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HomeMy WebLinkAboutResolution - 2002-R0461 - Memorandum Of Understanding - Metropolitan Planning Organization - 10_24_2002Resolution No. 2002-RO461 October 24, 2002 Item No. 30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City Of Lubbock BE and is hereby authorized and directed to execute for and on the behalf of the City Of Lubbock a Memorandum of Understanding between the City of Lubbock and the Metropolitan Planning Organization, defining roles and responsibilities of the City Of Lubbock and the Lubbock Metropolitan Planning Organization and other related documents. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th ATTEST: Rebecca Garza, City Secretar APPROVED AS TO CONTENT: Richard Burdine, Assistant City Manager Development Services APPROVED AS TO FORM: Jo . Knight Assistant City Attorney LMPO Res. day of October 2002 Resolution No. 2002-R O461 October 24, 2002 Item No. 30 STATE OF TEXAS COUNTY OF LUBBOCK MEMORANDUM OF UNDERSTANTING DEFINING ROLES AND RESPONSIBLILITIES OF THE CITY OF LUBBOCK AND THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION This Memorandum Of Understanding (MOU) is entered into, by and between the, City of Lubbock, a political subdivision of the State of Texas, hereinafter referred to as the "City" and the Lubbock Transportation Policy Committee, acting as the legal representative of the Lubbock Metropolitan Planning Organization in the Lubbock urbanized area, hereinafter called the "MPO" as authorized by Title 23 U.S.C. Section 134. WITNESSETH WHEREAS, Title 23 U.S.C. Section 134 and Title 49 U.S.C. Section 5303, MPO Planning, as amended by the Transportation Equity Act for the 21 at Century, requires that Metropolitan Planning Organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State; and WHEREAS, Title 23 U.S.C. 104(f) and Title 49 U.S.C. Section 5301 as amended by the Transportation Equity Act for the 21 st Century, authorize Metropolitan Planning (PL) funds and Federal Transit Act Section 5303 (MPO Planning) funds be made available to Metropolitan Planning Organizations (MPO) duly designated by the Governor of each State to support the urban transportation planning process; and WHEREAS, the Governor of the State of Texas has designated the City of Lubbock as the Metropolitan Planning Organization to perform fiscal, administrative and technical functions as directed by the Transportation Policy Committee; and WHEREAS, the MPO's Transportation Policy Committee requests that the City act as the financial disbursing agent for all MPO funds; and WHEREAS, the City, has determined it is in the public interest to assist the MPO in securing and managing funds for transportation planning purposes in the urbanized area: NOW, THEREFORE, the parties hereby agree as follows: ARTICLE I. PURPOSE. The purpose of this Memorandum Of Understanding is to define the fiscal, personnel, and property management roles and responsibilities between the MPO and the City. ARTICLE I. PURPOSE. The purpose of this Memorandum Of Understanding is to define the fiscal, personnel, and property management roles and responsibilities between the MPO and the City. ARTICLE 2. TERM. The term of this Agreement begins upon execution by both parties and ends September 30, 2003 or sooner by mutual agreement of both parties. ARTICLE 3. DESCRIPTION OF SERVICES. The City agrees to provide fiscal and personnel management assistance to the MPO by acting as the fiscal agent for the MPO funds. The MPO will manage all its property and equipment in accordance with 49 CFR Part 18. ARTICLE 4. FISCAL MANAGEMENT & DISBURSEMENT. The City shall maintain one or more separate accounts under the supervision of the Managing Director of Finance. The Managing Director of Finance, in carrying out the requirements of this Agreement, is responsible only in the capacity of a trust officer for the funds involved. The Managing Director of Finance shall use generally accepted accounting procedures to satisfy their duties pursuant to this Agreement. The City shall pay all invoices on a timely basis on behalf of the MPO. The City shall receive all reimbursements for said funds immediately upon their receipt by the Texas Department of Transportation. 2. All warrants issued to the City or the MPO by the State of Texas, federal, city, or local agencies for work performed by any agency or consultant under contract to the MPO shall be properly endorsed and deposited in the account. 3. The authorization of disbursements of funds to agencies or consultants under contract to the MPO will be made by the MPO in the amounts specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. The MPO however is fully responsible for all such contracts and releases the City from any liability, which may arise as a result of the City performing any non -negligent task pursuant to this Agreement. The City is under no obligation to process payment authorizations unless sufficient funds for such purposes are present in the MPO budget. 4. All authorizations for reimbursements from the State of Texas or any federal, city or local agency, shall be prepared by the MPO staff and submitted monthly to the Texas Department of Transportation. The Managing Director of Finance, at her discretion, shall audit all reimbursement requests and expenditures of the MPO funds by the MPO staff. The MPO staff will make all records available for inspection by the Managing Director of Finance and/or designee. The MPO is solely responsible for the accuracy of the records of funds expended by it and those agencies or consultants who contract with the MPO. 5. The MPO assumes responsibility for the legal and proper expenditures of all Federal Highway Act Section 112 monies (PL), and the Federal Transit Administration Section 5303 (MPO Planning) and 5307 (Urbanized Transit Planning) monies by the MPO. All monies are budgeted and expended according to the latest approved Unified Planning Work Program. 6. The Transportation Policy Committee of the MPO shall have the same authority as the City Of Lubbock City Council in matters involving the Metropolitan Planning Organization. 7. The Transportation Policy Committee Chairman shall have the same authority of the City Of Lubbock City Manager in matters involving the Metropolitan Planning Organization. 8. The MPO Transportation Planning Director shall have the same authority of a Managing Director within the City Of Lubbock in matters involving the Metropolitan Planning Organization. ARTICLE 5. PERSONNEL MANAGEMENT. 1. All employees hired by the MPO shall be considered City employed for the purposes of payroll disbursement, indemnification, and all fringe benefits, including retirement, medical and life insurance, vacations, sick leave, holidays, and any other benefits normally extended to the City employees, as approved and adopted by the MPO Transportation Policy Committee in accordance to the personnel policies and procedures adopted by the MPO Transportation Policy Committee for the conduct, rights, and responsibilities of the MPO staff. 2. Hiring, termination and evaluation of MPO Transportation Planning Director shall be the sole authority of the Transportation Policy Committee. Hiring, termination and evaluation of MPO staff shall be the responsibility of the MPO Transportation Planning Director. However, the MPO Transportation Policy Committee shall adopt personnel policies and procedures, hereafter called the MPO Personnel Policies and Procedures, on the basis of the City's established personnel policies and procedures. 3. The Transportation Policy Committee shall have the same authority as the City Of Lubbock's City Manager in matters pertaining to the Lubbock Metropolitan Planning Organization in issues involving discipline and grievances. 4. The Transportation Policy Committee shall establish the salary and salary range for each MPO employee listed in the latest approved Unified Planning Work. The Transportation Policy Committee shall be responsible for annual or more frequent personnel performance reviews and the decision as to whether performance and cost of living based salary increases are approved. 5. The City will provide personnel, accounting, and purchasing services to the MPO. ARTICLE 6. PROPERTY MANAGEMENT. The MPO will maintain a written property management procedure pursuant to 49 CFR Part 18.32. Any proceeds from the disposition of surplus equipment will be deposited in the MPO account. ARTICLE 7. TERMINATION. 1. This agreement may be terminated in whole or in part by either party hereto whenever such termination is found to be in the best interest of either party. Termination shall be effected by the conveyance of a written notification thereof to the other party at least thirty (30) days in advance of the effective date of the termination. 2. This agreement can be amended by either party by giving thirty (30) days written notice. The amendment becomes effective by the signature of both parties. 3. All notices pursuant to this Agreement shall be deemed given when, either delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested addressed to the appropriate party at the following addresses: If to the City: The City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 78401 If to the Policy Committee: Lubbock Transportation Policy Committee C/O Lubbock Metropolitan Planning Organization 916 Main Suite 706 Lubbock, TX 79401 ARTICLE 9. NON-DISCRIMINATION. It is mutually agreed that all parties hereto shall be bound by the provisions of Title 49, Code of Federal Regulations, Part 21, which was promulgated to effectuate the provisions of Title VI of the Civil Rights Act of 1964, Title 23. Code of Federal Regulations, part 710.45(b), and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of labor Regulations (41 CFR Part 60). ARTICLE 10. GOVERNING LAW. The laws of the State of Texas shall govern this Agreement and all obligations hereunder of the parties are performable in Lubbock, Texas. ARTICLE 11. NON -ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives successors and assigns. Neither the City nor the Transportation Policy Committee shall assign or sublet any duty of this Agreement, excepting those already identified herein, without written consent of the other. ARTICLE 12. SEVERABILITY. Should any provisions of this Agreement for any reasons be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof. ARTICLE 13. ENTIRETY OF AGREEMENT. This is the entire Agreement between the parties and no modification of this Agreement shall be of any force or effect, unless it is in writing signed by both parties. NO OFFICIAL, EMPLOYEE, AGENT OR REPRESENTATIVE OF THE CITY OF LUBBOCK HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE CITY OF LUBBOCK CITY COUNCIL Approved to be effective on the date of the last party to sign. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FORM: LUBBOCK METROPOLITAN PLANNING ORGANIZATION RANDY NELV3EBAUER, CHAIRMAN APPR ED AS TO CONTENT: auel L. Woods, Transportation Planning Director