HomeMy WebLinkAboutResolution 2003-067
RESOLUTION NO. 2003-067
BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas,
that:
1.
The City Manager be, and is hereby authorized to execute the attached
Interlocal Agreement with the North Central Texas Council of Governments for
participation in the Northeast Tarrant County Job Access Program.
PASSED AND APPROVED this the 25th day of August, 2003.
APPROVE~
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Oscar Trevino, Mayor
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Paf(~a Hitso,~''tity Secretary
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APPROVE A TO FORM AND LEGALITY:
George Staples, C ty Attorney
APPROVED AS TO CONTENT:
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John Pitstick, Development Director
Attachment to Resolution No. 2003-067
INTERLOCAL AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
THE CITY OF NORTH RICHLAND HILLS
for
PARTICIPATION IN THE NORTHEAST TARRANT COUNTY JOB ACCESS PROJECT
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been
designated as the Metropolitan Planning Organization for the Dallas-Fort Worth
Metropolitan Area by the Governor of Texas in accordance with federal law; and,
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local
elected officials, is the regional transportation policy body associated with NCTCOG and
has been and continues to be a forum for cooperative decisions on transportation; and,
WHEREAS, it is the goal of the RTC to offer a transportation system that is accessible,
integrated, efficient, and provides for a diverse and flexible set of transportation options;
and,
WHEREAS, Section 3037 of the Transportation Equity Act for the 21st Century created the
Job Access and Reverse Commute (JA/RC) Grant Program to assist states and localities
in developing flexible transportation services that connect low-income persons to jobs and
employment-related services; and,
WHEREAS, the Federal Transit Administration (FTA) awarded NCTCOG $1.5 million in
JA/RC funds for the Northeast Tarrant County Job Access Project, to provide shuttle
service to and from the Trinity Railway Express (TRE) to employment and related
opportunities in Northeast Tarrant County; and,
WHEREAS, the City of North Richland Hills is one of nine (9) cities contributing to the
operation of the TRE; and,
WHEREAS, the City of North Richland Hills has expressed an interest and desire to
participate in the Northeast Tarrant County Job Access Project; and,
WHEREAS, NCTCOG and the City of North Richland Hills are local governmental entities
pursuant to the Interlocal Cooperative Act, Chapter 791 of the Texas Government Code,
and as such may contract with one another for the provision of governmental functions
and services of mutual interest. Each may be referred to as a "Party," and may be
collectively referred to as the "Parties" to this Interlocal Agreement.
NOW, THEREFORE, and in consideration of the mutual covenants and conditions
contained herein, the parties agree as follows:
1. Service Description. Service under the Northeast Tarrant County Job Access
Project s hall focus 0 n the provision 0 f new 0 r expanded transportation services for
low-income persons to and from the TRE to employment and related opportunities.
2. Service Area. The service shall be provided in the City of North Richland Hills and
other participating cities within Northeast Tarrant County, as defined and described in
FTA Grant Agreement TX-37-X014.
3. Term.
3.1 Effective Date. The effective date of this Agreement shall be on the date that
it is executed by the parties.
3.2 Term. This Agreement shall be in effect until September 30, 2004, and may
be renewed annually by the City of North Richland Hills by giving notice of its
intent to renew at least 30 days prior to the expiration of the current term.
3.3 Termination. Either party may terminate this Agreement at any time by
giving 60 days written notice to the other party.
4. Organizational Relationships.
4.1 North Central Texas Council of Governments. As the federal grant recipient,
the North Central Texas Council of Governments (NCTCOG) shall function
as the Project Manager, and designate a staff member to serve in this
capacity. The Project Manager shall chair the Project Planning Committee
and act as a liaison between the participating cities, the Fort Worth
Transportation Authority (the T), and FT A.
4.2 Fort Worth Transportation Authority. At the request of NCTCOG, the Twill
implement and administer the job access transportation service to and from
the TRE and designated employment sites. The T shall designate a Project
Coordinator to serve on the Project Planning Committee.
4.3 City of North Richland Hills. The City of North Richland Hills shall designate
a staff member to represent the City on the Project Planning Committee.
The representative shall act as a liaison between the Project Planning
Committee and the City, major employers, and other local stakeholders.
4.4 Proiect Plannina Committee. The Project Planning Committee shall consist
of the Project Manager, Project Coordinator, and a representative from each
of the participating cities, The Project Planning Committee was created to
facilitate coordination among the participating entities in planning, budgeting,
and implementing job access services under the Northeast Tarrant County
Job Access Project.
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4.5 Companion Aqreement. NCTCOG will enter into companion agreements with
each participating city and the T for participation in the Northeast Tarrant
County Job Access Project.
5. Implementation and Operation.
5.1 Service Plan. In consultation with the Project Planning Committee, the Twill
develop a service plan for the City of North Richland Hills.
5.2 Service Provider. The T will contract directly with the service provider{s) for
the provision of transportation services as detailed in the service plan for the
City of North Richland Hills.
5.3 Service Quality. In collaboration with the Project Planning Committee, the T
shall develop and implement procedures to ensure the quality of service.
5.4 Service Level. The Project Planning Committee will determine the
appropriate level of service based on the service plan and budget for the City
of North Richland Hills.
5.5 Service Modifications.
5.5.1 Requests for service modifications shall be submitted to the Project
Planning Committee for consideration.
5.5.2 The Committee will evaluate requests based on the most productive
utilization of resources and pursuant to grant requirements.
5.5.3 Upon the Committee's favorable recommendation, the T shall work
with the service provider(s) to implement the recommended service
modifications in a timely manner.
5.5.4 Service modifications not recommended by the Committee may be
separately funded by the City of North Richland Hills, provided
funding, equipment, and personnel are available.
5.6 Marketinq.
5.6.1 In consultation with the City of North Richland Hills, the Twill
promote and market the Northeast Tarrant County Job Access
service to employers, employees, social and human service
agencies, and other interested parties.
5.6.2 At the request of the City of North Richland Hills, the T shall furnish
schedules, maps, and other printed materials in support of the
service.
5.7 Reportinq. The T shall document and provide ridership, system
performance, and financial reports at the request of the Project Planning
Committee.
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6. Compensation.
6.1 Upon execution of this agreement, the City of North Richland Hills shall
submit payment in the amount of $4,000 to NCTCOG for administration and
management of the grant; and development of preliminary service plans.
6.2 NCTCOG shall invoice the City monthly for services provided on behalf of the
City of North Richland Hills.
6.3 Upon receipt of such invoices, the City of North Richland Hills shall submit
payment to NCTCOG within thirty (30) calendar days.
7. Miscellaneous,
7.1 Force Majeure. It is expressly understood and agreed by the parties to this
Agreement that, if the performance of any provision of this Agreement is
delayed by reason of war, civil commotion, act of God, governmental
restrictions, regulations or interferences, fire or other casualty, court
injunction, or any circumstances which are reasonably beyond the control of
the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to
any of those enumerated herein, the party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so
that the period of time applicable to such requirement shall be extended for a
period of time equal to the period of time such party was delayed.
7.2 Contractual Relationship. It is specifically understood and agreed that the
relationship described in this Agreement between the parties is contractual in
nature and is not to be construed to create a partnership or joint venture or
agency relationship between the parties. Nor shall any party be liable for any
debts incurred by the other party in the conduct of such other party's
business or functions.
7.3 Counterparts. This Agreement may be executed in multiple counterparts.
Each such counterpart shall be deemed an original of this Agreement, so that
in making proof of this Agreement, it shall only be necessary to produce or
account for one such counterpart.
7.4 Complete Aareement. This Agreement embodies all of the agreements of
the parties relating to its subject matter, supersedes all prior understandings
and agreements regarding such subject matter, and may be amended,
modified, or supplemented only by an instrument or instruments in writing
executed by all of the parties.
7.5 Captions. The captions, headings, and arrangements used in this
Agreement are for convenience only and shall not in any way affect, limit,
amplify, or modify its terms and provisions.
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7.6 Governina Law and Venue. This Agreement and all agreements entered into
in connection with the transactions contemplated by this Agreement are, and
will be, executed and delivered, and are intended to be performed in Tarrant
County, State of Texas, and the laws of Texas shall govern the validity,
construction, enforcement, and interpretation of this Agreement. In the event
of litigation between the parties hereto, their successors or assigns, with
regard to this Agreement and any subsequent supplementary agreements or
amendments, venue shall lie exclusively in Tarrant County, Texas.
7.7 Severabilitv. In the event anyone or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision(s) hereof, and this Agreement shall be
revised so as to cure such invalid, illegal, or unenforceable provision(s) to
carry out as near as possible the original intent of the parties.
7.8 Chanaed Circumstances, If future federal, State, or local statute, ordinance,
regulation, rule, or action render this Agreement, in whole or in part, illegal,
invalid, unenforceable, or impractical, the parties agree to delete and/or to
modify such portions of the Agreement as are necessary to render it valid,
enforceable, and/or practical. Each section, paragraph, or provision of this
Agreement shall be considered severable, and if, for any reason, any
section, paragraph, or provision herein is determined to be invalid under
current or future law, regulation, or rule, such invalidity shall not impair the
operation of or otherwise affect the valid portions of this instrument.
7.9 Enforcement. If any party initiates an action to enforce any provision of this
Agreement or for damages by reason of an alleged breach of any provision
hereof, the prevailing party shall be entitled to receive from the other parties
all reasonable and necessary costs and expenses, including reasonable
attorneys' fees and costs incurred in connection with such action.
7.10 Survival. All of the terms, conditions, warranties, and representations
contained in this Agreement shall survive, in accordance with their terms,
and shall survive the execution hereof.
7.11 Further Assurances. Each party agrees to perform any further acts and to
sign and deliver any further documents which may be reasonably necessary
to carry out the provision of this Agreement.
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7.12 Notices. Whenever this Agreement requires or permits any consent,
approval, notice, request, proposal, or demand from one party to another, the
consent, approval, notice, request, proposal, or demand shall be deemed to
have been duly given when delivered personally or sent by certified mail,
return receipt requested, in a postage paid envelop addressed to the party at
the address set out below.
If to NCTCOG:
Mr. Michael Morris
Director of Transportation
North Central Texas Council of Governments
Post Office Box 5888
Arlington, Texas 76005-5888
If to City:
John Pitstick
Director of Development
City of North Richland Hills
7301 NE Loop 820
North Richland Hills, Texas 76180
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IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate
original at Arlington, Tarrant County, Texas, the day of ,2003.
CITY OF NORTH RICHLAND HILLS
ATTEST:
Larry Cunningham, City Manager
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
APPROVED AS TO FORM AND LEGALITY:
Executive Director
Attorney
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