Resolution 2022-26 RESOLUTION NO.2022-26(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY
OF WYLIE, TEXAS, TO EXECUTE THE INTERLOCAL PUBLIC
TRANSIT SERVICE AGREEMENT BETWEEN THE DALLAS AREA
RAPID TRANSIT AND THE CITY OF WYLIE CONCERNING AN ON
DEMAND RESPONSIVE TRANSPORTATION PROGRAM WITHIN
COLLIN COUNTY TO RESIDENTS WHO ARE 65 YEARS OF AGE OR
OLDER OR WHO HAVE A DISABILITY.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, Texas, the Interlocal Public Transit Service Agreement
between the Dallas Area Rapid Transit and the City of Wylie concerning a demand responsive
transportation program.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE 13t day of September, 2022.
atthew Porter,Mayor
ATTEST TO:
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Stephanie Storm, City Secretary )
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Resolution No.2022-26(R)DART ILA Page 1 of 2
EXHIBIT "A"
Interlocal Agreement
Resolution No.2022-26(R)DART ILA Page 2 of 2
EXHIBIT 2
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL AGREEMENT FOR PUBLIC TRANSIT SERVICE
This Interlocal Agreement (the "Agreement") is made by and between Dallas Area Rapid Transit
Mobility Service, LGC ("LGC"), a Texas local government corporation organized and existing
pursuant to Subchapter D of Chapter 431 of the Texas Transportation Code and the City of Wylie,
Texas ( "WYLIE") a Texas municipal corporation whose address is 300 Country Club, Building
100, Wylie,Texas 75098(collectively,referred to as the"the Parties"or individually,as a"Party").
RECITALS
WHEREAS, the LGC began a demand responsive transportation program within Collin County
that is available to residents of WYLIE who are 65 years of age or older or who have a disability
(the"Service"); and
WHEREAS, WYLIE has provided funding to support the operation of this Service since 2016
and has determined that the Service is beneficial to the residents of WYLIE; and
WHEREAS, WYLIE may modify the amount that the WYLIE residents pay for the Service
through this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set
forth herein, the mutual benefits to each Party, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Term and Termination
1.01. The term of this Agreement shall begin on the 1st day of October 2022, and
terminate at midnight on the 30th day of September 2023, ("the Term"). Notwithstanding the
foregoing to the contrary or any other termination provisions contained herein, either Party may
terminate this Agreement by giving the other Party one-hundred twenty (120) calendar days
advanced notice of termination.
1.02. In the event that either Party shall fail to perform any of their respective material
obligations under this Agreement, the non-defaulting Party shall have the right to terminate this
Agreement if the defaulting Party has not cured any such failure to perform within thirty (30)
calendar days following written notice by non-defaulting Party of such failure.
1.03. In the event that WYLIE fails to make any payment required by Section 4.04 of
this Agreement, LGC shall have the option, at its sole discretion, to suspend such Service within
WYLIE or require that residents of WYLIE pay a higher fare or percentage share of taxi vouchers
EXHIBIT 2
for the Service. The suspension or revised user fees may continue until payments from WYLIE
resume.
1.04. If program costs are greater than the WYLIE Not to Exceed amount, any cost
overruns shall be the responsibility of the WYLIE.
2. Service Description
2.01. Service includes weekday contract dedicated service as operated by the LGC
contractor. During the Term of this Agreement,the Service may be replaced with a transportation
assistance program to provide accessible public transportation services for the eligible residents of
Collin County, including WYLIE.
2.02. Except as may be limited in accordance with Section 1.03, Service shall be
available to residents of Collin County who are 65 years of age or older or who have a disability
and who have no access to alternative private or public transportation.
2.03. Eligible users of Service provided under this Agreement will be required to pay a
fare per trip and/or percentage share of the subsidy value provided for the Service.
2.04. Eligible users of Service shall be required to schedule ride requests and rides will
be available on-demand between the hours of 5:00 am and 12:00 am(midnight)on Monday through
Saturday and 7:00 am and 12:00 am (midnight) on Sundays and holidays.
2.05. Users of Service who fail to cancel a previously scheduled or regularly scheduled
trip at least one hour in advance of the pickup time shall pay a fee in an amount as required by the
LGC.
3. LGC Duties and Responsibilities
3.01. LGC shall cause a contractor to provide the Service, including vehicles, drivers,
supervisors,call center and scheduling staff,and any other staff or services required to provide the
Service.
3.02. LGC may cause its contractor to clean, fuel and otherwise maintain any vehicles
needed to provide a dedicated service.
3.03. LGC may cause a taxi or other transportation service to provide voucher
management services,technology, software or other services, supplies, or equipment necessary to
operate a user transportation assistance program.
3.04. LGC shall be responsible for the call center, customer information, complaint
resolution, data collection, accounting, passenger ridership, invoicing, reconciliation of all
invoices, and payment of contractors and suppliers.
EXHIBIT 2
3.05. Performance Measures and Reporting. LGC shall provide WYLIE with
information regarding ridership, on-time performance of the Service, costs, and number of users,
within thirty(30) calendar days of receipt of such information from the contract provider.
3.06. LGC shall convene quarterly meetings with WYLIE staff to discuss the Service.
3.07. LGC shall cause to be prepared planning, engineering, and financial planning
services and data required by the North Central Texas Council of Governments ("NCTCOG").
NCTCOG is responsible for funding and managing the development of the County Transit Service
and Financial Plan, which will include WYLIE. This NCTCOG plan will meet the WYLIE
obligations as required by Policy 1I1.07 to develop a 20-year transit service and financial plan
during the Term of this Agreement. Following the completion of the transit service and financial
plan by NCTCOG, the WYLIE shall develop a plan for WYLIE membership in DART.
3.08. LGC shall distribute to WYLIE and analyze any available surveys of the Service.
WYLIE may provide input regarding the design of the survey instruments if any are used.
4. WYLIE Duties and Responsibilities
4.01. WYLIE shall allow the LGC to operate the Service on WYLIE streets including
contract dedicated service or taxi services.
4.02. WYLIE shall assist in marketing and communications of Service to residents,using
the WYLIE website, resident newsletters, or other methods of communication controlled by
WYLIE to inform residents about the Service.
4.03. WYLIE shall cooperate with the NCTCOG, NCTCOG consultants, and LGC to
prepare a Collin County Service and Financial Plan, as required by DART Policy I1I.07.
Cooperation shall include, by example and not limitation, participating on policy, stakeholder and
technical advisory committees, providing information about WYLIE economic development,
demographic projections, financial projections, and reviewing and commenting on the Collin
County Service Plan as required under DART Policy I11.07. The cost of the planning prepared by
NCTCOG will be the responsibility of NCTCOG.
4.04. Commencing October 1,2022,and on the first day of every month thereafter during
the Term hereof, WYLIE shall pay LGC WYLIE's share of the Service as shown in Exhibit A to
the following address:
Dallas Area Rapid Transit
Accounts Receivable
P.O. Box 840009
Dallas, TX 75284-0009
The final monthly payment of each year will be adjusted to reflect the annual total Not-To-Exceed
amount shown in Exhibit A. Any payments made under this Agreement shall be made from
revenues currently available to the Parties. The provisions of Chapter 2251 of the Texas
EXHIBIT 2
Government Code shall apply to payments under this Agreement. The amount due hereunder is
subject to change in the event that WYLIE requests a change in the program or LGC grant funds
are depleted.
5. Joint Marketing and Communications. The Parties acknowledge that marketing
and communications regarding the Service may require the use of marks and logos that are owned
by each of the Parties. The Parties agree to such limited use of their individually owned or
registered marks, logos, and trade names in connection with providing and promoting the Service
under this Agreement. Any right to use such marks and logos shall terminate upon the termination
or expiration of this Agreement.
6. Force Majeure. LGC shall at all times use reasonable commercial efforts to provide
or cause the Service to be provided continuously, however, LGC does not warrant or guarantee
uninterrupted Service and shall not be liable for any special, direct or consequential damages
relating to or arising from an interruption in the Service. The obligations of the Parties to perform
under this Agreement shall be suspended to the extent that either or both are unable to perform as
a result of causes beyond the respective Party's reasonable control and without such Party's fault
or negligence, including but not limited to, equipment breakdown, accidents, acts of nature and
governmental action. In such event, the affected Party shall use reasonable efforts to eliminate the
cause as quickly as possible.
7. Planning. On July 1, 2023, LGC shall provide a projected pricing schedule for
continuation of the Service beyond the Term. WYLIE shall notify DART in the event that, prior
to July 1, 2023, WYLIE has determined not to continue funding for the Service after September
30, 2023.
8. Audit and Retention of Records. Any Party shall have the right to request an audit
of another Party's records related to the operation of the Service. The Parties shall retain adequate
records for auditing purposes for a period of three years after final payment hereunder.
9. Indemnifications
9.01. To the extent permitted by applicable law, LGC shall defend, indemnify and hold
WYLIE, and its officers, employees, visitors and contractors, harmless from all loss, cost and
expense by reason of injury(including death),to any person, or damage to property, arising out of
or from any accident or other occurrence taking place during the performance of this Agreement,
which injury or damage results from negligence on the part of LGC, its agents, employees, or
contractors.
9.02. To the extent permitted by applicable law, WYLIE shall defend, indemnify and
hold LGC, its directors, officers, employees and contractors, harmless from all loss, cost and
expense by reason of injury, (including death), to any person, or damage to property, arising out
of or from any accident or other occurrence taking place during the performance of this Agreement,
which injury or damage results from negligence on the part of WYLIE, its agents, employees or
contractors.
EXHIBIT 2
9.03. WYLIE hereby releases, indemnifies, defend, and holds DART harmless from all
loss,cost and expense by reason of injury, (including death),to any person, or damage to property,
arising out of or from any accident or other occurrence taking place during the performance of this
Agreement, which injury or damage results from any negligence or misconduct on the part of the
indemnifying Party or its agents, employees or contractors, whether now known or otherwise. In
the event of any third-party claim against DART arising out of the terms of this Agreement, the
Parties shall jointly provide any necessary defense with counsel reasonably acceptable to DART,
so as to eliminate liability on the part of DART, it being acknowledged that DART is not a Party
to this Agreement.
9.04. In the event of joint or concurring negligence or fault of both Parties, liability, if
any, shall be apportioned comparatively in accordance with the law of the State of Texas. The
provisions of this section are solely for the benefit of the Parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity, nor limit the right of
LGC or WYLIE to assert any governmental immunity defense to any claim of another Party or
entity. The provisions of this section shall survive termination or expiration of this Agreement.
10. Miscellaneous Provisions.
10.01. Notices. Any notice by any Party shall be in writing and shall be deemed to have
been duly given only if delivered personally or sent by United States mail, certified, return receipt
requested, in a postage paid envelope addressed to the Parties as set out below:
LGC:
c/o DALLAS AREA RAPID TRANSIT
P.O. Box 660163
Dallas, Texas 75266-7213
Attention: Rob Smith
Vice President, Planning and Development
WYLIE:
City of Wylie
Attention: Brent Parker, City Manager
300 Country Club Road, Building 100
Wylie, Texas 75098
With a copy to:
Abernathy, Roeder, Boyd, and Hullett, P.C.
Attention: Richard Abernathy, City Attorney
1700 N. Redbud Blvd., Ste. 300
McKinney, TX 75069
A Party may designate another address by giving notice thereof to the other Parties.
10.02. Binding Effect. The provisions of this Agreement shall be binding upon and inure
to the benefit of the Parties and their respective successors and permitted assigns. There shall be
no third-party beneficiaries of this Agreement.
EXHIBIT 2
10.03. Fiscal Funding. WYLIE is a political subdivision of the State of Texas(or creation
thereof). WYLIE shall have the right, upon the failure of the governing body of WYLIE to
appropriate sufficient finances to fund of this Agreement, to terminate this Agreement as of the
effective date of such lack of fiscal funding. When exercising this right, WYLIE shall give notice
to LGC of any such failure of funding within thirty(30)calendar days of the ordinance passage.
10.04. Construction and Drafting. The paragraph headings in this Agreement are intended
for convenience only and shall not be taken into consideration in the construction or interpretation
of this Agreement. Whenever used herein, unless the context otherwise provides, the singular
number shall include the plural, the plural the singular, and the use of any gender shall include all
other genders. Both Parties have participated in the drafting hereof and accordingly no party shall
be given credit therefor in the interpretation of this Agreement.
10.05. Partial Invalidity. Any portion of this Agreement being declared by law to be
invalid shall not invalidate the remaining provisions which shall remain in full force and effect.
10.06. Merger and Amendment. This instrument constitutes the entire agreement of the
Parties with respect to matters contemplated herein, and it may be modified or amended only in
writing, signed by all Parties hereto and in accordance with the terms hereof.
10.07. No Partnerships or Joint Enterprise. It is mutually understood and agreed that this
Agreement is intended by the Parties to establish only an independent contractual relationship and
is not intended to create a partnership or joint venture between the Parties.
10.08. Use of Contractors. Nothing in this Agreement shall prevent a Party from using a
contractor or agent to perform the duties and responsibilities contemplated by this Agreement.
10.09 Assignment. No Party may assign its rights and obligations or either under this
Agreement, in whole or in part,without first obtaining the prior written consent of the other Party,
which consent may be withheld for any reason. No assignee or successor may further assign, in
whole or in part, its rights and obligations without prior written consent of the other Party to this
Agreement at the time of further assignment.
10.10 Entire Agreement. The recitals and exhibits to this Agreement are incorporated herein
for all purposes. This Agreement constitutes the entire agreement of DART and TOWN with respect to the
subject matter hereof. In the event of conflict between the exhibits and this Agreement,the terms of
this Agreement shall prevail.
10.11 DART Board Policy III.07. The Provisions of the DART Board Policy are
incorporated herein and binding on the Parties hereto. Any renewal of this Agreement must be
approved by each Party and the DART Board of Directors.
EXHIBIT 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple originals
as of the day of , 2022.
DALLAS AREA RAPID TRANSIT MOBILITY SERVICE, LGC
By:
CITY OF WYLIE
By:
City Manager
EXHIBIT 2
Exhibit A
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Participant Projection FY23
Program Participants 125
Fares Projection FY23
Trip Projections(Quantity) 2,562
Fares $ 44,041.13
Avg.Cost/Trip $ 17.19
Program Expenses Projection FY23
Fare Expense $ 44,041.13
DART Staff $ 19,727.12
Purchased Transportation Fxd.
Cost $ 22,859.98
G &A-10% $ 6,690.11
Program Expenses $ 93,318.34
Revenue Projection FY23
Participant Fare Contribution
(25%) $ 11,010.28
LGC Service Fee $ 14,105.08
Cities Required Revenue $ 96,413.14
Total Revenues $ 107,423.42
Total ILA Revenue From Cities $ 48,207.00
Grant funding $ 48,207.00
Total Revenues $ 107,423.00