HomeMy WebLinkAboutContract 19689 CITY S )
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STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the Fort Worth Transportation Authority ("Authority"), a regional
transportation authority created and existing pursuant to Article I I I 8y of the Texas Revised Civil
Statutes, has been by public election confirmed and ratified as the agency to provide public
transportation and general transportation services (collectively "transportation services") in the
Authority service area and has the authority to provide such services; and
WHEREAS, the City of Fort Worth ("City"), a Texas home rule municipal corporation,
can provide certain needed services for the Authority; and
WHEREAS, the City and the Authority previously have entered into a contract (City
Secretary Contract No. 14052) that needs to be modified to reflect changed circumstances; and
WHEREAS, the City and the Authority are political subdivisions of the State of Texas
authorized to contract with one another under the Interlocal Cooperation Act, Texas Government
Code Ann. Chapter 791;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
WICIAL RECOG
That for and in consideration of the mutual covenants, promises a 14
ed
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herein, the City of Fort Worth, acting by and through Bob Terrell, taul
t uk, ri r pity
Manager, and the Fort Worth Transportation Authority, acting by and through Walker Friedman
its duly authorized Chairman of the Executive Committee, do hereby covenant and agree as
follows:
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ARTICLE I
PREVIOUS AGREEMENTS
1.1 The parties mutually agree that the previous contract between the City and the
Authority (City Secretary Contract No. 14052) is terminated and replaced by this contract.
ARTICLE 2
TERM
2.1 The provisions of this contract will become effective upon execution and be
renewed annually on each September 30, unless terminated earlier in the manner expressly
described in this contract.
ARTICLE 3
RESPONSIBILITIES OF THE
FORT WORTH TRANSPORTATION AUTHORITY
3.1 The Authority shall reimburse the City for appropriate expenses as described in
Article 6 Compensation and Payment Schedule.
3.2 The Authority shall be responsible for the planning, developtne4-,-
of the public transportation system in its service area in full compliance with V J",ANk-A-,, krat-opty
This shall include all normal functions of a public transportation authority incl t
of all revenues and receipts.
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3.3 The Authority shall manage the bus bench contract for the City. Placement of
bus benches shall be approved by City. All revenue from the bus bench contract shall be paid
to the Authority.
3.4 The Authority shall be the designated recipient for all Federal Transit
Administration (FTA) grants in Tarrant County. The Authority shall manage these grants in full
accord with FTA -rules and regulations. All grant requests by the City shall receive priority
attention.
3.5 The Authority shall present its Service Plan to the City for review and
consideration by the City Council at least annually. This shall be done in a meeting with the City
Council at a mutually agreeable time during the month of March or other mutually agreeable
time but before final adoption of the plan by the Executive Committee.
ARTICLE 4
RESPONSIBILITIES OF THE CITY
4.1 The Authority shall determine which administrative and support services it
desires to purchase from the City. The City and the Authority shall mutually agree on the terms
and conditions for providing any or all of these services.
4.2 The City shall implement, in its own manner, the agreed upon mobility and
Principal Arterial Street System (PASS) programs described below.
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4.3 As provided in City Secretary contract Number 17413, the�Ojj`
ty,
CITY Z RETARY
contract with Me-Donald Transit Associates, Inc. to the Authority. UJEE C
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4.4 As agreed in Mayor and Council Communications G8921, G8922 and G8923,
the City shall provide the match to state funds for the Principal Arterial Street System projects
when requested to do so by the Texas Department of Transportation.
ARTICLE 5
MUTUAL RESPONSIBILITIES
5.1 Effective with Fiscal Year 1994, the City and the Authority agree to implement
a regular program of street modification consistent with and limited by the powers of the
Authority to provide public transportation and general transportation services as set out in Article
1118y, Vernon's Texas Civil Statutes (hereinafter referred to as the "Program"). The Authority
hereby agrees to compensate the City for the costs of carrying out the Program as set out in
subsection 6.4 of this agreement. The City and the Authority further agree that each project
and/or category and type of projects included in each annual Program will be those which are
related to, and necessary or useful in carrying out the purposes for which the Authority was
created or within the powers of the Authority under State Law. The City shall develop the
Program each year and provide a copy of it to the Authority prior to beginning its
implementation.
5,2 Following the close of each fiscal year, the City shall provide the Authority with
a report on the implementation of the Program during such year, including information
concerning any changes made to the Program and any funds paid by t6,?-,- ff (Nty
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14 111 e:)L u rt t I A IR Y I
for carrying out such Program which have not yet been expended and aie to be carried over for
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use in the next fiscal year.
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ARTICLE 6
COMPENSATION AND PAYMENT SCHEDULE
6.1 The Authority shall reimburse the City monthly for any services purchased under
Article 4.1 above. The City shall calculate the cost of these services using its annual indirect
services cost allocation plan.
6.2 The Authority shall complete payments to the City for the PASS program on the
following schedule:
FY 93 - $ 2,841,000 - paid in equal installments on December 30, March 30,
June 30 and September 30.
6.3 The Authority shall pay the City $3,000,000.00 during fiscal year 1993 for
activities which are of the nature described in Section 5.1 of this agreement; provided however,
that such payments shall not exceed the amount the City has actually spent or has budgeted to
spend during such fiscal year for activities as described in Section 5.1 of this agreement.
Payments will be made in equal installments of$1,500,000.00 each on May 30 and September
30, 1993. Following the close of the fiscal year ending September 30, 1993, the City shall
provide the Authority with a report on the implementation of the Program during such year,
including information concerning any changes made to the Program and any funds paid by the
Authority to the City for carrying out such Program which have not yet been expended and are
to be carried over for use in the next fiscal year.
6.4 Beginning October 1, 1993, the Authority shall pay the
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for the Program described in Article 5.1 of this agreement. Payments v 11 b i u
quarterly installments on December 30, March 30, June 30 and September 30 of each year. The
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total amount of the payments in any one year shall equal 151 of the amount of the Authority's
sales tax revenues attributed to covered sales within the city limits of Fort Worth for the
preceding calendar year; provided that such amount shall never be more than the City has
actually spent or has budgeted to spend during such fiscal year for the purposes described in
Section 5.1 of this agreement. Any of these funds unexpended in the fiscal year in which they
are paid to the City shall be retained in a fund administered by the City to pay the costs incurred
under the current and future year's Programs.
ARTICLE 7
SOURCES OF FUNDS, SUPERIOR RIGHTS
7.1 All obligations of and amounts payable by the Authority under this contract are
solely payable from, and conditioned upon the receipt of, one or a combination of (a) current
revenues derived by the Authority, (b) current operating revenues derived by the Authority from
the operation of its public transportation system, (c) the current proceeds of sales and use taxes
levied by the Authority under Article 1118y, Texas Revised Civil Statutes, and (d) the proceeds
derived from the sale or issuance of obligations under this contract, or the part of those proceeds
that may be lawfully used for that purpose.
7.2 The Authority's obligations to make payments after execution of this contract
from the sources specified in Subsections (a), (b), and (C) of Section 7.1 are- oz inq
pledge or lien on those revenues, and the Authority reserves the right to i
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incur indebtedness in any manner authorized by law and to grant liens or p4djjs *#-ffh'r t-o*v'
claim or right of the City to seek payment under this contract.
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7.3 At least 10 days before the date of sale or award of any obligations of the
Authority payable from or secured by a lien or pledge on its revenues superior to the payments
due to the City in accordance with this contract, the Authority will give the City Manager notice
of the Authority's intention to do so, which notice will contain a general description of the
obligations proposed to be issued including the proposed principal amount thereof and the
proposed maturity schedule. This notice is not a precondition to the issuance of obligations by
the Authority.
ARTICLE 8
COMPLIANCE WITH LAWS
8.1 The parties, their consultants, agents, employees and subcontractors must comply
with all applicable federal and state laws, the charter and ordinances of the City of Fort Worth,
as amended, and with all applicable rules and regulations promulgated by all local, state and
federal agencies.
ARTICLE 9
NONDISCRIMINATION
9.1 Each party will use its best efforts to afford equal opportunity for employment
regardless of physical handicap unrelated to job performance, race, color, religion, national
origin, age or sex.
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9.2 Each party will make a good faith effort to contract with firms owned and
controlled by ethnic minorities and women, consistent with sound procurement principles.
9.3 Each party will establish an affirmative action policy that will ensure that
minority individuals and business entities receive the full and equitable opportunity to share the
Authority plans contract opportunities, employment and all other benefits.
ARTICLE 10
FINANCIAL INTEREST PROHIBITED
10.1 No officer, director or employee of the Authority or the City may have any
financial interest, direct or indirect, in the purchase or sale of any product, material, services
or equipment used in the performance of this contract.
ARTICLE 11
ENFORCEMENT, VENUE, AND GOVERNING LAWS
11.1 This contract is enforceable in Fort Worth, Tarrant County, Texas, and if legal
action is necessary for the enforcement and interpretation of any or all of the provisions or
conditions of this contract, exclusive venue will lie in Tarrant County, Texas.
11.2 This contract will be govemed by and construed in accordand'e-'with tPO-11
and
judicial decisions of the State of Texas.
CY &EIRE
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WORTH 10,
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ARTICLE 12
SAVINGS CLAUSE
12.1 The provisions of this agreement are severable and if for any reason a clause,
sentence, paragraph or other part of this agreement shall be determined to be invalid by a court
or federal or state agency, board or commission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without the
invalid provision.
ARTICLE 13
TERMINATION
13.1 This contract may be terminated by mutual agreement of the parties.
13.2 Each party hereto has a fiscal year ending on September 30th. Either party may
terminate this contract unilaterally on September 30th of any year during the term of the contract
(a) by giving written notice of intent to terminate at least nine months before the intended
termination date, or (b) without such notice, in the event no funds or insufficient funds are
appropriated and budgeted or are otherwise available in the next fiscal year for obligations
hereunder, provided, however, this subparagraph (b) shall not be construed so as to permit a
party to terminate in order to enter other agreement's or make other arrangements-for-,esse"W,
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the same sersices made the subject of this agreement.
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13.3 Termination of this contract will not affect rights and obligations of the parties
that survive termination by express provision of this contract.
EXECUTED this the r day of , 1993.
CITY OF FORT WORTH FORT WORTH TRANSPORTATION AUTHORITY
4 >,
Bob Terrell Walk F 'edman, Chairman
City Manager Executive Committee
APPROVED AS TO FORM AND LEGALITY:
Wade Adkins Chappell & Handy, P.C.
City Attorney General Counsel, FWTA
9a Robert A. Parmelee,
Assistant City Attorney Attorney
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ATTEST:
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City Secretary of the
City of Fort "north, Texas
n ract Au t orization
Date
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Amended the contract attached to Mayor and Council Communication
No. 0-13851 , as follows :
Section 4 . 4 was amended by changing the word "Authority" to
"Texas Department of Transportation, and Section 3 . 5 of the
contract was changed to provide that the annual meeting of
the Authority and the City Council to discuss plan be held
in March or other mutually agreeable time.
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of F
and COUMH Communication
DATE (1 REFERENCE NUMBER LOG NAME PA E
5125/93 C-13851 12THET 1 of 1
SUBJECT I APPROVAL OF CONTRACT WITH FORT WORTH TRANSPORTATION AUTHORITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the
attached contract between the City of Fort Worth and the Fort Worth Transportation
Authority.
DISCUSSION:
The City and the Fort Worth Transportation Authority (The "T") have previously entered
into a contract (City Secretary Contract No. 14052) pursuant to the State Interlocal
Cooperation Act for operation of public transportation services in the City.
On May 11, 1993, the City Council met in joint session with The "T" Executive Committee
to review a City of Fort Worth staff report highlighting issues relating to the future
of transit in the City, and the future relationship between The "T" and the City. In
that meeting, pending issues concerning the attached contract were debated and
resolved.
As part of the amended contract, the City' s current contract with McDonald Transit
Services (City Secretary Contract No. 17413) will be assigned to The "T" .
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that the execution of this contract will not
require the expenditure of City funds.
CB:a
DEE CIAL RECORD
CITY SECRETARY
Submitted for City Hanage—r's IIND ACCOUNT CENTER AMOUNT CITY SECRETARY
t f to)
Charles Boswell O
APPROVED
vt COUNCIL
Originating Department Head:
" f rom) MAY �S _
Wade it � _
AS 1UEND
Ear Additional—Information c2ei��z.
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Contact: _t y !Fort�i t h,Texall
Wade Adkins
7623
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