Contract - Capital Area Rural Transportation System - 2/23/2017INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ROUND ROCK, TEXAS AND
CAPITAL AREA RURAL TRANSPORTATION SYSTEM
This Interlocal Agreement (the "Agreement") is made and entered into by and
between the CITY OF ROUND ROCK, TEXAS (the "City"), a home rule municipal
corporation of the State of Texas, and CAPITAL AREA RURAL TRANSPORTATION
SYSTEM ("CARTS"), a political subdivision of the State of Texas. The City and CARTS
are herein referred to as the "Parties."
WHEREAS, Texas Government Code, Chapter 791, Texas Interlocal Cooperation
Act, allows local governments and political subdivisions of the state to contract with one
another to perform governmental functions and services as set forth in 791.003(A); and
WHEREAS, CARTS is a rural/urban transit district organized under Chapter 458 of
the Texas Transportation Code; and
WHEREAS, CARTS desires to utilize an existing and unoccupied ticket office
located in the City's Downtown Transit Terminal at 300 West Bagdad Avenue, Round Rock,
Texas 78664, for operation of its programs; and
WHEREAS, the City desires for CARTS to maintain an operational facility within
the City; and
WHEREAS, entry into this Agreement would be mutually beneficial and not
detrimental to the Parties;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. AUTHORITY
This Agreement is entered into between the Parties pursuant to the authority contained
in Texas Government Code, Chapter 791, Texas Interlocal Cooperation Act. The provision is
incorporated into this Agreement and this Agreement shall be interpreted in accordance with
same.
2. PURPOSE
The purpose of this Agreement is for the City to provide a ticketing office at the
City's Downtown Transit Terminal for CARTS to utilize and maintain as set forth herein.
CARTS operation and maintenance at the City's Downtown Transit Terminal will: 1)
optimize the City's connection to the Greyhound Interstate passenger/packaging network; 2)
provide for easier connections to the City' transit services for the CARTS patrons who need
to access services within the City; and 3) provide the City's residents an avenue to connect
with Capital Metro, Austin and all points served by CARTS Interurban network.
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3. TERM
The term of this Agreement shall be for five (5) years from the date of
execution of this Agreement.
4. SERVICES
The City agrees to allow CARTS to occupy and maintain the existing and currently
unoccupied ticketing office located within the City's Downtown Transit Terminal for the
term of this Agreement for the fee set forth in Section 5 below.
CARTS agrees that staff present at the ticketing office shall represent the City's
transit program through ticket sales and the provision of pertinent information, in addition to
providing CARTS services.
CARTS agrees maintain the facility consistent with City's standards and immediately
remedy any damage caused by CARTS staff.
5. TERMS
The Parties expressly agree that CARTS shall be allowed to use and maintain the
ticketing office located in the City's Downtown Transit Terminal. In consideration for use of
the office, CARTS shall be responsible for payment of all utilities for the Downtown Transit
Terminal. Utility payments shall be made in a timely manner to the appropriate service
providers.
6. INDEMNIFICATION
CARTS shall indemnify, defend and hold harmless the City, its officers, employees
and agents from any and all costs, claims, judgments or awards of damages arising out of or
in any way resulting from negligent acts or omissions of CARTS, its officers, employees or
agents in performing services pursuant to this Agreement.
7. NOTICE
Any notice given hereunder shall be in writing, and may be effected by personal
delivery or by registered or certified mail, return receipt requested, at the address of the
respective parties indicated below:
CARTS: David L. Marsh
General Manager - CARTS
P.O. Box 6050
Austin, Texas 78762
City: City Manager
City of Round Rock
221 East Main Street
Round Rock, TX 78664
and
2
City Attorney Stephan L. Sheets
309 East Main Street
Round Rock, TX 78664
The foregoing addresses for notice may be changed by either City or CARTS by
delivering written notice of such change to the other parties, in accordance with the
requirements of this Section 6: Notice.
8. GENERAL PROVISIONS
A. Interlocal Cooperation. CARTS and City agree to cooperate with each other,
in good faith, at all times during the term hereof in order to effectuate the purposes and intent
of this Agreement. Each party hereto acknowledges and represents that this Agreement has
been duly authorized by their respective governing body.
B. Entire Agreement: Amendments. This Agreement contains the entire
agreement between the parties respecting the subject matter hereof, and supersedes all prior
understandings and agreements between the parties regarding such matters. This Agreement
may not be modified or amended except by written agreement duly executed by the parties
hereto.
C. Interpretation. The parties acknowledge and confirm that this Agreement has
been entered into pursuant to the authority granted pursuant to the Interlocal Cooperation Act.
All terms and provisions hereof are to be construed and interpreted consistently with such
Act.
D. Invalid Provisions. Any clause, sentence, paragraph or article of this
Agreement which is determined by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the
remainder of this Agreement.
E. Applicable Laws. This Agreement shall be construed in accordance with the
laws and Constitution of the United States and the State of Texas. All obligations hereunder
are performable in Williamson County, Texas, and venue for any action arising hereunder
shall be in Williamson County, Texas.
F. Termination of Agreement. This Agreement may be terminated by either
party upon thirty (30) days written notice; provided, however, that CARTS shall be
responsible for payment due to City for occupancy prior to the termination of this Agreement.
[Signatures on the following page.]
CAPITAL ARUX RUWAUTR.ANSPORTATION SYSTEM
By: / � —
Printed Name: Mlr" '.I_S
Date Signed:�-
CITY OF ROUND ROCK, TEXAS
By: /
Printed Name: VIWC4
Title:
Date Signed:
For City, Attest:
By: &.
Sara L. White, City Clerk
For CA'01-0
tBy:ts, City Attorney