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HomeMy WebLinkAboutResolution - 2006-R0158 - Interlocal Agreement - TXDOT - Citibus Regional Coordination Plan - 04_13_2006NEVER FINALIZED SEE ATTACHED EXPLANATION "Linda dart Re Resolution No 2006 R0l58 Page 1. From: Shannon Garrett <sgarrett@citibus.com> To: "Linda Hart' <LHart@mail.ci.lubbock.tx.us> Date: 7/7/2006 9:00:22 AM Subject: Re: Resolution No. 2006-R0158 Linda, This item was sent to TxDOT in Austin for signatures. Once it got there they decided that they had made a mistake on the recepient name. They had the recepient as Citibus, and decided it should have been The City of Lubbock/Citibus. They would not just do an amendment to the contract, and insisted that a new one be drawn up. The new one went to Council on June 8th. I asked TxDOT to return the interlocal agreement that went to Council on 4-13-06, but no one seems to know where it is. I have a feeling it has been destroyed. I know that is probably not the answer you wanted, but unfortunately it the only information I have at this time. Thanks Shannon "Linda Hart" <LHart@mail.ci.lu bbock.tx.us> To <sgarrett@citibus.com> 07/06/2006 02:11 cc PM Subject Resolution No. 2006-R0l58 Shannon: RE: Agenda No. 5.7 of the 4/13/06 CC mtg (interlocal agreement with TxDOT - Regional Coordination Public Transportation Service Plan) According to our records, the original interlocal agreement needs to be returned to our office in order to complete our files. Please let us know the status of this original document. thanks Resolution No. 2006-RO158 April 13, 2006 Item No. 5.7 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 behalf of the City of Lubbock an Interlocal Agreement with TXDOT for Citibus to deliver a Regional Coordination Public Transportation Service Plan, and all 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 130 ATTEST: �4 Rebecca Garza, City Secretary AS TO viation APPROVED AS TO FORM: gs/ccdocs/Citbus-Interlocal Agrmnt-TXDOT.res March 30, 2006 Resolution No. 2006-RO158 THE STATE OF TEXAS § April- 13, 2006 THE COUNTY OF TRAVIS § Item Na. 5.7 INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791and under Transportation Code, Chapter 461. I. CONTRACTING PARTIES: The Texas Department of Transportation TxDOT Citibus Local Government 11. PURPOSE: To deliver a Regional Coordinated Public Transportation Service Plan. The plan hereinafter will be referred to as the "Project." III. STATEMENT OF SERVICES TO BE PERFORMED: The Local Government will undertake and cant' out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: The total amount of this contract shall not exceed $15,000. V. TERM OF CONTRACT: Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. This contract begins when fully executed by both parties and terminates as provided in this Agreement. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties The governing body, by resolution or ordinance, dated April 13, 2006 , has authorized the Local Government to provide the scope of services. This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, Attachment C, General Terms and Conditions, and Attachment D, Resolution or Ordinance. Name of Council By Specific Name arc McDougal TYPED OR PRINZID NAME AND TITLE Title Specific Title, Date April 13, 2006 FOR 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 carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Janice Mullenix Director, Contract Services Section Office of General Counsel APPROVED RECIPIENT ATTEST: Re6ecca Garza City Secretary Date: 41 — /� — D � APPROVED AT TO FORM: J 'gh Assistant City Attorney APPROVED AS TO CONTENT: J es W. Loomis director of Aviation Contract No ATTACHMENT A Scope of Services The Local Government shall deliver to TxDOT a regional public transportation coordination plan ("plan") for the area designated by TxDOT. The plan shall address all public transportation, as defined by Transportation Code, Chapter 461. The plan shall include the allocation of service and service areas among public transportation providers. The plan shall consider and, to the extent, practicable, incorporate the information in Title III, Sections 3012, 3018, and 3019 in the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005 ("SAFETEA-LU"). The plan shall consider and separately address each goal of public transportation planning set forth in Public Transportation Code, Section 461.004(a). Finally, the plan shall include a list of statutory, legal, practical, and other impediments to the coordination of local public transportation including identification of the party responsible for the impediment and any actions that would reduce or eliminate the impediment. In its plan, the Local Government shall document each step of a thorough public involvement process. At a minimum, the public involvement process shall include at least three public meetings, held in geographically diverse areas within the designated area. Adequate public notice must be given prior to any public meeting. In addition, to the extent practical, at least one week before any public meeting, the Local Government shall provide the notice to all known organizations representing diverse users or potential users of public transportation services in the designated area. Before the plan is submitted to TxDOT, it must be approved by a steering committee. The steering committee shall consist of or obtain input from representatives of public transportation providers serving each significant group of users and operating under diverse regulatory schemes and of representatives of groups representing diverse users and potential users of public transportation services in the designated area. Approval of the plan shall be by majority vote of the steering committee. No later than May 15, 2006, the Local Government shall provide an interim status report describing activities that have occurred in the planning process up to April 30, 2006. The interim status report shall identify public involvement activities, the formation and selection of the steering committee, and other major accomplishments. It shall also include a draft outline for the plan and a timetable of events leading up to delivery of the plan on schedule. No later than July 15, 2006, the Local Government shall deliver to TxDOT a second interim status report. The second interim status report shall include the same components as the first interim status report. It shall also include the timetable included in the first report with notations showing when events on the timetable actually occurred. The plan shall be provided to TxDOT in both bound and electronic formats. The bound version shall be on 8 %2 x 11 in. pages, except for any fold -out materials. The electronic version shall be in Microsoft Word for Windows format. The plan shall be delivered to the Director of TxDOT's Public Transportation Division no later than October 15, 2006. The Local Government shall cooperate fully with TxDOT and its contractors in preparing a complete inventory of public transportation providers, services, and equipment. This agreement will terminate on December 31, 2006; or sooner as agreed upon by both parties. Contract No ATTACHMENT B Budget The maximum amount TxDOT will contribute to the plan is $15,000. Upon submission of appropriate documentation as determined by TxDOT, TxDOT will reimburse the Local Government for 80% of costs prudently incurred in connection with preparation of the plan. Upon delivery of the plan to TxDOT and its acceptance by TxDOT, TxDOT will pay to the Local Government the remaining 20% of costs incurred and properly invoiced to that date and 100% of costs invoiced after that date up to the contract maximum. Invoices shall be submitted no more frequently than monthly. Contract No ATTACHMENT C General Terms and Conditions Article 1. Additional Work A. If the Local Government is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify TxDOT in writing. The written notice shall present the relevant facts and show how the work constitutes additional work. B. If TxDOT in its sole discretion finds that the work does constitute additional work, TxDOT shall so advise the Local Government and a written amendment will be executed. The Local Government shall not perform any proposed additional work or incur any additional costs before the execution of an amendment. C. TxDOT shall not be responsible for actions by the Local Government or for any costs incurred by the Local Government relating to additional work that is performed before an amendment is executed or that is outside the scope of the contract, as amended. Article 2. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 3. Notice to Proceed If Attachment A requires a notice to proceed, the Local Government shall not proceed with any work or incur any costs until TxDOT issues a written notice to the Local Government authorizing work to begin. Any costs incurred by the Local Government before receiving the notice are not eligible for reimbursement. Article 4. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 5. Nonconforming Work If the Local Government submits work that does not comply with the terms of this contract, TxDOT shall instruct the Local Government to make any revisions that are necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work. Article 6. Termination This contract terminates at the end of the contract term, when all services and obligations contained in this contract have been satisfactorily completed or by mutual written agreement. TxDOT shall compensate the Local Government only for those eligible expenses that are incurred during this contract and that are directly attributable to the completed portion of the work covered by this contract and only if the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall neither incur nor be reimbursed for any new obligations after the date of termination. Article 7. Funding TxDOT shall pay for services from appropriation items or accounts from which like expenditures would normally be paid. Payments received by the Local Government shall be credited to the current appropriation items or accounts from which expenditures of that character were originally made. If for any reason subcontractors and suppliers, if any, are not paid before TxDOT reimburses the Local Government for their services, the Local Government shall pay the subcontractors and suppliers all undisputed amounts due for work no more than 10 days after the Local Government receives Contract No payment for the work unless a different time is specified by law. This requirement also applies to all lower -tier subcontractors and suppliers and must be incorporated in all subcontracts. If the Local Government fails to comply with this Article, TxDOT may withhold payments and suspend work until the subcontractors and suppliers are paid. The Local Government is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred. Article 8. Basis for Calculating Reimbursement Costs TxDOT will reimburse the Local Government for actual costs incurred in carrying out the services authorized in Attachment A, Scope of Services. TxDOT shall compensate the Local Government for only those eligible expenses incurred during this contract that are directly attributable to the completed portion of the work covered by this contract, provided that the work has been completed in a manner satisfactory and acceptable to TxDOT. The Local Government shall not incur or be reimbursed for any new obligations after the effective date of termination. The Local Government shall bill TxDOT for actual travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out -of -country travel by the Local Government requires prior approval by TxDOT. Article 9. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDOT under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Executive Director of the Texas Department of Transportation. Article 10. Conflict of Interest The Local Government shall not assign an employee to a project if the employee: A. owns an interest in or is an officer or employee of a business entity that has or may have a contract with TxDOT relating to the project; B. has a direct or indirect financial interest in the outcome of the project; C. has performed services regarding the subject matter of the project for an entity that has a direct or indirect financial interest in the outcome of the project or that has or may have a contract with TxDOT; or D. is a current part-time or full-time employee of TxDOT. Article 11. Local Government Resources All employees of the Local Government shall have adequate knowledge and experience to enable them to perform the duties assigned to them. The Local Government certifies that it currently has adequate qualified personnel in its employment to perform the work required under this contract or will be able to obtain adequate qualified personnel from sources other than TxDOT. On receipt of written notice from TxDOT detailing supporting factors and evidence, the Local Government shall remove from the project any employee of the Local Government who is incompetent or whose conduct becomes detrimental to the work. Unless otherwise specified, the Local Government shall furnish all equipment, materials, supplies, and other resources required to perform the work. Article 12. Assignment Subcontracts A subcontract may not be executed by the Local Government without prior written authorization by TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of this contract. No subcontract will relieve the Local Government of its responsibility under this contract. Neither party shall assign any interest in this agreement. Contract No Article 13. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of.its agents, servants, or employees. Article 14. Disputes The Local Government shall be responsible for the settlement of all contractual and administrative issues arising out of procurements entered in support of contract services. TxDOT shall be responsible for the settlement of any dispute concerning this contract unless the dispute involves a subcontract. Article 15. Records and Ownership A. The Local Government agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs at its office during the contract period and for four years from the date of final payment under the contract. These materials shall be made available for inspection and copying by TxDOT, by TxDOT Auditor's Office, and by their authorized representatives. If the contract is federally funded, these materials shall also be made available for inspection and copying by the U.S. Department of Transportation and by the Office of the Inspector General. B. After completion or termination of this contract, all documents prepared by the Local Government or furnished to the Local Government by TxDOT shall be delivered to and become the property of TxDOT. All sketches, photographs, calculations, and other data prepared under this contract shall be made available, on request, to TxDOT without restriction or limitation of further use. C. TxDOT shall own all title to, all interests in, all rights to, and all intellectual property (including copyrights, trade and service marks, trade secrets, and patentable devices or methods) arising from or developed under this contract. D. Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by the Local Government or its subcontractors under this contract shall be owned by TxDOT and will be delivered to TxDOT at the time the contract is completed or terminated. E. TxDOT Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT 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 TxDOT 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 TxDOT Auditor with access -to any information TxDOT Auditor considers relevant to the investigation or audit. Article 16. Reference to Costs Principles and Circulars Reimbursement with state or federal funds will be limited to costs determined to be reasonable and allowable under cost principles establish in OMB Circular A-21, "Cost Principles for Educational Institutions," or OMB Circular A-87, "Cost Principles for State and Local Governments." The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133. Article 17. Equal Employment Opportunity The Local Government agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by Department of Labor regulations, 41 CFR Part 60. The Local Government agrees to consider minority universities for subcontracts when the opportunity exists. The Local Government warrants that it has developed and has on file appropriate affirmative action programs as required by applicable rules and regulations of the Secretary of Labor. Contract No Article 18. Nondiscrimination A. The Local Govemment shall comply with the regulations of the U.S. Department of Transportation relating to nondiscrimination in federally -assisted programs, including 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Part 60-74 (the Regulations). B. The Local Govemment, with regard to the work performed during this agreement, shall not discriminate on the basis of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. In all solicitations either by competitive bidding or negotiation made by the Local Govemment for work to be performed under a subcontract, including procurements of materials and leases of equipment, but not including routine purchase orders, each potential subcontractor or supplier shall be notified by the Local Govemment of the Local Government's obligations under this agreement and the Regulations. D. The Local Govemment shall provide all information and reports required by the Regulations and directives issued under the Regulations and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the Texas Department of Transportation or the U.S. Department of Transportation to be pertinent to ascertain compliance with the Regulations or directives. If any information required of the Local Govemment is in the exclusive possession of another who fails or refuses to furnish this information, the Local Govemment shall so certify to the Texas Department of Transportation or the U.S. Department of Transportation, whichever is appropriate, and shall set forth what efforts the Local Govemment has made to obtain the requested information. E. In the event of the Local Government's noncompliance with the nondiscrimination provision of this agreement, the Texas Department of Transportation shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate. F. The Local Govemment shall include the provisions of paragraphs A through E in every subcontract, including procurements of materials and leases of equipment, except routine purchase orders, unless exempt by the Regulations or directives. The Local Govemment shall take such lawful action with respect to any subcontract or procurement as the Texas Department of Transportation may direct as a means of enforcing these provisions, including sanctions for noncompliance. In the event the Local Govemment becomes involved in or is threatened with litigation with a subcontractor or supplier as a result of directions given by TxDOT, the Local Govemment may request the Texas Department of Transportation to enter into the litigation to protect the interests of TxDOT. In addition, the Local Govemment may request the United States to enter into litigation to protect the interests of the United States. Article 19. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. After receiving a written request from TxDOT, the Local Govemment shall furnish TxDOT with satisfactory proof of its compliance with this Article. Article 20. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Contract No ATTACHMENT D Resolution or Ordinance