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HomeMy WebLinkAboutResolution - 2011-R0373 - Sec. 5310 Project Grant Agreement - TXDOT - 08/25/2011Resolution No. 2011—RO373 August 25, 2011 Item No. 5.17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Section 5310 Project Grant Agreement No. 51105F7263 by and between the City of Lubbock and Texas Department of Transportation, and 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 on August 25, 2011 TOM MARTIN, MAYOR ATTEST: Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: Bill How on, Community velopment Director Citibus � iason i APPROVE AST FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Citibus-5310 Project Grant Agrmt August 9, 2011 Resolution No. 2011—R©373 PGA: FEDERAL SECTION 5310 -ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES TRANSIT PROVIDER: LUbbock/CITIBUS, City of FTA GRANT NO: TX -16-X006-00 CFDA #: 20.513 TXDOT PROJECT #: ED 1103 (05) 06 PROJECT GRANT AGREEMEN #: 51105177263 MASTER GRANT AGREEMENT #: 517XXF7054 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § FEDERAL SECTION 5310 ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES FISCAL YEAR 11 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State," and Lubbock/CITIBUS, City of, called the "Transit Provider." WITNESSETH WHEREAS, 49 U.S.C. Section 5310, authorizes the U.S. Secretary of Transportation to make grants to state governments to help them provide mass transportation service planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities; and, WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Transit Provider in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the U.S. Secretary of Transportation approved TxD07s request; and, WHEREAS, the Governor of the State of Texas has designated the Texas Department of Transportation (State) to receive federal funds under the Section 5310 grant program; and WHEREAS, the Transit Provider submitted a GA Part I for federal financial assistance to be used to provide transportation services to elderly individuals and individuals with disabilities, and the Texas Transportation Commission approved the application by Minute Order Number 112594; and, WHEREAS, the Transit Provider must execute a GA Part I and a Fiscal Year 11 Grant Application, Part II (GA Part II) each fiscal year grant period for consideration for new state and/or federal grants. WHEREAS, a Master Grant Agreement (MGA) between the Transit Provider and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA: NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Transit Provider hereto agree as follows: Lubbock/CITIBUS, City of Project Grant Agreement* 51105F7263 Fed 5310 ED Page 1 of 7 Rev 03117/2011 AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on 4/1212011, whichever is later. This PGA shall remain in effect until 8131/2012, unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Transit Provider has submitted the GA Part I and the GA Part II (federal funds only) to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. ARTICLE 2. PROJECT DESCRIPTION The Transit Provider shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A - Approved Project Description and Project Budget (Attachment A), with all practicable dispatch, in a sound, economical and efficient manner. The Transit Provider shall carryout the public transportation project described in the GA Part I and the Attachment A in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. If applicable, the Transit Provider shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line item(s) referenced in Attachment A. No later than sixty (60) days after the issuance of public notification, the Transit Provider shall publicly open all bids or privately review proposals. The Transit Provider shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Transit Provider shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $38,384 provided and 0.00 TDC that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I, the Attachment A, and the Attachment B - Master Budget Page. The original and one copy of the invoice is to be submitted to the following address: Texas Department of Transportation Attn: Lynn Castle Public Transportation Coordinator 135 Slaton Road Lubbock, Texas 79404-5201 Lubbock/CITIBUS, City of Project Grant Agreement #: 51105F7263 Fed 5310 ED Page 2 of 7 Rev 03/17/2011 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in Article 1, Grant Period. ARTICLE 5. STATE AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 6. NEPOTISM DISCLOSURE A. In this section the term "relative" means: (1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2) the grandparent, parent, sibling, child, or grandchild of the person's spouse. B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to Contract Services Section, General Services Division, Texas Department of Transportation, 125 East 11th Street, Austin Texas 78701. The notice shall specify the Transit Provider's entity name, the name of the person who submitted the notification, the contract number, the district, division, or office of TxDOT that is principally responsible for the contract, the name of the relevant Transit Provider employee, the expected role of the Transit Provider employee on the project, the name of the TxDOT employee who is a relative of the Transit Provider employee, the title of the TxDOT employee, the work location of the TxDOT employee, and the nature of the relationship. C. By executing this contract, the Transit Provider is certifying that the Transit Provider does not have any knowledge that any of its employees or any employees of a subcontractor who are expected to work under this contract have a relative that is employed by TxDOT unless the Transit Provider has notified TxDOT of each instance as required by subsection (b). D. If the Transit Provider learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by TxDOT, the Transit Provider shall notify TxDOT under subsection (b) of each instance within thirty days of obtaining that knowledge. E. If the Transit Provider violates this section, TxDOT may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law. Lubbock/CITIBUS, City of Project Grant Agreement ##: 51105F7263 Fed 5310 ED Page 3 of 7 Rev 0311712011 ARTICLE 7. CHILD SUPPORT STATEMENT Under Section 231.006, Texas Family Code, the Transit Provider certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Transit Provider is liable to the state for attorney's fees, the cost necessary to complete the contract, including the cost of advertising and awarding a second contract, and any other damages provided by law or the contract. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court -supervised effort to improve earnings and child support payments. This article supersedes Article 31 of the Master Grant Agreement. ARTICLE 8. SUCCESSORS AND ASSIGNS The Transit Provider binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Transit Provider shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 9. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 10. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 11. INCORPORATION OF PROVISIONS. Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 12. SINGLE AUDIT REPORT A. The Transit Provider is required to comply with federal (OMB A-133) and/or state (State of Texas Single Audit Circular) requirements. B. If threshold expenditures of $500,000 or more are met during the Transit Provider's fiscal year ending, the Transit Provider must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 or contact TxDOT's Audit Office at http://www.txdot.gov/contact_us/audit.htm C. If expenditures are less than $500,000 during the Transit Provider's fiscal year ending, the Transit Provider must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " Lubbock/CITIBUS, City of Project Grant Agreement #: 51105F7263 Fed 5310 ED Page 4 of 7 Rev 03117/2011 ARTICLE 13. SIGNATORY WARRANTY The undersigned signatory for the Transit Provider hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or c rrying out the orders, established policies or wor programs heretofore approved and authoriz/e'd�' by the Te as T ansportation Commission. By: Lynn Castle Lubbock district Date: Gj aj _ l List of Attachments A - Approved Project Description B - Master Budget Page Lubbock/CITIBUS, City of Lubbock/CITIBUS, City of By,'�'� Signature of Authorized Officer TOM MARTIN Typed, Printed or Stamped Name Title: Ma Date: August 25, 2011 Project Grant Agreement #: 51105F7263 Fed 5310 ED Page 5 of 7 Rev 03/17/2011 APPROVED RECIPIENT ATTEST: p " I Rebe a Garza City Secretary Date: August 25, 2011 APPROVED AS TO CONTENT: :,RArrr,A, n2 Bill erton Community Develop ent Director APPROVED AS TO FORM: Chad Weaver Assistant City Attorney Resolution No. 2011-RO373 ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State and Federal assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. Subrecipient: Lubbock/CITIBUS, City of TXDOT PROJECT #: ED 1103 (05) 06 PROJECT GRANT AGREEMENTM 51105F7263 Description ALI No. Units Code PM 11.7A.00 Total Federal Local Match 1 45,480 Total 45,480 TUC 36,384 9,096 0.00 36,384 Lubbock/CITIBUS, City of Project Grant Agreement M 51105F7263 Fed 5310 ED Page 6 of 7 Rev 03/17/2011 9,096 0.00 Resolution No. 2011-80373 ATTACHMENT B MASTER BUDGET PAGE [Insert Budget Page] Lubbock/CITIBUS, City of Project Grant Agreement #: 51105F7263 Fed 5310 FD Page 7 of 7 Rev 03117/2011 Resolution No. 2011-RO373 r®xea �pert..,epr or hanspprtptlpn Revised 412010 GD Select Fiscal Year ---- > FY 2011 tion III: Plannin )l Admin. Coats Federal I State I Local I TDC Total Administration Costs -11.79.00 - Planning Costs-44.2X.XX 7 Total Admin/Planning Costs Federal State I Local I TDC Total Gross 0 eralin -30:09.00 Farebox Revenue Legend Totals Dro Downs Locked Cell Data Entry Title Cells Comments Section II: Capital C Description T®Xas Department P. Transportation Quantity 8 ALI Code Fuel Tvoe Project # Grant Start Date End Date Total of All Programs 55310 Total Federal State LocalTDC T §5310 Total Federal State Local TDC 36,384 1 9,096 1 j 45,480 Preventive Maintenance Purchase of Service Prevenbve Main n n - 1Q Purchase of Service -5310 Only All Other 5310 Capital 11.7A.00 t 1.71.13 11,7A.00 11.71.13 45.480 - - Capital Subtotal 45,480 1 36,3841 1 9,0961 1 45,480 tion III: Plannin )l Admin. Coats Federal I State I Local I TDC Total Administration Costs -11.79.00 - Planning Costs-44.2X.XX 7 Total Admin/Planning Costs Fr 9 2" 1 1 Federal State I Local I TDC Total Gross 0 eralin -30:09.00 Farebox Revenue Net Operating Fr 9 2" 1 1