Contract - Capital Metropolitan Transportation Authority (CapMetro) - 9/14/2023 FIRST AMENDMENT
TO THE
INTERLOCAL COOPERATION AGREEMENT
FOR
TRANSIT SERVICES
BY AND BETWEEN
THE CITY OF ROUND ROCK AND CAPMETRO
This First Amendment (this "Amendment")to the Interlocal Cooperation Agreement is made by
and between the City of Round Rock,a home rule city and municipal corporation,organized under
Chapter 9 of the Local Government Code (the "City") and Capital Metropolitan Transportation
Authority ("CapMetro"), a political subdivision of the State of Texas organized under Chapter
451 of the Texas Transportation Code. The City and CapMetro are referred to in this Amendment
individually as a"Party" and collectively as the "Parties."
RECITALS
a. CapMetro and the City entered into that certain interlocal cooperation agreement for
contracted transit services effective as of October 4, 2022, pursuant to which CapMetro
provides local fixed route service within the City, commuter service to Austin and reverse
commuter service to the City(the"Agreement").
b. The Parties desire to amend the Agreement as more particularly described herein to extend
the term of the Agreement, add funds for the extended term,update the bus routes,vehicle
hours and vehicle requirements for the extended term,and modify certain terms only as set
forth herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree to amend the Agreement as follows:
1. Additional Term. Section 4 of the Agreement is hereby amended to extend the Term of
the Agreement for an additional twelve-month period beginning on October 1, 2023,
through September 30, 2024 (the"Extended Term" or"FY2024").
2. Fees for Transit Services. The amount of funding for the Transit Services for the Extended
Term shall not exceed$1,358,369 as shown in SFP-1 Schedule of Fees and Payments.
3. Fare Recovery. During the Extended Term, CapMetro will deduct the following amounts
from each monthly invoice for fare recovery: for Bus Routes 50(Round Rock), 152(Round
Rock Tech Ridge Limited) and 980 (North Mopac Express), CapMetro will deduct an
amount equal to the product of: (i)the total cost of Transit Services provided by CapMetro
under this Agreement for the invoiced month and (ii) CapMetro's actual fare recovery
percentage for the invoiced month. The monthly CapMetro fare recovery percentage will
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be calculated by dividing: (i) the total amount of actual fares collected for all Transit
Services provided by CapMetro in the invoiced month by (ii) the total amount of
CapMetro's operation costs for the invoiced month.
4. Vehicle Hours. Section 2 of SOS-1-Scope of Services is revised to reflect that during the
Extended Term, the Transit Services shall include three (3) bus routes: Bus Routes 50
(Round Rock), 152 (Round Rock Tech Ridge Limited) and 980 (North Mopac Express).
Vehicle hours for Route 980(North MoPac Express)will be shared with CapMetro service
from the Howard Express Station. The City is responsible only for the vehicle hours from
Round Rock to Howard Express Station. CapMetro is responsible for vehicle hours from
Howard Express Station to downtown Austin.
5. Vehicle Requirements. Section 3.1 of SOS-1-Scope of Services is revised to reflect that
only one (1) peak vehicle is required for Bus Route 50 during the Extended Term. The
Parties agree to delete in its entirety Section 3.2 of SOS-1-Scope of Services.
6. Schedule of Fees and Payments. Attachment SFP-1 Schedule of Fees and Payments is
amended by adding the following schedule of fees and payments for the Extended Term.
FY2024 Route 50 Route 152 Route 980 Total
Annual Hours 5,555 2,500 778 8,833
Hourly Operating Rate $ 141.94 $ 141.94 $ 147.68
Total Annual Hourly Operating Cost $ 788,477 $ 354,850 $ 114,895
Annual TAM $ 38,348 $ 38,348 $ 23,451
Total Fixed Route Cost $ 826,825 $ 393,198 $ 138,346 $ 1,358,369
*The estimated annual hours are subject to change.
7. Termination for Convenience. Section 13 is hereby amended to state that the City may
terminate this Agreement, in whole or in part, for the convenience of the City as set forth
in this Section 7. Termination for convenience shall align with CapMetro's three (3)
service change dates with the following termination notice requirements: 1)notice must be
given by October 1St to terminate the Agreement at the January service change date;
2)notice must be given by March 1St to terminate the Agreement at the June service change
date; and 3) notice must be given by May 1St to terminate the Agreement at the August
service change date. Upon the effective date of the termination, neither party shall incur
any further obligations in connection with the Transit Services.
8. Effect of Amendment. Except as expressly provided herein, all other provisions of the
Agreement are incorporated into this Amendment,remain unchanged, are in full force and
effect, and are ratified and affirmed by the Parties. By their execution and delivery of this
Amendment neither Party waives or releases any default hereunder.
9. Capitalized Terms. Capitalized terms used in this Amendment and not otherwise defined
have the meanings assigned to them in the Agreement.
10. Entire Agreement. This Amendment represents the entire agreement between the Parties
concerning the subject matter of this Amendment and supersedes any and all prior or
contemporaneous oral or written statements, agreements, correspondence, quotations and
negotiations.
11. Effective Date. This Amendment will be effective on the date of the last Party to sign.
12. Current Funds. The party or parties paying for the performance of governmental functions
or services shall make payments therefore from current revenues available to the paying
party.
13. Incorporation. The recitals set forth above and the attached exhibits are incorporated
herein.
14. Counterparts; Electronic Signatures. This Amendment may be executed in any number of
duplicate originals and each duplicate original will be deemed to be an original. This
Amendment may be executed in any number of counterparts, each of which constitutes an
original, and all the counterparts together constitute one and the same Amendment.
Electronic copies of this Amendment and signatures thereon will have the same force,
effect, and legal status as originals.
IN WITNESS WHEREOF, this Amendment is hereby accepted and agreed to by the following
representatives of each Party who are duly authorized to bind the Parties:
C ' al Metropout n Transportation Authority City of nd Rock
By: By:
4
Dottie Watkins C ig 4gan
Pre ident& CEO Mayor
Date: 23 Date: % L91
Approved as to f Approved as to form:
By: By: �
Deputy Counsel City Attorney