R-2016-045 2016-03-14 RESOLUTION NO. R2016-45
A Resolution of the City Council of the City of Pearland, Texas,authorizing the
City Manager or his designee to enter into a contract with Gulf Coast Center-
Connect Transit, in the estimated amount of $40,060, for transportation
services.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Contract for transportation services, a copy of which is attached
hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for transportation services.
PASSED, APPROVED and ADOPTED this the 14I" day of March, A.D., 2016.
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TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
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Resolution No. R2016-45
THE STATE OF TEXAS § Exhibit "A"
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT
INTERLOCAL CONTRACT
This Interlocal Contract ("Agreement") is made and entered into and effective as of the
14th day of March, 2016 ("Effective Date") pursuant to the Texas Interlocal Cooperation Act,
Chapter 791 of the Texas Government Code (the "Act"), by and between the GTv OF PEARLAND,
TEXAS(the"City"),a political subdivision of the State of Texas,created pursuant to the Texas Local
Government Code, and the Gulf Coast Center(the Center), established pursuant to provisions of
Chapter 534 of the Texas Health &Safety Code Ann. (Vernon 1992),
WHEREAS, pursuant to the Act,the City and Center are authorized to contract with eligible
entities to perform governmental functions and services, including governmental functions in
which the contracting parties are mutually interested;
RECITALS
WHEREAS,the Center is the designated transit provider for Brazoria and Galveston Counties;
WHEREAS,the Center(and its public transportation department Connect Transit), provides
demand response services to citizens within the City to assist in access to jobs, medical facilities,
and other activity centers;
WHEREAS,the Center has been awarded federal Section 5310 (Enhanced Mobility of Seniors
and Individuals with Disabilities)funding to support continuing transit access to jobs, medical
and other venues, for citizens who live within Brazoria County and the Houston urbanized area;
WHEREAS,The Center is a Federal Transit Administration grantee, and thus can file grants,
receive federal funding, oversee transit service contracts, develop capital facilities and enter
into interlocal agreements with project partners;
WHEREAS, the Center requires that local communities, including the City,who desire continuing
demand response services for their residents provide their fair share of cost associated with
support of the Section 5310 funded services;
WHEREAS,the Center's federal funding approved for the Section 5310 program totals$205,945
for FY16 through FY18, and the Center's estimate of total local share required to match this
award is$51,486;
WHEREAS, the Center's analysis of previous demand response data for the program has found
that of the total passenger trips,the distribution of trip origins is as follows:
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City of Pearland: 78%
City of Friendswood: 13%
City of League City: 9%
WHEREAS,the City of Pearland's three-year local share contribution to support the Section 5310
program is$40,060 (78%of$51,486),which equates to an annual local contribution of$13,353;
WHEREAS,the City of Pearland has agreed to provide their fair share of the local match for one
year(1) of service.The City and Center will evaluate ridership and costs at the end of year 1 to
determine future year funding commitment.
Now,THEREFORE, in consideration of the mutual covenants and conditions contained in
this Agreement and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and the Center agree to the following terms, covenants, and
conditions:
ARTICLE 1—Federal Funding and other Financial Support for the Section 5310 Program.
Federal funding support for the support of Section 5310 related services comes though Houston
METRO,the designated recipient for the Houston urbanized area transit formula apportionment.
Harris County will provide Administrative services for the program. The Center will utilize state
and local share resources to support the non-federal costs of the program.The amount of federal
funding available for the three (3)year duration of the program is$205,945.
ARTICLE 3—Center Provision of Section 5310 related services.
The Center will provide all required "turnkey" demand response services either directly, or
through an Agreement with Harris County, and other support necessary for federal and state
reporting purposes.
ARTICLE 4—Federal,State,and Local Reporting Requirements.
The Center will be responsible for all federal, state, and local reporting and compliance
requirements.
ARTICLE 5—Payment by the City.
The City will be invoiced monthly in the amount of$1,113 or a total for the first year of service
not to exceed$13,353,for their fair share of Section 5310 provided services based upon an invoice
which includes the following:
a) Total number of trips provided
b) Total cost of service provided
c) City's fair share of total cost
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ARTICLE 6—SECTARIAN INVOLVEMENT PROHIBITED
The Center shall ensure that no funds under this Agreement are used,either directly or indirectly,
in the support of any religious or anti-religious activity, worship,or instruction.
ARTICLE 4-TERM OF AGREEMENT
This Agreement will terminate after an initial thirty-six (36) month period. However, the
agreement may be extended through mutual agreement by both parties.
ARTICLE 5-CANCELLATION OF AGREEMENT
This agreement may be cancelled at any time by either party, through the provision of a ninety
(90) day notice of intent to terminate.
ARTICLE 6—LIABILITY
Section 6.01 - No Personal Liability of Center. To the extent allowed by law the Center's officers,
either singularly or collectively, are not personally liable on this Agreement or for any breach
thereof.
Section 6.02 - No Personal Liability of the City. To the extent allowed by law, the City's officers,
agents and employees, either singularly or collectively, are not personally liable on this
Agreement or for any breach thereof.
Section 6.03—Force Majeure. Neither Party shall be liable for,or able to terminate this
Agreement, for any failure to perform hereunder where such failure is proximately caused by a
Force Majeure Occurrence.A"Force Majeure Occurrence" shall mean an occurrence beyond
the control and without the fault or negligence of the party affected and which by exercise or
reasonable diligence the said party is unable to prevent or provide against. Without limiting the
generality of the foregoing,force majeure occurrences shall include: acts of nature (including
fire,flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, acts of foreign
combatants,terrorists acts, military or other usurped political power or confiscation,
nationalization,government sanction or embargo, labor disputes of third parties to this
contract, or the prolonged failure of electricity or other vital utility service.Any Party asserting a
Force Majeure Occurrence as an excuse to performance shall have the burden of proving
proximate cause,that reasonable steps were taken to minimize the delay and damages caused
by events when known, and that the other Party was timely notified of the likelihood or actual
occurrence which is claimed as grounds for a defense under this Paragraph.
ARTICLE 7—MISCELLANEOUS
Section 7.01 - Laws. The parties hereto agree to abide with all applicable City Charter
provisions, laws, regulations, and grant provisions of the United States,the State of Texas,and
any other lawful authorities having jurisdiction.
Section 7.02 - Legal Construction. In case any one or more of the provisions contained in this
Agreement is for any reason held to be invalid, illegal, or unenforceable in any respect, such
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invalidity, illegality, or unenforceability does not affect any other provision hereof and this
Agreement will be construed as if such invalid, illegal,or unenforceable provision had never been
contained herein, if consistent with the overall intent of this Agreement.
Section 7.03-Jurisdiction and Venue. The Parties agree that any dispute arising out of or relating
to this Agreement shall be brought before the courts having jurisdiction over Brazoria County,
Texas,each Party waiving any contest to jurisdiction or venue in such courts.
Section 7.04 - Waiver. Waiver of any breach of any provision of this Agreement shall not
constitute or operate as a waiver of any other breach of such provision or of any other provision,
unless such a waiver expressly is executed by both Parties in writing.
Section 7.05 - Notices. All notices, demands,or requests from one party to another shall be in
writing and shall be personally delivered, sent by mail, certified, registered,express or
overnight, postage prepaid, or sent by facsimile transmission, to the addresses stated in this
Section, or to such other address as the party may request in writing, and are deemed to have
been given at the time of delivery.
The Gulf Coast Center-Connect Transportation:
Attn: General Manager
Gulf Coast Center—Connect Transportation
4352 Emmett F Lowry Expressway
Texas City,TX 77591
City of Pearland:
Attn: City Manager
City of Pearland
3519 Liberty Drive
Pearland,TX 77581
Section 7.06 - Counterparts. This Agreement may be executed in any number of
counterparts, and each counterpart is deemed to be an original instrument, but all such
counterparts together constitute but one Agreement. A photocopy or facsimile reproduction of
an original signature of a party on this Agreement binds that party to the terms, covenants and
conditions of this Agreement.
Section 7.07 -Time is of the Essence. Time is of the essence in this Agreement.
Section 7.08 - Headings. The headings, captions, and arrangements used in this
Agreement are for convenience only and do not affect the interpretation of this Agreement.
Section 7.08 - Counterparts. This Agreement may be executed in any number of
counterparts, and each counterpart is deemed to be an original instrument, but all such
counterparts together constitute but one Agreement. A photocopy or facsimile reproduction of
an original signature of a party on this Agreement binds that party to the terms, covenants and
conditions of this Agreement.
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APPROVED: APPROVED:
17///1.2;
The Gulf Coast Center ity of Pe. la d
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