HomeMy WebLinkAboutResolution - 112075G - Grant Agreement - Dept Of Highways And Public Transportation - 11_20_1975KJJ dw,
RESOLUTION
/&095 6
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby
mthorized and directed to execute for and on behalf of the CITY OF
LUBBOCK an AGREEMENT between the CITY OF LUBBOCK and the
STATE OF TEXAS acting by and through the' STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION covering a PUBLIC TRANS-
PORTATION GRANT ASSISTANCE AGREEMENT, attached herewith
Nhich shall be spread upon the Minutes of the COUNCIL and as spread
zpon the Minutes of this COUNCIL shall constitute and be a part of this
3esolution as if fully copied herein in detail.
ed by the City Council this 2othday of November- 1975.
ATTEST:
Treva Phillips, City
PPROVED AS TO FORM:
d O. Senter, Jr.,
s
BOY BA MAYOR
y
COMMISSION
REAGAN HOUSTON. CHAIRMAN
DEWITT C. GREER
CHARLES E. SIMONS
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORT
P. 0. Box 771
Lubbock, Texas 79408
October 30, 1975
Subject: Lubbock Transportation Project
Contract Agreement
ENGINEER -DIRECTOR
i E CE,I d
OCT' 3 i 1976 ;
CITY MANAGER'S OFFICE F
......................... ILE
L. DEBERRY
EPLY REFER TO
NO,
Mr. N. B. McCullough
City Manager
P. 0. Box 2000
Lubbock, Texas 79457
Dear Sir:
Attached is a contract agreement between the Department and the City
of Lubbock regarding.State Public Transportation Fund participation
in UMTA Project No. TX-03-0016.
After the two copies have been signed by the mayor, please return to
this office for processing. After the agreement is executed in Austin,
a copy will be returned for your files.
If there are any questions, please let us know.
a
ruly yours,
George C. ,
District Engineer
District Five
GYJ/md
Attachment
CONTRACT
STATE OF TEXAS Z
COUNTY OF TRAVIS I
THIS CONTRACT made by and between the State of Texas acting by and
through the State Department of Highways and Public Transportation, hereinafter
called the "State", and the City of Lubbock, hereinafter called the "City".
WITNESSETH
WHEREAS, the City has made application for a Capital Improvement Grant
through the Urban Mass Transportation Administration for financing the purchase
of twenty-four (24) new 19-23 passenger buses, one (1) bus for transporting the
handicapped, and related equipment generally described in Attachment "A"; and,
WHEREAS, the Urban Mass Transportation Administration has approved said
application on December 17, 1974, identified the same as Project Number TX-03-0016,
and duly executed a contract between itself and the City of Lubbock for accomplishing
the project; and,
WHEREAS, in response to the City's request, Commission Minute Order 70402
authorized the State to provide approximately $92,000.00 dollars for assisting in
financing said project;
NOW, THEREFORE, the State and the City in consideration of the premises
and mutual covenants and agreements of the parties hereto to be made by them
respectively kept and performed, as hereinafter set forth, hereby agreed as follows:
I. The State will reimburse the City for thirteen percent (13%) of the
authorized cost incurred for Capital Improvements described in Attachment "A".
The total reimbursement by the State is generally not to exceed the total funds
authorized by Commission Minute Order Number 70402 in the amount of $92,000.00.
In the event of any necessary adjustments to the "Approved Project Budget" (Attachment
A, page 3), such adjustments being within the scope of the original project, allowed,
and approved by the federal agency, and so reflected in an amended federal project
budget, the State funding share for the project will be similarly amended to reflect
an adjusted but original proportionate share of the total project cost. ,The State
will make payments to the City based upon properly prepared and executed Form 132.
The State, through its District Engineer, will certify by the executed Form 132
that the items indicated on said Form for payment have been received by
the City and the Mate and City together have inspected and accepted the
same as satisfactory. The City shall make available all records to
authorized representatives of the State and Federal agencies involved in
this project.
II. Project facilities and equipment shall be used for the provision
of public transportation services described within the duly executed contract
between the Urban Mass Transportation Administration and the City of
Lubbock for federal Project Number TX-03-0016. In the event that any
project facilities and equipment are not used in the proper manner or are
withdrawn from Public Transportation Services, to be used for other than
the provision of public transportation services, the City shall immediately
notify the State and shall remit to the State a proportional amount on
the basis of the ratio of the grant made by the State to the actual total
participating cost of the project. The fair market value shall be deemed
to be the value of the property as determined by competent appraisal
conducted as soon after such withdrawal or misuse occurs as feasible or
the actual proceeds from the public sale of such property, whichever is
approved by the State.
III. The City shall save harmless the 'State or any agency of the
government, from all claims and liability due to its negligent acts or
negligent acts of its subcontractors, agents or employees.
y
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed on the aforementioned date.
PARTY OF THE FIRST PART
State of Texas
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders, estab-
lished policies, or work programs hereto-
fore approved and authorized by the State
Highway and Public Transportation Commis-
sion.
Engineer -Director
Under Authority of Commission
Minute Order 70402
Date
Recommended for Execution:
District Engineer, District 5
Director, Finance Division
State Planning Engineer
Assistant Engineer -Director
3
PARTY OF THE SECOND PART
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tt c1Y