R-12-02-23-8E2 - 2/23/2012 RESOLUTION NO. R-12-02-23-8E2
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 Council of Governments ("CAPCOG") regarding the purchase and continued operation
of air quality monitoring equipment in Williamson County,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 for Air Quality Services with CAPCOG, 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 23rd day of February, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Vl
SARA L. WHITE, City Clerk
O:\wdox\SCC1nts\0112\1204\MUNICIPAL\00243 533.DOC/rmc
EXHIBIT
„A»
CAPITAL AREA COUNCIL OF GOVERNMENTS
INTERLOCAL CONTRACT FOR AIR QUALITY SERVICES ;
Art. 1. Parties and Purpose
1.1.The Capital Area Council of Governments("CAPCOG")is a regional planning
commission and political subdivision of the State of Texas organized and operating under the
Texas Regional Planning Act of 1965,as amended,chapter 391 of the Local Government Code.
1.2.The City of Round Rock is a Texas local government that is seeking to ensure
reliable,high-quality ambient air quality monitoring data is collected at CAPCOG's air quality
monitors located in Williamson County.
1.3.This contract is entered into between CAPCOG and the City of Round Rock under ,
chapter 791 of the Government Code so that the City of Round Rock can contribute funding
toward the purchase and continued operation of air quality monitoring equipment in Williamson
County as part of the regional air quality program at CAPCOG.
Art.2. Goods and Services
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2.1.CAPCOG agrees to purchase and install new ambient air quality monitoring
equipment at an ambient air quality monitoring site in Williamson County described in
Attachment A in this contract.The equipment may include one or more of the following pieces
of equipment:an ozone analyzer,a wind sensor,or a data logger.CAPCOG agrees to provide the
City of Round Rock with a copy of the receipt for the purchase of any monitoring equipment that
will be paid for with funds from this contract,and documentation of the installation of the
equipment at the site listed in Attachment A. CAPCOG agrees to allow the City of Round Rock
to inspect the monitoring site listed in Attachment A to verify installation of equipment
purchased under this contract.
Art.3. Contract Price and Payment Terms
3.1.The City of Round Rock agrees to provide funding to CAPCOG under this contract,
solely from current revenues available to the City of Round Rock,with a total value of not to
exceed$8,017.CAPCOG will submit an invoice to the City of Round Rock upon installation of
the equipment for the City of Round Rock's share of the cost of the equipment,along with a
receipt for CAPCOG's purchase of the equipment and evidence of its installation at the site listed
in Attachment A.This amount represents 500/6 of the cost of the equipment CAPCOG plans to
deploy in Williamson County in 2012.
3.2.The City of Round Rock agrees to pay the invoice within 30 days after it receives the
invoice,as required by the Prompt Payment Act,chapter 2251 of the Goverment Code.
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Art.4. Effective Date and Term of Contract
4.1.This contract takes effect on the date it is signed on behalf of CAPCOG and it ends,
unless sooner terminated under Art.6 or 7,on October 31,2012,whichever comes first.
Art. S. Nondiscrimination and Equal Opportunity
5.1.CAPCOG and the City of Round Rock shall not exclude anyone from participating
under this contract,deny anyone benefits under this contract,or otherwise unlawfully
discriminate against anyone in carrying out this contract because of race,color,religion,national
origin,sex,age,disability,handicap,or veteran status.
Art.6. Termination of Contract for Unavailability of Funds
6.1.The City of Round Rock acknowledges that CAPCOG is a governmental entity
without taxing authority and agrees that CAPCOG may terminate this contract in whole or part if
CAPCOG learns that the additional funds needed from other parties to pay for all of the goods or
services will not be available at the time of delivery or performance.
6.2.If CAPCOG exercises its rights under Article 6.1 due to funding unavailability,
CAPCOG shall give written notice to the City of Round Rock within five(5)business days of
learning of the unavailability of funding.This notice shall specify the contract termination date,
which may not be less than fifteen(15)calendar days from the notice date.The contract
terminates on the specified termination date.
Art. 7. Termination for Breach of Contract
7.1.If the City of Round Rock or CAPCOG breaches a material provision of this
contract,the other may notify the breaching party describing the breach and demanding
corrective action.The breaching party has five(5)business days from its receipt of the notice to
correct the breach,or to begin and continue with reasonable diligence and in good faith to correct
the breach. If the breach cannot be corrected within a reasonable time,despite the breaching
party's reasonable diligence and good faith effort to do so,the parties may agree to terminate the
contract or either party may invoke the dispute resolution process of Art. 8.
7.2. Termination for breach under Art.7.1 does not waive either party's claim for damages
resulting from the breach.
Art.8. Dispute Resolution
8.1.The parties desire to resolve disputes arising under this contract without litigation.
Accordingly,if a dispute arises,the parties agree to attempt in good faith to resolve the dispute
between themselves.To this end,the parties agree not to sue one another,except to enforce
compliance with this Art. 8,toll the statute of limitations,or seek an injunction,until they have
exhausted the procedures set out in this Art. 8.
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8.2.At the written request of either party,each party shall appoint one nonlawyer
representative to negotiate informally and in good faith to resolve any dispute arising under this
contract.The representatives appointed shall determine the.location, format, frequency,and
duration of the negotiations.
8.3.If the representatives cannot resolve the dispute within thirty(30)calendar days after
the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution
Center of Austin for mediation in accordance with the Center's mediation procedures by a single
mediator assigned by the Center.Each party shall pay half the cost of the Center's mediation
services.
8.4.The parties agree to continue performing their duties under this contract,which are
unaffected by the dispute,during the negotiation and mediation process.
Art.9.Notice to Parties
9.1.Notice to be effective under this contract must be in writing and received by the party
against whom it is to operate.Notice is received by a party: (1)when it is delivered to the party
personally;(2)on the date shown on the return receipt if mailed by registered or certified mail,
return receipt requested,to the party's address specified in Art. 9.2 and signed on behalf of the
party; or(3)three business days after its deposit in the United States mail,with first-class
postage affixed,addressed to the party's address specified in Art. 9.2.
9.2.CAPCOG's address is 6800 Burleson Road,Building 310,Suite 165,Austin,TX
78744,Attention:Betty Voights,Executive Director.The City of Round Rock's address is 221
East Main Street,Round Rock,Texas 78664,Attention:John Dean,Transportation Planner.
9.3.A party may change its address by providing notice of the change in accordance with
Art.9.1.
Art. 10. Miscellaneous
10.1.Each individual signing this contract on behalf of a party warrants that he or she is
legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
10.2. (a)This contract states the entire agreement of the parties,and an amendment to it
is not effective unless in writing and signed by all parties.
(b) The Attachment A is part of this contract.
10.3.This contract is binding on and inures to the benefit of the parties'successors in
interest.
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10.4.This contract is executed in duplicate originals.
THE CITY OF ROUND ROCK, CAPITAL AREA COUNCIL OF
TEXAS GOVERNMENTS
By BY
Alan McGraw Betty Voights
Mayor Executive Director
Date Date
FOR CITY,ATTEST:
City Clerk
FOR CITY,APPROVED AS TO FORM:
City Attorney
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EXHIBIT A
CAPCOG AIR QUALITY MONITORING STATION INFORMATION
The Capital Area Council of Governments("CAPCOG")owns two ambient air quality
monitoring stations in Williamson County,Texas.
The first site in Williamson County is located at 200 College Street,Hutto,Texas(Latitude:
30.5458900 degrees;Longitude:-97.5423700 degrees,elevation: 253.0 meters).This air quality
monitoring station collects ambient concentrations of ozone,nitrogen oxide,and nitrogen
dioxide,and collects wind speed and wind direction during ozone season from April through
October,and has been active since May 18,2011. The site reports data to the Texas Commission
on Environmental Quality("TCEQ"),which designates the site as Continuous Air Monitoring
Station("CAMS")6602,and calls it"CAPCOG Hutto College Street."The site's United States
Environmental Protection Agency("EPA')Site Number is 484916602.
The equipment currently installed at CAMS 6602 site includes the following:
• One Dasibi Ozone Analyzer over 15 years old,
• One API-Teledyne nitrogen oxides(NOx)monitor over 15 years old,
• One Monitor Labs sulfur dioxide(SO2)analyzer over 15 years old,
• One Zeno data logger over 10 years old,
• Young Instruments Wind Sensor over 8 years old,
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• One Tanabyte Calibrator less than a year old,and
• One Teledyne API Zero Air system less than a year old.
CAPCOG plans to replace the ozone analyzer,data logger,and wind sensor at this location for
the 2012 ozone season.
The second site in Williamson County is located at 500 Lake Overlook Drive,Georgetown,
Texas(Latitude: 30.6664421 degrees;Longitude: -97.7345790 degrees,elevation:250.0 meters).
This air quality monitoring station collects ambient ozone concentrations,wind speed,and wind
direction during ozone season from April through October,and has been active since September
20,2007.The site reports data to the Texas Commission on Environmental Quality("TCEQ"),
which designates the site as Continuous Air Monitoring Station("CAMS")690;and calls it
"CAPCOG Lake Georgetown."The site's United States Environmental Protection Agency
("EPA")Site Number is 484910690.
The equipment currently installed at CAMS 690 site includes the following:
• One Zeno data logger over 8 years old,
• One Met-F-460 meteorological tower of unknown vintage,and
• One Tanabyte Ozone Analyzer less than a year old.
CAPCOG plans to replace just the Zeno data logger at this location.
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ROUNDROCK,TEXAS Ci Council Agenda Summar Sheet
PURPOSE.PASSION.PROSPERITY.
Agenda Item No. 8E2.
Consider a resolution authorizing the Mayor to execute "Capital Area Council of
Agenda Caption: Governments Interlocal Contract for Air Quality Services".
Meeting Date: February 23,2012
Department: Transportation
Staff Person making presentation: Gary Hudder
Transportation Director
Item Summary:
The Capital Are Council of Governments (CAPCOG) operates a network of air quality monitors throughout the
Central Texas region. These monitors provide data about regional air quality trends which help us to understand the
causes of poor air quality in our region. This information in turn has been and continues to be used by the region to
make arguments to the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection
Agency (EPA) regarding our air quality attainment designations. While our region continues to be in compliance
with the national standards, last year (2011) our region was one poor reading away from slipping into a possible
non-attainment status. Much of the poor air quality we experience in Central Texas is attributable to sources
outside of our region and thus outside of our jurisdiction - the air quality monitors help to establish this fact and
provide support for an argument against a non-attainment designation.
These air quality monitors were previously funded through funds provided to CAPCOG by the State of Texas, but the
state's budget shortfalls during the latest budget cycle caused this program to experience a significant cut in
funding. Subsequently,CAPCOG has sought participation from local entities in the region to help continue operating
the network of air quality monitors in our region.
Under this agreement, the City would pay $8,017 to CAPCOG to continue to operate and maintain the air quality
monitors in both Hutto and Lake Georgetown. These funds also include replacing outdated equipment at these
locations.
Cost: $8,017
Source of Funds: General Fund
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED �
DOCUMENTS
FOLLOW
CAPITAL AREA COUNCIL OF GOVERNMENTS
INTERLOCAL CONTRACT FOR AIR QUALITY SERVICES
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Art. 1. Parties and Purpose
1.1.The Capital Area Council of Governments("CAPCOG")is a regional planning
commission and political subdivision of the State of Texas organized and operating under the
Texas Regional Planning Act of 1965,as amended,chapter 391 of the Local Government Code.
1.2.The City of Round Rock is a Texas local government that is seeking to ensure
reliable,high-quality ambient air quality monitoring data is collected at CAPCOG's air quality
monitors located in Williamson County.
1.3.This contract is entered into between CAPCOG and the City of Round Rock under
chapter 791 of the Government Code so that the City of Round Rock can contribute funding
toward the purchase and continued operation of air quality monitoring equipment in Williamson f
County as part of the regional air quality program at CAPCOG.
Art.2. Goods and Services
2.1.CAPCOG agrees to purchase and install new ambient air quality monitoring
equipment at an ambient air quality monitoring site in Williamson County described in
Attachment A in this contract.The equipment may include one or more of the following pieces
of equipment: an ozone analyzer,a wind sensor,or a data logger.CAPCOG agrees to provide the
City of Round Rock with a copy of the receipt for the purchase of any monitoring equipment that
will be paid for with funds from this contract,and documentation of the installation of the
equipment at the site listed in Attachment A. CAPCOG agrees to allow the City of Round Rock
to inspect the monitoring site listed in Attachment A to verify installation of equipment
purchased under this contract.
Art.3. Contract Price and Payment Terms
3.1.The City of Round Rock agrees to provide funding to CAPCOG under this contract,
solely from current revenues available to the City of Round Rock,with a total value of not to
exceed$8,017.CAPCOG will submit an invoice to the City of Round Rock upon installation of
the equipment for the City of Round Rock's share of the cost of the equipment,along with a
receipt for CAPCOG's purchase of the equipment and evidence of its installation at the site listed
in Attachment A.This amount represents 50%of the cost of the equipment CAPCOG plans to
deploy in Williamson County in 2012.
3.2.The City of Round Rock agrees to pay the invoice within 30 days after it receives the
invoice,as required by the Prompt Payment Act,chapter 2251 of the Government Code.
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Art.4. Effective Date and Term of Contract
4.1.This contract takes effect on the date it is signed on behalf of CAPCOG and it ends,
unless sooner terminated under Art. 6 or 7,on October 31,2012,whichever comes first.
Art. 5. Nondiscrimination and Equal Opportunity
5.1.CAPCOG and the City of Round Rock shall not exclude anyone from participating
under this contract,deny anyone benefits under this contract, or otherwise unlawfully
discriminate against anyone in carrying out this contract because of race,color,religion,national
origin,sex,age,disability,handicap,or veteran status.
Art. 6. Termination of Contract for Unavailability of Funds
6.1.The City of Round Rock acknowledges that CAPCOG is a governmental entity
without taxing authority and agrees that CAPCOG may terminate this contract in whole or part if
CAPCOG learns that the additional funds needed from other parties to pay for all of the goods or
services will not be available at the time of delivery or performance.
6.2.If CAPCOG exercises its rights under Article 6.1 due to funding unavailability,
CAPCOG shall give written notice to the City of Round Rock within five(5)business days of
learning of the unavailability of funding.This notice shall specify the contract termination date,
which may not be less than fifteen(15)calendar days from the notice date.The contract
terminates on the specified termination date.
Art. 7. Termination for Breach of Contract
7.1.If the City of Round Rock or CAPCOG breaches a material provision of this
contract,the other may notify the breaching party describing the breach and demanding
corrective action.The breaching party has five(5) business days from its receipt of the notice to
correct the breach,or to begin and continue with reasonable diligence and in good faith to correct
the breach. If the breach cannot be corrected within a reasonable time,despite the breaching
party's reasonable diligence and good faith effort to do so,the parties may agree to terminate the
contract or either party may invoke the dispute resolution process of Art. 8.
7.2. Termination for breach under Art.7.1 does not waive either party's claim for damages
resulting from the breach.
Art.8. Dispute Resolution
8.1.The parties desire to resolve disputes arising under this contract without litigation.
Accordingly,if a dispute arises,the parties agree to attempt in good faith to resolve the dispute
between themselves.To this end,the parties agree not to sue one another,except to enforce
compliance with this Art. 8,toll the statute of limitations,or seek an injunction,until they have
exhausted the procedures set out in this Art. 8.
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8.2.At the written request of either party,each party shall appoint one nonlawyer
representative to negotiate informally and in good faith to resolve any dispute arising under this
contract.The representatives appointed shall determine the.location,format, frequency,and
duration of the negotiations.
8.3.If the representatives cannot resolve the dispute within thirty(30)calendar days after
the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution
Center of Austin for mediation in accordance with the Center's mediation procedures by a single
mediator assigned by the Center.Each party shall pay half the cost of the Center's mediation
services.
8.4.The parties agree to continue performing their duties under this contract,which are
unaffected by the dispute,during the negotiation and mediation process.
Art.9.Notice to Parties
9.1.Notice to be effective under this contract must be in writing and received by the party
against whom it is to operate.Notice is received by a party:(1)when it is delivered to the party
personally;(2)on the date shown on the return receipt if mailed by registered or certified mail,
return receipt requested,to the party's address specified in Art. 9.2 and signed on behalf of the
party; or(3)three business days after its deposit in the United States mail,with first-class
postage affixed,addressed to the party's address specified in Art. 9.2.
9.2.CAPCOG's address is 6800 Burleson Road,Building 310,Suite 165,Austin,TX
78744,Attention:Betty Voights,Executive Director.The City of Round Rock's address is 221
East Main Street,Round Rock,Texas 78664,Attention:John Dean,Transportation Planner.
9.3.A party may change its address by providing notice of the change in accordance with
Art. 9.1.
Art. 10. Miscellaneous
10.1.Each individual signing this contract on behalf of a party warrants that he or she is
legally authorized to do so and that the party is legally authorized to perform the obligations
undertaken.
10.2. (a)This contract states the entire agreement of the parties,and an amendment to it
is not effective unless in writing and signed by all parties.
(b) The Attachment A is part of this contract.
10.3.This contract is binding on and inures to the benefit of the parties'successors in
interest.
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10.4.This contract is executed in duplicate originals.
THE CITY OF ROUND ROCK, CAPITAL AREA COUNCIL OF
TEXAS GOVERNMENTS
f.
By By
Alan McGraw Betty Voigh s
Mayor33 Executive Director
Date
��.7•1Z-- Date
FOR CITY,ATTEST:
.-
W4
City Clerk
FO C TY,APPRO ED AS TO FORM:
1 y rney
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EXHIBIT A
CAPCOG AIR QUALITY MONITORING STATION INFORMATION
The Capital Area Council of Governments("CAPCOG")owns two ambient air quality
monitoring stations in Williamson County,Texas.
The first site in Williamson County is located at 200 College Street,Hutto,Texas(Latitude:
30.5458900 degrees;Longitude:-97.5423700 degrees,elevation: 253.0 meters).This air quality
monitoring station collects ambient concentrations of ozone,nitrogen oxide,and nitrogen
dioxide,and collects wind speed and wind direction during ozone season from April through
October,and has been active since May 18,2011. The site reports data to the Texas Commission
on Environmental Quality("TCEQ"),which designates the site as Continuous Air Monitoring
Station("CAMS")6602,and calls it"CAPCOG Hutto College Street."The site's United States
Environmental Protection Agency("EPA")Site Number is 484916602.
The equipment currently installed at CAMS 6602 site includes the following:
• One Dasibi Ozone Analyzer over 15 years old,
• One API-Teledyne nitrogen oxides(NOx)monitor over 15 years old,
• One Monitor Labs sulfur dioxide(SO2)analyzer over 15 years old,
• One Zeno data logger over 10 years old,
• Young Instruments Wind Sensor over 8 years old,
• One Tanabyte Calibrator less than a year old,and I
• One Teledyne API Zero Air system less than a year old.
CAPCOG plans to replace the ozone analyzer,data logger,and wind sensor at this location for
the 2012 ozone season.
The second site in Williamson County is located at 500 Lake Overlook Drive,Georgetown,
Texas(Latitude:30.6664421 degrees;Longitude: -97.7345790 degrees,elevation:250.0 meters).
This air quality monitoring station collects ambient ozone concentrations,wind speed,and wind
direction during ozone season from April through October,and has been active since September
20,2007.The site reports data to the Texas Commission on Environmental Quality("TCE(T),
which designates the site as Continuous Air Monitoring Station("CAMS")690;and calls it
"CAPCOG Lake Georgetown."The site's United States Environmental Protection Agency
("EPA') Site Number is 484910690.
The equipment currently installed at CAMS 690 site includes the following:
• One Zeno data logger over 8 years old,
• One Met-F-460 meteorological tower of unknown vintage,and
• One Tanabyte Ozone Analyzer less than a year old.
CAPCOG plans to replace just the Zeno data logger at this location.
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