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HomeMy WebLinkAbout02-1134 09-24-2002RESOLUTION NO. 02 -1134 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, COLLEYVILLE, GRAPEVINE, HURST, HALTOM CITY, KELLER, AND NORTH RICHLAND HILLS TO PROVIDE ON DEMAND TRANSPORTATION SERVICES FOR THE ELDERLY AND DISABLED IN NORTHEAST TARRANT COUNTY; ESTABLISHING THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT; AUTHORIZING THE CITY OF GRAPEVINE TO ACT AS THE LEAD AGENCY WITH REGARD TO FEDERAL FUNDING; AUTHORIZING THE CITY OF NORTH RICHLAND HILLS TO ACT AS THE LEAD AGENCY WITH REGARD TO STATE FUNDING; AND DECLARING AN EFFECTIVE DATE WHEREAS, the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills desire to enter into an interlocal agreement to establish the Northeast Urban Transit District as an urban transportation system provider under Chapter 458 of the Texas Transportation Code; and WHEREAS, the intent of this agreement is to provide for an on demand transportation service for the elderly and disabled in the Northeast Tarrant County area; and WHEREAS, the City of Grapevine, Texas agrees to be the co -lead agency and recipient of Federal funds; and WHEREAS, the City of North Richland Hills, Texas agrees to be the co -lead agency and recipient of State funds; and WHEREAS, the Euless City Council finds that the agreement serves a beneficial public purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I that the Mayor is hereby authorized to execute, on behalf of the City of Euless, an interlocal agreement with the cities of Bedford, Colleyville, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills related to providing transportation services in the Northeast Tarrant County area, substantially in the form attached as Exhibit "A ". SECTION I1 That the establishment of the Northeast Transportation Services Urban Transit District is approved. SECTION III That the City of Grapevine is designated as a co -lead agency and authorized to be the liaison with all contractors and Federal regulatory agencies, and for the City Manager of Grapevine, or the City Manager's designee, to execute all Federal grants and contracts related to Federal funding on behalf of the Northeast Transportation Services Urban Transit District. Before any contract is effective, it must be reviewed by the City Manager, or designee, of each member city. SECTION IV That the City of North Richland Hills is designated as a co -lead agency and authorized to be the liaison with all contractors and State regulatory agencies, and for the City Manager of North Richland Hills, or the City Manager's designee, to execute all State grants and contracts related to State funding on behalf of the Northeast Transportation Services Urban Transit District. Before any contract is effective, it must be reviewed by the City Manager, or designee, of each member city. SECTION V That this resolution shall be in effect at the time of its adoption. PASSED AND APPROVED at a regular meeting of the Euless City Council on the 24th day of September, 2002, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Q/ ary Lib/ aleh Mayor ATTEST: an Crim, City Secretary Resolution No. 02 -1134, Page 2 of 2 Exhibit A INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement ") is being made between the local governments of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills (the "local governments ") to create an urban transit district (UTD) and to operate a public transportation system within this UTD to be named the Northeast Transportation Services Urban Transit District ( "NETSUTD "). PREAMBLE WHEREAS, the local governments agree to create an urban transit district ( "UTD ") under Chapter 458 of the Texas Transportation Code to be called the Northeast Transportation Services Urban Transit District ( "NETSUTD "); and WHEREAS, federal and state urbanized public transportation funds may be used to provide transportation services within the described area; and WHEREAS, the NETSUTD boundaries shall initially be within, but not wholly inclusive of, the Northeast Tarrant County area and may be changed in the future through growth of the area or withdrawal of a local government entity from this Agreement; and WHEREAS, the newly created NETSUTD is a political subdivision district under the laws of the State of Texas as defined by Chapter 458 of the Texas Transportation Code and Chapter 791 of the Texas Government Code; and WHEREAS, the Agreement is made under the authority of the Interlocal Cooperation Act of 1971, as amended and codified in Chapter 791 of the Texas Government Code; and WHEREAS, the governing bodies of the local governments have authorized their undersigned representatives to enter into this Agreement; THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, it is agreed that: SECTION I. Purpose The purpose of this Agreement is to provide for an on demand transportation service for the elderly and disabled to be operated within the Northeast Tarrant County area as recognized by the local governments, TxDOT, and the Governor of the State of Texas. SECTION I1. Creation of an Urban Transit District 1. Northeast Transportation Services Urban Transportation District is hereby created as an urban transit district, and the geographical area to be served by the NETSUTD shall be within, but not wholly inclusive of, the northeast portion of Tarrant County including the 1 Exhibit A corporate city limits of each participating local government, or as the area may be changed in the future by approval of the local governments. 2. NETSUTD shall supervise the performance of this Agreement and operate an on demand transportation service for the elderly and disabled within the UTD. SECTION III. Governance 1. The NETSUTD shall be exclusively governed by a board of directors (the "Board "), composed as follows: during the first year of this Agreement, the City Manager of each of the participating local governments shall serve on the Board. After the first year of this Agreement, the City Council of each participating local government shall appoint one member to the Board, which may be a member of City staff or a member of the City Council. The Board shall be authorized to oversee the operation and management of the provision of transportation services within the NETSUTD. 1. The City of Grapevine shall be designated as the lead agency with regard to Federal funding and authorized to act as the liaison with all contractors and Federal regulatory agencies and for the City Manager of Grapevine, or the City Manager's designee, to execute all Federal contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. All Federal contracts and grants must first be approved by the NETSUTD Board. 2. The City of North Richland Hills shall be designated as the lead agency with regard to State funding and authorized to act as the liaison with all contractors and State regulatory agencies and for the City Manager of North Richland Hills, or the City Manager's designee, to execute all State contracts and grants on behalf of the Northeast Transportation Services Urban Transit District. All State contracts and grants must first be approved by the NETSUTD Board. SECTION IV. Rights and Duties 1. Management and Operation of the System a. The Board shall select an Independent Contractor ( "Contractor ") to manage and operate an on demand transportation service for the elderly and disabled which includes all properties, equipment, facilities, routes, and services now or hereafter existing for such purposes. b. The Board shall establish operational and performance standards for the transportation service including but not limited to usage, on -time pick up, mileage, and priorities of service. c. The Contractor shall submit quarterly operational and performance standard reports to the Board. 2 Exhibit A d. The Contractor shall employ, furnish, and supervise employees necessary for the operation of this system. e. The Contractor shall assume the active direction of the system including transportation, maintenance, schedule preparation, accounting, purchasing and contracting, public relations, and human resources. f. Management and operation of the system shall be provided from one or more principal offices located within the UTD and approved by the Board. g. The use of public streets within the geographical area of the local governments shall be subject to the control of the local governments and such local governments may require the UTD to comply with city ordinances. h. Contractor shall submit a NETSUTD budget for approval by the local governments on an annual basis in the same form and manner as required for City Departments. The budget shall include a general budget for cost to be allocated between the participating local governments. i. Contractor shall maintain complete and accurate financial records of each expenditure. An audit of the funds and activities under this contract shall be made annually. The auditors performing the above described audit shall have access to and the right to examine all records and accounts and such other Contractor records and accounts as may be reasonably necessary to conduct and complete the audit. 2. Routes, Schedules, and Fares a. The Contractor shall manage, supervise, and operate the on demand transportation service in an efficient and economical manner. b. The service shall be operated on the schedule and with fares approved by the Board. 3. NETSUTD to Seek Grants a. The local governments shall pursue and apply for appropriate grant funding to support the system. The Board may designate one or more persons to be solely responsible for executing grant agreements and receiving and managing grant funds. b. The NETSUTD shall be responsible for complying with the obligations and responsibilities under all grants and all accompanying certifications, assurances, and agreements made or given by the Federal Transit Administration, or the Texas Department of Transportation or other entity. c. The NETSUTD shall comply with all applicable laws, regulations, ordinances, rules, guidelines, and requirements of the United States and the State of Texas and the local governments within which it provides on demand transportation service. 3 Exhibit A 4. Contributions to the NETSUTD a. The local governments may provide contributions, in funds or in -kind, to the NETSUTD for the enhancement of the system. The NETSUTD may use such contributions as matching funds as allowed by law. b. If any funds or in -kind contributions are provided by a local government, said funds or in -kind contributions may be specified by the local government to be used solely to enhance and support the transportation services in the contributing local government geographical area. NETSUTD shall maintain accounting records that will track how the funds are used to support the public transportation service in the contributing local government geographical area. The local governments shall have the right to inspect the financial records of the NETSUTD during regular business hours to assure compliance with this Agreement. c. It is understood that any local share contribution shall constitute a current expense of the local government during the year in which the contribution is made and shall not be considered or construed as a debt of the local governments in contravention of a constitutional, statutory, or charter provision. 5. Contracting With the NETSUTD a. NETSUTD may contract with local governments for the provision of support services such as fueling stations. The local governments may contract with the NETSUTD for services which the NETSUTD cannot provide through normal funding sources. The local governments may contract with NETSUTD for special services such as special event shuttle services that are not included in the day - to -day operations of the public transportation services. Each local government paying for such special services shall make these payments from current funds and the local governments hereby affirm that funds to pay such payments to the NETSUTD are available for the current fiscal year. NETSUTD's provision of any special contractual services shall not interfere with or reduce the quality of service being provided by the public transportation system within the NETSUTD. 6. Specific Powers a. The NETSUTD shall have the powers of the UTD to operate the system including, but not limited to, the power to contract, to acquire and own real and personal property, and to accept and expend grant funds from governments, legal entities and individuals. b. The NETSUTD shall not have the power to tax, to obligate local governments, to assess local governments, or to adopt ordinances, laws, or regulations. c. The NETSUTD shall have the power to enter into agreements that exceed one year only with prior approval of all participating local governments. 7. Legal Liability 4 Exhibit A a. The NETSUTD shall be a government unit performing as an institution of the local governments and as authorized by Chapter 458 of the Government Code, and shall have the immunities and liabilities as provided under the Texas Civil Practices and Remedies Code. b. The Contractor selected by the NETSUTD shall indemnify NETSUTD and the local governments and hold them harmless from any claims, causes of action, damages, attorney fees, costs, suits, or liability. The Contractor shall obtain and maintain insurance, naming NETSUTD and the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, and North Richland Hills as additional insureds, in an amount sufficient to cover the maximum joint and several liability (if any) of all parties under the Texas Tort Claims Act (as amended) for all claims, suits, causes of action, damages, attorney fees, and costs, arising out of or related to acts or omissions in the maintenance or operations for the provision of transportation services. The Contractor shall obtain and maintain Workers' compensation insurance in an amount sufficient to cover the statutory requirements. The Contractor shall provide certificates of insurance to parties upon request. 8. Interruption of Service a. The NETSUTD shall not be liable to the local governments for any failure, delay, or interruption of service or for any failure or delay in the performance of any duties and obligations under this Agreement or similar acts beyond the control of the NETSUTD. 9. Captions and Severability a. The descriptive captions of this Agreement are for informational purposes only and shall not limit nor affect the terms and conditions of the paragraphs. b. The sections, paragraphs, sentences, clauses, and phrases of this Agreement are severable, and if any designated portion is declared invalid, such invalidity shall not affect any remaining portions of this Agreement. SECTION V. Dissolution and Amendment 1. Any local government may withdraw from this Agreement for the coming fiscal year upon written notice to the NETSUTD on or prior to July 1 of each year. Should a local government withdraw from this Agreement, the boundaries of the NETSUTD service area shall be revised the first day of the fiscal year (October 1) to exclude the corporate city limits of that local government. When a local government withdraws from this Agreement, the local government will forfeit its share of net assets and capital equipment acquired by NETSUTD with funds or matching funds provided through 49 United States Code, Section 5307 during the time in which the local government was a party to this Agreement. 2. The UTD, as a government unit, may be dissolved by withdrawal of all local governments. Upon dissolution, the net assets of the UTD shall be disposed in 5 2. The UTD, as a government unit, may be dissolved governments. Upon dissolution, the net assets of the accordance with the agreement of the cities and laws of United States. 3. This Agreement may be amended by the approval of participating local government. by withdrawal of all local UTD shall be disposed in the State of Texas and the the City Councils of each SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by the City Council of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this /7 r'� day of LOCAL GOVERNMENTS: CITY OF BEDFORD By: John F. Murphy, Mayor Do na Arp, Mayor CITY OF EULESS CITY OF GRAPEVINE By: By: Mary Lib Saleh, Mayor William D. Tate, Mayor CITY OF HALTOM CITY CITY OF HURST By By Glavin White, Mayor William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: By: Dave Phillips, Mayor Oscar Trevino, Mayor CITY OF OLLEYVILLE By: 2002. 6 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this LOCAL GOVERNMENTS: CITY OF BEDFORD day of 002. CITY OF COLLEYVILLE By: By: Donna Arp, Mayor CITY OF GRAPEVINE By: By: William D. Tate, Mayor CITY OF HALTOM CITY CITY OF HURST By: By: Calvin White, Mayor William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: By: Dave Phillips, Mayor Oscar Trevino, Mayor Jo Murphy CITY OF EULESS Mary Lib Saleh, Mayor 6 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this day of 2002. LOCAL GOVERNMENTS: CITY OF BEDFORD CITY OF COLLEYVILLE By: By: John F. Murphy, Mayor Donna Arp, Mayor CITY OF EULESS CITY OF GRAPEVINE By: By: Mary Lib Saleh, Mayor William D. Tate, Mayor CITY OF HALTOM CITY , f CITY OF HURST By: eS . By: Calvin White, Mayor William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: By: Dave Phillips, Mayor Oscar Trevino, Mayor 6 accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this day of 2002. LOCAL GOVERNMENTS: CITY OF BEDFORD CITY OF COLLEYVILLE �,� 0ftAPg ` John F. Murphy, Mayor Donna Arp, Mayor +� -S ,� �� 1W� /\ fist % : %o,i y e •. i By: By: APPROVED BY COUNCIL. Mary Lib Saleh, Mayor William D. Tate, Mayor CITY OF HALTOM CITY By: CITY OF EULESS CITY OF GRAPEVINE CITY OF HURST By: Calvin White, Mayor William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: By: Dave Phillips, Mayor Oscar Trevino, Mayor 6 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this 23`' day of September 2002. LOCAL GOVERNMENTS: CITY OF BEDFORD CITY OF COLLEYVILLE By: By: John F. Murphy, Mayor Donna Arp, Mayor CITY OF EULESS - CITY OF GRAPEVINE By: By: Mary Lib Saleh, Mayor CITY OF HALTOM CITY By: Calvin White, Mayor CITY OF KELLER By: Dave Phillips, Mayor William D. Tate, Mayor CITY OF HURST By: William D. Souder, Mayor CITY e NORT CHLAND HILLS _ /kg! ;scar Trevino, Mayor By. 6 2. The UTD, as a government unit, may be dissolved governments. Upon dissolution, the net assets of the accordance with the agreement of the cities and laws of United States. 3. This Agreement may be amended by the approval of participating local government. Exhibit A by withdrawal of all local UTD shall be disposed in the State of Texas and the the City Councils of each SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this LOCAL GOVERNMENTS: CITY OF BEDFORD By: John F. Murphy, Mayor CITY OF EULESS By: Mary Lib Saleh, Mayor CITY OF HALTOM CITY By: Calvin White, Mayor CITY OF KELLER By: Dave Phillips, Mayor day of CITY OF COLLEYVILLE 2002. By: Donna Arp, Mayor CITY OF GRAPEVINE By: William D. Tate, Mayor CITY OF HURST By: ick„.ty Iliam D. Souder, Mayor CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor 6 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duty authorized representatives. SIGNED AND AGREED TO this`—day of LOCAL GOVERNMENTS: CITY OF BEDFORD 2002. CITY OF COLLEYVILLE By: By: John F. Murphy, Mayor CITY OF EULESS �{ B` /(� _f(� Mary Li Saleh, Mayor CITY OF HALTOM CITY By: Donna Arp, Mayor CITY OF GRAPEVINE By: William D. Tate, Mayor CITY OF HURST By: Calvin White, Mayor William D. Souder, Mayor CITY OF KELLER CITY OF NORTH RICHLAND HILLS By: By: Dave Phillips, Mayor Oscar Trevino, Mayor 6 Exhibit A accordance with the agreement of the cities and laws of the State of Texas and the United States. 3. This Agreement may be amended by the approval of the City Councils of each participating local government. SECTION VI. Effective Date and Term 1. This Agreement shall take effect when adopted by both the City Councils of each of the participating local governments. IN WITNESS WHEREOF, the parties hereto have executed this A authorized representatives. SIGNED AND AGREED TO this /(t day of LOCAL GOVERNMENTS: CITY OF BEDFORD ement by their duty- CITY OF COLLEYVILLE 2002. By: By: John F. Murphy, Mayor Donna Arp, Mayor CITY OF EULESS CITY OF GRAPEVINE By: By: Mary Lib Saleh, Mayor William D. Tate, Mayor CITY OF HURST By: William D. Souder, Mayor CITY F KELLER CITY OF NORTH RICHLAND HILLS By: CITY OF HALTOM CITY By: Calvin White, Mayor David C. Phillips, M 6 Oscar Trevino, Mayor