Loading...
HomeMy WebLinkAboutResolution - 2006-R0391 - Grant Agreement For State Financial Assistance For Citibus - 08_24_2006Resolution No. 2006-RO391 August 24, 2006 Item No. 5.5 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, Section 5307 Grant Agreement by and between the City of Lubbock and the Texas Department of Transportation for state financial assistance to be used by Citibus to provide transportation services, 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 24th day of August , 2006. ATTEST: City Secretary AS TO CONTENT: Loomis / of Transportation and Public Works APPROVED AS TO FORM: M. Knight, AWdfint Cffy Attorney gs/ccdocs/Citibus-Grant Section 5307.Res Aug. 9, 2006 M Resolution No. 2006-RO391 August 24, 2006 Item No. 4.4 RECIPIENT: City of Lubbock STATEILOCAL PUBLIC TRANSPORTATION (SECTION 5307) GRANT AGREEMENT - STATE STATE PROJECT NO.: URB 0701(05) MISC. CONTRACT NO. 51705F7054 SERVICE AREA: City of Lubbock THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Lubbock, hereinafter called the "Recipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient 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 Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted a Fiscal Year 2007 Grant Application, Part 1 for state financial assistance to be used to provide transportation services; and, - WHEREAS, the Texas Transportation Commission has approved Minute Order Number 110612 ; and, WHEREAS, the Recipient must execute a Fiscal Year 2007 Grant Application, Part 1 at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a Fiscal Year 2007 Master Grant Agreement (MGA) between the Recipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA; and, NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows. AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 1, 2006, whichever is later. This PGA shall remain in effect until August 31, 2007 unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a Master Grant Agreement, and the Recipient has submitted the Fiscal Year 2007 Grant Application, Part / to the State. «Name» STATE PROJECT NO.: curb » Page 1 of 1 ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the Fiscal Year 2007 Grant Application, Part I and/or the attached Attachment B, Project Budget, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the Fiscal Year 2007 Grant Application, Part I and the Attachment B, Project Budget 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 Recipient 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 B, Project Budget. No later than sixty (60) days after the issuance of public notification, the Recipient shall publicly open all bids or privately review proposals. The Recipient 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 Recipient 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 $713,138.00 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the Fiscal Year 2007 Grant Application, Part I and the Attachment B, Project Budget. The original and one copy of the invoice is to be submitted to the following address: Randy Hopmann, P.E., District Engineer Texas Department of Transportation 135 Slaton Rd Lubbock, Texas 79404-5201 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 the MGA Article 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 6. 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. «Name» STATE PROJECT NO.: «urb_» Page 1 of 1 .t W ARTICLE 7. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto 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 8. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 9. SIGNATORY WARRANTY The undersigned signatory for the Recipient 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 carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ��- �o� Randy Hopmann, P.E. Lubbock District Engineer Date: Y-30 -06 List of Attachments A - Project Description B - Project Budget RECIPIENT: CITY OF LUBBOCK Byt— Signatu/e of Authorized Officer David A. Miller Typed, Printed or Stamped Name Title: Mayor Date: August 24, 2006 «Name» Pane 1 of 1 STATE PROJECT NO.: aurb_» APPROVED RECIPIENT ATTEST: R ecca a City Secretary Date: August 24, 2006 OVED AS TO CONTENT: Loomis )r of Aviation APPROVED AS TO FORM: ight Assistant City Attorney ATTACHMENT A PROJECT DESCRIPTION Personnel operating expenses «Name» STATE PROJECT NO.: aurb_p Page 1 of 1 Public: Transportation Budget -Attachment B Select Fiscal Year—> FY 00 KHMIM n 'w„i e.#.:, '. WON ON mm ' . .,.. .. �. :..k .-. .�.. : 11M MI- •� .-.. .. tt. +�+...� !F�i Me. .i- :.... xa,. S .�"% .� .,.. ' .. .. r. a ... 48 -.w .:.�.d�4�k� �e',-�'d:{: ,. �°'s X1 ...: ....: .. i,. ...- ` '•:.ice ann/9"