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HomeMy WebLinkAboutResolution - 2018-R0370 - LMPO MOU - 10/09/2018Resolution No. 2018-RO370 Item No. 6.15 October 9, 2019 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 behalf of the City of Lubbock a Memorandum of Understanding by and between the City of Lubbock and the Lubbock Metropolitan Planning Organization's Transportation Policy Committee, acting as the legal representative of the Lubbock Metropolitan Planning Organization to define the roles and responsibilities of each parties. 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 City Council. Passed by the City Council this 9th ATTEST: Reb cca Garza, City Secretary APPROVED AS TO CONTENT: �; �- (I I -�- ---- =:: = - Jarrett Alkinson, City Manager APPROVED AS TO FORM: A ims, Dipdqm4h Attorney day of October Daniel M. Pope, Mayor 2018. RGS.COL L1N130 MOU 2018 Roles and Responsibilities (9-28-18) Lubbock Metropolitan Planning Organization Werldng Together RESOLUTION 2018-18 WHEREAS. the City of Lubbock, in accordance with the 2018 Planning Agreement, has been designated as the fiscal agent of the Lubbock Metropolitan Planning Organization; and WHEREAS, as the fiscal agent of the MPO, the City of Lubbock performs fiscal, administrative, and technical functions as directed by the Transportation Policy Committee of the MPO; and WHEREAS, the Transportation Policy Committee of the MPO requests that the City act as the financial disbursing agent for all MPO funds. NOW THEREFORE, BE IT RESOLVED BY THE TRANSPORTATION POLICY COMMITTEE OF THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION: THAT, the Chairperson of the Transportation Policy Committee of the Lubbock Metropolitan Planning Organization is hereby authorized and directed to approve and adopt for and on behalf of the Lubbock Metropolitan Planning Organization, a Memorandum of Understanding between the Lubbock Metropolitan Planning Organization's Transportation Policy Committee, acting as the legal representative of the Lubbock Metropolitan Planning Organization, and the City of Lubbock, defining the roles and responsibilities of each with respect to the other. 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 Committee. Adapted by the Transportation Policy Committee on this 18a' day of September, 2018. /<")- y Honor le Jeff Griffith, Chairman Transportation Policy Committee ATTEST: mmy alker, MPb Secretary APPROVED AS TO CONTENT: H. David ]ones, T ansportation Planning Director APPROVED AS TO FORM: Platt ade, Underwood Law Firm Attorney for the Lubbock MPC STATE OF TEXAS COUNTY OF LUBBOCK MEMORANDUM OF UNDERSTANDING DEFINING RULES AND RESPONSIBILITIES 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 Transportation Policy Committee of the Lubbock Metropolitan Planning Organization, acting as the legal representative of the Lubbock Metropolitan Planning Organization in the Lubbock urbanized area, as authorized by Title 23 U.S.C. Section 134 and Title 43 U.S.C. Section 5303 et seq., hereinafter referred to as the "MPO," WITNESSETH WHEREAS, Title 23 U.S.C. Section 134 and Title 49 U.S.C. Section 5303 et seq., MPO Planning, Codified in the Fixing America's Surface Transportation Act (FAST Act), 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 of the FAST Act authorizes Metropolitan Planning (PL) funds and Federal Transit Act Section 5303 (MPO Planning) funds be made available to Metropolitan Planning Organizations duly designated by the Governor of each State to support the urban transportation planning process; and WHEREAS, Title 23, Code of Federal Regulations, Section 450.310 indicates that a Metropolitan Planning Organization shall be designated for each urbanized area with a population of more than 50,000 individuals; and WHEREAS, the Governor of the State of Texas has designated the urbanized area of the City of Lubbock as the Lubbock Metropolitan Planning Organization; and WHEREAS, Title 23 U.S.C. 5303(b)(2) defines the metropolitan planning organization as the policy board; and WHEREAS, the City of Lubbock, in accordance with the 2018 Planning Agreement, has been designated as the fiscal agent of the Lubbock Metropolitan Planning Organization; and Page 1 of 8 WHEREAS, as the fiscal agent of the MPO, the City of Lubbock performs fiscal, administrative, and technical functions as directed by the Transportation Policy Committee of the MPO, and WHEREAS, the Transportation Policy Committee of the MPO 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, human resource, and staff support roles and responsibilities between the MPO and the City, in accordance with the 2018 Planning Agreement by and between the State of Texas, acting through the Texas Department of Transportation, the MPO, and the City. ARTICLE 2. TERM. The term of this Agreement begins upon execution by both parties and shall automatically be renewed each year unless canceled as herein provided. ARTICLE 3. DESCRIPTION OF SERVICES. The City agrees to provide fiscal, human resources, and staff support services 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. I . The City shall maintain one or more separate accounts under the supervision of the City Manager. The City Manager, in carrying out the requirements of this Agreement, is responsible only in the capacity of a trust officer for the funds involved. 2. The City Manager shall account for all funds under generally accepted accounting procedures to satisfy the duties pursuant to this Agreement 3. The MPO is authorized to utilize the City's accounting and payroll systems. 4. The MPO will submit their annually approved operating budget to the City Manager. Page 2 of 8 5. All payments issued to the City on behalf of the MPO by the State of Texas, federal, city, or local agencies, or other receipts of the MPO shall be deposited into the account. 6. Funds will be disbursed by the City on behalf of the MPO in the amounts specified by the MPO, so long as the MPO budget has sufficient funds to accommodate all payment requests. All disbursements must be budgeted and expended according to the latest approved Unified Planning Work Program. 7. The MPO assumes responsibility for the legal and proper expenditures of all Federal Highway Act monies and Federal Transit Administration monies by the MPO. The MPO is fully responsible for all such payments 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 shall pay all invoices on a timely basis on behalf of the MPO. 9. 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 City's Grant Manager will review all requests for reimbursement. 10. The MPO shall abide by purchasing policies as outlined in all applicable federal and state, laws and regulations. The MPO may adopt the City's purchasing policies, provided they are not in conflict with state and federal laws and regulations. 11. The MPO Transportation Planning Director must approve all MPO expenditures and requests for payments. The MPO Transportation Planning Director is authorized to make single item purchases up to $5,000. Single item expenditures in excess of $5,000 shall require the approval of the Transportation Policy Committee of the MPO unless the item is specifically included in the annual Unified Planning Work Program. All requests for payment in excess of $5,000 must be approved by the MPO Transportation Planning Director and the Chairperson of the Transportation Policy Committee of the MPO. if the Direct Payment Request payee is the MPO Transportation Planning Director then it must be signed by the Chairperson of the Transportation Policy Committee of the MPO. 12. The MPO staff travel will be in compliance with the City's travel policy. The MPO Transportation Planning Director's travel must be approved by the Chairperson of the Transportation Policy Committee of the MPO. The MPO Transportation Planning Director must approve travel for other MPO staff. MPO staff travel outside the State of Texas must be approved by the Texas Department of Transportation. Travel expense reports will be signed by the MPO Transportation Planning Director for MPO staff, and by amending Resolution Page 3 of 8 approved October I6, 2012, the City Manager, for the MPO Transportation Planning Director. 13. The MPO may use the City's purchasing card program. If the purchasing card program is used, the MPO credit card expenditures will be in compliance with the City's purchasing card policy. MPO purchasing card statements will be signed by the MPO Transportation Planning Director for MPO staff and by the Chairperson (amending Resolution approved October 16, 2012), the City Manager, for the MPO Transportation Planning Director. 14. The MPO Transportation Planning Director will prepare and provide a monthly financial statement to the Transportation Policy Committee of the MPO. 15. The City Manager, at his/her discretion, shall audit all reimbursement requests and expenditures of the MPO funds. The MPO staff will make all records available for inspection by the City Manager and/or his or her designee. The MPO and City are responsible for maintaining all supporting receipts and disbursement records. 16. The MPO Transportation Planning Director and MPO staff will follow the "procurement standards established in Title 49 CFR § 18.36 and the property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost principles, and Audit Requirements for Federal Awards and also the Texas Uniform Grant Management Standards. The MPO also agrees to abide by the applicable BUY America guideline codified @ 49 CFR 661 and cargo preference requirements at 46 USC 55305", as well as, any specific requirements of their federal grant. 17. The Transportation Policy Committee of the MPO shall have the same authority as the City of Lubbock City Council in matters involving the MPO. 18. The Chairperson of the Transportation Policy Committee of the MPO shall have the same authority of the City of Lubbock City Manager in matters involving the MPO. 19. The MPO Transportation Planning Director shall have the same authority as a Department Director within the City of Lubbock in matters involving the MPO. ARTICLE S. HUMAN RESOURCES, The Transportation Policy Committee of the MPO shall establish the salary and salary range for each MPO employee listed in the latest approved Unified Planning Work Program. The Transportation Policy Committee of the MPO shall be responsible for annual or more frequent personnel performance reviews and is responsible for determining whether performance and cost of living based salary increases are approved and the amount of those increases. Rage 4 of 8 2. The MPO may adopt the City's personnel policies. 3. The Transportation Policy Committee of the MPO shall have the same authority as the City of Lubbock City Manager in matters pertaining to the Lubbock Metropolitan Planning Organization in issues involving discipline and grievances. 4. All employees hired by the MPO shall be considered City employees for the purposes of payroll; indemnification; and all fringe benefits, including retirement, medical and life insurance, vacation, sick leave, holidays, and any other benefits normally extended to City employees, as approved and adopted by the Transportation Policy Committee of the MPO in accordance to the personnel policies and procedures adopted by the Transportation Policy Committee of the MPO for the conduct, rights, and responsibilities of the MPO staff. Hiring, termination, and evaluation of the MPO Transportation Planning Director shall be the sole authority of the Transportation Policy Committee of the MPO. Hiring, termination and evaluation of MPO staff shall be the responsibility of the MPO Transportation Planning Director. 6. Personnel Action Forms must be signed by the MPO Transportation Planning Director for MPO staff or in the case of an action related to the MPO Transportation Planning Director, the Chairperson of the Transportation Policy Committee of the MPO must sign. 7. The City shall provide benefits for the MPO staff that shall be the same as the Fiscal Agent normally provides its own employees; or as determined through an agreement between the MPO and the Fiscal Agent. Costs incurred by the Fiscal Agent for these benefits shall be reimbursed by the MPO. ARTICLE 6. OTHER STAFF SUPPORT. The City will provide other staff support services to the MPO. Other staff support services may include, but is not limited to, legal services, informational technology services, or purchasing services. If the MPO utilizes the City's IT services then it will abide by the City's IT policies. The MPO will incur IT charges consistent with Information Technology Internal Service Fund allocations as adopted annually in the City's operating budget. ARTICLE 7. PROPERTY MANAGEMENT. The MPO will maintain a written property management procedure pursuant to 49 CFR Part 18.32. The MPO will follow the Office of Management and Budget (OMB) A-133 Page 5 of 8 Equipment and Real Property Guidelines. Equipment records shall be maintained for all property with an acquisition cost of $5,000 or more per unit. A physical inventory shall be taken once every two years and reconciled to the equipment records. Proper controls shalt be used to safeguard equipment, and equipment shall be adequately maintained. Property records should include the following information about the equipment: description (including serial number or other identification number), source, who holds title, acquisition date and cost, percentage of federal participation in the cost, location, condition, and any ultimate disposition data including, the date of the disposal and sales price. Sales of equipment shall use competitive methods, and the proper federal agency should be contacted to see if monies should be returned to federal agency or used as program income. ARTICLE 8. TERMINATION. Termination of this agreement shall be made in accordance with Article 16 of the 2018 Planning Agreement by and between the State of Texas, acting through the Texas Department of Transportation, the MPO, and the City. Either party may terminate this agreement in whole or in part hereto whenever the agreement's continuation would not produce beneficial results commensurate with the further expenditure of funds. 2. Termination shall be effected by the conveyance of a written notification thereof to the other party at least ninety (90) days in advance of the effective date of the termination. 3. Either party can amend this agreement by giving thirty (30) days written notice. The amendment becomes effective by the signature of both parties. 4. 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: With Copy To: The City Manager City of Lubbock P.O. Box 2000 Lubbock, Texas 79401 City Attorney's Office City of Lubbock P.O. Box 2000 Lubbock, Texas 79401 Page 6 ai 8 If to the MPO: Lubbock Transportation Policy Committee CIO Lubbock MPO 916 Main Suite 531 Lubbock, TX 79401 ARTICLE 9. COMPLIANCE WITH LAWS AND NON-DISCRIMINATION. The parties to this agreement shall comply with all federal and state Iaws, statutes, rules, and regulations, and the order and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement. 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 49, Code of Federal Regulations, Part 26; Title 49, Code of Federal Regulations, Part 27; Title 23, Code of Federal Regulations, part 200 and part 714.45(b); and Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (Title 41, Code of Federal Regulations, Part 60). Further, the parties to this agreement shall comply with Article 20, 24, and 25 of the 2018 Planning Agreement to effect compliance with laws and non- discrimination. 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 MPO shall assign or sublet any duty of this Agreement, excepting those already identified herein, without written consent of the other. ARTICLE 12. SEVERAHILITY. 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. Page 7 of 8 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 OR THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION HAS ANY AUTHORITY, EITHER EXPRESS OR IMPLIED, TO AMEND THIS AGREEMENT, EXCEPT PURSUANT TO SUCH EXPRESS AUTHORITY AS MAY BE GRANTED BY THE CITY COUNCIL OR THE LUBBOCK METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION POLICY COMMITTEE. Approved to be effective on the date of the last party to sign. CITY OF LUBBOCK LUBBOCK METROPOLITAN VT -F-LZ'll N U UICUtUN If -IL 1 1"IN DANIEL M. POPE, MAYOR JEF RIFF I , CHAIRPERSON Date: ctnher A_ 2018 _ Date: ! f ❑ ATTEST: ATTEST: fDo Garza amen alker, re�%o,ca cretary, Secretary, City of Lubbock Lubbock MPO APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ��' Z, �-= - — / '/- 7 = --::: , �. AJ-7/PqPn4-' JarrettAtkinson, H. Da Jones, City Manager, Transportation Planning Director, City of Lubbock Lubbock MPO APPROVED AS TO FORM: Amy Sim Ma w L. Wade Assis City Attorney, Attorney for Lubbock MPO City f Lubbock Page 8 of 8