HomeMy WebLinkAboutItem 03 - NETSUTD Interlocal AgreementITEM I �--�
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: OCTOBER 7, 2003
SUBJECT: NETSUTD INTERLOCAL AGREEMENT AMENDMENT
RECOMMENDATION:
City Council to consider approval of a resolution authorizing an amendment to the
Northeast Transportation Services Urban Transit District (NETSUTD) interlocal agreement
and an appointment to the NETSUTD Board of Directors.
BACKGROUND:
In September of 2002, the City Councils of Grapevine, Hurst, Euless, Bedford, Colleyville,
North Richland Hills, Haltom City and Keller entered into an interlocal agreement to form
an Urban Transit District to provide transportation service to seniors and persons with
disabilities within their geographical boundaries (copy attached). This agreement was
necessary to maintain federal and state funding of the NETS program.
The original agreement does not specifically address the amount of local funding to be
provided by the member cities. Historically, each City has contributed $.50 per capita per
year to fund the program. Funding will continue at the same level. Documentation of the
local funding contribution is necessary to streamline the federal and state funding process
and to demonstrate the local funding commitment to the service provider, the Fort Worth
Transportation Authority (the T).
In addition, the original interlocal agreement assumed that the service provider would be
operating out of one of the participating cities. In order to save cost, the T , and its
subcontractor, the American Red Cross, have chosen to operate out of their current
locations in Fort Worth. We do not anticipate that this will have an impact on the service
level.
Finally, the interlocal agreement provides for appointments to the Board for a one year
term. In the first year, the board appointments are specified as the City Managers of each
member City. In the second year, and thereafter, the board positions may be filled at the
discretion of the City Councils of the member cities. Because, it is anticipated that the time
commitment will remain substantial for at least the next six months, staff recommends that
the City Manager be appointed to serve another term on the Board.
Staff recommends approval.
September 30, 2003 (4:40PM)
ADDENDUM NO.1 TO INTERLOCAL AGREEMENT
FOR THE NORTHEAST TRANSPORTATION SERVICES URBAN TRANSIT DISTRICT
WHEREAS, the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller,
and North Richland Hills (previously entered into an Interlocal Agreement in September 2002, to
create an urban transit district (hereinafter referred to as the "Agreement"); and
WHEREAS, the parties to the Agreement wish to amend the Agreement to more accurately
reflect the arrangement of the parties; and
WHEREAS, the governing bodies of the parties hereto have authorized their undersigned
representatives to enter into this Addendum.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the receipt and sufficiency of which are hereby affirmed, it is
agreed that:
SECTION I. All matters stated hereinabove are found to be true and correct and are
incorporated herein by reference as if copied in their entirety.
SECTION If. Revisions to the Agreement.
A. Section IV, 1. f. of the Agreement is hereby deleted. All remaining provisions of
this subsection remain in effect, and are renumbered accordingly.
B. Section IV., 4, a. of the Agreement is hereby amended in its entirety and
replaced as follows:
"The local governments will provide $.50 per capita on an annual basis for the local share of
operating cost. In addition, the cities may provide other 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."
SECTION 111. All other provisions of the Agreement shall remain in full force and effect.
SECTION IV. Effective Date and Term
This Addendum 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
1
day of 2003.
LOCAL GOVERNMENTS:
Bv:
R.D. Hurt, Mayor
CITY OF EULESS
By:
Mary Lib Saleh, Mayor
CITY OF HALTOM CITY
Bv:
Calvin White, Mayor
By:
Julie Tandy, Mayor
CITY OF COLLEYVILLE
By:
Joe Hocutt, Mayor
CITY OF GRAPEVINE
By:
William D. Tate, Mayor
CITY OF HURST
By:
William D. Souder, Mayor
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
K
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").
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 111. 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
Exhibit A
corporate city UrOitS Of each pgrh{jnmUno local gove[O08[t. Or as the area may be
changed in the future by approval of the local governments.
2. NETBUTD shall supervise the performance of this Agreement and operate an OD
demand transportation service for the elderly and disabled within the UTD.
SECTION |N' Governance
1. The NETSUTD Sh8U be exclusively governed by a board Of directors (the ^BO8nf1.
composed as follows: during the first year ofthis Aor88Ol8Dt, the City Manager Of each of the
participating |oC8| governments Sh8U S8n/e OD the Board. After the first year of this Agreement,
the City COUOCi| of each participating |OCg| government shall appoint one member to the []o8rd,
which may beamember OfCity staff oramember of the City Council.
The Board shall be authorized to OVe[G8e the 0p8rGUoO and management of the provision Of
transportation services within the NETSUTD.
1. The City of Grapevine ah@U be designated as the lead agency with regard to Federal
funding and authorized to act as the UgiSoO with all contractors and Federal regulatory
agencies and for the City Manager ofGrapevine, or the City Manager's designee, to
execute all Federal contracts and g[@OLS 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 Hi||a' or the City
Manager's deaigOee, to execute all Federal contracts and grants on behalf of the
Northeast Transportation Services Urban Transit District. All State contracts and grants
must first beapproved bythe NE7-3UTDBoard.
SECTION IV. Rights and Duties
1. Management and Operation of the System
a. The Board shall select an Independent Contractor to manage and
Operate an on demand transportation service for the elderly and disabled which
includes all properties, 8qUipment, feci|UUeS. routes, and services now or
hereafter existing for such purposes.
b. The Board Sh8U establish operational and performance standards for the
transportation service including but not United 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.
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.
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.
#�g_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.
+ h_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
4. Contributions tothe NETSUTD
8. The local
local share of operating cost. In addition, the cities may provide other
contributions, in funds or in-kind, to the NETSUTO for the enhancement of the
system. The NETSUT[} may use such contributions as matching funds as
allowed bylaw.
b. If any funds or in-kind contributions are provided by 2 local government, said
funds or in-kind contributions may be specified by the local government to be
used solely hJenhance and support the transportation services inthe contributing
local government geographical area. NETSUlFO Sh8|| maintain accounting
records that will track how the funds are used to support the public transportation
sen/ice in the contributing local government geographical area. The |008|
governments shall have the right to inspect the financial neuOndo of the
NETSUTD during regular business hours to assure compliance with this
Agreement.
C It is understood that any {Oc8| share contribution Sh3U CODStitVt8 8 current
expense of the |OC@| gOVeDlrOe[t during the year in vvhidl the cQDthbUbOD 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
g. NETSUTD may contract with kzco| gOv8Olnl8Uts for the provision of support
services such as fueling St8doOS. The |OC@\ gOVenl[nentg may contract with the
NETSUTO for services which the NETGUTO cannot provide through normal
funding sources. The local governments may contract with NETGUT[}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 ofOFnl that funds to pay such payments to the
NET@UTD are available for the current fiscal year. NETSUTO'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 NETSUTC).
6. Specific Powers
@. The NETSUTD shall have the powers of the UT0 to operate the system
including, but not limited to, the power to contract, to @CqUi[B and OVVD real and
penSOD@| pnDpertv. and to accept and expend grant funds from governments,
|ago| entities and individuals.
b. The NETSUTDshall not have the power tOtax, bJobligate local governments, to
assess local governments, orhJadopt ordinances, laws, orregulations.
C. The NETSUTD shall have the power to enter into agreements that exceed one
year only with prior approval of all participating local governments.
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.
5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS CONCERNING TRANSPORATION
SERVICES ON BEHALF OF THE NORTHEAST
TRANSPORTATION SERVICE ("NETS"), DOCUMENTING
LOCAL FUNDING CONTRIBUTION; AUTHORIZING THE
CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO
THE INTERLOCAL AGREEMENT; MAKING AN
APPOINTMENT TO THE NORTHEAST
TRANSPORTATION SERVICE URBAN TRANSIT
DISTRICT ("NETSUTD") BOARD OF DIRECTORS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine (the "City") is a member City in the Northeast
Transportation Services groups ("NETS") which provides transportation services to the
elderly and disabled; and
WHEREAS, Resolution No. 2002-37 approved an Interlocal Agreement with area
member cities to form an Urban Transit District (the "UTD") enlisting the YMCA of
Metropolitan Fort Worth to provide transportation services on behalf of NETS member
cities; and
WHEREAS, on September 29, 2003, the NETSUTD entered into a contract with
the Fort Worth Transportation Authority, the T, and its subcontractor, the American Red
Cross, to assume the transportation responsibility for the member cities; and
WHEREAS, each participating city will continue to contribute $.50 per capita per
year to fund the NETS program; and
WHEREAS, due to the anticipated time commitment invested, the City Manager
should be appointed to serve an additional term as a member of the NETSUTD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble are found to be true and
correct and are incorporated into the body of this resolution as if copied in their entirety.
Section 2. That the funding for the City shall remain at $.50 per capita per year
to fund the City's share of transportation costs and that such funding is hereby
authorized and approved.
Section 3. That the City Manager is hereby authorized to execute Addendum
No. 1 to the NETS Interlocal Agreement.
Section 4. That the City Manager is appointed to serve an additional term on the
NETSUTD Board of Directors.
Section 5. That this resolution shall take effect from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 7th day of October, 2003.
ATTEST:
RES. NO. 2