R-11-11-10-10C2 - 11/10/2011RESOLUTION NO. R -11-11-10-10C2
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 10th day of November, 2011.
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL\00236787. DOC/rmc
ALAN MCGRAW, Mayor
City of Round Rock, Texas
Memorandum of Understanding between the
EXHIBIT
!,
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 a non-member city of the Austin urbanized area, City would like to
become a direct recipient of a share of the Section 5307 Program funding
apportioned to Austin urbanized area.
3. City is authorized to apply for a share of Capital Metro's fiscal year 2012 Section
5307 Program funds based upon the distribution formula that will be established
in the federal register for the FTA's FY 2012 Section 5307 Apportionment
Formula Distribution of Available Funds.
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.
If the FTA does not apportion or distribute Section 5307 funds to Capital Metro,
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, 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
CMTA HB# 618733
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.,
Urbanized Area Formula Funding Program: Program Guidance and Application
Instructions (Circular).
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, not to exceed the
amount set forth by FTA's FY 2012 Section 5307 Apportionment Formula
Distribution of Available Program Funds for the Austin urbanized area; and
3. Capital Metro authorizes City to be a Direct Recipient on a one time basis for FY
2012 Section 5307 funds. This authorization extends to all grant applications for
FY 2012 Section 5307 funds submitted by City in accordance with the Section
5307 grant application guidelines.
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 9030.1 D, 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 2012. 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 MOU 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
CMTA HB# 618733
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:
By:
Denise S. Young, Staff Attorney
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CMTA/Round Rock MOU
5307 Funds
CMTA HB# 618733
ROUND ROCK, TEXAS
PURPOSE. I�ASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 10C2.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Memorandum of Understanding
with Capital Metropolitan Transportation Authority Regarding the Provision of Federal
Transit Administration Section 5307 Program Funds.
Meeting Date: November 10, 2011
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
The City and Capital Metro agree to work cooperatively and in good faith to authorize the City to be a direct
recipient of Federal Transit Administration (FTA) Section 5307 Program Funds in the amount of $426,000. This
Memorandum of Understanding (MOU) outlines the City's and Capital Metropolitan Transportation Authority's
(Capital Metro's) mutual intent and understanding with respect to Capital Metro's authorization of City as a direct
recipient of FTA Section 5307 Program Funds. As a non-member city of the Austin urbanized area, 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. The City has established itself as an eligible FTA
grantee for the provision of transit services and construction of transit facilities. The City will be responsible for
complying with all applicable Section 5307 Program requirements including, but not limited to providing local
matching funds. The MOU will expire at the end of FY 2012, but the funds will remain available until September 30,
2015.
Strategic Plan Relevance - Mobility & Connectivity
Top Priority - Pursue funding sources including public/private partnerships and agreements with other
governmental agencies
High Priority - Develop public transportation to address citizen needs.
Endorsed Priority - Foster public transportation alternatives that would support major employment centers.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
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 a non-member city of the Austin urbanized area, City would like to
become a direct recipient of a share of the Section 5307 Program funding
apportioned to Austin urbanized area.
3. City is authorized to apply for a share of Capital Metro's fiscal year 2012 Section
5307 Program funds based upon the distribution formula that will be established
in the federal register for the FTA's FY 2012 Section 5307 Apportionment
Formula Distribution of Available Funds.
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.
If the FTA does not apportion or distribute Section 5307 funds to Capital Metro,
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, 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.
Page 1 of 3
CMTA/Round Rock MOU
5307 Funds
CMTA HB# 618733
12..-((-t--to- (OL2
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.ID.,
Urbanized Area Formula Funding Program: Program Guidance and Application
Instructions (Circular).
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, not to exceed the
amount set forth by FTA's FY 2012 Section 5307 Apportionment Formula
Distribution of Available Program Funds for the Austin urbanized area; and
3. Capital Metro authorizes City to be a Direct Recipient on a one time basis for FY
2012 Section 5307 funds. This authorization extends to all grant applications for
FY 2012 Section 5307 funds submitted by City in accordance with the Section
5307 grant application guidelines.
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, 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 2012. 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 MOU between Capital Metro and City. No
other terms and conditions are applicable, unless amended and agreed to by both parties.
Page 2 of 3
CMTA/Round Rock MOU
5307 Funds
CMTA HB# 618733
t L
By:
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:
C , ital Metropolitan
portatio Au
Date:
Linda S. Watson
President/CEO
Appro d as to form:
By: l iQ1Yui
Denise S. Young, S
1
tto ey
1
By:
City of Round Rock
Name: A I �{—
Title: Mayor'
Date: 11. 1 ' . 11
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CMTA/Round Rock MOU
5307 Funds
CMTA HB# 618733