13-R-85 - AACOG Public Transportation AgreementRESOLUTION NO. 13-R-85
A RESOLUTION BY THE CITY COUNCIL AUTHORIZING AN
AGREI+aM1<aNT WITH THE ALAMO AREA COUNCIL OF
GOVERNMENTS (AACOG) TO PROVIDE FUNDING UP TO 522,020
FOR TRANSIT SERVICES IN THE CITY OF SCHERTZ.
WHEREAS the Alamo Area Council of Governments (AACOG} has been providing
Waal transit services to Schertz through the ART program, and
WHEREAS as a result of the 2010 Census the City of Schertz is now part of the San
Antonio Urbanized Area, and
WHEREAS, as a result of this designation, Rural Transit funds can no longer be used to
support this service, and
WHEREAS, VIA Metropolitan Transit is the designated recipient for Urban Funds which
can be used to support this program, and
WHEREAS a local match of $22,020.00 is required fox the upcoming 2013-2014 Fiscal
Year,
WHEREAS AACOG has been designated by VIA as the recipient of funds to continue to
provide transit services,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council desires to enter into an agreement with AACOG to
provide match funds of $22,020.00 in order for the Alamo Area Council of Governments
(AACOG) to continue to provide this transportation seiwice generally per the agreement attached
as Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council,
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
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Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is off dally found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 24'h day of September, 2013.
CITY CHERT ERAS
ayor, Michael R. Carpenter
ATTEST:
City Secretary, Bren a Dennis
(CITY SEAL)
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Exhibit "A"
Agreement with AACOG
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INTERLOCAL AGREEMENT FOR
City of Schertz Demand-response Route
Article 1. Parties and Purpose
1.1 The Alamo Area Council of Governments ("AACOG") is a regional planning
commission and political subdivision of the State of Texas, organized and
operating under the Texas Regional Planning Act of 1965, as amended, Chapter
391 of the Local Government Code.
1.2 The City of Schertz (the "City") is a home rule municipality, located in Bexar,
Comal, and Guadalupe County Counties, Texas.
1.3 This Interlocal Agreement {the "Agreement") for provision of demand-response
public transportation services by AACOG for the City is entered into by and
between the City and AACOG, as authorized under Chapter 791 of the Texas
Government Code. VIA Metropolitan Transit is providing Federal funding for the
expanded San Antonio UZA, based on the 2010 census. This Agreement provides
for the City's portion of local match required to supplement that #unding.
Articie 2. Definitions
2.1 Curb-to-curb. Picking up and discharging passengers at the curb or driveway in
front of their home or destination. The driver does not assist or escort passengers
to the door.
2.2 Demand-response. Anon-fixed route system of transporting individuals in which
individual passengers may, at least one day in advance, request a trip from one
specific location to another specific location at a certain time.
2.3 Designated holidays. Christmas Day, Independence Day, Labor Day, Memorial
Day, New Year's Day, and Thanksgiving.
Article 3, Goods and Services
3.i For the City's financial commitment below, AACOG agrees to furnish the City with
a demand-response, curb-to-curb, public transportation service in response to
requests made by residents of City to AACOG's Alamo Regional Transit {ART).
The service will be open to the public and run Monday through Friday from 7:00
a.m. to 6:00 p.m. for 52 weeks per year, excluding designated holidays. AACOG
will provide for the following:
a. Vehicles having wheelchair accessibility;
b. Necessary, trained personnel to operate the demand-response service;
c. Operating & administrative activities and expenses associated with operation of
the demand-response transportation service;
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d. Ensuring all vehicles used in service to City are well maintained to afford
comfortable, safe, and reliable transportation for the City's residents.
3.2 In return for provision of AACOG's demand-response transportation service, the
City agrees:
a, To provide AACOG with financial support for Fiscal Year 2014 operations in the
amount of twenty-two thousand, twenty dollars ($22,020) (the "Financial
Contribution") to help defray operating costs of the demand-response service;
b. To continue financial support of the demand-response service #o AACOG in
succeeding fiscal years, so long as the City wishes the transportation services
to continue;
c. That the vehicles used shall not be for the exclusive use by or benefit of City's
residents, residents shall have no expectation of riding alone or only with other
City residents, and the City steal! have no ownership right in the vehicles
engaged in these services; and
d. It shall, for both Fiscal Year 2014 and all subsequent years it may wish to
continue this service, make contributions for performance of the transportation
services from current revenues available to it.
Article 4. Agreement Sum and Payment Terms
4.1 The parties have agreed to the City's Contribution for Fiscal year 2014.
4.2 The City and AACOG agree to meet annually, at a mutually agreeable time
sufficiently in advance of the City's budget cycle for the fiscal year to which the
Financial Contribution is to apply, to negotiate and agree to the City's Financial
Contribution for the next fiscal year.
4.3 The City shall contribute to AACOG the total Financial Contribution for 2013 by
November 15, 2013. The City shall contribute all agreed upon Financial
Contributions for succeeding years by October 1st of the applicable fiscal year.
Article 5. Effective Date and Term of Agreement
5.1 This Agreement shall be for a period of one (1) year, beginning October 1, 2013
and ending on September 30, 2014.
5.2 This Agreement shall renew automatically for successive one-year periods unless
either party notifies the other at the address provided at Article 9 at least sixty {60)
days prior to the then current expiration date of its intention to not renew the
Agreement.
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Article 6. Nondiscrimination and Equal Qpportunity
6.1. Neither AACOG nor the City shall exclude anyone from participating in and
receiving benefits of the services provided under this Agreement, or otherwise
unlawfully discriminate against anyone in carrying out this Agreement because of
race, color, religion, sex, age, disability, veteran status, or national origin.
Article 7. Early Termination of Agreement
7.1 If either AACOG or the City breaches a material provision of this Agreement, the
other party may notify the breaching party, describing the breach and demanding
corrective action be taken. The breaching party shall have five (5) business days
from its receipt of notice to correct the breach or to begin and continue with
reasonable diligence and in good faith to correct the breach. If the breach cannot
be corrected within a reasonable time, despite the breaching party's reasonable
diligence and good faith effort to do so, the parties may agree to terminate this
Agreement or either party may invoke the dispute resolution process of Article 8.
7.2 Termination for breach under Section 7.1 does not waive either party's claim for
damages resulting from the breach.
Article 8. Dispute Resolution
8.1 The parties desire to resolve disputes arising under this Agreement without
litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith
to resolve the dispute among them. To this end, the parties agree not to sue one
another, except to enforce compliance with this Article 8, until they have exhausted
the procedures set out in this Article.
8.2 At the written request of a party, each party shall appoint one representative to
negotiate informally and in good faith to resolve any dispute arising under the
Agreement. The representatives appointed shall determine the location, format,
frequency, and duration of the negotiations.
8.3 If the representatives cannot resolve the dispute within thirty (30) calendar days
after the first negotiation meeting, the parties agree to refer the dispute to the
Bexar County Dispute Resolution Center for mediation in accordance with the
Center's mediation procedures. A mediator assigned by the Center will conduct
the mediation. Each party participating in the mediation shall pay one-half the cost
of the Center's mediation services.
8.4 Unless the dispute is for non-payment of funds due under the Agreement, the
parties agree to continue performing their duties under the Agreement, which are
unaffected by the dispute during the negotiation and mediation process.
8.5 All terms of this Agreement are to be construed in accordance with the laws of the
State of Texas with venue lying exclusively in Bexar County.
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Article 9. Notice to Parties
9.1 Notice to be effective under this Agreement must be in writing and received by the
party against whom it is to operate. Notice is deemed received by a party as
follows: {1) when delivered to the party personally; {2) on the date shown on the
return receipt if mailed by registered or certified mail, return receipt requested, to
the party's address specified in paragraph 8.2 and signed on behalf of the party; or
{3} three business days after its deposit in the United States mail, with first-class
postage affixed, addressed to the party's address specified in paragraph 9.2.
9.2 AACOG's address is 8700 Tesoro Drive, Suite 700, San Antonio, Texas 78217,
Attention: Dean J. Danos, Executive Director. The City`s address is 1400 Schertz
Parkway, Schertz, Texas 78154, Attention: John Kessei, City Manager.
9.3 A party may change its address or designated representative by providing notice of
the change in accordance with paragraph 9.1.
Article 10. Limitation of Liability
10.1 AACOG agrees to maintain all vehicle, liability, and workers compensation
insurance as legally required by the Texas Department of Transportation.
10.2 Damages. In no event shall AACOG be liable to the City for any indirect, special,
incidental, punitive, or consequential damages, including, but not limited to, loss of
profits, loss of business, or other loss arising out of or resulting from this
agreement even if AACOG has been advised of the possibility of such damages.
Article 11. Miscellaneous
11.1 Each individual signing this Agreement on behalf of a party warrants that he or she
is legally authorized to do so and that the party is legally authorized to perform the
obligations undertaken.
11.2 This Agreement states the entire agreement of the parties, and an amendment to it
is not effective unless in writing and signed by both parties.
11.3 This Agreement is binding on and inures to the benefit of the parties' successors in
interest.
11.4 This Agreement is executed in duplicate originals.
11.5 The invalidity, illegality, or unenforceability of any provision of this Agreement shall
not affect the validity, legality, or enforceability of any other provision of this
Agreement.
11.6 Nothing in this Agreement shall be construed as a waiver either Party's statutory or
common law immunities.
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CITY OF SCHERTZ
By JOHN K EL
CITY MANAGER
Date !fl - 2-~~ t3
ALAMO AREA COUNCIL OF GOVERNMENTS
By
Date
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