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R-03-08-14-14F4 - 8/14/2003WHEREAS, the City of Round Rock wishes to enter into an agreement with the Capital Area Rural Transportation System (CARTS) for provision of public transportation services in Round Rock from April 1, 2003 through September 30, 2003, and also to authorize the one -time payment of $5,612.00 to CARTS of the City's allocated share of local match costs for the Williamson County Transit Study, 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 Agreement with the Capital Area Rural Transportation System, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. BE IT FURTHER RESOLVED, That a one -time payment of $5,612.00 is authorized to CARTS of the City's allocated share of local match costs for the Williamson County Transit Study. 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 14th day of August, 2Q03 Secret ATT NY JeLF WEt , Mayor City of Round Rock, Texas 4.eia Ail, CHRISTINE R. MARTINEZ, City @ PFDesktop\:: ODMA/ WORLDOX/ 0: /WDO% /RESOLUTT /R30814F9.WPD /]kg RESOLUTION NO. R- 03- 08 -14- 14F4 THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM THIS AGREEMENT is made and entered into effective this 5th day of August , 2003, by and between CAPITAL AREA RURAL TRANSPORTATION SYSTEM ( "CARTS ") and the CITY OF ROUND ROCK, ( the "City "). WHEREAS, CARTS and the City desire to participate in the funding for and provision of certain public transportation services: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned parties agree as follows: Recitals. The recitals set forth above and herein are incorporated for all purposes and are found by the parties to be true and correct. It is further found and determined that the City and CARTS have authorized and approved this Agreement by resolution or order adopted by their respective governing bodies, and that this agreement will be in full force and effect when approved by each party. Services. The City finds that CARTS, through its services, accomplishes a public purpose and benefits the community of Round Rock, Texas. Further, the City finds that the herein - delineated services provided by CARTS are services which the City would provide, absent this agreement, within the parameters and under the conditions otherwise placed upon the City. CARTS has contracted to provide such services in the past to the City, and both parties desire to continue a contractual agreement for provision of such services. Rate. In consideration for the services to be provided by CARTS, the City agrees to pay $45.00 per hour of service provided generally in accordance with the following schedule, with invoices to be submitted to the City by CARTS on the first of each month covering services provided the previous month. It is expressly agreed by the parties that the delineated schedule may be adjusted to not more than 90 hours per week, but may be adjusted to less than 90 hours per week, only upon the parties' mutual written agreement. Route Number Service 905 Local 903 Local 902 Local 901 Austin WITNESSETH: I. Findings II. Funding Daily Hours 7 hours daily Mon -Fri 4 hours daily Mon -Fri 4 hours daily Mon -Fri 5 hours 'ly M -W -F Aggregate Weekly Hours 35 hours per week 20 hours per week 20 hours per week 15 hours per week TOTAL 90 hours per week 901 Round Rock to Austin: This route provides Monday - Wednesday -Friday service from Round Rock to Austin and return, serving customers for dialysis, medical, and other trip purposes as needed. 902 Taylor to Round Rock: This route provides weekday service from eastern Williamson County into Round Rock and then provides local service in Round Rock between 10:00 a.m. and 3:00 p.m. 903 Round Rock and Cedar Park: This route provides weekday service in Cedar Park and Round Rock. Service begins in Cedar Park and transports riders into Round Rock for medical and shopping purposes. Once there, at approximately 10:00 a.m., it serves as a backup to Routes 902 and 905 providing for additional pickups and returns inside Round Rock until departure for Cedar Park at 3:00 p.m. 905 Round Rock Route: This route provides weekday service within the city limits of Round Rock between 8:00 a.m. and 5:00 p.m. Authorized One -Time Payment. As the City's allocated share of local match costs for the Williamson County Transit Study, the City agrees to pay CARTS the authorized one -time payment of Five Thousand Six Hundred Twelve and No/100 ($5,612.00) Dollars. III. Duties of CARTS As consideration for the funds to be provided by the City, CARTS hereby agrees to provide the following as a condition of this Agreement: A. General public transportation for the citizens of Round Rock, with emphasis on the elderly and handicapped. Destinations shall include but not be limited to medical facilities, supermarkets, grocery stores and other merchants, post offices, doctors' offices, and the like. B. Coordination, as appropriate, with the City and with other community service providers in the provision of services to Round Rock residents. C. The services are to be provided on a Monday through Friday basis, excluding official holidays observed by CARTS. IV. Term of Agreement and Extension Term of Agreement. The term of this Agreement shall be from April 1, 2003 through September 30, 2003. Extension. This Agreement may be extended on a month -to -month basis only upon the parties' mutual written agreement. 2 CITY OF ROUND ROCK CARTS V. Amendment and Assignment Amendment. This Agreement shall not be altered, waived, amended or extended without the parties' prior written agreement. Assignment. All provisions of this Agreement shall be binding upon the parties and each of their respective administrators, executors, successors, and assigns. CARTS shall not assign this Agreement to any other party without the express prior written consent of the City. All notices regarding assignment shall be by hand delivery or certified mail/return receipt requested as follows: City of Round Rock 221 East Main Street Round Rock, TX 78664 VI. Termination David Marsh, Executive Director Post Office Box 6050 Austin, TX 78762 Either party may terminate this Agreement without cause upon thirty (30) days' prior written notice to the other party. Such notice shall be given as provided herein in Article V. Upon proper notice of termination, all obligations under this Agreement shall cease and the City shall only be required to fund those expenses that were actually expended up to the date of the notice of termination. VII. General and Miscellaneous Prior Written Agreements. This Agreement is without regard to any and all prior written contracts or agreements between the City and CARTS regarding any other subject or matter, and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the parties. Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, any duty or responsibility of either of the parties to undertake or not to undertake any other, or to provide or to not provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by both parties. The City shall not be obligated to fund any additional monies other than as stated herein. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either of the parties nor to create any legal rights or claim on behalf of any third party. Neither the City nor CARTS waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. 3 Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date above first written, when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers thereunto duly authorized. EXECUTED this day of , 2003. CITY OF ROUND ROCK CAPITAL IIM / TRANSPO �' By: By: Nyle Maxwell, Mayor Dav . Mar r, E ! u we Director ATTEST: By: Christine R. Martinez, City Secretary 4 DATE: August 8, 2003 SUBJECT: City Council Meeting - August 14, 2003 ITEM: 14.F.4. Consider a resolution authorizing the Mayor to execute an Agreement with the Capital Area Rural Transportation System (CARTS) providing for the continuation of public transportation services. Resource: Tom Word, Chief of P. W. Operations History: The Capital Area Rural Transportation System (CARTS) has provided public transportation service in Round Rock for many years. CARTS has received funding for the other rural transportation program from the Federal and State government which covered the majority of the cost of this service. Because of Round Rock's population, we are no longer eligible for the Federal and State funding. Also included in the agreement is one time payment of $5,612.00 as the City's prorate share of local match costs for the Williamson County Transit Study. Funding: Cost: $45 /hour of service provided, not to exceed 90 hours of service per week. Source of Funds: General Fund Contingency Outside Resources: Capital Area Rural Transportation System Impact /Benefit: Elderly and disabled citizens will continue to receive public transportation services. Public Comment: N/A Sponsor: N/A 4.(LA THE STATE OF TEXAS COUNTY OF WILLIAMSON AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM THIS AGREEMENT is made and entered into effective this day of August 2003, by and between CAPITAL AREA RURAL TRANSPORTATION SYSTEM ( "CARTS ") and the CITY OF ROUND ROCK, ( the "City "). WHEREAS, CARTS and the City desire to participate in the funding for and provision of certain public transportation services: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the undersigned parties agree as follows: Recitals. The recitals set forth above and herein are incorporated for all purposes and are found by the parties to be true and correct. It is further found and determined that the City and CARTS have authorized and approved this Agreement by resolution or order adopted by their respective goveming bodies, and that this agreement will be in full force and effect when approved by each party. Services. The City finds that CARTS, through its services, accomplishes a public purpose and benefits the community of Round Rock, Texas. Further, the City finds that the herein - delineated services provided by CARTS are services which the City would provide, absent this agreement, within the parameters and under the conditions otherwise placed upon the City. CARTS has contracted to provide such services in the past to the City, and both parties desire to continue a contractual agreement for provision of such services. Rate. In consideration for the services to be provided by CARTS, the City agrees to pay $45.00 per hour of service provided generally in accordance with the following schedule, with invoices to be submitted to the City by CARTS on the first of each month covering services provided the previous month. It is expressly agreed by the parties that the delineated schedule may be adjusted to not more than 90 hours per week, but may be adjusted to less than 90 hours per week, only upon the parties' mutual written agreement. Route Number Service 905 Local 903 Local 902 Local 901 Austin § WITNESSETH: Findings II. Funding Daily Hours 7 hours daily Mon -Fri 4 hours daily Mon -Fri 4 hours daily Mon -Fri 5 hours daily M -W -F Aggregate Weekly Hours 35 hours per week 20 hours per week 20 hours per week 15 hours per week TOTAL 90 hours per week , 901 Round Rock to Austin: This route provides Monday - Wednesday -Friday service from Round Rock to Austin and return, serving customers for dialysis, medical, and other trip purposes as needed. 902 Taylor to Round Rock: This route provides weekday service from eastern Williamson County into Round Rock and then provides local service in Round Rock between 10:00 a.m. and 3:00 p.m. 903 Round Rock and Cedar Park: This route provides weekday service in Cedar Park and Round Rock. Service begins in Cedar Park and transports riders into Round Rock for medical and shopping purposes. Once there, at approximately 10:00 a.m, it serves as a backup to Routes 902 and 905 providing for additional pickups and returns inside Round Rock until departure for Cedar Park at 3:00 p.m. 905 Round Rock Route: This route provides weekday service within the city limits of Round Rock between 8:00 a.m. and 5:00 p.m Authorized One-Time Payment. As the City's allocated share of local match costs for the Williamson County Transit Study, the City agrees to pay CARTS the authorized one -time payment of Five Thousand Six Hundred Twelve and No /100 ($5,612.00) Dollars. III. Duties of CARTS As consideration for the funds to be provided by the City, CARTS hereby agrees to provide the following as a condition of this Agreement: A. General public transportation for the citizens of Round Rock, with emphasis on the elderly and handicapped. Destinations shall include but not be limited to medical facilities, supermarkets, grocery stores and other merchants, post offices, doctors' offices, and the like. B. Coordination, as appropriate, with the City and with other community service providers in the provision of services to Round Rock residents. C. The services are to be provided on a Monday through Friday basis, excluding official holidays observed by CARTS. Iv. Term of Agreement and Extension Term of Agreement. The term of this Agreement shall be from April 1, 2003 through September 30, 2003. Extension. This Agreement may be extended on a month -to -month basis only upon the parties' mutual written agreement. 2 Amendment. This Agreement shall not be altered, waived, amended or extended without the parties' prior written agreement. Assignment. All provisions of this Agreement shall be binding upon the parties and each of their respective administrators, executors, successors, and assigns. CARTS shall not assign this Agreement to any other party without the express prior written consent of the City. All notices regarding assignment shall be by hand delivery or certified mail /return receipt requested as follows: CITY OF ROUND ROCK CARTS City of Round Rock 221 East Main Street Round Rock, TX 78664 V. Amendment and Assignment VI. Termination Either party may terminate this Agreement without cause upon thirty (30) days' prior written notice to the other party. Such notice shall be given as provided herein in Article V. Upon proper notice of termination, all obligations under this Agreement shall cease and the City shall only be required to fund those expenses that were actually expended up to the date of the notice of termination. VII. General and Miscellaneous Prior Written Agreements. This Agreement is without regard to any and all prior written contracts or agreements between the City and CARTS regarding any other subject or matter, and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the parties. Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, any duty or responsibility of either of the parties to undertake or not to undertake any other, or to provide or to not provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by both parties. The City shall not be obligated to fund any additional monies other than as stated herein. Governmental Inununity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either of the parties nor to create any legal rights or claim on behalf of any third party. Neither the City nor CARTS waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligation of the parties shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. 3 David Marsh, Executive Director Post Office Box 6050 Austin, TX 78762 Gender, Number and Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date above first written, when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers thereunto duly authorized. EXECUTED this /`- day of CITY OF ROUND ROCK By: -Ixw ayor ATTEST: By Christine R. Martinez, City Secretary 4 CAPITAL A TRANSPO By: 2003. Dav M cu ive Director Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Enclosure Scott Rhode Gary Coe City Manager James R. Nuse, P.E. City Attorney Stephan L Sheets ROUND ROCK, TE PURPOSE. PASSION. PROSPERITY. August 25, 2003 Mr. David Marsh Executive Director Capital Area Rural Transportation System P.O. Box 6050 Austin, TX 78762 Dear Mr. Marsh: The Round Rock City Council approved Resolution No. R 03- 08 -14- 14F4 at their regularly scheduled meeting on August 14, 2003. This resolution approves a one -time payment of $5,612.00 for the City's allocated share of the local match costs for the Williamson County Transit Study. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Tom Word at 218 -5555. Sincerely, Sherri Monroe Assistant City Secretary CITY OF ROUND ROCK Administrative Dept, 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax: 5 • www.ci.rouncl-rocktx.us