R-2020-0214 - 8/13/2020RESOLUTION NO. R-2020-0214
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 13th day of August, 2020.
ATTEST:
SARA L. WHITE, City Clerk
CRAIG ORG , Mayor
City of Round ock, Texas
011120202; 00451550
EXHIBIT
" pp
A"
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 ("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 will comply with the requirements of the Urbanized Area Formula
Funding Program (49 U.S.C. 5307).
B. Since City is not a member city of the Capital Metro transit system, City would like
to become a direct recipient ("Direct Recipient") of a share of the Section 5307
Program funding apportioned to Austin urbanized area ("FTA Section 5307 Program
Funds").
C. During the term of this MOU, City is authorized to apply for a share of Section 5307
Program Funds apportioned and distributed to Capital Metro, as Designated Recipient
for the Austin urbanized area, based upon the distribution formula established by the
FTA for Section 5307 Apportionment Formula Distribution of Available Funds
during FTA fiscal years 2021 (October 1, 2020 — September 30, 2021) and 2022
(October 1, 2021 — September 20, 2022) (each a "FTA Fiscal Year").
D. 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 for FTA Fiscal
Years 2021 and 2022. If the FTA does not apportion or distribute Section 5307
Program Funds to Capital Metro as the Designated Recipient, City will not be eligible
to receive Section 5307 Program Funds as a Direct Recipient. If the FTA reduces the
amount of Section 5307 Program Funds available to Capital Metro as the Designated
Recipient, 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
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5 3 07 Funds — FY 2021-2022
any FTA changes to the amounts apportioned or distributed to the Austin urbanized
area under the Section 5307.
E. Capital Metro is not obligated to provide any technical assistance or technical support
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to City beyond the requirements of FTA Circular 9030.1E.
F. City's designation as a Direct Recipient requires the approval by the Capital Metro
Board of Directors and the Round Rock City Council.
G. Capital Metro will not provide technical support or assistance beyond any that may
be required by the FTA when a Designated Recipient authorizes another public entity
to be a Direct Recipient.
B. Capital Metro's Responsibility:
A. Capital Metro will remain the Designated Recipient of Section 5307 Program
Funds apportioned by the FTA for the Austin urbanized area;
B. Capital Metro authorizes City to be a Direct Recipient of a share of the Section
5307 Program Funds apportioned to the Austin urbanized area based on the
distribution formula established by the FTA for Section 5307 Apportionment
Formula Distribution of Available Funds during FTA Fiscal Years 2021 and
2022; and
C. Capital Metro's authorizes this designation once to include all grant applications
for FTA Section 5307 Program Funds submitted by City to FTA during the term
of this MOU.
C. Round Rock Responsibility:
A. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
B. As a Direct Recipient, City will use FTA Section 5307 Program Funds to support
the planning, capital development and operation of transit services for the Round
Rock community;
C. City shall comply with all provisions of FTA Circular 9030.1 E, Urbanized Area
Formula Program: Program Guidance and Application Instructions, Chapter II,
Section 8, Applicants Other than Designated Recipients, including but not limited
to providing its local share of matching; and
D. 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 2022. The Parties
may mutually agree, in writing, to extend the term of this MOU. This MOU may be
terminated or modified by thirty (30) day advanced written notice by either Party. In the
event that either Party shall be in default of its material obligations under this Agreement
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CMTA/Round Rock MOU
5307 Funds — FY 2021-2022
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.
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. MISCELLANEOUS
A. This MOU constitutes the entire MOA between Capital Metro and City. No other
terms and conditions are applicable, unless amended and agreed to by both Parties.
B. By execution of this MOU, neither Party waives or relinquishes any sovereign
immunity rights available to it by law except as otherwise stipulated by applicable
laws.
VI. 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
Transportation Authority
By:
Randy Clarke
President/CEO
Date:
Approved as to form:
CMTA Legal Department
City of Round Rock
By:
Craig Morgan
Mayor
Date:
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5307 Funds — FY 2021-2022
Attachment A
Capital Metro Board of Directors Resolution
[To be attached after approval.]
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Attachment B
Round Rock City Council Resolution
[To be attached after approval.]
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