Loading...
HomeMy WebLinkAboutContract 52715 STATE OF TEXAS § CITY SECRETARY § C-ONTRACT No. 5o S COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND FORT WORTH TRANSPORTATION AUTHORITY ("TRINITY METRO") TO FUND A PORTION OF THE MERCANTILE AREA MOBILITY ON-DEMAND (ZIPZONE) SERVICE This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("City"), a home-rule municipal corporation of the State of Texas, and the Fort Worth Transportation Authority ("Trinity Metro"), a regional transportation authority under Chapter 452, Texas Transportation Code. The City and Trinity Metro are collectively referred to as the "Parties" and individually as a"Party"; and WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code (the "Act") provides legal authority for the Parties to enter into this Agreement; and WHEREAS, this Agreement is to provide a government function or service that each Party is authorized to perform individually, and it serves the common interest of the both Parties; and WHEREAS, the City and Trinity Metro desire to enter into this Agreement to outline the City's participation to funding a portion of Trinity Metro's operational costs for a pilot rideshare program, Mercantile Area ZIPZONE Service, to address the first-mile/last-mile connections to transit service at the TEXRail Mercantile Station; and WHEREAS, in 2015, Trinity Metro's master planning process identified first-mile/last- mile connections to transit as a key issue to be addressed to support core services, serve the needs of employers and the workforce, increase ridership by improving access to convenient service, and take advantage of emerging technologies and shared services through developing an on-demand rideshare pilot program to test the viability of filling these gaps in services; and WHEREAS, on December 17, 2018, Trinity Metro's Board of Directors approved BA2019-26, an On-Demand Rideshare Service Pilot Program to address the first-mile/last-mile connections to transit; and WHEREAS, on March 25, 2019, Trinity Metro's Board of Directors approved BA2019- 44, authorizing $500,000.00 from its FY2019 Operating Budget and Trinity Metro staff to negotiate and execute agreements to provide mobility on-demand services for 12-months not to exceed $1,000,000.00; and WHEREAS, on May 7, 2019, the Fort Worth City Council approved Mayor and Council (M&C C-29105) authorizing execution of an interlocal agreement with Trinity Metro to fund a portion of the Mercantile Area ZIPZONE Service operating costs in the Amount of $500,000.00; and Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authori MLAREtCMD fund a portion of operational costs for the Mercantile Area ZIPZONE Service CITY SE #T FT. WORTH,TX WHEREAS, the governing bodies of City and Trinity Metro, in paying for the performance of governmental functions or in performing such governmental functions, shall make payments from current revenues legally available to each Party; NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements contained herein, the Parties do hereby agrees as follows: ARTICLE 1. PURPOSE The purpose of this Agreement is to outline the City's funding participation for Trinity Metro's Mercantile Area ZIPZONE Service operating costs and Trinity Metro's obligations in operating the on-demand service, which will connect transit riders to jobs with access to fixed bus services and TEXRail. The City and Trinity Metro both agree that the Mercantile Area ZIPZONE Service pilot program is an important service to increase transit ridership and improve access to the available transit system. ARTICLE 2. TERM AND TERMINATION This Agreement shall begin upon the last day executed by all authorized Parties ("Effective Date") and shall continue in full force and effect for two years unless terminated ("Term"). Either Party to this Agreement may terminate this Agreement at any time and for any reason by providing the other Party thirty (30) days written notice to the other Party or pursuant to Article 20 of this Agreement. If termination is sought by Trinity Metro for any reason or no reason at all, or if termination is sought by City because of Trinity Metro's failure to abide by it obligations outlined in Article 3 of this Agreement, Trinity Metro shall repay the City for all used funds paid by the City to Trinity Metro under this Agreement up to the termination date. ARTICLE 3. TRINITY METRO'S RESPONSIBILITY Trinity Metro will implement the Mercantile Area ZIPZONE Service Pilot Program serving TEXRail Mercantile Center Station, Mercantile Center Business Park, Mark IV Commerce Park, Fossil Creek Business Park and Railhead Industrial Park as outlined in the proposed service area map attached as Exhibit "A" and incorporated herein as if copied in full. The ZIPZONE services will begin in July 2019 for a full 12-month period (365-days), or longer based on negotiated fees with available funding. Services hours of operation are weekdays (Monday thru Friday) from 7:00am to 7:00pm, except holidays, with a 12 minute response time. The Mercantile Area ZIPZONE Service initial fare base costs will be $3.00. Fare discounts and promotions may be made available to the user as defined by Trinity Metro and Mercantile Partners. Based on data collected after service launch, Trinity Metro may request a pricing increase beyond the $3 maximum. Trinity Metro will be responsible for any and all costs associated with the operation services of the Mercantile Area ZIPZONE Service Pilot Program. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the Mercantile Area ZIPZONE Service Page 2 of 7 Trinity Metro agrees that it will provide the City with the following performance reports in both formatted numerical and graphical reports: Data fora given period: • Requested of Origin • Requested of Destination • Number of Passengers • Fare Paid • Rides per Vehicle per Hour • Average Trip Duration from pick-up to destination(minutes) • Percent of On-time Responses within 12 minutes • Percent Completed Rides • Rider Satisfaction Metrics Trinity Metro shall invoice the City in the lump sum amount of$500,000.00 no later than 90-days after the Effective Date of this Agreement. ARTICLE 4. CITY'S RESPONSIBILITY Subject to annual appropriation, the City will pay Trinity Metro a lump sum amount of $500,000.00 upon receiving an invoice from Trinity Metro to support the Mercantile Area Mobility ZIPZONE Services. Trinity Metro must abide by the terms of this Agreement. ARTICLE 5. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no Party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. ARTICLE 6. ASSIGNMENT Trinity Metro shall not have the right to assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City, which such right shall be granted solely at the discretion of City. ARTICLE 7. GOVERING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each Party shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the Mercantile Area ZIPZONE Service Page 3 of 7 ARTICLE 8. REMEDIES No right or remedy granted herein or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. ARTICLE 9. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. ARTICLE 10. APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and ordinances of the City and Trinity Metro, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. Trinity Metro agrees that it will abide by all laws applicable to operating Mercantile Area ZIPZONE Services during the Term of this Agreement. ARTICLE 11. ENTIRE AGREEMENT This written instrument contains the entire understanding and agreement between the City and Trinity Metro as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with this Agreement. This Agreement may not be amended unless set forth in writing and signed by both Parties. ARTICLE 12. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. ARTICLE 13. INDEPENDENT CONTRACTOR It is expressly understood and agreed that Trinity Metro shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the Mercantile Area ZIPZONE Service Page 4 of 7 Agreement, Trinity Metro shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Trinity Metro acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Trinity Metro, its officers, agents, employees, servants, contractors and subcontractors. Trinity Metro further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Trinity Metro. ARTICLE 14. NO WAIVER The failure of either Party to insist upon the performance of any provision or condition of this Agreement or to exercise any right granted herein shall not constitute a waiver of that Party's right to insist upon appropriate performance or to assert any such right on any future occasion. ARTICLE 15. NON-APPROPRIATION OF FUNDS The City and Trinity Metro will use best efforts to appropriate sufficient funds to support obligations under this Agreement. However, in the event that sufficient funds are not appropriated by either Party's governing body, and as a result, that Party is unable to fulfill its obligations under this Agreement, that Party (i) shall promptly notify the other Party in writing and (ii) may terminate this Agreement, effective as of the last day for which sufficient funds have been appropriated. ARTICLE 16. RIGHT TO AUDIT Trinity Metro agrees that the City shall, until the expiration of three (3) years after termination of this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers, records, and communications of Trinity Metro involving transactions relating to this Agreement at no additional cost to City. Trinity Metro agrees that City shall have access during normal working hours to all necessary Trinity Metro facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Article. City shall give Trinity Metro reasonable advance notice of intended audits. ARTICLE 17. LIABILITY Nothing in the performance of this Agreement shall impose any liability for claims against City or Trinity Metro other than claims for which liability may be imposed by the Texas Tort Claims Act. Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")to fund a portion of operational costs for the Mercantile Area ZIPZONE Service Page 5 of 7 ARTICLE 18. AMENDMENTS No amendment to this Agreement shall be binding upon either Party hereto unless such amendment is set forth in writing, and signed by both Parties. ARTICLE 19. FORCE MAJEURE The Parties shall exercise their best efforts to meet their respective duties and obligations hereunder, but shall not be held liable for any delay in or omission of performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any state or federal law or regulation, acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions, transportation problems or existing contractual obligations directly related to the subject matter of this Agreement. ARTICLE 20. NOTICE Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other Party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other Party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Trinity Metro Attn: Dana Burghdoff, Interim Assistant City Manager Attn: Bob Baulsir 200 Texas Street 801 Cherry Street, Ste. 850 Fort Worth TX 76102-6311 Fort Worth,TX 76102 Facsimile: (817) 392-8654 Facsimile: (817) 215-7533 With Copy to the City Attorney �a f�� v At same address `Q , EXECUTED t CITY OF FORT WORTH: ATT T " By: _ � By: �- Dana Bur ff y Kayser, City Sec(et ry Interim Assistant City Manager CONTRACT AUTHORIZATION Date: I (�� ) M&C: C-29105 Date Approved: May 7, 2019 Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority(` rinity Metro")to fund a portion of operational costs for the Mercantile Area ZIPZONE Service LPage 6of7 FT. WORTH,TX APP AL COM N ED: By: Steve ooke, Interim irector Transportation and Public Works APPROVED AS TO F RM AND LEGALITY: By: Jessica Sangs g Senior Assis t City Attorney FORM 1295: N/A CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: a4AAI"1416 Chad Edwards Regional Mobility and Innovation Officer FORT WORTH TRANSPORTATION AUTHORITY: ATTEST: By: l �— By: Name: 'g��y RX.t t�tl C 112 Name: Pe Cf4,4�or Title: Title: c-yenk ye 19iSISfanj Date: 23' APPROVED AS TO FORM AND LEGALITY: By: ,PFFIC L ��®RD Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority( r m e o� o fund a portion of operational costs for the Mercantile Area ZIPZONE Service C97Y SECRETA FT. WORT,TX ._ i LLJ - •,�,� �- Uj CLEROY _44 1 UWK 6 Jobs open milli in 5 52 Jobs open M 1 , !�. ? _ ► j of�.-. /` ! 111 Camp Fire US '�'` �.�� _ - - - �t�ira�►' � ,ram ', M �.w•_�31111l� , ;� + . : • . . • l lr I7 Jobsopen s. rs Rail Stations 47 Jobs open TEXRad ,,�•■■■■�� Bua_Rmdes , Buxton / r 11111BNSF area pen ot .� .. .. ..� Mercantile MOD area 0 W� Trinity Metro SwAce Area MOD Area: 5.62 Sq. Mile MOON MOD Service area around - - M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F` H COUNCIL ACTION: Approved As Amended on 5/7/2019 REFERENCE ** 201LA FORT WORTH DATE: 5/7/2019 NO.: C-29105 LOG NAME: TRANSPORTATION AUTHORITY MOBILITY ON DEMAND CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Interlocal Agreement with the Fort Worth Transportation Authority (Trinity Metro) to Fund a Portion of Operational Costs for the Mercantile Area Mobility On-Demand Service in the Amount of$500,000.00 (COUNCIL DISTRICTS 2 and 4) RECOMMENDATION: It is recommended that the City Council authorize execution of an Interlocal Agreement with the Fort Worth Transportation Authority (Trinity Metro) to fund a portion of the operational costs for the Mercantile Area Mobility On-Demand service in the amount of$500,000.00. DISCUSSION: The City of Fort Worth and The Fort Worth Transportation Authority(Trinity Metro) have been working closely to identify opportunities for first-mile/last-mile connections to transit service. In December 2018, the Trinity Metro Board of Directors approved a Pilot On-Demand Rideshare Service to address the issue. The January 2019 opening of the TEXRail Mercantile Station in North Fort Worth provided an opportunity to utilize this pilot service in the area. Due to the sparsely dense area, it is difficult to establish high-performing, fixed-route bus services. However, the on-demand service will provide access to the high number of jobs in the area through a connection to the TEXRail Mercantile Station. This 12-month pilot service will implement on-demand service and measure its effectiveness in an effort to expand the service after the pilot has expired. The City has agreed to help fund the pilot service as a way to increase transit ridership and improve access to the available transit system. The City previously appropriated $500,000.00 in anticipation of City support for the on-demand service pilot. Trinity Metro identified $500,000.00 from its FY2019 Operating Budget and the Board of Directors has authorized staff to negotiate and execute agreements to provide on-demand services for 12-months not to exceed $1,000,000.00. Trinity Metro is also pursuing private funding that will add to the available funding that will allow a possible extension of the pilot service. This Interlocal Agreement is in COUNCIL DISTRICTS 2 and 4. This contract will be with a governmental entity, state agency or public institution of higher education: (Fort Worth Transportation Authority). FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, of the TPW Gas Lease Project Legacy. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program I Activity Budget I Reference# Amount ID I I ID I Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc review.asp?ID=26945&councildate=5/7/2019 9/3/2019 M&C Review Page 2 of 2 FROM rm—dpDepartment Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Steve Cooke�5134) Additional Information Contact: Chad Edwards (7258) ATTACHMENTS Map Mercantile MOD.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=26945&�ouncildate=5/7/2019 9/3/2019