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RECEIVED CITY SECRETARY
AUG 2 gg*TE OF TEXAS § CONTRACT NO. 5 a7 I
CIiY d�Fd TH §
t ITYS�C� NTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
THE FORT WORTH TRANSPORTATION AUTHORITY ("TRINITY METRO") FOR
CREATION OF THE "DASH" CIRCULATOR BUS 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 funding participation to Trinity Metro's creation of the "DASH," a circulator bus service
to operate between downtown Fort Worth and the area commonly known as West 71h
Street/Cultural District; and
WHEREAS, the Trinity Metro secured federal funds in the amount of$4,600,000.00 and
local funds in the amount of$1,664,000.00 for a total amount of$6,264,000.00 for the DASH
electric buses and charging stations; and
WHEREAS, on March 26, 2019, the Fort Worth City Council approved Mayor and
Council (M&C C-29077) authorizing execution of an interlocal agreement with Trinity Metro for
funding a portion of the DASH electric bus service operating costs in the amount of$150,000.00
per year for three years for a total amount of$450,000.00; and
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:
O FiCIAL RECORD
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Autho ty �`��tA1d RY
for funding of the DASH circulator E E
FT. WOMMI TX
ARTICLE 1.
PURPOSE
The purpose of this Agreement is to outline the City's funding participation for Trinity
Metro's creation of the DASH and Trinity Metro's obligations in operating the DASH, which
will be a circulator bus service between downtown Fort Worth and the area commonly known as
West 7th Street/Cultural District. The City and Trinity Metro both agree that the DASH is an
important public transportation addition.
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 three 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 operate the DASH circulator bus service between downtown Fort
Worth and the area commonly known as West 7" Street/Cultural District as outlined in the
proposed route map attached as Exhibit "A." and incorporated herein as if copied in full. Trinity
Metro purchased 4 buses for DASH operational services. DASH operations will begin no later
than September 22, 2019. Trinity Metro will provide circulator bus service operating on 15-
minute headways Sunday through Thursday between the hours of 9:30 a.m. and 10:30 p.m. and
Friday and Saturday 9:30 a.m. and 12:30 a.m. Trinity Metro will provide sufficient rides on the
DASH to accommodate ridership between the two areas. The fare for the DASH ride to be
charged by Trinity Metro shall not exceed $5.00 per person for an all-day pass or $2.50 per
person for a single ride unless a system-wide fare change occurs through the public involvement
process. Trinity Metro will be responsible for any and all costs associated with the operation of
DASH as well as any maintenance of the buses.
Trinity Metro agrees that it will provide the City with the following reports in a form
acceptable to City providing the following information:
• Monthly Ridership (daily average for Weekday (Monday-Thursday) and
Weekend (Friday, Saturday, and Sunday); and
• Monthly Operations (on-time performance, accidents, service down times); and
• Monthly Performance (charging/recharging needs).
Trinity Metro shall invoice the City in the amount of $150,000.00 annually beginning
after the Effective Date of this Agreement for three years, not to exceed $450,000.00 total.
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")
for funding of the DASH circulator
Page 2 of 7
Trinity Metro agrees to plan in its budget sufficient funds to continue operating the
DASH beyond the expiration of this Agreement. Trinity Metro will also seek other funding
opportunities as may be appropriate to assist with operating the DASH bus service during this
Agreement or after the expiration of this Agreement.
ARTICLE 4.
CITY'S RESPONSIBILITY
Subject to annual appropriation, the City will pay Trinity Metro $150,000.00 per year
upon receiving an invoice from Trinity Metro to support the creation and operation of the DASH
circulator bus service between downtown Fort Worth and the area commonly known as West 71h
Street/Cultural District. Trinity Metro must abide by the terms of this Agreement to continue
receiving funding. The total City contribution shall not exceed a$450,000.00 over the three year
period. The City will have no funding obligation beyond this initial three-year start-up
contribution and is not obligated to fund all three years.
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.
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
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")
for funding of the DASH circulator
Page 3 of 7
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 the
DASH 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
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
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")
for funding of the DASH circulator
Page 4 of 7
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.
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.
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority("Trinity Metro")
for funding of the DASH circulator
Page 5 of 7
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 City, State, Zip: Fort Worth,TX 76102
Facsimile: (817) 392-8654 Facsimile: (817) 215-7533
With Copy to the City Attorney. oft ®f�T
At same address
O
EXECUTED on this the 3 day of A , 2019. _< '
CITY OF FORT WORTH: ATTFAT,
By:_ By:
Dana Bur off y Kayser, City S c tary
Interim A ist t City Manager
Date: j CONTRACT AUTHORIZATION
M&C C-29077
Date Approved: March 26, 2019
A A RE ENDED:
By:
Stev Cooke, Interim Director
Transportation and Public Works -
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Auth w- PP�01
for funding of the DASH circulator CM SECRETARY
Ft WO 7
APPROVED AS TO FORM AND LEGALITY:
By:
Jessica Sang ng
Senior Assistant City Attorney
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: _ 6424/"446
Chad Edwards
Regional Mobility and Innovation Officer
FORT WORTH TRANSPORTATION AUTHORITY: ATTEST:
By: Z—- By:
Name: Name: WeA
Title: C-c D Title: r 1
Date: ? '7 —10\
APPROVED AS TO FORM AND LEGALITY:
By:
IOFFICIAL RECORD
Interlocal Agreement Between City of Fort Worth and the Fort Worth Transportation Authority�` 0�RETARY
for funding of the DASH circulator �/ g��
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA 4uWRTHor-
COUNCIL ACTION: Approved on 3/26/2019 -Ordinance No. 23614-03-2019
REFERENCE , 20INTERLOCAL AGREEMENT
DATE: 3/26/2019 NO.: C-29077 LOG NAME: DASH ELECTRIC BUS
SERVICES FUNDING 2019
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Interlocal Agreement with the Fort Worth Transportation Authority
(Trinity Metro)for Funding a Portion of Operational Costs for The Dash Electric Bus
Service in the Amount Up to $150,000.00 Per Year for Three Years and Adopt
Appropriation Ordinance (COUNCIL DISTRICTS 7 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance increasing estimated receipts and appropriations in the Culture
and Tourism Operating Fund (20101) in the amount Up to $150,000.00, from fund balance,
for the purpose of funding The Dash Electronic Bus Service; and
2. Authorize execution of an Interlocal Agreement with the Fort Worth Transportation Authority
(Trinity Metro) for funding a portion of operational costs for The Dash electric bus service in
the amount of$150,000.00 per year for three years.
DISCUSSION:
The Fort Worth Transportation Authority (Trinity Metro) has secured funding from the North Central
Texas Council of Governments (NCTCOG) in the amount of$6,264,000.00 for five electric buses and
charging stations. The buses are expected to arrive in April 2019. Funding for operations of the
service will be shared between Trinity Metro (75%), City of Fort Worth, and private entities along the
corridor. The estimated annual operating cost is $1.4 million. The City of Fort Worth will contribute up
to $150,000.00 contingent upon final matching fund raising to be raised from the private entities.
The electric bus service (The Dash) is a bus circulator designed to link the Cultural District and
downtown Fort Worth by way of West 7th Street. Service will be on 15-minute headways, seven days
a week with Sunday through Thursday hours 9:30 a.m. to 10:30 p.m. and Friday and Saturday hours
9:30 a.m. to 12:30 a.m. Service is expected to begin on September 22, 2019. This Mayor and Council
Communication will allow the City to enter into an Interlocal Agreement with Trinity Metro to fund its
portion of the operational costs for three years. Funds for future years will be included in the City
Manager's proposed budgets in the Culture and Tourism Operating Fund.
A map of the proposed route is attached below.
This agreement is in COUNCIL DISTRICTS 7 and 9.
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 upon approval of the above recommendations, funds will be
available in the Culture& Tourism Operating Fund. Prior to an expenditure being incurred, the
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26822&councildate=3/26/2019 9/3/2019
M&C Review Page 2 of 2
participating department has the responsibility to validate the availpbility of funds.
TO II
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chart field Z
FROM
Fund Department Account Project Program Activity T Budget Reference# Amount
ID ID Year (Chartfield 2) '
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Steve Cooke (�134)
Additional Information Contact: Chad Edwards (7259)
ATTACHMENTS
20INTERLOCAL AGREEMENT DASH ELECTRIC BUS SER ICES FUNDING RECOMM
#2 .docx
Map The Dash.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26822&councildate=3/26/2019 9/3/2019