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Ordinance No. 11,378ORDINANCE NO. 11.378 AN ORDINANCE OF TI IE CITY COUNCIL OF 1'1 -IE CITY OF BAYTOWN, TEXAS, AUTI IORIZING AtiIENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT «V ITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN- AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUN'l- NOT TO EXCEED NINETY -FIVE THOUSAND THREE HUNDRED SEVENTY -ONE AND 06/100 DOLLARS ($95,371.06): MAKING OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE DATE T1- IEREOF. BE Il- ORDAINED BY TI IE CITY COUNCIL. OF TIIE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown. Teets, hereby authorizes the City Manager to execute Amendment No. 3 to the Interlocal Agreement -.with Harris County for Circulator Bus Service in the City of Baytown. A copy of said an-iendtnent is attached hereto as Exhibit --A," and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to Harris County in an amount not to exceed NINETY -FIVE THOUSAND THREE f IUNDP- D SEVENTY -ONE AND 06/100 DOLLARS ($95.371.06) for circulator bus services in accordance with the amendment aUtllortZCd in Section 1 hereinabove_ Section 3: That the City ivtanager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) or less. provided that the amount authorized in Section 2 hereof- may not be increased by tnot-e than twenty -five percent (25 1/6). Section 4: This ordinance shall take effect immediately from and aftet- its passage by the City Council of the City of Bavtcwn. INTRODUCED_ READ and PASSED by the affirmative vote f the City Council of the City of Baytown this the I O[t[ day- of June. 2010. t ST HEN H_ DONCARLOS, Mayor 1- ETICIA GA APPROVED AS TO FOP-M: AC 1O RAMIREZ, SR., C' Attorney F2'.'.I< arc n'.F[Ics \Ciq Connetil \Ordin. ncrs,201011amr 10• Amendnien [3lnterloeal-0i3usCirculator Rrogram.doc Exhibit "A" A- MENDNIENT NO. 3 TO INTERLOCAL AGREEMENT FOR CIRCULATOR BUS SERVICE IN CITY OF BAYTO «'N THE STATE OF TEXAS COUNTY OF HARRIS This Amendment 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 ". W ITNESSETH WHEREAS. on or about July 8. 2008. BAYTOWN and the County entered into an agreement regarding the provision of fixed route us services in the City- of Baytown for a term of one year, and WHEREAS. the parties subsegeuntly entered into Amendment No. 1 to the Agreement to provide for continuation of the service for an additional year; WHEREAS, IEREAS, the parties subsequently enter into Amendment No. 2 to provide for a third fixed route under the Agreement and to provide for funding such third route; and WHEREAS, the parties now desire to enter into an amendment to extend the term of the Agreement through July 8. 2011, provide for funding during such extension, and to provide for trash removal for shelters by the City beginning in the third year of the Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants. a0reements and benefits to the parties herein named. it is agreed as follows: Section 2.4 of the Agreement. reading: 1 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 $173,000.00. 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. Baytown shall send an additional $75,000.00 to the County for use in paying its obligations to provide Local Operating Funds on or before July 15. 2009. Baytown shall send an additional $23,000.00 to the County for use in paying its obligations to provide Local Operating Funds on or before October 15, 2009. 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 such agreements with the County as the County deems necessary 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. the County shall have no obligation to continue providing the services hereunder if: 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. is amended to read: 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 $268,371.06. Baytown shall send $75.000.00 to the County for use in paying its 2 obligations to provide Local Operating Funds within 15 days of the effective date of this agreement. Baytown shall send an additional $75,000.00 to the County for use in paying its obligations to provide Local Operating Funds on or before July 15, 2009. Baytown shall send an additional $23,000.00 to the County for use in paying its obligations to provide Local Operating Funds on or before October 15, 2009. Baytown shall send an additional $95.371.06 to the County for use in paying its obligations to provide Local Operating Funds on or before July 15. 2010. The funds will be maintained in a special reserve account. Beginning on July 15, 2010, Baytown shall provide trash pick -up at the bus shelters serving the routes under this Agreement. Baytown shall be responsible for emptying trash cans and cleaning the area around each shelter at least once per week through use of one or more employees. Harris County will set aside an amount equal to $15.666.00 from funds received from Baytown and or others as contributions towards Local Operation Funds for use in paying for such services. Within thirty (30) days of receipt of a detailed statement and supporting documentation as required herein. the County shall reimburse Baytown the Reimbursable Cost, as defined below. for such services, up to the amount of contributions towards Local Operating Funds that are received and set aside in accordance with the previous sentence. At the close of each month in which services are provided, but not later than the fifth (51h) working day following such month, Baytown shall provide Harris County with a detailed statement in a form reasonably acceptable to the Harris County Auditor of the Reimbursable Cost incurred in providing such services during the previous month, including supporting documentation, which documentation may include. but not limited to invoices, and detailed payroll records. The detailed statement shall be certified in writing to be true and correct "Reimbursable Cost." as used in this paragraph. means salaries and wages paid for time actually worked and employer contributions for F.I.C.A. and Workers Compensation. and shall not include sick '93 leave, vacations, holidays, retirement, or other insurance or employee benefits. similar or dissimilar. 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 such agreements with the County as the County deems necessary 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, the County shall have no obligation to continue providing the services hereunder if: the funds from the City are totally expended, the County gives notice to the City to send additional fiends 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. Section 3.2 of the Agreement, reading: 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 I 1 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 4 is amended to read: 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 Lee College Students and Faculty (with identification) Article 6 of the Agreement, reading: ARTICLE 6 Term $1.00 each way $ .50 each way $ .50 each way $ .50 each way Free $2.00 each way Free Unless terminated sooner as set forth above, the term of this Agreement shall begin on July 8. 2008 and terminate at the end of the day on July 8, 2010. 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 is amended to read: ARTICLE 6 Term Unless terminated sooner as set forth above, the term of this Agreement shall begin on July 8. 2008 and terminate at the end of the day on July 8, 2011. 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 5 IN TESTIMONY OF WHICH, this Amendment, 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 David Turkel, Director of the County Community Services Department, pursuant to _ of the County Commissioners Court auth. 'zing such execution. b. I has on the Vn Vd'`-day o S .,. , 2010, been executed on behalf of the City of Baytown by f�,nd attested by its Secretary, pursuant to Ordi nail C.6 (+37 authorizing such execution. HARRIS COUNTY By:\ David B. Turkel Director of Harris County Community Services Department APPROVED AS TO FORM: VINCE RYAN, Harris County Attorney By: C Assistant County Attorn ATTEST �01OWN CITY OF BAYTO Irl:Lf:.. � By 'rintedN. e. 141',Zir a. Printed NaTGarrison C. Brumback City 1E1(rlc °" Title: - City Manager 6 I 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 JUN 2 2 2010 , 2010, 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: ►a©^'- constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING/APPROVING AMENDMENT NO. 3 TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FIXED ROUTE BUS SERVICE WITHIN THE CITY OF BAYTOWN Commissioner G O 2C IA introduced an order and made a motion that the same be adopted. Commissioner E ✓P 4.30 I Q 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 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: IT IS ORDERED that the Director of the County Community Services Department is authorized to execute for and on behalf of Harris County, Amendment No. 3 to an Agreement by and between Harris County and the City of Baytown regarding Fixed Route Bus Service within the City of Baytown, said Amendment being attached hereto and incorporated herein by reference for all purposes as though fully set forth word for word. Presented to Commissioners Court JUN 222010 APPROVE Recorded Vol__Page________