R-2022-297 - 9/8/2022 RESOLUTION NO. R-2022-297
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 BV THE COUNCIL OF THE CITV 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 81h day of September. 2022.
CRAR.. 1 RGAN, ayor
ATTEST: City o4lrRoind Rod , Texas
EAGAN S "KS, Clerk
EXHIBIT
"Alp
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 ("CapMetro") 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:
1. PURPOSE
CapMetro 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 CapMetro's authorization of City as a direct recipient of FTA Section 5307
Program funds. City and CapMetro agree to work cooperatively and in good faith in the
manner set forth herein.
11. 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 CapMetro transit system, City would like to
become a direct recipient ("Direct Recipient") of a share of the Section 5307 Program
funding apportioned to the 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 CapMetro, 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 2023 (October 1, 2022 September 30, 2023) and 2024
(October 1, 2023 - September 30, 2024) (each an "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
CapMetro as the Designated Recipient for the Austin urbanized area for FTA Fiscal
Years 2023 and 2024. If the FTA does not apportion or distribute Section 5307
Program Funds to CapMetro as the Designated Recipient, City will not be eligible to
receive Section 5307 Prograrn Funds as a Direct Recipient. If the FTA reduces the
amount of Section 5307 Program Funds available to CapMetro as the Designated
Recipient, City's share of funding will be based upon the reduced amount. CapMetro
will not be liable to City for any darnages, which are caused or associated with any
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CWTA/Ro und Rock MOU
!3107 117und s—If Y 202 3,2024
FTA changes to the amounts apportioned or distributed to the Austin urbanized area
under the Section 5307.
E. CapMetro is not obligated to provide any technical assistance or technical support to
City beyond the requirements of FTA Circular 9030.1 E.
F. City's designation as a Direct Recipient requires approval by the CapMetro Board of
Directors and the Round Rock City Council.
G. CapMetro 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. CapMetro's Responsibility-
A. CapMetro will remain the Designated Recipient of Section 5307 Program Funds
apportioned by the FTA for the Austin urbanized area;
B. CapMetro 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 2023 and 2024; and
C. CapMetro'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. Asa 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.
111. 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 2024. 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
and shall fail to remedy such default within thirty (30) days after receipt of written notice
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CNITA/Round Rock MOU
5307 Funds—FY 2023-2024
thereof, this MOU may be terminated at the option of the Party, not in default upon
expiration of the thirty (30) day period.
I . INCORPORATION OF DOCUMENTS
This MOU incorporates by reference the following attachments.
A. Attachment A, resolution of the CapMetro Board of Directors approving this O .
B. Attachment B, Resolution of the Round Rock City Council approving this MOU.
V. MISCELLANEOUS
A. This MOU constitutes the entire MOA between CapMetro 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 City of Round Rock
Transportation Authority
By: By:................... ............................. ..................
Dottie Watkins Name:
Interim PresidemYCE0 Title:
Date: Date:
Apprim edas to 11binin
.....................................................11.......................—.1
0A U,11 egall L)eparT1111WVH
pogc'3 of 5
CNITMIIkoundRock,iMOU
5307 Funds FY 21023-2024
Attachment A
CapMetro Board of Directors Resolution No.
Pap 4W'5
Attachment B
Round Rock City Council Resolution No.
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307 Funds--If•"Y 2,02:3-e 024