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HomeMy WebLinkAboutResolution - 121577B - Grant Application - DOT - Urban Mass Transportation - 12_15_1977KJ:bsb RESOLUTION r' RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPOR- TATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION �`• ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as Amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to insure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring"construction contracts, supplies, equipment contracts, or consultant and other services: NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. THAT the MAYOR is.authorized to execute and file an application on behalf of the City of Lubbock with the U. S. Department of Transportation, to aid in the financing;•of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended, for the fiscal year 1977-78. 2. THAT the MAYOR is authorized to execute and file with such applications an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. THAT JOHN L. WILSON, Transit Coordinator, is authorized to furnish such additional: information as the U. S. Deparment of Transportation may require in con- nection with the application or the project. 4. THAT the MAYOR is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. THAT the MAYOR is authorized.to execute grant contract agreements on behal. of_the City of Lubbock with the U. S. Department of Transportation for aid in the financing of the operating assistance projects. Passed by..ehe­Ci,ty Council this 15th day of December 1977. r.. RO ASS, MAYOR TT T: r Treva Phillips, Cit 96cretary-Treasurer APPROVED AS TO F01�'I: Fred 0. Senter, Jr., CW Attorney 1.2 -/,--17 ,' n UF:LAir t;�tSS TRANSPCRTIATION -HG ASCRANT CONTRACT OPER4Ti (SECTION 5)• PART I Project No. Tx-05 4048 GRANTEE: City of Lubbock MASS TRANSPORTATION SYSTEM: Lubbock Transit System' PROJECT TIME'PERIOD: October 1, 1977, through September 30, 1978 ELIGIBLE PROJECT OPERATING EXPENSES: $Q53,468 FEDERAL SHARE: $381,484 DATE OF 13(c) CERTIFICATION LETTER FROM THE DEPARTMENT OF LABOR: May 26, 1978 page one - Form UMTA F 2001 '5/8/78 ur r,,_:: .,cr���a on G:;ge cJr,; o� this Grcnt �ortract, l TT�:_��FT?: In consideration of tha mutual co•--nants, promises and w repre.entations herein, the parties herEta agree as follows: Sec. 1. Purpose of Contract - The purpose of this Contract is to provide for the undertakin of an urban mass transportation operating assistance project the "Project") with Government financial assistance to the Grantee in the form of an operating assistance grant (the "Grant"), under the Urban Mass Transportaticn Act of 1964, as amended (the "Act), and to state the terms and conditions upon which such assistance will be provided and the manner in which the Project will be undertaken. Sec. 2. The Grant Contract - This Contract consists of this Part I entitled Urban Mass Transportation Operating Assistance Grant Contract, and Part II, entitled Urban Mass Transportation Grant Contract, Terms and Conditions, Form UMTA F 5B, dated 5/8/78 Sec. 3. The'Project - The Project involves the continued or improved operation of the mass transit system named on page one of this Grant Contract for the time period described on page one. The Grantee agrees to provide for the continued or improved operation of the system, substantially as described in its Application, filed with and approved by..the Government, incorporated in this Agreement by reference, and in accordance with the terms and conditions of this Contract. Sec. 4. The -Grant - In order to assist the Grantee in financing the project operating expenses that are eligible for Federal financial assistance (herein called "Eligible Project Operating Expenses"), such Eligible Project Operating Expenses being estimated to be the the amount appearing.on page one of this Grant Contract, the Government will make a Grant in an amount not to exceed 50% of the Eligible Project Operating Expenses, as determined by the Department of Transportation (DOT) upon completion of the Project,*or in the amount designated as Federal Share on page one of this Grant Contract, whichever is the lesser. Federal funds made available under this Section will be from available Section 5 apportioned funds. For purposes of this Grant Contract "Eligible Project Operating Expenses" must be in conformance with the requirements of Federal Management Circular 74-4 (FMC 74-4), "Cost Principles Applicable to Grants and Contracts with State and Local Governments" and with any guidelines or regulations issued by UMTA. 5/8/78 page two "LeE a1. the a,7,c; lnt prov -#ded under this Grant (sees t4:a t no refund or reduction of Grant Contract will be made so as to the Federal share at any time, unless refund to the Governm.-ent of an equal 71, Contract. The GrarltE:a farther the amount provided uridEr this laver the local share below there is at the s-pme time a amount. Sec. 5. Maintenance of Effort - The Grantee agrees that the Federal financial assistance provided pursuant to this Grant Contract will be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues, as defined in guidelines or regulations issued by UMTA, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available. Any failure on the part of the Grantee to comply with this Section shall be deemed a violation of the terms of this Contract, and the Government may in its discretion take either or both of the following actions: (a) terminate all of the financial assistance provided pursuant to this Grant -Contract; and (b) require the Grantee to return to the Government any financial assistance provided pursuant to this Grant Contract. Sec. 6. Use of Project Funds - The Grantee agrees that the Federal financial assistance provided under this Grant Contract shall be applied to the Eligible. Project Operating Expenses incurred - in the provision of mass transportation service within the urbanized area served by the Grantee as described in the Application with respect to the Project time period described on page one of this Grant Contract. If, during such period, any Federal financial assistance provided pursuant to this Grant Contract is not so applied, the Grantee shall immediately notify the Government. The Grantee.shall keep satisfactory records in the manner described in Part II of this Grant Contract with regard to the use of Federal financial assistance provided pursuant to this Grant Contract and shall submit upon request such information as the Government may require in order to assure compliance with this Section. Sec. 7. Labor Protection - The Grantee agrees to undertake, carry out, and complete the Project under the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Act. 5/8/78 page three �' These terms and conditions are specified in the letter of cer-iTication to the Government from the Department of Labor cn the date indicated on page one of this Grant Contract, which letter is incorporated into this Grant Contract by reference. Sec. 8. Special Condition - The Grantee agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Grant Contract will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. Sec.. II. Offer and Acceptance A. Execution of Contract - This Contract may be simultaneously executed, in several counterparts, each of which shall be considered to -be an original having identical legal effect. B. Offer - When dated and signed by the Government, this instrument shall constitute an offer which should be accepted by the Grantee by execution within sixty (60) days of such date. -The Government may with- draw any offer not accepted within the above sixty-day period. Upon acceptance of the offer the effective date of the Contract shall be the date on which this offer was*executed by the Government. page four 5/8/78 TITJ.E: REGIONAL DIRECTOR C. Acceptance - The Grantee does hereby ratify and adopt all statements, representations, warranties, covenants, and agreenents contained in the Application and supporting materials submitted by it, and does hereby accept the Governmment's offer and agrees to all of the terms and conditions thereof. Executed this day of A Al 19 7Z SEAL ATTEST: BY ATTEST: TITLE: CITY OF LUBBOCK MAYOR D. Certification of Grantee's Attorney I, acting as Attorney for the Grantee do hereby certify that T have examined this Grant Contract and the proceedings taken by the Grantee relating thereto, and find that the acceptance of the Government's offer by the Grantee has been duly authorized by the Grantee's action dated August 17, 1978 (a copy of. which has been submitted to UMTA) and that the execution of this Contract is in all *respects due and proper and in accordance with applicable State and local law and further that, n_ opinion, said Grant constitutes a - legal and binding obligation of the ..Grantee ,in._accordance with the .terms thereof. I further certify that to the best of my knowledge neither.has any law been passed nor is there any litigation pending or threatened which might affect the performance of the Project in accordance with the terms of this Contract. page five 5/8/78 Cdn ir�C7! �,�okl�t is /Zese 0106/2/5 77 a