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HomeMy WebLinkAboutItem 07 - Northeast Transportation Service Urban Transit DistrictITEM 0 ■..� -- MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER ' 'j� MEETING DATE: SEPTEMBER 17, 2002 SUBJECT: NETS INTERLOCAL AGREEMENT AND RESOLUTION RECOMMENDATION: City Council consider a resolution and an interlocal agreement establishing the Northeast Transportation Service Urban Transit District. FUNDING SOURCE: No funding required. BACKGROUND: The purpose of this Resolution and Interlocal Agreement is to establish an Urban Transit District to provide on demand transportation services to the elderly and disabled in Northeast Tarrant County, specifically within the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller and North Richland Hills. This service is being provided through the Northeast Transportation Service (NETS) currently operated by YMCA Urban Services. However, because of changes in the way this program is receiving Federal funds, the Federal Transit Administration (FTA) and the Texas Department of Transportation (TxDOT) recommend that these cities form an Urban Transit District in order to cooperatively oversee this program. The City Manager and members of the Management Staff of each of these cities have been meeting periodically over the last several months to address NETS funding and operational issues, and to discuss the formation of an Urban Transit District (UTD) as recommended by TxDOT and the FTA. The general consensus is that the formation of a UTD would be beneficial for several reasons. First, the formation of this district would formally distribute responsibility for the NETS program among all of the participating cities. Second, the formation of the UTD will include the establishment of a board that will oversee the management and operation of the NETS service, which will give the participating cities direct and formal oversight of this transportation service. Finally, the UTD board will be able to set and enforce operational standards for the program. September 11, 2002 (11:25AM) Generally, the Interlocal Agreement provides the following: • The geographic area of the UTD is the corporate city limits of all the participating cities. • The UTID shall supervise the performance of the interlocal agreement and the operation of the NETS program. • The UTID shall be governed by a board. The first year, the board will be made up of the City Manager of each participating city. In future years, the City Council of each participating city will appoint a member to the board (an elected official or a member of City Staff). Staff recommends approval. JCH September 11, 2002 (11:25AM) A57-,_5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITIES OF BEDFORD, COLLEYVILLE, EULESS, NORTH RICHLAND HILLS, HURST, HALTOM CITY, AND KELLER 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, North Richland Hills, 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 North Richland Hills City Council finds that the agreement serves a beneficial public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Mayor is hereby authorized to execute, on behalf of the City, an interlocal agreement with the Cities of Bedford, Colleyville, Euless, North Richland Hills, Haltom City, Hurst, and Keller related to providing transportation services in the Northeast Tarrant County area, substantially in the form attached as Exhibit "A". Section 2. That the establishment of the Northeast Transportation Services 49 Urban Transit District is approved. Section 3. 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 4. 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 5. That this resolution shall be in effect at the time of its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of September, 2002. ATTEST: ATTEST: RES. NO. 2 Exhibit A INTERILOCAL AGREEMENT This |Ot8dOC@| Aor8erDe[d�he°AoF88nOen�made being 8d� be�ve8nth8 |OC3\ governments of (�VU' i- Euless,, �|8SS. Grapevine, H8|U]Dl Cih/, Hurst, Keller, and North Ch|8Od Hills (the "k]C�| governments") to create an U[b8O transit district (UTD) and to operate @ pUb|\C ` transportation system within UligUTOh]beDa[DedUleNOrthe8StTr8OSpOrt@dOOServiCeSU[bGO Transit District ("NETSUT[}"). WHEREAS, the local governments agree tOcreate 3O urban transit district (^UTY) under Chapter 458 Of the Texas Transportation Code 03 be called the Northeast Transportation Services Urban Transit District ("NET5UTD");and WHEREAS, federal and state Vd]8OiZed 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 vVithd[8vv8} of |OC8| government entity from this Agreement; and WHEREAS, the Devv|y created NET8UT[) is 8 pO|\tiC@| subdivision district under the |avv8 Of the State of Texas GS defined by Chapter 458 of the Texas Transportation Code and Chapter 781Ofthe 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 b}enter into this Agreement; THEREFORE, for and in CQOsid8r8tOO of the OlUtU8| pnJOliS8S and covenants contained in this Agreement, it is agreed that: SECTION 1. Purpose The purpose Ofthis AoFeeOlertiSk}provide for @DOnd8nl8nd�3nSDO�8tOOsen�C8for the elderly and disabled to b- operated within the Northeast Tarrant CnUOtv area as recognized by the local governments, TxDDT.and the Governor Cfthe State ofTexas. SECTION Ill. Creation of an Urban Transit District 1. Northeast Transportation Services Urban Transportation District ishereby created as an urban transit district, and the geographical area to be served by the NETGUT[> Sh@U be vVithiM, but not wholly inclusive Of, the northeast portion of Tarrant COUOtv including the 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 111. 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 Federal 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 DLAies 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 eOlp|OyeeSngC8Ss@ryfOrthG operation of this system. e. The CODt[aCtV[ Sh@U aSSu[D8 the 8CtiV8 direction of the SyStSOl including transportation, maintenance, schedule preparation, accounting, pUnCh8SiOg and contracting, public relations, and human resources. f.K88D8g8nleOt and Op8[8tiOD of the SySt8rn Sh8|| be provided from one or more principal offices located within the UTDand approved bythe Board. g. The use ofpublic streets within the geographical area of the |Oc8| QDve[OFO8OtS Sh8|\ be subject to the COntn3| Of the |oC3| g0v8FOnlen\3 and such |OC8l governments may require the UTOtOcomply with city ordinances. h. Contractor Sh8\! submit @ NETSUT[> budget for approval by the |OC8| governments on an annual basis inthe same form and manner as required for City Departments. The budget Sh8|\ iOC|Ud8 a general budget for COSt to be allocated between the participating local governments. Contractor Sh@U maintain cODlp|8fe and 8CCUr@tS 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 8CCeSG to and the right to BX8nnine all records and 8coOUntS and such other Contractor records and accounts as may be reasonably necessary to conduct and complete the audit. 2. Routes, Schedules, and Fares 8. The C0[tr@CtO[ shall OO8D8g8' supervise, and DD8[@t8 the OD demand transportation service in an efficient and economical manner. b. The service shall be operated VOthe schedule and with fares approved by the 3. NETSUTD to Seek Grants 8. The |OC8} gOveDlnleDLS shall pursue and apply for appropriate grant funding to support the svot8nl. The Board may designate one Ormore persons tObesolely responsible 'r8xeCUhnQ grant agreements and receiving and managing grant funds. b. The NET5UTO 3h8U be responsible for C0rOolyiOg with the obligations and nSSpOn8ibi|ih8S under all grants and all @CCOrDp@Oying certifications, @S5UnanDes. and agreements nO8d8 OF given by the Federal Transit AdrninistraUoD, or the Texas Department of Transportation or other entity. C. The NETSUTD shall comply with all applicable |8vVS, regulations, OrdinanCeS, nu\eS. guidelines, and requirements of the United States and theState of Texas and the |OCa| gOv8rDDlBnbG within which it provides On demand transportation 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 2 Exhibit A 8, The NET8UTD Sh8!| be G government unit performing as an institution of the |DC@\ gOveonnl8OtS and as authorized by Chapter 458 of the GOvenl[nerd Code, and Sh8U have the inlDlUOitieS and liabilities as provided under the Texas Civil Practices and Remedies Code. b. The Contractor selected by the NETSi]TO shall iDd8DlDif« NETSUT[) and the local gOV8[nDl8ntS and hold them harmless from any claims, causes of action, d8Dl8geS' attorney fees, COS\S, SUitS, or liability. The Contractor shall obtain and rO8iDt8iO \OSU[8Oce. naming NET-SUTD and the CiU8S Of Bedford, C0||eyvi||e' EU|eSS, Grapevine, H8|tOFn City, HU[St, Keller, and North Richland Hills as additional iOSU[8d3. in an 8nlOUnt sufficient to cover the [O8XiOlurO joint and SeVeng| liability (if @Dy) Of all parties under the Texas Tort Q8i[na Act (8S @Dl8Dd8d) fO[ all claims, SUitS, causes of action, damages, attorney fees. and COstS' 8[i�SiDg out Of OF related LO acts or omissions in the maintenance or Ope[3ti0OS for the provision of transportation services. The Contractor ShG|\ obtain and maintain Workers' compensation iDSu[8nC8 in an amount sufficient tO cover the statutory requirements. The CoOb8CtO[ Sh8|| provide certificates Of insurance tOparties upon request. 8. Interruption of Service @. The NETSUTO Sh@U not be liable to the |oC3| governments for any failure, d8|8y. Or iOheOoDtiOO of service Orfor any failure or delay in the performance Of any duties and obligations under this Agreement Orsimilar acts beyond the control Of the NETSUT[}. Q. Captions and Severability @. The descriptive C8DtiOOS of this Agreement are for informational pUrpOS8S only and shall not limit nor affect the terms and conditions of the paragraphs. b. The seCtk}OS. p8[8g[8phS. 38ntenC8S' clauses, and ph[BS8S of this Agreement are S8Yer8b|e, and if any designated pOrbOO is declared invalid, such invalidity shall not affect any remaining portions Ofthis 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 NETSUT[} OO or prior to July 1 Of each year. Should 8 |OC3| gDV8[Orn8Ot vvithdn3vv from this Agr8enn8Ot, the boundaries of the NETSUT[} service area shall berevised the first day Ofthe fiscal year (October 1)to exclude the corporate Ci�V `' limits Of that |OC@l government. When a |Oc8| government withdraws from this city equipment acquired by NETSUTD with funds Or matching funds provided through 49 United States Code, Section 5307 during the time in which the |Oc8\ government was @ party to this Ag[88nleOL 2. The UTD, as 8 gOVe[OrO8nt unit, may be dissolved by Vvithd[8vv@\ Of all local gOVe[ODl8Dt3. Upon dissolution, the net 83SetS Of the UT[} Sh8|| be disposed in R 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: By. John F. Murphy, Mayor CITY OF EULESS By: Mary Lib Saleh, Mayor CITY OF HALTOM CITY By: Clavin White, Mayor CITY OF KELLER By: Dave Phillips, Mayor CITY OF COLLEYVILLE By: Donna Arp, 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 n.