Contract - Cap Metro Transportation Authority - 10/27/2016 •
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 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 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 2017 and 2018.
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 FTA Fiscal Years 2017 and 2018. 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 any FTA
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LFJ 5307 Funds—FY 2017-2018
changes 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.
7. Capital Metro 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. 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 ("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
2017 and 2018; 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;
3. City shall comply with all provisions of FTA Circular FTA C 9030.1D, 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; and
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 2018. 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
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CMTA/Round Rock MOU
5307 Funds—FY 2017-2018
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 MOA between Capital Metro and City. No
other terms and conditions are applicable, unless amended and agreed to by both Parties.
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:
C tal Metropolitan City of Round Rock
r. ' iforta ion Aut
By: kr �/ By: f
/z..,______
Linda S. Watson Name: IVA yt MOCTIA IA)
President/CEO Title: M �
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Date: /1/17/14 Date: (n
Approved as</I
CMTA Legal Department
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CMTA/Round Rock MOU
5307 Funds—FY 2017-2018
8.2.A
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METRO
RESOLUTION
OF THE a
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CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY 0
BOARD OF DIRECTORS �°
STATE OF TEXAS °
COUNTY OF TRAVIS RESOLUTION (ID #Al-2016-234) 0
MOU with the City of Round Rock for Transit Service for 5307 funds 0
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WHEREAS, Capital Metro is the designated recipient of Section 5307 Program funds N
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apportioned by the Federal Transit Administration for the Austin urbanized area; and
a.
WHEREAS, the City of Round Rock has requested a portion of Capital Metro's Section
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5307 funds in order to support the planning, capital development and operation of
transit services for the Round Rock community, including demand response bus
service, express bus service and reverse commute bus service. M
NOW, THEREFORE, BE IT RESOLVED by the Capital Metropolitan Transportation
Authority Board of Directors that the President/CEO, or her designee, is authorized to
finalize and execute a Memorandum of Understanding with the City of Round Rock that
authorizes Round Rock to continue to be a direct recipient of a portion of Capital
Metro's FY2017 and 2018 Federal Section 5307 Program funds.
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UOI 4l4L4 .IAi: Date: November 16, 2016 0
' tary of the Board
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8.2
Capital Metropolitan Transportation Authority MEETING DATE: 11/16/2016
Board of Directors PRES-2016-4
MOU City of Round Rock
TITLE: Approval of a resolution authorizing the President/CEO, or her designee, to
finalize and execute a Memorandum of Understanding with the City of Round Rock
authorizing Round Rock to be a direct recipient of a portion of Capital Metro's FY2017
and FY2018 Federal Section 5307 Program funds.
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