HomeMy WebLinkAboutResolution - 2008-R0198 - Sec. 5310 Grant Agreement - TXDOT - Citibus Preventative Maintenance Services - 05_22_2008Resolution No. 2008-R0198
May 22, 2008
Item No. 5.9
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 5310 Grant
Agreement by and between the City of Lubbock and the Texas Department of
Transportation to be used by Citibus to provide preventative maintenance 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
VED AS TO
22nd day of may , 2008.
MAYOR
City Manager/Transportation and Public Works
gs/ccdocs/Citbus-Grant Agrmnt TXDOT.Demand Response Sm.res.08
05/08/08
Misc. Contract No: 51805F7185
Resolution No. 2008—RO198
SUBRECIPIENT: City of LubbockICITIBUS
STATE/LOCAL PUBLIC TRANSPORTATION (SECTION 5310) GRANT AGREEMENT- FEDERAL
STATE PROJECT NO.: ED 0803 (05)
MISC. CONTRACT. NO. 51805F7185
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
STATE/LOCAL 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/CITIBUS, hereinafter called the "Subrecipient."
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 Subrecipient 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 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 Subrecipient submitted a Fiscal Year Grant Application, 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 111289; and,
WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part I at the start of each
fiscal year grant ; -T.--H fcr con �deraaon for new state and/or federal grants; ..^nu,
WHEREAS, the Subrecipient must execute a Fiscal Year Grant Application, Part II each year for
consideration for new federal grants; and,
WHEREAS, a Fiscal Year 2006 Master Grant Agreement (MGA) between the Subrecipient and the
State has been adopted and states the general terms and conditions for grant projects developed
through this PGA; and,
WHEREAS, the U.S. Secretary of Transportation approved the State's request;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set
forth, the State and the Subrecipient hereto agree as follows.
City of LubbocklCITIBUS STATE PROJECT NO.: ED 0803 (05)
Page 1 of 5
Misc. Contract No: 51805F7185
AGREEMENT
ARTICLE 1. GRANT TIME PERIOD
This PGA becomes effective when fully executed by both parties or on April 15, 2008 whichever is
later. This PGA shall remain in effect until August 31, 2009 unless terminated or otherwise modified
in an Amendment. Any cost incurred before or after the contract period shall be ineligible for
reimbursement. This PGA will not be considered fully executed until both parties have executed a
Fiscal Year 2006 Master Grant Agreement, and the Subrecipient has submitted the Fiscal Year Grant
Applications, Part I and the Part II (federal funds only) to the State.
ARTICLE 2. PROJECT DESCRIPTION
The Subrecipient shall commence, carry out and complete the public transportation project described
in the Fiscal Year Grant Application, Part I and/or the attached Attachment A, Project Description and
Attachment B, Project Budget, with all practicable dispatch, in a sound, economical and efficient
manner.
The Subrecipient shall carryout the public transportation project described in the Fiscal Year Grant
Application, Part I and the Attachment A, Project Description and 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 Subrecipient 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,
Project Description and Project Budget. No later than sixty (60) days after the issuance of public
notification, the Subrecipient shall publicly open all bids or privately review proposals. The
Subrecipient 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 Subrecipient 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 $49,935 provided that
expenditures are made in accordance with the amounts and for the purposes authorized in the Fiscal
Year Grant Application, Part I and the Attachment A, Project Description and Attachment B, Project
Budget.
The original and one copy of the invoice is to be submitted to the following address:
Randy G. Hupmann, P.E.
District Engineer
Texas Department of Transportation
135 Slaton Road
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 Article 1, Grant Period.
City of Lubbock/CITISUS STATE PROJECT NO.: ED 0803 (05)
Page 2 of 5
Misc. Contract No: 51805F7185
ARTICLE 5. SUCCESSORS AND ASSIGNS
The Subrecipient binds themselves, their successors, assigns, executors and administrators in
respect to all covenants of this agreement. The Subrecipient 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.
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 Subrecipient 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:
'Randy opman P.E.
District Engineer
Date: (� 61
List of Attachments
A - Project Description
B - Project Budget
City of Lubbock/CITIBUS
By:
Tom Martin
Mayor
Date: May 22, 2008
City of Lubbock/CITIBUS STATE PROJECT NO.: ED 0803 (05)
Page 3 of 5
APPROVED
RECIPIENT
ATTEST:
Rebikca Garza
City Secretary
Date: May 22, 2008
APPROVED AS TO CONTENT:
Loomis
City Manager Transportation & Public Works
..P.O O.
�'
Assistant City Attomey
Misc. Contract No: 51805F7185
ATTACHMENT A
PROJECT DESCRIPTION
Subrecipient: City of Lubbock/CITIBUS
State Project No.: ED 0803 (05)
Misc. Contract No.: 51805F7185
Effective Date: April 15, 2008
Project Completion Date: August 31, 2009
Lubbock District Description ALI No. Units
Code
Resolution No. 2008RO198
Elderly and Persons with Disabilities Program
(49 U.S.C. §6310)
CFDA 20.513
Total Federal TDC Local
Capital Preventive Maintenance 11.7A.00 1
62,419
49,935
0
12,484
Totals
62,419
49,935
0
12,484
NARRATIVE:
City of Lubbock/CITIBUS STATE PROJECT NO.: ED 0803 (05)
Page 4of5
Lubbock Resolution No, 2008-RO198
p®me
Oa
of TrBnspolp—
tatlon
Select Fiscal Year—> FY 2008
Letlenrl
Federal _F;ai. �_ ".,r:,l�,�
§5310 Total
Totals
Federal
State
Local
Dro Downs
Texas
Department
of Transportation
Project #
Locked Cell
Data Entry
Grant #
Title Cells
Start Date
Comments
End Date
E.ty Date
Description ALI
Quantity &
FueLTypE
Total of All
Programs
§5310 5310
Federal State Local Total
Preventive Maintenance
11,7A.00
Purchase of Service
11.71.13
er v 5310 Qpiy
11.7A.00
49,935
12,484
62,419
FurchasE f 10
11.71.13
LOther314 Capital
Capital Subtotal
62,419
49,935
12,484
62,419
Administration Costs
Federal
State
Local
Total
Planning Costs
Total Admin/Plannin Costa
IV:
Federal
State
Local
Total
Gross Operating
450,031
Fare6ox Revenue
Net Operating
450,031
§6310 5310
Total Federal State Local I Total
Total Transit laud et 512,4501 49.935 1 12,484 1 62.419