governed by and construed in accordance with the laws and court decisions of the State of Texas.
XIII.
MISCELLANEOUS CLAUSES
Prior Written Agreements. This Interlocal Contract is without regard to any and all
prior written contracts or agreements between City and CARTS regarding any other subject or
matter, and does not modify, amend, ratify, confirm or renew any such other prior contract or
agreement between the parties.
Exclusive Agreement. This Interlocal Contract, and all appended documents,
constitutes the entire agreement between the parties hereto. This Interlocal Contract may only be
amended or supplemented by prior mutual agreement of the parties in writing.
Parties Independent Contractors. City and CARTS are independent contractors.
Except as expressly provided herein, no partnership or joint venture is intended to be created by
this Interlocal Contract, nor any principal -agent or employer-employee relationship. Except to
the extent expressly provided herein, neither party has and neither party shall attempt to assert
the authority to make commitments for or to bind the other party to any obligation.
Governmental Function. City and CARTS expressly agree that, in all things relating to
this Interlocal Contract, the parties are performing governmental functions, as defined by the
Texas Tort Claims Act. The parties further expressly agree that every act or omission of any
party which in any way pertains to or arises out of this Interlocal Contract falls within the
definition of governmental function.
Other Services. Nothing in this Interlocal Contract 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, or to provide or to not provide any service, except as specifically set forth in
this Interlocal Contract or in a separate written instrument executed by both parties. City shall
not be obligated to fund any additional monies other than as stated herein.
8
Governmental Immunity. Nothing in this Interlocal Contract 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 claim on behalf of any third party. Neither City nor CARTS 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.
Severability. If any provision of this Interlocal Contract 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 Interlocal Contract will be
construed as if not containing the particular invalid or unenforceable provision or provisions, and
the rights and obligation of the parties shall be construed and enforced in accordance therewith.
The parties acknowledge that if any provision of this Interlocal Contract 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 Interlocal Contract and be deemed to be validated and enforceable.
Gender, Number and Headings. Words of any gender used in this Interlocal Contract
shall be held and construed to include any other gender, and words in the singular number shall
be held to include the plural, unless the context otherwise requires. The headings and section
numbers are for convenience only and shall not be considered in interpreting or construing this
Interlocal Contract.
Execution in Counterparts. This Interlocal Contract 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 above first written, 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 this Interlocal
Contract by their officers thereunto duly authorized.
EXECUTED this day of , 2010.
[Signatures appear on the following page]
9
CITY OF ROUND ROCK, TEXAS
By:
Alan McGraw, Mar
Date Signed: LO. b • (0
FOR CITY, ATTEST:
By:
Sara L. White, City Secretary
FOR CITY
By:
ROVED A ` TO FORM:
Stepha
L. Sheets, City Attorney
10
CAPITAL
TRANSP
By:
Davi
Date Signed:
444
a 1
3 3 3
§ §