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HomeMy WebLinkAboutContract 44217 ciTy sF.CRETARY CONNACT NO* MEMORANDUM. OF N ERSTAN IN AND AGREEMENT BETWEEN 1 H CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY REGARDING IMPROVED PROGRAM ASSESSMENTS AND TRANSPARENCY This Memorandum of Understanding and Agreement (Agreement") is entered into by and between the City of Foul "worth (the City), a l ine-rule municipal corporation of the Status of Texas, acting by and through its duly authorized Assistant City .manager, and the Fort Worth Transportation Authority she T"), a regional transportation auth.orit, ` RTA" consisting of one subregion, acting, by and through its duly authorized Executive, Director. The City and The T are each referred to individually herein as a Party" and collectively as the"Parties." RECITALS The City and The T agree that the following statements are true and correct and constitute the basis on which they have entered into this Agreement. WHEREAS, in two separate elections in 1 983, voters in the North. Texas area authorized the creation of two RTAs cis �, each consisting of a single subregion . the Dallas Area Rapid Transit System (DART) for the Dallas subregion and The T for the Tarrant subregion under the statutory predecessor to Chapter 452 of the Texas Transportation Coy de and authorized each RTA to collect a designated percentage sales tax for provision of public transportation and WHEREAS in the nearly tluu+ee decades since the creation of the two RTAs, the area has expe ienced explosive growth, with the combl ined population of Tarrant and Dallas Counties nearly doubling firorn a little over 2.4 million in 1980 to almost 4.2 million. in 2010; and WHEREAS, the tremendous level of.growth combined with the aging infrastructure of the federal and state highway systems has resulted in increased congestion on area roadways and additional strain on limited tax dollars; and WHEREAS, these conditions have further emphasized the growing importance of providing viable public transportation alternatives in. a manner that conforms to public demand and that is as efficient as possible; and WHEREAS, the Texas Legislature islature has built into Chapter 452 a number of provisions that require on-going analysis and public input with respect to the transit operations provided by DART but has not provided corresponding requirements, for the T and WHEREAS, the Parties agree that implementing processes to provide similar analysis and public input would constitute exercise of powers necessary and convenient in The T carrying out Chapter 452 and would be extremely beneficial in ensuring that the operations of The T are as efficient and responsive as possi I o le and in assuring the public that its voice is being,heard and that its, tax dollars are being spent in the most efficient and effective manner possible- and WHEREAS, the Parties wish to enter into the Agreement to provide for more beneficial operational analysis and public input in the operation of The T. OFFICIAL RECORD N1 0 RECEIVE FEB FT. WORTH, TX MA Menlornildlim n f I Incif-mtaradincy and r "ient CFW and The T Pq JQF J-. I of I Cl NOW, THEREFORE, for and in, consideration of the premises outlined above and the mutual covenants herein contained, the City and The T do hereby agree as follows: AGREEMENT' 1. PURPOSE AND SCOPE. The purpose of this Agreement is to set forth the terms and conditions tinder which the 11 tv City, and The T will cooperate to proviae for additional operational analysis and public input with,regards to The T's transit operations. 2. TERM, This Agreement shall commence on January 1, 2013 and will expire December 31,, 2016 ("Initial Ten-n"). Following the Initial Tenn, this Agreement will automatically renew for 4 successive two-year periods unless either Party provides the other with written notice of intent not to renew at least 180 days prior to the expiration of the then-c.,Urrent term. 3. DUTIES OF THE PARTIES AND SERVICES PROVIDED, 3.1. The T will.- a, within one week of The T staff submitting its initial annual budget proposal to The T board, provide a copy of the initial budget proposal to the City for review and comment, b�. within one week of The T board voting to approve the annual budget, p 'de a copy of the adopted budget to the rovi City- I C. At least 20 days before the date of a public hearing under subsection (h), provide notice to the governing body of each municipality and the commissi,oners court of each county affected by the subject of the public hearing by depositing properly addressed notice in the United States mail wit,h postage paid. d. On or efore July 'I of 2013 and of each fifth year thereafter, evaluate each distinct transportation service The T provides that generates revenue, including light rail, bus, van, taxicab, and other public transportation services, and determine whether The T should solicit competitive, sealed bids from other entities to provide these transportation services,. j..% Before October I of the year in which the evaluation is conducted, deliver a copy of the evaluation results, and of The T's response, if any, to the evaluation to: (i) the county judge of each county having territory in The T­ and (ii); the presiding officer of the governing body of each municipality having territory iii The T. e. Seek voter approval, in the manner provided for the issuance of bonds and notes under Subehapter H of Chapter 452 of the Texas Transportation, Mern(innndurn of I Indemtandino and Avreernent—CFW andThe,T Pa o+ )of 10 Code, for any lease, or financing agreement secured wholly or partially by the assets of The T if'the duration of the lease or financing agreement is longer than five years, provided however, that The T shall not be required to seek voter approval if the transaction meets the criteria established Under Section 452.108(d) of the Texas Transportation Code. Document the reasons for the award of a contract for (i) professional r services awarded to a person other than the person proposing to deliver the services at the lowest cost; or (10i construction, services, or property awarded to a person other than the person recommended by the staff of The T, with such documentation to include all of the reasons fo r not selecting, as appropriate, the person proposing to del,l,v,er the services at the lowest cost or the person recommended by the staff. Within one month of awarding a contract subject to the preceding paragraph, deliver a copy of the documentation of reasons to (1) the county judge of each county having territory in The T; and (1 1) the presiding officer of the governing body of each municipality having territoryin The T. 9. Require a two-thirds vote of The T board in order to (i) issue any debit allowed by law; (11), enter a lease as lessee or financing agreernent as obligor if the lease or agreement is secured by the other assets of The T-1 (iii) effect a major change in a service plan as described by Section 452.303 of the Texas Transportation Code; (lv) approve the financial plan for The 'F; or (v) enter an agreement with any municipality included in the area of The Ti for,the distribution of The T revenues. h. Hold a public hearing on ('i) any fare change; (ii) a service change involving (A), 251 percent or more of the number, of transit route miles of a transit route; or (B) 25 percent or more of the number of transit revenue vehicle miles of a transit route!, computed daily, for the day of the week for which the change is made; or(ill) the establishment of a new transit route. When the number of changes of a type described in the preceding paragraph in a fiscal year would equal the percentage applicable 'in that paragraph, the public hearing must be held before the change that would equal or exceed the percentage. For purposes of this subsection -the followhig definitions and criteria shall apply: (i) "Transit route" means a route over which a transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up or discharging passengers at regularly scheduled stopis and intervals. 01) "Transit route mile" means one mile along a transit route regularly traveled by transit vehicles while available for the general public to carry passengers. Menior,inldnm of I ( FiWand The T Rai Oe"I of 10 (iii) "Transit revenue vehicle mile"' means, one mile traveled by a transit vehicle while -the vehicle is available to the general public to carry passengers. (iv) "Service change" means any addition or deletion resulting in the physical realignment of a transit route or a change in the type or fi-equency of service provided in a specific, regularly scheduled transit route. (v) The length of' a transit route is the distance traversed in traveling completely over the route and returning to the starting point to begin another circuit of the route. 1f route is defined in one direction only, the one-directional, distance is the route length. Hold a public hearing on a proposed change in the serviceplan that wo�uld: (i) change the location of a righ,t-of-way of a fixed guideway systern,', (iii" change or add a width of a right-o�f-way of a -fixed guideway systern; (iii change a grade separation or add a grade separation to a fixed guideway system; (iv) move the location of a station of a fixed guideway system; (v) reclassify the aerial, at-grade, or sub grade vertical alignment of a fixed guideway or establish the vertical alignment of a fixed guideway-, (vi) move the location of: (A) a parking lot;(B) a maintenance facility; or(C) an off"street transfer center; (vii) add a facility listed in subsections (vi); or(viii) add a route for a -fixed guideway system. Before holding a public, hearing required under the preceding paragraph The T board shall in writing notify: (0 each owner of real property located within 400 feet, including streets and alleys, of the boundary of the proposed right-of-wa,y or the boundary of property on which the facility is proposed to be located; and (1i) the governing, body of each municipality and the commissioners, court of each county in which the changed or additional right-of-way or facility is to be located. The notice required by this subsection shall be given to each governing body and to the property owners, shown by the municipal or county tax roll at least 20 days before the date of the hearing by depositing the properly addressed notice in the United States mail with postage paid. After the public hearing under subsection (i),, require a favorable vote of J. two-thirds f'the member's present to make a change in the service plan described by subsection (4. Within one week of the vote to make a change in the service plan under this subsection, The T board shall give notice of the change to: (i) the commissioners court of each county in which the changed or additional right-of-way or facility is to be located if the change is located in an unincorporated area- and (ii) the governing body of each municipality in which the changed or additional right-of-way or facility is to be located. Mornorandiim of I Ind eron nd i tip,and Aoree-ment -CFWqnd TheT Ps Pe 4 of 10 ki. Within one month of compiletion of an audit prepared under, Section 452.451, of the Texas '"Franspot-tation Code, The T bloard shall deliver a copy of the audit to ittie City's, interrial auditor within one on of the, date such audits Completed. The City's internal,, auditormay elect to, file any comments about the audit 'with Fort Worth City Council and `Yhe T board, subject to, a risk assessment performed by t'he City"s, internal auditor and to the Fort 'Worth City COUncil's approval of,including the preparation of the comments in the 'internal au ors annual, audit plan. The T shall allow the City's internal auditor to (1) examine any work papers from The T's aud'it-i or it audit the financial transactions of The T if the City I S internal auditor deternitnes, an, audit 'is necessary. On or before April 1, of 2013 and of each fourth year thereafter.) contract for a performance aUdit of The T to be conducted by a firm that has experience in review,ing the performance of transit agenc,ies., The purposes of the performance audit are to provide: (1) evaluative ri for niation necessary for the performance of'oversight functions by state and local officers; and (ii) information to The T to assist in making changes for the improvetnent o ' the efficiency and, effectiveness of The T' s operations. Each performance audit must include,an examination of: O one or more of the following, (A) the a,dministra n and managernent of The,T; (B) transit operations-, or (C) transilt authority system maintenance*, (11) The Us compliance with applicable state law, including Chapter 452 of the Texas Transportation Code; and (Ill) the following perfomiance indicators: (A) subsidy, per passenger, operating cost per revenue mile, and operating cost per revenue lioul-, with (1) the subsidy per ssenger being computed by subtracting annual operating, revenues, ffom, annual operating costs, and dividing that amount by the t 'I numbe, f ss,engers for the same per*od, ota r o 1 pia I (11,) the operating cost pier passenger being computed by dividing,The T's annual operating cost by the passenger trips for the same period,, Menioinnit1iini of 11 IndeiNtntidinoand Atyreerneni—CFW 4,1t1d The T Pa 0 e 5 o F I (1111) the operating cost per revenue hour being computed by dividing the annual operating, cost blit Y the total of scheduled hours that The T"s revenue vehicles are in revenue service for the same period; and (IV) the operating cost per revenue mile being cornputed, by dividing the annual operating cost by the number of miles traveled by The T's revenue vehicles while in revenue service; (B) sales and use tax receipts per passenger, with the receipts per passenger being computed by dividing the annual receipts from The T's sales and use taxes, by passenger,trips for the same pen*od-, (C) fare recovery rate, with the rate being computed by dividing the annual revenue (including fares, tokens, passes, tickets, and route guarantees) provided by passengers and sponsors of passengers of revenue vehicles by the operating cost for the same period but excluding, from revenue provided by passengers and sponsors, of passengers all charter revenue, 'Interest income, advertising income, and other operating income; (D) number of passengers: per hour, with the number being computed by dividing the total number of annual, passengers by the total number of revenue vehicle hours for the same period; (E) on-time perfo-n-nance, with such, performance being, computed by determining an annual percentage of revenue vehicle trips of revenue vehicles that depart from selected locations at a time not earlier than the published, departure time and not later than five minutes after that published time. On-time performance is computed only for fixed route revenue service, (F) number of accidents per 100,000 miles, with the number being computed by multiplying the annual number of' acci 'eats by 100,0i001 and dividing the product by the number of miles for all service, 'including charter and nonrevenue service, for the same period. In this subsection, 44acci lent" includes: (1) a collision that involves, a T revenue vehicle, other than a lawfully parked revenue vehicle, and results in property damage, injury, or death; and (11) an operating incident resulting in the injury or death of a person on board, or boarding, or alighting from a T revenue vehicle; and Mernorninditim of I 1ndetNtfnndinP A TI d Apreement—CFW and The,'T pa cye 0()f I (G) number of miles, between mechanical service calls, with the number being computed by dividing the annual number of miles for all service, including charter service and no service, by the number of mechanical service calls for the sarne period. In this subsection, "mechanical, service call" means an interruption in revenue service that is caused by revenue vehicle equipment failure that requires assistance from a person other than tile vehicle operator before the vehicle can be operated norurally. A subject described under subsection (i) must be examined at least once in every third audit. For purposes of tills, subsection the following definitions shall apply.- "Operating cost"' means, The T's costs of providing public transit service, including purchased transit service not performed by The T, but excluding the costs of: (A) depreciation, amortization, and capitalized charges; (13) charter bus operations; and (C) coordination of carpool and van pool activities. "Passenger" or "passenger trips" means the number of all passenger, hoardings, including transfers, but excluding charter passengers and carpool and vanpool passengers whose trips are only coy r(linated by The T. "Revenue service" means the time a T revenue vehicle is, in service to carry passengers,, other than charter passengers. "Revenue vehicle" means a vehicle, or a combination of rail vehicles comprising a train, that is: (A) used to carry paying passengers; and (B,) operated by The T or as a purchased service. M. Prepare a written response to the perforrnance audit report. The response must include each proposal for action relating to recommendations included in the report, whether the proposal for action is pending, adopted, or rqjected., The T shall make copies of'the report and the response available for public inspection at the offices of The T during nor-nal business, hours. The T shall conduct a public hearing on each performance audit report and The T's response to the audit., The T shall give notice of the hearing by publication of the notice in a newspaper of general. circulation in the area included in The T at least 14 days,before the date ofthe hearing. n. Before February 'I of the year after the year in which the performance audit is conducted, deliver a copy of each perfon-nance audit report and of The T's response to the report to: (1) the county judge of each county having, territory in The TI; and (ii) the presiding officer of the governing body of each municipality having territory in The T. Meniorandunn nf I Aoreement-CFW;in(-1 The T N op,7 of 10 0. For any public hearing required under this section, post notice of the public hearing in the same manner in which The T posts notice for meetings that are subject to the Texas OIpIen Meetings Act. Notice required under this subsection shall be in addition to any other notice required herein. 3.2 The City Will: a. Perform, at its own expense, all tasks associated with considering matters under Section 3.2 that require City review, input,, or appIroIval. b. Through its internal auditor, provide, at the City's own expense,, (i) review of The T"s annual financial audit, including, when warranted, the fi,ling of comments about the audit with Fort Worth City Council and The T board, subject to, a risk assessment perfori-ned by the City's internal auditor and to the Fort Worth City Council's approval of including the preparation of the comments in the internal auditor's annual audit plan; (1i), examination, when warranted, of any work papers from The T's audit'; and (iii) audit the financial transactions of The T if the City's internal auditor determines an audit is necessary. C. Assist in efforts to publicize The T's notices of changes and public hearings by posting notices that the City receives from Tile T on the City's website and by 'Including infer ri-nation regarding such notices in water bill inserts and City page articles as resources allow. 410, CONSIDERATION,. By execution of this Agreement, the City and The T acknowledge and agree that perfon-nance by each Party of its respective obligations under Section 3 and the exchange of the other covenants and promises, expressed herein serves as adequate c onsideration fir entering into this Agreement and for binding the Parties hereto. 5. GENERAL, PROVISIONS. 5.1 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 plerfon-nance or to assert any, such right on any future occasion. 5.2. S,everabi 0 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. 5.31. Force Maieure. The Parties, shall exercise their best efforts to meet their, respective duties and obligations hereunder.. However, if either Party is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts, of God- strikes, lockouts, or other industrial disturbances,f acts of public enemies-- Mernnnindlim of*I III ndomtn ndinp and Aorret-voic.,ilt -CFW"Ind The Ti Noe A of J 0 wars', blockades, insurrections-, riots, epidemics, public health crises, earthquakes'; fires; floods; restraints or prohibitions, by any court, board, department, commission,, or agency of the United Mates or of any state; declaration of a state of disaster or of emergency by the federal,, state, county, or City government in accordance with applicable law; issuance of a Level range or Level Red Alert by the United States Depart i-nent of Homeland Security, any arrests, and restraints, civil disturbances; or explosions, or some other reason beyond the Party's reasonable control (collectively, "Force Majeure vent )I, the obligations, so affected by such Force Majeure Event will be suspended only during the continuance of such event.. 5A Venue and Jurisdiction. 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. 5.51 Compliance with Laws Ordinances, Rules and Regulations. This Agreement is subject to all applicable federal, state and local laws,,, ordinances, rules and regulations,, including but not limited to all provisions of the City's charter. 5.6 Independent Contractors. Each Party shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the other Party. Each Party shall have the exclusive cointroll of'and the exclusive, ri ght to control the work designated to be perfon-ned by that Party under the terms of this Agreement, and of all persons performing the same and shall be, solely responsible for the acts and omissions olf' the Party's officers, members, agents and employees. Neither Party shall be responsible under the doctrine of rexpo nd'enl superior for, the acts or omissions of the officers, mend ers, agents, employees or officers of the other Party. Nothing herein shall be construed as creating a partnership or joint enterprise between the City and The T. 5.7 Immuni"y ,and Third Parties. It is expressly agreed that, in the execution and performance of this Agreement, neither the City nor The T waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to that Party with respect to third parties against claims arising in the exercise of the Party's respective powers and functions. Nothing in this Agreement shall be construed to benefit any third party who is not a signor to this Agreement. This Agreement may not be construed to expand the liability of the City or The T beyond the scope of Chapter '10 1 of the Texas Civil Practice and Remedies Code. 5.8 Amendment. No amendment) modi fi cation, or alteration of this, Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and executed by both Parties. 5.9. Notices. All notices required by this Agreement shall be addressed to the Parties at the following address, or at such other address as either Party designates in writing, by band delivery or by United States first-class mail, postage prepaid. Mernorinch im(-)f l Inde"tandi no and A oreement—CFW a nd Jlu--�T pa of-,9 r)1`In If to the City: If to The T. Femando, Costa, Asst. City,Manager Richard Ruddell, Executive Director 1000 Throck-morton St. 1600 East Lancaster Avenue Fort worth, TX 761102 Fort Worth, Texas 76102 5.10 Review of Counsel. The Parties acknowledge that each Party and its counsel have had opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits hereto. .1 Entiret 1 1*1 y of Agreement. Th s w Wen instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the Parties concerning the subject matter addressed herein,, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals as of the last date indicated below,-. CITY OF FORT WORTH FORT WORTH TRANSPORTATION AUTHORITY, By. y y: v-, Fernando Costa Richard RAddell Assi"stant Cifty Manager Executi've ffirector Dateo.', Date.- ATTE S 00 0 By N Mary"Ka*`yser C1*ty Secretary Date* 0 ASP R VED[A TO: FORM AN Yo BY• Denis er Assi*stant City Attorney 4 FOFFICIAL RE,CORD y C11TY S CITY SECRETAXY F J:T X TVI W01 T.WORTHv TX Mernomndiim of I Sri dt-.tNt:4n ding and Aoreen-w-nit CF'W and Thel" pa(re 10 of 101 A Resolution NO. 4175-01-2013 A RESOLUTION CALLING FOR EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH TRANSPORTATION AUTHORITY TO PROVIDE IMPROVED PROGRAM ASSESSMENTS AND PUBLIC PARTICIPATION WHEREAS, in 1983 voters in the City of Fort worth confirmed the creation of the Fort worth Transportation Authority ("The T") and authorized the levy of a sales tax for the provision of public transportation; and WHEREAS, in the three decades since The T was created, the population in Tarrant County has more than doubled — from 860,880, according to the 1980 Census, to 1,809,034, according to the 2010 Census; and WHEREAS, because the western Sub-Region of the D/Fw Metroplex has experienced this growth and is expected to grow exponentially, it is critical that Fort worth and Tarrant County have direct access to the regional interstate, national and international transportation system to include major employment centers and D/Fw International Airport; and WHEREAS, this tremendous growth combined with the aging infrastructure of the federal and state highway systems has resulted in increased congestion on area roadways and additional strain on limited tax dollars - emphasizing a growing need for rail-based transit alternatives that can help to alleviate congestion and thereby reduce wear on road infrastructure; and WHEREAS, according to its records, the Texas Comptroller of Public Accounts has disbursed an estimated $851,393,71 4.91 in sales tax to The T since its creation; and WHEREAS, to date, The T's efforts have been focused primarily on bus-based services with little progress made toward implementation of the types of rail-based transit available in other parts of the North Texas Region and the state; and WHEREAS, The T's development and execution of rail-based projects has been hampered by repeated delays and decisions that have not always conformed to expressed public preferences, leading to mounting frustration on the part of both public officials and private citizens; and WHEREAS, state law requires that most transportation authorities and rapid transit entities undergo periodic performance audits to ensure efficient service delivery and engage in public bearings prior to making certain decisions to provide transparency and public input; and _ART WORT Resolution No.4175-01-20:13 WHEREAS, state law does not currently impose these same assessment and public-input requirements on The T as with other large city transit providers; and WHEREAS, the City believes that implementation of these same processes at The T will lead to increased efficiency, improved performance, greater public satisfaction, and greater transparency of use of public funded resources; and WHEREAS, the City has prepared and presented The T with a proposed : 'Memorandum of Understanding ("MOU) intended to provide for transit delivery assessment and greater transparency and public input by mirroring requirements applicable to other transit entities under state law; and ''UHEREAS, the Fort Worth City Council, as a body of elected officials, is responsible to the citizens of:Fort worth for the efficient and effective use of public resources in securing infrastructure, economic viability and quality of life to the citizens of Mort Worth; and WHEREAS, the Fort Worth City Council confirms the necessity to implement the oversight imposed by the MOU and calls on the Board of Directors at The T to direct the agency's staff to execute the document; NOW,1 THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of THE CITY OF ;SORT WORTH TEXAS: 1. That the City Manager is hereby directed to execute the MOU with the Fort worth Transportation Authority to provide unproved program assessments and increased public participation; and 2. That the Board of Directors of the :Fort worth Transportation. Authority is called upon to direct the agency's executive .director or other, authorized representative to execute the MOU prepared and presented by the City. Adopted this 29th day of January, 2013. V alit 4V 00000000 %0 a op u 0 IU 0� v '� y. �e Q Mary Kayser, Secretary � � � JK 0 FoRTWORTH