R-13-04-11-G7 - 4/11/2013RESOLUTION NO. R -13-04-11-G7
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 11th day of April, 2013.
LqMA,---
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
�Rm , ME&
SARA L. WHITE, City Clerk
O:\wdox\SCClnts\0112\ 1304\MUNICIPAL\00271424.DOC/rmc
EXHIBIT
"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 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.
IL KEY TERMS
A. The Parties Mutually Agree:
1. To comply with the requirements of the Urbanized Area Formula Funding
Program (49 U.S.C. 5307);
2. Since City is not a member city of the Capital Metro transit system, City would
like to become a direct recipient of a share of the Section 5307 Program funding
apportioned to the Austin urbanized area.
3. 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 the
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 for FTA fiscal years 2013 and 2014.
4. 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 the
applicable fiscal year. If the FTA does not apportion or distribute Section 5307
funds to Capital Metro as the Designated Recipient, City will not be eligible to
receive funds as a direct recipient. If the FTA reduces the amount of Section 5307
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 the FTA's changes
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CMTA/Round Rock MOU
5307 Funds — FY 2014
HB #
to the amounts apportioned or distributed to the Austin Urbanized area under the
Section 5307.
5. Capital Metro is not obligated to provide any technical assistance or technical
support to City beyond the requirements of FTA Circular FTA C 9030.1 D.
6. City's designation as a direct recipient requires the approval by the Capital Metro
Board of Directors, and the Round Rock City Council.
B. Capital Metro Responsibility:
1. Capital Metro will remain the Designated Recipient of Section 5307 Program
funds apportioned by the FTA for the Austin urbanized area;
2. Capital Metro authorizes City to be a direct recipient of a share of the Section
5307 Program funds apportioned to the Austin urbanized area, not to exceed the
amount set forth above; and
3. Capital Metro's authorizes this designation once to include all grant applications
for Section 5307 funds submitted by City to FTA during the term of this MOU.
C. Round Rock Responsibility:
1. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
2. As a Direct Recipient, City will use Section 5307 funds to support the planning,
capital development and operation of transit services for the Round Rock
community; and
3. City shall comply with FTA Circular FTA C 9030.113, Urbanized Area Formula
Funding Program: Program Guidance and Application Instructions, Chapter IV,
Section 2, Applicants Other Than Designated Recipients (Circular), including but
not limited to providing its local share of matching;
4. 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 for 2014. The parties
may mutually agree, in writing, to extend this MOU. This MOU may be terminated or
modified by written notice of both parties. 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 thereof, this MOU may be
terminated at the option of the party not in default upon expiration of the thirty (30) day
period. This writing constitutes the entire MOU between Capital Metro and City. No
other terms and conditions are applicable, unless amended and agreed to by both parties.
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CMTA/Round Rock MOU
5307 Funds — FY 2014
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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. 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:
Linda S. Watson Alan McGraw
President/CEO Mayor
Date: Date:
Approved as to form: Attest:
Sara L. White, City Clerk
Page 3 of 3
CMTA/Round Rock MOU
5307 Funds — FY 2014
HB#
City of Round Rock
'ROUND ROCK TEXAS
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Agenda Item Summary
Agenda Number: G.7
Title: Consider a resolution authorizing the Mayor to execute a Memorandum of
Understanding with Capital Metropolitan Transportation Authority
Regarding the Provision of Federal Transit Administration Section 5307
Program Funds.
Type: Resolution
Governing Body: City Council
Agenda Date: 4/11/2013
Dept Director: Gary Hudder, Transportation Director
Cost: $0.00
Indexes:
Attachments: Resolution, Exhibit "A"
Text of Legislative File 13-148
This Memorandum of Understanding (MOU) outlines the City's and Capital Metropolitan
Transportation Authority's (Capital Metro's) agreement for the City to receive it's fair share of 5307
funds from the Federal Transit Administration, as a direct recipient, for fiscal years 2013 and 2014.
The exact amounts will be calculated based on the federal apportionment of 5307 funds Capital
Metro receives. The City is responsible for complying with all applicable Section 5307 Program
requirements including, but not limited to providing local matching funds. The MOU will expire at the
end of FY 2014.
Staff recommends approval.
City of Round Rock Page 1 Printed on 415/2013
i
EXECUTED
ORIGINAL
DOCUMEN15
FOLLOW
i
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 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 Mutually Agree:
1. To comply with the requirements of the Urbanized Area Formula Funding
Program (49 U.S.C. 5307);
2. Since City is not a member city of the Capital Metro transit system, City would
like to become a direct recipient of a share of the Section 5307 Program funding
apportioned to the Austin urbanized area.
3. 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 the
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 for FTA fiscal years 2013 and 2014.
4. 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 the
applicable fiscal year. If the FTA does not apportion or distribute Section 5307
funds to Capital Metro as the Designated Recipient, City will not be eligible to
receive funds as a direct recipient. If the FTA reduces the amount of Section 5307
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 the FTA's changes
Page 1 of 3
CMTA/Round Rock MOU
5307 Funds — FY 2014
HB #
?-V3-04---1L- 64-
to the amounts apportioned or distributed to the Austin Urbanized area under the
Section 5307.
5. Capital Metro is not obligated to provide any technical assistance or technical
support to City beyond the requirements of FTA Circular FTA C 9030.1D.
6. City's designation as a direct recipient requires the approval by the Capital Metro
Board of Directors, and the Round Rock City Council.
B. Capital Metro Responsibility:
1. Capital Metro will remain the Designated Recipient of Section 5307 Program
funds apportioned by the FTA for the Austin urbanized area;
2. Capital Metro authorizes City to be a direct recipient of a share of the Section
5307 Program funds apportioned to the Austin urbanized area, not to exceed the
amount set forth above; and
3. Capital Metro's authorizes this designation once to include all grant applications
for Section 5307 funds submitted by City to FTA during the term of this MOU.
C. Round Rock Responsibility:
1. City will remain an eligible FTA grantee for the provision of transit services and
construction of transit facilities;
2. As a Direct Recipient, City will use Section 5307 funds to support the planning,
capital development and operation of transit services for the Round Rock
community; and
3. City shall comply with FTA Circular FTA C 9030.113, Urbanized Area Formula
Funding Program: Program Guidance and Application Instructions, Chapter IV,
Section 2, Applicants Other Than Designated Recipients (Circular), including but
not limited to providing its local share of matching;
4. 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 for 2014. The parties
may mutually agree, in writing, to extend this MOU. This MOU may be terminated or
modified by written notice of both parties. 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 thereof, this MOU may be
terminated at the option of the party not in default upon expiration of the thirty (30) day
period. This writing constitutes the entire MOU between Capital Metro and City. No
other terms and conditions are applicable, unless amended and agreed to by both parties.
Page 2 of 3
CMTA/Round Rock MOU
5307 Funds — FY 2014
HB 4
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. 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:
pital Metropolitan City of Round Rock
nsporta 'on A rity,
OF
By: By:
Linda S. Watson
President/CEO
Date:
Approved as to�kfor n:
Alan McGraw
Mayor I
Date: -+• [ l - ( 3
Attest: q?/a . A*
Page 3 of 3
CMTA/Round Rock MOU
5307 Funds — FY 2014
HB #
Sara L. White, City Clerk