Res 2013-137/Approving an interlocal agreement between the City and CARTS

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PUBLIC TRANSIT SYSTEM INTERLOCAL AGREEMENT 1. Parties This Public Transit System Interlocal Agreement ( "Agreement ") is made and entered into by and between the Capital Area Rural Transportation System, a Texas Department of Transportation (TxDOT) authorized direct recipient of Urbanized Area Formula Program (Federal Transit Administration Section 5307) funding and an urban transit district created under Chapter 458 of the Texas Transportation Code ( "CARTS "), and the City of San Marcos, Texas, the principal city of the San Marcos Urbanized Area (hereafter defined) and a Texas municipal corporation (the "City "), to be effective as of October 1, 2013. This Agreement is authorized and governed by the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, specifically Section 791.011 regarding contracts to perform governmental functions and services. As used in this Agreement, the term "San Marcos Urbanized Area" shall mean the geographic area depicted on the map attached hereto as Attachment 5 and made a part hereof. 2. Term The term of this Agreement will commence October 1, 2013 and will end September 30, 2014. CARTS' performance under this Agreement will be contingent upon its continued receipt of state and federal funding to operate the System. After September 30, 2014, this Agreement may continue in full force and effect on a month -to -month basis, on the same terms and conditions as are recited herein, only upon the express written mutual agreement of the parties. 3. Transit System Services CARTS shall plan, operate and maintain a public transit system (the "System ") within the San Marcos Urbanized Area in accordance with this Agreement and all federal requirements applicable to CARTS as a direct recipient of FTA Section 5307 funds and as an FTA grantee or sub - grantee of Enhanced Mobility of Seniors and Individuals with Disabilities Program (FTA Section 5310) and Bus and Bus Facilities Program (FTA Section 5339) funds. In addition to the requirements and responsibilities identified in FTA Circular 9030.1 D, Urbanized Area Formula Program, dated August 27, 2012, CARTS shall be responsible for establishing a program of projects including public participation, programming projects in the Metropolitan Transportation Plan (MTP), Transportation Improvement Program (TIP) and Unified Planning Work Program (UPWP) and creating a policy for raising fares or implementing major service reduction including public participation. The System services shall include fixed route bus service with complementary Americans with Disabilities Act of 1990 ( "ADA ") paratransit service. In consultation with the City, CARTS shall effectively and efficiently plan public transportation services for the residents of the San Marcos Urbanized Area. CARTS shall create