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Ordinance No. 10,912ORDINANCE NO. 10,912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 City Manager to execute an Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Bavtown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26m day of June. 2008. ATTEST; kay™ie darnell; city cier BRANDON CAPETlCnX Mayor Pro Tem APPROVED AS TO FORM: ACIO RAMIREZ, SR., (fify Attorney RAKaren\Files\City C<nmeil\Ordinances\2008\June 26\Imerloca]4BusCirculatorProjjraiTi doc Exhibit "A" INTERLOCAL AGREEMENT FOR CIRCULATOR BUS SERVICE IN CITY OF BAYTOWN 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 Baytown, a home-rule city under the laws of the State of Texas, hereinafter called "Baytown". 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, BAYTOWN and the County find that the operation of Fixed Route Bus Service within the City of Baytown will enhance economic development, regional mobility and support transit services within the County and Baytown; and WHEREAS, BAYTOWN 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 Baytown. The parties agree that each will cooperate and coordinate with the other in all activities covered by the Agreement and any supplemental agreements hereto. 1 6/19/2008 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 BAYTOWN 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 Baytown 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. Signs will be supplied by the County and installed by the City on poles supplied by the City. Way-finding signage such as a route map must be located at all route transfer points and will be supplied by the County. As additional Federal Transit Administration ("FTA" capital improvement funds become available, the County, may, at 2 6/19/2008 its sole option, use those funds and matching Local Operating Funds provided by the city of Baytown 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 Baytown will provide advertising on the City of Baytown municipal television channel informing the general public of the available of transit services in the community. Additionally, the City of Baytown will provide information inserts into the City water bills or in its monthly City of Baytown Newsletter advertising the service. The design of the Information inserts will be provide by the County. 2.4 The City of Baytown will provide all required Local Operating Funds for the cost of the service during the term of this Agreement, up to a maximum of $75,000.00. Baytown shall send $75,000.00 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 Lee College for which Lee College is subject to a separate agreement, and the County may look to Lee College and others to pay part of the Local Operating Funds. In the event the Lee College does not reach an agreement with the County or ceases 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 in writing by the Manager as hereinafter defined. Should the County determine that such funds from the City of Baytown and others are inadequate to pay for all required Local Operating Funds during such first year, the County shall have no obligation to continue providing the services hereunder if: 3 6/19/2008 > the funds from the City are totally expended, > the County gives notice to the City to send additional funds to the County for the purposes of this agreement, and > the City fails to send additional funds to the County for purposes of this agreement within thirty days of receipt of notice from the County. 2.5 Any surplus funds remaining in the account upon termination of this Agreement will be refunded to the City 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 the City any earnings upon funds provided hereunder by the City. ARTICLE 3 County Obligations 3.1 The County agrees to operate the Fixed Route Bus Service in the City of Baytown 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 Baytown City Manager ("Manager"), 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 and written approval of the Manager. 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. Additional demand response service may be made available prior to 7:00 AM and after 6:00 PM subject to the availability of additional grant funding. A special Park and Ride Express bus will operate daily from 6:00 AM -6:45 AM and from 6:15 PM -7:00 PM Monday through Friday. Service on the bus will be as depicted on the attached Exhibit "A". 6/19/2008 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) $1.00 each way Children 2 years to 11 years $ .50 each way Seniors (65 and older with identification) $ .50 each way Disabled (With identification) $ .50 each way Children under 2 years Free Certified Demand Response Eligible Passengers $2.00 each way 3.3 FTA funds can only be accessed on a reimbursement basis, the expenditure of County and Baytown 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 Baytown may only be expended if the County to the extent that the County, at its sole option, expends matching funds for the purpose of seeking FTA reimbursement. Baytown'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 BAYTOWN and the County are governmental units under the Texas Tort Claims Act. BAYTOWN is not an agent, servant, nor employee of the County. The County is not an agent, servant, nor employee of BAYTOWN. 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. 6/19/2008 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 BAYTOWN or the County. Notwithstanding any other provision of this Agreement, either BAYTOWN 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. 5.2 Notice of Default. BAYTOWN or the County shall be deemed in default under this Agreement if BAYTOWN or the County in any 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 any failure of either BAYTOWN or the County shall be deemed to be a breach 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 BAYTOWN 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 funds provided by the City remaining at the expiration of this Agreement shall be refunded to the City within thirty (30) days of such expiration 6/19/2008 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, agreements, instruments and notices as may be necessary or appropriate to effectuate the purposes of this Agreement. 7.2 Maintenance of Records. The County will 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 manner consistent with National Transit Database reporting requirements and provide a quarterly report of same to BAYTOWN. BAYTOWN 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, BAYTOWN 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. BAYTOWN and the County shall permit the authorized representatives of BAYTOWN, the County, and the federal government to inspect and audit all data and records of BAYTOWN and the County relating to their performances under this Agreement. BAYTOWN shall keep its books and records as set forth above 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 6/19/2008 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 8410 Lantern Point Drive Houston, Texas 77054 TO BAYTOWN: City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522-0424 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 any one 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 6/19/2008 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 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: 6/19/2008 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 , 2008, been executed on behalf of the County by , pursuant to of the County Commissioners Court authorizing such execution. b. It has on theats ay of aun2,.2008, been executed on behalf of the City of Baytown by its City Manager and attested by its City Clerk, pursuant to Ordinance No.W.At authorizing such execution. Harris C my By avid B. Turkel Director of Harris County Community and Economic Development Department Approved AS To FORM: Mike Stafford, Harris County A orney By: .D c-•._ t./ ,.., Assistant County Attorney: ATTEST: CITY OF BA ( 4 - t.jai AL‘Ad , By KA E DARN L t ,� GARRISON . RUMBACK U P" U City k City Ma er 7C 10 6/20/2008 Al Exhibit A I h ira Mae- kV^ Baytown Airpcwl -BeV^ ' avis • at-h Alexander Island Evergreen Pom! 6/19/2008 Route 1 would be a north and south route from Park St. to San Jacinto Mall and return via Garth Road during the peak hours of 7am to 10:300am and again from 3:05pm until 6pm. • Stops on this route may include but are not limited to, Target, Wal-Mart, Conn's, Lowes Home Center, The Worksource, San Jacinto Mall, Home Depot, Krogers, Methodist Hospital and Baytown Primary Care. • Transfer connection at Walgreens -Garth / Park St. Route 2 would provide east service for the area from Park St at Garth to N. Main at Park, traveling N. Main St. to W. Main, over to Lee St. with stops at Lee College. The West bound run would travel from Lee College down Market to City Hall, travel back on Market to Main, go through the "state street subdivision via Main St, travel Main St. to Lee with stops up to Lee College. The bus would then proceed to the Park St. transfer via Decker and Garth Rd. • Stops on this route may include but are not limited to Lee College, Baytown City Library, Food Town, Harris County Health Dept... • Transfer connection at Walgreens-Garth / Park Route 3 would run from Park St. beginning 10:30am would add an east -west leg to the Garth Rd. Route 1 that would cover Rollingbrook St. and Baker Rd. until 3:05pm. • Stops would include Methodist Hospital, the Harris County Court annex on Baker, the Post Office on Baker, the WIC center and other services deemed essential. • The route would also include a north south component on Garth Rd with transfers at Park Rd. 6/19/2008 Exhibit "B" HARRIS COUNTY Information/Informacion 713-578-2044 6/19/2008 THE STATE OF TEXAS § COUNTY OF HARRIS § 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 .Rt 4 8 pins , 2008, with the following members present, to-wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 and the following members absent, to-wit: constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING/APPROVING AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FIXED ROUTE BUS SERVICE WITHIN THE CITY OF BAYTOWN Commissioner intro ed an order and made a motion that the same be adopted. Commissioner 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 ❑ ❑ Comm. Lee ❑ ❑ Comm. Garcia ❑ ❑ Comm. Radack ❑ 0 Comm. Eversole ❑ ❑ 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 order thus adopted follows: 1 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 Baytown regarding Fixed Route Bus Service within the City of Baytown, said Agreement being incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commissioners Court JUL 0 a- 2008 APPROVE 1 Roo rdo Vol_.._—.Peg_---- 6/20/2008