HomeMy WebLinkAboutO-2010-3286 Interlocal Agreement with Harris County, Texas for Circulator Bus Service in La Porte
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October II, 20 I 0
AppropnatloJl
Requested By:
Ron Bottoms
Source of Funds: Community Investment
Department:
Adm i n istration
Account Number: 036-6061-565.99-97
Rep0l1: ~Resolution: ~Ordinance:---L
Amount Budgeted:
$165.000
Exhibits:
Ordinance
Amount Requested:
$90,000
Exhibits:
Interlocal Agreement
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
This Interlocal Agreement is between the City of La Porte and Harris County for circulator bus service in the City of La
P0I1e. It goes into affect October I, 20 I O.
Action Required by Council:
Authorize the execution of the attached Interlocal Agreement with Harris County for circulator bus service.
10 Ie( ~
Ron Bottoms, City Manager
Date
ORDINANCB NO. 2010 - 3 L 6[0
AN ORDIRAJlTCB APPROVDTG AND AUTHORIZING AN J:HTBRLOCAL AGRBBJlBRT
BBTWBBllT THB CITY 01' LA PORTB AND BARRIS COUBTY, I'OR I'IXBD ROUTB BUS
SBRVICB WITH COJIPLBDRTARY PARATRAllTSI:T SBRVICBS m TBB CI:TY 01' LA
PORTB, KAlCING VARIOUS I'nmJ:JlTGS AND PROVISIOlfS RBLATING TO THB
SUBJBCT, I'IRDING COJIPLJ:AJlTCB WITH TBB OPBllT JlBBTDfGS LAW, AND
PROVIDJ:JlTG AN BI'I'BCTIVB DATB HBRBOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SectioD 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, a copy of which is on file in the office
of the city Secretary. The City Manager is hereby authorized to
execute such document and all related documents on behalf of the
City of La Porte.
The City Secretary is hereby authorized to
attest to all such signatures and to affix the seal of the City to
all such documents.
SectioD 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
SectioD 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this t r"-;.ay of bc.A--<'
, 2010.
By:
ATTEST:
APPROVED:
fIt.~ 1;~
Clark . Ask n
Assistant city Attorney
2
INTERLOCAL AGREEMENT
FOR CIRCULATOR BUS SERVICE
IN CITY OF LA PORTE
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement is made and entered into by and between the Harris County,
Texas, a body corporate and politic under the laws of the State of Texas, herein after
called the "County" and the City of La Porte, a home-rule city under the laws of the
State of Texas, hereinafter called "La Porte", pursuant to the Interlocal Cooperation Act,
Chapter 791 Texas Government Code.
WITNESSETH
WHEREAS, certain portions of eastern Harris County lie outside the jurisdictional
boundaries and service area of the Metropolitan Transit Authority of Harris County,
Texas and do not currently have bus service; and
WHEREAS, La Porte and the County find that the operation of Fixed Route Bus
Service within the City of La Porte will enhance regional mobility and support transit
services within the County and La Porte; and
WHEREAS, La Porte and the County have agreed to the provision of Fixed
Route Bus services in accordance with the terms, rights and duties set forth in this
agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed as follows:
ARTICLE I
Agreement and Definitions
1.1 Scope of Agreement. This Agreement specifies the terms and conditions
under which the County will provide Fixed Route Bus Service with Complementary
Paratransit Services, as defined below, within the City of La Porte. The parties agree
that each will cooperate and coordinate with the other in all activities covered by the
1 10/4/2010
Agreement and any supplemental agreements hereto. It is agreed by the parties that La
Porte's participation in this Agreement is conditioned upon and subject to entry by both
the City of Pasadena, Texas and the San Jacinto College District into collateral
contracts with Harris County, Texas requiring their participation in the County's fixed
route bus service program.
1.2 Definitions. For the purpose of this Agreement, the following terms shall
have the meanings set forth below:
1.2.1 "Fixed Route Bus Service" means services provided on a repetitive, fixed
schedule basis along a specific route with vehicles stopping to pickup and deliver
passengers to specific locations; each fixed route trip serves the same origins and
destinations.
1.2.2 "Complementary Paratransit Services" means service required by the
Americans with Disabilities Act (ADA) for individuals with disabilities who are unable to
use fixed route transportation systems and are deemed eligible for the service.
1.2.3 "Local Operating Funds" means the financial assistance from local entities
that support the operation of the transit system as required by a grant to match the
federal contribution. They include, but are not limited to: tax levies; general funds;
specified contributions, contributions from city, county or other municipal government
towards the Local Share portion of the transit system budget; donations; and other
revenues such as advertising.
ARTICLE 2
LA PORTE Obligations
2.1 The County shall have no obligation to obtain sites for or to construct or
maintain transit stops for the bus service. The bus service shall not begin until La Porte
provides, equips in accordance with the requirements set forth herein, and makes
available for use in regard to services hereunder transit stops at all locations chosen by
the County To be acceptable, each such transit stops must at a minimum have a
"transit stop" sign facing both directions, using the graphic shown in Exhibit "B" to this
Agreement. As additional Federal Transit Authority (FTA) capital improvement funds
2
10/4/2010
become available, the County, may, at its sole option, use those funds and matching
Local Operating Funds provided by the City of La Porte to pay for additional transit stop
improvements such as site pads, park benches and passenger shelters.
2.2 All transit stops will have the following minimum standards:
. A firm stable surface;
. A minimum clear length of 96 inches measured from the curb or roadway
edge and minimum clear width of 60 inches measured parallel to the
vehicle roadway;
. A maximum slope of 1 :50 (2%) for water drainage; and
. An accessible route to the streets, sidewalks or pedestrian paths.
2.3 The City of La Porte will provide advertising on the City of La Porte
municipal television channel and the Cities Internet Site, informing the general public of
the available of transit services in the community. Additionally, the City of La Porte will
provide information inserts into the City water bills or in its monthly City of La Porte
Newsletter advertising the service. The design of the Information inserts will be
provided by the County.
2.4 Subject to the participation of the City of Pasadena, Texas and the San
Jacinto College District, as specified in Paragraph 1.1 herein, the City of La Porte will
provide all required Local Operating Funds for the cost of the service during the term of
this Agreement, up to a maximum of $90,000.00. La Porte shall send $90,000.00 to the
County for use in paying its obligations to provide Local Operating Funds within 15 days
of the effective date of this agreement. The funds will be maintained in a special reserve
account. It is understood and agreed that a portion of the route service provided is to
benefit students of San Jacinto College for which San Jacinto College is subject to a
separate agreement, and the County may look to San Jacinto College and others to pay
part of the Local Operating Funds. In the event San Jacinto College does not reach an
agreement with the County or cease to continue its relationship with the County, the
County has the right to adjust routes and service times accordingly, provided that such
change is approved by the City of La Porte. Should the County determine that such
funds from the City of La Porte and others are inadequate to pay for all required Local
3
Operating Funds during such first year, the County shall have no obligation to continue
providing the services hereunder unless and until the City sends additional funds to the
County for such purpose, subject to the same requirements applicable to use of the
original contribution.
ARTICLE 3
County Obligations
3.1 The County agrees to operate the Fixed Route Bus Service in the City of
La Porte and provide necessary transit vehicles through the use of outside contractors.
The Director of the County Community Services Department (director) will, in
consultation with the City of La Porte determine the travel routes for such service, and
will determine the schedule for operation, and the type and number of transit vehicles to
be utilized for the service. The Director may, from time to time, revise the schedule for
operation of the service based upon ridership levels and service demands in
consultation with the City of La Porte. Any changes in service will be subject to the
public input requirements of Title VI, 42 U.S.C. The proposed routes are depicted on
Exhibit "A" to this Agreement, and the service hours will be from 7:00 AM until 6:00 PM
Monday through Friday excluding County holidays.
3.2 Fares will be assessed for use of the transit services. The County will
collect and retain the fares as follows, provided that the County may enter into
agreements as it may deem necessary and proper to provide for bus services to be
provided otherwise than by payment of such fees:
Adult (12 years and older)
Children 2 years to 11 years
Seniors (65 and older with identification)
Disabled (With identification)
Children under 2 years
Certified Demand Response
Eligible Passengers
$1.00 each way
$ .50 each way
$ .50 each way
$ .50 each way
Free
$2.00 each way
4
10/4/2010
3.3 FT A funds can only be accessed on a reimbursement basis, the expenditure
of County and La Porte funds will be required prior to seeking any reimbursement from
the FTA. Notwithstanding any provision of this Agreement that might be construed to
the contrary, the County shall not be obligated by this Agreement to expend any funds,
but it is understood and agreed that the funds provided by La Porte may only be
expended by the County to the extent that th~ C()lInty, Cititl; sQL~optionL eXRend~_d
matching funds for the purpose of seeking FTA reimbursement. La Porte's funding
hereunder will be used for payment of the Local Share. All FTA reimbursement will be
the property of the County.
ARTICLE 4
liability
La Porte and the County are governmental units under the Texas Tort Claims
Act.
La Porte is not an agent, servant, nor employee of the County. The County is
not an agent, servant, nor employee of La Porte.
The parties expressly agree that the transportation services provided pursuant
to this Agreement are not a joint venture or enterprise. It is not the intent of the parties
that a joint enterprise relationship is being entered into and the parties specifically
disclaim such relationship. This Agreement does not constitute a joint enterprise, as
there are no pecuniary interests, no common purpose, and no equal right of control
between the parties.
ARTICLE 5
Termination and Default
5.1 Termination by LA PORTE or the County. Notwithstanding any other
provision of this Agreement, either La Porte or the County may, in its sole discretion,
terminate the provisions of services under this Agreement, if it determines that it is in its
best interest to do so, providing, however, that the party seeking to terminate the
provision of services under this Agreement gives written notice to the other party at
least 90 calendar days prior to the expected date of the termination of services.
5 10/4/2010
5.2 Notice of Default. La Porte or the County shall be deemed in default under
this Agreement if La Porte or the County in any material respect fails to perform,
observe or comply with any of its covenants, agreements or obligation, or breaches or
violates any of its representations contained in this Agreement.
Before anYlc:lilure of~itl1er1~ PgIte oIJheQQunty-~Il~IIQ~_d~~l1ledtQbggbrE:tach.
of this Agreement, the party claiming such failure shall notify, in writing, the party
alleged to have failed to perform, of the alleged failure and shall demand the party cure
the default within ninety (90) calendar days. If the allegedly failing party has not cured
the default, that party will be in default of this Agreement, unless La Porte and the
County agree to extend time for cure, and the Agreement may be terminated by the
other party immediately upon notice of the non-defaulting Party's intention to terminate.
ARTICLE 6
Term
Unless terminated sooner as set forth above, the term of this Agreement shall be
one year from the date this Agreement is executed. Any unexpended and unearned
surplus from funds provided by La Porte remaining in the account upon termination of
this Agreement will be refunded to La Porte unless different arrangements are made in
an amendment to this Agreement or a new agreement between the parties in regard to
the Fixed Route Bus Service. The County is under no obligation to invest or to account
for or pay to La Porte any earnings upon funds provided hereunder by La Porte.
ARTICLE 7
Miscellaneous
7.1 Approvals, Further Documents. Where this Agreement requires
approval, consent, permission, agreement or authorization by either party, such
approval, consent, permission, agreement or authorization shall not be unreasonably
withheld nor delayed. The parties agree to execute such further documents,
6
10/4/2010
agreements, instruments and notices as may be necessary or appropriate to effectuate
the purposes of this Agreement.
7.2 Maintenance of Records. La Porte and the County shall maintain records
to show actual time involved in the provision of the transportation services, the cost
incurred for the period of time specified, and the level of ridership. The County shall
maintain ridership information in a t119J1ne,"- <:;onsistent witb_National~ran?jt Djl!ab~~~
- -- ------ - --- ----- --- --
reporting requirements and provide a quarterly report of same to La Porte. La Porte
shall provide other reports as determined by the County in order to assure compliance
with applicable regulations. To the extent applicable to the transportation service, La
Porte and the County shall cooperate in good faith to provide records satisfactory to the
federal government or any other regulatory body.
7.3 Audit and Inspection of Records. La Porte and the County shall permit
the authorized representatives of La Porte RTE, the County, and the federal
government to inspect and audit all data and records of La Porte and the County
relating to their performances under this Agreement. La Porte shall keep its books and
records available for this purpose for at least five (5)-years after this Agreement
terminates. In the event any record is needed to support any dispute or legal action,
such records said records shall be maintained for a period of not less than five (5) years
following the settlement of any such dispute or legal action.
7.4 Notices. Any notices required or permitted to be given under the terms of
this Agreement shall be in writing and shall be deemed to be given as of the time of
hand delivery to the addresses set forth below, or five (5) days after deposit in the
United States mail, postage prepaid, by registered or certified mail, return receipt
requested, addressed as follows,:
TO HARRIS COUNTY:
Harris County, Texas
ATTN: David B. Turkel
Director, Harris County Community Services Department
Development Department
7
10/4/2010
8410 Lantern Point Drive
Houston, Texas 77054
TO LA PORTE
City _~LbaE'or-!e--- n_u._______
Attn: City Manager
604 W. Fairmont Parkway
La Porte, Texas 77571
A party may change the address for notices upon at least 10 days written notice under
this provision.
7.5 Waiver. The failure of any party at any time or times to require
performance of any provision hereof shall in no manner affect the right at a later
time to enforce the same. No waiver of any party of any condition, or of any
breach of any term, covenant, representation or warranty contained herein, in
anyone or more instances, shall be deemed to be constructed a further or
continuing waiver of any such condition or breach or waiver of any other
condition or of any breach of any other term, covenant, representation or
warranty.
7.6 Entire Agreement. This Agreement contains the entire agreement
of the parties with regard to the matters addressed herein. This Agreement may
not be amended, modified, superseded or canceled, nor may any of the terms,
covenants, representations, warranties or conditions be waived except by written
instrument executed by the party against which such amendment, modification,
supersedure, cancellation or waiver is to be charged.
7.7 Force Majeure. Neither party shall be held liable for any loss or damage
due to delay or failure in performance of any part of this Agreement from any
cause beyond its control and without its fault or negligence, which causes may
8
10/4/2010
include acts of God, acts of civil or military authority, government regulations
(except those promulgated by the party seeking the benefit of this provision),
embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions,
earthquakes, nuclear accidents, floods, strikes, power blackouts, other major
environmental disturbances or unusually severe weather conditions.
7.8 Governing Law. This Agreement shall be constructed and enforced in
---~---- --~---"------- ----------_.-- .__._----~--_.. - --
accordance with the laws of the State of Texas. Any legal action to enforce the
terms of this Agreement shall be brought in Harris County, Texas.
7.9 Headings. Headings and captions contained herein are inserted for
convenience and of reference only, and are not deemed part of or to be used in
constructing this Agreement.
7.10 Survival. Each party shall remain obligated to the other party under all
clauses of this Agreement that expressly or by their nature extend beyond the
expiration or termination of this Agreement.
7.11 Current Funds. Each party paying for the performance of governmental
functions or services under this agreement must make those payments from
current revenues available to the paying party,
7.12 Compliance with Laws. The parties shall comply with all applicable laws
in carrying out its obligations under this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed as of the date first written above:
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each having
equal force, has been executed on behalf of the parties hereto as follows:
a. It has on the _ day of _' 2010, been executed on behalf of the
County by , pursuant to of the County Commissioners
Court authorizing such execution.
9
10/4/2010
b. It has on the I r~ay of~2010, been executed on behalf of the City
of La Porte by t<OV\"fu-t-iDYV\ 5 ,and attested by its Secretary, pursuant to
Dr d ( nit nCL:it 1> ~ <6 (P authorizing such execution.
By:
Dava B. Turkel
Director of Harris County
Community Services Department
APPROVED AS TO FORM:
Vince Ryan, Harris County Att ney
/01
/ ;
By: V C U(
Assistant County Attorney
ATTEST
.~
~ VJtuVLuJ
Ry:._ .
Ron Bottoms
City Manager
10
10/4/2010
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Informati on/lnformaci on
713-578-2044
THE STATE OF TEXAS 9
COUNTY OF HARRIS 9
The Commissioners Court of Harris County, Texas, convened at a meeting of
said Court at the Harris County Administration Building in the City of Houston, Texas, on
the _ day of OCT 26 2010 ' 2010, with the following members
present, to-wit:
Ed Emmett
EI Franco Lee
Sylvia R. Garcia
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct NO.1
Commissioner, Precinct NO.2
Commissioner, Precinct NO.3
Commissioner, Precinct NO.4
and the following members absent, to-wit: t-V~
constituting a quorum, when among other business, the following was transacted:
ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE FIXED ROUTE BUS SERVICE
WITHIN THE CITY OF LA PORTE
Commissioner ~ introduced an order and made
a motion that the same be adopted, Commissioner GtAJ\,C \ k
seconded the motion for adoption of the order. The motion, carrying with it the adoption
of the order, prevailed by the following vote:
Yes No Abstain
Judge Emmett D D
Comm. Lee D D
Comm. Garcia D D
Comm. Radack D D
Comm. Eversole D D
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and law-fully adopted. The oi'der thus adopted
follows:
IT IS ORDERED that the Director of the County Community Services Department
is authorized to execute for and on behalf of Harris County, an Agreement by and
between Harris County and the City of La Porte regarding Fixed Route Bus Service
within the City of La Porte, said Agreement being incorporated herein by reference for
all purposes as though fully set forth word for word.
Presented to Commissioner's Court
OCT 2 6 2010
APPROVE
Recorded Vol Page