Ordinance No. 4,49660 "110 --3
ORDINANCE NO. 4496
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON- GALVESTON
AREA COUNCIL FOR LOCAL TRANSIT PLANNING; 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
approves an Intergovernmental Agreement with the Houston - Galveston Area Council
for local transit planning and authorizes the Mayor and City Clerk of the City of
Baytown to execute and attest to said agreement, a copy of which is attached
hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section Z: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 10th day of July, 1986.
"ex Or - , 1, ",
I� •
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
�,,.
INTERGOVERNMENTAL AGREEMENT
STATE OF TEXAS X
COUNTY OF HARRIS X
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THIS INTERGOVERNMENTAL AGREEMENT, hereinafter referred to as "Agreement",
entered into this day of 1986, by and between the Houston -
Galveston Area Council and the City of Baytown hereinafter referred
to as "City",
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 Circular 5010.1 (March 11, 1983).
NOW, THEREFORE, IT IS HEREBY AGREED that the Houston - Galveston Area Council
and the City shall enter into an Intergovernmenta Agreement to effectuate the
use of Urban Mass Transportation Administration Section 8(d) funds.
STATEMENT OF WORK
The work to be undertaken by the City shall include Work Elements contained in
the Houston - Galveston Area Council's 1986 -1981 Unified Planning Work Program
wherein the City is designated as responsible. The specific scope of work is
contained in Exhibit A and is incorporated within this Agreement as the State-
ment of Work.
PERSONNEL
The City represents that it has or will secure, and agrees to furnish, person-
nel with the professional classifications, skill and expertise required to
perform the Scope of Work as described in Exhibit A.
Additionally, the City will assume responsibility for the Scope of Work, and
will provide all necessary supervision and coordination of activities that may
be required to complete its requirements subject to the approval and concur-
rence required from the Houston-Galveston Area Council.
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The City designates Wm. P. corneliuE-,Jr. as Project Director. The Houston -
Galveston Area Council designates Mr. Lawrence N. Dallam as Project Director.
PERIOD OF PERFORMANCE
The work to be undertaken by the City shall begin upon receipt of a written
Notice to Proceed and shall be completed by December 31, 1986. Additional
time for work completion may be approved, upon written request thirty (30)
days prior to the completion date, to the Project Director of the Houston -
Galveston Area Council.
COMPENSATION
The City may bill as frequently as monthly and will be reimbursed upon receipt
of funds to the Houston - Galveston Area Council from the Urban Mass Transporta-
tion Administration for 80% of costs incurred based upon the rate of completion
of approved work tasks shown in Exhibit A and an approved budget by tasks shown
in Exhibit 8. In no case shall the total compensation for approved work tasks
exceed $ 5,000 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 task and the fiscal status of the
Agreement shown in Exhibit C, and shall be accompanied by a statement des-
cribing work completed and specifying costs as required under UMTA C5010.1 and
OMB Circular A -87, Upon satisfactory completion of the scope of work as shown
in Exhibit A, any unexpended funds shall be' reverted to the Houston - Galveston
Area Council for future programming.
SUBCONTRACTS
A. In fulfilling its duties pursuant to this Agreement, the City may subcon-
tract with any individual, corporation, organization, government or govern-
mental subdivision or agency, partnership, association or other legal entity.
B. The City agrees to obtain written approval of each subcontract from the
Project Director of the Houston - Galveston Area Council 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 under this Agreement, provided
no condition shall be required in any subcontract unless it is in this Agree-
ment or specifically approved by the Houston - Galveston Area Council for inclu-
sion in the subcontract.
QUARTERLY PROGRESS REPORTS
The City shall submit quarterly progress reports in three copies to the Project
Director of the Houston - Galveston Area Council no later than fifteen (15) days
following the end of the quarter. The report shall outline work accomplished
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during the previous quarter and shall include, but not be limited to, the per-
centage of completion of the overall project and each work task, the percent-
age of funds expended for each task and the overall project, special problems
or delays encountered or anticipated, changes in estimated values of each work
task, 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.
COORDINATION OF PLANNING
The City agrees to conform to the work tasks prescribed by this Agreement and
to applicable governmental policies for the development of transit - related
transportation systems in Texas. The preparation of work tasks shall be under-
taken in concert with the present or future planning designations and respon-
sibilities held by the Houston - Galveston Area Council and other interested
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.
TERMINATION
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 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 or any of its subcontractors under this Agreement. All such materials
shall become the Houston-Galveston Area Council's exclusive property.
D. The City, 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 shall not be relieved
of liability to the Houston - Galveston Area Council for damages sustained by
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the Houston - Galveston Area Council by virtue of any breach of the Agreement by
the City and the Houston- Galveston Area Council may withhold any payments to
the City for the purpose of setoff until such times as the exact amount of
damages due the Houston- Galveston Area Council from the City is determined.
TRANSFER OF INTEREST
Neither the Houston - Galveston Area Council nor the City 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 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.
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;
except where this Agreement is affected by an amendment to the 1986 -1987
Unified Planning Work Program through an action of the Transportation Planning
Committee, the Houston - Galveston Area Council shall notify the City in writing
of the effects of said amendment upon this Agreement, and this Agreement shall
be deemed amended upon receipt of such a notification.
ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The City 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, shall carry the following notation on the front cover or a title
page and on the face of maps:
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.
DISADVANTAGED BUSINESS ENTERPRISES/WOMEN BUSINESS ENTERPRISES
The City under the terms of this Agreement shall prescribe an affirmative
action program for the participation of disadvantaged business enterprises
(DBEs) and women business enterprises ('MBEs) in work to be undertaken. Such
program shall be consistent with federal policy expressed in UMTA Circular
4716.1, January 15, 1985, to assure that disadvantaged business enterprises
have the maximum practical opportunity to participate in contracting activ-
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i ti es. The City shall have a mechanism in place for carrying out its obliga-
tions and for tracking and for reporting actual DBE and WBE participation
levels achieved, as governed by the threshold amount in funding as set forth
under UMTA Circular 4716.1.
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Agreement, the City shall not discrim-
inate against any employee or applicant for employment because of race, reli-
gion, color, sex or national origin. The City 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 fol-
lowing: employment, upgrading, demotion, or transfer; recruitment or recruit-
ment advertising; layoff, or termination; rates of pay, or other forms of com-
pensation; -and selection for training, including apprenticeship. These provi-
sions are further supplemented by the requirements of UMTA Circular 1155.1 and
1160.1, March 1, 1978.
AUDIT AND INSPECTION OF RECORDS
The City 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 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 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.
APPROVAL
The City and the Houston - Galveston Area Council do hereby bind themselves 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 Charter have been received, and until approved by the
Houston- Galveston Area Council.
Attest:
awrence N. US I I am
Transportation Manager
Attest:
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The Houston - Galveston Area Council
BY:
Jack ee e
Executive Director
Date:
City of
By :
Mayor
Date:
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EXHIBIT A
UMTA
Planned Scope of Work
1986
I. Support efforts to develop a public transportation system for
Baytonians by encouraging and maintaining contacts with potential
service users and providers, and by working with the Baytown
Transit Committee and City Council..
2. work with appropriate staff at the SDHPT to develop a park -and -ride
lot on state right -of -way in conjunction with the planning and construction
of Spur 330.
3. Work with National Transit Company staff to: a) determine the level of
interest of Baytown area residents in a subscri:__ion park - and -ride
service into Houston; b) develop a contract between the City and
National Transit for the provision of such sery -we; and c) provide
assistance needed to initiate the service.
4. Deliver to H -GAC quarterly progress reports which include expenditures,
position papers, feasibility studies, technical reports and any other
products of the transit planning process.
EXHIBIT B
SUMMARY OF FRINGE BENEFITS
BASED ON AVERAGE SALARIES
Average Salary
Social Security
TMRS Retirement
Insurance
Worker's Compensation
Holidays
Sick Leave
Vacation
TOTAL FRINGE BENEFITS
% OF FRINGE BENEFITS
TOTAL ANNUAL COST
IN 1986 BUDGET
$20,436.38
x
.0715
20,436.38
x
.0809
156.72
x
12
58.32
x
12
78.60
x
8
78.60
x
15
78.60
x
10
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ALL CITY EMPLOYEES
$20,436.38
1,461..20
1,653.30
1,880.64
699.84
628.80
1,179.00
786.00
$ 8,288.78
40.56%
28,725. 16
All calculations based on 260 working days per
year with no overtime.
EXHIBIT C
UMTA
ESTIMATE OF EXPENDITURES
1986
UMTA
Labor $3125.00
Additive @ 1267.50
40.56%
Office Supplies 40.00
Travel & Reimbursable 567.50
MATCH
$ 889.30
360.70
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TOTAL
$4,014.30
1,62$.20
40.00
567.50
TOTALS $5000.00 $1,250.00
$6,250.00