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HomeMy WebLinkAboutResolution - 2007-R0024 - Memo Of Understanding - LMPO - Defining Roles And Responsibilities - 01/25/2007Resolution No.2007-R0024 January 25,2007 Item No.5.12 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 LMPO,defining the roles and responsibilities of each with respect to the other, 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 25th day of January 2007. ATTEST: RebecJa Garza,City Secretary T^N APPROVED AS TO CONTENT: $ku^ LegAnn Dumbauld,City Manager APPROVED AS TOEQRM: Mitchefi^SBiierwhite,Assistant City Attorney ms/Lubb MPO.res 01/09/07 STATE OF TEXAS COUNTY OF LUBBOCK Resolution No.2007-R0024 January 25,2007 Item No.5.12 MEMORANDUM OF UNDERSTANDING DEFINING ROLES AND RESPONSIBILITIES OF THE CITY 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 Metropolitan Planning Organization's 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 21at 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 Safe,Accountable,Flexible,Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), 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 as the Metropolitan Planning Organization to perform fiscal,administrative and technical functions as directed by the Transportation Policy Committee;and WHEREAS,Title 23 U.S.C.5303(b)(2)defines the metropolitan planning organization as the policy board. 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: Page 1 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 shall automatically be renewed each year unless canceled as herein provided. 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. 1. The City shall maintain one or more separate accounts under the supervision of the Chief Financial Officer.The Chief Financial Officer,in carrying out the requirements of this Agreement,is responsible only in the capacity of a trust officer for the funds involved.The Chief Financial Officer shall account for all funds under generally accepted accounting procedures to satisfy their duties pursuant to this Agreement. 2. The City shall pay all invoices on a timely basis on behalf of the MPO. The City shall receive all reimbursements from the Texas Department of Transportation. 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 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 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. 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 City's Grant Manager will review all requests for reimbursement.The Chief Financial Officer, at his/her discretion, shall audit all reimbursement requests and expenditures of the MPO funds by the Page 2 MPO staff. The MPO staff will make all records available for inspection by the Chief Financial Officer and/or designee. The MPO and City are responsible for maintaining all supporting receipts and disbursement records. 5. The MPO is authorized to utilize the City's accounting system. 6. 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 expended by the MPO must be within the MPO's adopted budget and expended according to the latest approved Unified Planning Work Program. 7. 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. 8. The Transportation Policy Committee Chairperson shall have the same authority of the City of Lubbock City Manager in matters involving the Metropolitan Planning Organization. 9.The MPO Transportation Planning Director shall have the same authority of a Department Director within the City of Lubbock in matters involving the Metropolitan Planning Organization. 10. The MPO shall abide by purchasing policies as outlined in Federal and State laws and regulations. The MPO may adopt purchasing policies that are different from City's provided they are not in conflict with State and Federal laws and regulations,or with the City of Lubbock Charter. 11.The Transportation Planning Director is authorized to make single item purchases up to $5,000. Single item expenditures in excess of $5,000 shall require MPO Transportation Policy Committee approval 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 Transportation Planning Director and the Transportation Policy Committee Chairperson. 12. The Transportation Planning Director must approve all MPO expenditures and requests for payments.The Transportation Planning Director will prepare and provide a monthly financial statement to the Transportation Policy Committee. 13.The MPO staff travel will be in compliance with the City's travel policy.MPO travel funds can only be utilized in accordance with MPO travel policy. The Transportation Planning Director's travel must be approved by the Chairperson of the Transportation Policy Committee.The Transportation Planning Director must approve travel for other MPO staff. MPO staff travel outside the State of Texas Page 3 must be approved by the Texas Department of Transportation. Travel expense reports will be signed by the Transportation Planning Director for MPO staff and by the Chairperson of the Transportation Policy Committee for the Transportation Planning Director.i© 14.Credit card statements will be signed by the Transportation Planning Director for MPO staff and by the Chairperson of the Transportation Policy Committee for the Transportation Planning Director. 15.Direct Payment Requests may be signed by the Transportation Planning Director up to and including $5,000.Any Direct Payment Requests over $5,000 must also be signed by the Chairperson of the Transportation Policy Committee.If the Direct Payment Request payee is the Transportation Planning Director then it must be signed by the Chairperson of the Transportation Policy Committee. 16.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 other City departments. ARTICLE 5.PERSONNEL MANAGEMENT. 1.The City will provide personnel,accounting,and purchasing services to the MPO. 2. 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 with the personnel policies and procedures adopted by the MPO Transportation Policy Committee for the conduct,rights, and responsibilities of the MPO staff. 3. Hiring,termination and evaluation of the 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. 4. The MPO may adopt personnel policies that are different from City's personnel policies. 5. The Transportation Policy Committee 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. 6. 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 is responsible for determining whether Page 4 performance and cost of living based salary increases are approved and the amount of those increases. 7. Personnel Action Forms must be signed by the Transportation Planning Director for MPO staff or in the case of an action related to the Transportation Planning Director, the Chairperson of the Transportation Policy Committee must sign. 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.Either party may terminate this agreement in whole or in part 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. Either party can amend this agreement 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 Transportation Policy Committee: Lubbock Transportation Policy Committee C/O Lubbock Metropolitan Planning Organization 916 Main Suite 706 Lubbock,TX 79401 ARTICLE 9.NON-DISCRIMINATION. Page 5 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 pcrformable 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 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 .PLANNING ORGANIZATION DAVID MILLER, MAYOR PATTI JONES, CHAIRPERSON Date;January 25,2007 Date:|-)h -O 1 Page 6 AT EST: f\-><JL. Rebecca Garza, City Secretary APPROVED AS TO FORM: Assistant City Attorney Page 7 APPROVED AS TO CONTENT: 7tiSa*r<^ Samuel L.Woods,Transportation Planning Director, Lubbock Metropolitan Planning Organization APPROVED AS TO CONTENT: sS"A »^»-^I In *-v\t%m i I /i I \\Leev\.nn Dumbauld. City Manager City of Lubbock