Res 2023-147R approving a Public Transit System Interlocal Agreement with the Capital Area Rural Transportation System (“carts”) for carts to provide public transit service and maintenance in the San Marcos urbanized area

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(n <> PUBLIC TRANSIT SYSTEM INTERLOCAL AGREEMENT 1. Parties & Purpose a. Parties. This Public Transit System Interlocal Agreement ("Agreement") is made and entered into by and between the Capital Area Rural Transportation System, a public transportation organization organized under Chapter 458 of the Texas Transportation Code as a political subdivision of the State, ("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"), 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 effective as of October 1,2019. b. Purpose. 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 2 and made a part hereof. On August 22, 2018 the City Council of San Marcos declared through resolution the intent to become the Direct Recipient of Urbanized Area Formula Program (Federal Transit Administration Section 5307) funds for the San Marcos urbanized area with the effective date of October 1, 2019. CARTS has demonstrated experience operating and managing public transit systems. By this Agreement,the City, as a Direct Recipient, seeks to engage the services of CARTS to assist in operating and maintaining the transit services for the San Marcos Urbanized Area. 2. Term The term of this Agreement will commence October 1, 2023 and will end September 30, 2024. CARTS' performance under this Agreement will be contingent upon the continued receipt of state and federal funding to operate the System. Contract extensions may be undertaken in one-year increments upon written agreement by both parties. 3. Transit System Services CARTS shall 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 the City as a direct recipient of FTA Section 5307 funds and an FTA grantee or sub-grantee of Enhanced Mobility of Seniors and Individuals with Disabilities Program (FTA Section 53 10) and Bus and Bus Facilities Program (FTA Section 5339)funds. In addition to the requirements and responsibilities identified in FTA Circular 9030.1E, Urbanized Area Formula Program, dated January 16, 2014, the City 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 establishing a policy or implementing major service reduction including public participation. CARTS and City staff will coordinate the transfer of roles and