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Home My WebLink About1-24-08-2n - Resolution - 01/24/2008RESOLUTION NO. 1- 24 -08 -2n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT WITH THE BRYAN - COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION ( BCSMPO) TO PARTNER IN THE FUNDING OF A TRANSPORTATION MODELER POSTION AT THE BCSMPO. WHEREAS, the Bryan- College Station Metropolitan Planning Organization, hereinafter referred to as the " BCSMPO" has a policy committee that oversees its operation that has representatives from the five following local governments: the City of College Station, hereinafter referred to as the "City ", the City of Bryan, Texas A &M University, Brazos County, and the Texas Department of Transportation, and WHEREAS, the City, the City of Bryan, Texas A &M University, and Brazos County have agreed to equally fund this position at the BCSMPO at the rate of $15,000 per year, and WHEREAS, the City made a service level adjustment in August 2007 to include this amount in the City's FY07 Budget; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council of the City of College Station, Texas, hereby approves the Interlocal Agreement with the BCSMPO to partner in the funding of the Transportation Modeler position as set forth in Exhibit "A" attached hereto. PART 2: That the City Council of the City of College Station hereby authorizes the Mayor to sign and the City Secretary to attest the Interlocal Agreement referred to above. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 20 day of January A.D. 2008. ATTEST: e City Secretary APPROVED: e ---- MAYOR APPROVED: E =Signe n Mary Ann Po Il ^ VER gh htfcity with A v City Attorney WResolution2008\RESOLUTION NO 1- 24- 08- 2n.docl/25/200810:06:22 AM INTERLOCAL AGREEMENT FOR THE BRYAN /COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION, AND PARTNER PLANNING AGENCIES This Agreement ( "Agreement') is effective as of the first effective date of employment for the new transportation modeler / GIS hire. This Agreement is between the BRYAN /COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION (hereafter referred to as "MPO ") and the following organizations: • TEXAS A &M UNIVERSITY (hereafter referred to as TAMU), • BRAZOS COUNTY, • CITY OF COLLEGE STATION, and • CITY OF BRYAN WHEREAS, Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act, authorizes local governments to contract with each other to perform functions or services each party to the contract is authorized to perform individually; and WHEREAS, TAM U, Brazos County, the City of College Station and the City of Bryan each desire to enter into an Interlocal Agreement to provide total funding in the amount of $60,000.00 per year in support of a new transportation modeler / Geographic Information System (GIS) employee for the MPO; and WHEREAS, TAMU, Brazos County, the City of College Station and the City of Bryan will equally divide the funding for this position at $15,000; and WHEREAS, TAMU, Brazos County, the City of College Station and the City of Bryan agree that this position will provide technical support for the MPO in the development of a transportation model that will allow the MPO to support the development of a long range plan; and WHEREAS, the MPO and TAMU and Brazos County, the City of College Station and the City of Bryan work together to create a continuing, cooperative, and comprehensive planning process, and are authorized to enter into this Agreement; NOW, THEREFORE, in consideration of the recitals and mutual covenants made by the MPO, TAMU, Brazos County, the City of College Station and the City of Bryan to be respectively kept and performed, the parties agree as follows: SECTION I. PURPOSE OF AGREEMENT 1.1 The purpose of this Agreement is to establish the responsibilities of the NIPO, TAMU, Brazos County, the City of College Station and the City of Bryan regarding the funding and maintenance of the transportation modeling / GIS position for the MPO. SECTION II. TERM 2.1 This Agreement renews annually on October 1 concurrent with the start of a new fiscal year. 2.2 This Agreement may be terminated by the TAMU, Brazos County, the City of College Station or the City of Bryan without cause, provided written notice is provided to the MPO, within thirty (30) calendar days before the renewal date of the Agreement Page 1 CADOCUME—hchooks\LOCALS —I \Temp \Interlocal agreement .doc 102 SECTION III. HIRING /TERMINATING 3.1 The parties agree to work together to identify the most qualified individual to fill this position. The parties further agree that this employee will report to the Director of the MPO who will be responsible for directing this individual in their daily work efforts and will further be responsible for any disciplinary or other action as may be needed. SECTION IV. PROJECT RESPONSIBILITIES 4.1 The parties agree that this transportation modeling / GIS position will be responsible for the following activities: • updating the transportation model to be used for-long range planning; • coordinating with the Texas Department of Transportation (hereafter known as TxDOT) to ensure that timelines and goals, in respect to the transportation model, are being met; • acting as liaison with TAMU, Brazos County, the City of College Station, the City of Bryan, and The District to closely monitor changes in the system, that affect the model; • to provide support information to TAMU, Brazos County, the City of College Station and the City of Bryan, as requested, in key transportation - related decisions; and • advance the MPO's technical proficiency in using computers for long range planning decisions. SECTION V. PROJECT COSTS 5.1 The total annual salary with benefits for this new employee of the MPO will be $60,000. 5.2 Each entity - TAMU, Brazos County, the City of College Station and the City of Bryan, agrees to contribute one -fourth of the total salary for the new employee, but in no event more than Fifteen Thousand and No /1 00 Dollars ($15,000) per entity, per year. 5.3 Each payment to the MPO will be made from currently available revenues in a lump sum, within thirty (30) days after October 1S of each year in the Agreement. 5.4 As the salary increases, due to cost of living or merit increases, the MPO agrees to pay for the portion above $60,000, until such time, this Agreement is modified. SECTION VI. MODIFICATION OF AGREEMENT 6.1 The terms and conditions of this Agreement may be modified at any time by the mutual consent of al parties; however, no amendment or modification to this Agreement is effective unless and until it is reduced to writing and signed by duly authorized representatives for all entities. SECTION VII. WRITTEN NOTICE 7.1 Unless otherwise specified, written notice will be deemed to have been duly served if delivered in person to the individuals listed below or if it is delivered or sent. certified mail to the business address below. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the MPO. MPO: Linda LaSut Director 3608 E. 29 Street Suite 113 Bryan, TX 77802 CADOCU ME— I \chooks\LOCALS— I \Temp \lnterlocaI ageement .doc Page 2 103 TAMU: Charles A. Sippial, Sr. Vice President for Facilities 218 Administration Building College Station, TX 77843 -1247 BRAZOS COUNTY: Judge Randy Sims Brazos County Courthouse Bryan, Texas 77803 CITY OF COLLEGE STATION: Mayor Ben White P. O. Box 9960 College Station, Texas 77840 CITY OF BRYAN: Mayor Mark Conlee P. O. Box 1000 Bryan, Texas 77805 SECTION VIII. STATE AGENCY 8.1 The MPO, TAMU, Brazos County, the City of College Station and the City of Bryan expressly acknowledges that nothing in this Agreement will be construed as a waiver or relinquishment to claim exemptions, privileges, and immunities as may be provided by law. SECTION IX. WAIVER 9.1 Failure of any party, at any time, to enforce a provision of this Agreement, in no way constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement, any part of this Agreement, or the right of the parry thereafter to enforce each and every provision of this Agreement. No term of this Agreement will be deemed waived or breach excused unless such waiver is in writing and signed by the party claiming to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. SECTION X. INVALIDITY 10.1 If any portion of this Agreement is held invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provision will not in any way be affected or impaired. The parties will use their best Qfforts to replace the provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. SECTION XI. ENTIRE AGREEMENT 11.1 It is understood this Agreement contains the entire Agreement among parties and supersedes any and all prior agreements, arrangements, statements, promises, or inducement contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of the MPO, TAM U, Brazos County, the City of College Station or the City of Bryan, either before or after the execution of this Agreement, affects or modifies any terms or obligations of this Agreement. SECTION XII. CHOICE OF LAW 12.1 This Agreement is governed by the laws of the State of Texas. C: \DOCUME— I \chooks \LOCALS —I \Temp \InterlocaI agreement .doc Page 3 104 SECTION XIII. PLACE OF PERFORMANCE 13.1 Performance of this Agreement is in Brazos County, Texas. SECTION XIV. AUTHORITY 14.1 Each party has full power and authority to enter into and perform under this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement represent that they have authorization to sign on behalf of their respective entities. SECTION XV. AGREEMENT READ 15.1 Each party acknowledges that it has read and understands and intends to be bound by terms and conditions of this Agreement. SECTION XVI. MULTIPLE ORIGINALS 16.1 It is understood and agreed this Agreement may be executed in a number of identical counterparts with each deemed an original for all purposes. 16.2 IN WITNESS OF THIS AGREEMENT, the MPO, TAMU, Brazos County, the City of College Station and the City of Bryan, through their duly appointed agents have executed this Agreement in duplicate originals. CADOCUME —I \chooks\LOCALS— I \Temp \I nlerlocaI agreement .doc Page 4 105 BRYAN / COLLEGE STATION METROPOLITAN PLANNING ORGANIZATION EXECUTED this the day of By: 2008 by MPO. LINDA LASUT Director C:\DOCUME— I \chooks \LOCALS —I \Temp \Irnerlocal agreement .doc Page 5 1. TEXAS A &M UNIVERSITY EXECUTED this the day of , 2008 by Texas A &M University. By: ROBERT T. BISOR Associate Vice President & Chief of Staff & University Contracts Officer RECOMMEND APPROVAL: CHARLES A. SIPPIAL, SR. Vice President for Facilities C\DOCUME— I \chooks\LOCALS -1 \Temp \InterlocaI agreement .doc Page 6 107 BRAZOS COUNTY EXECUTED this the day of , 2008 by Brazos County. By: RANDY SIMS County Judge C\DOCUME —I \chooks \LOCALS —I \Temp \Inter local a .doc Page 7 1: CITY OF COLLEGE STATION EXECUTED this the day of , 2008, by City of College Station. Ya ATTEST: City Secretary APPROVED: City Manager City Attorney Chief Financial Officer C\DOCUME —I \chooks \LOCALS —I \Temp \Interlocal agreement .doc Mayor — City of College Station Page 8 1 •j� CITY OF BRYAN EXECUTED this the day of , 2008 by City of Bryan. m MAYOR MARK CONLEE Mayor — City of Bryan ATTEST: City Secretary C:\DOCUME— I \chooks\LOCALS —I \Temp \lnterlocal agreement _doc Page 9