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HomeMy WebLinkAboutRES 89-216 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to enter into an intergovernmental agreement with the South East Texas Regional Planning Commission, substantially in the form attached hereto as Exhibit "A" , for transit planning funds through Section 8 of the Urban Mass Transportation Act of 1984, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10 day of October: , 1989. - Mayor - INTERGOVERNMENTAL AGREEMENT STATE OF TEXAS Q COUNTY OF JEFFERSON Q THIS INTERGOVERNMENTAL AGREEMENT, entered into by and between the South East Texas Regional Planning Commission and the City of Beaumont , Texas . WITNESSETH WHEREAS , the South East Texas Regional Planning Commission is designated the Metropolitan Planning Organization for the Jefferson-Orange Regional Transportation Study by the Governor of the State of Texas ; and WHEREAS , the use of funds made available under Section 8 of the Urban Mass Transportation Act of 1964 , as amended, shall be governed by the South East Texas Regional Planning Commission in accordance with the Urban Mass Transportation Administration External Operating Manual ( UMTA 1000 . 22 , Chg . 2 , 3-11-74 , Chapter III ) . NOW, THEREFORE, IT IS HEREBY AGREED that the South East Texas Regional Planning Commission and the City of Beaumont should enter into an Intergovernmental Agreement to effectuate the use of Department of Transportation Funds. The work which will be undertaken by the City of Beaumont includes Work Elements 2 . 1 and 2 . 2 as contained in the South East Texas Regional Planning Commission ' s 1990 Unified Work Program wherein the City EXHIBIT "A" of Beaumont is designated as responsible . Work Elements 2 . 1 and 2 . 2 and the associated Scope of Services are designated as ATTACHMENTS A, A-1 , B and B-1 , respectively,and are incorporated within this agreement as the STATEMENT OF WORK. AGREEMENT PERIOD The work which may be undertaken by the City of Beaumont under Work Elements 2 . 1 and 2 . 2 shall be initiated upon execution of the agreement between the two agencies . The work shall be undertaken and completed in such sequence as to assure its expeditious completion. The Scope of Services detailed in ATTACHMENTS A, A-1 , B and B-1 shall be completed and the presentation of the results and recommendations accomplished by September 30 , 1990 . Additional time for work completion may be approved by the Executive Director of the South East Texas Regional Planning Commission. STUDY COORDINATION AND REPORTS 1 . Coordination Study - Data, analyses , findings and recommendations will be reviewed and coordinated with Commission staff during the work program by the City of Beaumont . 2 . Report - After review and approval of the reports by the Commission' s staff and UMTA, 10 copies will be submitted to the Commission within thirty ( 30 ) days . 3 . Credit - The report prepared by the City shall include the following statement on the title page: "The 2 preparation of this report has been financed in part through a grant from the U. S . Department of Transportation Urban Mass Transportation Administration, under the Act of 1964 , as amended . " COMPENSATION The City of Beaumont shall be reimbursed for 80% of direct costs incurred in the performance of the work defined in ATTACHMENT A, A-1 , B and B-1 , which are allowable under the provisions of sub-part 1-15 . 2 of the Federal Procurement Relations Manual . In no case shall total compensation for approved work exceed $26 , 000 from Section 8 funds of the Urban Mass Transportation Act of 1964 , as amended. The City of Beaumont will. submit to the South East Texas Regional Planning Commission , on a quarterly basis , ' an invoice itemizing direct salary costs , man hours , direct expenses and fringe benefits for the previous calendar quarter. In addition, a report outlining work completed during the billing period will accompany each invoice . MAILING ADDRESS All notices and communications under this Agreement to be delivered to the City of Beaumont shall be mailed or delivered to the City of Beaumont, and be sent to the address of the City as fo11ows , "',less and „nti1 and the South East Texas Regional Planning Commission is otherwise notified: 3 Mr. Ray Riley, City Manager City of Beaumont P. O. Box 3827 Beaumont , TX 77704 All notices and communications under this Agreement to be delivered to the South East Texas Regional Planning Commission shall be sent to the address of the Commission as follows , unless and until and the City is otherwise notified: Mr. Don Kelly, Executive Director South East Texas Regional Planning Commission P. O. Drawer 1387 Nederland , TX 77627 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party. TRANSFER OF INTEREST Neither the South East Texas Regional Planning Commission nor the City of Beaumont may assign or transfer its individual interest in this Agreement without the written consent of the other party. The South East Texas Regional Planning Commission and the City of Beaumont each binds itself and its successors to all covenants in this Agreement . Nothing herein is to be construed as creating a personal liability on the part of any officer or agency or any public body which may be a party hereto . 4 COORDINATION OF PLANNING The City of Beaumont agrees to conform to Work Elements 2 . 1 and 2 . 2 prescribed by this Agreement to applicable governmental policies for the development of transportation systems in Texas . The preparation of Work Elements 2 . 1 and 2 . 2 shall be undertaken in concert with the present or future planning designations and responsibilities held by the South East Texas Regional Planning Commission and other interested agencies or governments. PUBLIC DATA All data and information developed under this agreement shall be public data and information, and shall be furnished or made available , upon request, to the South East Texas Regional Planning Commission and other interested and affected agencies, governments and parties. TERMINATION A. This Agreement may be terminated for reasons other than full performance by written agreement between both parties to the Agreement . B. In order to terminate the Agreement for breach of performance , the party claiming the breach shall give the other party written notice of its claim and, unless an agreement otherwise is reached, termination shall occur on the thirtieth day after receipt of such notice. 5 C. In the event of termination, the City of Beaumont shall deliver to the South East Texas Regional Planning Commission all finished or unfinished documents, data, studies , surveys , drawings , maps , models , reports , photographs , etc . , prepared by the City of Beaumont under this Agreement . D. The City of Beaumont , on agreement by the parties to this Agreement , shall be entitled to receive just and equitable compensation for any satisfactory work completed on such material . E. Venue . Venue and jurisdiction of any suite , right or cause of action raised under or in connection with the contract shall lie exclusively in Jefferson County, Texas . AMENDMENTS TO AGREEMENTS Subject to the provision of the Acts administered by the U. S . Department of Transportation, the paries hereto , without invalidating the Agreement , may alter or amend this Agreement upon advance written agreement of the parties . EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement , the City of Beaumont shall not discriminate against any employee or applicant for employment because of race , religion, color , sex or national origin. The City of Beaumont shall take affirmative actions to assure that applicants are employed and that employees are treated during their employment , without regard to their race , religion , color, sex or national origin. Such actions 6 shall include, but not be limited to, the following: employment , upgrading, demotion or transfer; recruitment or recruitment advertising ; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AUDIT AND INSPECTION OF RECORDS The City of Beaumont shall permit the authorized representatives of the U. S. Department of Transportation and the Comptroller General of the Unites States and/or the South East Texas Regional Planning Commission to inspect and audit all data and records of the City relating to performance under this Agreement. Such data and records shall be maintained by the City of Beaumont for a period of at least three years from the date of completion of the terms of this Agreement. The City of Beaumont hereby agrees to have prepared an outside independent audit prepared in conformity with Attachment P of Office of Management and Budget Circular A-102 annually or at least bi-annually covering each biennium and to provide ( SETRPC) with requested number of copies of the audit. PROHIBITED INTEREST No member, officer or employee of the City of Beaumont or of the South East Texas Regional Planning Commission during his tenure or one year thereafter shall have any interest, direct or indirect, in' this Agreement or the proceeds thereof. 7 INTEREST OF MEMBERS OF OR DELEGATE TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. COPYRIGHT No report , maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the City of Beaumont or the South East Texas Regional Planning Commission. CLEAN AIR ACT OF 1970 The City of Beaumont hereby agrees to comply with all orders , applicable standards or regulations pursuant to the Clean Air Act of 1970 . MINORITY BUSINESS ENTERPRISE In connection with the performance of this contract, the City of Beaumont will cooperate with the South East Texas Regional Planning Commission in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises . APPROVAL The City of Beaumont and the South East Texas Regional Planning Commission bind themselves to the faithful performance of the terms of this Agreement . It is mutually understood that this Agreement shall not become effective until all approvals 8 required as a part of the City of Beaumont ' s charter have been received, and until execution by the Executive Director of the South East Texas Regional Planning Commission. Such approvals must be obtained prior to the affectation date of this Agreement . IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate originals this day of 1989 . Don Kelly, Executive Director South East Texas Regional Planning Commission ATTEST: Ray Riley, City Manager City of Beaumont ATTEST: 9 ATTACHMENT A TASK 2-1 : ELDERLY AND HANDICAPPED TRANSIT PLANNING WORK TO BE UNDERTAKEN: This task includes operational studies and reports on elderly and handicapped services of the Beaumont Transit System. Also included is the development and monitoring of information, procedures and policies for efficient provision of mobility to handicapped and elderly persons . Specific activities will include the development of improved scheduling .techniques to improve the efficiency and effectiveness of the demand-response services for the mobility impaired, the evaluation of handicapped transportation needs as it relates to transit vehicles . In addition, the introduction of larger vehicles for the E & H service will be reviewed and an analysis will be made to determine if additional vehicle capacity is needed. PREVIOUS WORK: Elderly and Handicapped Report for South East Texas . City of Beaumont Elderly and Handicapped Transportation Study. Special Transit Services Policies and Procedures . Special transit service policies and procedures have been revised . METHODOLOGY: Service studies relating to operations will be conducted. This includes development and monitoring of services and financial indicators , policies and procedures , and information dissemination, and service planning . Refinement of a demand response service initiated in 1983 will continue . PRODUCT: Provision of service to the mobility impaired will be monitored and means of service improvement will be sought . More efficient scheduling procedures will be developed. Updated Special Transit Service policies and procedures . RESPONSIBLE AGENCIES : City of Beaumont ESTIMATED COSTS: Beaumont $ 3 , 750 PROPOSED FUNDING SOURCES : Beaumont $ 750 UMTA $ 3 , 000 PROPOSED TIMETABLE: Continuous ATTACHMENT A-1 GENERAL SCOPE OF SERVICES TASK 5 ELDERLY AND HANDICAPPED TRANSIT PLANNING 1 . Evaluation of demand for handicapped transportation service to plan for transit vehicle needs. 2 . Review scheduling procedures to account for the introduction of vehicles with increase capacity. ATTACHMENT B TASK 2-2 : UMTA NATIONAL EMPHASIS AREAS WORK TO BE UNDERTAKEN: Work will be directed toward improving the cost effective- ness of the City of Beaumont ' s transit services with concentration on national emphasis areas identified by UMTA. Specific activities include refinement of existing drug control policies to insure a drug free workplace and update of capital plan with emphasis on facilities and equipment , update of transit policy manual including route and system performance indications , update of financial plan, review of routes and schedules to determine areas where service efficiency and effectiveness can be improved, and an investigation of areas private best suited for private sector involvement . PREVIOUS WORK: Various staff and consulting firm activities have been performed, such as develop- ment of transit financing alternatives and performance criteria, preparation of system policy manual , routing and scheduling improvements , planning for an improved transfer facility, encouragement of ride- sharing , financial planning , and development of a comprehensive service improvement plan. In addition, a comprehensive system safety plan was being developed. Revised DBE Policies and procedures and transit marketing study. METHODOLOGY: The actions may be related to any in a full range of concerns dealing with improved transit efficiency and service . Although concentration will be on short-range transit planning activities , long-range planning will be conducted as necessary. Focus will be on the major areas of concern identified by UMTA: Involvement of the private sector, revisions of drug control policies , management analysis , financial planning , service planning , and facilities and equipment planning. Specific areas of activity may include , but are not limited to development and updating of improvement program; development of improved DBE/WBE participation; study of means to improve effectiveness and efficiency in both operations and management ; and improved maintenance program; safety programs , transit service and financial planning , including development and updating a five year financial plan; and private sector involvement in planning services and operations. PRODUCT: Alternatives for short-range transit improvements will be evaluated and implementation plans developed to provide for more efficient and effective provision of transit services. Preparation of an up-dated facilities and equipment plan and revised drug control Policy, and equipment plan is also anticipated. Private sector investment strategies will also be developed. An additional emphasis area activities is improved efficiency and safety of the entire transportation system. Specific actions are dependent upon particular inefficiency and alternatives . Where appropriate, planning documents will be prepared. RESPONSIBLE AGENCY: City of Beaumont ESTIMATED COST: Beaumont $31 , 250 PROPOSED FUNDING SOURCES : Beaumont $ 6 , 250 UMTA $25 , 000 PROPOSED TIMETABLE: Continuous ATTACHMENT B-1 GENERAL SCOPE OF SERVICES TASK 2 . 2 UMTA NATIONAL EMPHASIS AREAS 1 . Refinement of existing drug control policies . 2 . Updating Capital Improvement Program. 3 . Updating Transit Policy Manual . 4 . Updated Financial Plan. 5 . Evaluate services -for potential of private sector participation.