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Ordinance No. 4,13550425 -2 ORDINANCE NO. 4135 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERGOVERNMENTAL AGREEMENT WITH HOUSTON- GALVESTON AREA COUNCIL TO CONTINUE THE SMALL AREA TRANSIT STUDY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to an Intergovernmental Agreement with the Houston - Galveston Area Council to continue the Small Area Transit Study, said Agreement being attached hereto, marked Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: That this Ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of April, 1985. +- ir•rt • r - ATTEST: EILEEN P. HALL,-City Clerk s ■'C• • RANDALL . STRONG, City me y INTERGOVERNMENTAL AGREEMENT STATE OF TEXAS X COUNTY OF HARRIS X 50425 -1a THIS INTERGOVERNMENTAL AGREEMENT, entered into this day of , 1985, by and between the Houston- Galveston Area Council (H -GAC) and the City of Baytown. WITNESSETH WHEREAS, the Houston- Galveston Area Council is designated the Metropolitan Planning Organization for the Gulf Coast State Planning Region by the Governor of the State of Texas; and WHEREAS, the use of funds made available under Section 8(d) of the Urban Mass Transportation Act of 1964, as amended, shall be governed by the Houston- Galveston Area Council in accordance with the Urban Mass Transportation Admin- istration External Operating Manual (UMTA 1000.2, Chg. 2., 3- 11 -74, Chapter III and C5010.1, 3- 17 -83). NOW, THEREFORE, IT IS HEREBY AGREED that the Houston - Galveston Area Council and the City of Baytown should enter into an Intergovernmental Agreement to effectuate the use of Urban Mass Transportation Administration Section 8(d) funds. STATEMENT OF WORK The work which may be undertaken by the City of Baytown includes Work Elements as contained in the Houston- Galveston Area Council's 1935 Unified Planning Work Program wherein the City of Baytown is designated as responsible. Work Elements and any associated Scope of Services are contained in Exhibit A and are incorporated within this agreement as the STATEMENT OF WORK. AGREEMENT PERIOD The work which may be undertaken by the City of Baytown may commence March 1, 1985 and shall be completed by December 31, 1985. Additional time for work completion may be approved by the Executive Director of the Houston - Galveston Area Council. 50425 -2b COMPENSATION 0n receipt of written approval from the Houston- Galveston Area Council to pro- ceed, the City of Baytown may bill as frequently as monthly and will be reim- bursed upon receipt of funds to the Houston- Galveston Area Council from the Urban Mass Transportation Administration for 80% of costs incurred based upon the rate of completion of approved Work Elements. In no case shall total com- pensation for approved Work Elements exceed $7,000 from Section 8 (d) funds of the Urban Mass Transportation Act of 1964, as amended. Billings to the Houston - Galveston Area Council shall specify the percentage of completion of each Work Element and shall be accompanied by PROGRESS REPORTS describing work completed and specifying costs as required in UMTA 1000.2, Chg. 2, 3 -11 -74 and C5010.1, 3-17 -83. SUBCONTRACTS A. In fulfilling its duties pursuant to this Agreement, the City of Baytown may subcontract with any individual, corporation, organization, government or governmental subdivision or agency, partnership, association or other legal entity. B. The City of Baytown agrees to obtain written approval of each subcontract from the Executive Director of the Houston- Galveston Area Council and the Urban Mass Transportation Administration prior to committing or expending any funds pursuant to such subcontract and before the subcontract may be used as a basis for payment to the City of Baytown under this contract, provided no con- dition shall be required in any subcontract unless it is in this contract or specifically approved by the Houston - Galveston Area Council for inclusion in the subcontract. PROGRESS REPORTS The City of Baytown shall submit progress reports in three copies to the Executive Director of the Houston- Galveston Area Council. The report shall outline work accomplished during the previous month or since the last progress report to include, but not be limited to, the percentage of completion of the overall project and each work prase, special problems or delays encountered or anticipated, changes in estimated values of each work phase, the anticipated work activities for the next report period, and a brief description of work accomplished, methodologies used, and conclusions reached, if any, for each task. 50425 -2c COORDINATION OF PLANNING The City of Baytown agrees to conform to the Work Elements prescribed by this Agreement and to applicable governmental policies for the development of transportation systems in Texas. The preparation of Work Elements shall be undertaken in concert with the present or future planning designations and responsibilities held by the Houston - Galveston Area Council and other inter- ested agencies or governments. PUBLIC DATA All data and information developed under this Agreement shall be public data and information, and shall be furnished or made available, upon request, to the Houston - Galveston Area Council and other interested and affected agencies, governments and parties. TMATMATTM A. This Agreement may be terminated for reasons other than full performance by written agreement between both parties to the Agreement. B. In order to terminate the Agreement for breach of performance, the party claiming the breach shall give the other party written notice of its claim and, unless an agreement otherwise is reached, termination shall occur on the thirtieth day after receipt of such notice. C. In the event of termination, the City of Baytown shall deliver to the Houston - Galveston Area Council all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reprots, photographs, etc., prepared by the City of Baytown or any of its subcontractors under this Agreement. All such materials shall become the Houston- Galveston Area Council's exclusive property. D. The City of Baytown, on agreement by the parties to this Agreement, shall be entitled to receive just and equitable compensation for any satisfactory work completed on such material. E. By delivery of materials upon termination, the City of Baytown shall not be relieved of liability to the Houston - Galveston Area Council for damages sustained by the Houston -- Galveston Area Council by virtue of any breach of the Agreement by the City of Baytown and the Houston - Galveston Area Council may withhold any payments to the City of Baytown for the purpose of setoff until such times as the exact amount of damages due the Houston - Galveston Area Council from the City of Baytown is determined. 50425 -2d TRANSFER OF INTEREST Neither the Houston- Galveston Area Council nor the City of Baytown may assign or transfer its individual interests in this Agreement without the written consent of the other party. The Houston - Galveston Area Council and the City of Baytown each binds itself and its successors to all covenants in this Agreement. Nothing herein is to be construed as creating a personal liability on the part of any officer or agent of any public body which may be a party hereto. MAILING ADDRESS All notices and communications under this Agreement to be mailed or delivered to the City of Baytown shall be sent to the address of the City as follows, unless and until the Houston - Galveston Area Council is otherwise notified: Ms. Dina Stucker Transportation Planner City of Baytown P. 0. Box 424 Baytown, Texas 77520 All notices and communications under this Agreement to be mailed or delivered to the Houston- Galveston Area Council shall be sent to the address of the Coun- cil as follows, unless and until the City is otherwise notified: Mr. Lawrence N. Dallam Transportation Manager Houston- Galveston Area Council P. 0. Box 22777 Houston, Texas 77227 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party. AMENDMENTS TO AGREEMENT Subject to the provisions of the Acts administered by the U.S. Department of Transportation, the parties hereto, without invalidating the Agreement, may alter or amend this Agreement upon advance written agreement of the parties. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT The City of Baytown shall acknowledge financial support whenever work funded, in whole or in part, by this Agreement is publicized or reported in any news media or publication. All reports, maps and other documents completed as part of the Agreement, other than documents prepared exclusively for internal use within the City of Baytown, shall carry the following notation on the front cover or a title page and on the face of maps: 50425 -2e Preparation of this report has been financed in part by a grant from the Urban Mass Transportation Administration of the U.S. Department of Trans- portation under the Urban Mass Transportation Act of 1964, as amended. MINORITY BUSINESS ENTERPRISES The City of Baytown under the terms of this Agreement shall prescribe an affir- mative action program for the participation of minority business enterprises in work to be undertaken. Such program shall be consistent with federal policy expressed in Executive Order 11625 and supplemented by UMTA Circular 1165.1, March 1, 1978, to assure that minority business enterprises have the maximum practical opportunity to participate in contracting activities. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, the City of Baytown shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The City of Baytown shall take affirmative actions to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. These provisions are further supplemented by the requirements of UMTA Circular 1155.1 and 1160.1 , March 1, 1978. AUDIT AND INSPECTION OF RECORDS The City of Baytown shall permit the authorized representatives of the U.S. Department of Transportation and the Comptroller General of the United States and /or the Houston- Galveston Area Council to inspect and audit all data and records of the City relating to performance under this Agreement. Such data and records shall be maintained by the City of Baytown for a period of at least three years from the date of completion of the terms of this Agreement. PROHIBITED INTEREST No member, officer, or employee of the City of Baytown or of the Houston - Galveston Area Council during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. 50425 -2f APPROVAL The City of Baytown and the Houston - Galveston Area Council do hereby bind the,msel ves to the faithful performance of the terms of this Agreement. It is mutually understood that this Agreement shall not become effective until all approvals required by the City of Baytown Charter have been received, and until approved by the Houston- Galveston Area Council. Attest: Lawrence N Da am Transportation Manager The Houston- Galveston Area Council B / y• ac _e7 e Executive Director Date: JL-7A Attest: City of Baytown By: Mayor Date: EXHIBIT A 50425 -2g ELEMENT 4.3 TRANSIT SERVICE PLANNING OBJECTIVES: 1. To continue investigating the need for expanded transit services outside and adjacent to METRO's service region and to work with committees on -implementations as identified in the studies. 2. To continue refinement of existing service routes, implementing new routes, and assuming new contract carrier routes. PREVIOUS WORK: 1. In 1983, H -GAC initiated an evaluation of the Clear Lake Shuttle. This was followed by the Baytown. Transit Feasibility Study and the Galveston County Transportation Study. The latter was conducted in cooperation with the City of Galveston in an effort to investigate expanding transit ser- vices in Galveston County. The major activities in 1984 have been working with Baytown City Council on plans for implementation of transit services and the committee for planning transit services in northern Galveston County. 2. METRO made great strides in quantitative and qualitative improvement in transit service operations as manifested in assumption of the 132 Harwin Express, 263 Alief park -n -ride, 228 Addicks park -n -ride, the 221 Katy -Mason park -n -ride and the 202 Kuykendahl park -n -ride. The Texas Special CBD Shuttle service was instituted in November and the Clear Lake Shuttle was revised to provide greater coverage to Taylor Lake Village and E1 Lago. Finally, the 48 Navigation, 30 Clinton, 11 Nance and 80 Lyons were realized in conjunction with the opening of the 5th Ward /Denver Harbor Transit Cen- ter, the first such facility instituted in Houston. C 50425 --2h ACTIVITIES: H -GAC would continue providing technical services to Baytown City Council and the committee overseeing transit planning and development in northern Galves- ton area. The City of Galveston would monitor the effectiveness of route and other changes in 1984, conduct surveys on ridership, needs, attitudes, etc., and develop new strategies for marketing transit services to increase ridership. Components of METRO's FY 85 service are categorized as follows: a. Route development of the remaining section of pre -METRO route structure in the Third Ward area. b. New service development in Humble- Kingwood and the Sagemont- Sageglen area along the Gulf Freeway.. c. Contract Operation - METRO proposes to assume operation of existing transit service operated under contract if such an operation can be provided at equal or higher quality and at lesser cost. d. Transit center development at Hiram Clarke and Hempstead. e. Improved passenger amenities such as planning and identification of transit shelters and benches. PRODUCTS: 1. Documentation of transit and ridership survey together with marketing strategies to increase ridership in the City of Galveston. 2. Implementation plans and schedule for possible transit services in Baytown and Friendswood area. 3. Increased and greatly improved services for the Houston metropolitan area. 39 50425 -2i ELEMENT 4.3 -_______- SOURCE AGENCY UMTA ; EHWA 1 FAA STATE ; LOCAL TOTALS ; --------------- ;--------- ;--------- --------- --------- --------- ;--------- H -GAC 36,000 ; ; ; 9,000 45,000 H -GRTS 1 11 METRO i 75,000 i i i 18,750 93,750 i HOUSTON k PASADENA BAYTOWN ; 7,000 ; 1,750 8,750 TEXAS CITY ; GALVESTON 44,000 ; 5,000 ; ; 11,000 ; 60,000 ; - -------- - -- - -- - --- - - - -- --- - - - - -- --------- --------- j---- - - - - -k TOTALS ; 162,000 5,000 40,500 ; 207,500 Galveston allocation of UMTA funds includes $24,000 Sec 9 funds plus local match.