Z-05-04-14-13B3 - 4/14/2005 (2)RESOLUTION NO. R -05-04-14-14B3
WHEREAS, Chapter 791 of the .Texas Government Code, V.T.C.A.,
authorizes local governments and agencies of the state to enter into
agreements with one another to perform governmental functions and
services, and
WHEREAS, the City of Round Rock wishes to enter into an
Interlocal Agreement with the Capital Metropolitan Transit Authority to
receive the City's allocation of Federal Transit Administration Section
5307 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 an Interlocal Agreement with the Capital
Metropolitan Transit Authority, a copy of same being attached hereto as
Exhibit "A" and incorporated herein for all purposes.
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 April, 20
iyti) te./)
CHRISTINE R. MARTINEZ, City Secre
@PFDesktop\::ODMA/WORLDOX/0:/WDUX/RESOLUTI/R50414E3.WPD/sc
NY
Mayor
Cit of Round Rock, Texas
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
This INTERLOCAL AGREEMENT is made and entered into effective this
day of the month of , 2005, by and between the CAPITAL
METROPOLITAN TRANSIT AUTHORITY (the "CMTA"), an entity created pursuant
to Texas statutes, and the CITY OF ROUND ROCK, TEXAS (the "City"), a home -rule
municipality which is a political subdivision of the state of Texas, for the purpose of
accessing the City's share of Federal Transit Administration Section 5307 funding.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, entitled the "Texas
Interlocal Cooperation Act," provides that any one or more public agencies may contract
with each other for the performance of governmental functions or services for the
promotion and protection of the health and welfare of the inhabitants of this state and the
mutual benefit of the parties; and
WHEREAS, the CMTA has been working with the City on creating a
comprehensive mobility strategy to assist the citizens of Round Rock in obtaining
effective public transportation services; and
WHEREAS, the CMTA recently completed a Section 5307 Allocation Strategy
study regarding the allocation, distribution, and future availability of Federal Transit
Administration (FTA) Section 5307 funding, which is generated by the Round Rock
community as part of the Austin Urbanized Area Section 5307 formula allocation; and
WHEREAS, the City desires to use its fair share of the Austin Urbanized Area
Section 5307 funding to support the planning, capital development, and (if appropriate)
CMTA/Round Rock Interlocal Agreement
00085018/jkg
1
1
EXHIBIT
operation of public transit to serve its community including paratransit, fixed route, and
express commuter services; and
WHEREAS, the CMTA Board of Directors has approved the Section 5307 study
and its recommended distribution formula as indicated in Exhibit A; and
WHEREAS, the distribution formula for FY 2006 to FY 2008 identifies
$910,254.00 in FTA Section 5307 funding, based upon the Transportation Equity Act for
the 21St Century (TEA -21), as the minimum amount of the Urbanized Area Section 5307
allocation that will be available to the City for its transit efforts for the FY 2006 to FY
2008 period; and
WHEREAS, the City has requested the CMTA's assistance to establish the City
of Round Rock as an eligible federal grantee pursuant to the procedures of the FTA; and
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein contained, the CMTA and the City agree as follows:
I.
FINDINGS
The recitals set forth above are incorporated herein for all purposes and are found
by the parties to be true and correct. It is further found and determined that the CMTA
and the City have authorized and approved this Interlocal Agreement by resolution or
appropriate order duly adopted by their respective bodies, and that this Interlocal
Agreement shall be in full force and effect when approved by each party.
Il.
CONTRACTUAL ACTIONS AND AGREEMENTS
1. The CMTA will support the City's request to the Federal Transit Administration
(FTA) for federal grantee status as an eligible recipient of federal transit funding.
2. The CMTA will provide the City a minimum of $910,254.00, which represents
Round Rock's fair share of FTA Section 5307 Austin Urbanized Area
apportionment in accordance with TEA -21 data for the FY2006 to FY2008
CMTA/Round Rock Interlocal Agreement
00085018/jkg
2
period, to be utilized for planning, development, and operation of public transit
services, and additionally the CMTA will provide the City a minimum of
$350,000.00 out of the Section 5307 Austin Urbanized Area apportionment for
FY 2004 and FY 2005 transportation services provided through the Capital Area
Rural Transit System (CARTS) or similar provider.
The amount of CMTA Section 5307 funds to be provided to the City for the
FY2006 to FY2008 operating period will be adjusted upward contingent on FTA
Section 5307 large urban area funding allocation established through the
Reauthorization of TEA -21.
To obtain such Section 5307 funding, the City shall provide monthly invoices to
the CMTA which delineate the services provided (i.e. revenue hours, ridership)
and total cost. The CMTA shall then provide the City with the maximum eligible
Section 5307 monies within thirty (30) days of receipt of invoice.
3. Co -incident to this Interlocal Agreement, the City is entering into an agreement
with The Goodman Company entitled "Agreement for Consulting Services with
The Goodman Company in Cooperation with Capital Metropolitan Transit
Authority (CMTA) for Strategic Finance and Implementation Plan," and such
agreement is for consulting services relating to creation of a strategic finance and
implementation plan that will compliment existing transit recommendations
previously developed for the City under contract with PB Consult, Inc. and
embodied in the PB Consult Transit Plan (2003). Under such agreement, the City
is obligated to pay The Goodman Company the sum of $125,000.00. From
Section 5307 funding, the CMTA shall reimburse the City eighty percent (80%)
of such amount, that being $100,000.00, and such amount shall be paid on a
monthly basis as invoiced by the City, and payments shall be due within thirty
(30) days of receipt of invoice. The City shall be responsible for its local share of
twenty percent (20%) of the entire amount of The Goodman Company contract,
that being $25,000.00.
4. The City shall provide the CMTA with FTA Certifications and Assurances which
confirm that the City has the legal, technical and financial capacity to undertake
responsibilities associated with Section 5307 funding.
5. The City agrees to expend all federal funding provided to it through the CMTA's
Austin Urbanized Area Section 5307 allocation in a manner consistent with and in
compliance with federal regulations.
6. The City shall hold the CMTA harmless and indemnify the CMTA for any
liability, lawsuits, and other actions that may arise due to the federal financial
support to be provided herein.
7. It is expressly understood and agreed that, should the City ever opt in the CMTA
service area, then and in that event this agreement will be null and void and
CMTA will absorb all existing transit services within the City's system.
CMTA/Round Rock Interlocal Agreement
00085018/jkg
3
II1.
GENERAL AND MISCELLANEOUS
1. Term and Termination. This Agreement shall continue in force and effect for
forty-eight (48) months after the effective date hereof.
2. Prior Written Agreements. This Agreement is made without regard to any and
all prior written or oral contracts or agreements between the CMTA and the City
regarding this or any other subject matter, and this Agreement does not modify, amend,
ratify, confirm or renew any prior contracts or agreements between the parties.
3. 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 service, or to provide or not to provide any service, except as
specifically set forth in this Agreement or in a separate written instrument executed by
both parties.
4. 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 claims on behalf of any third party. Neither the CMTA
nor the City 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.
5. Amendments and Modifications. This Agreement may not be amended or
modified except in writing and executed by both the CMTA and the City, and authorized
by their respective governing bodies.
6. 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(s), and the
rights and obligations 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.
CMTA/Round Rock Interlocal Agreement
00085018/jkg
4
7. 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 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 to this Agreement
by their officers duly authorized.
CAPITAL METROPOLITAN TRANSIT AUTHORITY (CMTA)
By:
Printed Name:
Title:
Date:
ATTEST:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
CMTA/Round Rock Interlocal Agreement
00085018/jkg
5
EXHIBIT "A"
Example of Approved Section 5307 Allocation
Population Allocation
City
2000 UZA
Population (x)
FTA 2003
Formula Factor
(=) Population
Allocation
Round Rock
61,136
$2.88709208
$176,505
Population Density Allocation
2000 UZA
Population (x)
2000 Population
Density (x)
FTA 2003
Formula Factor
(—) Population
Density Allocation
Round Rock
61,136
2,835
$0.00073225
$126,913
TOTAL ALLOCATION
$303,418
CMTA/Round Rock Interlocal Agreement
00085018/jkg
6
DATE: April 8, 2005
SUBJECT: City Council Meeting - April 14, 2005
ITEM: 14.6.3. Consider a resolution authorizing the Mayor to execute an Interlocal
Agreement with Capital Metro to receive the City's allocation of Federal
Transit Administration Section 5307 funds.
Department: Finance Department
Staff Person: Cindy Demers, Director of Finance
Tom Word, Chief of Public Works Operations
Justification:
The Capital Metro Transit Authority recently completed a Section 5307 Allocation Strategy study
regarding the allocation, distribution, and future availability of Federal Transit Administration (FTA)
Section 5307 funding, which is generated by the Round Rock community as part of the Austin
Urbanized Area Section 5307 formula allocation. The City desires to use its fair share of the Austin
Urbanized Area Section 5307 funding to support the planning, capital development, and (if
appropriate) operation of public transit to serve its community including paratransit, fixed route, and
express commuter services. This interlocal agreement sets forth the terms by which the City of
Round Rock can access the federal funding through Capital Metro.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Capital Metro Transit Authority
The Goodman Company
Background Information:
As a result of the 2000 census, the City of Round Rock was reclassified from a rural area to part of
the Austin urbanized area for federal transportation funding purposes. This reclassification resulted
in the Austin urbanized area federal grantee, Capital Metro, becoming the City's contact for access to
the City's share of federal transit funding.
Public Comment: N/A
INTERLOCAL AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
II II This INTERLOCAL AGREEMENT is made and entered into effective this
�l day of the month of h f L, , 2005, by and between the CAPITAL
METROPOLITAN TRANSIT AUTHORITY (the "CMTA"), an entity created pursuant
to Texas statutes, and the CITY OF ROUND ROCK, TEXAS (the "City"), a home -rule
municipality which is a political subdivision of the state of Texas, for the purpose of
accessing the City's share of Federal Transit Administration Section 5307 funding.
RECITALS
WHEREAS, V.T.C.A., Government Code, Chapter 791, entitled the "Texas
Interlocal Cooperation Act," provides that any one or more public agencies may contract
with each other for the performance of governmental functions or services for the
promotion and protection of the health and welfare of the inhabitants of this state and the
mutual benefit of the parties; and
WHEREAS, the CMTA has been working with the City on creating a
comprehensive mobility strategy to assist the citizens of Round Rock in obtaining
effective public transportation services; and
WHEREAS, the CMTA recently completed a Section 5307 Allocation Strategy
study regarding the allocation, distribution, and future availability of Federal Transit
Administration (FTA) Section 5307 funding, which is generated by the Round Rock
community as part of the Austin Urbanized Area Section 5307 formula allocation; and
WHEREAS, the City desires to use its fair share of the Austin Urbanized Area
Section 5307 funding to support the planning, capital development, and (if appropriate)
CMTA/Round Rock Interlocal Agreement
00085018/jkg
p-05-oq_lq-1443
operation of public transit to serve its community including paratransit, fixed route, and
express commuter services; and
WHEREAS, the CMTA Board of Directors has approved the Section 5307 study
and its recommended distribution formula as indicated in Exhibit A; and
WHEREAS, the distribution formula for FY 2006 to FY 2008 identifies
$910,254.00 in FTA Section 5307 funding, based upon the Transportation Equity Act for
the 21st Century (TEA -21), as the minimum amount of the Urbanized Area Section 5307
allocation that will be available to the City for its transit efforts for the FY 2006 to FY
2008 period; and
WHEREAS, the City has requested the CMTA's assistance to establish the City
of Round Rock as an eligible federal grantee pursuant to the procedures of the FTA; and
NOW, THEREFORE, in consideration of the mutual covenants and agreement
herein contained, the CMTA and the City agree as follows:
I.
FINDINGS
The recitals set forth above are incorporated herein for all purposes and are found
by the parties to be true and correct. It is further found and determined that the CMTA
and the City have authorized and approved this Interlocal Agreement by resolution or
appropriate order duly adopted by their respective bodies, and that this Interlocal
Agreement shall be in full force and effect when approved by each party.
II.
CONTRACTUAL ACTIONS AND AGREEMENTS
1. The CMTA will support the City's request to the Federal Transit Administration
(FTA) for federal grantee status as an eligible recipient of federal transit funding.
2. The CMTA will provide the City a minimum of $910,254.00, which represents
Round Rock's fair share of FTA Section 5307 Austin Urbanized Area
apportionment in accordance with TEA -21 data for the FY2006 to FY2008
CMTA/Round Rock Interlocal Agreement
00085018/jkg
2
period, to be utilized for planning, development, and operation of public transit
services, and additionally the CMTA will provide the City a minimum of
$350,000.00 out of the Section 5307 Austin Urbanized Area apportionment for
FY 2004 and FY 2005 transportation services provided through the Capital Area
Rural Transit System (CARTS) or similar provider.
The amount of CMTA Section 5307 funds to be provided to the City for the
FY2006 to FY2008 operating period will be adjusted upward contingent on FTA
Section 5307 large urban area funding allocation established through the
Reauthorization of TEA -21.
To obtain such Section 5307 funding, the City shall provide monthly invoices to
the CMTA which delineate the services provided (i.e. revenue hours, ridership)
and total cost. The CMTA shall then provide the City with the maximum eligible
Section 5307 monies within thirty (30) days of receipt of invoice.
3. Co -incident to this Interlocal Agreement, the City is entering into an agreement
with The Goodman Company entitled "Agreement for Consulting Services with
The Goodman Company in Cooperation with Capital Metropolitan Transit
Authority (CMTA) for Strategic Finance and Implementation Plan," and such
agreement is for consulting services relating to creation of a strategic finance and
implementation plan that will compliment existing transit recommendations
previously developed for the City under contract with PB Consult, Inc. and
embodied in the PB Consult Transit Plan (2003). Under such agreement, the City
is obligated to pay The Goodman Company the sum of $125,000.00. From
Section 5307 funding, the CMTA shall reimburse the City eighty percent (80%)
of such amount, that being $100,000.00, and such amount shall be paid on a
monthly basis as invoiced by the City, and payments shall be due within thirty
(30) days of receipt of invoice. The City shall be responsible for its local share of
twenty percent (20%) of the entire amount of The Goodman Company contract,
that being $25,000.00.
4. The City shall provide the CMTA with FTA Certifications and Assurances which
confirm that the City has the legal, technical and financial capacity to undertake
responsibilities associated with Section 5307 funding.
5. The City agrees to expend all federal funding provided to it through the CMTA's
Austin Urbanized Area Section 5307 allocation in a manner consistent with and in
compliance with federal regulations.
6. The City shall hold the CMTA harmless and indemnify the CMTA for any
liability, lawsuits, and other actions that may arise due to the federal financial
support to be provided herein.
7. It is expressly understood and agreed that, should the City ever opt in the CMTA
service area, then and in that event this agreement will be null and void and
CMTA will absorb all existing transit services within the City's system.
CMTA/Round Rock Interlocal Agreement
00085018/jkg
3
III.
GENERAL AND MISCELLANEOUS
1. Term and Termination. This Agreement shall continue in force and effect for
forty-eight (48) months after the effective date hereof.
2. Prior Written Agreements. This Agreement is made without regard to any and
all prior written or oral contracts or agreements between the CMTA and the City
regarding this or any other subject matter, and this Agreement does not modify, amend,
ratify, confirm or renew any prior contracts or agreements between the parties.
3. 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 service, or to provide or not to provide any service, except as
specifically set forth in this Agreement or in a separate written instrument executed by
both parties.
4. 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 claims on behalf of any third party. Neither the CMTA
nor the City 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.
5. Amendments and Modifications. This Agreement may not be amended or
modified except in writing and executed by both the CMTA and the City, and authorized
by their respective governing bodies.
6. 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(s), and the
rights and obligations 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.
CMTA/Round Rock Interlocal Agreement
00085018/jkg
4
7. 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 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 to this Agreement
by their officers duly authorized.
CAPITAL METROPOLITAN TRANSIT AUTHORITY (CMTA)
By: L�
Printed Name:YeDe i ((i Q r�
Title: PIr? 1 iivk— 1 o
Date: 14-115) p
ATTEST::
Cyvrtttic� l-�2� ralloet
CITY OF ROUND ROCK, TE
By:
Pri
Title:
Date:
ATTEST:
Itt hj't ,) /3 . )) i(ti nk-
Christine R. Martinez, City Secretary
A ; P' • VED AS TO FORM:
Steph. L. Sheets, City Attorney
CMTA/Round Rock Interlocal Agreement
00085018/jkg
5
EXHIBIT "A"
Example of Approved Section 5307 Allocation
Population Allocation
City
2000 UZA
Population (x)
FTA 2003
Formula Factor
(=) Population
Allocation
Round Rock
61,136
$2.88709208
$176,505
Population Density Allocation
2000 UZA
Population (x)
2000 Population
Density (x)
FTA 2003
Formula Factor
(-) Population
Density Allocation
Round Rock
61,136
2,835
$0.00073225
$126,913
TOTAL ALLOCATION
$303,418
CMTA/Round Rock Interlocal Agreement
00085018/jkg
6