R-04-03-25-14H4 - 3/25/2004RESOLUTION NO. R-04-03-25-14114
WHEREAS, 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 October
1, 2003 through September 30, 2004, 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.
The City Council hereby finds and declares that written notice of
the date, hour, place andsubject 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 25th day of March, 2004.
ST:.
LL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sectary
PFUesr.t,p'.;.,iDAA/WH2.I_D7X/0:/W7,DX/RES'JL2TI/k40325H4.WF',J/5,_
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into effective this day of 2004,
by and between CAPITAL AREA RURAL TRANSPORTATION SYSTEM ("CARTS") and the CITY
OF ROUND ROCK, ( the "City"), hereinafter referred to collectively as (the "Parties").
WITNESSETH:
WHEREAS, CARTS and the City desire to continue 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:
I.
Findings
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.
II.
Funding
Rate. In consideration for the services to be provided by CARTS, the City agrees to pay $45.00
per hour of service, with invoices to be submitted to the City by CARTS on the first (1st) of each month
covering services provided the previous month. It is expressly agreed between the Parties that service
shall not exceed Three Hundred Twenty-four (324) hours per month and One Hundred Seventy-five
Thousand Dollars ($175,000.00) per year.
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.
DATE: March 19, 2004
SUBJECT: City Council Meeting — March 25, 2004
ITEM: 14.H.4. Consider a resolution authorizing the Mayor to execute an Agreement
with the Capital Area Rural Transportation System for public
transportation services.
Department:
Staff Person:
Justification:
Transportation Services
Tom Word, Chief of Public Works Operations
This agreement will provide for continuation of public transportation services
in Round Rock for fiscal year 2003-2004, so that the Elderly and disabled
citizens will continue to receive public transportation services.
Funding:
Cost: $45.00 per hour of service, not to exceed Three Hundred Twenty-four (324)
hours per month and One Hundred Seventy-five Thousand Dollars
($175,000.00) per year.
Source of funds: General Operating Funds 19000-5480-100
Outside Resources: Capital Area Rural Transportation System
Background Information: The Capital Area Rural Transportation System (CARTS) has
provided public transportation service in Round Rock for many
years. CARTS has received funding for rural transportation
programs 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 from the rural program.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
AGREEMENT BETWEEN THE CITY OF ROUND ROCK
AND CAPITAL AREA RURAL TRANSPORTATION SYSTEM
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT is made and entered into effective this 400 day of J /0,1.61) , 2004,
by and between CAPITAL AREA RURAL TRANSPORTATION SYSTEM ("CARTS") and the CITY
OF ROUND ROCK, ( the "City"), hereinafter referred to collectively as (the "Parties").
WITNESSETH:
WHEREAS, CARTS and the City desire to continue 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:
I.
Findings
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.
II.
Funding
Rate. In consideration for the services to be provided by CARTS, the City agrees to pay $45.00
per hour of service, with invoices to be submitted to the City by CARTS on the first (1St) of each month
covering services provided the previous month. It is expressly agreed between the Parties that service
shall not exceed Three Hundred Twenty-four (324) hours per month and One Hundred Seventy-five
Thousand Dollars ($175,000.00) per year.
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.
D. CARTS shall provide to the City by the fifth (5th) of each month a report outlining the trip
details, including but not limited to, passenger type, purpose, number of days of service,
number of hours of paratransit service provided, number of hours of seasonal trips (i.e.
summer route hours, after school kids hours, etc.).
IV.
Term of Agreement and Extension
Term of Agreement. The term of this Agreement shall be from October 1, 2003 through
September 30, 2004.
Extension. This Agreement may be extended on a month-to-month basis only upon the parties'
mutual written agreement.
V.
Financial Review and Audit
Annual Report. Annually, not later than three (3) months after the end of CARTS' fiscal year,
CARTS shall file with the City's Director of Finance either an audited statement or a sworn statement
signed by an officer of CARTS, and such audited or sworn statement shall show the revenues attributable
to the operations of its services within the City pursuant to this Agreement. Such statement shall present,
in a form approved by the City Manager, a detailed breakdown of Gross Receipts/Gross Revenues. If
CARTS elects to provide an audited statement, such statement shall have been audited by an independent
Certified Public Accountant whose report shall accompany the statement.
Review and/or Audit. The City shall have the right to review CARTS' records concerning
ridership and any verified complaints, including but not limited to, CARTS' operation of the system,
timeliness of the service, and failure to provide service. If the verified complaints are greater than ten
percent (10%) of the total number of rides provided during the term of this Agreement (including any
extensions), the City may demand a refund of the funds paid under this Agreement equal to the total
percentage of verified complaints for such Agreement term (including any extensions). All of CARTS'
records under this Agreement shall, upon reasonable notice, be open to inspection and subject to audit
and/or reproduction during normal business working hours. A City representative, or an outside
representative engaged by the City may perform such audits. CARTS shall maintain all records relating to
this Agreement for three (3) years from the date this Agreement either expires or is terminated.
VI.
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
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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
VII.
Termination
David Marsh, Executive Director
Pdst Office Box 6050
Austin, TX 78762
Either party may terminate this Agreement without cause upon ninety (90) days' prior written
notice to the other party. Should either party fail to perform any of the terms, provisions, conditions or
covenants contained herein, the other party may terminate this Agreement upon thirty (30) days' prior
written notice to the defaulting party. Such notice of termination 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.
VIII.
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.
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.
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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. CIA—)
EXECUTED this O(5 day of )0.A.- L L% , 2004.
CITY OF ROUND ROCK
By:
ATTEST:
By:
axwell, Mayor
/ILL) /ftht
CAPITAL AREA
TRANSPOR `AT
By:
Christine R. Martinez, City Secretary
APPROVE AS TO FORM:
By:
Stephan
eets, City Attorney
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David Marsh, xec tive Director